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HomeMy WebLinkAboutR-1998-144 Ir i 1 RESOLUTION NO. 144-98 i .. i RESOLUTION OF THE CITY OF DANIA, FLORIDA, i CONDITIONALLY ACCEPTING THE BID PROPOSAL SUBMITTED BY ANYTHING IN FENCE TO THE CITY OF DANIA AND AUTHORIZING THE PROPER CITY } OFFICIALS, SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO EXECUTE AN AGREEMENT WITH THAT BUSINESS FOR LABOR AND MATERIALS NECESSARY FOR FENCING IMPROVEMENTS TO MELT AND FROST PARKS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That the Dania City Commission conditionally accepts the bid proposal submitted by Anything in Fence in the amount of $28,152.00 based upon competitive bids, for fencing improvements to Meli and Frost Parks. Section 2. That that certain agreement between the City of Dania and Anything in Fence for labor and materials necessary to complete the fencing improvements to Meli Park and Frost Park, a copy of which Agreement is attached and made a part of this Resolution as Exhibit A, be and the same is approved and the conditions of advance review and ultimate approval as to form and content by the City Attorney. The City Manager and the City Attorney are authorized to make minor revisions to that certain Agreement as they may deem necessary. Such Agreement and the award of the bid shall not be deemed accepted by the City unless and until the City has completed its execution of the Agreement. Section 3. That all resolutions or parts of resolutions in conflict are repealed to the extent of such conflict. „ ) RESOLUTION NO. 144-98 I i Section 4. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 22"d DAY OF SEPTEMBER, 1998. MAYOR-COMMISSIONER ATTEST: ROLL CALL: MAYOR CALI -YES VICE-MAYOR ETLING -YES COMMISSIONER BERTINO - YES COMMISSIONER HYDE -YES CITY CLERK AUDITOR APPROVED AS TO FORM AND CORRECTNESS: By. 4 ,44 0 AS J. RO Cl ATTORNEY I RESOLUTION NO. 144-98 I 4Me► _.. . AGREEMENT i THIS IS AN AGREEMENT ("Agreement"), dated /O - S 1998 between: THE CITY OF DANIA ("City"), a municipal corporation of Florida, with a business location at 100 WEST DANIA BEACH BOULEVARD, DANIA, FLORIDA 33004, and ANYTHING IN FENCE ("Contractor"), a Florida Corporation with its principal place of business located at 2920 NW 2nd Avenue, #18, Boca Raton, Florida 33431. In consideration of the mutual terms, conditions, promises, covenants and payments set forth in this Agreement, the sufficiency and receipt of which are acknowledged, City and Contractor agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of reference for this Agreement, and to generally express the objectives and intentions of the parties, the following statements, representations and explanations are the predicates for the undertakings and commitments included within the provisions which follow, and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. I 1.1 The Contractor, for the consideration fully set out below, shall furnish all the materials, equipment and labor to perform all work necessary to complete the Project, all in full and complete accordance with Exhibit"A"which is attached and made a part of this Agreement. The "Project"consists of materials, equipment and labor necessary to complete the fencing of the City of Dania's Frost Park (300 NE 2 Street) and Meli Park (2901 SW 52 Street), as such items are more particularly described in the Fencing Specifications which are a part of Contractor's executed Bid Proposal, which proposal is incorporated into and made a part of this Agreement as Exhibit "A", attached. 1.2 The City advertised its notice to bidders of the City's desire to have the Project completed, pursuant to the bid entitled: BID PROPOSAL FOR FENCING AT CITY OF DANIA'S FROST PARK (300 NE 2 ST) & MELI PARK (2901 SW 52 ST) DANIA, FLORIDA 33004 1.3 On September 22, 1998, the City awarded the bid to Contractor and authorized the proper City officials to enter into this Agreement with Contractor to complete the Project. ARTICLE 2. SERVICES AND RESPONSIBILITIES 2.1 Contractor agrees to do everything required by this Agreement and to comply with any and all other provisions in the documents and items incorporated by reference into this Agreement. Contractor also agrees to perform all clean-up and bear the expense of any off- site disposal, which is or may be necessitated by its work on and around the Project site. 2.2 Contractor agrees that all work performed under this Agreement shall be done in a professional manner and that Contractor's efforts will produce a quality result. 2.3 Contractor represents to City, with full knowledge that City is relying upon these representations when entering into this Agreement with Contractor, that Contractor has the expertise, experience and work force sufficient to timely perform the services to be provided by Contractor pursuant to the terms of this Agreement. 2.4 Contractor represents to City that Contractor is properly licensed by all applicable federal, state and local agencies to provide the services specified under this Agreement. If any of the Contractor's licenses are revoked, suspended or terminated for any reason by any governmental agency, Contractor shall notify the City immediately. 2.5 Contractor agrees to conduct all work and services under this Agreement in accordance with all applicable federal, state and local laws and regulations. Contractor will identify all governmental authorities and agencies having jurisdiction to approve work involved in the Project and Contractor agrees to obtain all permits and approvals from any and all such governmental authorities which have jurisdiction. If permitted by the permitting agency, and if City can realize a cost savings by such action, City may authorize the Contractor to seek required permits on behalf of and in the name of City as its Contractor; provided, however, that Contractor agrees to fully indemnify and hold harmless the City in all respects as a result of the obtaining of any and all such permits and approvals. Without limiting the foregoing, City agrees to reimburse Contractor, upon City's receipt of adequate proof that Contractor has paid same, the amounts of all permit fees incurred by Contractor in connection with the applications, processing and securing of approvals or permits which are required to be obtained from all governmental authorities which have jurisdiction over any and all aspects of this work, except City permits and fees which shall be waived and except for so much of any fees as to which the City is required to remit to other governmental agencies. 2.6 City's Building Official, or his designated representative, will be the person through whom Contractor must communicate all information pertaining to the Project. 2.7 Contractor shall guarantee the entire Project against poor workmanship and faulty materials for a period of seven (7) years after final payment and shall immediately correct any defects which may appear during this period upon written notification by the City's Building Official or his designated representative. Contractor waives any and all rights to claim any statute of limitations defense as to any condition that may arise under this guarantee. -2- ARTICLE 3 TERMS AND CONDITIONS i 3.1 Contractor shall begin to perform the Project work commencing no later than thirty (30) days from the date first above written and shall notify City in writing of the date work did commence (the "Commencement Date"). Contractor shall complete the Project work no later than forty-five (45) days after the Commencement Date and notify City in writing of that work (the "Completion Date"). 3.2 This Agreement may be terminated by City if Contractor fails to perform the work to City's sole and reasonable approval, after City sends written notice of any deficiency to Contractor and Contractor does not cure such deficiency within seven (7) days from the date of such notice. In such event, the Contractor shall be paid compensation for improvements made toward completion of the Project, if such improvements meet City's sole and reasonable approval, which approval will not be unreasonably withheld. In the event that the Contractor abandons the work specified in this Agreement or causes it to be terminated, Contractor shall indemnify the City against any loss pertaining to its abandonment up to a maximum of the amount to be paid under this Agreement. All finished or unfinished materials, documents and reports prepared by Contractor shall become the property of City and shall be delivered by Contractor to City before payment, if any, is made to Contractor by City. ARTICLE 4 COMPENSATION AND METHOD OF PAYMENT 4.1 After Contractor gives City written notice of the Completion Date, City agrees to compensate Contractor, as follows, no later than twenty (20) business days after the City Building Official or his designated representative approves all of Contractor's completed Project work pursuant to the provisions of this Agreement: TOTAL AGREEMENT AMOUNT $ 28,152.00 Project completion shall be evidenced by a writing to that effect, issued by the City Building Official and given to the City Clerk. The total compensation above may not be exceeded without a written amendment to this Agreement executed by the authorized agents of both of the parties. 4.2 Payment will be made to Contractor at: Gerald P. Clippinoer Anything in Fence 2920 N.W. 2nd Avenue, #18 Boca Raton, Florida 33431 Phone # 561 392-0048 -3- I 4.3 The making and acceptance of the work shad constitute a waiver of all claims by the City except for any or all claims arising from the guarantee set forth above, unsettled liens, lawsuits, deficiencies or faulty work appearing within seven (7) years after final payment, or from any variations from the requirements of the Fencing Specifications for the Project. The acceptance of payment shall constitute a waiver of all claims against City by the Contractor. 4.4 Contractor shall, before final payment is made by City, provide City copies of releases of all liens from any and all subcontractors, materials' providers and the like, who or which supplied or furnished any labor, services or materials that were used in the Project. Contractor shall then furnish the City a "No Lien Affidavit". Final payment shall be made upon submission by the Contractor of evidence satisfactory to the City that all payrolls, material bills and other costs incurred by the Contractor in connection with the work, have been paid in full, and after all guarantees that appear in this Agreement and as otherwise set forth in the specifications have been furnished and are found acceptable by the City. ARTICLE 5 CHANGES IN SCOPE OF WORK City or Contractor may request changes that increase, decrease or otherwise modify the Project, as described in this Agreement. These changes may affect the compensation specified above and, if so, they must be described in a written amendment, executed by the authorized agents of both of the parties, prior to any deviation from the terms of this Agreement. In no event will Contractor deviate or permit deviation from the work described in this Agreement or the Fencing Specifications without City's advance written consent. ARTICLE 6 PROTECTION OF CITY'S PROPERTY At all times during the performance of this Agreement, the Contractor shall protect the City's property from all damage whatsoever on account of Contractor's performance of work toward completion of the Project described by this Agreement. ARTICLE 7 INDEMNIFICATION 7.1 The Contractor agrees to indemnify and hold harmless the City and its elected and appointed officers, agents, servants and employees, from and against any and all claims, demands or causes of action whatsoever, and the resulting losses, costs, expenses, reasonable attorneys' fees, liabilities, damages, orders,judgments and decrees, sustained by the City and any third party arising out of, or by reason of, or resulting from the Contractor's work toward completion of the Project, Contractor's reckless acts, or negligent acts, or both and any and all errors or omissions of whatsoever kind up to a maximum amount of the Total Agreement Amount. -4- 1 7.2 The Contractor agrees to release the City from and against any and all liability and responsibility in connection with the Project work. If Contractor exposes City to liability for any reason arising out of the Project work, Contractor's compensation may be withheld until City can determine the extent of City's exposure and City retains the right to offset any amounts related to such matters against Contractor's compensation, if any. City will notify Contractor in writing when it determines Contractor may have exposed City to any liability and City will provide a reasonably ascertainable date by which resolution of the exposure, offset or both will be determined. i ARTICLE 8 INSURANCE 8.1 The Contractor shall not commence work under this Agreement until Contractor has obtained all insurance required under section 8.4 of this Article ("Coverage") and such Coverage has been approved by the Risk Manager of the City. The Contractor shall not allow any subcontractor to commence work on any subcontract until the subcontractor, as provided in section 14.3, below, and all Coverage required of any subcontractor, have been approved by City. In addition, Contractor shall be responsible for any policy deductibles and self-insured retentions. 8.2 Contractor shall file Certificates of Insurance with the City, reflecting evidence of the Coverage. They shall be filed with the City Risk Manager within ten (10) days of the date first above written. These Certificates shall contain a provision that Coverage afforded under these policies will not be canceled until at least thirty (30) days prior written notice has been given to the City. Policies for Coverage shall be issued by companies authorized to do business under the laws of the State of Florida and any such companies'financial ratings must be no less than "A" in the latest edition of the "BEST'S KEY RATING GUIDE", published by A.M. Best Guide. 8.3 Coverage shall be in force until all work required to be performed under the terms of this Agreement is satisfactorily completed as evidenced by the formal acceptance by the City. In the event insurance certificates provided to City indicate that the insurance shall terminate and lapse during the period of this Agreement, then in that event, the Contractor shall furnish, at least thirty (30) days prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like Coverage for the balance of the period of the Agreement and any extension of it is in effect. THE CONTRACTOR SHALL NOT PERFORM OR CONTINUE TO WORK PURSUANT TO THIS AGREEMENT UNLESS ALL COVERAGE REMAINS IN FULL FORCE AND EFFECT, SUCH DELAY BEING SUBJECT TO ANY APPLICABLE PROVISIONS DESCRIBED IN THIS AGREEMENT. I i i' 8.4 REQUIRED INSURANCE COVERAGE. 8.4.1 General Liability Insurance includes products, completed operations and blanket contractual liability with bodily injury limits of not less than $1,000,000.00 per occurrence combined single limit for bodily injury and property damage. City shall be named as an "additional named insured" under the general liability policy including product liability. 8.4.2 Workers' Compensation insurance shall be maintained by Contractor during the life of this Agreement to comply with statutory limits for all employees, and in the case any work is sublet, as otherwise addressed in this Agreement, the Contractor shall require any subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. The Contractor and its subcontractors shall maintain during the life of this policy Employers' Liability Insurance. The following limits must be maintained: $500,000.00 with not less than $100,000.00 per occurrence. 8.4.3 Comprehensive Auto Liability insurance with limits not less than $500,000.00 per occurrence for bodily injury and property damage. This coverage shall include owned, hired and non-owned vehicles. The Contractor shall hold the City, its agents and employees, harmless on account of claims for damages to persons, property or premises arising out of the operations to complete the Project. The City reserves the right to require Contractor to provide and pay for any other insurance coverage City deems necessary depending upon the possible exposure to liability. ARTICLE 9 INDEPENDENT CONTRACTOR I This Agreement does not create an employee/employer relationship between the parties. Contractor agrees that it is not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wages' laws and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the Florida Workers' Compensation Act, and the Florida unemployment insurance law. The Contractor shall retain sole and absolute discretion and exercise its judgment as to the manner and means of carrying out Contractor's activities and responsibilities toward completion of the Project. Administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, H.U.D., or United States policies, rules or regulations relating to the use of Contractor's funds provided for in this Agreement. The Contractor agrees that it is a separate and independent enterprise from the City, that it has full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages, overtime premiums or both. I -s- 1 ARTICLE 10 (RESERVED) ARTICLE 11 DEFAULT OF AGREEMENT AND REMEDIES 11.1 Liquidated Damages. It is mutually agreed between the parties that time is of the essence of this Agreement, and in the event the Project is not completed within the time and in the manner specified in this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain the sum of Two Hundred ($200.00) Dollars per day for each day thereafter, Sundays and holidays included, that the work remains uncompleted and the City is denied full benefit of completion of the Project, which sum City and Contractor agree represents the damages the City will have sustained per day for the failure of the Contractor to complete the Project within the time stipulated. The parties agree that this sum is not a penalty. 11.2 Remedies in Default. In case of any default by Contractor, the City, through City's Building Official or his designated representative, shall notify the Contractor, in writing, Of such default and direct Contractor to comply with all provisions of the Agreement. If Contractor does not cure such default within seven (7) days of the date after notice was sent Agreement and will notify the Contractor of such by City, City may declare a default of this declaration of default in writing and terminate the Agreement. 11.2.1 Within ten (10) days of such declaration of default, the City may complete the Project, or any part of it, either by day labor or re-letting a contract ("Default Contract") for the same, and procure the equipment and the facilities necessary for the completion of the Default Contract, and charge the cost of same to the Contractor, together with the costs incident to such default. 11.2.2 In the event the City completes the Default Contract at a lesser cost than would have been payable to the Contractor under this Agreement, if the same had been fulfilled by Contractor, City shall retain such difference. Should such cost to the City be greater, then the Contractor shall pay the amount of such excess to the City. ARTICLE 12 BANKRUPTCY It is agreed that if the Contractor is adjudged bankrupt, either voluntarily or involuntarily, then this Agreement shall terminate effective on the date and at the time the bankruptcy petition is filed and Contractor will automatically be in default of this Agreement and the provisions of Article 11 will be enforced at City's discretion. -7- ARTICLE 13 DISPUTE RESOLUTION 13.1 Venue; Fees. All claims, counterclaims, disputes and other matters in question between City and Contractor arising out of, relating to or pertaining to this Agreement, or the breach of it, or the services of it, or the standard of performance required in it, shall be addressed by resort to non-binding mediation as authorized under the laws and rules of Florida; provided, however, that in the event of any dispute between the parties, the parties agree to first negotiate with each other for a resolution of the matter or matters in dispute and, upon failure of such negotiations to resolve the dispute, the parties shall resort to mediation. If mediation is unsuccessful, any such matter may be determined by litigation in a court of competent jurisdiction in Broward County, Florida, or the Federal District Court of the Southern District of Florida and appropriate appellate courts for such venue and jurisdiction. In any litigation, the parties agree to each waive any trial by jury of any and all issues. In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, or the standard of performance required in it, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party, subject to the limits of this paragraph. Where the prevailing party is awarded compensatory damages from the non-prevailing party, the amount of attorneys' fees shall not exceed the amount of compensatory damages. If no compensatory damages are awarded, the prevailing party is entitled to reasonable attorneys' fees, which entitlement and award shall not exceed the total amount payable as Contractor's compensation under this Agreement. j 13.2 Operations During Dispute. 13.2.1 In the event that a dispute, if any, arises between the City and the Contractor relating to this Agreement, or its performance or compensation, the Contractor agrees to continue to render service in full compliance with all terms and conditions of this Agreement as required by the City. 13.2.2 Notwithstanding any other provisions in this Agreement, whenever any service provided by the Contractor fails to meet City's reasonable approval, the City will have the right to terminate the Agreement seven (7) days after the date when the written notice was sent by City of the deficiency, if Contractor has not cured such deficiency within that time. ARTICLE 14 MISCELLANEOUS 14.1 Legal Representation. It is acknowledged that each party to this Agreement had the opportunity to be represented by counsel in the preparation of this Agreement, and accordingly, the rule that a contract shall be interpreted strictly against the party preparing same shall not apply to this Agreement due to the joint contributions of both parties. 4 14.2 Records. Contractor shall keep such records and accounts and require any and all subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to this engagement, and any expenses for which Contractor may attempt to claim reimbursement. Such books and records will be available at all reasonable times for examination and audit by City and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this Agreement. Incomplete or incorrect entries in such books and records will be grounds for disallowance by City of any fees or expenses based upon such entries. 14.3 Assignments, Subcontracts and Amendments. This Agreement, and any 1 interests in it, shall not in whole or in part be assigned, subcontracted, transferred in any way or otherwise encumbered, under any circumstances, by Contractor without the prior written consent of City. For purposes of this Agreement, any change of ownership of or controlling interest in Contractor shall constitute an assignment which requires City approval. Violation of the terms of this paragraph shall constitute a breach of this Agreement by Contractor and City may, in its discretion, cancel this Agreement and all rights of Contractor under this Agreement will terminate. It is further agreed that no modification, amendment or alteration of the terms or conditions contained in this Agreement shall be effective unless contained in a written document executed by the authorized agents of the parties. I 14.4 No Contingent Fees. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability and, in its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. 14.5 Notice. Whenever any party desires to give notice to the other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended. The places for giving of notice shall remain as set forth below until they shall have been changed by written notice in compliance with the provisions of this section. For the present, the Contractor and the City designate the following as the respective persons and places for giving of notice: City: Kenneth Koch, Building Official City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Copy to: Thomas J. Ansbro, Esq. City Attorney Brinkley, McNerney, Morgan, et al. P 0 Box 522 Fort Lauderdale, Florida 33302-0522 -9- } Contractor: Gerald P. Clippinger Anything In Fence 2920 N.W. 2ntl Avenue, #18 Boca Raton, Florida 33431 14.6 Binding Authority. Each person signing this Agreement on behalf of either party individually warrants that he or she has full legal power to execute this Agreement on behalf of the party for whom he or she is signing, and is authorized to bind and obligate such party with respect to all provisions contained in this Agreement. 14.7 Headings. Headings in this Agreement are for the convenience of reference only and shall not be considered in any interpretation of this Agreement. 14.8 Exhibits. Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The exhibits, if not physically attached, are treated as parts of this Agreement and are incorporated in it by this reference. 14.9 Severability. If any provision of this Agreement or application of it 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, and shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. I 14.10 Governing Law. This Agreement shall be governed by the laws of the State of Florida with venue lying in Broward County, Florida. 14.11 Extent of Agreement. This Agreement represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. 14.12 Waiver. Failure of the City to insist upon strict performance of any provision or condition of this Agreement, or to enforce any right contained in it, shall not be construed as a waiver or relinquishment for the future of any such provision, condition or right, but the same shall remain in full force and effect. 14.13 Conflict. In the event there is a conflict between any of the terms in any of the documents contained in any Exhibit to this Agreement and any terms of this Agreement, the terms of this Agreement shall prevail. 10 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY: CITY OF DANIA, A Florida Municipal Corporation ATTEST J ��M�A%%RRIEE JJAB�-AL , CITY CLERK A JIM CALI A OMMISSIONER APPROVED FOR FO M AND CORRECTNESS: dd •• 11 MICHA I CITY MANAGER BY: f V THOM S J. NS R , CITY ATTORNEY CONTRACTOR: ANYTHING IN FENCE COMPANY NAME r r CORPORATE SEAL: B , (IF APPLICABLE) SIGNATURE re PRINT N91 I v TITLE STATE OF FLORIDA COUNTY OF BROWARD BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared C•NerQkd P GIRO as V• P. and , as respectively, of Contractor, ANYTHING IN FENCE, a Florida Corporation, and acknowledged execution of the foregoing Agreement for the use and purposes mentioned in it and that the instrument is the act and deed of the Contractor. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at in the State and County aforesaid on OCR • o`O 11998. 4ary State of Florida at Large on Expires: CNAY psi,. � F JUANITABREEDEN My C w IwI n DC63 W '1 *rfa `re"" E+wkea Mer.08,2000 EXHIBIT "A" FENCING SPECIFICATIONS CHAIN-LINK FENCING f I. GENERAL A. Scope This section covers the requirements for furnishing materials and constructing chain-link fence as indicated on the attached drawings. The fence shall be the product of a manufacturer who has demonstrated by actual installations of a similar nature that its product is of the type required. The Contractor shall include all supplementary parts necessary or required for a complete and satisfactory installation within the true meaning and intent of the drawings. All runs of the fence shall present the same general appearance and the product of one manufacturer only will be accepted, except for items which do not influence the appearance of the completed fence. No used, rerolled or open- seam steel shall be permitted in posts, rails or braces. I II. MATERIALS A. Fabric Chain-link fabric shall conform to the requirements of AASHI"O M 181 and shall be a 2-inch mesh, 9 gauge, 6 feet, 8 feet & 10 feet high with both selvages knuckled. It shall be as follows: 1. Zinc-coated steel-galvanized after weaving. 2. The weight of coating of uncoated wire fabric shall be 2.0 ounces of Zinc per square foot. B. Fence Posts. Rails and *Braces Pipe used for fence posts, rails and braces shall conform to the requirements of Federal specifications RR-F-191 and shall have the dimensions as indicated below: Materials - 10' high fence Materials - 6' high fence All schedule 40 wt. Pipe All schedule 40 wt. Pipe 3" O.D. terminal post 2 1/2" O.D. terminal post 2 1/2" O.D. line post 2" O.D. line post 1 5/8" O.D. top rail, middle rail & gate 1 5/8" O.D. top rail & gate frames frames 2" x 9 gauge galv. chain link 2.0 oz. 2" x 9 gauge galv. chain link 2.0 coating j 7 gauge galv. tension wire on bottom 7 gauge gals. tension wire 12 4 I I C. Wire Ties Wire ties for fastening fabric to posts, rails and braces shall be 6 gauge aluminized wire. D. Miscellaneous Fittings and Hardware Miscellaneous fittings and hardware shall be of design standard with the manufacturer. Miscellaneous fittings and hardware furnished for use with other than aluminum alloy fabric shall be zinc-coated steel. III. INSTALLATION A. Welding Structural members of gates that are in contact shall be fully welded by a method that will produce a continuous weld on all side and faces of joints at exposed edges. Surplus welding material shall be removed. S. Installing Posts Posts shall be spaced not more than 10 feet apart and shall be set in concrete bases 12" in diameter x 36" deep. The top of the concrete bases shall be slightly above the ground; trowel finished, and sloped to drain away from the posts. Holes of full depth and size for the concrete bases for posts shall be dug to the size and depth as specified. Posts settings shall be done carefully so that posts shall be } vertical and in true alignment and rigidly secured in position. Concrete shall be 2,500 psi, 28-day compressive strength. On terminal (end, corner, pull and brace) posts, the post tops and brace rail clamps around the posts shall be placed before setting the posts in concrete bases. For gateposts, if the ground is not level, the upgrade post shall be set first to get the proper height for the downgrade post. The concrete bases for end; corner, pull and brace posts shall be placed first and allowed to cure for 7 days. Stretcher bar bands and truss bands shall be spread and slipped on end, corner, pull and brace posts as the next operation. Post tops are then inserted on all other posts. No extra compensation shall be made for rock excavation. C. Installing Top Rails To start the installation, a length of top rail shall be run through the first couple of post tops; a rail clamp shall be assembled on the end corner. The end of the rail already placed shall be butted into the clamp and fastened. The top rail shall be installed along the run of the fence and the various sections joined with sleeve couplings. At not more than every 100 feet an expansion coupling shall be placed to take care of expansion and contraction of the rail. The rail shall be clamped in the end or corner at the end of the run of the installation of top rail. The top rail shall follow the lay of the ground. -13- D. Installing Braces All horizontal braces shall be attached together with truss rods at all terminals (end, corner and pull) posts to the brace posts. E. Installing Fabric The fabric shall be unrolled on the outside of the fence line with the bottom twisted, unknuckled) edge of the fabric against the posts. The various rolls shall be spliced by bringing the ends close together and weaving in a picket in such a way that it will engage both of the roll ends and catch with each twist each separate mesh of the end pickets of both rolls of fabric. The fabric shall be raised and tied loosely to the top rails with a temporary tie wire at intervals of about 20 feet. The fabric shall be installed by a standard method of wire attachment with 6 gauge aluminum wire fasteners not more than 24" o.c., or 5 ties between posts. Standard chain-link fence stretching equipment shall be provided for stretching the fabric before tying it to the rails and posts. The stretching and tying operations shall be repeated about every 100 feet until the run of fence is completed. I -14- A GENERAL REQUIREMENTS 1. LINE AND GRADE The Owner has provided vertical control for layout of the work in the form of benchmarks located adjacent to the work. From these bench marks, and from horizontal controls provided by the Owner, the Contractor shall establish all working points, lines and elevations. 2. PROTECTION AND RESTORATION OF SURVEY MONUMENTS The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, % section corners, property corners or block control points and for maintaining all horizontal and vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed under the supervision of a i Florida Registered Land Surveyors. Survey points that will be destroyed during construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the Owner. 3. UTILITY LOCATION The Contractor shall notify each utility company two weeks prior to the start of construction to arrange for positive underground location, relocation or support of its utility, where that utility may be in conflict with or endangered by the proposed construction. The Contractor shall pay for all charges by utility companies for temporary support of its utilities. All costs of permanent utility relocations to avoid conflict shall be the responsibility of the Contractor and the utility company involved. The Contractor shall schedule his work in such a manner that the utility companies relocating or supporting their utilities do not delay him. No compensation shall be made for such loss of time. It shall be the Contractor's responsibility to verify the known locations. He shall fully understand that certain structures may not be located precisely as shown, or may be omitted entirely. The position of certain structures and utilities directly affects the proposed construction. Therefore, to insure that the proposed work can actually be positioned as planned, the Contractor shall make any excavation necessary for location of structures and utilities prior to construction of that particular portion of the project. All overhead, surface or underground structures and utilities encountered in trenching, whether shown on the Plans or not are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The City reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of r the Contractor. -15- J �4 All such repairs made by the Contractor are to be made to the satisfaction of the utility i owner; all damaged water or gas pipes must be replaced or prevented from leaking. All repairs are to be inspected by the utility owner prior to back-filling. 4. EQUIPMENT All construction equipment necessary and required for the proper construction of this project shall be on the construction site, in first-class working condition, and shall have 1 been approved by the Owner before construction is permitted to start. The Contractor shall provide such tamping tools and equipment as are necessary for the proper compaction of the backfill. 5. STORAGE SITES The Contractor shall be furnished, on the job site, suitable areas for field offices, material storage and equipment service and storage as directed by the Owner. The Contractor shall maintain these areas in a clean, orderly condition as not to cause a nuisance in the area. j -16- SUPPLEMENTARY CONDITIONS 1. Qualifications of Bidders No proposal will be accepted from, nor will any Contract be awarded to, any person or firm j who is a defaulter, as surety or otherwise, upon any obligation to said Owner, or who is deemed irresponsible or unreliable by Owner. Owner shall have the right to investigate the financial condition, experience record and equipment of each prospective bidder and determine to Owner's satisfaction the competency of each to undertake the Project. All information requested by Owner to assist in this regard shall be furnished by Contractor within five days of such request. 2. Subcontractors and Principal Material Manufacturers The Contractor awarded the bid shall submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of materials and equipment) proposed for any portion of this project in conformance with the "Instructions to Bidders." When this list is approved, no deviations shall be allowed from that list without the written consent of the Owner. 3. Reserved 4. Bid Method Pricing shall be provided separately for each individual location. Pricing shall be listed individually for each item at the individual location. 5. Proi_ect Selection City may choose to delete certain portions of the total bid package and award the contract for only those portions remaining. Said selection to be made prior to award of contract. Only one contract will be awarded. 6. Licenses Contractor shall provide copies of Broward County Certificate of Competency, City and County Occupational License in which the business is located, and a Broward County Occupational License. Contractor shall register these licenses with the City Building Department. 7. Permits A separate permit will be required for each separate location. Permit fees will be waived by the City, however, state or county fees must be paid. 8. Reserved j I I -17- Bid Sheet 1 CITY OF DANIA BID SUBMITTAL FOR FENCING TO: City Commission City of Dania proposes to construct the fencing (NAME OF CONTRACTOR) at Frost Park in accordance with the plans, specifications and bid documents for the following amount: ITEM# BID AMOUNT #1 $ #2 $ TOTAL $ Above named Contractor also proposes to construct the fencing at Meli Park in accordance with the plans, specifications and bid documents for the following amount: ITEM # BID AMOUNT #1 $ #2 $ TOTAL $ *NOTE: ALL BIDS MUST BE SIGNED WITH THE FIRM'S NAME AND BY AN OFFICER OR EMPLOYEE HAVING AUTHORITY TO BIND THE COMPANY OR FIRM BY SIGNATURE. Submitted this day of 1998. Company Name: Address: Phone: Printed name oTuompanY m5piRuntative igna ure o ompany epresen a Ive Sworn to and subscribed before me this day of 1998, by who is(Personally Known or Showing Identification) and (did/did not)take an oath. Stamp/Seal Notary Public—State of County of I i -18- J Bid Sheet 2 The Bidder, having familiarized himself with all local site conditions affecting the cost of the work at the place where the work is to be done and with the related Drawings, Specifications and other Contract Documents, hereby proposes and agrees to furnish all construction, labor and materials, bonds, necessary tools, expendable equipment and all utility and transportation services necessary to perform and complete all work required for the construction of the Project(s), all in accordance with the Contract Documents, within the time set forth and at the + prices stated. f The undersigned, as bidder, hereby declares that the only person interested in this bid as principle are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion of fraud. The Bidder further declares that he has examined the site of the work and informed himself fully of all conditions pertaining to the place where the work is to be done and has had sufficient time to make all tests and investigations; that he has examined the Project Package and all addenda thereto furnished before the opening of the bids, as acknowledged below, and that he has satisfied himself about the work to be performed; that he has submitted the required Bid Guaranty and all other required information with the bid. The Bidder agrees, if this bid is accepted, to contract with the City of Dania, a Municipal Corporation of the State of Florida, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to construct and complete the work covered by this Contract Document for the project entitled "FENCING". Bidder understands that Owner reserves the right to reject any or all Bids and to waive any irregularities in the bid. Failure to complete all items on this proposal form may be cause for rejection. The Bidder certifies that no principle or corporate officer of the firm were principles or corporate officers in another firm at the time such other firm was suspended within the last two years from doing business with the CITY; except as stated below: Company Name: Signature: -19- A REFERENCES i Contractor to provide a list of a minimum of five (5) fencing projects in which similar service was provided, i.e.: removal of existing fencing and installation of 6' and 10' high chain link fencing. Contractor to provide name of client, address of project, date of service, name and phone number of contact person and scope of work. i 1 -20- . 1 �. CITY OF DANIA INTEROFFICE MEMORANDUM I TO: Michael Smith, City Manager (EFROM: Ken Koch, Building Official RE: Fencing Project at Frost and Meli Parks DATE September 14, 1998 On September 10, 1998, six bids were received and opened to replace backstop fencing at the southeast ball field, and the tennis court at Frost Park, and the backstop fencing at both ball fields and the outfield fencing for the west ball field at Meli Park. The results of those bids are: Anything in Fencing $28,152.00 Dolphin Fence $35,077.76 Precision Fence $28,627.50 Fence Masters $36,840.00 Martin Fence $35,412.00 Sheerson Construction $41,454.00 I The lowest responsive, responsible bidder is Anything in Fence at$28,152.00 for the entire project. The firm is qualified in their field, and submitted references for prior work performed for the cities of Boca Raton and Coral Springs, and Broward County. I recommend awarding the bid to Anything in Fence. /emg 4 Bid Sheet 1 CITY OF DANIA BID SUBMITTAL FOR FENCING TO: City Commission City of Dania /1 f k r n �� Fed a ee proposes to construct the fencing JgME F CONTRA OR) at Frost Park in accordance with the plans, specifications and bid documents for the following amount: ITEM # BID AMOUNT #1 $ 306- = #2 $ P 3 00 TOTAL $ Above named Contractor also proposes to construct the fencing at Meli Park in accordance with the plans, specifications and bid documents for the following amount: ITEM # BID AMOUNT #1 $ //.5-6<' #2 $ gose. TOTAL $ 1245 °= - FICER OR *NOTE: ALL BIDS MUST BE EMPLOYEE HAVING SIBINDGNED WITH THE NrS NAME AND BY A AUTHORITY TO THE COMPANY OR F FIRM BY SIGNATURE. / Submitted this 3 t-ot day of a lcs., p Ie�r 1998. Company Name: c GG Address: R.9Z0 .4 tU , cool— 'Afe, -10Zf?' 160c4 Phone: S o C- 3 91 - 00 Y S c (3Z G/P n a ive Printed name o om ny resen a roe na ure o omp �ti of m to a d subscribed before me this 1998, by }� who'fs Personally Knowgor Showing Identification) id/did no)to an oath. y r • St I JUANITA aRafiDEN *My Commwtlo C00070P T W,7000 . tary blic—State of ENO"Mu. Co ofan Na �'e enn' - 2 -. Z � err meS� o � �� � CNN�S LouR-�.S 10 I l� Bid Sheet 2 "1 The Bidder, having familiarized himself with all local site conditions affecting the cost of the work at the place where the work is to be done and with the related Drawings, Specifications and other Contract Documents, hereby proposes and agrees to furnish all I construction, labor and materials, bonds, necessary tools, expendable equipment and all utility and transportation services necessary to perform and complete all work required for the construction of the Project(s), all in accordance with the Contract Documents, within the i time set forth and at the prices stated. The undersigned, as bidder, hereby declares that the only person interested in this bid as principle are named herein and that no person other than herein mentioned has any interest in this bid or in the Contract to be entered into; that this bid is made without connection with any other person, firm, or parties making a bid; and that it is, in all respects, made fairly and in good faith without collusion of fraud. The Bidder further declares that he has examined the site of the work and informed himself fully of all conditions pertaining to the place where the work is to be done and has had sufficient time to make all tests and investigations; that he has examined the Project Package and all addenda thereto furnished before the opening of the bids, as acknowledged below, and that he has satisfied himself about the work to be performed; that he has submitted the required Bid Guaranty and all other required information with the bid. The Bidder agrees, if this bid is accepted, to contract with the City of Dania, a Municipal Corporation of the State of Florida, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to construct and complete the work covered by this Contract Document for the project entitled "FENCING". Bidder understands that Owner reserves the right to reject any or all Bids and to waive any irregularities in the bid. Failure to complete all items on this proposal form may be cause for rejection. The Bidder certifies that no principle or corporate officer of the firm were principles or corporate officers in another firm at the time such other firm was suspended within the last two years from doing business with the CITY; except as stated below: I Company Name: Signature' ' O 11 tow I 1 . REFERENCES Contractor to provide a list of a minimum of five (5) fencing projects in which similar service was provided, i.e.: removal of existing fencing and installation of 6' and 10' high chain link fencing. Contractor to provide name of client, address of project, date of service, name and phone number of contact person and scope of work. I _ ro(J r 4 %3-5- W. rti - Ar e(D - - 62d' � f .3 93-78 s'9 1 �e ca 92B lea aJ qV - 3 TI - /2- a I 5. cy, 4 3 P. Sig, Fo x` 49«.D•er i ) If V nOo✓ e r l o V*s OJ^e `�1- 12 I S ' ps. f II r Ii r r l