Okaloosa County BOCC — November 16, 2013 — Sensus Contract — reading text

CONTRACT This agreement executed in _Fort Walton Beach _, Florida this 26th day of August _ 2013 between the County of Okaloosa, Florida, the Owner, hereinafter called the Party of the First Part, and Sensus USA, Inc. or its successors, executors, administrators and assigns, hereinafter called the Party of the Second Part. WITNESSETH: That for and in consideration of payments, hereinafter mentioned, to be made by the Party of the First Part, the Party of the Second Part agrees to furnish all equipment, machinery, tools and labor; to furnish and deliver all materials required to be furnished and delivered in about the improvement and to do and perform all work as per the attached pricing sheet in strict conformity with the provisions of this Contract, the Notice to Contractors, the Specifications and the Plans approved by the Owner. The said Plans, Specifications, and the Proposal are hereby made a part of this agreement as fully and to the same effect as if the same had been set forth at length in the body of this agreement. In consideration of the foregoing promises, the Party of the First Part agrees to pay to the Party of the Second Part such unit prices for the work actually done or material delivered as are set out in the accompanying proposal in the manner provided in the said Specifications. The Contractor shall be prepared to begin work to be performed under the contract as he set forth in his proposal, but will not proceed until he receives official notice to begin. The official notice will stipulate the date upon which it is expected that the Contractor will begin his work and from which date the working days tabulated against his time limit will begin; all other requirements in regard to the beginning of construction stipulated in the proposal and Special Provisions will date from the official notice. The place where the work is to be started will either be stated in the “Notice to Proceed”; or will be designated on the ground. The work shall be prosecuted from as many different points, in such part or parts and at such times as may be directed, and shall be conducted in such a manner and with sufficient materials, equipment and labor as is considered necessary to insure its completion and with the time set forth in the proposal. Should the prosecution of work for any reason be discontinued by the Contractor, with the consent of the Engineer, he shall notify the Engineer at least twenty-four (24) hours before again resuming operations. PERIOD - This contract shall run through September 30, 2016 and shall be renewable for (1) year increments if in written agreement by both parties, for up to three (3) additional years. After September 30, 2016, attached prices may be adjusted annually per written agreement by both parties and based on the Producers Price Index for Capital Equipment published monthly by the U.S. Department of Labor, Bureau of Labor Statistics, for the price of goods. This contract may be terminated for convenience with 30 calendar days written notice or for cause if either party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance within 5 calendar days of written notice and diligently complete the correction thereafter. PAYMENT — Payment for goods or services delivered will be made upon submission of invoices to the requesting department and the Okaloosa County Board of County Commissioners, Finance Office, Room 115, 101 E. James Lee Blvd., Crestview, FL 32536. Invoices must show the County Contract Number. REPRESENTATIVES: The authorized representative of the County shall be: Mark Wise, Deputy Director 1804 Lewis Turner Blvd., Ste 300 Fort Walton Beach, FL 32547 850-651-7502 Email: mwise@co.okaloosa.fl.us The authorized representative for Sensus USA, Inc. shall be: Griff Machinski, Territory Sales Manager 4367 Richmond Park Drive East Jacksonville, FL 32224 904-229-9132 Email: griff.machinski@sensus.com All notices required by this agreement shall be in writing to the representative listed above with a courtesy copy to the following: Jack Allen Contracts & Leases Okaloosa County Purchasing Department 602-C North Pearl Street Crestview, FL 32536 850-689-5960/850-689-5998 (fax) Email: jallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said Griff Machinski has hereto fixed signature, the day and year above written. WITNESS: Thoey, Mohd Sensus USA, Inc. () Contractor Griff Machinski Territory Sales Manager STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of , 2013 and is effective upon execution. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Don R. Amunds, Chairman Deputy Clerk of Court