1883 All Rite FenceTO: City Clerk
RE: Request for Services
The item(s) noted below is/are attached and forwarded to your office for the following action(s):
Development Order
Final Plat (original mylars)
Letter of Credit
Maintenance Bond
Ordinance
Performance Bond
Resolution
❑ City Mayor's signature
® RecordingNault
❑ Rendering
❑ City Attorney's Signature
❑ City Clerk's Signature
Piggyback Contract — All -Rite Fence PBA 17/18-14
Once completed, please:
❑ Return original
❑ Return copy
Special Instructions:
Provided is an original fully executed copy of the above named contract for retention by the City
Clerk for their records.
Please advise if you have any questions regarding the above.
Thank you!
From
TADept_forms\City Clerk Transmittal Memo - 2009.doc
'
I
Date
Contract/Agreement Name:
Services
Approval:
Pur easing Mana e
Finan e hector
C Attorney
PBA 17/18-14
Piggyback with All -Rite Fence
Date
Date
'1-114
Date
All -Rite Fence Services, Inc. Piggyback Contract
(PBA 17/18-14)
The City of Sanford ("City") enters this "Piggyback" Contract with All -Rite Fence
Services, Inc. (hereinafter referred to as the "Vendor"), under the terms and conditions
hereinafter provided. The City and the Vendor agree as follows -
1 .
ollows:
1. The Purchasing Policy for the City of Sanford allows for
"piggybacking" contracts. Pursuant to this procedure, the City is allowed to
piggyback an existing government contract, and there is no need to obtain formal or
informal quotations, proposals or bids. The parties agree that the Vendor has
entered a contract with Seminole County, Florida, said contract being identified as
"Term Contract For Fence Parts, Repair And Installation Services (IFB-
602158/14/BJC)", (said original contract being referred to as the "original
government contract").
2. The original government contract documents are incorporated herein
by reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein.
3. Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows.-
a)
ollows:
a) Time Period ("Term") of this Contract: (state N/A if this is not
applicable). N/A.
b) Insurance Requirements of this Contract: (state N/A if this is not
applicable). N/A.
C)
EE
e)
f)
Any other provisions of the original government contract that
will be modified: (state NIA if this is not applicable). N/A.
Address change for the City: Notwithstanding the address and
contact information for the government entity as set out in the original
government contract, the Vendor agrees that he/she/it shall send notices,
invoices and shall conduct all business with the City to the attention of
City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida
32771. The City Manager's designated representative for this Contract is
Bilal Iftikhar, P.E., Public Works Director, City of Sanford, 300 North Park
Avenue; Sanford, Florida 32771, telephone number (407) 688-5000
(Extension 5421) and whose e-mail address is
BILAL.IFTIKHAR@Sanfordfl.gov.
Notwithstanding anything in the original government contract to
the contrary, the venue of any dispute will be in Seminole County, Florida.
Litigation between the parties arising out of this Contract shall be in
Seminole County, Florida in the Court of appropriate jurisdiction. The law
of Florida shall control any dispute between the parties arising out of or
related to this Contract, the performance thereof or any products or
services delivered pursuant to such Contract.
Notwithstanding any other provision in the original government
contract to the contrary, there shall be no arbitration with respect to any
dispute between the parties arising out of this Contract. Dispute resolution
shall be through voluntary and non-binding mediation, negotiation or
litigation in the court of appropriate jurisdiction in Seminole County,
Florida, with the parties bearing the costs of their own legal fees with
respect to any dispute resolution, including litigation.
g) All the services to be provided or performed shall be in
conformance with commonly accepted industry and professional codes and
standards, standards of the City, and the laws of any Federal, State or local
regulatory agency.
h) IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO
1Jc101TINIM01c1111091:19191 40140:41W-1,11191ITICetej9:1mime7-i"i�:7T�
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407)
688-5012, CYNTHIA PORTER, CITY CLERK, CITY OF
SANFORD, FLORIDA 32771, PORTERC a@SANFORDFL.GOV.
i) All other provisions in the original government contract are fully
binding on the parties and will represent the agreement between the City
and the Vendor.
Entered this 13th day of November, 2017.
Attest:
Steven D. Glidewell
Secretary/Treasurer
Attest -
All -Rite Fence Services, Inc., a
Florida corporation.
By -W GG
David Glidewell
President
Date: 11/13/2017
City of Sanford
By:
Cynthia Porter, City Clerk Norton N. Bo'naparte, 4., ICMA-CM
City Manage"r-----'
Date: " z -s-- /
Approved as to form and legal sufficiency.
tVilliarn L. Colbert City Att&n6y—
Exhibit "A"
[Attach original government contract]
TERM CONTRACT FOR FENCE PARTS, REPAIR AND INSTALLATION SERVICES
(IFB-602158-14/BJC)
THIS AGREEMENT is dated as of the --L day of M40( 20 AJ , by and
between ALL -RITE FENCE SERVICES, INC., duly authorized to conduct business in the
State of Florida, whose address is 5115 Olde Winter Garden Road, Orlando, Florida 32811,
hereinafter referred to as "CONTRACTOR", and SEMINOLE COUNTY, a political subdivision
of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street,
Sanford, Florida 32771, hereinafter referred to as "COUNTY".
WITNESSETH.
WHEREAS, COUNTY desires to retain the services of a competent and qualified
contractor to provide fence parts, repairs and installation services for Seminole County; and
WHEREAS, COUNTY has requested and received expressions of interest for the retention
of services of contractors; and
WHEREAS, CONTRACTOR is competent and qualified and desires to provide services
according to the terms and conditions stated herein,
NOW, THEREFORE, in consideration of the mutual understandings and covenants set
forth herein, COUNTY and CONTRACTOR agree as follows:
Section 1. Services. COUNTY does hereby retain CONTRACTOR to furnish materials
and services as further described in the Scope of Services attached hereto as Exhibit A and made a
part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation
package and all addenda thereto. Required materials and services shall be specifically enumerated,
described and depicted in the Purchase Orders authorizing purchase of specific materials and
Fence Parts, Repairs and Installation Services Chrk of
UM-602158-14/13JC Sunt)
Page 1 of 18
8Y
CERTIRED COPY
MARYANNE MORS
NrCourt a
tit, ftT vUIiI I I
services. This Agreement standing alone does not authorize the purchase of materials and services
or rewire COUNTY to place any orders for work.
Section 2. Term. This Agreement shall take effect on the date of its execution by
COUNTY and shall run for a period of three (3) years. At the sole option of COUNTY, this
Agreement may be renewed for two (2) successive periods not to exceed one (1) year each.
Expiration of the term of this Agreement shall have no effect upon Purchase Orders issued pursuant
to this Agreement and prior to the expiration date. Obligations entered therein by both parties shall
remain in effect until delivery and acceptance of the materials authorized by the Purchase Order.
The first three (3) moths of the initial term shall be considered probationary. During the
probationary period, COUNTY may immediately terminate this Agreement at any time, with or
without cause, upon written notice to CONTRACTOR.
Section 3. Authorization for Services. Authorization for provision of materials and
services by CONTRACTOR under this Agreement shall be in the form of written Purchase Orders
issued and executed by COUNTY. A sample Purchase Order is attached hereto as Exhibit B. Each
Purchase Order shall describe the materials and services required and shall state the dates for
delivery of materials and services and establish the amount and method of payment. The Purchase
Orders will be issued under and shall incorporate the teams of this Agreement. COUNTY makes no
covenant or promise as to the number of available Purchase Orders or that CONTRACTOR will
perform any Purchase Order for COUNTY during the life of this Agreement. COUNTY reserves
the right to contract with other parties for the services contemplated by this Agreement when it is
determined by COUNTY to be in the best interest of COUNTY to do so.
Section 4. Time for Completion. The materials and services to be provided by
CONTRACTOR shall be delivered, as specified in such Purchase Orders as may be issued
hereunder, within the time specified therein.
Fence Parts, Repairs and Installation services
IFB-602158-14BJC
Page 2 of 18
Section 5. Compensation. COUNTY agrees to compensate CONTRACTOR for the
professional services provided for under this Agreement on a Fixed Fee basis. When a Purchase
Order is issued for a Fixed Fee basis, then the applicable Purchase Order Fixed Fee amount shall
include any and all reimbursable expenses.
Section 6. Payment and Billing.
(a) CONTRACTOR shall supply all materials and services required by the Purchase
Order; but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount
stated within each Purchase Order.
(b) For Purchase Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the
amount due based on the percentage of total Purchase Order materials and services actually
provided; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount
equal to a percentage of the total services actually completed.
(c) Payments shall be made by COUNTY to CONTRACTOR when requested as
materials and services are furnished but not more than once monthly. Each Purchase Order shall be
invoiced separately. At the close of each calendar month, CONTRACTOR shall render to
COUNTY an itemized invoice, properly dated, describing any materials and services provided, the
cost of the materials and services therein, the name and address of CONTRACTOR, Purchase Order
Number, Contract Number and any other information required by this Agreement.
The originalinvoice and one (1) copy shall be sent to:
Director of County Finance
Seminole County Board of County Commissioners
Post Office Box 8080
Sanford, Florida 32772
Two (2) copies of the invoice shall be sent to:
Public Works/Roads-Stormwater Division
177 Bush Loop
Sanford, Florida 32773
Fence Parts, Repairs and Installation Services
IFB-602158-14/BJC
Page 3 of 18
(d) Upon review and approval of CONTRACTOR's invoice, COUNTY shall, in
accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes, pay
CONTRACTOR the approved amount.
Section 7. General Terms of Payment and Billing.
(a) Upon satisfactory performance of services required hereunder and upon acceptance
of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of
compensation provided for under the terms of this Agreement less any amount already paid by
COUNTY. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper
invoice.
(b) COUNTY may perform or have performed an audit of the records of
CONTRACTOR at any time during the term of this Agreement and after final payment to
support final payment hereunder. Audits will be performed at a time mutually agreeable to
CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined
subsequent to an audit as provided for in this Section and the total compensation so determined
shall be used to calculate final payment to CONTRACTOR. Conduct of this audit shall not
delay final payment as provided by subsection (a) a.
(c) CONTRACTOR agrees to maintain all books, documents, papers, accounting
records and other evidence pertaining to materials and services provided under this Agreement in
such a manner as will readily conform to the terms of this Agreement and to make such materials
available at CONTRACTOR's office at all reasonable times during the Agreement period and for
five (5) years from the date of final payment under the contract for audit or inspection as provided
for in subsection (b) of this Section.
(d) In the event any audit or inspection conducted after final payment but within the
period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the
Fence Parts, Repairs and Installation Services
IFB-602158-14/BJC
Page 4 of 18
terns of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty
(30) days of notice to CONTRACTOR by COUNTY.
Section 8. Responsibilities of CONTRACTOR Neither COUNTY's review, approval or
acceptance of, nor payment for any of the materials and services required shall be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY in
accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's
negligent or wrongful provision of any of the materials and services furnished under this
Agreement.
Section 9. Termination.
(a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or
any Purchase Order issued hereunder, in whole or in part, at any time, either for COUNTY's
convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon
receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless
the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports,
estimates, summaries and any and all such other information and materials of whatever type or
nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether
completed or in process.
(b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be
paid compensation for services performed to the date of termination.
(c) If the termination is due to the failure of CONTRACTOR to fiM its Agreement
obligations, COUNTY may take over the work and prosecute the same to completion by other
agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all
reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable
Fence Parts, Repairs and Installation Services
IFB-602158-14BJC
Page 5 of 18
for such additional costs if the failure to perform the Agreement arises without any fault or
negligence of CONTRACTOR; provided, however, that CONTRACTOR shall be responsible and
liable for the actions of its subcontractors, agents, employees, persons and entities of a similar type
or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its
sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather; but in every case the failure to perform must be beyond
the control and without any fault or negligence of CONTRACTOR.
(d) If after notice of termination for failure to fulfill its Agreement obligations it is
determined that CONTRACTOR had not so failed, the termination shall be conclusively deemed to
have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement
price shall be made as provided in subsection (b) of this Section.
(e) The rights and remedies of COUNTY provided for in this Section are in addition
and supplemental to any and all other rights and remedies provided by law or under this Agreement.
Section 10. Agreement and Purchase Order in Conflict. Whenever the terms of this
Agreement conflict with any Purchase Order issued pursuant to it, this Agreement shall prevail.
Section 11. Equal Opportunity Employment. CONTRACTOR agrees that it will not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age, disability or national origin and will take steps to ensure
that applicants are employed and employees are treated during employment without regard to race,
color, religion, sex, age, disability, or national origin. This provision shall include, but not be
limited to the following: employment, upgrading, demotion or transfer, recruitment advertising,
layoff or termination, rates of pay or other forms of compensation and selection for training
including apprenticeship.
Fence Parts, Repairs and Installation Services
IFB-602158-14ABJC
Page 6 of 18
u
Section 12. 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
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 award or making of this Agreement. For the breach or violation of this provision,
COUNTY shall have the right to terminate the Agreement at its sole discretion without liability and
to deduct from the Agreement price or otherwise recover the full amount of such fee, commission,
percentage, gift or consideration.
Section 13. Conflict of Interest.
(a) CONTRACTOR agrees that it will not contract for or accept employment for the
performance of any work or service with any individual, business, corporation or government unit
that would create a conflict of interest in the performance of its obligations pursuant to this
Agreement with COUNTY.
(b) CONTRACTOR agrees that it will neither take any action nor engage in ,any
conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida
Statutes, relating to ethics in government.
(c) In the event that CONTRACTOR causes or in any way promotes or encourages a
COUNTY officer, employee or agent to violate Chapter 1.12, Florida Statutes, COUNTY shall have
the right to terminate this Agreement.
Section 14. Assignment. This Agreement nor any interest herein shall not be assigned,
transferred, or otherwise encumbered under any circumstances by the parties hereto without prior
written consent of the other party and in such cases only by a document of equal dignity herewith.
Fence Parts, Repairs and Installation Services
IFB-602158-14/BJC
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Section 15. Subcontractors. In the event that CONTRACTOR during the course of the
work under this Agreement requires the services of subcontractors or other professional associates
in connection with services covered by this Agreement, CONTRACTOR must first secure the prior
express written approval of COUNTY. If subcontractors or other professional associates are
required in connection with the services covered by this Agreement, CONTRACTOR shall remain
fully responsible for the services of subcontractors or other professional associates.
Section 16. Indemnification of COUNTY. CONTRACTOR agrees to hold harmless and
indemnify COUNTY and its commissioners, officers, employees and agents against any and all
claims, losses, damages or lawsuits for damages arising from, allegedly arising from or related to
the provision of services hereunder by CONTRACTOR.
Section 17. Insurance.
(a) General. CONTRACTOR shall, at its own cost, procure insurance required under
this Section.
(1) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance
on a current ACORD Form signed by an authorized representative of the insurer evidencing the
insurance required by this Section (Professional Liability, Workers' Compensation/Employer's
Liability, Commercial General Liability, and Business Auto). COUNTY, its officials, officers,
and employees shall be named additional insured under the Commercial General Liability policy.
If the policy provides for a blanket additional insured coverage, please provide a copy of the
section of the policy along with the Certificate of insurance. If the coverage does not exist, the
policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance
shall provide that COUNTY shall be given, by policy endorsement, not less than thirty (30) days
written notice prior to the cancellation or non -renewal or by a method acceptable to COUNTY.
Until such time as the insurance is no longer required to be maintained by CONTRACTOR,
Fence Parts, Repairs and Installation Services
IFB-602158-14BJC
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CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance
before expiration or replacement of the insurance for which a previous Certificate of Insurance
has been provided.
(2) The Certificate of Insurance shall contain a statement that it is being
provided in accordance with this Agreement and that the insurance is in full compliance with the
insurance requirements of this Agreement. The Certificate of Insurance shall have this
Agreement number clearly marked on its face.
(3) In addition to providing the Certificate of Insurance on a current ACORD
Form, upon request as required by COUNTY, CONTRACTOR shall, within thirty (30) days
after receipt of the request, provide COUNTY with a certified copy of each of .the policies of
insurance providing the coverage required by this Section. Certified copies of policies may only
be provided by the Insurer, not the agent/broker.
(4) Neither approval by COUNTY nor failure to disapprove the insurance
furnished by CONTRACTOR shall relieve CONTRACTOR of its full responsibility for
performance of any obligation including CONTRACTOR's indemnification of COUNTY under
this Agreement.
(b) Insurance Company Requirements. Insurance companies providing the insurance
under this Agreement must meet the following requirements:
(1) Companies issuing policies (other than Workers' Compensation) must be
authorized to conduct business in the State of Florida and prove same by maintaining Certificates
of Authority issued to the companies by the Florida Office of Insurance Regulation.
(2) In addition, such companies shall have and maintain, at a minimum, a
Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best
Company.
Fence Parts, Repairs and Installation Services
IFB-642158-14/BJC
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(3) If, during the period which an insurance company is providing the
insurance coverage required by this Agreement, an insurance company shall: (i) lose its
Certificate of Authority; or (ii) fail to maintain the requisite Best's Rating and Financial Size
Category, CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such
circumstance, immediately notify COUNTY and immediately replace the insurance coverage
provided by the insurance company with a different insurance company meeting the
requirements of this Agreement. Until such time as CONTRACTOR has replaced the
unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR shall be deemed
to be in default of this Agreement.
. (c) Specifications. Without limiting any of the other obligations or liability of
CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force
amounts and types of insurance conforming to the minimum requirements set forth in this
subsection. Except as otherwise specified in this Agreement, the insurance shall become
effective upon execution of this Agreement by CONTRACTOR and shall be maintained in force
until the expiration of this Agreement's term and/or the expiration of all Work Orders issued
under this Agreement, whichever comes first. Failure by CONTRACTOR to maintain insurance
coverage within the stated period and in compliance with insurance requirements of COUNTY
shall constitute a material breach of this Agreement, for which this Agreement may be
immediately terminated by COUNTY. The amounts and types of insurance shall conform to the
following minimum requirements:
(1) Workers' Compensation/Employer's Liability.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for
liability which would be covered by the latest edition of the standard Workers' Compensation
policy as filed for use in Florida by the National Council on Compensation Insurance, without
Fence Parts, Repairs and Installation Services
IFB-602158-14ABJC
Page 10 of 18
restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of
coverage from its subcontractors of every tier for liability which is a result of a Workers'
Compensation injury to the subcontractor's employees. The minimum required limits to be
provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below.
In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage
is to be included for the United States Longshoremen and Harbor Workers' Compensation Act,
Federal Employees' Liability Act, and any other applicable Federal or State law.
(B) Subject to the restrictions of coverage found in the standard
Workers' Compensation policy, there shall be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's
and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part
One of the standard Workers' Compensation policy.
(C) The minimum amount of coverage under Part Two of the standard
Workers' Compensation policy shall be:
$500,000.00 (Each Accident)
$500,000.00 (Disease -Policy Limit)
$500,000.00 (Disease -Each Employee)
(2) Commercial General Liability.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for those
sources of liability which would be covered by the latest edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida
by the Insurance Services Office, without the attachment of restrictive endorsements other than
the elimination of Coverage C, Medical Payment, and the elimination of overage for Fire
Damage Legal Liability.
Fence Parts, Repairs and Installation Services
IFB-602158-14/3JC
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(B) The minimum limits to be maintained by CONTRACTOR
(inclusive of any amounts provided by an Umbrella or Excess Policy) shall be as follows:
General Aggregate Two Times (2x) the Each Occurrence Limit
Personal & Advertising $1,000,000.00
Injury Limit
Each Occurrence Limit $1,000,000.00
(3) Professional Liability Insurance. CONTRACTOR shall carry Professional
Insurance Liability insurance with limits of not less than One Million and No/100 Dollars
($1,000,000.00).
(4) Business Auto Policy.
(A) CONTRACTOR's insurance shall cover CONTRACTOR for those
sources of liability which would be covered by Part IV of the latest edition of the standard Business
Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services
Office, without the attachment of restrictive endorsements. Coverage shall include owned, non -
owned and hired autos or any autos.
(B) The minimum limits to be maintained by CONTRACTOR (inclusive
of any amounts provided by an Umbrella or Excess policy) shall be per -accident combined single
limit for bodily injury liability and property damage liability. If the coverage is subject to an
aggregate, CONTRACTOR shall maintain separate aggregate limits of coverage applicable to
claims arising out of or in connection with the work under this Agreement. The separate aggregate
limits to be maintained by CONTRACTOR shall be a minimum of three times (3x) the per -accident
limit required and shall apply separately to each policy year or part thereof.
shall be: (C) The minimum amount of coverage under the Business Auto Policy
Each Occurrence Bodily $1,000,000.00
Injury and Property Damage
Liability Combined
Fence Parts, Repairs and Installation Services
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(d) Coverage. The insurance provided by CONTRACTOR pursuant to this
Agreement shall apply on a primary and non-contributory basis, and any other insurance or self-
insurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be in
excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR.
(e) Occurrence Basis. The Workers' Compensation policy and the Commercial
General Liability and the Umbrella policy required by this Agreement shall be provided on an
occurrence rather than a claims -made basis. The Professional Liability insurance policy may be
on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond
to all claims reported within three (3) years following the period for which coverage is required
and which would have been covered had the coverage been on an occurrence basis.
(f) Obligations. Compliance with the foregoing insurance requirements shall not
relieve CONTRACTOR, its employees, or its agents of liability from any obligation under a
Section or any other portion of this Agreement.
Section 18. Dispute Resolution,
(a) In the event of a dispute related to any performance or payment obligation arising
under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to
filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper
invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures",
Seminole County Administrative Code. Contract claims include all controversies, except disputes
addressed by the "Prompt Payment Procedures", arising under this Agreement within the dispute
resolution procedures set forth in Section 3.5540, "Contract Claims", Seminole County
Administrative Code.
(b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies
based on facts or evidentiary materials that were not presented for consideration in COUNTY
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dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had
knowledge and failed to present during COUNTY dispute resolution procedures.
(c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is .
filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve
disputes through voluntary mediation. Mediator selection and the procedures to be employed in
voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall
be shared equally among the parties participating in the mediation
Section 19. Representatives of COUNTY and CONTRACTOR
(a) It is recognized that questions in the day to day conduct of performance pursuant to
this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise
CONTRACTOR in writing of one or more of its employees to whom all communications pertaining
to the day to day conduct of this Agreement shall be addressed. The designated representative shall
have the authority to transmit instructions, receive information and interpret and define COUNTY's
policy and decisions pertinent to the work covered by this Agreement.
(b) CONTRACTOR shall at all tunes during the normal work week designate or
appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and
bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to
this Agreement, and shall keep COUNTY continually and effectively advised of such designation.
Section 20. All Prior Agreements Superseded. This document incorporates and includes
all prior negotiations, correspondence, conversations, agreements or understandings applicable to
the matters contained herein and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained or referred to
in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
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Section 21. Modifications, Amendments, or Alterations. No modification, amendment
or alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
Section 22. Independent Contractor. It is agreed that nothing herein contained is
intended or should be construed as in any manner creating or establishing a relationship of co-
partners between the parties, or as constituting CONTRACTOR (including its officers, employees,
and agents) as an agent, representative or employee of COUNTY for any purpose or in any manner,
whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with
respect to all services performed under this Agreement.
Section 23. Employee Status. Persons employed by CONTRACTOR in the performance
of services and functions pursuant to this Agreement shall have no claim to pension, workers'
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to COUNTY's officers and employees either by operation of law or by COUNTY.
Section 24. Services Not Provided For. No claim for services furnished by
CONTRACTOR not specifically provided for herein shall be honored by COUNTY.
Section 25. Public Records Law.
(a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section
24, Florida Constitution and Chapter 119, Florida Statues, to release public records to members
of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply
with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the
handling of the materials created under this Agreement and that said statute controls over the
terms of this Agreement.
(b) CONTRACTOR specifically acknowledges its obligations to comply with Section
119.071, Florida Statutes, with regard to public records, and shall:
Fence Parts, Repairs and Installation Services
IFB-602158-14BJC
Page 15 of 18
(1) keep and maintain public records that ordinarily and necessarily would be
required by COUNTY in order to perform the services required under this Agreement;
(2) provide the public with access to public records on the same terms and
conditions that COUNTY would provide the records and at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law;
(3) ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized by law; and
(4) meet all requirements for retaining public records and transfer, at no cost
to the COUNTY, all public records in possession of CONTRACTOR upon termination of this
Agreement and destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. All records stored electronically must be provided
to COUNTY in a format that is compatible with the information technology system of
COUNTY.
(c) Failure to comply with this Section shall be deemed a material breach of this
Agreement, for which COUNTY may terminate this Agreement immediately upon written notice
to CONTRACTOR.
Section 26. Compliance with Laws and Regulations. In providing all services pursuant
to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations
pertaining to or regulating the provisions of such services including those now in effect and
hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a
material breach of this Agreement and shall entitle COUNTY to terminate this Agreement
immediately upon delivery of written notice of termination to CONTRACTOR.
Section 27. Patents and Royalties. Unless otherwise provided, CONTRACTOR shall
be solely responsible for obtaining the right to use any patented or copyrighted materials in the
Fence Parts, Repairs and Installation Services
IFB-602158-14BJC
Page 16 of 18
performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save
harmless COUNTY and its employees from liability of any nature or kind, including costs and
expenses for or on account of any copyrighted, patented, or unpatented invention, process, or
article manufactured or supplied by CONTRACTOR. In the event of any claim against
COUNTY of copyright or patent infringement, COUNTY shall promptly provide written
notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best
efforts to promptly purchase for COUNTY any infringing products or services or procure a
license at no cost to COUNTY which will allow continued use of the service or product. If none
of the alternatives are reasonably available, COUNTY agrees to return the article on request to
CONTRACTOR and receive reimbursement, if any, as may be determined by a court of
competent jurisdiction.
Section 28. Notices. Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered or certified United States mail, return receipt requested,
addressed to the party for whom it is intended at the place last specified. The place for giving of
notice shall remain such until it shall have been changed by written notice in compliance with the
provisions of this Section. For the present, the parties designate the following as the respective
places for giving of notice, to -wit:
For COUNTY:
Public Works/Roads-Stormwater Division
177 Bush Loop
Sanford, Florida 32773
For CONTRACTOR:
All -Rite Fence Services, Inc.
5115 Olde Winter Garden Road
Orlando, Florida 32811
Fence Parts, Repairs and Installation Services
IFB-602158-14BJC
Page 17 of 18
Section 29. Rights At Law Retained. The rights and remedies of COUNTY provided for
under this Agreement are in addition and supplemental to any other rights and remedies provided by
law.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the date below written for execution by COUNTY.
ATTEST:
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Attachments: !
Exhlit A - Scope ofServices
Exhibit B - Sample Purchase Order
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Page 18 of 18
Exhibit A
Scope of Services
The Contractor(s) shall be responsible for all labor, materials, equipment, coordination,
transportation and incidentals necessary for the removal and/or construction of all
fencing materials and installation in conformance to the "ASTM Standards for Fence
materials and Products", AASHTO — Mill and M181 the "Florida Department of
Transportation — Standard Specifications for Roads and Bridge Construction" Section
560 and the "Florida Department of Transportation — Design Standards" Index 802, 803,
810 and 811 most recent editions, and as described in the bid requirements.
Authorization for services by the successful Contractor(s) under this agreement shall be
in the form of written Release Orders issued and executed by the County on an as
needed basis.
Contractor shall provide a detailed estimate of repairs within five (5) business days
following notification from the County Project Manager. No work shall commence prior
to the written approval from the County.
Contractor shall complete the work within fifteen (15) business days following the written
authorization by the County unless otherwise specified by the Project Manager.
I.- Fence Material:
A. Chain Link Fabric — Two (2") inch mesh woven from nine (9) gauge steel
wire, five (5') feet, six (6') feet and eight (8') in height.
B. End, Comer and Pull Posts — Two and three-eighths (2 3/8") inch O.D.
steel pipe shall conform to ASTM F 1083 (SCH-40) and ASTM F 1043
Group 1A and 1C, Heavy Industrial Fence.
C. Gate Posts — Four (e) inch O.D. steel pipe shall conform to ASTM F1083
Group IA Heavy Industrial Fence.
D. Gate Frames and Intermediate Posts — Two (2") O.D., steel pipes shall
conform to ASTM -1083 (SCH-40), and ASTM F 1043 Group IA and IC,
Heavy Industrial Fence.
E. Post Braces and Top Rails — One and five-eighths (15/81 inch O.D. steel
pipe shall conform to ASTM F1043 Group 1A and 1C, Light Industrial
Fence.
F. Tension Wire — Nine (9) gauge spring coil conforming to AASHTO M181
and ASTM 8211.
G. Accessories — Steel
H. Coatings — Pre -galvanized with one point -two (1.2) ounces of zinc per
square foot, applied after weaving of fabric and following fabrication for all
other ferrous metal Items. Poly (Vinyl Chloride) (PVC) — Coated Steel
Chain -Link Fence Fabric — Specification F668.
1. Barbed Wire — Standard security barbed wire.
J. Wood Fence — Basic board on board panels for replacement as
requested by the County.
IFB-602158-15/BJC - Term Contract for Fence Parts, Repairs and Installation Services
2. Installation of Posts:
A. Concrete — Two -thousand -five hundred (2,500) PSI concrete shall be
used for installation of all posts in accordance with ASTM F567
standards.
B. Corner and Gate Posts — Set three (T) feet deep in twelve (12") inch
diameter concrete footings.
C. Line Posts — Set two (2") feet deep in eight (8") inch diameter concrete
footings.
D. Top Rail (when applicable) — Provide means for attaching top rail securely
to each gate, comer, pull and end post. Run rail continuously through
post caps, bending to radius for curved runs, bottom tension wire shall be
installed unless otherwise specified.
3. Installation of Fencing
A. Fencing shall be installed to proper grade, alignment and plumb, with
comer posts and bracing provided at all angles in alignment. Angle
braces shall be installed every one hundred (100) feet of run.
B. When top rail is deleted, tension wire shall be installed along the top and
bottom of fence.
C. Wire Ties —'For tying fabric to line posts, use wire ties spaced twelve (12")
O.C. For tying fabric to rails and braces, use wire ties spaced twenty four
(24") O.C. For tying fabric to tension wire, use hog rings spaced twenty
four (241 O.C.
D. When barbed wire is required, Installation shall include three (3) strands
along the top of the fence.
4. Installation of Gates - Install gates plumb, level and secure for full opening
without interference. Install ground set items in concrete for anchorage as
recommended by the manufacturer. Adjust hardware for smooth operation and
lubricate when necessary. Gate installations shall include all hardware, i.e.,
hinges, latches, rollers, wheels and wire ties.
5. INSTALLATION OF BOUNDARY FENCING AND GATES:
A. Type of Fence - Fence shall be farm -type consisting of 12/6 gauge field
fence (except where non -climb Is specified) and 2 strand barbed wire on
treated wood posts as detailed below.
B. Materials
1 Barbed wire - 12-1/2 gauge, 4 -point double wrap, 15 gauge barbs with 5
inch spacing conforming to all requirements of the "Standard
Specifications for Zinc Coated Galvanized Iron or Steel Wire" of the
ASTM serial designation A121-48 and subsequent revisions.
2. Staples - Standard galvanized, 9 -gauge, minimum 1-1/4 inch heavy duty
barbed wire fence type.
3. Posts and Braces- Southern Pine or other treatable species as in the
current revisions of Federal Specification TT -W-571. The physical quality
IFB-602168-1 5113JC - Term Contract for Fence Parts, Repairs and Installation Services
including straightness, soundness, seasoning, marking, preservative type,
retention, penetration, and quality assurance shall be controlled by
Federal Specification TT -W-571.
Preservation and Retention- chromate Copper Arsenate Type 3, (CAA -
type 3) at a minimum retention of .30 pounds per cubic foot. The
preservative retention shall be determined by assay extract in the zone
from 0 to 1 inch from the surface of the post.
4. Gates — Winging pipe, 20 gauge galvanized steel, 1-5/8 Inch pipe size, 16
feet x 4 feet with minimum 5 horizontal bars.
C. Installation Requirements and Procedure:
1. Clearing- clear all vegetation, trees (< 8 inch DBH) and stumps for a
distance of 10 feet to the inside of the boundary except at locations where
wet conditions allow only minimum clearing to install fence. Any earth
disturbed during the clearing process shall be repaired at the Contractor's
expense as close as possible to the area's original grade.
2. Line Posts- Minimum 31/2 inches top diameter (3"/4" class), 6 '/ feet
long, placed a maximum of 12 feet apart and embedded 2 feet in the
ground. Metal posts may be used in extremely wet areas.
3. Brace and Pull Posts- Minimum 6 inch top diameter, 8 feet long, Brace
assemblies consisting of two brace posts and a horizontal post wrapped
with two double strands of tension wire shall be placed every 1/8 mile and
or the end of a straight run (non -comer). Embed brace and pull posts 3
feet in the ground.
4. Comer Posts- Double brace assemblies using 3 brace posts minimum 6
inches in diameter, embedded 3 feet in the ground and two horizontal
posts.
5. Field Fence Wire- Four foot hog/field fence with minimum 6 gauge
horizontal top and bottom wires and 12 gauge wire on remaining
structure. Stretched and taught to the touch.
6. Non -climb horse fence (field fence) — four foot 12 gauge wire stretched
taught to the touch.
7. Barbed Wire - Field fence: two strand barbed wire spaced equal distance
apart starting 2" above field fence. Four strand fencing: four strands
barbed wire spaced approximately 1 foot apart. Stretch barbed wire
completely so that it is springy to the touch before being fastened to the
post.
8. Gates- Install 16' tube gates as indicated. Size and instals gate posts to
ensure proper operation of gates.
IFB-6021 W1 5/BJC - Term Contract for Fence Parts, Repairs and Installation Services
General Conditions
IF&602158-15BJC - Term Contract for Fence Parts, Repairs and installation Services
TABLE OF CONTENTS
GENERAL CONDITIONS
Sections
1. Definitions/Interpretations
2. Preliminary Matters
3. Contractors Responsibilities
4. Work by Others
5. Project Managers Status during Construction
6. Delays and Extension of Time
7. Schedules
8. Warranty or Guarantee, Tests and Inspections, Connections,
Removal or Acceptance of Defective Work
9. Suspension of Work and Termination
10. Miscellaneous
IFB-602158-15/BJC - Term Contract for Fence Parts, Repairs and Installation Services
GENERAL CONDITIONS
SECTION I - DEFINITIONSIINTERPRETATIONS
Definitions.
Whenever used In the Contract Documents, the following terms shall have the meanings
indicated, which shall be applicable to both the singular and plural thereof.
Addenda - Written or graphic instruments Issued prior to the date for opening Bids which modify
or Interpret the Bidding Documents by additions, deletions, corrections or clarifications.
Acceptance; Final Acceptance - The formal action by COUNTY accepting the Work as being
complete after certification by County's Representative of Final Completion.
Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work
to be performed; other Contract Documents are incorporated In or referenced in the Agreement
and made a part thereof as provided therein.
Building Elements - An architectural, structural, electrical, mechanical or plumbing component
of a building, facility, space, or site.
Change Order - A written instrument issued on or after the Effective Date of the Agreement, of
which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents
to provide for changes in the Work or in the provisions of the Contract Documents, or changes
in Contract Price or Contract Time, or any combination thereof.
Contract Claim - Any dispute arising out of or related to the Contract Documents between the
COUNTY and CONTRACTOR including, but not limited to, any demand or assertion by one of
the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief
with respect to the Contract Documents.
Contract Documents - The Agreement and those documents referenced in the Agreement.
Contract Price - The total compensation, subject to authorized adjustments, payable by
COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract
Documents as stated in the Agreement.
Contract Time - The period of time allotted in the Contract Documents, subject to authorized
adjustments, for Substantial Completion and Final Completion of the Work, or other interim
completion dates identified in the Contract Documents.
CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or
combination thereof, who is currently and actively licensed by the State of Florida and who has
entered into the Agreement with COUNTY for the performance of the Work. The term
"CONTRACTOR" means CONTRACTOR or its authorized representative.
COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner.
Date of Commencement of the Contract Time - The Begin bate given by the Purchase Order
when the Contract Time commences to run.
IFB-602158-15/BJC —Term Contract for Fence Parts, Repairs and Installation Services
Day - A calendar day of 24 hours lasting from midnight one day to midnight the next day.
Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not
conform to the contract plans or specifications or does not meet the requirements of any
inspection, code, reference standard, test or approval referred to in the Contract Documents or
has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has
been assumed by COUNTY).
Effective Date of the Agreement - The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated it means the date on which the Agreement is signed by
the last of the two parties to sign.
Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep
and maintenance thereof, also, the tools and all other apparatus necessary, for the construction
and acceptable completion of the Work.
Holidays - Days designated by Seminole County as legal holidays. These days are:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
January 1st
Third Monday In January
Last Monday in May
July 4th
First Monday in September
As Designated
Fourth Thursday in November
Fourth Friday in November
December 25th
Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances,
and/or court or administrative orders of the federal, state and local governments.
Materials - Any substances to be incorporated in the Work under the Contract Documents.
Permits - An authoritative or official certificate of permission.
Progress Schedule - All documentation related to the planning, scheduling and implementation
of the Work as described in the Contract Documents.
Project - The total construction of which the Work to be provided under the Contract
Documents is a part as indicated elsewhere in the Contract Documents.
Project Manager - The authorized representative of the County who is assigned to the Project.
The County's representative acting directly or through duly authorized representatives.
Subcontractor - An Individual, partnership, corporation, joint venture, or other combination
thereof, having a Sub -agreement with CONTRACTOR for (a) the performance of labor in
connection with part of the Work at the site; or (b) for both performing labor in connection with
part of the Work at the site and furnishing items of Materials or Equipment for incorporation into
the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or
other combination thereof that has a Sub-agreemen't with another Subcontractor to perform any
of the Work at the site.
IFS-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
Supplier - A manufacturer, fabricator, Supplier; distributor, material -man or vendor
Total Bid - Amount stated In the Bid Form by the Bidder as the Bidder's offer to furnish all labor,
Materials and Equipment to perform all Work In strict accordance with the Contract Documents.
if an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price.
Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost
to COUNTY and In accordance with COUNTY's written instructions, either correct Defective
Work or, if it has been rejected by COUNTY, remove It from the site and replace it with non -
Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the
Work has been completed in accordance with the Contract Documents.
Work - All labor, permits, bonds, equipment, Materials and incidentals required for the
construction of the improvement by the Contract Documents, including superintendence, use of
Equipment and tools, and all services and responsibilities prescribed or implied, which are
necessary for the complete performance by the CONTRACTOR of his obligations under the
Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs
of liability and of performing the Work shall be at the CONTRACTOR's expense.
SECTION 2 - PRELIMINARY MATTERS
Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract
Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies.
Commencement of the Contract Time; Purchase Order/Release Order. The Contract Time
will begin on the date Indicated in the Purchase Order.
The CONTRACTOR shall start to perform the Work on the date indicated on the Purchase
Order. Prior to the issuance of a Purchase Order , a preconstruction conference shall be
attended by the CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY
and other entities as applicable to the Work at which time a date will be established for the
Issuance of the Purchase Order.
Before Starting Work. Before undertaking each part of the Work, CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify pertinent information
and all applicable field measurements. CONTRACTOR shall promptly report in writing to
PROJECT MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his
Subcontractors or Suppliers may discover and shall obtain a written interpretation or clarification
from PROJECT MANAGER before proceeding with any Work affected thereby; provided,
however, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to
report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or
suppliers had actual knowledge thereof or should reasonably have known thereof.
Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER
for review a preliminary Progress Schedule indicating the starting and finishing dates of each
Work activity, and a proposed schedule.
Preconstruction Conference. Prior to commencement of Work at the site, a conference will
be held for review of the schedules, to establish procedures for a working understanding among
the parties as to the Work.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
Physical Conditions. The CONTRACTOR shall take the steps necessary to ascertain the
nature and the location of the Work. The CONTRACTOR shall also determined for himself the
existing physical conditions which can affect the work or its cost, including but not limited to, (1)
conditions bearing upon mobilization, demolition, transportation, disposal, handling and storage
of materials; (2) the availability of labor, water, electric power; (3) uncertainties of weather, (4)
the conformation of surface and subsurface ground conditions; (b) the character and limitations
of the equipment, machinery and existing physical conditions within the limits of construction or
within the buildings that are utilized during the Work.
The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment
in performing the layout of the Work. Contractor shall not engage the services of any person or
persons In the employ of the COUNTY for performance of the layout of the Work. Adequate
field notes and records shall be kept on a daily basis as the layout work is accomplished. These
field notes and records shall be available for review by the PROJECT MANAGER as the Work
progresses and copies shall be furnished at the time of completion of the Project. Any
inspection or checking of the CONTRACTOR's field notes or layout work by the PROJECT
MANAGER and the acceptance of all or any part thereof shall not relieve the CONTRACTOR of
his responsibility to achieve the lines, grades and dimensions shown in the Plans/Specifications.
The Contractor will be responsible for locating all existing utilities, where applicable, prior to
commencing work. Locate tickets shall be kept on site at all times. The Contractor shall be
responsible for an make good all damage resulting from their activities, both within and beyond
the limits of this contract, to buildings, telephone, power or other cables, water pipes, storm
server facilities, sanitary pipes, gas lines, traffic signalization, or other utilities or structures
which may be encountered. It shall be the Contractor's responsibility to determine the location,
character and depth of any existing utilities and to assist the utility companies, by every means
possible, to determine said locations. Extreme caution shall be exercised to eliminate any
possibility of any damage to utilities resulting from Contractor's activities.
SECTION 3 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with the Contract
Documents. CONTRACTOR shall be solely responsible for all means and methods,
techniques, schedules, sequences and procedures of construction and for providing the
required safety precautions, for coordinating all portions of the Work with all regulatory,
jurisdictional and governmental authorities, for further coordination as required with commercial
businesses, private residents and employees of the Owner and for enforcement of order and
cooperation among the CONTRACTOR% employees and all of the Subcontractors and
Suppliers. The CONTRACTOR shall be responsible to see that the competed Work complies
accurately with the Contract Documents and its intent.
Personnel and Working Hours. CONTRACTOR shall at all times maintain good discipline and
order at the site.
CONTRACTOR shall provide competent, qualified personnel to perform construction as
required by the Contract Documents. CONTRACTOR is fully responsible to provide a sufficient
number of skilled workers and supervisory personnel to perform the Work and assure that the
Work is completed according to the established Construction Schedule and within the Contract
Time. Failure to fully man the Project with supervisory personnel, skilled workers or common
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
laborers of which actions shall lead to a delay in the Work Schedule shall be cause for a claim
for damages against CONTRACTOR or termination of CONTRACTOR by the Owner.
Except in connection with the safety or protection of persons or the Work or property at the site
or adjacent thereto, all Work at the site shall be performed during normal working hours, unless
otherwise specified. Normal working hours shall be defined as period occurring between the
hours beginning at 7:00 a.m. and ending at 6:00 p.m., exclusive of Saturdays, Sundays, or
Holidays.
Items of Material * or Equipment All Materials and Equipment shall be of good quality and
new. All Materials and Equipment shall be handled, stored, applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions of the applicable
Supplier.
Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be
furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished
to COUNTY through CONTRACTOR.
Project is to be constructed with asbestos free materials.
Concerning Subcontractors - The Contractor will be fully responsible for all acts and
omissions of his Subcontractors and of persons directly or indirectly employed by them and Of
persons for whose acts any of them may be liable to the same extent that they are employed by
him. - Nothing contained in the Contract Documents shall create, nor be interpreted to create,
privity or any other contractual relationship whatsoever between the County- and any
Subcontractor or any person except the Contractor, or any obligation on the part of the County
to payor to see to the payment of any monies due any Subcontractor, except as may otherwise
be required by law. The County may furnish to any Subcontractor, to the extent practicable,
evidence of amounts paid to t ' he Contractor on account of specific Work done. The Contractor
agrees to bind specifically every Subcontractor to the applicable terms and conditions of the
Contract Documents for the benefit of the County. All Work performed for the Contractor by
Subcontractors shall be pursuant to an appropriate agreement between the Contractor and the
Subcontractor which shall contain provisions that waive all rights the contracting parties may
have against one another for damages caused by fire or other perils covered by insurance held
by the County as trustee.
Patent Fees And Royalties - The Contractor will pay all license fees and royalties and assume
all costs Incident to the use of any invention, design, process or device which is the subject of
patent rights or copyrights held by others.
Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain
and pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all
governmental charges and inspection fees necessary for the prosecution of the Work, which are
applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of public and
private utility service companies for all required utility services that complete and accomplish the
Work according to the Contract Documents. The CONTRACTOR shall meet all requirements of
all permits and licenses and shall be responsible for all fines, assessments, and penalties of any
nature assessed against the CONTRACTOR or COUNTY or both relating to any permit
violation,
1F13-602158-15/13JC — Term Contract for Fence Parts, Repairs and Installation Services
Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and
Regulations applicable to the Work. If CONTRACTOR performs any Work knowing or having
reason to know that it is contrary to such Laws or Regulations and without such notice to
PROJECT MANAGER, CONTRACTOR shall bear all costs arising there from.
CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by It in
accordance with the Laws and Regulations of the place of the Project.
CONTRACTOR shall comply with all Federal, State, and Local laws, ordinances, codes, and
regulations applying to the Work. The CONTRACTOR shall be solely responsible for bidding
and constructing the Work per the current building codes as required by the Contract
Documents and the construction practices normally applicable to each trade vendors or
installers trade.
All items to be purchased under. this contract shall be In accordance with all governmental
standards, to Include, but not be limited to, those Issued by the Occupational Safety and Health
Administration (OSHA), the National Institute of Occupational Safety Hazards (NIOSH), and the
National Fire Protection Association (NFPA).
Use of Premises. The CONTRACTOR shall confine construction equipment, the storage of
materials and the operations of workers to areas permitted by Laws and Regulations, rights-of-
way, easements or required by the Contract Documents or *limited by the Owner. The
CONTRACTOR shall not unreasonably encumber the premises with construction equipment or
materials or other equipment. The CONTRACTOR shall assume full responsibility for any
damage to any such property, or to the owner or occupant thereof or of any other property,
caused or alleged to have been caused by or incident to the execution of this Work. The
CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise
resolve the claim.
During the progress of the Work, CONTRACTOR shall keep the premises free from
accumulations of waste materials, rubbish and other debris resulting from the Work.
Periodically, during construction, the CONTRACTOR shall remove all waste materials, rubbish
and debris from and about the premises for disposal. At completion of the Work all tools,
appliances, construction equipment and machinery, and surplus materials shall be removed by
the Contractor and shall leave the site clean and ready for occupancy by COUNTY.
CONTRACTOR shall restore to original condition or better all property 'not designated for
alteration by the Contract Documents, but, was impacted due to the construction operations and
close proximity to the Project.
CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner
that will endanger human life or damage the structure, nor shall CONTRACTOR subject any
part of the Work or adjacent property to loads that will endanger human life or damage it.
Safety and Protection. CONTRACTOR shall be solely and completely responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with
the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall
provide the necessary protection to prevent damage, injury or loss to all employees on the Work
and other persons (including but not limited to the general public or employees of the Owner)
who may be affected thereby; all the Work and all Materials or Equipment to be Incorporated
therein, whether in storage on or off the site; and other property at the site, adjacent thereto, or
utilized by CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and
IFB-6021 58-1 5/BJC — Term Contract for Fence Parts, Repairs and Installation Services
protection of the Work shall continue until such time as PROJECT MANAGER issues a notice to
COUNTY and CONTRACTOR that the Work is acceptable.
All damage, injury or loss to any property caused, directly or indirectly, in whole or In part, by
CONTRACTOR, any Subcontractor, Supplier 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
at his sole cost.
CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental
entity having jurisdiction for the safety of persons or property or to protect them from damage,
injury or loss including, but not limited to, OSHA (Public Law 91-596) and the Contract Work
Hours and Safety Standards Act (Public Law 91-54); and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR shall designate a responsible
member of his organization at the site whose duties shall be preventing accidents and insuring
compliance with all applicable safety regulations. This person shall be CONTRACTOR's
Superintendent unless otherwise designated in writing by CONTRACTOR to COUNTY.
At all times CONTRACTOR shall; and shall cause his Subcontractors and Suppliers to, carefully
protect its and their Work, materials, equipment, and supplies against damage or injury from the
weather. If in the opinion of PROJECT MANAGER any of the above has been damaged or
injured by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to
perform according to the requirements of this provision, said Work, Materials, Equipment and
supplies shall be removed and replaced at the expense of CONTRACTOR.
CONTRACTOR shall notify PROJECT MANAGER of any job site injuries at the Project site.
Serious injuries shall be verbally reported to the PROJECT MANAGER within two (2) hours of
occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury
to PROJECT MANAGER within twenty-four (24) hours of occurrence of the incident.
CONTRACTOR shall prepare injury reports regardless of whether the injury is to the
CONTRACTOR's personnel, subcontractors, COUNTY personnel or other persons.
Emergencies. In emergencies affecting the safety or protection of persons or the Work or
property at the site or adjacent thereto, CONTRACTOR, without special instruction or
authorization from PROJECT MANAGER or COUNTY, is obligated to act to prevent threatened
damage, injury or loss. CONTRACTOR shall give COUNTY prompt written notice if
CONTRACTOR believes that any significant changes in the Work have resulted because of the
action taken in response to an emergency. If COUNTY determines that changes are required,
COUNTY shall authorize the changes by written Change Order. If the emergency was not due
to the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for
whose acts any of them may be liable and the changes cause an increase or decrease in
CONTRACTOR's cost or the time required to perform any part of the Work, COUNTY shall
make an adjustment in Contract Time.
Continuing the Work. CONTRACTOR shall cavy on the Work and maintain the Progress
Schedule during all disputes or disagreements with COUNTY. No Work shall be delayed or
postponed pending resolution of any disputes or disagreements, except as CONTRACTOR and
COUNTY may otherwise agree in writing. Suspension of the Work by CONTRACTOR during
any dispute or disagreement with COUNTY shall entitle COUNTY to terminate the CONTRACT
for cause, except as otherwise provided in this documents.
iFB-602158-151BJC — Term Contract for Pence Parts, Repairs and Installation Services
Responsibility for Coordinating and Connecting to Existing Services and Utilities. At all
points where the Work constructed by CONTRACTOR connects to existing
Isting utilities and
services, the actual Work of making the necessary connection to the existing service or utility
shall be arranged for and coordinated by CONTRACTOR at no expense to COUNTY (unless
specifically indicated otherwise). Services and utilities included within (but not limited to) this
responsibility are roadways, sidewalks, driveways, ditches, electrical, lighting, sanitary sewer,
mechanical, fire suppression, water distribution, gas, plumbing, communications, data, phone,
storm water, etc. Connections shall be made at a time that will result in the least possible
Interference with existing services.
Storage of Materials. Materials shall be so stored as to insure the preservation of their quality,
color, and fitness for the Work and shall be so located as to facilitate prompt inspection, and to
minimize noise impacts on sensitive receivers. Materials improperly stored may be rejected
without testing. Materials or equipment shall not be stored under the canopy or within the 'drip
line' of any trees without prior approval by the Project Manager.
The insurance, protection and security of stored materials shall be the sole responsibility of the
CONTRACTOR. The COUNTY shall not be liable or at risk for any loss of materials due to
theft, weather, negligence, nor for any damages to the stored materials.
Defective Materials. Materials which are or have been Improperly stored. All such materials,
whether in place or not, will be rejected and shall, unless otherwise permitted by the PROJECT
MANAGER, be removed Immediately from the site of the Work and from the CONTRACTOR's
storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which
have been subsequently corrected, shall be used until approval has been given. Upon failure
on the part of the CONTRACTOR to comply promptly with any order of the PROJECT
MANAGER made under the provisions of this Section, the PROJECT MANAGER shall have
authority to remove and replace defective material and to deduct the cost of removal and
replacement from any moneys due or to become due the CONTRACTOR.
CONTRACTOR"s Responsibility for Work. Until acceptance of the Work by the COUNTY it
shall be under the charge and custody of the CONTRACTOR and he shall take every necessary
precaution against injury or damage to the Work by the action of the elements or from any other
cause whatsoever, arising either from the execution or from the non -execution of the Work The
CONTRACTOR shall rebuildrepair, restore and make good, without additional compensation,
all injury or damage to any rebuild,
of the Work occasioned by any of the above causes before
its completion and acceptance except that In case of catastrophic damage the COUNTY may, at
its discretion, reimburse the CONTRACTOR -for the repair' of such damage due to
unforeseeable causes beyond the control of and without the fault or negligence of the
CONTRACTOR including, but not restricted to, Acts of God, of the public enemy or of
governmental authorities.
Interferences. The CONTRACTOR shall at all times conduct the Work in such manner and in
such sequence as to insure the least practicable interference with County employees,
pedestrian/visitor traffic due to County business and vehicular traffic. The CONTRACTOR's
vehicles, personnel, materials and equipment shall be operated In such a manner that they will
not be a hazard or hindrance to daily operations and performance of County business.
Coordination with other Contractors. The CONTRACTOR shall coordinate and arrange his
Work and dispose of his Materials so as not to interfere with operations of other contractors
engaged upon adjacent work and to join his Work to that .of others in a proper manner, In
IFB-602158-1 6/BJC —Term Contract for Fence Parts, Repairs and Installation Services
accordance with the spirit of the Plans or Specifications, and to perform his Work in the proper
sequence in relation to that of other contractors. Each contractor shall be responsible for any
damage done by him or his agents to the work performed by another contractor.
Final Cleaning Up of Job Site. Upon completion of the Work, and before Acceptance and
Final Payment will be made, the CONTRACTOR shall remove from the COUNTYs job site and
adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and
temporary structures; CONTRACTOR shall restore in an acceptable manner all property, both
public and private, which has been damaged during the prosecution of the Work, and shall
leave all waterways and drainage facilities unobstructed.
SECTION 4 - WORK BY OTHERS
Related Work At Site. COUNTY may perform other work at the site by COUNTYs own forces,
provide for or allow other work to be performed by other owners, or let others direct contracts for
other work. If the fact that such� other work is to be performed was not noted in 'the Contract
Documents, written notice thereof will be given to CONTRACTOR prior to starting any such
other work.
If COUNTY contracts with others for the performance of other work at the site, the
CONTRACTOR shall be responsible for coordination of the activities among the various
contractors. Coordination with other contractors will be the sole responsibility of
CONTRACTOR and neither COUNTY nor PROJECT MANAGER shall have any authority or
responsibility with respect to such coordination.
Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or
furnishing the Work by any act or neglect of another contractor or entity performing work at the
site noted in the Contract Documents, CONTRACTOR may request an extension or adjustment
In Contract Time and if COUNTY agrees that the delay requires an adjustment in Contract Time,
COUNTY shall authorize the necessary extension of Contract Time. However, an extension in
Contract Time(s), If so granted, shall be CONTRACTOR's sole and exclusive remedy with
respect to COUNTY, for any delay, disruption, interference, inefficiency, extension, constructive
acceleration or hindrance and associated costs, however caused, resulting from delays caused
by others performing other work at the site.
Contract Time Coordination. CONTRACTOR shall give prompt written notice to COUNTY,
PROJECT MANAGER and any other affected contractor(s) whenever CONTRACTOR
anticipates a conflict in Contract Time(s) related to or simultaneous with associated Contract
Time (s) in the work of others.
When Work Is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall
be responsible for taking reasonable steps to minimize damage or loss to the Work which may
be caused by others during the performance of their work, including (but not limited to)
furnishing written notice to PROJECT MANAGER and to the other contractors that Work has
been performed out of sequence and ahead of interfacing Work.
When work by others is performed out of sequence and ahead of interfacing Work, the said
work shall be considered as if it had been shown on the Contract Documents. CONTRACTOR
shall be responsible for protecting said work and shall replace, repair or otherwise settle with
others any and all damage caused as a result of the performance of Work out of sequence.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
SECTION 5 - PROJECT MANAGER'S STATUS DURING CONSTRUCTION
COUNTY'S Representative. PROJECT MANAGER will be COUNTY's representative during
the construction of the Work. The duties and responsibilities and the limitations of authority of
PROJECT MANAGER as COUNTYs representative during construction are set forth in the
Contract Documents and shall not be extended without written consent of COUNTY and
PROJECT MANAGER.
Visits to Site. PROJECT MANAGER will make visits to the site at intervals appropriate to the
various stages of the Work to observe the progress and quality of the executed Work and to
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
Project Representation. COUNTY may designate another agent to represent COUNTY at the
site who is not the PROJECT MANAGER or its agent or employee.
Duties, Responsibilities and Limitations of Authority of PROJECT MANAGER. The
PROJECT MANAGER will perform the duties and responsibilities described herein. PROJECT
MANAGER shall generally issue all communications to CONTRACTOR including but not limited
to communications directed to CONTRACTOR from COUNTY. CONTRACTOR shall generally
Issue all communications to COUNTY through PROJECT MANAGER
PROJECT MANAGER will provide instructions on procedures to be followed and schedule
inspections of the Work; review daily Inspection reports prepared; prepare documents as
required and review them with COUNTY, as applicable.
PROJECT MANAGER will attend meetings with CONTRACTOR, such as the Preconstruction
Conference, Project Meetings and any other Project related meetings and prepare and circulate
copies of minutes thereof. The preparation and circulation of minutes of preconstruction
conferences, Project meetings and any other Project related meetings shall not relieve
CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the COUNTY, utility
contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and
sequencing Its Work with the work of the COUNTY, utility contractors or the work of others.
PROJECT MANAGER Will conduct general on-site observations of the Work In progress and will
observe for non-conformance reports to determine If the Work Is proceeding in accordance with
the Contract Documents.
PROJECT MANAGER will notify CONTRACTOR of disapproval or rejection of defective Work
and will notify CONTRACTOR whether Defective Work Is to be corrected, or replaced.
PROJECT MANAGER will accompany visiting inspectors representing governmental or other
agencies having jurisdiction over the Project, and record the results of the inspections.
PROJECT MANAGER will transmit. to CONTRACTOR clarifications and interpretations as
Issued by the COUNTY.
PROJECT MANAGER will report promptly to COUNTY upon gaining knowledge of the
occurrence of any accident at the site.
PROJECT MANAGER will prepare reports of the progress of the Work and of CONTRACTOR's
compliance with the Progress Schedule.
IFB-602168-1 5/BJC —Term Contract for Fence Parts, Repairs and Installation Services
PROJECT MANAGER will consult as appropriate with COUNTY's staff in advance of scheduled
major tests, inspections or the commencement of important phases of the Work.
PROJECT MANAGER will review and evaluate CONTRACTOR's Application for Payment and
advise COUNTY staff accordingly.
PROJECT MANAGER will review and evaluate CONTRACTOR's notice that CONTRACTOR
considers the Work (or part thereof) substantially complete and advise COUNTY staff
accordingly.
PROJECT MANAGER will observe whether all items on lists of items to be completed prior to
Final Payment have been completed and make recommendations to COUNTY concerning
Acceptance.
During the course of the Work, the PROJECT MANAGER will verify that certificates,
maintenance and operation manuals and other data required to be assembled and furnished by
CONTRACTOR are applicable to the items actually Installed.
Clarifications and Interpretations. PROJECT MANAGER will issue with reasonable
promptness such written clarifications or interpretations of the requirements of the Contract
Documents as PROJECT MANAGER may determine necessary, which shall be consistent with
or reasonably- inferable from the overall intent of the Contract Documents.
Authorized Variations in Work. PROJECT MANAGER may authorize minor variations in the
Work from the requirements of the Contract Documents which do not involve an adjustment in
the Contract Price or the Contract Time and are consistent with the overall intent of the Contract
Documents and required to produce the intended result. These may be accomplished by a
Field Order and will be binding on CONTRACTOR who shall perform the Work Involved
promptly.
Rejecting Defective Work. PROJECT MANAGER will have authority to disapprove or reject
Work at any time during the construction of the Work, which PROJECT MANAGER believes to
be Defective. PROJECT MANAGER will also have authority to require special inspection or
testing of the Work, whether or not the Work is fabricated, installed, or completed. When
CONTRACTOR has been notified by PROJECT MANAGER of disapproval or rejection of
Defective Work, CONTRACTOR shall take immediate action to correct or replace same.
Notice to Cure - If the County determines the Work is defective or deficient; if the Contractor
fails to supply sufficient skilled workers or suitable materials or equipment If the Contractor fails
to make prompt payments to Subcontractors for labor, materials or equipment; if the work Is not
progressing in a safe, orderly or well coordinated manner; or If the general progress and/or
quality of the work is not adequate to ensure continuation or completion of the work in
accordance with the Contract completion time requirements, then the Purchasing and Contracts
Division shall issue a notice to cure, giving the Contractor a specific period of time (1) in which
to submit to the Project Manager a written Plan of Action including a schedule setting forth a
plan by which the deficiencies will be corrected, and (2) a specific period of time in which to
correct the deficiencies. If the Contractor does not submit a Plan of Action to indicate how and
when the deficiencies indicated in the notice to cure will be cured within the specified time frame
that is acceptable to the Project Manager, and if -those deficiencies are not corrected within that
time frame, then the County shall take further action, up to and including Contract termination.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
The Contractor shall not be entitled to any delay claims as a result of the County's Issuance of
the notice to cure.
SECTION 6 — CHANGE OF CONTRACT AMOUNT, DELAYS AND EXTENSION OF TIME
Contract Amount. The Contract Amount constitutes the total compensation payable to the
Contractor for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by the Contractor shall be at his expense without change In the Contract Amount.
The Contract Amount may only be changed by written Change Order issued by the County.
County Obligation. The County owes no duty, obligation, damages, change in Contract
Amount, or liability to Contractor as a result of any delay, interference, suspension or other
event which may impact Contractors progress schedule of its contract.
Extension of Time Sole Remedy. Should Contractors performance, in whole or in part, be
interfered with, delayed, re -sequenced, disrupted, or be suspended in the commencement,
prosecution or completion, for reasons beyond. Contractor's control, and without any fault or
negligence on its part contributing thereto, Contractors sole remedy shall be an extension of
Contract Time in which to complete the Contract.
Contract Time Extension. The County may grant an.extension of Contract Time when a
controlling ftern of work on the critical path of Contractors progress schedule is delayed by
factors not reasonably anticipated or foreseeable at the time of bid. Such time extension may be
allowed only for delays occurring during the time for performance set forth in the progress
schedule. Extensions of Contract Time will not be granted for delays due, in whole or in part., to
the fault or negligence of Contractor or any entity or person for whom Contractor is responsible.
SECTION 7 - SCHEDULES
Schedules. Proiect Schedule Definitions:
a) Work Activities - The significant events of the Project. All significant work activities
must be Identified in sufficient detail to track work activity progress towards completion
and consequentially, the completion of the Project.
b) Start Date and Finish Date - The dates a work activity will begin and will be completed.
C) Duration - The length of time it takes for a work activity to be completed, from Start Date
to Finish Date.
d) Sequence - The order in which a group of work activities must be completed. This
includes work activities that are done concurrently (at the same time), sequentially (must
finish one before starting the next) or overlap (may start one before finishing the other).
e) Critical Path - The complete sequence of work activities whose accumulative duration
determines the length of time needed to complete the entire Project from NTP to Final
Completion.
Critical Path Items - The work activities on the Critical Path.
g) Controlling Work Items — Those activities that are either critical path or indirectly
Influences the critical path. Such as a controlling work item provided by the Owner.
h) Float Time - The duration of a work activity that is not on the Critical Path which could
be delayed without affecting the date of Substantial Completion. Time and conditions for
Float Time shall be clearly established in the Contract Documents.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
CONTRACTOR shall prepare and submit for COUNTY's review a time scaled Project Schedule
with a Critical Path (CPM). The Project Schedule shall show the sequence in- which
CONTRACTOR proposesto accomplish the Work. The Project Schedule shall clearly depict
the order, interdependence, duration, and installation man -days by craft of each Work activity.
The Project Schedule shall show all of the Work activities to be completed and the accumulative
duration of the Critical Path leading to each Substantial and Final Completion. Beginning with
the Purchase Order and ending with the date of Final Completion, the duration of the Project
Schedule's Critical Path shall comply with the Contract Time and shall meet the Contract
Agreement.
�111[41!
Warranty and Guarantee. CONTRACTOR warrants and guarantees that all Work will be in
accordance with the Contract Documents and will not be Defective. All Defective work, whether
or not in place, may be rejected, corrected or accepted as provided in this Section. The
obligations of CONTRACTOR under this subsection shall be in addition to and not in limitation
of any obligation imposed upon him by special guarantees required by the Contract Documents
or otherwise prescribed by Laws or Regulations.
Access to Work. COUNTY'S PROJECT MANAGER shall be permitted access to the Work for
their observation, inspection and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections. CONTRACTOR shall give PROJECT MANAGER timely notice of
readiness of the Work for all required inspections, tests or approvals. Inspections, tests or
observations by PROJECT MANAGER may be performed at their discretion to provide
information to the COUNTY on the progress of the Work. However, such information is not
intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents.
If any law, ordinance, rule, regulation, code or order of any public body, government entity or
court having jurisdiction requires any Work *(or part thereof) to specifically be inspected, tested
or approved, CONTRACTOR shall assume full responsibility therefore, pay all related costs,
schedule related activities at appropriate times, and furnish PROJECT MANAGER the required
certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and
shall pay all costs, in connection with any inspection or testing required in connection with
COUNTY's or PROJECT MANAGERs acceptance of a proposed manufacturer, fabricator,
supplier or distributor of materials or equipment proposed to be incorporated In the Work, or of
material or equipment submitted for approval prior to CONTRACTOR's purchase thereof for
incorporation of the Work. All inspections, tests or approvals shall be performed by persons or
organizations acceptable to COUNTY and PROJECT MANAGER.
Neither observations by PROJECT MANAGER or COUNTY nor inspections, tests or approvals
by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance
with the Contract Documents and Building Code Requirements.
If any testing, inspection or approval under this subsection reveal Defective Work,
CONTRACTOR shall not be allowed to receive any associated costs and COUNTY shall be
entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's costs arising
out of the Defective Work, including costs of repeated procedures, compensation for PROJECT
MANAGER's services and other related costs.
IFB-602168-15[BJC — Term Contract for Fence Parts, Repairs and Installation Services
Final Inspection. Upon written notice from the Contractor that the Work is complete, including
the "punch" listed deficiencies, the Project Manager will make a final. inspection with the
Contractor and will notify the Contractor in writing of any particulars In which this inspection
reveals that the Work is defective. The Contractor shall immediately make such corrections as
are necessary to remedy such defects and to complete all the required work.
Final Inspection for Payment. After the Contractor has completed any such corrections to the
satisfaction' of the Project Manager and delivered all maintenance and operating instructions,
schedules, guarantees, Certificates of Inspection and other documents as required by the
Contract Documents, he may make application for final payment.
Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to
COUNTY and as specified by PROJECT MANAGER, either corrects any defective Work,
whether or not fabricated, installed or completed, or, if the Work has been rejected by
PROJECT MANAGER, remove it from the site and replace it with conforming Work. The
CONTRACTOR shall bear the cost -of repairing or replacing all Work and property of the
COUNTY or others destroyed or damaged or in any way impacted by such correction or
removal.
Contractor's Continuing Obligation. The Contractor's obligation to perform the Work and
complete the Work in accordance with the Contract Documents shall be absolute. *'Neither
approval of any progress or final payment by the County, the issuance of Certificate of
Completion, any payment by the County to the Contractor under the Contract Documents, any
use or occupancy of the Work or any part thereof by the County, any act of acceptance by the
County, any failure to do so, nor any correction of defective Work by the County shall constitute
an acceptance of Work not in accordance with the Contract Documents.
SECTION 9 - SUSPENSION OF WORK AND TERMINATION
The COUNTY May Stop the Work. If the Work is Defective and the CONTRACTOR has been
notified by PROJECT MANAGER or COUNTY, or If CONTRACTOR falls to perform the Work in
compliance with the Contract Documents, or If CONTRACTOR falls to furnish or perform the
Work in such a way that the completed Work will conform to the Contract Documents, or
suitable Materials or Equipment, or If CONTRACTOR falls to obtain, maintain or renew
insurance In conformance with the Contract Documents in a form acceptable to COUNTY, or if
any insurance company CONTRACTOR has obtained insurance from declares bankruptcy or is
declared bankrupt, or If CONTRACTOR falls to prosecute the Work without endangering
persons or property, COUNTY may order CONTRACTOR to stop the Work, or any portion
thereof, until the cause for such order has been eliminated. COUNTYs order to stop the Work
may be communicated through PROJECT MANAGER or by COUNTY. This right of COUNTY
to stop the Work shall not give rise to any duty on the part of COUNTY or PROJECT
MANAGER to exercise this right for the benefit of CONTRACTOR or any other party.
CONTRACTOR shall beer all direct, Indirect, and consequential costs of such order to stop the
Work (including but not limited to fees and charges of PROJECT MANAGER, attorneys and
other professionals, any additional expenses incurred by COUNTY due to delays to others
performing Work under a separate contract with COUNTY, and other obligations), and
CONTRACTOR shall further bear the responsibility for maintaining the Progress Schedule and
shall not be entitled to any extension of Contract Time or increase in the Contract Price.
COUNTY shall be entitled to deduct any expenses so incurred from the Contract Price by
Issuing a Change Order.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and installation Services
SECTION- 10 - MISCELLANEOUS
Giving Notice. Whenever any provision of the Contract Documents requires the giving of
written notice it shall be deemed to have been validly given as of the time of actual delivery if
delivered1n person; or if It Is delivered by registered mail, at the actual time of delivery.
Written notice to be delivered to COUNTY or PROJECT MANAGER or to any of its
representatives by CONTRACTOR shall be delivered at the office stated in the Agreement,
unless otherwise specified in writing to CONTRACTOR. Written notice to CONTRACTOR by
COUNTY or PROJECT MANAGER shall be delivered to the individual or member of the firm or
to an officer of the corporation for whom it is intended at the office stated in the Agreement, or
such other office or individual designated by CONTRACTOR in writing to COUNTY.
Claims for Injury or Damage to Person or Property. Should COUNTY or CONTRACTOR
suffer Injury or damage to person or property because of any error, omission or act of the other
party or of any of the other party's employees or agents or other's for whose acts the other party
is legally liable, claim will be made in writing to the other party within a reasonable time from the
first observance of such injury or damage. This provision shall not be construed as a substitute
for or a waiver of the provisions of any applicable statute of limitations or repose.
No Conflict with Laws or Regulations. The duties, obligations, criteria or procedure imposed
by these General Conditions and the rights and remedies made available are in addition to, and
are not to be construed in any way as a limitation of any rights and remedies available to any or
all of them which are otherwise imposed or available by Laws or Regulations, except that In the
event that a specific part or detailed requirement of a provision, criterion or procedure in these
General Conditions and a specific part or detailed requirement of a provision, criterion or
procedure imposed or available by Laws or Regulations are in conflict the specific part or
detailed requirement of Laws and Regulations shall govem. Ail other specific parts or detailed
requirements In the provisions, criteria or procedures of the applicable Laws or Regulations and
these General Conditions not in conflict shall remain in full force and effect and be read with the
controlling specific part or detailed requirement.
The provisions of this subsection will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obligation, right and remedy to which they
apply.
Each and every provision of law and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted therein and the Contract shall be read and enforced
as though it were included therein.
Partial Invalidity. If any provision of this contract is held by a court of competent jurisdiction to
be invalid or unenforceable, such Invalidity or unenforceability shall not affect the other parts of
this Agreement if ,the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can continue to be effectuated. To that end, this
Agreement is declared severable.
IFB-602158-15/BJC — Term Contract for Fence Parts, Repairs and Installation Services
SUBMrr ! TO:
INVITATION • M
S6MkKft
An
1301 E. Sewnd Skeet
Sanford,Florida _,
Attn: CONTRACTS CD Bidder Acknowedgment i
*ntmt Betw V • WFm CPM I iY=158-1
Pnoanmert St"rdw TERM CONTRACT FOR FENCE PANTS,
4W40-7112 - Phone REPAIRS AND INSTALLATION
407-665-7856 - Fax
booly�inotersowntA-qw SERVICES
Bid Due Date
January 7, 2015
T,�w. 2:00 Pm
(Eastern Standard Time)
mon of Public Q=Ing•
Purchasing & Conbwts DWIslon, Conference Rooth
13E01 E. Second Street, Sanford, FL 32771
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I
If returning Sutmiliar, state rww
(it so, m1mm MY P-890):
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I ype of Er*ty (Circle one): Caqxmithn
The undersigned Bkkler hereby
Incorporated In the State of Fw"
Numbsrs;�Wlth
List Df Principla: David OHdvwc% Ray GH&4vrA
'7h,
& stove •
AuffxwlzdB Signature (Manual) Date
a • : �r c t: • u r•t c -i • • r• s • s s
s a ► • •: I - • tom♦ r t • • c : • -
•� ♦ 3' .•• h: ' 1:
0'r:' tf Y.I is t'♦ 1'•Y
'12' HEM GALVANIZED — INSTALLED:
-ic ncMn I
IVINTL UWAJ CU BLACK OR GREEN AS REQUESTED INSTALLED:
Estimated
$
17.50
_
With top rail, and three strands
Item #
Description
Annual
$
Unit Price
$
Total Price
1,000 W.
$
Qua '
$
20,370.00
Without top rail, three strands of
12
No top rag, three strands security
11000 ff.
$
1625
$
seer barbed wire and fence
1
barbed wire and fence fabric
5.000 ff.
$
12.50
$
fabric installed
13
installed
19.01
$
15.08
8
13,080-0
8,000 if. IS
With top rag and three strands of
1 AW ff.
$
96,730.00
$
Without top fall (no barbed wine)
2
security/ barbed wire
17.98
$
16.05
10
16,050.00
3
With top rail (no barbed wire)
51000 If.
$
15.31
$
76,530:00
4
With no top rail (no barbed wire)
5,000 if.
$
14.33
$
71,650.00
5
Corner posts 2 % In) with fittings
500 ea.
$
75.00
$
37,500.00
-ic ncMn I
IVINTL UWAJ CU BLACK OR GREEN AS REQUESTED INSTALLED:
1,000 if.
$
17.50
0
With top rail, and three strands
17
security barbed wire
1.0009.
$
13.50
$
security barbed wire
1,000 W.
$
2037
$
20,370.00
Without top rail, three strands of
12
secxl* barbed wire and fence fabric
1,000 9.
$
1625
7
seer barbed wire and fence
1,000 ff.
Installed
5.000 ff.
$
12.50
$
fabric installed
13
$
19.01
$
19,010.00
8
With top fall (no barbed wire)
8,000 if. IS
Without talc rail (no barbed wire)
1935
$
96,730.00
g
Without top fall (no barbed wine)
61000 if.
$
17.98
$
B9,90D.00
10
Comer posts (2 % In) with fittings
100 ea.
COrrleraft (2 % fn) with fittings
103.79$
10,379.00
$
T.ZiO 00
s
W HEIGHT AALVANIFn 11 9WTAI r On -
11
WIth top rail. and three strands
1,000 if.
$
17.50
$
17,500.00
17
security barbed wire
1.0009.
$
13.50
$
13.500.00
Wkhout top rail, three stands of
15.75
15,750.00
12
secxl* barbed wire and fence fabric
1,000 9.
$
1625
$
81,250.00
19
Installed
5.000 ff.
$
12.50
$
12,500;00
13
W1h top rail (no barbed wire)
6,000 ff. Is
$
12.60
$
63,O 00
14
Without talc rail (no barbed wire)
5.000 W
11.610
SB,OOd 00
$
$
16
COrrleraft (2 % fn) with fittings
100 ea.
72.50
$
T.ZiO 00
16' HEIGHT A ilkM l:nwrwn m A~ no i+_occu AQ ft=#%stccfront ruem-...
1t3
With top rail, and three strands
security barbed wire
1.0{)0 !f.
$
17.50
$
17,500.00
17
Without top tall, three strands of
secullty barbed wire and 16noe fabdo
1.0009.
IS
$
Installed
15.75
15,750.00
18
With top rag (no barbas! wire)
6.000 If
$
1625
$
81,250.00
19
Without top roti (no barbed wire)
5.000 ff.
$
14.70
$
73,500.00
20
Comer posts (2 % In) with fittings
100 ea.
$
93.00
$
9'3pp.00
COMPANY: Ail -Rite Fear services, lac.
iFB4at158-15/BJC -Term C ntrad far Fence Parts. Repairs and Installetbri SenlCes
6' HEIGHT GALVANIZED - INSTALLED:
d' VMw- tT V1NY . COATED, BLACK OR GREEN AS REQUESTED) -INSTALLED:
26
With top rall, and three strands -
security barbed wire
Estimated
$
13.68
$
13,680.00
Item #
Description
Annual
$
Unit Price
$
Total Prig
28
Wfth top raft (no barbed wire)
Qua!Lan
$
12.40
$
62,000.00
29
With top ral, and three strands
1
$
10.74
$
53,700.00
3D
security barbad wire
.0
$
10.49
$
10,490.00
6' HEIGHT WOOD FENCE:
Without top rail, thr" strands of
$
$
31
;;1;repfdrlreplawnent
22
security barbed wire and fence fabric
1,000 ff.
50.00
$
25,000.00
32
W vmod boardslslats
Installed
$
4.00
9.27
2,200.00
9,270M
23
With top na3 (no barbed wire)
51000 If.
$
9m
$
47,9cw.00
24
Without top 1011 (no barbed wire)
5,000 if.
$
8.34
$
41,700.00
25
Comer posts (2'% In) with fittings
500 ea.
$
72.50
$
36,250.00
d' VMw- tT V1NY . COATED, BLACK OR GREEN AS REQUESTED) -INSTALLED:
26
With top rall, and three strands -
security barbed wire
11000 If.
$
13.68
$
13,680.00
27
Without fop rail, three strands of
security barbed wire and fang fabric
Installed
1,000 C
$
12.03
$
12,030.00
28
Wfth top raft (no barbed wire)
5,000 ff.
$
12.40
$
62,000.00
29
Wfthoutt top rail (no barbad wtre)
6,000 F.
$
10.74
$
53,700.00
3D
Gamer posts (2 Y In) with finings
100 ea.
$
9250
$
9,750.00
6' HEIGHT WOOD FENCE:
31
;;1;repfdrlreplawnent
6' woad fence, l0' sections, rw new Installs
only600
pa,
1560M
50.00
$
25,000.00
32
W vmod boardslslats
$
4.00
$
2,200.00
6' HEIGHT
GALVANIZED INSTALLED:
33
With top rail Including posts
6,000 ff.
8.80
$
44,000.00
34
Without top tall Ir�udIng posts
Comer posts (2 % in) with ffttj W
31000 ff:
5W ea.
fs
7.S8
62.19
$
37 0035
31,095.00
5' HEIGHT IVIKYL COATED, BLACK OR. GREEN AS REQUESTED INSTALLED:
36 With top rail Including posts 51000 ff. 11.28 $ 56,400 v0
37 Without top full irwwft posts 6,Ot>0 If.$ 9 Fit 4B1100,00
38 Comer posts (2 % In) with fittings 500 ae- $ 7932 $ 39,660.00
f5' wood fan e, 10' suctions, no neve installs SM ea.
(re ant only)
40A
20,000.00
s;.wood::s,, 550 ea.
3.00
IASOA0
IFS-602158-ISBM - Term Cantrad for Fame Parts, tjafrs and Ir altation Serr m
4' HEIGHT(RESIDENTIAL —11 % GAUGjj INSTALLED:
41 With top tall including posts 1 5,000 If $ 5.00 25,000.00
42 Without top rail including posts 5,404 tf. $ E30.00
0 $ 20,0CiR00
43 Comer posts (2 % In) with liftings 60088. $ $ 15,0MA0
EdInIOW
Item # Description Annual Unit Price Total Pride
gwank
4' vicod fence, 10 fid secdom $ $
44 (nepafrkepiaceme t: only) no new 500 ea.
Installs 30M 15,000.00
45 4' wood boardstsfats 650 ea. $ 200 $ 1,10000
GATES (REGULAR CHAIN! LINK) INCLUDING ALL HARDWARE NECESSARY FOR
1NATA1.1AT1nu-
48
10' wide x 6' high double wide
25 ea.
$
307.79
$
7.6%.75
47
14' wide x 6' high double wide
25es.
$
370.59
$
9X4.75
48
4' wide x 6' high vaalk gate
259a.
$
135.21
S
3.380.25
44
4' wide x S' high Walk gate
25 ea.
$
142.92
$
3,MM
50
20' wide x 6' high double wide
26 ea.
$
57395
$
14,rW.75
52
24wide x 1W high double wide
25 ea.
$
775.00
$
19,375.00
53
24' wide x 12' high double wide
26 ea.
$
840.00
$
21.000.00
GATES INCLUDING ALL HARDWARE NECESSARY FOR INSTALLATION:
i%nuvi CBATFn su At%w AD rmacm wee own, rae-rcm
54
10' wide x 5' high double wide
26 eta.
$
394.47
$
9,851.7S
55
14' wide x 6' high doge wide
25 ea.
$
482.01
$
12.M 2S
56
4' wide x 5' high wak gate
25 ea.
$
166.10
4,15240
57
4' wide x 6' high wads gate
25 ea.
176.62
$
4,420.50
56
2OWde x 5' high double wide
25+0-
$
662.80
$
17,070.00
58
20' wide x 6' high double wide
26 ea.
719.55
17,986.75
60
24'wide x 10' high double wide
26 ea.
$
945.00
23,625AO
61
24'wide x 12' high double wide
25 ea.
$
1,046.00
26,150.00
COMPANY:. Alt -Rite FenceSavica%Ice.
IFS-602158.1513tC - Term Cor*act for Fwme Parts, Repaim and Instaltatlon Semices
ll
- ifs r «111;1377 777T
62
12' high fence
1,000 ea«
$ 131«18
$
131,180-00
63
10' high fence
1,000 ea.
$ 118-08
�
118AM00
64
6' high lance
1,000 ea.
I11A2
$
111AXW
65
5' high fence
1,000 68.
$ 103.55
$
103,554-00
66
4' high fence
1,000 e0,
50-00
$
5$000-00
3" POSTS INSTALLED WITH STANDARD DoT HARDWARE:
72
12' high fence
Eetirnated
S
35.00
S
35,000.00
item #
Desc6ption
Annual
$
Unit Prim
g
Total P doe
74
6' high fence
Quantdy
S
25.00
$
25 00
67
12' high fence
1,000 ea.
$
85.00
$
85.000.00
75
5' high fence
1,000 ea.
20.00
$
20,OOU 00
68
10' high fence
1,000 88•
$
75.00
75,000.00
.69
6' high fence
1•000 ea.
$
72.00
$
72,000.00
70.
5' high fence
1,000 ea.
67.10
$
67,100.00
71
4' high fence
1,000 ea.
$
40.00
$
40.000:00
72
12' high fence
1,000 ea.
S
35.00
S
35,000.00
73
10' high fietue
1,000 Baa.
$
30.00
g
30,000.00
74
6' high fence
1,000 ea.
S
25.00
$
25 00
4' high fence
1.000 ea.
$ 10.00
$ 10,000.00
75
5' high fence
1,000 ea.
20.00
$
20,OOU 00
76
4' high fence
1,000 ea.
$
15.00
$
15,M-00
• • i k7;1:4 • •_• 11
77
12' high fence
1,000 ea.
20,E
$ 20,0O0,00
78
10' high fence
1,000 ea.
$ 18.00
$ 18,000.00
79
6' high fence
1,000 t8.
$ 15.00
$ 15,000.00
80
5' hah fence
1.00008.
$ 12,00
$ i2,0OO 00
81
4' high fence
1.000 ea.
$ 10.00
$ 10,000.00
COMPANY.- 1411 -Rite Pam Services, Im.
h93 -W21 W1 SWC - Term Contract for Fence Parts, Repairs aril Installation Sen►I m
MISCELLANEOUS:
82
Top tall kStskd
10,000 if.
$
2.00
20.000.00
83
Angle braos
10066.
$
3000
$
31040.00
84
Removal of existing fence (including
f►,
$
2.00
$
'
0,000.44
Standard hourly rates
Monday- Friday, 8 am — 5 pm
(not to be used for removal or debris
1,500 tus.
$
d
30.04
45,000.00
Mons andar+d hourly rates (trot to be used
for removal or debris disposal)
500 hm$
35.00
$
17,504.00
I TOTAL ESTIMATED ANNUAL. BID 1$ 202,;4 1
COMPANY: ilii -Rite Fe= SeMcM I= t` '
IFS482t58-ISWC- Term Contract for Fence Parts, emirs and Installation Services
i'
I
T,Zo-
NTY4"
ilillili' Milli ML
=Oman=
NMI
ALLRITE-01 NIBLACKD
CERTIFICATE OF LIABILITY INSURANCE"TEW°D'y"M
LTR
TYPE OF INSURANCE
315!2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: ff the certificate holder Is an ADDITIONAL INSURED, the policy(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
Insurance Office of America, Inc.
1855 West State Road 434
Longwood, FL 32750
HONEWr Pam Kimble
PHS
A� o (407 788.3000 A Ado ; 407) 788-7933
ADOREW: Pam.KimbkCNoausa.com
INSURER AFFORDING COVERAGE MAIC p
Ir SURERA:National Trust Insurance Company 20141
INSURED
NHsuRER a: FCCI Insurance Com an 10178
wsuRERC:Brid efield Employers Insurance Company 110701
All Rite Fence Services, Inc.
5115 Old Winter Garden Rd.
Orlando, FL 32811
INSURER D:
INSURERE:
USURER F •
GENERAL AGGREGATE $ 2,000,00
a.vvcrtsavco ,..11=11c nrn.a, r- ,a,,,u,es,-,e. wi Ina,^11,1 &1116
ra.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICYWIF
POL CY
rvYYY
LIMITS
A
X COMMERCIAL GENERAL LIABILITY
cummsAvmE fX1 OCCUR
X contractual liab as
X
GL 0017187
10/01/2014
10101/2015
EACH OCCURRENCE $ 1,000,00
PREMISES KftNTED g 100,00
A"yime ' $ 5100
X included in GL pol.
PERSONAL & ADV INJURY $ 1,000,00
GEN•L AGGREGATE LIMIT APPLIES PER:
POLICY TOOT LOCPRODUCTS-COMPFOPAGG,
GENERAL AGGREGATE $ 2,000,00
$ 2,000,00
$
OTHER:
B
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS fNED
HIRED AUTOS AUTOS
CA00280501
10/01/2014
1010112015
COMM
a 1SINGLE M g 1,000,00
BODR_Y iN.IURY (Per person) $
BODILY INJURY(Per scddenq S
PROP Ism) GE $
$
B
X
UMBRELLA UAB
EXCESS LIAR
X
OCCUR
ICtAJMS-MADE
XM80019763
iU
10/01/2014
10/0112015
EACH OCCURRENCE $ 51000,00
AGGREGATE$ 5,000,000
DED I X I RETENTION$ 10,000
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANY PROPRIETOR/PARTNEWEXECUTWE
OFFIGERMIEMBER EXCLUDED? N❑
(Merm—yMNNI
I descrWe under
DESCRIPTION OF OPERATIONS big.
N /A
30.36794
10101/2014
10/0112015
X STTARTUiE O __,._...._.
EL EACH ACCIDENT $ 1,000,
EL 04SEASE - EA EMPLOYE19 $ 1,000,00
EL DISEASE - POLICY umrr s 1,000,00
B
B
quipment Floater
Leased/Rented Equip.
M 0008381
M 0008361
10/0112014
10101/2014
1010112015
10/0112015
Leased/Rented Equip. 160,
Deductible 1,00
DESCRIPTION OF OPERATIONS i LOCATIONS / VEHICLES (ACORD 101, Additional Rem ft Scheduls, may be attached U mote space is required)
Seminole County Board of County Comm)ssloners IS additonal insured as respects to general liability per form CGLO8410113 as required by written contract
Umbrella. policy is excess over GL, Auto and workers oompensation.
NOC: 34daysldays notice of cancellation applies to the Seminole County for all policies.
Seminole County, a politcal subdivision of the State of
Seminole County Services Building
1101 E. First Street
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
v Ivor AL:t7KU C:OKPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
GL0027187
COMMERCIAL GENERAL LIABILITY
CGL 084 (10 13)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS --
AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION
AGREEMENT WITH YOU -- ONGOING OPERATIONS AND
PRODUCTS -COMPLETED OPERATIONS
This endorsement modifies Insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
or
contract or agreement per
Locations of Covered Op . ations
(As per the written contract or agreement, provided the location is within the "coverage territory",)
(Information required to complete this Schedule, if not shown above, will be shown in the -Declarations.)
A. Section h —Who Is An Insured Is amended to include as an additional insured.
1. Any person or organization for whom you are performing operations when you and such person or
organization have agreed in writing In a contract or agreement in effect during the term of this policy that
such person or organization be added as an additional insured on your policy; and
2. Any other person or organization you are required to add as an additional Insured under the contract or
agreement described In Paragraph 1. above; and
3. The particular person or organization, if any, scheduled above.
Such person(s) or organization(s) Is an additional Insured only with respect to liability for "bodily injury".
"property damage" or "personal and advertising injury" occurring after the execution of the contract or
agreement described In Paragraph 1, above and caused, in whole or In part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for
the additional Insured; or
3. Your work" performed for the additional Insured and included in the "products -completed operations
hazard" If such coverage is specifically required in the written contract or agreement.
CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc, with its permission. Page 1 of 3
Copyright 2013 FOCI Insurance Group.
GLOO17187
COMMERCIAL GENERAL LIABILITY
COL 084 (10 13)
However, the insurance afforded to such additional Insured(s) described above:
1. Only applies to the extent permitted by law;
2. Will not be broader than that which you are required by the contract or agreement to provide for such
additional Insured;
3. Will not be broader than that which Is afforded to you under this policy; and
4. Nothing herein shall extend the term of this policy.
B. The Insurance provided to the additional Insured does not apply to "bodily injury", "property damage" or
"personal and advertising injury" arising out of the rendering of, or the failure to render, any professional
architectural, engineering or surveying services, including:
1. The preparing, approving, or fading to prepare or approve, maps, shop drawings, opinions, reports,
surveys, field orders, change orders or drawings and specifications; or
2. Supervisory, inspection, architectural or engineering activities.
C. This insurance is excess over any other valid and collectible Insurance available to the additional insured
whether on a primary, excess, contingent or any other basis; unless the written contract or agreement
requires that this Insurance be primary and non-contributory, in which case this insurance will be primary and
non-contributory relative to insurance on which the additional Insured is a Named Insured.
D. With respect to the Insurance afforded to these additional insureds, the following is added to Section 911—
Limits of insurance:
The most we will pay on behalf of the additional Insured Is the amount of Insurance:
1. Required by the contractor agreement described in Paragraph A.1.; or
2. Available under the applicable Limits of Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.
E. Section IV — Commercial General Liability Conditions is amended as follows:
The Duties in The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following
additional conditions applicable to the additional Insured;
An additional insured under this endorsement must as soon as practicable:
1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suis under this
insurance, and of any claim or "suit" that does result
2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the
Investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy
conditions; and
3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would
cover the additional insured for a loss we cover under this endorsement and agree to make available all
such other Insurance. However, this condition does not affect Paragraph C. above.
CGL 084 (10 13) includes copyrighted material of the Insurance Services Offices, inc. with its permission. Page 2 of 3
Copyright 2,013 FCC( Insurance Group.
GL0017187
COMMERCIAL GENERAL LIABILITY
CGL 084 (10 13)
We he" no duty to defend or indemnify an additional insured under this endorsement until we receive from
the additional insured written notice of a claim or "suit".
F. This endorsement does not apply to any additional insured or project that Is specifically Identified In any other
additional Insured endorsement attached to the Commercial General Usbllity Coverage Form.
COL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Mc, YAth Its permission. Page 3 of 3
Copyright 2013 FCCI Insurance Group.