CONTRACT# COO/200194 AGREEMENT FOR FENCING

CONTRACT# COO/200194

AGREEMENT FOR FENCING INSTALLATION SERVICES - CITYWIDE

THIS AGREEMENT FOR FENCING INSTALLATION SERVICES - CITYWIDE (“Agreement”) is

entered into by and between the CITY OF OCALA, a Florida municipal corporation (“City”), and

CHARLES WHITE FENCE, INC., a for-profit corporation duly organized and authorized to do

business in the State of Florida (EIN: 20-8367837) (“Contractor”).

R E C I T A L S :

WHEREAS, on April 9, 2020, City issued an Invitation to Bid (“ITB”) for the provision

of fencing installation services at various locations citywide, ITB No.: COO/200194 (the

“Solicitation”); and

WHEREAS, a single firm, Charles White Fence, Inc., responded to the Solicitation and, after

consideration of price and other evaluation factors set forth in the Solicitation, Charles White Fence,

Inc., was selected to provide fencing installation services at various locations citywide (the “Project”);

and

NOW THEREFORE, in consideration of the foregoing recitals, the following mutual covenants

and conditions, and other good and valuable consideration, City and Contractor agree as follows:

T E R M S O F A G R E E M E N T :

1. RECITALS. City and Contractor hereby represent, warrant, and agree that the Recitals set forth

above are true and correct and are incorporated herein by reference.

2. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire understanding

between City and Contractor shall only include: (a) this Agreement; (b) those documents listed

in this section as Exhibits to this Agreement; and (c) the City’s Solicitation for the Project and

the quotation submitted by Contractor in response to same (the “Solicitation Documents”). Each

of these documents are incorporated herein by reference for all purposes.

If there is a conflict between the terms of this Agreement and the Contract Documents, then

the terms of this Agreement shall control, amend, and supersede any conflicting terms contained

in the remaining Contract Documents.

A. Exhibits to Agreement: The Exhibits to this Agreement are as follows:

Exhibit A: Scope of Work (A-1 through A-6)

Exhibit B: Price Proposal (B-1 through B-4)

If there is a conflict between the individual Exhibits regarding the scope of work to be

performed, then any identified inconsistency shall be resolved by giving precedence in the

following order: (1) Exhibit A, then (2) Exhibit B.

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3. SCOPE OF SERVICES. Contractor shall be responsible for providing all materials, labor,

supervision, tools, accessories, equipment, and all other things necessary for Contractor to

perform its obligations under this Agreement and as set forth in the attached Exhibit A – Scope

of Work. The Scope of Services under this Agreement may only be adjusted by written

amendment executed by both parties.

4. COMPENSATION. The highest rate of compensation payable to Contractor by City under this

Agreement for the satisfactory performance of services in compliance with Exhibit A – Scope of

Work and the Contract Documents shall be as noted in Exhibit B – Price Proposal.

A. Project Assignment and Contractor Quotations. Project assignments shall be provided to

Contractor for review as projects are defined and prioritized by City. Contractor shall provide

a detailed written quote for review by the City Project Manager within three (3) business

days of receipt of City’s project assignment. Contractor’s quote shall include: (1) the project

location name and address; (2) an itemized not-to-exceed price setting forth items and

quantities used per specifications; (3) a clear sketch or drawing setting forth the work being

quoted to include the distance and direction or swing of any gates (as applicable). Work

shall not commence by Contractor prior to receiving written approval and notice to proceed

from the City Project Manager.

B. Invoice Submission. All invoices submitted by Contractor shall include the City Contract

Number, an assigned Invoice Number, and an Invoice Date. Contractor shall submit the

original invoice through the responsible City Project Manager (“Project Manager”) at: City

of Ocala Procurement Department, Attn: John Long, 110 SE Watula Avenue, Third Floor,

Ocala, Florida 34471,

E-mail: jlong@ocalafl.org.

C. Payment of Invoices by City. The City Project Manager must review and approve all invoices

prior to payment. City Project Manager’s approval shall not be unreasonably withheld,

conditioned, or delayed.

D. Withholding of Payment. City reserves the right to withhold, in whole or in part, payment

for any and all work that: (i) has not been completed by Contractor; (ii) is inadequate or

defective and has not been remedied or resolved in a manner satisfactory to the City Project

Manager; or (iii) which fails to comply with any term, condition, or other requirement under

this Agreement. Any payment withheld shall be released and remitted to Contractor within

THIRTY (30) calendar days of the Contractor’s remedy or resolution of the inadequacy or

defect.

E. Excess Funds. If due to mistake or any other reason Contractor receives payment under

this Agreement in excess of what is provided for by the Agreement, Contractor shall promptly

notify City upon discovery of the receipt of the overpayment. Any overpayment shall be

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refunded to City within THIRTY (30) days of Contractor’s receipt of the overpayment or

must also include interest calculated from the date of the overpayment at the interest rate

for judgment at the highest rate allowed by law.

F. Tax Exemption. City is exempt from all federal excise and state sales taxes (State of Florida

Consumer’s Certification of Exemption 85-8012621655C-9). The City’s Employer Identification

Number is 59-60000392. Contractor shall not be exempted from paying sales tax to its

suppliers for materials to fulfill contractual obligations with the City, nor will Contractor be

authorized to use City’s Tax Exemption Number for securing materials listed herein.

5. TIME FOR PERFORMANCE. Time is of the essence with respect to the performance of all duties,

obligations, and responsibilities set forth in this Agreement and the Contract Documents.

A. Effective Date and Term. This Agreement shall become effective and commence on JULY

1, 2020 and continue for a term of TWO (2) years, through and including JUNE 30, 2022.

This Agreement may be renewed for TWO (2) additional, ONE-YEAR (1-YEAR) periods by

written consent between City and Contractor

B. Contractor shall commence work no later than FIVE (5) working days from the date of

issuance of a Notice to Proceed for the Project by the City. At no time will Contractor be

allowed to lag behind.

C. All work on each individual project shall be substantially completed by Contractor in a

manner satisfactory to the Project Manager within the time frame indicated and ready

for final payment by the date given on the Notice to Proceed.

D. The time for performance for each individual project assigned under this Agreement may

only be adjusted by Change Order, in the sole and absolute discretion of City. Any request

for an extension of the Time for Performance must be promptly submitted in a writing

delivered to the City Project Manager, along with all supporting data. All requests for

adjustment to the Contract Time shall be determined by the City.

E. As to any delay, inefficiency, or interference in this performance of this Agreement caused

by any act or failure to act by City, Contractor’s sole remedy shall be the entitlement of an

extension of time to complete the performance of the affected work in accordance with the

Contract Documents. Contractor agrees to make no claim for extra or additional costs

attributable to said delays, inefficiencies or interference, except as provided in this

Agreement.

F. None of the provisions of this section shall exclude City’s right of recovery for damages

caused by delays or inefficiencies caused by any act or failure to act by Contractor, to include

costs incurred by City for the procurement of additional professional services.

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6. DELAYS AND DAMAGES. The Contractor agrees to make no claim for extra or additional costs

attributable to any delays, inefficiencies, or interference in the performance of this contract

occasioned by any act or omission to act by the City except as provided in the Agreement. The

Contractor also agrees that any such delay, inefficiency, or interference shall be compensated

for solely by an extension of time to complete the performance of the work in accordance with

the provision in the standard specification.

4. FORCE MAJEURE. Neither party shall be liable for delay, damage, or failure in the performance

of any obligation under this Agreement if such delay, damage, or failure is due to causes beyond

its reasonable control, including without limitation: fire, flood, strikes and labor disputes, acts of

war, acts of nature, terrorism, civil unrest, pandemics, acts or delays in acting of the government

of the United States or the several states, judicial orders, decrees or restrictions, or any other

like reason which is beyond the control of the respective party (“Force Majeure”). The party

affected by any event of force majeure shall use reasonable efforts to remedy, remove, or

mitigate such event and the effects thereof with all reasonable dispatch.

The party affected by force majeure shall provide the other party with full particulars thereof

including, but not limited to, the nature, details, and expected duration thereof, as soon as it

becomes aware.

When force majeure circumstances arise, the parties shall negotiate in good faith any

modifications of the terms of this Agreement that may be necessary or appropriate in order to

arrive at an equitable solution. Contractor performance shall be extended for a number of days

equal to the duration of the force majeure. Contractor shall be entitled to an extension of time

only and, in no event, shall Contractor be entitled to any increased costs, additional

compensation, or damages of any type resulting from such force majeure delays.

7. INSPECTION AND ACCEPTANCE OF THE WORK. Contractor shall report its progress to the

City Project Manager as set forth herein. All services, work, and materials provided by Contractor

under this Agreement shall be provided to the satisfaction and approval of the Project Manager.

A. The Project Manager shall decide all questions regarding the quality, acceptability, and/or

fitness of materials furnished, or workmanship performed, the rate of progress of the work,

the interpretation of the plans and specifications, and the acceptable fulfillment of the

Agreement, in his or her sole discretion, based upon both the requirements set forth by City

and the information provided by Contractor in its Proposal. The authority vested in the

Project Manager pursuant to this paragraph shall be confined to the direction or specification

of what is to be performed under this Agreement and shall not extend to the actual execution

of the work.

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B. Neither the Project Manager’s review of Contractor’s work nor recommendations made by

Project Manager pursuant to this Agreement will impose on Project Manager any

responsibility to supervise, direct, or control Contractor’s work in progress or for the means,

methods, techniques, sequences, or procedures of construction or safety precautions or

programs incident Contractor’s furnishing and performing the work.

8. TERMINATION AND DEFAULT. Either party, upon determination that the other party has failed

or refused to perform or is otherwise in breach of any obligation or provision under this

Agreement or the Contract Document, may give written notice of default to the defaulting party

in the manner specified for the giving of notices herein. Termination of this Agreement by either

party for any reason shall have no effect upon the rights or duties accruing to the parties prior

to termination.

A. Termination by City for Cause. City shall have the right to terminate this Agreement

immediately, in whole or in part, upon the failure of Contractor to carry out any obligation,

term, or condition of this Agreement. City’s election to terminate the Agreement for default

shall be communicated by providing Contractor written notice of termination in the manner

specified for the giving of notices herein. Any notice of termination given to Contractor by

City shall be effective immediately, unless otherwise provided therein, upon the occurrence

of any one or more of the following events:

(1) Contractor fails to timely and properly perform any of the services set forth in the

specifications of the Agreement;

(2) Contractor provides material that does not meet the specifications of the Agreement;

(3) Contractor fails to complete the work required within the time stipulated in the

Agreement; or

(4) Contractor fails to make progress in the performance of the Agreement and/or gives City

reason to believe that Contractor cannot or will not perform to the requirements of the

Agreement.

B. Contractor’s Opportunity to Cure Default. City may, in its sole discretion, provide

Contractor with an opportunity to cure the violations set forth in City’s notice of default to

Contractor. Contractor shall commence to cure the violations immediately and shall

diligently and continuously prosecute such cure to completion within a reasonable time as

determined by City. If the violations are not corrected within the time determined to be

reasonable by City or to the reasonable satisfaction of City, City may, without further notice,

declare Contractor to be in breach of this Agreement and pursue all remedies available at

law or equity, to include termination of this Agreement without further notice.

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C. City’s Remedies Upon Contractor Default. In the event that Contractor fails to cure any

default under this Agreement within the time period specified in this section, City may pursue

any remedies available at law or equity, including, without limitation, the following:

(1) City shall be entitled to terminate this Agreement without further notice;

(2) City shall be entitled to hire another Contractor to complete the required work in

accordance with the needs of City;

(3) City shall be entitled to recover from Contractor all damages, costs, and attorney’s fees

arising from Contractor’s default prior to termination, to include the cost of any repair,

maintenance, or replacement to City water and wastewater facilities; and

(4) City shall be entitled to recovery from Contractor any actual excess costs by: (i) deduction

from any unpaid balances owed to Contractor; or (ii) any other remedy as provided by

law.

D. Termination for Convenience. City reserves the right to terminate this Agreement in whole

or in part at any time for the convenience of City without penalty or recourse. The Project

Manager shall provide written notice of the termination. Upon receipt of the notice,

Contractor shall immediately discontinue all work as directed in the notice, notify all

subcontractors of the effective date of the termination, and minimize all further costs to City

including, but not limited to, the placing of any and all orders for materials, facilities, or

supplies, in connection with its performance under this Agreement. Contractor shall be

entitled to receive compensation solely for: (1) the actual cost of the work completed in

conformity with this Agreement; and/or (2) such other costs incurred by Contractor as

permitted under this Agreement and approved by City.

9. WARRANTY. Contractor warrants that all labor, materials, and equipment furnished under the

agreement are new, of the type and quality required for the Project, and installed in a good and

workmanlike manner in accordance with the Contract Documents. Contractor shall guarantee

that the work shall be free from any defects in workmanship for a period of not less than ONE

(1) YEAR from the date of completion. Contractor shall guarantee that the materials provided

shall be free from any defects for the longer of: (i) ONE (1) YEAR from the date of installation;

or (ii) the period of warranty provided by any supplier or manufacturer. If defects occur which

are due to faulty material or services, the Contractor, at his expense, shall repair or adjust

the condition or replace the material to the satisfaction of the City of Ocala.

Any and all

written manufacturers’ warranties for materials supplied must be provided to the City’s Project

Manager before final payment will be authorized.

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10. PERFORMANCE EVALUATION. At the end of the contract, City may evaluate Contractor’s

performance. Any such evaluation will become public record.

11. NOTICE REGARDING FAILURE TO FULFILL AGREEMENT. Any Contractor who enters into an

Agreement with the City of Ocala and fails to complete the contract term, for any reason, shall

be subject to future bidding suspension for a period of one (1) year and bid debarment for a

period of up to three (3) years for serious contract failures.

12. CONTRACTOR REPRESENTATIONS. Contractor expressly represents that:

A. Contractor has read and is fully familiar with all the terms and conditions of this Agreement,

the Contract Documents, and other related data and acknowledges that they are sufficient

in scope and detail to indicate and convey understanding of all terms and conditions of the

work to be performed by Contractor under this Agreement.

B. Contractor has disclosed, in writing, all known conflicts, errors, inconsistencies, discrepancies,

or omissions discovered by Contractor in the Contract Documents, and that the City’s written

resolution of same is acceptable to Contractor.

C. Contractor is familiar with all local, state, and Federal laws, regulations, and ordinances which

may affect cost, progress, or its performance under this Agreement whatsoever.

D. Neither Contractor, its parent corporations, subsidiaries, members, shareholders, partners,

officers, directors or executives, nor any of its affiliates, Contractors, suppliers, subcontractors,

or consultants under this Agreement have been placed on the convicted vendor list following

a conviction of a public entity crime. Contractor understands that a “public entity crime” as

defined in section 287.133(1)(g), Florida Statutes, is “a violation of any state or federal law

by a person with respect to and directly related to the transaction of business with any

public entity or with an agency or political subdivision of any other state or with the United

States…” Contractor further understands that any person or affiliate who has been placed on

the convicted vendor list following a conviction for a public entity crime (1) may not submit

a bid, proposal, or reply on a contract: (a) to provide any goods or services to a public entity;

(b) for the construction or repair of a public building or public work; or (c) for leases of real

property to a public entity; (2) may not be awarded or perform work as a Contractor, supplier,

subcontractor, or consultant under a contract with any public entity; and (3) may not transact

business with any public entity in excess of the threshold amount provided in section

287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of

being placed on the convicted vendor list.

13. CONTRACTOR RESPONSIBILITIES. Except as otherwise specifically provided for in this

Agreement, the following provisions are the responsibility of the Contractor:

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A. Contractor shall competently and efficiently supervise, inspect, and direct all work to be

performed under this Agreement, devoting such attention thereto and applying such skills

and expertise as may be necessary to perform the work in accordance with the Contract

Documents.

B. Contractor shall be solely responsible for the means, methods, techniques, sequences,

procedures, and safety precautions or programs incident thereto.

C. Contractor shall be responsible to see that the finished work complies accurately with the

contract and the intent thereof.

D. Contractor shall comply with all local, state, and Federal laws, regulations, and ordinances

which may affect cost, progress, or its performance under this Agreement, and be responsible

for all costs associated with same.

E. Contractor shall continue its performance under this Agreement during the pendency of any

dispute or disagreement arising out of or relating to this Agreement, except as Contractor

and City may otherwise agree in writing.

14. NO EXCLUSIVITY. It is expressly understood and agreed by the parties that this is not an

exclusive agreement. Nothing in this Agreement shall be construed as creating any exclusive

arrangement with Contractor or as prohibit City from either acquiring similar, equal, or like

goods and/or services or from executing additional contracts with other entities or sources.

15. COMMERCIAL AUTO LIABILITY INSURANCE. Contractor shall procure and maintain, for the life

of this Agreement, commercial auto liability insurance covering all automobiles owned, non-

owned, hired, and scheduled by Contractor with a combined limit of not less than One Million

Dollars ($1,000,000) for bodily injury and property damage for each accident. Contractor shall

name City as an additional insured under the insurance policy.

16. RIGHT OF ACCESS AND OTHER WORK PERFORMED BY THIRD-PARTIES. City may perform

additional work related to the Project itself, or have additional work performed by utility service

companies, or let other direct contracts therefore which shall contain General Conditions similar

to these. Contractor shall afford the utility service companies and the other Contractors who are

parties to such direct contracts (or City, if City is performing the additional work with City’s

employees) reasonable opportunity for the introduction and storage of materials and equipment

and the execution of work and shall properly connect and coordinate his work with theirs.

A. If any part of Contractor's work depends for proper execution or results upon the work of

any such other Contractor or utility service company (or City), Contractor shall inspect and

promptly report to City in writing any latent or apparent defects or deficiencies in such work

that render it unsuitable for such proper execution and results. Contractor's failure to so

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report shall constitute an acceptance of the other work as fit and proper for integration with

Contractor’s work except for latent or non-apparent defects and deficiencies in the other

work.

B. Contractor shall do all cutting, fitting, and patching of work that may be required to make

the parts come together properly and integrate with such other work. Contractor shall not

endanger any work of others by cutting, excavating, or otherwise altering their work, and

will only cut or alter their work with the written consent of City.

17. STORAGE OF MATERIALS/EQUIPMENT. Contractor shall be fully responsible for receipt,

inspection, acceptance, handling, and storage of equipment and materials (whether furnished

by Contractor or City) to be utilized in the performance of or incorporated into the work.

18. COMMERCIAL AUTO LIABILITY INSURANCE. Contractor shall procure and maintain, for the life

of this Agreement, commercial auto liability insurance covering all automobiles owned, non-

owned, hired, and scheduled by Contractor with a combined limit of not less than One Million

Dollars ($1,000,000) for bodily injury and property damage for each accident. Contractor shall

name City as an additional insured under the insurance policy

19. COMMERCIAL GENERAL LIABILITY INSURANCE. Contractor shall procure and maintain, for the

life of this Agreement, commercial general liability insurance with minimum coverage limits not

less than:

A. One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)

aggregate limit for bodily injury, property damage, and personal and advertising injury; and

B. One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000)

aggregate limit for products and completed operations.

C. Coverage for contractual liability is also required.

D. City, a political subdivision of the State of Florida, and its officials, employees, and volunteers

shall be covered as an additional insured with a CG 20 26 04 13 Additional Insured –

Designated Person or Organization Endorsement or similar endorsement providing equal or

broader Additional Insured Coverage regarding liability arising out of activities performed

by or on behalf of Contractor. The coverage shall contain no special limitation on the scope

of protection afforded to City, its officials, employees, or volunteers.

20. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY. Contractor shall procure and

maintain, for the life of this Agreement, Workers’ Compensation insurance and employer’s

liability insurance in amounts required by applicable statutes. Contractor shall ensure any and

all subcontractors have coverage as required by applicable statutes. Contractor is not required

to name City as an additional insured under the policies, but a subrogation waiver endorsement

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is required. Exceptions and exemptions may be allowed by City’s HR/Risk Director, so long as

they are in accordance with Florida Statute.

21. MISCELLANEOUS INSURANCE PROVISIONS.

A. Insurance Requirements. These insurance requirements shall not relieve or limit the liability

of Contractor. City does not in any way represent that these types or amounts of insurance

are sufficient or adequate to protect Contractor’s interests or liabilities, but are merely

minimums. No insurance is provided by the City under this contract to cover Contractor. No

work shall be commenced under this contract until the required Certificate(s) of

Insurance have been provided. Work shall not continue after expiration (or cancellation) of

the Certificates of Insurance and shall not resume until new Certificate(s) of Insurance have

been provided. Insurance written on a “Claims Made” form is not acceptable without

consultation with City of Ocala Risk Management.

B. Deductibles. Contractor’s deductibles/self-insured retentions shall be disclosed to the City

and may be disapproved by City. Contractor is responsible for the amount of any deductible

or self-insured retention.

C. Certificates of Insurance. Contractor shall provide a Certificate of insurance, issued by an

agency authorized to do business in the State of Florida and with an A.M. Best rating* of at

least an A, showing the “City of Ocala” as an Additional Insured. Shown on the certificate

at the certificate holder should be: City of Ocala, Contracting Department, Third Floor,

110 SE Watula Avenue, Ocala, FL 34471. Renewal certificates must also be forwarded to

the Contracting Department prior to the policy expiration. TEN (10) days written notice

must be provided to the City in the event of cancellation.

*Non-rated insurers must be pre-approved by the City Risk Manager.

D. Failure to Maintain Coverage. In the event Contractor fails to disclose each applicable

deductible/self-insured retention or obtain or maintain in full force and effect any insurance

coverage required to be obtained by Contractor under this Agreement, Contractor shall be

considered to be in default of this Agreement.

E. Severability of Interests. Contractor shall arrange for its liability insurance to include General

Liability, Business Automobile Liability, and Excess/Umbrella Insurance, or to be endorsed to

include a severability of interests/cross liability provision so that the “City of Ocala” (where

named as an additional insured) will be treated as if a separate policy were in existence, but

without increasing the policy limits.

22. SAFETY/ENVIRONMENTAL. Contractor shall be responsible for initiating, maintaining, and

supervising all safety precautions and programs in connection with the work. Contractor shall

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take all necessary precautions for the safety of, and shall provide the necessary protection to

prevent damage, injury, or loss to:

A. All employees on the work and other persons that may be affected thereby;

B. All work, materials and equipment to be incorporated therein, whether in storage on or off

the site; and

C. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,

pavements, roadways, structures, and utilities.

All, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor,

any subcontractor, or anyone directly or indirectly employed by any of them, or anyone for

whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and

responsibilities for the safety and protection of the work shall continue until such time as the

work is completed and accepted by City.

23. TRAFFIC CONTROL AND BARRICADES. Contractor shall mitigate impact on local traffic

conditions to all extents possible. Contractor is responsible for establishing and maintaining

appropriate traffic control and barricades. Contractor shall provide sufficient signing, flagging

and barricading to ensure the safety of vehicular and pedestrian traffic at all locations where

work is being done under this Agreement.

A. In addition to the requirements set forth in bid, Contractor shall maintain at all times a good

and sufficient fence, railing or barrier around all exposed portions of said work in such a

manner as to warn vehicular and pedestrian traffic of hazardous conditions.

B. Should Contractor fail to properly barricade his work or stored material sites in the manner

outlined above, the City may have the necessary barricading done, and all cost incurred for

said barricading shall be charged to Contractor.

24. WORK SITE AND CLEANUP. Daily, during the progress of the work, Contractor shall keep the

premises free from accumulations of waste materials, rubbish, and all other debris resulting from

the work. At the completion of the work, Contractor shall remove all waste materials, rubbish,

and debris from and about the premises, as well as all tools, appliances, construction equipment

and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by

City. Contractor shall provide an inventory listing of all surplus materials in an area designated

by City. Contractor shall restore to their original condition those portions of the site not

designated or alteration by the Contract.

25. NON-DISCRIMINATORY EMPLOYMENT PRACTICES. During the performance of the contract,

the Contractor shall not discriminate against any employee or applicant for employment because

of race, color, religion, ancestry, national origin, sex, pregnancy, age, disability, sexual orientation,

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gender identity, marital or domestic partner status, familial status, or veteran status and shall

take affirmative action to ensure that an employee or applicant is afforded equal employment

opportunities without discrimination. Such action shall be taken with reference to, but not limited

to: recruitment, employment, termination, rates of pay or other forms of compensation and

selection for training or retraining, including apprenticeship and on-the-job training.

26. SUBCONTRACTORS. Nothing in this Agreement shall be construed to create, impose, or give

rise to any duty owed by City or its representatives to any subcontractor of Contractor or any

other persons or organizations having a direct contract with Contractor, nor shall it create any

obligation on the part of City or its representatives to pay or seek payment of any monies to

any subcontractor of Contractor or any other persons or organizations having a direct contract

with Contractor, except as may otherwise be required by law. City shall not be responsible for

the acts or omissions of any vendor, subcontractor, or of any of their agents or employees. nor

shall it create any obligation on the part of City or its representatives to pay or to seek the

payment of any monies to any subcontractor or other person or organization, except as may

otherwise be required by law.

27. EMERGENCIES. In an emergency affecting the welfare and safety of life or property, Contractor,

without special instruction or authorization from the City Project Manager, is hereby permitted,

authorized and directed to act at its own discretion to prevent threatened loss or injury. Except

in the case of an emergency requiring immediate remedial work, any work performed after

regular working hours, on Saturdays, Sundays or legal holidays, shall be performed without

additional expense to the City unless such work has been specifically requested and approved

by the City Project Manager. Contractor shall be required to provide to the City Project Manager

with the names, addresses and telephone numbers of those representatives who can be

contacted at any time in case of emergency. Contractor’s emergency representatives must be

fully authorized and equipped to correct unsafe or excessively inconvenient conditions on short

notice by City or public inspectors.

28. INDEPENDENT CONTRACTOR STATUS. Contractor acknowledges and agrees that under this

Agreement, Contractor and any agent or employee of Contractor shall be deemed at all times

to be an independent contractor and shall be wholly responsible for the manner in which it

performs the services and work required under this Agreement. Neither Contractor nor its

agents or employees shall represent or hold themselves out to be employees of City at any

time. Neither Contractor nor its agents or employees shall have employee status with City.

Nothing in this Agreement shall constitute or be construed to create any intent on the part of

either party to create an agency relationship, partnership, employer-employee relationship, joint

venture relationship, or any other relationship which would allow City to exercise control or

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discretion over the manner or methods employed by Contractor in its performance of its

obligations under this Agreement.

29. ACCESS TO FACILITIES. City shall provide Contractor with access to all City facilities as is

reasonably necessary for Contractor to perform its obligations under this Agreement.

30. ASSIGNMENT. Neither party may assign its rights or obligations under this Agreement to any

third party without the prior express approval of the other party, which shall not be unreasonably

withheld.

31. RIGHT OF CITY TO TAKE OVER CONTRACT. Should the work to be performed by Contractor

under this Agreement be abandoned, or should Contractor become insolvent, or if Contractor

shall assign or sublet the work to be performed hereunder without the written consent of City,

the City Project Manager shall have the power and right to hire and acquire additional men and

equipment, supply additional material, and perform such work as deemed necessary for the

completion of this Agreement. Under these circumstances, all expenses and costs actually

incurred by City to accomplish such completion shall be credited to City along with amounts

attributable to any other elements of damage and certified by the Project Manager. The Project

Manager’s certification as to the amount of such liability shall be final and conclusive.

32. PUBLIC RECORDS. Contractor shall comply with all applicable provisions of the Florida Public

Records Act, Chapter 119, Florida Statutes. Specifically, Contractor shall:

A. Keep and maintain public records required by the public agency to perform the service.

B. Upon request from the public agency’s custodian of public records, provide the public

agency 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

the contract term and following completion of the contract if Contractor does not transfer

the records to the public agency.

D. Upon completion of the contract, transfer, at no cost, to the public agency all public records

in possession of Contractor or keep and maintain public records required by the public

agency to perform the service. If Contractor transfers all public records to the public agency

upon completion of the contract, Contractor shall destroy any duplicate public records that

are exempt or confidential and exempt from public records disclosure requirements. If

Contractor keeps and maintains public records upon completion of the contract, Contractor

shall meet all applicable requirements for retaining public records. All records stored

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electronically must be provided to the public agency, upon request from the public agency’s

custodian of public records, in a format that is compatible with the information technology

systems of the public agency.

IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’S DUTY TO

PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT

THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF OCALA, OFFICE OF

THE CITY CLERK; 352-629-8266; E-mail: clerk@ocalafl.org

; City Hall, 110

SE Watula Avenue, Ocala, FL 34471.

33. AUDIT. Contractor shall comply and cooperate immediately with any inspections, reviews,

investigations, or audits relating to this Agreement as deemed necessary by the Florida Office

of the Inspector General, the City’s Internal or External auditors or by any other Florida official

with proper authority.

34. PUBLICITY. Contractor shall not use City’s name, logo, seal or other likeness in any press release,

marketing materials, or other public announcement without City’s prior written approval.

35. E-VERIFY. In accordance with Executive Order 11-116, Contractor shall utilize the U.S. Agency

of Homeland Security’s E-Verify system, https://e-verify.uscis.gov/emp

, to verify the employment

eligibility of all employees hired during the term of this Agreement. Contractor shall also require

all subcontractors performing work under this Agreement to utilize the E-Verify system for any

employees they may hire during the term of this Agreement.

36. CONFLICT OF INTEREST. Contractor must have disclosed with the submission of their bid, the

name of any officer, director, or agent who may be employed by City. Contractor must disclose

the name of any City employee who owns, directly or indirectly, any interest in Contractor or

any affiliated business entity. Any additional conflicts of interest that may occur during the

contract term must be disclosed to the City of Ocala Procurement Department.

37. WAIVER. The failure or delay of any party at any time to require performance by another party

of any provision of this Agreement, even if known, shall not affect the right of such party to

require performance of that provision or to exercise any right, power or remedy hereunder. Any

waiver by any party of any breach of any provision of this Agreement should not be construed

as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision

itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand

on any party in any circumstance shall, of itself, entitle such party to any other or further notice

or demand in similar or other circumstances.

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38. SEVERABILITY OF ILLEGAL PROVISIONS. Wherever possible, each provision of this Agreement

shall be interpreted in such a manner as to be effective and valid under the applicable law.

Should any portion of this Agreement be declared invalid for any reason, such declaration shall

have no effect upon the remaining portions of this Agreement.

39. INDEMNITY. Contractor shall indemnify City and its elected officials, employees and volunteers

against, and hold City and its elected officials, employees and volunteers harmless from, all

damages, claims, losses, costs, and expenses, including reasonable attorneys’ fees, which City or

its elected officials, employees or volunteers may sustain, or which may be asserted against City

or its elected officials, employees or volunteers, arising out of the activities contemplated by this

Agreement including, without limitation, harm or personal injury to third persons during the

term of this Agreement to the extent attributable to the actions of Contractor, its agents, and

employees.

40. NO WAIVER OF SOVEREIGN IMMUNITY. Nothing herein is intended to waive sovereign

immunity by the City to which sovereign immunity may be applicable, or of any rights or limits

of liability existing under Florida Statute § 768.28. This term shall survive the termination of all

performance or obligations under this Agreement and shall be fully binding until any proceeding

brought under this Agreement is barred by any applicable statute of limitations.

41. NOTICES. All notices, certifications or communications required by this Agreement shall be given

in writing and shall be deemed delivered when personally served, or when received if by facsimile

transmission with a confirming copy mailed by registered or certified mail, postage prepaid,

return receipt requested. Notices can be concurrently delivered by e-mail. All notices shall be

addressed to the respective parties as follows:

If to Contractor: Charles White Fence, Inc.

Attn: Charles White

6828 NE Jacksonville Road

Ocala, Florida 34479

Phone: (352) 369-9592

E-mail: cwhitefence@hotmail.com

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If to City of Ocala: Tiffany Kimball, Contracting Officer

110 SE Watula Avenue, 3rd Floor

Ocala, Florida 34471

Phone: 352-629-8366 Fax: 352-690-2025

E-mail: tkimball@ocalafl.org

Copy to: Patrick G. Gilligan, Esquire

Gilligan, Gooding, Franjola & Batsel, P.A.

1531 SE 36

Avenue

Ocala, Florida 34471

Phone: 352-867-7707 Fax: 352-867-0237

E-mail: pgilligan@ocalalaw.com

42. ATTORNEYS' FEES. If any civil action, arbitration or other legal proceeding is brought for the

enforcement of this Agreement, or because of an alleged dispute, breach, default or

misrepresentation in connection with any provision of this Agreement, the successful or

prevailing party shall be entitled to recover reasonable attorneys' fees, sales and use taxes, court

costs and all expenses reasonably incurred even if not taxable as court costs (including, without

limitation, all such fees, taxes, costs and expenses incident to arbitration, appellate, bankruptcy

and post-judgment proceedings), incurred in that civil action, arbitration or legal proceeding, in

addition to any other relief to which such party or parties may be entitled. Attorneys' fees shall

include, without limitation, paralegal fees, investigative fees, administrative costs, sales and use

taxes and all other charges reasonably billed by the attorney to the prevailing party.

43. JURY WAIVER.

IN ANY CIVIL ACTION, COUNTERCLAIM, OR PROCEEDING,

WHETHER AT LAW OR IN EQUITY, WHICH ARISES OUT OF, CONCERNS, OR

RELATES TO THIS AGREEMENT, ANY AND ALL TRANSACTIONS CONTEMPLATED

HEREUNDER, THE PERFORMANCE HEREOF, OR THE RELATIONSHIP CREATED

HEREBY, WHETHER SOUNDING IN CONTRACT, TORT, STRICT LIABILITY, OR

OTHERWISE, TRIAL SHALL BE TO A COURT OF COMPETENT JURISDICTION AND

NOT TO A JURY. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY

HAVE TO A TRIAL BY JURY. NEITHER PARTY HAS MADE OR RELIED UPON ANY

ORAL REPRESENTATIONS TO OR BY ANY OTHER PARTY REGARDING THE

ENFORCEABILITY OF THIS PROVISION. EACH PARTY HAS READ AND

UNDERSTANDS THE EFFECT OF THIS JURY WAIVER PROVISION.

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44. GOVERNING LAW. This Agreement is and shall be deemed to be a contract entered and made

pursuant to the laws of the State of Florida and shall in all respects be governed, construed,

applied and enforced in accordance with the laws of the State of Florida.

45. JURISDICTION AND VENUE. The parties acknowledge that a majority of the negotiations,

anticipated performance and execution of this Agreement occurred or shall occur in Marion

County, Florida. Any civil action or legal proceeding arising out of or relating to this Agreement

shall be brought only in the courts of record of the State of Florida in Marion County or the

United States District Court, Middle District of Florida, Ocala Division. Each party consents to the

exclusive jurisdiction of such court in any such civil action or legal proceeding and waives any

objection to the laying of venue of any such civil action or legal proceeding in such court and/or

the right to bring an action or proceeding in any other court. Service of any court paper may

be effected on such party by mail, as provided in this Agreement, or in such other manner as

may be provided under applicable laws, rules of procedures or local rules.

46. REFERENCE TO PARTIES. Each reference herein to the parties shall be deemed to include their

successors, assigns, heirs, administrators, and legal representatives, all whom shall be bound by

the provisions hereof.

47. MUTUALITY OF NEGOTIATION. Contractor and City acknowledge that this Agreement is a

result of negotiations between Contractor and City, and the Agreement shall not be construed

in favor of, or against, either party because of that party having been more involved in the

drafting of the Agreement.

48. SECTION HEADINGS. The section headings herein are included for convenience only and shall

not be deemed to be a part of this Agreement.

49. RIGHTS OF THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended

to confer any rights or remedies under or because of this Agreement on any persons other than

the parties hereto and their respective legal representatives, successors and permitted assigns.

Nothing in this Agreement is intended to relieve or discharge the obligation or liability of any

third persons to any party to this Agreement, nor shall any provision give any third persons any

right of subrogation or action over or against any party to this Agreement.

50. AMENDMENT. No amendment to this Agreement shall be effective except those agreed to in

writing and signed by both parties to this Agreement.

51. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be an

original and all of which shall constitute the same instrument.

52. ELECTRONIC SIGNATURE(S). Contractor, if and by offering an electronic signature in any form

whatsoever, will accept and agree to be bound by said electronic signature to all terms and

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conditions of this Agreement. Further, a duplicate or copy of the Agreement that contains a

duplicated or non-original signature will be treated the same as an original, signed copy of this

original Agreement for all purposes.

53. ENTIRE AGREEMENT. This Agreement, including exhibits, (if any) constitutes the entire

Agreement between the parties hereto with respect to the subject matter hereof. There are no

other representations, warranties, promises, agreements or understandings, oral, written or

implied, among the Parties, except to the extent reference is made thereto in this Agreement.

No course of prior dealings between the parties and no usage of trade shall be relevant or

admissible to supplement, explain, or vary any of the terms of this Agreement. No

representations, understandings, or agreements have been made or relied upon in the making

of this Agreement other than those specifically set forth herein.

54. LEGAL 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 to bind and obligate such party with respect to all provisions

contained in this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on _______________________.

ATTEST:

______________________________________

Angel B. Jacobs

City Clerk

Approved as to form and legality:

______________________________________

Robert W. Batsel, Jr.

Assistant City Attorney

CITY OF OCALA

________________________________________

Sandra Wilson

City Manager

CHARLES WHITE FENCE, INC.

__________________________________________

By: ______________________________________

(Printed Name)

Title: ____________________________________

(Vice President or higher)

07 / 01 / 2020

Charles White

Owner

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Exhibit A – Scope of Work CONTRACT# COO/200194

A-1

Contractor will provide all materials, labor and equipment necessary to complete new fencing

installations as ordered. All work performed under this Contract will be on an as‐needed

basis. Upon removal of existing fencing, the City reserves the option to retain fencing removed

by Contractor.

Prior to work beginning, the Contractor will be required to provide a written estimate of the

cost using the awarded line item prices. Upon completion of each individual project, the

Contractor will submit a detailed invoice to include all itemized materials, and work

performed to complete the project.

Working Hours

All work will be done between the hours of 7:00 a.m. and 5:00 P.M., Monday through Friday.

There will be no work on City observed holidays or weekends, without written permission.

Written Quotes

The Contractor shall submit a detailed written estimate of the proposed services with contract

line items clearly noted prior to any work being performed by the Contractor. Written quotes

shall be submitted within three (3) days of the initial request by the City. The Contractor shall

submit an itemized not-to-exceed price, giving a full description of the project for each project

covered by this Contract.

Written quotes shall list the location name and address. The project estimate shall list each

and every item per specifications, i.e., items and quantity, and all hardware items used. Each

quote shall be submitted with a clear sketch or drawing indicating work being quoted showing

distance, and direction and swing of any gates (if applicable).

Damage

The Contractor shall carry out work with care and methods to prevent damage to public or

private property adjacent to the work. Should any public or private property be damaged or

destroyed, the Contractor, at his expense, shall repair or make restoration as is practical and

acceptable to the City no later than ONE (1) MONTH from the date damage occurred.

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A-2

Execution of Work

A. The Contractor shall be responsible for performing the work necessary to meet the City

standards in a safe, neat, and high-quality workmanlike manner using only accepted

methods in carrying out the work and complying with all Federal, State, and Local laws.

B. All furnishings and equipment shall be placed back in the original locations. All work areas

must be returned to original condition. The Contractor shall clean and remove from the

premises, all surplus and discarded materials, rubbish, and temporary structures, and shall

restore in an acceptable manner all property, both public and private, which has been

damaged during the work, and shall have the work site in a neat and presentable condition.

Note : Any and all debris shall be removed from the premises – new construction debris,

trash, etc., shall not be left or buried on site.

C. The City reserves the right to purchase any materials for the Contractor to use. The

Contractor shall not charge a mark-up fee for material furnished by the City.

D. Installation shall be in compliance with all requirements and instructions of applicable

manufacturer.

E. Installation shall be done in a neat workman-like manner. The fence shall follow the natural

contour of the ground (no gaps under fence) in a straight line from one point (corner) to

another unless otherwise noted on the drawing. Fence posts shall be plumb and the top

rails shall be attached in a manner that forms a smooth horizontal alignment.

F. The Contractor shall be responsible for the provision of adequate and proper safety

precautions for both the workmen and all persons in or around the work area.

G. All vehicles must have the company logo visible on the outside of the vehicle. All workers

must wear a company shirt or name badge with the company name.

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Exhibit A – Scope of Work CONTRACT# COO/200194

A-3

Guarantee

Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and

workmanship on all materials for a minimum of one (1) year or the manufacturer's warranty,

whichever is greater. If defects occur which are due to faulty material or services, the

Contractor, at his expense, shall repair or adjust the condition or replace the material to the

satisfaction of the City of Ocala.

Specifications

A. Material

1. All materials for chain-link fencing shall conform to the American Society for Testing

and Materials (ASTM) Standards. No advertising signage, impression, stamp, or mark

of any description will be permitted on the fence.

2. Black Polyvinyl chloride (PVC) coated steel chain link fence fabric shall conform to the

requirements of ASTM F 668.

3. The PVC coating shall be Class 2A, extruded and adhered.

4. The PVC color shall be as indicated and conform to ASTM F 934.

B. Post Footing

All sections – posts pricing should include concrete footings.

C. Gate Construction

1. Gate frames shall be welded at joints to provide a rigid watertight construction, with

welds ground smooth. Internal bracing shall be provided as required to eliminate

racking and make the frame rigid, consisting of 1-5/8” tubular steel pipe with 3/8”

adjustable truss rods. Welded areas shall have one (1) coat of zinc oxide pimer on

area.

2. Gate fabric shall always match the specified fence fabric. The fabric shall be tied to the

gate frame at intervals of no more than fifteen (15”) inches apart.

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Exhibit A – Scope of Work CONTRACT# COO/200194

A-4

3. Gate hinges shall be “bulldog” type and shall be of adequate strength for the gate. No

sagging gates will be accepted.

D. Installation

Line Posts: Shall be spaced a maximum of 10'-0”.

E. Anchorage

1. All line post to be set in concrete foundations in the ground to a minimum depth of

eighteen (18”) inches for a four (4’) foot fence and twenty-four (24”) inches for a six

(6’) foot fence.

2. All corner, end or pull posts to be set in concrete foundations in the ground to a

minimum depth of thirty-six (36”) for a four (4’) and six (6’) foot fence. All foundations

shall extend approximately two (2”) above grade and will be crowned to shed water

away from posts. Diameter of the foundation shall be a minimum of (9”) inches, except

for gate posts on which the minimum diameter shall be three (3) times the outside

diameter of the gate post, and corner, end or pull posts on which the minimum

diameter shall be twelve (12”) inches.

3. The concrete used in the foundation furnished by a ready-mix with a minimum

strength of 2,500 P.S.I. In the event a pre-mixed foundation material is unavailable, the

use of a 1:2:4 mix of concrete with the stone no smaller than ¼” size may be used.

F. Top Rail

Shall be continuous for full length of fence and shall pass through openings in fittings for

that purpose on the line post tops. Each length shall be coupled with expansion sleeves

and means of rail ends and brace bands.

G. Gates

Gates frames measuring over 6’0 shall have crossed, diagonal truss rods installed in each

panel. Fence fabric shall be fastened in the frames or panels on all edges by use of suitable

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Exhibit A – Scope of Work CONTRACT# COO/200194

A-5

tension band stretch bars. Latches shall be provided for all gates, and shall be of plunger

rod, forked latch type with provisions for padlocking.

H. Braces

1. Horizontal brace rails shall be provided on each terminal, corner and gate post midway

between top rail and ground; and should extend from these posts to the first adjacent

line post fastened with brace bands and/ or rail ends and brace bands. Diagonal brace

rods shall be trussed from the brace end on the line post back to the terminal, corner

or gate post and shall be provided with tightener or turnbuckle.

Pull post shall be used at breaks in vertical grades fifteen (15) degrees or more, or at

approximately 330’ centers except maximum interval may be reduced on curves where

the degree of curve is greater than (3) degrees.

F. Fabric

1. Shall be fastened to line post with fabric bands at a maximum of twelve (12”) inch

intervals. Fabric shall be fastened to the top rail by single wrap of #9 gauge aluminum

wire. Fabric shall be fastened to the terminal, corner or gate posts by use of stretcher

bars tension bands which shall be fastened to the posts by bands spaced a maximum

of fifteen (15”) inches.

2. Chain link fabric shall be stretched tightly to eliminate sages and buckles, and shall be

placed with top salvage barbs projecting above top rail and with bottom salvage not

more than two (2”) inches above grade.

3. Completed fence installation shall be free standing and without buckles and kinks, set

accurately to line, and be true, plumb rigid.

G. Grounding

Wherever a power line passes over the fence a ground shall be installed directly below

the point of crossing. The ground rod shall consist of a copper or galvanized rod, with

connection of similar metal if required, or of other appropriate material, eight (8’) feet in

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A-6

length and at least five-eight (5/8”) inch in diameter. The rod shall be driven vertically until

the top of the rod is approximately six (6”) inches below the ground surface. A No. #6

conductor shall be used to connect the rod and all fence elements. The conductor shall

be connected to each fence element and ground rod by means of electrical-type clamps

which will prevent corrosion.

Utility Locating

The Contractor is responsible for contacting the utility location service and verifying

completion of inspection prior to commencing work. Stipulations regarding entrance electrical

service and rights-of-way are to be referred to the Director of the corresponding City of Ocala

Department.

Lead Time

The maximum acceptable lead time on materials is two (2) weeks. The City shall issue a Notice

to Proceed (NTP) upon notification of receipt materials by Contractor.

Emergencies

Any emergency situations must be reported immediately to the Safety Manager, Ryan Phillips,

Mobile (352) 572-0414, and followed up with an email at [email protected]

If a natural disaster occurs, the City of Ocala will be first priority for any emergency repair that

may harm any person or property. The City Manager will determine what constitutes a disaster.

The Contractor must respond to a call for emergency work within two (2) hours.

Doc ID: 1fa9658cead9ff19609c1a14e20ccb83d8ff7593

1 4’ FENCE / 2” LINE POST / 1 5/8” TOP RAIL LF $9.00

2 6’ FENCE / 2” LINE POST / 1 5/8” TOP RAIL LF $12.50

3 6’ FENCE / 2” LINE POST / 7 GA. TOP & BOTTOM WIRE LF $9.00

4 6’ FENCE / 2” LINE POST / 1 5/8” TOP RAIL W/7GA. BOTTOM WIRE LF $13.00

5 8’ FENCE / 2” LINE POST / 1 5/8” TOP RAIL LF $13.25

6 8’ FENCE / 2” LINE POST/ 1 5/8” TOP RAIL W/7 GA. BOTTOM WIRE LF $13.75

7 8’ FENCE / 2” LINE POST / 7 GA.TOP & BOTTOM TENSION WIRE LF $12.75

8 10’ FENCE / 2” LINE POST, 1 5/8” TOP RAIL LF $17.00

9 10’ FENCE / 2” TOP, MID. & BOTTOM RAIL LF $19.00

10’ FENCE / 2” TOP, MID. & BOTTOM RAIL W/ 7GA. BOTTOM

TENSION WIRE

LF $21.00

11 12’ FENCE / 2” LINE POST, 1 5/8” TOP RAIL LF $22.00

12 12’ FENCE / 2” TOP, MID. & BOTTOM RAIL LF $27.00

12’ FENCE / 2” TOP, MID. & BOTTOM RAIL W/ 7GA. BOTTOM

TENSION WIRE

LF $13.00

14 6’ POST X 2 ½” EA $28.00

15 6’ POST X 3” EA $38.00

16 8’ POST X 2 ½” EA $38.00

17 8’ POST X 3” EA $50.00

18 10’ POST X 2 ½” EA $48.00

19 10’ POST X 3” EA $63.00

20 12’ POST X 3” EA $68.00

21 12’ POST X 2 ½” EA $80.00

22 14’ POST X 2 ½” EA $85.00

23 1 5/8” SCHEDULE 40 BRACE & 3/8” –TRUSS ASSEMBLY EA $25.00

24 7’ POST X 2 ½” EA $35.00

25 7’ POST X 3” EA $40.00

Exhibit B - Price Proposal

Charles White Fence, Inc

Item # Description UOM Price

LABOR AND MATERIAL INCLUDED FOR ALL LINE ITEMS

Four (4’) FT. Chain Link Fence - (Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Six (6’) FT. Chain Link Fence - (Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Eight (8’) FT. Chain Link Fence - (Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Ten (10’) FT. Chain Link Fence - (Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Ten (12’) FT. Chain Link Fence - (Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

End and Corner Posts - (Schedule 40)

GATE POSTS - With All Caps, Bands - (Schedule 40)

Doc ID: 1fa9658cead9ff19609c1a14e20ccb83d8ff7593

Item # Description UOM Price

26 9’ POST X 2 ½” EA $50.00

27 9’ POST X 3” EA $65.00

28 9’ POST X 4” EA $90.00

29 11’ POST X 2 ½” EA $90.00

30 11’ POST X 3” EA $105.00

31 11’ POST X 4” EA $150.00

32 13’ POST 3” EA $125.00

33 13’ POST 4” EA $150.00

34 1 5/8” SCHEDULE 40 BRACE & 3/8” TRUSS ROD & ASSEMBLY EA $25.00

35 4’ S/S GATE, FAB. BRACED & TRUSSED EA $195.00

36 5’ S/S GATE, FAB. BRACED & TRUSSED EA $208.00

37 6’ S/S GATE, FAB. BRACED & TRUSSED EA $223.00

38 8’ S/S GATE, FAB BRACED & TRUSSED EA $278.00

39 10’ S/S GATE, FAB BRACED & TRUSSED EA $307.00

40 12’ S/S GATE, FAB BRACED & TRUSSED EA $334.00

41 8’ DD GATE, FAB, BRACED & TRUSSED EA $350.00

42 10’ DD GATE, FAB, BRACED & TRUSSED EA $378.00

43 12’ DD GATE, FAB, BRACED & TRUSSED EA $406.00

44 14’ DD GATE, FAB, BRACED & TRUSSED EA $491.00

45 16’ DD GATE, FAB, BRACED & TRUSSED EA $518.00

46 4’ SS GATE, BRACED & TRUSSED EA $255.00

47 5’ SS GATE, BRACED & TRUSSED EA $275.00

48 6’ SS GATE, BRACED & TRUSSED EA $296.00

49 8’ SS GATE, BRACED & TRUSSED EA $337.00

50 10’ SS GATE, BRACED & TRUSSED EA $378.00

51 12’ SS GATE, BRACED & TRUSSED EA $490.00

52 8’ DD GATE, BRACED & TRUSSED EA $470.00

53 10’ DD GATE, BRACED & TRUSSED EA $511.00

54 12’ DD GATE, BRACED & TRUSSED EA $552.00

55 14’ DD GATE, BRACED & TRUSSED EA $593.00

56 16’ DD GATE, BRACED & TRUSSED EA $634.00

57 18’ DD GATE, BRACED & TRUSSED EA $675.00

GATE - Six (6') FT. High Fence - (1-5/8”, Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

GATE - Four (4') FT. Fence - (1-5/8”, Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Single Swing

Double Drive

Single Swing

Double Drive

Doc ID: 1fa9658cead9ff19609c1a14e20ccb83d8ff7593

Item # Description UOM Price

58 20’ DD GATE, BRACED & TRUSSED EA $715.00

59 22’ DD GATE, BRACED & TRUSSED EA $901.00

60 24’ DD GATE, BRACED & TRUSSED EA $940.00

61 4’ SS GATE, BRACED & TRUSSED EA $245.00

62 5’ SS GATE, BRACED & TRUSSED EA $270.00

63 6’ SS GATE, BRACED & TRUSSED EA $335.00

64 8’ SS GATE, BRACED & TRUSSED EA $379.00

65 10’ SS GATE, BRACED & TRUSSED EA $425.00

66 12’ SS GATE, BRACED & TRUSSED EA $560.00

67 4’ VINYL FABRIC, 9-GAUGE CORE STEEL LF $5.50

68 6’ VINYL FABRIC, 9-GAUGE CORE STEEL LF $7.00

69 8’ VINYL FABRIC, 9-GAUGE CORE STEEL LF $8.00

70 4’ VINYL COATED FENCE SYSTEM WITH LINE POST AND TOP RAIL LF $13.00

71 4’ VINYL COATED FENCE SYSTEM WITHOUT TOP RAIL LF $5.00

72 6’ VINYL COATED FENCE SYSTEM WITH LINE POST AND TOP RAIL LF $18.00

73 6’ VINYL COATED FENCE SYSTEM WITHOUT TOP RAIL LF $14.00

74 8’ VINYL COATED FENCE SYSTEM WITH LINE POST AND TOP RAIL LF $22.00

75 8’ VINYL COATED FENCE SYSTEM WITHOUT TOP RAIL LF $15.00

76 10’ VINYL COATED FENCE SYSTEM WITH LINE POST AND TOP RAIL LF $23.00

77 10’ VINYL COATED FENCE SYSTEM WITHOUT TOP RAIL LF $19.00

78 12’ VINYL COATED FENCE SYSTEM WITH LINE POST AND TOP RAIL LF $27.00

79 12’ VINYL COATED FENCE SYSTEM WITHOUT TOP RAIL LF $23.00

80 4’ VINYL COATED END PULL CORNER POST EA $43.00

81 6’ VINYL COATED END PULL CORNER POST EA $80.00

82 8’ VINYL COATED END PULL CORNER POST EA $100.00

83 10’ VINYL COATED END PULL CORNER POST EA $110.00

84 12’ VINYL COATED END PULL CORNER POST EA $120.00

85 6’ BLACK PVC TONGUE AND GROOVE FENCE LF $15.00

86 4’ X 4’ SINGLE VINYL COATED GATE EA $225.00

87 4’ X 6’ SINGLE VINYL COATED GATE EA $300.00

88 4’ X 8’ SINGLE VINYL COATED GATE EA $344.00

89 6’ X 4’ SINGLE VINYL COATED GATE EA $260.00

90 6’ X 6’ SINGLE VINYL COATED GATE EA $356.00

91 6’ X 8’ SINGLE VINYL COATED GATE

EA $407.00

92 8’ X 4’ SINGLE VINYL COATED GATE EA $331.00

GATE - Six (8') FT. High Fence - (1-5/8”, Schedule 40, Galvanized, 9 Gauge, 2” Mesh)

Single Swing

Black Vinyl Chain Link Fence

Doc ID: 1fa9658cead9ff19609c1a14e20ccb83d8ff7593

Item # Description UOM Price

93 8’ X 6’ SINGLE VINYL COATED GATE EA $411.00

94 8’ X 8’ SINGLE VINYL COATED GATE EA $470.00

95 12’ X 6’ HIGH VINYL COATED DOUBLE DRIVE GATE EA $675.00

96 BAG 6' HIGH BLACK SLATS BOX $125.00

97 BAG 8' HIGH BLACK SLATS BOX $125.00

98 3" EXTENDERS EA $20.00

99 2" EXTENDERS EA $20.00

100 8' BARS EA $5.00

101 8' BLACK VINYL WIRE LF $8.00

102 6’ WOOD STOCKADE (PRESSURE TREATED PINE) LF $15.00

103 4" x 4" x 8' PRESSURED TREATED POST EA $12.00

104 4" x 4" x 10' PRESSURED TREATED POST EA $22.00

105 4' WIDE X 6' HIGH SINGLE DRIVE TREATED WOOD GATE EA $125.00

106 16' WIDE X 6' HIGH DOUBLE DRIVE TREATED WOOD GATE EA $500.00

107

LABOR CHARGE FOR MISCELLANEOUS ADDITIONAL WORK NOT

INCLUDED IN LINES 1 – 106 (PER HOUR; PER MAN)

MAN

HOUR

$45.00

108

REMOVAL AND DISPOSAL OF OLD FENCE UP TO AND INCLUDING

6’ HIGH (INCLUDES LABOR)

LF $1.50

Miscellaneous Charges

Wood Fence

Doc ID: 1fa9658cead9ff19609c1a14e20ccb83d8ff7593

(Second Revision) For Review and Signature - Fencing...

FOR SIGNATURES (S...de Fencing Se.pdf

1fa9658cead9ff19609c1a14e20ccb83d8ff7593

MM / DD / YYYY

Completed

06 / 26 / 2020

15:56:31 UTC-5

Sent for signature to Robert W. Batsel, Jr.

([email protected]), Charles White Fence, Inc.

([email protected]), Sandra Wilson

([email protected]) and Angel B. Jacobs

([email protected]) from [email protected]

IP: 216.255.240.104

06 / 27 / 2020

08:34:41 UTC-5

Viewed by Robert W. Batsel, Jr. ([email protected])

IP: 216.255.247.51

07 / 01 / 2020

13:47:03 UTC-5

Viewed by Charles White Fence, Inc.

([email protected])

IP: 71.49.115.26

07 / 01 / 2020

13:58:02 UTC-5

Viewed by Sandra Wilson ([email protected])

IP: 216.255.240.104

07 / 01 / 2020

15:19:45 UTC-5

Viewed by Angel B. Jacobs ([email protected])

IP: 216.255.240.104

06 / 27 / 2020

08:35:45 UTC-5

Signed by Robert W. Batsel, Jr. ([email protected])

IP: 216.255.247.51

07 / 01 / 2020

13:47:23 UTC-5

Signed by Charles White Fence, Inc.

([email protected])

IP: 71.49.115.26

07 / 01 / 2020

13:58:53 UTC-5

Signed by Sandra Wilson ([email protected])

IP: 216.255.240.104

07 / 01 / 2020

15:20:11 UTC-5

Signed by Angel B. Jacobs ([email protected])

IP: 216.255.240.104

The document has been completed.07 / 01 / 2020

15:20:11 UTC-5

(Second Revision) For Review and Signature - Fencing...

FOR SIGNATURES (S...de Fencing Se.pdf

1fa9658cead9ff19609c1a14e20ccb83d8ff7593

MM / DD / YYYY

Completed