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R25-187 1 RESOLUTION NO. R25-187 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING A PIGGYBACK AGREEMENT WITH 5 MARTIN FENCE CO. FOR FENCING INSTALLATION, MAINTENANCE, 6 AND REPAIR SERVICES, FOR AN AMOUNT NOT TO EXCEED 7 $250,000.00 ANNUALLY; AND FOR ALL OTHER PURPOSES. 8 9 WHEREAS, the City requires Fencing installation, maintenance, and repair services; and 10 WHEREAS, the City of Greenacres issued an "Invitation to Bid" (ITB No.23-003)for Fencing 11 Installation, Maintenance, and Repair Services and entered into an agreement with Martin Fence 12 Co. ("Vendor") for Fencing Installation, Maintenance, and Repair Services; and 13 WHEREAS, to provide fencing installation, replacement, maintenance, and repair services, 14 the City's Public Works Department desires to enter into a Piggyback Agreement with the Vendor is for citywide fencing services on an as-needed basis; and 16 WHEREAS, the requested Piggyback Agreement with the Vendor is necessary to the 17 functions of the City; and 18 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 19 best interests of the City's citizens and residents to approve the Piggyback Agreement with the 20 Vendor to provide the City with nuisance reptile removal and extermination services, with an 21 annual amount not to exceed $250,000.00. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve the Piggyback Agreement between Vendor and the City for Fencing Installation, 28 Maintenance, and Repair Services, with an annual amount not to exceed $250,000.00 (the 29 "Piggyback Agreement"), in form and substance similar to that attached as Exhibit A. 30 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby 31 authorizes the Mayor to execute the Piggyback Agreement. The Mayor is further authorized to 32 execute any ancillary documents required under the Piggyback Agreement or necessary to 33 accomplish the purposes of this Resolution. 34 SECTION 4. The City Clerk shall retain the fully executed Piggyback Agreement as a 35 public record of the City. A copy of the fully executed Piggyback Agreement shall be provided to 36 Taralyn Pratt to forward to the Vendor. 37 SECTION 5. This Resolution shall take effect in accordance with law. 38 �f'� 1 39 PASSED AND ADOPTED this / J day of vd 2025. 40 41 CITY OF BOYNTON BEACH, FLORIDA 42 YES NO 43 Mayor— Rebecca Shelton 44 45 Vice Mayor—Woodrow L. Hay 46 47 Commissioner—Angela Cruz 48 49 Commissioner—Aimee Kelley 50 51 Commissioner—Thomas Turkin 52 53 E S� 54 ç7: ,1 a 57 Maylee De/A-sus, MPA, C Rebecca Shelton 58 City Clerk Mayor 59 gOYNTo, % �: pRPO''• \ 60 T APPROVED AS TO FORM: j/� : G q •. 61 (Corporate Seal) i c';▪ SEAL 62 ' INCORPORATED? S 63 •t '•.,• 1920 ' ; Alei/11 WI 04,6 64 `� F . DP Shawna G. Lamb 65 City Attorney City of Boynton Beach Contract#25-065PB PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MARTIN FENCE CO. This Piggyback Agreement is made as of this LS—lay of )..d.Q , 2025, by and between Martin Fence Co.,a Florida Profit Corporation with a principal address of 862 13th Street, Lake Park, FL 33403, hereinafter referred to as "Vendor," and the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean Avenue, Boynton Beach, Florida 33435, hereinafter referred to as "City." RECITALS WHEREAS, on November 13, 2022, the City of Greenacres issued an"Invitation to Bid" (ITB) No. 23-003 to solicit bid proposals from experienced and qualified companies to perform Fencing Installation, Maintenance and Repair Services; and WHEREAS, the City of Greenacres found Martin Fence Co. ("Vendor") to be a responsive,responsible bidder and awarded it a one(1)year contract from January 9,2023,through January 8, 2024, and may be extended for up to three (3) additional one-year term(s), through January 8, 2027, (ITB)No. 23-003, ("Master Agreement"); and WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract, provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, to provide fencing installation, replacement, maintenance, and repair services, the City's Public Works Department desires to enter into a Piggyback Agreement with the Vendor for citywide fencing services on an as-needed basis; and WHEREAS,the Vendor has agreed to allow the City to piggyback the Master Agreement, a copy of the Master Agreement, and all Amendments to the Master Agreement are attached as Exhibit "A." NOW,THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Piggyback Contract—Fence Installation,Maintenance and Repair Services I City of Boynton Beach Contract# 25-065PB 2. TERM: The term of this Agreement commences on full execution by the parties and will remain in effect until January 8, 2026. The Agreement may be renewed for one (1) additional one-year term(s) upon the mutual consent of both parties. The Mayor is authorized to execute any renewal amendments. The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor shall complete the Services on the same terms and in the same manner as set forth in the Master Agreement,except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein, made for the benefit of the City, and incorporated herein, except that all references to the "City of Greenacres" are hereby replaced with the "City of Boynton Beach." The City shall compensate the Vendor for all Services ordered on an as-needed basis pursuant to the rates set forth in the Master Agreement attached hereto as Exhibit"A,"in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00)per year. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Vendor: Martin Fence Co. Contact Name: Robert Greene, President 862 13th Street Lake Park, FL 33403 Telephone: (877) 777-3212/Email: r¢reenena.martinfence.com 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Piggyback Contract—Fence Installation,Maintenance and Repair Services 2 City of Boynton Beach Contract#25-065PB Boynton Beach, FL 33425 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked, person performing services, nature of the service,hourly rate,and dates(s)of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year. Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor, either wholly or in part,and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty, or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use,and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically, the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and Piggyback Contract—Fence Installation,Maintenance and Repair Services 3 City of Boynton Beach Contract#25-065PB D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City,upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerk aC�bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11. E-VERIFY: VENDOR shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one(1)year after the date of termination. 12. DISPUTES: Any disputes that arise between the parties with respect to the performance Piggyback Contract—Fence Installation,Maintenance and Repair Services 4 City of Boynton Beach Contract#25-065PB of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13. EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts, which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen(14)calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date,including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERMINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty(30)calendar days' after receipt by Vendor of written notice of such neglect or failure. 16. INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors,or sub-subcontractors,from and against claims,demands,or causes of action whatsoever, and the resulting losses, damages, costs,and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from (A) Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits,or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17. INSURANCE: At the time of execution of this Agreement, Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18. LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement,regardless of whether said liability be based Piggyback Contract—Fence Installation,Maintenance and Repair Services 5 City of Boynton Beach Contract# 25-065PB in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for punitive or exemplary damages or for lost profits or consequential damages. 19. NO SPECIAL DAMAGES. In no event shall either Party be liable to the other for any special damages, speculative damages, indirect, special, incidental, consequential, loss of profits, or other damages or losses of any kind whatsoever, no matter what the cause. 20. INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 21. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. 22. ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization, consolidation,merger,or sale of substantially all of its assets related to this Agreement within thirty (30) calendar days of such event. 23. AGREEMENT SUBJECT TO FUNDING: The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 24. ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings,and agreements,written or oral, between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 25. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Piggyback Contract—Fence Installation,Maintenance and Repair Services 6 City of Boynton Beach Contract#25-065PB 26. ANTI-HUMAN TRAFFICKING. On or before the Effective Date of this Agreement, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. Signature Page to follow Piggyback Contract—Fence Installation,Maintenance and Repair Services 7 City of Boynton Beach Contract#25-065PB IN WITNESS OF THE FOREGOING, the parties have set their hands and sealed the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA MARTIN FENC CO. liecca helton, Mayor • (Si nature) Martin Fence Co. 1Zo --1- 1-. grce vL: . Print Name of Authorized Official nt.„,„ Approved as to Form: Title _14ena J. aVA6 Shawna G. Lamb, City Attome_ (Corporate Seal) � pYNTON '� O 1 G�EtP ORgT� .:�`0 st ; 8_'' SEAL :INCORPORATED; ; Attest/Authenticated: 1920' ••'�Attested/Authenticated: '4% ... 110 r (Signature), Witness Mayl x %-Jesus, City 'lerk Print Name Piggyback Contract—Fence Installation,Maintenance and Repair Services 8 City of Boynton Beach Contract#25-065PB EXHIBIT "A" MASTER AGREEMENT BETWEEN CITY OF GREENACRES AND MARTIN FENCE CO. (ITB NO. 23-003) Piggyback Contract—Fence Installation,Maintenance and Repair Services 9 City of Greenacres Department of Purchasing T �� 5800 Melaleuca Lane•Greenacres•Florida•33463-3515 Joel Flores Ply 561-642-2030•Email:purchasing@greenacresfl.gov Mayor Andrea McCue City Manager Monica Powery Director January 23, 2023 NOTICE OF AWARD Robert Greene Martin Fence Co. 862 13th Street Lake Park, FL 33403 Subject: Bid No. 23-003 Fence Installation, Maintenance and Repair Services Attn: Robert Greene Thank you for submitting a proposal for Bid No. 23-003. City Council awarded Area A of the subject bid to your company at the meeting held on Monday, January 9, 2023. This letter shall serve as your"Notice of Award". We appreciate your time and interest in submitting a proposal to the City of Greenacres and we look forward to working with your company on this project. Any questions should be addressed to the undersigned at (561) 642-2039. Best regards, �.. g er Monica Powery, CPPB Director of Purchasing CONTRACTOR AGREEMENT Fence Installation, Maintenance and Repair Services THIS CONTRACTOR AGREEMENT ("Agreement") is made this 9 day of January 2023, between the City of Greenacres, Florida, a municipal corporation herein referred to as the "CITY", and Martin Fence Co., a corporation authorized to do business in the State of Florida, herein referred to as the "CONTRACTOR". RECITALS WHEREAS, the CITY issued Invitation to Bid No. 23-003 for Fence Installation, Maintenance and Repair Services for the City ("BID" hereafter); WHEREAS, CONTRACTOR submitted a proposal to perform the services described and set out in the BID; WHEREAS, the CITY desires to accept CONTRACTOR'S proposal in order for CONTRACTOR tc render the services to the CITY as provided herein; WHEREAS, the CONTRACTOR further warrants that it is experienced and capable of performing the services hereunder in a professional and competent manner; WHEREAS, the CITY finds awarding the BID to the CONTRACTOR as described herein serves a valid public purpose. NOW THEREFORE, the CITY hereby engages the services of the CONTRACTOR, and in consideration of the mutual promises herein contained, the sufficient of which is hereby acknowledged by both parties, the parties agree as follows: 1. Term 1.1 The term of this Agreement shall be for one (1) year beginning on date of execution by the CITY. In accordance with the BID, at the end of the one (1) year period, this Agreement may be extended for up to three (3) additional one (1) year terms upon mutual written consent of the parties. Pricing may be adjusted upon each annual renewal based on the percent change in the Consumer Price Index, All Urban Consumers, for the Miami-Fort Lauderdale Region from June to June of each prior and renewal year, as published by the United States Department of Labor. Notwithstanding the term, the parties may terminate this Agreement as stated herein. 2. Scope of Work 2.1 CONTRACTOR agrees to Fence Installation, Maintenance and Repair Services for the CITY as set forth in the BID and CONTRACTOR'S proposal response dated December 13, 2022, which BID and CONTRACTOR'S proposal are incorporated herein by reference. 2.2 The CONTRACTOR represents to the CITY that the services to be performed under this Agreement shall be in accordance with accepted and established trade practices and procedures recognized in the CONTRACTOR'S trade in general and that the CONTRACTOR'S services shall conform to the highest standards and in accordance with this Agreement. 2.3 The CONTRACTOR represents that it is licensed to do business in the State of Florida and further warrants its capability and experience to perform the services provided for herein in a professional and competent manner. • 1 3. INDEPENDENT CONTRACTOR AND USE OF AGENTS OR ASSISTANTS 3.1 it is expressly agreed that CONTRACTOR is and shall be in the performance of all work, services, and activities under this Agreement an independent contractor and not an employee, agent, or servant of the CITY. All persons engaged in any work, service or activity performed pursuant to this Agreement shall at all times and in all places be subject to CONTRACTOR'S sole direction, supervision and control. CONTRACTOR shall exercise control over the means and manner in which it and its employees perform and work, and in all manner in which it and its employees perform the work, and in all respects CONTRACTOR'S relationship and the relationship of its employees to the CITY shall be that of an independent contractor and not as employees or agents of the CITY. 3.2 In the event CONTRACTOR, during the term of this Agreement, requires the services of any subcontractors or other professional associates in connection with services covered under this Agreement, CONTRACTOR must secure the prior written approval of CITY'S Purchasing Agent. Any subcontractor authorized to perform under this Agreement shall be required to possess the same insurance coverages as enumerated herein for the CONTRACTOR. 3.3 To the extent reasonably necessary to enable the CONTRACTOR to perform its duties hereunder, the CONTRACTOR shall be authorized to engage the services of any agents or assistants which it may deem proper, and may further employ, engage, or retain the services of such other persons or corporations to aid or assist in the proper performance its duties. All costs of the services of, or expenses incurred by, such agents or assistance shall be paid by the CONTRACTOR. 4. PROJECT MANAGEMENT 4.1 Both parties shall appoint a Project Manager who shall meet to coordinate, review, and insure performance by the CONTRACTOR under this Agreement. The project manager appointed by the CITY will oversee the daily administration of the tasks to be performed by the CONTRACTOR under this Agreement. 5. EQUIPMENT 5.1 The CONTRACTOR shall provide the equipment necessary to complete the various services to be performed hereunder. In the event CONTRACTOR requires equipment from the CITY, the CONTRACTOR shall meet and confer with the CITY before services commences. In the event the CITY'S equipment is to be utilized, any costs chargeable to the CONTRACTOR shall be agreed upon in advance of the commencement of services. 5. FEE AND ORDERING MECHANISM 6.1 For services to be rendered under this Agreement, the CITY shall issue a purchase order as authority for the CONTRACTOR to proceed with its services. Authorization through an approved order is required prior to commencing any services. City shall not be responsible for payment for any services performed without prior authorization via a purchase order, including pre and post diagnostics. 6.2 Upon satisfactory completion of each cycle under an approved purchase order, CONTRACTOR shall invoice CITY at the address shown on the purchase order based on the pricing set forth in the CONTRACTOR'S proposal. 7. MAXIMUM COSTS 7.1 The CONTRACTOR expressly acknowledges and agrees that the total cost to complete all services as specified herein and on the purchase order shall not exceed the maximum contractual amount provided for herein without prior written approval from CITY. The maximum 2 costs, as expressed herein, include any approved costs associated with an executed amendment to this Agreement. 0. (BELLING 8.1 The CONTRACTOR shall submit invoices upon 100% completion of scheduled work referencing the purchase order number. The invoices shall be signed by the CONTRACTOR'S representative. 8.2 The CONTRACTOR shall be paid within thirty (30) days receipt of approved invoice for services. 9. AUDIT EY CITY 9.1 The CONTRACTOR shall permit the CITY, or any authorized representatives of the City, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the CONTRACTOR'S performance under this Agreement including, but not limited to, expenses for sub-contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to per performed under this Agreement. Ia. COPIES OF DATA/DOCUMENTS 10.1 Copies or original documents prepared by the CONTRACTOR in relation to services associated with this Agreement shall be provided to the CITY. Data collected, stored, and/or provided shall be in a form acceptable to the CITY and agreed upon by the CITY. 11. OWNERSHIP 11.1 Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 12. WRITTEN AUTHORIZATION REQUIRED 12.1 The CONTRACTOR shall not make changes in the Scope of Services or perform any additional services or provide any additional material under this Agreement without first obtaining written amendment from the CITY for such additional services or materials. Additional labor or materials provided without written amendment shall be done at the CONTRACTOR'S risk and without payment. la. DEFAULTS, TERMINATION OF AGREEMENT 13.1 If the Project Manager deems that the CONTRACTOR is in default for failure to supply an adequate working force, or service of proper quality, or has failed in any other respect to satisfactorily perform on the services specified in this Agreement, the Project Manager may give written notice to the CONTRACTOR specifying defaults to be remedied within ten(10)days. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures and be made pursuant to paragraph 23 of this Agreement. A. If the CONTRACTOR does not remedy defaults within ten (10) days or commence steps to remedy default to the reasonable satisfaction of the Project Manager, the CITY may provide for such services from another CONTRACTOR and the CITY may withhold any money due or which may become due to the CONTRACTOR for such services related to the claimed default; or If after ten (10) days the CONTRACTOR has not remedied defaults or commenced steps to remeay defaults to the satisfaction of the Project Manager, the CITY may elect to terminate this Agreement. 3 13.2 Notwithstanding paragraph 13.1, the CITY reserves the right and may elect to terminate this Agreement at any time upon thirty (30) days' notice. At such time, the CONTRACTOR would be compensated only for services which have been satisfactorily completed to the date of termination. No compensation shall be paid for de-mobilization, take-down, disengagement wind- down or other costs incurred due to termination of this Agreement. 14. INSURANCE 14.1 Prior to the effective date of this contract, CONTRACTOR shall be required to submit to the Purchasing Office, a copy of its Certificate of Insurance, reflecting, at a minimum, the following coverages: Worker's Compensation Insurance to apply for all employees in compliance with the Workers Compensation Law of the State of Florida and such state where work is performed and all applicable federal laws. Comprehensive General Liability Insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: O Premises and/or Operations. • Independent Contractors. • Broad Form Property Damage. • Broad Form Contractual Coverage applicable to this specific Agreement. • Personal Injury Coverage with employee and contractual exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability Insurance with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office and must include: e Owned vehicles. • Hired and non-owned vehicles. n Employers' non-ownership. CONTRACTOR agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event CONTRACTOR does not own automobiles, CONTRACTOR agrees to maintain coverage for Hired & Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 14.2 All insurance, other than Worker's Compensation shall specifically include the CITY as an "Additional Insured" on a primary, non-contributing basis. 14.3 Coverage must be maintained during the full term of this Agreement. If there is a cancellation of or change to the policy submitted as proof of coverage, it is the responsibility of the CONTRACTOR to insure it or the Insurance carrier, notifies the City at least thirty (30) days before expiration of or any changes to the policy. 4 14.4 Neither approval nor failure to disapprove insurance furnished by the CONTRACTOR shall relieve the CONTRACTOR from responsibility to provide insurance as required by this Agreement. 14.5 The CONTRACTOR shall deliver to the CITY the required certificate(s) of insurance and Endorsements) before the CITY signs this Agreement. 14.6 The CONTRACTOR'S failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. In the event of any termination or suspension, the CITY may use the services of another CONTRACTOR without the CITY incurring any liability to the CONTRACTOR. 16. WAIVER OF BREACH 15.1 The waiver of either parts of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. 16. INDEWiNITY 16.1 The CONTRACTOR shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the CITY and its officers, agents, employees and representatives, from and against any and all liability, suite, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or prcperty damage, and regardless, of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses and expert fees) which in whole or in part arise out of or are connected with, or which are alleged to have arisen cut of or to have been connected with, the CONTRACTOR'S performance of this Agreement (including performance by its agents, employees, subcontractors or by anyone the CONTRACTOR directly or indirectly employed). 16.2 The CONTRACTOR'S obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon the CONTRACTOR whether such injury or damage shall accrue, or may be discovered, before or after termination of this Agreement. 16.3 The CONTRACTOR'S failure to comply with this section's provisions shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 17. ENTIRE AGREEMENT 17.1 This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained he`er; shall be valid or binding. This Agreement consists of the terms and conditions herein si:eted and the RPD and CONTRACTOR'S proposal. In the event of a conflict between the a:t'orementionee iocuments, the terms of this Agreement shall prevail with the BID next t, ing precedence. .i ASSIGNfti;:=NT 18.1 Nothing under this Agreement shall be construed to give any rights or benefits to any party other than the CITY and the CONTRACTOR. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of the CITY and the CONTRACTOR and not for the benefit or any other party. The CONTRACTOR shall not assign any right or interest in this Agreement, and shall not delegate any duty owned, without the CITY'S prior written consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes, and shall cor.stftute a material breach upon which the CITY may immediately terminate or suspend this -: reement. 18.2 In the event the CITY consents to an assignment or delegation, the assignee, delegate, or its legal representative shall agree in writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations, and provisions. S. SUCCESSORS AND ASSIGNS 19.1 Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 20. WAIVER OF TRAIL BY JURY 20.1 TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 2i. GOVERNING LAW 21.1 The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 22. TIME IS OF THE ESSENCE 22.1 Time is of the essence in the completion of tasks and services as specified herein. The CONTRACTOR and the CITY agree that the ongoing performance and completion of all tasks and services specified in this Agreement are of vital importance to the CITY and the CITY will suffer irreparable harm and injury of a nature not capable of being calculated with reasonable certainty if they are not timely completed. 22.2 The CITY may recover from the CONTRACTOR any amounts paid by the CITY for damages suffered to third parties as a result of the CONTRACTOR'S failure to complete the tasks and services as required in this Agreement. 2a. NOTICES 23.1 All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date personally delivered to the address indicated below; or on the thin (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. postal mailbox or at any U.S. Post Office to the address indicated below; or on the next day following delivery by a nationally recognized overnight courier to the address indicated below. Should the CITY of the CONTRACTOR have a change of address, the other party shal! immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, remands or requests from the CONTRACTOR to the CITY shall be given to the CITY address as follows: FOR CITY: FOR CONTRACTOR: PURCHASING AGENT MARTIN FENCE CO. CITY OF GREENACRES ROBERT GREENE 5800 MELALEUCA LANE 862 13TH STREET GREENACRES, FL 33463 LAKE PARK, FL 33403 6 24. SEVERABILITY 24.1 Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 26. FORCES OF NATURE 25.1 Neither party shall be considered in default in the performance of its obligations hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include but are not limited to acts of God, labor disputes or civil unrest. Any delays beyond the control of wither party shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay. 2E'. COUNTERPARTS 26.1 This Agreement may be executed in counterparts, each of which shall be an original, but of which shall constitute one and the same document. Each of the parties shall sign a sufficient number of counterparts, so that each party will receive a fully executed version of this Agreement. 27. PUBLIC ENITITY CRIMES 27.1 CONTRACTOR acknowledges and agrees that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. CONTRACTOR will advise the CITY immediately if it becomes aware of any violation of this statute. 28. PREPARATION 28.1 This Agreement shell not be construed more strongly against either party regardless of who was more responsible for its preparation. 29. PALM BEACH COUNTY IG 29.1 in accordance with Palm Beach County ordinance number 2011-009, the CONTRACTOR acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 30. SCRUTINIZED COMPANIES 30.1 As provided in Section 287.135, Florida Statutes, as amended from time to time, by entering into the Contract Documents, the Contractor certifies that it and any authorized subcontractors are not participating in a boycott of Israel. The City and Contractor agree that the City will have the right to immediately terminate the Contract Documents if the Contractor and/or any authorized subcontractors is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. 7 E-VERIFY 31.1 Pursuant to Section 448.095(2), Florida Statutes, beginning on January 1, 2021, the CONTRACTOR shall: A. Register with and use the E-Verify system to verify the work authorization status of all newly hired employees and require all subcontractors (providing services or receiving funding under this Agreement) to register with and use the E-Verify system to verify the work authorization status of all the subcontractors' newly hired employees; E. Secure an affidavit from all subcontractors (providing services or receiving funding under this Agreement) stating that the subcontractor does not employ, contract with, or subcontract with an "unauthorized alien" as defined in Section 448.095(1)(k), Florida Statutes: C. Maintain copies of all subcontractor affidavits for the duration of this Agreement and provide the same to the CITY upon request; D. Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095, Florida Statutes; E. Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens; employment prohibited) shall be grounds for termination of this Agreement; and, F. Be aware that if the CITY terminates this Agreement under Section 448.095(2)(c), Florida Statues, the CONTRACTOR may not be awarded a contract for at least 1 year after the date on which the Agreement is terminated and will be liable for any additional costs incurred by the CITY as a result of the termination of the Agreement. 32. PUBLIC RECORDS 32.1 Public Records: The CONTRACTOR shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the CITY as provided under section 119.011(2), Florida Statutes, specifically agrees to: A. Keep and maintain public records required by the CITY to perform the service. E. Upon request from the CITY'S custodian of public records or designee, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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 for the duration of this Agreement and following completion of this Agreement if the CONTRACTOR does not transfer the records to the CITY. E. Upon completion of this Agreement, transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If the CONTRACTOR transfers all public records to the CITY upon completion of the Agreement, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Agreement, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the CITY, upon request from the CITY'S custodian of public records or designee, in a format that is compatible with the information technology systems of the CITY. 8 33. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT THE CITY OF GREENACRES, ATTN: CITY CLERK, AT (561) 642-2006, CITYCLERf GREENACRESFL..GOV, 5800 MELALEUCA LANE, GREENACRES, FL 33463. 34. EQUAL OPPORTUNITY EMPLOYMENT 34.1 CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin, or disability and will take affirmative steps to ensure that applicants are employed, and employees are treated during employment without regard to race, color, religion, sex, age, national origin or disability. This provision shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeships. 9 IN WITNESS WHEREOF the parties hereto have made and executed this Contractor Agreement on the day and year first above written. CITY OF GREENACRES, FLORIDA t I By: (r`U�._.' Jae Flores, Mayor A ST: ( J ( j V14-4A7--- .;ar"----(-37- Ouintella Moorer, City Clerk /• ,' ..1-4k� Approved as to form and leg i s 1 riitab„ el ur 6''-r .R-J/Forcivia, City Attorney •1Z.eitve><u�• -/ ro Lt CONTRACTOR: .7y/-- / /./ p., 74/0/9//k/,./Z. Y 1;,,,,,,..-7-- • [Corporate Seal] Print Name: Rk-rA- L (_�it.E'u_,t Title: Pik:-...s% i. r I . T :`iv OF C- LC 1E-I Da ) COUNTY OF 1 u'-\ t'-444,:•...i4- ) The foregoing instrument was acknowledged before me this 4 day of 3+ , 202$, by ti4 4_0,- h (.1 .'tn L , who was physically present, as Ocz.t3;t E.s,._-r- (title), of `�" -rttu t•rtiu••e. t.'1! (name of entity) which is authorized to do business in the State of Florida, and who is personally known to me or who has produced the following as identification. Notary Public t(s._KLlit , X1.1.Or t i) to P. C., .a` ,tiA3C." °% Print Name: �i`it idleJle.. k.• l' ../.1..tick... •:, .v. :: My commission expires: 10- 14 - Z3 g s•; ,GREEN 90 BID NO. 23-003 �'"` 4En)-1 FE'LCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES 1 AREA A PALM BEACH COUNTY/NORTH BROWARD COUNTY BID PROPOSAL FORM (Page 1 of 5) Provide and InstaiU New Fencing (Board on Board) ]ar•ei Description Height I Unit of Measure Unit Cost Board on Board Fencing 6' Per Linear Foot $te • Provide and install New Fencing (Split Railing) Item I Description Height I Unit of Measure Unit Cost 2.1 Split Railing Fencing 4' I Per Linear Foot VA --- Provide and Install New Fencing (Galvanised and Vinyl Coated) Item i tescription Height Unit of Measure f Unit Cost 3.1 4' Per Linear Foot $ /671.5-- 3.2 i 3.2 Per Linear Foot $/x50 3.3 I Galvanized Fencing 6' Per Linear Foot $ Chain Link Fabric with Top Rail r 3.4 8' Per Linear Foot $ ��i 3.5 I 10' Per Linear Foot $ 3.6 4' Per Linear Foot $j7,--1--' • 3.7 5' Per Linear Foot $ Ice' Galvanized Fencing 3.8 Chain Link Fabric with Tension 6' Per Linear Foot $ /7 i Wire without Top Rail 3.9 1 8' Per Linear Foot $ fl 3.10 10' Per Linear Foot $ A 3.11 4' Each $ � i � 3.12 5' Each $.1Ol' .. 3.13 Galvanized Posts 6' Each $ � ..-- Corner Posts with Braces 3.14 8' Each $ilzt • 3.15 , , , . . s % _ 1/ I 10 Each $ M01 BID NO.23-003 AREA A BID PROPOSAL� Page 1 / EP.T c,\, BID NO. 23-003 Uz,. :,1 _N FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES ,._ AREA A PALM BEACH COUNTY/NORTH BROWARD COUNTY BID PROPOSAL FORM (Page 2 of 5) I i✓`rcvede and Install New Fencing (Galvanized and Vinyl Coated) Item Description Height Unit of Measure Unit Cost 3.16 4' Each $ .P6," 3.17 5' Each $ r%, Galvanized Posts _d 3'18 / f Terminal Posts with Braces 6' Each $ zee. 3.19 i 8' Each $ �o/ 3.20 10' Each $ 61;2, 3.21 4' Each $ �.aP 6 3.22 Galvanized Posts 5 Each $ e 3.23 I Including Posts with Braces; Each $ Line Posts and Intermediate V1.7,‘ Post 3._4 8' Each $ as — 3.25 10' Each $ 2 i 6'0" 3.26 4' Per Linear Foot $ 3.27 5' Per Linear Foot $ po ,- Galvanized Gates—Single 3.28 Swing including Posts with 6' Per Linear Foot $ /76••----- Braces 3.29 8' Per Linear Foot $ /7‘.---- 3.30 10' Per Linear Foot $ . . ," • 3.31 4' Per linear Foot $ 3.32 5' Per Linear Foot $ /g�� Galvanized Gates — Single Roll 3.33 including Posts, Braces & 6' Per Linear Foot $ % - Wheels 3.34 8' Per Linear Foot $ fdi,, 3.35 10' Per Linear Foot $ 7/4 BI NO. 23-003 AREA A BID PROPO ATM Page 2 �REE % , 7c. BID NO. 23-003 y y_f=• v y FENCE INSTALLATION MAINTENANCE AND REPAIR SERVICES K;t. r' /. AREA.A PALM BEACH COUNTY/NORTH BROWARD COUNTY BID PROPOSAL FORM (Page 3 of 5) Provide and Install New Fencing (Galvanized aaad Vinyl Coated) t =1 Description Height Unit of Measure Unit Cost 3.36 4' Per Linear Foot $ ., 3'37 Vinyl Coated Fencing 5' Per Linear Foot $ n ir;% with Vinyl Coated Top Rail 3.38 (Color: Black or Green as 6' Per Linear Foot $ ice/, i 3.39 requested by agency) 8' Per Linear Foot $ 3 40 10' Per Linear Foot $ , 3.41 4' j Each $ 7 3.42 Vinyl Coated Posts 5' Each $ 324: , 3.43 Corner Post with Braces (Color: Black or Green as 6' Each $ 0, 3.i..4 requested by agency) 8' ! Each $ 3.45 10' Each $ 9W- 3.46 9W-3.46 4' Each $ ;66, 3.47 Vinyl Coated Posts 5' j Each $w Terminal Posts with Braces ,` 3.48 $ 176D, (Color: Mack or Green as 6' Each 3.49 requested by agency) 8' Each $ d 3.50 10' Each $ %0 r 3.51 4' Per Linear Foot 1 $ 3.52 i Vinyl Coated Gates – Single 5' Per Linear Foot I $ . ✓ —' r. Swing including Posts with /W, 3.53 Braces 6' Per Linear Foot $ d (Color: Black or Green as ,33.54 { requested by agency) 8' Per Linear Foot $ 1,7"c"-- 3.55 .55 � 10' � Per Linear Foot $ -76-6, tqi ,,,llka4tel/ BID NO. 23-003 AREA A BID PROr6SAL FORM Page 3 t�nE -/k- ,;..k k r~, ." , ,..cps BID NO 23-003 'u L_ 4:fiir„il FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES AREA A PALM BEACH COUNTY/NORTH BROWARD COUNTY BID PROPOSAL FORM (Page 4 of 5) Provide and Install New Fencing (Galvanized and Vinyl Coated) Item Description Height Unit of Measure Unit Cost 3.56 4' Per Linear Foot $/9. 3,57 Vinyl Coated Gates - Single 5' Per Linear Foot $ Roll including Posts, Braces & //' . • 3.58 Wheels 6' Per Linear Foot $ (Color: Black or Green as 3.59 requested by agency) 8' Per Linear Foot $ z /' - 3.60 10' Per Linear Foot I $ ,���0 Removal and Disposal of Existing Fence • • Item Description Unit of Measure Unit Cost . ( 4.1 Fence Height: 4' Per Linear Foot $,, - • 4.2 Fence Height: 5' Per Linear Foot $to - 4.3 Fence Height: 6' ( Per Linear Foot $ /5-'- 4.4 /- 4.4 ; Fence Height: 8' Per Linear Foot $ , 4.5 Fence Height: 10' Per Linear Foot $ , Repairs to Existing Fence Item :Description Unit of Measure Unit Cost Labor per man hour for the repair of 5.1 existing fences Per Man Hour $ fJ� Contractor's percent markup for materials required to repair existing fences. 5.2 (Materials to be billed at net cost plus the percentage markup. Markup on sales tax is not permitted. A copy of Cannot exceed 10% the itemized materials invoice from ti-.e supplier must be included with all invoicipg.) B• / ,-;7, ID NO.23-003 AREA A BID PROP SAL FORM Page 4 • • BID NO. 23-003 wf FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES AREAA PALM BEACH COUNTY/NORTH BROWARD COUNTY BID PROPOSAL FORM (Page 5of5) Specialty Fencing Installation, and Material (PVC, Vi/ood, Wrought Iron and Aluminum) Item Description Unit of Measure Unit Cost 6.1 Labor per man hour for the installation of Per Man Hour $ specialty fences materials GD , Contractor's percent markup for specialty fencing materials. 0/0 6.2 (Materials to be billed at net cost plus the percentage markup. Markup on sales tax is not permitted. A copy of Cannot exceed 10% the itemized materials invoice from the supplier must be included with all invoicing.) Contractor's percent markup for approved subcontracted services. 0/0 /f _L 6.3 (To be billed at net cost plus a percentage markup. Markup on sales tax is not permitted. A copy of the Cannot exceed 10% itemized subcontracted services invoice from the subcontractor must be included with all invoicing.) Contractor's percent markup for approved used of rental equipment. 0/0 6.4 (To be billed at net cost plus a percentage markup. Markup on sales tax is not permitted. A copy of the Cannot exceed 10% itemized subcontracted services invoice from the subcontractor must be included with all invoicing.) BID • /or/ 23-003 NO. AREA A BID P OSAL FORM Page 5 .' 4ilEENN BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES \.:.: : AREA B CENTRAL BROWARD COUNTY edil/ 106 - BID PROPOSAL FORM ^,,/ae(,ii-icf ,Q (Page 1 of 5) //U #,V 11‘ pProvide and Install New Fencing (Board on Boardf'i" IItem I Description Height I Unit of Measure 1 Unit Cost 1.1 I Board on Board Fencing 6' Per Linear Foot I $ I Provide and install New Fencing (Split Railing) Iitem Description Height Unit of Measure Unit Cost 2.1 I Split Railing Fencing 1 4' I Per Linear Foot I $ Provide and install New Fencing (Ga_vanized and Vinyl Coated) Item Description Height Unit of Measure Unit Cost 3.1 4' Per Linear Foot $ I 3 2 I 5' Fel Linear Foot $ 3 3 Galvanized Fencing 6' Per Linear Foot $ Chain Link Fabric with Top Rail I3.4 8' Per Linear Foot $ I3.5 ' 10' Per Linear Foot $ I3.6 I 4' Per Linear Foot $ I3.7 5' Per Linear Foot $ Galvanized Fencing � I3.8 Chain Link Fabric with Tension I 6' Per Linear Foot $ Wire without Top Rail 3.9 8' Per Linear Foot $ 3.10 10' i Per Linear Foot $ 3.11 I I 4' Each $ 3.12 I 5' Each $ 3.13 Galvanized Posts I 6' Each $ Corner Posts with Braces 3.14 8'8' Each $ 13.1 i, . ✓ / , - A 10' Each 1 $ often/fiffi* 0•, /9470,e(,.� BID NO. 23-003 AREA B BID PROPOSAL FORM / Page 1 `GEEN Citi BID NO. 23-003 FENCE INSTALLATION,��°s � MAINTENANCE AND REPAIR SERVICES ----- \t:-..-5,-: AREA C SOUTH BROWARD COUNTYIMIAI l DA.®E COUNTY --011//e-, 7-'a BID PROPOSAL FORM �J/� �� (Page 1 of 6) -- • - . e70 Pr vide and'. Install New Fencing (Board on Board) Item I Description Height I Unit of Measure Unit Cost • 1.1 I Board on Board Fencing 6' Per Linear Foot $ • Provide and Install New Fencing (Split Railing) Item I Description 1 Height ; Unit of Measure Unit Cost 2.1 I Spilt Railing Fencing I 4' Per Linear Foot ( $ Provide and Install New Fencing (Galvanized and Vinyl Coated) Item Description Height Unit of Measure ( Unit Cost 3.1 4' Per Linear Foot $ 3.2v Per Linear Foot $ P 3 3 Galvanized Fencing Chain Link Fabric with Top Rail 6' Per Linear Foot $ I3.4 8' Per Linear Foot $ 3.5 I 10' Per Linear Foot $ 3.6 4' Per Linear Foot $ 3.7 5' Per Linear Foot $ Galvanized Fencing 3.8 Chain Link Fabric with Tension 6' Per Linear Foot $ Wire without Top Rail 3.9 ( 8' Per Linear Foot $ 3.10 I 10' Per Linear Foot $ 3.11 4' Each $ i 3.12 5' Each $ 3.13 I Galvanized Posts 6 Each $ i Corner Posts with Braces 3.14 I I 8' ( Each $ 1 ( 3.111 /' .1° ' Each $ BID NO. 23-003 AREA C BID PROPOSAL FORM Page 1 EGREEN 4N. 5800 �� � DepaMelalertmeuca Lnt ofane Purchasing Chuck Shaw Greenacres, FL 33463 Mayor 1;_::1 . (561)642-2030 Andrea McCue '°p l�CM COUMa;La °°i""`° City Manager NOTICE OF AGREEMENT RENEWAL January `l, 2025 Robert Greene Martin Fence Co. 862 13th Street Lake Park, FL 33403 Subject: Bid No. 23-003 Fence Installation, Maintenance and Repair Services Attn: Robert Greene As specified in the agreement documents, there is an option to renew the existing agreement for another one-year period if it is mutually agreeable to all parties. Please advise by signature below if a one-year extension will be acceptable. This will be the second of three possible renewals of the agreement. The new agreement term will be through J.nua;y 8, 2026. Please complete and return this form to the Purchasing Department by Tuesday, January 14, 2024 at 4:00 p.m. Your response may be emailed to ourchasinoecreenacresfl.0ov with the original mailed to the above address If you have any questions, please contact me at (561) 642-2030. Sincerely, CIL/Lill M nica Poq ery, CPPB Di ector of'Purchasing V I hereby agree to a one-year extension of the subject agreement. I am unable to extend the agreement for an additional one-year period. % • / / �/` ��'74//Ili • Signature% - i Date 0frASTFLQ , SOUTHEAST FLORIDA GOVERNMENTAL 2 PURCHASING COOPERATIVE GROUP ~`mop i?jaNI a TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative Group. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative Group was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locations are listed in the attached document. Southeast Florida Governmental Purchasing Cooperative Group Procurement Operational Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "lead agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the lead agency. • Each participating governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract and issue its own tax exemption certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s)shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative Group are strictly prohibited from utilizing any contract or purchase order resulting from this bid award. However,other Southeast Florida Governmental Purchasing Cooperative Group members may participate in this contract for new usage, during the contract term, or in any contract extension term, if approved by the lead agency. New Southeast Florida Governmental Purchasing Cooperative Group members may participate in any contract on acceptance and approval by the lead agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 3 CREf/y� BID NO. 23-003 4�,. FENCE INSTALLATION, MAINTENANCE ji^ AND REPAIR SERVICES ,v,t'°+4 ADDENDUM NO. 1 November 29, 2022 This addendum shall modify and become a part of the bid document. Specifications not specifically mentioned in this Addendum are not altered by any changes, amendments, deletions or additions. Reply to Requests for Information: 1. Regarding special condition 2-15 Cooperative Bid on the above referenced solicitation. Should the bidders line item pricing be considerate of the various locations encompassed by the "cooperative" as opposed to delivery to various sites in City of Greenacres only? Should the answer be in the affirmative, would respectfully request that Greenacres purchasing recognize that this requisition entails installation of a product, rather than merely packing and shipping a product, and that the location and geography of the work site factors greatly in the pricing of the proposed commodity. See attached updated Bid Proposal Forms separated by area and area information below. Area A Palm Beach County/North Broward County: From Commercial Blvd. north, including Palm Beach County and all areas east and west within both county lines. Area B Central Broward County: Between Commercial Blvd. and Griffin Rd., including all areas east and west within the Broward County line. Area C South Broward County/Miami-Dade County: From Griffin Rd. south, including Miami-Dade County and all areas east and west within both county lines. The proposal submission deadline is Tuesday, December 13, 2022 at 3:00 PM. Any proposal response received after the designated closing time will be returned unopened. Any questions concerning this Addendum should be addressed to Monica Powery, Director of Purchasing at (561) 642-2030. All Proposers shall acknowledge receipt of this addendum by annotating the proposal signature ge with the addendum number. completing the section below and returning with the proposal response to verify receipt. Company Name: Address: City, State, and Zip Code: Authorized Signature: Name and Title: Telephone: Date: BID 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 2 CITY OF GREENACRES PALM BEACH COUNTY, FLORIDA .., GRE EA/ q •- ' 11111 14% . V O�OCH CO ZO `,� PLACE INVITATION TO BID FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES BID NO. 23-003 DEPARTMENT OF PURCHASING CITY OF GREENACRES• 5800 MELALEUCA LANE• GREENACRES•FLORIDA•33463 REED CITY OF GREENACRES, FLORIDA N ADVERTISEMENT FOR BIDS FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES BID NO. 23-003 The City of Greenacres, Florida acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) is soliciting bid proposals from experienced and qualified companies to perform fencing installation and replacement, as well as provide maintenance and repair services of existing fencing. Bid proposals must be submitted online through DemandStar on or before Tuesday, December 13, 2022 at 3:00 PM. Bidders desiring copies of the bid document for use in preparing a proposal may obtain a set of such documents from Demandstar at www.demandstar.com. The City reserves the right to accept or reject any and all bid proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the agreement to that bidder whose bid proposal best complies with the specifications. Bidders may withdraw their bid proposals by notifying the City in writing at any time prior to the deadline for bid proposal submittal. After the deadline, the bid proposal will constitute an irrevocable offer, for a period of sixty (60) days. Once opened, bid proposals become a record of the City and will not be returned to the bidders. Monica Powery, CPPB Director of Purchasing Dated: November 13, 2022 Published: Palm Beach Post BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 2 °E GRE At - � :~; fir' u/lO �, CITY OF GREENACRES FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES BID NO. 23-003 GQ'ACI t0 TABLE OF CONTENTS Subject Page Number Cover 1 Advertisement 2 Southeast Florida Governmental Purchasing Cooperative Group 3 Table of Contents 4 SECTION I — GENERAL TERMS AND CONDITIONS General Terms and Conditions 5 SECTION II — SPECIAL TERMS AND CONDITIONS Special Terms and Conditions 11 SECTION III —SCOPE OF WORK 3-1. Scope of Work 14 3-2. Fencing Specifications 18 SUBMITTAL FORMS/ATTACHMENTS Bid Proposal Form 23 Bidder Certification 28 Bidder Qualifications 29 Professional References 30 Drug-Free Certification 31 List of Proposed Subcontractors 32 Scrutinized Companies 33 E-Verify Acknowledgement 34 Non-Collusive Affidavit 35 Notice of Bid / Statement of Non-Response 37 Sample Agreement Attachment A BID NO.23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 4 GRE N IililtN CITY OF GREENACRES - ' . SECTION I — GENERAL TERMS AND CONDITIONS ovoe 1. GENERAL INFORMATION: an attachment as an addendum to the Bid Proposal Form(s)if These documents constitute the complete set of specification sufficient space is not available on the original form for the requirements and bid forms. Bid proposal is to be filled in, bidder to enter a complete response. Any modifications or signed, and submitted to the Purchasing Department through alterations to the original bid documents by the bidder,whether DemandStar on or before the specified date and time. intentional or otherwise,wall constitute grounds for rejection of a bid proosal. Any such It is sole responsibility of the bidder to ensure that his/her bid wishes to propose must bedclearly stated in the bidder's bid proposal is submitted successfully on or before the closing date proposal and presented and time. The City shall in no way be responsible for delays original bid documents. in the form of an addendum to the caused by any other occurrence. Offers by telephone, email, telegram or facsimile will not be accepted. 6. DEVELOPMENT COSTS: the City nor its representatives shall be for any All bid proposals must be typewritten or written in ink,and must expensesn incurred in connection with preparation of ale response be signed by an officer or employee having authority to bind the to this Invitation to Bid. Bidders should prepare their bid company or firm. proposals simply and economically,providing a straightforward and Bidders shall not be allowed to modify their bid proposals after aqui emefnts se of the bid. of the bidder's ability to meet the the opening date and time. Bid proposal files may be examined during normal working hours,after bid opening,by appointment 7. DELAYS: only. The City may delay scheduled due dates if it is to the advantage of the City to do so. The City will notify bidders of changes in For information concerning this bid,please contact: scheduled due dates by written addendum(s). City of Greenacres Purchasing Department 8. LICENSES AND PERMITS: ourchasincaoreenacresfl.gov When applicable, it shall be the responsibility of the successful (561)642-2030 bidder to obtain at no additional cost to the City, any and all 2. INQUIRIES: licenses and permit required to complete contractual service. A copy of these licenses shall be submitted with bid proposal. A Interested bidders may contact the City's Director of copy of these permits shall be submitted prior to Purchasing, Monica Powery, CPPB, with questions about the commencement of work. Fees for permits from the City shall be bid by e-mail at ourchasinq@oreenacresfl. ov.The Purchasing waived for work related tc this bid, however, the successful Department is located in the Greenacres City Hall at 5800 bidder must pay any applicable City Business Tax Receipt fees. Melaleuca Lane, Greenacres, Florida 33463. All bidders are expected to carefully examine the bid documents. Any 9. CERTIFICATIONS: ambiguities or inconsistencies should be brought to the When applicable, bidder must hold Certificate of Competency attention of the City Director or Purchasing through written issued by the State of Florida or the Palm Beach County communication.The Director of Purchasing will receive written Construction Industry Licensing Board and a current Business requests for clarification concerning the meaning or Tax Receipt for Palm Beach County. Copy of certificate and interpretations of this bid, until ten (10) days prior to the license must be submitted with bid proposal and must be in the submittal date. City personnel are authorized only to direct the name of the bidder shown on the Bid Proposal page. attention of prospective bidders to various portions of the bid so that they may read and interpret such for themselves. No 10. CONTRACT EXTENSION: employee of the City is authorized to interpret any portion of this The City reserves the right to require the Contractor to extend bid or give information as to the requirements of the bid in contract past the stated termination date for a period of up to addition to what is contained in the written bid document. 120 days in the event that a subsequent contract has not yet 3. BID TABULATION: been awarded. Additional extensions past the 120 days may occur as needed by the Bidders may download the bid tabulation directly from the City and the co tractoCity and as mutually agreed upon by r. Demandstar at www.demandstar.com The City does not notify unsuccessful bidders of agreement awards. 11. AWARDS: 4. POSTING OF BID TABULATIONS: As the best interest of the City Council may require,the right is reserved to make award(s)by individual commodities/services, Bid tabulations with recommended awards will be posted for all or none or any combination thereof. A bidder desiring to bid review by interested parties on Demandstar at "No Charge"must so indicate,otherwise the bid proposal will be www.demandstar.com prior to submission through the construed as incomplete and may be rejected. appropriate approval process and will remain posted for a period of five (5) calendar days. Failure to file a protest to the 12. CONTRACTUAL AGREEMENT: Purchasing Agent within the time prescribed shall constitute a The form of the agreement will be determined by the City. If a waiver of proceedings. sample agreement is included in the bid,the City anticipates that 5. BID FORMS: the final agreement will be in substantial conformance with this sample agreement; nevertheless,bidders are advised that any Bidders must use the original Bid Proposal Form(s)provided by agreement that may result from the bid may deviate from the the Purchasing Department and enter information only in the sample agreement. spaces where a response is requested. Bid proposals on vendor quotation forms will not be accepted. Bidders may use It is expressly agreed that the bidder is and shall be in the performance of all work, services, and activities under the BID NO. 23-003 FENCE IN •STALLATION, MAINTENANCE AND REPAIR SERVICES Page 5 agreement independent and not an employee,agent,or servant responsible for making any and all claims against carriers for of the City. All persons engaged in any work,service or activity performed pursuant to the purchase order shall at all times and missing or damaged items. in all places be subject to bidder's sole direction, supervision 15. NEWS RELEASES: and control. Bidder shall exercise control over the means and The bidder shall obtain the prior approval of the City Manager's manner in which it and its employees perform and work. In all respects bidders relationship and the relationship of its Office for any and all news releases and/or other publicity pertaining to this bid or the service, study or project to which it employees to the City shall be independent and not as employees or agents of the City. relates. 16.This Invitation to Bid shall be Included and incorporated in the The City reseryes sNS OtheD DELETION t addOF to the SERVICES: specified in final award. The order of contractual precedence will be the this bid,or to delete any portion of the scope of services at any agreement or price agreement document,original bid terms and time. conditions, purchase order, and bidder proposal. Any and all legal action necessary to enforce the award will be held in Palm Beach County and the contractual obligations will be interpreted 17. QUANTITIES: The quantity requirements,if established herein,are estimated. according to the laws of Florida. Any cost of expenses to The City reserves the right to increase or decrease the total enforce the agreement, including attorney's fees, incurred by quantities of any item or service to meet actual needs. There the City of Greenacres shall be borne by the bidder. Any shall be nouanti additional contract or agreement requested for consideration by q ty pricing restrictions. bidder must be attached and enclosed as part of the bid 18. ACCEPTANCE/REJECTION: proposal. The City reserves the right to accept or to reject any or all bids 13. SUBCONTRACTING: and make the award to that bidder, who in the opinion of the If a bidder subcontracts anyprovided will be in the best interest of and/or the most advantageous portion of services under to the City. The City also reserves the right to reject the bid a resulting agreement for any reason, bidder must include, in writing,the name and address of the subcontractor and extent proposal f anyf n bidderwhohas previously failedeain me proper of work to be performed. This information shall be submitted performance of an award or to deliveraposition on time perform agreements of a with bid proposal response and approvedsimilar nature or who is not in a to perform properly by the City. The City under this award. The City reserves the right to waive any reserves the right to reject a bid proposal, of any bidder, if the irregularities and technicalities and may, at its discretion, bid proposal names a subcontractor who has failed in the proper request a re-bid. performance of an agreement or is not in position to perform properly under this award. Subcontractors shall be responsible 19. ALTERNATIVES/APPROVED EQUALJDEVIATIONS: for meeting and submitting the insurance and licensing Unless otherwise specified, the mention of the particular requirements set forth in the bid documents to the bidder,or the manufacturer's brand name or number in the specifications bidder shall extend their insurance policy to cover the does not imply that this particular product is the only one that subcontractor and their employees. It shall be the responsibility will be considered for purchase. This reference is intended of the bidder to ensure that insurance and licenses required by solely to designate the type or quality of merchandise that will this agreement are in effect. be acceptable. Alternate offers will be considered and must 14. PRICE/DELIVERY: include descriptive literature and/or specifications. Failure to provide descriptive literature and/or specifications with alternate The City requires a firm price for the agreement period. Any offers may be cause for disqualification of the bid. The City shall fees Incurred will be checked to confirm compliance with quoted make the determination as to whether any alternate product or pricing. Failure to hold prices firm through the entire agreement service is or is not equal,and such determination shall be final term will be grounds for agreement termination. and binding upon all bidders. All prices shall be F.O.B. destination, freight prepaid (bidder) The bidder shall be responsible for reading carefully, and pays and bears freight charges, bidder owns goods in transit understanding completely,the requirements and specifications and files any claims). Pricing shall include all transportation of the items bid upon. Any deviation from specifications listed charges, labor, and equipment used for delivery to destination herein must be clearly indicated,otherwise it will be considered and any charges necessary for the exchange of any item that that items offered are in strict compliance with these fails to meet specifications. specifications, and the successful bidder will be held responsible.Therefore deviations must be explained in detail on Price quoted must be the price for new merchandise and free an attached sheet(s)and itemized by number. Any item(s)that from defects. Any bid proposals containing modifying or do not meet the City's specifications upon delivery will not be "escalator" clauses will not be considered unless specifically accepted and if the item cannot be brought up to specifications requested in the bid specifications. in a reasonable time (reasonable time as determined by the City), the bidder will be required to compensate the City for "Acceptance"as herein used means the acceptance by City of difference in price incurred from going to the next low bidder. Greenacres, herein referred to as City, after the Purchasing Agent or his authorized agent has,by inspection or test of such 20. NO BID: items,determined that they fully comply with specifications. Where more than one item is listed,any items not bid upon shall be indicated"NO BID." If no items are bid on,the"Statement of Deliveries of all items shall be made as soon as possible. In the Non-Response° should be returned, with the envelope plainly appropriate blank on the bid proposal form, the vendor must marked"NO BID"and with the bid number. Failure to do so will indicate the best delivery date after receipt of order (ARO). be an indication that the bidder does not wish to be considered Deliveries resulting from this bid are to be made during the for future bids/RFPs. normal working hours of the City. Time is of the essence and the bidder's delivery date must be specified and adhered to. 21. OMISSION OF DETAILS: Should the bidder,to whom the order or agreement is awarded, Omission of any essential details from these specifications will fail to deliver on or before his/her stated date,the City reserves not relieve the bidder of supplying such product(s)as specified. the right to CANCEL the order or agreement and make the purchase elsewhere. The successful bidder(s) shall be BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 6 • 22. MISTAKES: 29. CA In the event of extension error(s)the unit price will prevail and Orders wNCbe sub ecctt to immediate cancellation if either product the bidder's total offer will be corrected accordingly. In the event or service does not comply with specifications,as stated herein, of addition errors, the extended totals will prevail and the or fails to meet the City's performance standards. bidder's total will be corrected accordingly. If there is a difference between the written price and the numerical price,the 30. COMPLIANCE WITH OCCUPATIONAL SAFETY AND written price shall prevail. Bidders must check their bid proposal HEALTH: where applicable. Failure to do so will be at the bidder's risk. Bidder certifies that all material, equipment, etc., contained in Bid proposals having erasures or corrections must be initialed his/her bid proposal meets all O.S.H.A. requirements. Bidder by the bidder. further certifies that,if he/she is the successful bidder,and the 23. AVAILABILITY OF FUNDS: material,equipment,etc.,delivered is subsequently found to be deficient in any O.S.H.A requirement in effect on date of The obligations of the City under this award are subject to the delivery, all costs necessary to bring the material, equipment, availability of funds lawfully appropriated for its purpose by the etc., into compliance with the aforementioned requirements Greenacres City Council. shall be borne by the bidder. 24. PAYMENT: 31. MATERIAL SAFETY DATA SHEET: The City will make payment after all commodities/services have In compliance with Chapter 442, Florida Statutes, a Material been received/completed, accepted and properly invoiced as Safety Data Sheet (MSDS) must accompany any toxic indicated in agreement and/or order. Invoices must bear the substance resulting from this bid. The MSDS must include the purchase order number. Payment shall be made within 30 days following information: of such acceptance. (a) The identity used on the chemical product's label. 25. DISCOUNT: (b) The chemical and the common name(s)of all ingredients that have been Bidders may offer a discount for prompt payment. However, (c) Physical and chemical lncharacteed to be rist cslth ofhd.the rhazardous such discounts will not be considered in determining the lowest chemicals(i.e.vapor pressure,flashpoint). net cost for bid evaluation purposes,unless otherwise specifiedd in Special Conditions. Bidders should reflect anydiscounts ( ) The physical hazards of the hazardous chemical,including to the potential for fire,explosion and reactivity. be considered in the bid evaluation in the unit prices bid. (e) The health hazards of the hazardous chemical, including 26. ADDITIONAL SERVICES: signs and symptoms of exposure. The City may require additional services,similar in scope to the (f) The primary route(s)of entry. P (g) The Occupational Safety and Health Administration requirements of this bid, from time to time. Services not (OSHA) specifically identified in this bid maybe added bymutual permissible exposure Hygienists limit,American )Conferencershol of Governmental Industrial (ACGIH)Threshold agreement of the Parties and approval of the City Manager. Limit Value, and any other exposure limit used or recommended. 27. TERMINATION: a Trmination for Cause (h) Whether the hazardous chemical is listed on the National Toxicology Program(NTP)Annual Report on Carcinogens If,through any cause,the bidder shall fail to fulfill in a timely (latest edition) or has been found to be a potential and proper manner, its obligations under the Purchase carcinogen. Order,or if the bidder shall violate any of the provisions of (i) Any general applicable precautions for safe handling and the Purchase Order, the City may upon written notice to use that are known. the bidder, terminate the right of the bidder to proceed (I) Any general applicable control measures that are known. under the Purchase Order,and may hold the bidder liable (k) Emergency and first aid procedures. for any damages caused to the City by reason of such (I) The date of MSDS preparation or last change to it. default and termination. In the event of such termination, (m) The name,address and telephone number of the chemical any completed services performed by the bidder under the manufacturer or importer. agreement shall, at the option of the City, become the City's property and the bidder shall be entitled to receive 32. SAFETY REGULATIONS: equitable compensation for any work completed to the Equipment must meet all State and Federal safety regulations satisfaction of the City. The bidder, however, shall not for grounding of electrical equipment. thereby be relieved of liability to the City for damages sustained by the City by reason of any breach of the 33. CODES AND REGULATIONS: agreement by the bidder, and the City may withhold any The bidder must strictly comply with all Federal,State and local payments to the bidder for the purpose of off set until such building and safety codes. time as the amount of damages due the City from the bidder is determined.The bidder shall not be held liable for 34. FEDERAL AND STATE TAX: damages solely for reasons of delay if the delay is due to The City is exempt from all Federal, State,and Local taxes.An causes beyond its control and without its fault or exemption certificate will be provided where applicable upon negligence, but this shall not prevent the City from request. terminating the agreement because of such delay. b. Termination for Convenience The City is exempt from Federal and State Taxes for tangible personal property. Agent will an The City reserves the right, in its best interest as exemption certificate submitted hbynh a su cessfuls'gn tidder. determined by the City,to cancel any agreement by giving Vendors or contractors doing business with the City shall not be the bidder a thirty(30)day written notice. exempted from paying sales tax to their suppliers for materials 28. PERFORMANCE: to fulfill contractual obligations with The City, nor shall any said vendor or contractor be authorized to use the City's tax The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. exemption number in securing such materials. 35. LEGAL REQUIREMENTS: Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the items covered herein BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 7 apply. Lack of knowledge by the bidder shall in no way be a for injuries or damages, as aforesaid, shall have been steeled cause for relief from responsibility. and suitable evidence to the effect furnished to the City. (a) Bidders doing business with the City are prohibited from discriminating against any employee, applicant or client The bidder acknowledges and agrees that the City would not because of race,creed,color,religion,national origin,sex, enter into an agreement without this indemnification of the City age or non-disqualifying physical or mental disability,with by the awarded bidder, and that the City's entering into an regard to but not limited to the following: employment agreement shall constitute good and sufficient consideration for practices, rates of pay or other compensation methods, this indemnification. These provisions shall survive the and training selection. expiration or earlier termination of the agreement. Nothing in (b) Identical Tie Bids/Proposals shall be awarded in the agreement shall be construed to affect in any way the City's accordance with the preference established in Section rights,privileges,and immunities as set forth in Florida Statutes 287.087, Florida Statutes, to a bidder submitting the 768.28. attached Drug-Free Workplace Certification form properly completed and certified. In the event that tie 38. CONE OF SILENCE: bids/proposals are received either from bidders who have The City complies with the Palm Beach County Lobbyist all submitted a Drug-Free Workplace Certification or none Registration Ordinance. Section 2-355, Cone of Silence,which of whom who have submitted such certification,the award provides for a prohibition on any communication, except for will be made in accordance with City purchasing written correspondence, regarding a particular request for bid, procedures pertaining to tie bids/proposals. request for qualification,bid,or any other competitive solicitation (c) A person or affiliate who has been placed on the convicted between any person or person's representative seeking an vendor list following a conviction for a public entity crime award and any member of the City Council or employee may not submit a bid proposal on an agreement to provide authorized to act on behalf of the City Council to award an any goods or services to a public entity, may not submit a agreement. The cone of silence shall be in effect as of the bid proposal on an agreement with a public entity for the deadline to submit the proposal, bid, or other response to a construction or repair of a public building or public work, competitive solicitation and shall terminate at the time the City may not submit bid proposals on leases of real property to Council or department authorized to act on behalf of the City a public entity, may not be awarded or perform work as a Council, awards or approves a proposal, rejects all proposals, contractor,supplier, subcontractor or consultant under an responses,or otherwise takes action which ends the solicitation • agreement with any public entity, and may not transact process. business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY All communications regarding this competitive solicitation shall TWO (Currently$35,000)for a period of 36 months from be addressed in written form to Purchasing staff only. These the date of being placed on the convicted vendor list. provisions do not apply to oral communications at any public proceeding, selection committee presentation, or negotiation 36. UNIFORM COMMERCIAL CODE: meeting. The Uniform Commercial Code(Florida Statutes, Chapter 672) shall prevail as the basis for contractual obligations between the 39. CONFLICT OF INTEREST: awarded bidder and the City for any terms and conditions not The award is subject to provisions of State Statutes and City specifically stated in the Invitation to Bid. Ordinances. All bidders must disclose with their bid proposal the name of any officer, director or agent who is also an 37. INDEMNIFICATION: employee of the City. Further, all bidders must disclose the Bidder agrees to protect,defend,reimburse,indemnify and hold name of any City employee who owns,directly or indirectly,an the City, its agents, employees and elected officers and hold interest of ten(10)percent or more in the bidder's firm or any of each of them free and harmless at all times from and against its branches. any and all claims,liability,expenses,losses,suits,costs,fines and damages(including attorney fees)and causes of action of 40. NON-COLLUSION: every kind and character against or from the City by reason of Bidder, by submitting a bid proposal, certifies that their bid any damage to property or the environment, or bodily injury proposal is made without previous understanding,agreement or (including death)incurred or sustained by any party hereto, or connection with any person, firm or corporation making a bid any party acquiring any interest hereunder, and any third or proposal for the same material,supplies,equipment or services other party whomsoever, or any governmental agency,arising and is in all respects,fair and without collusion or fraud. out of or incident to or in connection with bidder's performance under this agreement, bidder's acts, omissions or operations No premiums, rebates or gratuities permitted; either with, prior hereunder, or the performance, nonperformance or purported to,or after any delivery of material or provision of services, Any performances of the bidder or any breach of the items of this such violation may result in agreement cancellation, return of agreement; provided, however, the bidder shall not be materials or discontinuation of services and the possible responsible to the City for damages resulting out of bodily injury removal from the vendor bid list(s). Only one (1) bid proposal or to property which bidder can establish as being attributable from any individual,firm,partnership, or corporation, under the to the sole negligence of the City, its respective agents, same or different names,will be considered. Should It appear servants,employees or officers. to the City that any bidder is interested in more than one(1)bid proposal for work contemplated;all bid proposals in which such This indemnification shall include, but not be limited to, sults, a bidder is interested will be rejected. actions or claims brought because of any injuries or damage sustained by any person or property on account of the bidder's 41. CODE OF ETHICS: operations in connection with the agreement;or on account of If any bidder violates or is a party to a violation of the code of or in consequence of any neglect in constructing the work; or ethics of Palm Beach County or the State of Florida with respect because of any act or omission by the bidder;or because of any to this bid,such bidder may be disqualified from performing the claims or amounts recovered for any infringement of patent, work described in this bid or from furnishing the goods or trademark or copyright; or from any claims or amounts arising services for which the bid proposal is submitted and shall be or recovered under the bidder under his agreement; as is further disqualified from submitting a response on any future considered necessary by the City,or in the case no monies are bids/RFPs for work, goods or services for the City of due, his surety shall be held until such suits, actions or claims Greenacres. BID NO.23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 8 42. GOVERNING LAW AND VENUE: Any agreement resulting from this bid shall be governed by the 48. RECORDS/AUDITS: laws of the State of Florida. Any and all legal action necessary i i 9e City of Greenacres is a publicCagency subject to Chapter ry 119, Florida Statutes. The Contractor shall comply with to enforce the agreement will be held in Palm Beach County and Florida's Public Records Law. Specifically,the Contractor shall: the agreement will be interpreted according to the laws of Florida. No remedy herein conferred upon any party is intended (a) Keep and maintain public records required by the City in to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to everyorder to perform the service other remedy (b) Upon request from the City's custodian of public records, given hereunder or now or hereafter existing at provide the public agency with a copy of the requested law or in equity or by statute or otherwise. No single or partial records or allow the records to be inspected or copied exercise by any party or any right,power,or remedy hereunder within a reasonable time at a cost that does not exceed the shall preclude any other or further exercise thereof. cost provided in this chapter or as otherwise provided by 43. EEO STATEMENT: law. The City is committed to assuring equal opportunity in the award (c) Ensure that public records that are exempt or confidential of agreements and,therefore,complies with all laws prohibitingand exemptotdisclosedfrsm public records authorized disclosure lawaremente are not except as by for the discrimination on the basis of race, creed, color, religion, duration of the contract term and following completion of national origin, sex, age and non-disqualifying physical or the contract if the contractor does not transfer the records mental disability. to the City. 44. SEVERABILITY: (d) Upon completion of the contract,transfer,at no cost to the The invalidity, illegality, or unenforceabilityof anyCity,all public records in possession of the Contractor,or provision of keep and maintain public records required by the City to the agreement, or the occurrence of any event rendering any perform the service. If the Contractor transfers all public portion or provision of the agreement void,shall in no way affect records to the City upon completion of the contract, the the validity or enforceability of any other portion or provision of Contractor shall destroy any duplicate public records that the agreement. Any void provision shall be deemed severed from the agreement and the balance of the agreement shall be dare exempt aouiremconfident.l and exempt from public keeps d construed and enforced as if the agreement did not contain the maintainsaure requirements.uponIf the Contractor and particular portion or provision held to be void. The parties public records completion of the contract, the Contractor shall meet all applicable requirements for further agree to reform the agreement to replace any stricken retaining provision with a valid provision that comes as close as possible publicidrto the. i ,u records e quest electronically must be provided to the City,upon request from the City's to the intent of the stricken provision. The provisions of this section shall not prevent the entire agreement from beingvoid custodian of public records in a format that is compatible with the information technology systems of the City. should a provision which is of the essence of the agreement be determined to be void. During the term of the contract,the Contractor shall maintain all 45. INSPECTOR GENERAL OF PALM BEACH COUNTY: books,reports and records in accordance with generally accepted accounting practices and standards for records directly related to The bidder is aware that the Inspector General of Palm Beach this contract.The form of all records and reports shall be subject to County has the authority to investigate and audit matters the approval of the City's Auditor.The Contractor agrees to make relating to the negotiation and performance of any resulting available to the City's Auditor,during normal business hours and agreement and in furtherance thereof may demand and obtain in Broward, Dade or Palm Beach Counties,all books of account, records and testimony from the bidder and its subcontractors and lower tier subcontractors. The bidder understands and reports and records relating to this contract agrees that in addition to all other remedies and consequences 49. PURCHASING PROTESTS: provided by law,the failure of the bidder or its subcontractors or (a) Right to protest. Any actual bidder, proposer, offeror, lower tier subcontractors to fully cooperate with the Inspector vendor or contractor who is aggrieved General when requested may be deemed b the munici all toono r iproposalsne or with be a material breach of this agreement justifying its termination. competitive tive selectionsprocess est such or other. Pmay protest such purchase. (b) Protest deadline. The deadline for filing a protest is not 46. SCRUTINIZED COMPANIES: As provided in Section 287.135, Florida Statutes, as amended anlatd than three (3) days after theng Saturdays,eppi Sundaysl from time to time, by entering into the Contract Documents,the olegal holidays) date the applicable Contractor certifies that it and any authorized subcontractors competitive selection processahas been in the advertiseddby the are not participating in a boycott of Israel. The Cityand City (for protests allegingna deficiency in the Contractor agree that the City will have the right to immediatelycompetitiveeselection process)or after the date that notice terminate the Contract Documents if the Contractor and/or anof the written recommendationr purchasing of awarduhas been by posted Y on the City's website or bulletin board by the authorized subcontractors is found to have been placed on the Purchasing Agent or designee(for protests challenging the Scrutinized Companies that Boycott Israel List or is engaged in award). It shall be the responsibility of a bidder, offeror, a boycott of Israel. vendor or contractor to ascertain the advertisement date 47. PUBLIC RECORDS: and/or bid award information from the Purchasing Upon award recommendation or thirty(30)days after opening, Department. Protestors shall file their protests in writing whichever occurs first,bid proposals become public records anwithCity the no evegnt Agent during 4:000p.m. hoursyof the shall be subject to public disclosure consistent with Chapter businessbut in day event City,ier than the expiration onany normal 119, Florida Statutes. Bidders must invoke the exemptions to line rofof the priortto of describebe disclosure provided by law in the response to the bid,and must deadline for protests. Protests shall specifically theprote identify the data or other materials to be protected, and must the subject matter and facts givingitheh to pry are state the reasons why such exclusion from public disclosure is Protests shallh be deemed effective on date they are necessary. received by the Purchasing Agent. (c) Decision. If the protest is not resolved by mutual agreement,the Purchasing Agent shall issue a decision in writing within a reasonable amount of time. The Purchasing Agent shall have the authority to settle and resolve a protest of an aggrieved bidder,offeror,vendor or • BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 9 • contractor concerning the competitive selection process or upon determination that a bona fide emergency exists, award. If the Purchasing Agent is unable to resolve the protest,the Purchasing Agent in consultation with the City waive Failure allt bid followprotest procedure. procedures and to follow the award. prof Manager shall render a decision. The decision of the City (h) to procedure. Failure to protest Manager shall: procedure set forth herein shall automatically nullify any protest or claim brought by an aggrieved bidder, offeror, (1)State the reasons for the action taken;and vendor or contractor. (2) Inform the protestor of its right to appeal as provided in this section. 50. PUBLIC RECORDS (d) Notice of decision.A copy of the decision of the Purchasing Agent and City Manager shall be mailed or otherwise CUSTODIAN• furnished promptly to the protestor and any other party •. intervening.A refusal to accept a copy furnished by mail or IF THE CONTRACTOR HAS otherwise shall not affect the validity of the decision. (e) Appeal to City Council. A protestor may appeal the QUESTIONS REGARDING THE decision of the City Manager to the City Council by filing a APPLICATION OF CHAPTER 119, written notice of appeal within seven (7) business days after receipt of the notice of decision of the City Manager. FLORIDA STATUTESTO THE , The notice of appeal shall be filed with the City Manager during normal office hours of the City Manager, but in no CONTRACTOR'S DUTY TO event later than 5:00 p.m. on any normal business day of the City prior to the expiration of the deadline for the notice PROVIDE PUBLIC RECORDS of appeal.The notice of appeal shall set forth the grounds RELATING TO THIS CONTRACT, for the appeal. The protest shall be heard by the City Council within a reasonable time of the filing of the notice CONTACT THE CUSTODIAN OF of appeal with the City Manager. (f) Finality of decision. A decision of the Purchasing Agent PUBLIC RECORDS AT: and City Manager regarding a protest which is not timely appealed to the City Manager, or a decision of the City Manager which is not timely appealed to the City Council, CITY CLERK or a decision of the City Council regarding a protest, shall be final and conclusive. A bidder, offeror, vendor or 5800 MELALEUCA LANE contractor who has not timely appealed the decision(s) regarding the protest to the City Council shall not be GREENACRES, FL 33463 deemed to have exhausted his or her administrative remedies. (561) 642-2006 (g) Stay of procurements during protests. In the event of a CITYCLERK@GREENACRESFL. timely protest under this section, the Purchasing Agent shall not proceed further with the competitive selection GOV process or award until all administrative remedies have been exhausted or until the City Manager makes a written determination that the competitive selection process and/or award without delay is necessary to protect substantial interests of the City. The City Council may, BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 10 oFGREfN• q k t CITY OF GREENACRES SECTION II —SPECIAL TERMS AND CONDITIONS 2-1. INTRODUCTION: The City of Greenacres acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) is soliciting bid proposals from experienced and qualified companies to perform fencing installation and replacement, as well as provide maintenance and repair services of existing fencing. Bidders shall become familiar with any and all local conditions that may, in any manner, affect the services required. The bidder shall carefully examine the Invitation to Bid terms and conditions becoming thoroughly familiar with any and all conditions and requirements that may in any manner affect the work to be performed under any resulting agreement. No additional allowance will be made due to lack of knowledge of these conditions. 2-2. BID PROPOSAL SUBMISSION AND WITHDRAWAL: All bid proposals shall be submitted online through DemandStar by 3:00 PM on Tuesday, December 13, 2022. The bidder will be responsible for timely delivery. The City assumes no responsibility for bid proposals received after the advertised opening or by other delivery methods than that specified herein. Any bid proposal received after the established deadline will not be considered and will be returned unopened to the bidder. Bidders may withdraw their bid proposals by notifying the City in writing at any time prior to the deadline for bid proposal submittal. After the deadline, the bid proposal will constitute an irrevocable offer, for a period of sixty(60)days. Once opened, bid proposals become a record of the City and will not be returned to the bidders. Bid proposals must be completed and signed by the authorized representative in the space provided. If the bid proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the bid proposal shall show the name of the state under the laws of which the corporation was incorporated, also the names and business addresses of its president, secretary and treasurer. The bid proposal shall bear the seal of the corporation attested by the secretary. Anyone signing the bid proposal as agent shall file with the bid proposal, legal evidence of his authority to do so. 2-3. BIDDER'S RESPONSIBILITY: Before submitting a Proposal, each Bidder shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Bidder from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Bidder. 2-4. ADDENDUM: The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes, modifications or additional information may be provided by the City. It shall be the responsibility of each bidder, during and prior to bid submittal to visit DemandStar at www.demandstar.com to determine if addendums were issued and to obtain such addendums. Failure to do so could result in an unresponsive proposal. Any oral explanation given before the bid opening will not be binding. BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 11 The City may issue written addendum(s) up to seven (7)calendar days before the date fixed for receiving the proposals. All addendum(s) issued by the City will include a receipt form, which must be signed and included with any proposals that are submitted to the City. In the event multiple addendums are issued, a separate receipt for each addendum must be included with the proposal at the time it is submitted to the City. 2-5. COMPETENCY AND MINIMUM QUALIFICATIONS OF BIDDERS: Bid proposals will only be considered from bidders which are regularly engaged in the business of providing services as described in this bid and who can provide evidence that they have established a satisfactory record of performance in meeting the minimum and technical qualification requirements established in the bid. The City reserves the right to inspect the bidder's facilities, equipment, personnel, and organization at any time, or take any other action necessary to determine bidder's ability to perform. The City reserves the sole right to determine if a bidder can sufficiently and efficiently provide the required services/commodities in a timely and satisfactory manner as will be required by the specifications herein. The bidder shall submit the following information with the bid proposal. This information, along with any other data the City considers pertinent, will be used in determining if the bidder is qualified to provide the work specified. A. County Business Tax Receipt where the business is located (included with the proposal). B. Copy of State of Florida or County Competency license, if applicable, (to be included with proposal). C. Verification of the number of continuous years the bidder has been in business under the same ownership and management. Bid proposals will only be considered from bidders in business for a minimum of three (3) continuous years under the same ownership and management providing the services specified in this bid document. D. A minimum of three (3) references for similar work. Preference will be given to bidders with governmental experience. Provide a list and brief description of similar contracts of similar size, with location, dates of contract service, contact name, phone number, type of services provided, and address of proprietor(s). Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being considered. 2-6. INSURANCE REQUIREMENTS: The awarded bidder(s) shall maintain insurance coverage reflecting at least the minimum amounts and conditions specified herein. In the event the bidder is a governmental entity or a self-insured organization, different insurance requirements may apply. Misrepresentation of any material fact, whether intentional or not, regarding the bidder's insurance coverage, policies or capabilities may be grounds for rejection of the bid proposal and rescission of any ensuing agreement. The bidder shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Comprehensive General Liability Insurance, and Business Automobile Liability Insurance with minimum coverage amounts acceptable to the City. All policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida and having agents upon whom service of process may be made in the State of Florida. Bidder shall specifically protect the City by naming the City of Greenacres as an additional insured under the Policy or certificate. Workers' Compensation Insurance is to apply for all employees in compliance with the Workers' Compensation Law of the State of Florida, the state where work is performed and all applicable federal laws. Comprehensive General Liability Insurance with minimum limits of one million dollars($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 12 Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: ■ Premises and/or Operations. • Independent Contractors. ■ Broad Form Property Damage. • Broad Form Contractual Coverage applicable to this specific agreement. Personal Injury Coverage with Employee and contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business Automobile Liability Insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office and must include: • Owned vehicles. • Hired and non-owned vehicles. • Employers' non-ownership. The bidder shall provide to the City prior to the effective date of the agreement a Certificate of Insurance or a copy of all insurance policies required including any subsection there under. The City reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that the City shall be given thirty (30) days notice prior to expiration or cancellation of the policy. Bidder hereby acknowledges and agrees that any and all risk of loss regarding the services identified hereunder shall be solely borne by bidder. 2-7. AGREEMENT AWARD & TERM: The bidder understands that this bid does not constitute an offer or an agreement with the bidder. The City anticipates entering into an agreement with the bidder who will be the lowest responsive and responsible bidder(s) whose qualifications indicate the award will be to the best interest of the City and who's bid proposal(s) complies(y) with the requirements of the bid documents as determined by the City and is in the best interest of the City. Any agreement issue as a result of this bid will be for an initial term of one1 ( )year with options for three (3) additional one-year renewals with the mutual agreement of both parties. This could result in a four (4) year agreement. Any renewal will be subject to the appropriation of funds by the City Council. The City of Greenacres reserves the right to award on an "All-or-None" basis to one bidder or to award to two or more bidders, whenever it is in the best interest or most advantageous to the City of Greenacres. 2-8. CITY CONTRACT COORDINATOR: The City Contract Coordinator for this project will be Dario Rubi, Project Coordinator, and the telephone number is (561) 642-2071. After an agreement has been executed, all communications and correspondence shall be directed to the City Contract Coordinator, with email copies of the correspondence to Monica Powery, Director of Purchasing, 5800 Melaleuca Lane, Greenacres, FL 33463, ourchasinola.Qreenacresfl.aov. 2-9. VENDOR SERVICE REPRESENTATIVE: The bidder must submit with their bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. 2-1G. METHOD OF ORDERING: Vendor shall not proceed on a job prior to the receipt of the Notice to Proceed and the Purchase Order issued by the City of Greenacres Purchasing Department. Invoices must be submitted against each individual Purchase Order referencing the Purchase Order number. BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 13 2- '1. SPECIFICATIONS: A purchase order will be issued to the successful bidder with the understanding that all items delivered must meet the specifications and quality set forth herein. Items delivered not as specified and of highest quality will be returned at the bidder's expense. No "seconds" or "defective" items shall be accepted. 2-12. DEBRIS: Contractor shall be responsible for prompt removal of all debris that is a result of this contractual service. The contractor shall be responsible to ensure frequent pick-up of all refuse, scrap materials, and debris that result from contractor operations so that the work site presents a neat and orderly appearance at all times. All debris shall be transported from the premises. No debris shall be deposited as fill on the work site. At completion of the work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave the site in a ready to use condition. 2-13. PROTECTION OF PROPERTY: The successful Contractor shall, at all times, guard against damage or loss to the property of the City of Greenacres or of other parties and shall be held responsible for replacing or repairing any such loss or damage. The City of Greenacres may withhold payment or make such deductions necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful Contractor and/or agents. 2-14. WARRANTY: In addition to all other warranties that may be supplied by the Bidder, the awarded Bidder shall warranty the materials according the stated manufacturer warranty length and warranty the installation for a minimum of two (2) years from the date of acceptance. This warranty requirement shall remain in force for the full period, regardless of whether the awarded Bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the awarded Bidder does not constitute a waiver of these warranty provisions. 2-15. COOPERATIVE BID: Supplier(s) will be required to make deliveries to locations as specified by the ordering agencies. Any reference in the bid documents to a single entity shall apply to all participating entities. The terms and conditions of the individual contracts and/or purchase orders including, but not limited to provisions regarding invoicing, individual delivery points, delivery instructions, and insurance requirements shall be established individually by each participating governmental entity prior to award. MUNICIPALITIES AND OTHER GOVERNMENTAL ENTITIES WHICH ARE NOT MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ARE STRICTLY PROHIBITED FROM UTILIZING ANY CONTRACT OR PURCHASE ORDER RESULTING FROM THIS BID. HOWEVER, OTHER CO-OP MEMBERS MAY PARTICIPATE IN THIS CONTRACT DURING THE RENEWAL PERIOD PROVIDED IT IS ACCEPTABLE TO THE VENDOR(S). 2-16. PARTICIPATING AGENCIES: This contract is open for use to ALL Southeast Florida Governmental Purchasing Cooperative Group Agencies upon award. This is the current listing and may be updated from time to time: Aventura, City of County Boca Raton, City of Coconut Creek, City of Boynton Beach, City of Cooper City, City of Broward College Coral Gables, City of Broward County Housing Authority Coral Springs Improvement District Broward County Purchasing Coral Springs, City of Broward Metro Planning Organization (MPO) Dania Beach, City of Broward County Port Everglades Davie, Town of Children's Services Council of Palm Beach Deerfield Beach, City of BID NO.23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 14 Delray Beach, City of Fort Lauderdale, City of spa Locka, City of Palm Beach Sheriffs Office Greenacres, City of Parkland, City of Hallandale Beach, City of Pembroke Park, Town of Hillsboro Beach, Town of Pembroke Pines, City of Hollywood, City of Plantation, City of Lake Worth Beach, City of Pompano Beach, City of Lauderhiil, City of Riviera Beach, City of Lauderdale Lakes, City of South Florida Regional Transportation Authority Lauderdale-by-Sea, City of (SFRTA)/Tri-Rail Margate, City of Solid Waste Authority of Palm Beach County Miami, City of South Florida Water Management District • Miami Beach, City of (SFWMD) Miami Gardens, City of Southwest Ranches, Town of Miami Springs, City of Sunny Isles Beach, City of Miramar, City of Sunrise, City of North Lauderdale, City of Tamarac, City of North Miami, City of Wellington, Village of North Miami Beach, City of Wilton Manors, City of Oakland Park, City of BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 15 C3REF` 4 -\ CITY OF GREENACRES SECTION III —SCOPE OF WORK 3-1. SCOPE OF WORK: The City of Greenacres acting as lead agency for the Southeast Florida Governmental Purchasing Cooperative Group (Co-Op) is soliciting bid proposals from experienced and qualified companies to perform fencing installation and replacement, as well as provide maintenance and repair services of existing fencing. The successful bidder shall furnish, at their expense, all labor, supervisors, equipment, machinery, tools, materials, transportation and including the costs of insurance, permitting, taxes, warranties, general conditions, overhead and miscellaneous costs necessary to fully complete all work specified herein and in accordance with the specifications provided in the bid. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition. Safeguard of ail equipment, tools, materials, etc., at the work site is the contractor's responsibility. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. All work shall be done in conformance with applicable Federal, State and Local codes including EPA and OSHA, established industry standards and Manufacturer's specifications, to include if required all engineered drawing. Contractor shall correct any and all damages caused by their operations to the City's satisfaction at no additional cost to the City. The contractor shall have an English-speaking supervisor/representative on the worksite at all times,who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. Contractor must be familiar with the City of Greenacres and Broward, Miami-Dade and Palm Beach County Building Codes, and those who are qualified to construct, install, maintain, alter, extend or repair fencing, including wood, pre-cast concrete, and gates, in compliance with safety, zoning and building codes. Electrical installation may be included in the contract for work, but must be subcontracted to a Certified Electrical Contractor. The Contractor shall be able to be properly licensed in the City of Greenacres, Palm Beach County, and State of Florida. Contractor shall provide proof of insurance to conduct its business, and must possess all required licenses, permits, and certificates. Each job must comply with all City, County and State ordinances, rules and regulations, including building permits requirement. EMERGENCY SUPPORT: It is hereby made a part of this Invitation to Bid that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City shall be provided goods and services on a first priority basis. it is vital and imperative that the majority of citizens are protected from any emergency situation which threatens public health and safety, as determined by the City. BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 16 Contractor agrees to provide all goods and services required by the City on a first priority basis. Contractor shall furnish a twenty-four (24) hour phone number in the event of such an emergency. In the event of a disaster, work will be given to the Contractor(s) first available to respond. Funds for services under the resulting contract may be derived from federal grants and therefore the successful bidder(s) must comply with federal guidelines (see Federal Required Contract Provisions, attached as Exhibit C). The federal funds appropriated by the Federal Emergency Management Agency be administered through the State of Florida. 9 Y (FE MA) will PERMITS: It shall be the responsibility of the Contractor(s) to comply with City and County Ordinances by securing the necessary permits. CONTRACTOR RESPONSIBILITIES: The following shall be the responsibilities of the awarded contractor: • The awarded contractor shall be responsible for the protection of property, in the areas in the vicinity of the project; and for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other acts of God) or vandalism. • The awarded contractor shall call 811 Sunshine One Call for locates prior to starting the project (when applicable). 4 The awarded contractor shall completely secure the work areas prior to beginning project work to ensure the safety of the general public. • The awarded contractor shall furnish, at their expense, all labor, equipment, machinery, tools, materials, transportation, and services necessary to fully complete all work specified herein. n The awarded contractor shall correct any and all damage caused by their operations to the City's satisfaction at no additional cost to the City. • The awarded contractor shall leave the work site in a neat and orderly fashion the end of each workday. All debris (rubbish, scrap, etc.), shall be removed from the premies, and shall NOT be deposited in a City dumpster. ▪ The awarded Contractor shall have an English speaking supervisor/representative ve on the \vorksite at all times, who shall be thoroughly knowledgeable of all work and specifications with the authority to act on the contractor's behalf. • Deliver materials to the site(s) in manufacturer's original sealed containers with proper labels attached. Store materials in accordance with manufacturer's instructions: Protect from extremes of weather, temperature, moister, and other damage. ■ All damage to grass, trees, or shrubs which occurs as a result of the contractor's application of materials shall be remedied by the contractor at no additional cost to the City. Repairs made as a result of damage must be guaranteed for a period of 90 days. Should the replacement grass or shrub die in the 90 day period the contractor shall replace the materials continually until the area is re-established. The City will only continue standard and customary practices for maintenance of the areas during re-establishment period, The City's personnel shall not be tasked with extraordinary watering or maintenance. In the event that trees or shrubs are to be replaced, an underground utilities locate ticket shall be called in,free of charge, by dialing 8-1-1.The contractor must wait the adequate amount of time required prior to commencing work. BID NO.23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 17 PERFORMANCE WARRANTY: Work performed under the contract shall meet all applicable requirements of the City's standard. The vendor shall guarantee all work included in the contract against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within the period of one year after completion of work. The warranty period shall commence upon date of acceptance by the City of Greenacres. MATERIAL WARRANTY: Parts furnished under the contract shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned or discontinued models or materials are not acceptable. The warranty period for the contractors provided materials shall be for a period of one year after completion of the installation or within the manufacturers' warranty, whichever is the later period. The warranty period shall commence upon date of acceptance by the City. Contractor shall provide the authorized City representative with all • manufacturers' warranty documents upon completion of installation and prior to leaving the job site. SAFETY: Contractor shall provide all equipment and tools which shall be the appropriate type for the task to which its use has been assigned and shall be well maintained, calibrated, and in proper working order before use in the performance of the service. Contractor shall, prior to commencing work, thoroughly examine and become familiar with the system(s) and associated facilities to ensure the service can be completed in an orderly, safe manner. Contractor shall maintain a safe work environment at all times. Contractor shall report immediately to City authorized representative the existence of unsafe condition(s), which will compromise the performance of the service. All contractors and subcontractors performing services for the City are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also all contractors and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 3-2. FENCING SPECIFICATIONS: 1. Fencing Materials and Components: a. Framework Material: Schedule 40 steel pipe, standard weight; ASTM A 120. b_ Fabric: CLFM1 Standard Industrial Service; ASTM A 392 Zinc-Coated Steel, 2-inch diamond mesh, 9 gauge interwoven; FS RR-F-191, Type 1. c. Selvage: Top selvage knuckle end closed, bottom selvage knuckle end closed. d. Tension Wire: Steel, single strand, 7 gauge thick. e. Finish: Galvanized: Galvanized, 1.8oz/sq. ft. coating, ASTM A 123. f. Anchorage: Concrete Anchorage for posts set thirty-six (36) inches in the hole with four (4) inches of concrete below the end of the post. The top exposed surface of the concrete footing shall be sloped to shed water and provide a neat appearance when completed. g. Posts: See Below h. Gates: See Below i. Fittings: Sleeves, bands clips rail ends, tension bars, fasteners, and fittings: steel. 2. Chain Link Fencing: Includes ALL materials, labor and equipment INCLUDING framework, fence fabric, line posts, corner/terminal posts, top rail, dome caps, tension wires, anchorage (concrete, core drill, jackhammer holes included) and fittings. All fabricated and installed per specifications. BID NO.23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 18 3. Chain Link Swing Gates: Includes ALL materials, labor and equipment INCLUDING framework, fence fabric, tension wires, anchorage (concrete, core drill,jackhammer holes included)terminal gate posts,dome caps,fittings and required gate hinges and hardware.All fabricated and installed per specifications. 4. Chain Link Pedestrian Gates: Includes ALL materials, labor and equipment INCLUDING framework, fence fabric, tension wires, anchorage (concrete, core drill, jackhammer holes included), fittings, gate hinges and locksets. All fabricated and installed per specifications. 5. Chain Link Rolling Pedestrian Gates: Includes ALL materials, labor and equipment INCLUDING framework, fence fabric, tension wires, anchorage (concrete, core drill,jackhammer holes included) 4" terminal gate posts, dome caps, fittings and required gate hardware. All fabricated and installed per specifications. 6. Vinyl Coated Fabric: Class 2, bonded PVC-coated wire shall have the PVC coating thermally fused and bonded to a primer which is thermally cured onto galvanized steel core wire. Galvanized steel core wire shall have been coated with zinc as per ASTM A641: 6 gauge —0.40 oz. per square foot of fabric gauge 0.30 oz. per square foot of fabric The weight of the zinc coating shall be determined by the method contained in ASTM A90. The PVC Coating shall be evenly applied and free of blisters. The vinyl shall be plasticized and thoroughly compounded so there are no ,ments un-dispersed i p pigments, stabilizers or other discrete particles present. The bond shall exhibit equal or greater strength than the cohesive strength of the vinyl. The minimum PVC coating shall be 7 mils (.007"). The color shall be dark green unless otherwise specified. 7. Posts: All steel and iron parts shall be zinc coated by the hot-dipped method, using Grade "E." The weight of zinc coat on the rail, post, and brace shall have not less than 1.8 ounces per square foot. Zinc weight shall be determined in accordance with ASTM 490. All posts shall be of sufficient length to extend thirty-six (36) inches into the concrete footings. All Posts and rails shall meet the following minimum bending moment requirements. Fence Industry O.D. Min. Bending Moment— In Lbs. 1 5/8" (Top Rail) 8,225 2" (Line Post) 11,410 2 %2" (line post) 3" (Corner post) 7,100 3 3 %2" 37,100 60,000 4" 83,000 6 5/8" 297,500 8. Line Posts: Line posts shall be 2-3/8" or 2-7/8" diameter, spaced equidistant in the fence line on a maximum of ten (10) foot centers, unless otherwise agreed upon between the Contractor and City's Project Manager. 9. Corner and erminal Posts: Corner and terminal posts shall be 3" inch diameter steel pipe,14- gauge, one piece, without joints. The distance between terminal posts shall not exceed Five Hundred (500) Feet. Posts shall be plumb with the tops of the posts and property aligned. Terminal posts shall not be installed at breaks in vertical grades of fifteen (15%) percent or more. The engineer may reduce the maximum interval where the degree of break is greater than three BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 19 (3) degrees. Corner posts are to be installed at all horizontal breaks in the fence of fifteen (15) degrees or more. 10. Gate Post: Posts for swing gates shall be pipe of the following nominal sizes for each gate leaf, unless otherwise specified in special conditions or the designer, in this case refer to the following conditions: Gate leaf Minimum Post Minimum Bracing Gate Leaf up to 6" Wide 3" O.D. (None) Gate Leaf over 6ft 4" O.D 1 Cross Brace To 13 ft wide and 1 Truss Rod Gate Leaf over 13 ft 6 5/8" O.D. Vertical Bracing To 18ft wide at 1/3 points & Three Truss Rods 11. Top Rail: All fencing shall have a 1 5/8 inch O.D. top rail, and shall be in lengths not less than 18 feet, and shall be fitted with couplings or wedged for connecting the lengths into a continuous run. The couplings shall be not less than six (6) inches long, with .070 minimum wall thicknesses, and shall allow for expansion and contraction of the rail. Open seam outside sleeves shall be permitted only with a minimum wall thickness of .100 inches. Suitable ties or bands shall be provided in sufficient number for attaching the fabric securely to the top rail at intervals not exceeding two (2) feet. 12. Post Braces: Post braces shall be provided for each gate, corner, pull, and end post for use wnen top rail is omitted or with fabric 6 feet or more in height, and shall consist of 1 5/8 'O.D. round tubular brace extending to each adjacent line post at approximately mid-height of the fabric, and a truss consisting of a rod not less than 5/16" nominal diameter from the line post back to the gate, corner, pull or end post, with a turnbuckle or other equivalent provision for adjustment. Truss rods may be eliminated in any line of fence where there is a continuous center rail. The braces and truss rods shall have the same finish as posts. 13. Post Caps: Post caps shall be cast steel galvanized, sized to post diameter. The post caps shall fit over the outside of the posts and shall exclude moisture from the posts. 14. Gates: Gates shall be swing, sliding or pedestrian a. Swing Gate Frames: Gate frames shall be constructed of tubular members welded at all corners or assembled with fittings. On steel, welds shall be painted with zinc-based paint, unless specified by special conditions or the designer. Where corner fittings are used, gates shall have truss rods of 5/16" minimum nominal diameter to prevent sag or twist. Gate leaves shall have vertical intermediate bracing as required, space so that no members are more than eight feet apart. Gate leaves ten feet or over shall have a horizontal brace or one 5/16" minimum diagonal truss rod. When barbed wire top is specified, the end members of the gate frames shall be extended one foot above the top horizontal member to which three strands of barbed wire, uniformly spaced, shall be attached by use of bands, clips or hook bolts. b. Gate Fabric: Gate fabric shall be of the same type used in the fence construction. The fabric shall be attached securely to the gate frame at intervals not exceeding 15" inches. c. Gate Hinges: Gate Hinges shall be of adequate strength for gate, and with large bearing surfaces for clamping in position. The hinges shall not twist or turn under the action of the BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 20 gate. The gate shall be capable of being opened and closed easily by one person. Swing gate to be bulldog industrial hinges only. d. Pedestrian Gates: For bidding and construction purposes, all pedestrian gates shall include (but not limited to)gate frames, fabric mesh, post frames. It is the responsibility of the Contractor to construct all gates and openings to meet Code Enforcement and ADA requirements. e. Rolling Vehicular Gates: It is the responsibility of the Contractor to construct all gates and openings to meet Code Enforcement and ADA requirements. 15. Recreational Fencing: Baseball fields, softball fields, etc., shall be 9-gauge, six (6) foot high fencing. Tennis courts shall have ten (10) foot high fencing with the center & bottom rails on the end of the courts only. Top &center rails with a bottom tension wire shall be installed on the sides. Tennis court fencing shall be 11-gauge wire with a one and three-fourths (1 %) inch mesh. • Backstop fabric shall be nine gauge with two (2) inch mesh. Couplings & fittings used in connection with recreational fencing (parks, tennis courts, etc.) shall be heavy pressed steel. a. Installation Install framework, fabric and accessories in accordance with ASTM F567 and manufacturer's instructions. ii. Set terminal and posts plumb in concrete footings with top of footing 6 inches below finish grade. Embed posts a minimum 36 inches into hole with 4 inches of concrete below the end of the post. The top exposed surface of the concrete footing shall be sloped to shed water and provide a neat appearance when completed. iii. Provide 1 5/8" top rail through line posts and splice with 7 inch long rail sleeves. iv. Stretch fabric between terminal posts or at all intervals of 100 feet maximum, whichever is less. v. Position bottom of fabric one inch above finish grade. vi. Fasten fabric to top rail, line posts, and braces and bottom tension wire on rail with wire ties maximum 15 inches on center. vii. Attach fabric to end and corner posts with tension bars and tension bar clips. • viii. Install bottom tension wire stretched taut between terminal posts. ix. Brace each gate and corner posts to adjacent line post with horizontal center brace rail and diagonal truss rods. Install brace rail, one bay from end and post gates. x. Provide gate posts: 2" x 8'; 2 '/2" x 8'; 3" x 8'; 4" x 10'6"; 6 5/8" x 10'6"; 8 5/8" x 10'6" as applicable. ..... .. ._. BID NO. 23-003 FENCE INSTALLATION, MAINTENANCE AND REPAIR SERVICES Page 21 xi. Install gate fabric to match fence. Install three hangars, latch, catches, drop hold torsion spring retainer. 16. Clearing and Fence Removal: a. Clearing: The responsibility for clearing for fence placement will be decided on a case by case basis and will either the responsibility of the Contractor or City Maintenance. Pricing for fence line clearing will be negotiated with the awarded bidder(s) at the discretion of the City Project Manager. b. Fence Removal: Upon request of City Project Manager, the Contractor shall be responsible for the removal and disposal of existing fencing offsite. City dumpsters shall not be used at any time for disposal of materials. City reserves the option to retain fencing removed by the Contractor. When removing fence posts, the Contractor shall fill and compact fence post holes with dirt so they are level with the adjacent area. The Contractor shall not use concrete removed from the old fence posts to fill post holes. 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