HomeMy WebLinkAbout069-26 - All Around Fence Company LLC - ContractDocusign Envelope ID: FDAF5AOB-9B1C-874F-8368-088C932CA944
069-26
Port Orchard Contract #:
Authorized Amount: $75,000.00
Date Start: 6/9/2026
Date End: 6/9/2029
GOODS AND SERVICES CONTRACT
THIS AGREEMENT is entered into by and between the City of Port Orchard,
Washington, a municipal corporation (hereinafter "City") and All Around Fence Company, LLC
organized under the laws of the State of Washington located and doing business at PO BOX
98909 LAKEWOOD, WA 98496 (hereinafter "Vendor"), (collectively, the "Parties").
RECITALS:
WHEREAS, the City has determined it needs to have obtain certain goods or materials
and
WHEREAS, the City desires to have the Vendor provide such goods and services pursuant
to certain terms and conditions;
NOW, THEREFORE, in consideration of the mutual benefits and conditions hereinafter
contained, the Parties hereto agree as follows:
AGREEMENT:
1. Goods materials andlor services to be delivered by Vendor. The Vendor
shall provide the following goods and materials to and/or perform the following the services for
the City:
The Vendor shall provide on -call fencing materials and services, including furnishing
fencing components (such as chain -link, wood, metal, posts, gates, and hardware) and
performing installation, repair, replacement, and removal of fencing at various City locations.
Work will be assigned through written task orders issued by the City, which will specify
location, scope, materials, and required completion timelines.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods,
materials, and services through other sources.
2. Time of Completion. Upon the effective date of this Agreement, Vendor shall
complete all work and provide all goods, materials, and services during the term of this
Agreement, from June 9, 2026 through June 9, 2029. Specific work assignments will be issued
through written Task Orders, each of which will establish its own commencement date,
performance period, and completion deadline.
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3. Compensation and Method of Pavnient. The City shall pay the Vendor for
goods and services rendered according to the rates and methods set forth below.
LUMP SUM. Compensation for these services shall be a Lump Sum of
$ , including applicable Washington State Sales Tax, for
the services contemplated in this Agreement.
X TIME AND MATERIALS NOT TO EXCEED. Compensation for these
services shall not exceed $75000.00 for the three-year contract term,
including applicable Washington State Sales Tax, without written
authorization and will be based on the list of billing rates and reimbursable
expenses attached hereto as Exhibit "B."
L TIME AND MATERIALS. Compensation for these services shall be on a
time and materials basis according to the list of billing rates and reimbursable
expenses attached hereto as Exhibit "B."
P OTHER
All invoices shall be paid by City warrant within thirty (30) days of receipt of a complete
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Vendor of
the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice
not in dispute, and the Parties shall immediately make every effort to settle the disputed portion.
4. Prevailing Wages. The Vendor shall pay prevailing wages as required by law
and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this
Contract, the Vendor shall submit — on behalf of itself and each and every Sub -Vendor — a
"Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of
Labor and Industries (See link below.) Following the final acceptance of the work, or termination
of this Agreement, whichever occurs last, the Vendor must submit — on behalf of itself and every
Sub -Vendor — an "Affidavit of Wages Paid" for final payment. Final payments shall be made in
accordance with the requirements of Chapter 39.12 RCW.
Refer to https://Ini.wa.gov/licensing-permits/public-works-protects/prevailing-wage-rates/ for
Washington State Prevailing Wage rates.
5. Objection by City. If the City object to all or any portion of an invoice, it shall
notify the Vendor and reserves the option to only pay that portion of the invoice not in dispute.
In that event, the Parties will immediately make every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserved its right to withhold
payment from Vendor for any defective or unauthorized goods, materials, or services. If
Vendor is unable, for any reason, to complete any part of this Agreement, the City may
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obtain the goods, materials or services from other sources, and Vendor shall be liable to
the City for any additional costs incurred by the City. "Additional costs" shall mean all
reasonable costs, including legal costs and attorneys' fees, incurred by the City beyond
the maximum Agreement price specified above. The City further reserves its right to
deduct these additional costs incurred to complete this Agreement with other sources,
from any and all amounts due to become due the Vendor.
B. Final Payment: Waiver of Claims. VENDOR'S ACCEPTANCE OF
FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT
THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY VENDOR
AS UNSETTLED AT THE TIME A REQUEST FOR FINAL PAYMENT IS MADE.
6. Termination. City may terminate this Agreement at any time if Vendor fails to
perform any obligation described in this Agreement. Alternatively, City may terminate this
Agreement without cause on at least fourteen (14) days' notice. Upon receipt of the notice, the
Vendor shall acknowledge receipt to the City in writing and immediately commence to end the
Work in a reasonable and orderly manner. Unless terminated for Vendor's breach, the Vendor
shall be paid or reimbursed for all hours worked or for the goods or materials provided up to the
termination date, less all payments previously made. The notice may be sent by any method
reasonably believed to provide Vendor actual notice in a timely manner.
7. Changes. The City may issue a written amendment for any change in the goods,
materials, or services to be provided during the performance of this Agreement. If the Vendor
determines, for any reason, that an amendment is necessary, Vendor must submit a written
amendment request to the person listed in the Notice section of this Agreement within fourteen
(14) calendar days of the date Vendor knew or should have known of the facts and events giving
rise to the requested change. If the City determines that the change increases or decreases the
Vendor's costs or time for performance, the City will make an equitable adjustment. The City
will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments.
However, if the Parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Vendor shall proceed with the amended work upon receiving either a
written amendment from the City or an oral order from the City before actually receiving the
written amendment. If the Vendor fails to require an amendment within the time allowed, the
Vendor waives its right to make any claim or submit subsequent amendment requests for that
portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as
provided in Subsections A through E of Section 8 "Claims" below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a
separate acceptance, or (3) not protesting in the way this section provides. An amendment that is
accepted by Vendor as provided in this section shall constitute full payment and final settlement
of all claims for contract time and materials and for direct, indirect, and consequential costs,
including costs of delays related to any work, either covered or affected by the change.
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8. Claims. If the Vendor disagrees with anything required by an amendment,
another written order, or an oral order from the City, including any direction, instruction,
interpretation, or determination by the City, the Vendor may file a claim as provided in this
section. The Vendor shall give written notice to the City of all claims within fourteen (14)
calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14)
calendar days of the date the Vendor knew or should have known of the facts or events giving
rise to the claim, whichever occurs first. Any claim for damages, additional payment for any
reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively
deemed to have been waived by the Vendor unless a timely written claim is made in strict
accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth in
subsections A, items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION
OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN
ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY
FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
A. Notice of Claim. Provide a signed written notice of claim that provides the
following information: ,
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how
that estimate was determined; and
5. An analysis of the progress schedule showing the schedule
change or disruption if the Vendor is asserting a schedule
change or disruption.
B. Records. The Vendor shall keep complete records of extra costs and time
incurred as a result of the asserted events giving rise to the claim. The City
shall have access to any of the Vendor's records needed for evaluating the
protest.
The City will evaluate all claims, provided the procedures in this section are
followed. If the City determines that a claim is valid, the City will adjust
payment for work or time by an equitable adjustment. No adjustment will be
made for an invalid protest.
C. Vendor's Duty to Complete Protested Work. In spite of any claim, the Vendor
shall proceed promptly to provide the goods, materials and services required
by the City under this Agreement.
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D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Vendor also waives any additional entitlement and accepts from
the City any written or oral order (including directions, instructions,
interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Vendor completely waives any claims for
protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
9. Limitation of Actions. VENDOR MUST, IN ANY EVENT, FILE ANY
LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120
CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR
VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED. THIS
SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
10. Duration of Agreement; Extensions. This Agreement shall be in full force and
effect for a period commencing 6/9/2026 and ending 6/9/2029 unless sooner terminated under the
provisions contained in Section 6 "Termination". Time is of the essence of this Agreement in each
and all of its provisions in which performance is required. The City reserves the rights to review
the Agreement at regular intervals to assure the quality of services provided by the Vendor. This
Agreement may be extended by the City up to two times each of a one-year duration (for a total
of two years if both extensions are enacted). Such notice of extension shall be provided by the
City to the Vendor prior to contract expiration.
11. Warranty. This Agreement is subject to all warranty provisions established
under the Uniform Commercial Code, Title 62A, Revised Code of Washington. Vendor warrants
goods are merchantable, are fit for the particular purpose for which they were obtained and will
perform in accordance with their specifications and Vendor's representations to City. The
Vendor shall correct all defects in workmanship and materials within one (1) year from the date
of the City's acceptance of the Contract work. In the event any part of the goods are repaired,
only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When
defects are corrected, the warranty for that portion of the work shall extend for one (1) year from
the date such correction is completed and accepted by the City. The Vendor shall begin to correct
any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If
the Vendor does not accomplish the corrections within a reasonable time as determined by the
City, the City may complete the corrections and the Vendor shall pay all costs incurred by the
City in order to accomplish the correction.
12. Standard of Care. The Vendor represents and warrants that it, and the Vendor's
employees, have the requisite training, skill and experience necessary to provide the services
under this Agreement and are appropriately accredited and licensed by all applicable agencies
and governmental entities. Vendor further warrants that it has or will have a valid Port Orchard
business license during the entire time that this Agreement is in effect. Services provided by the
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Vendor and the Vendor's employees under this Agreement will be performed in a manner
consistent with that degree of care and skill ordinarily exercised by members of the same
profession currently practicing in similar circumstances.
The Vendor and the Vendor's employees shall conduct themselves in a professional
manner at all times when on site. The Vendor's employees shall wear clothing and/or a uniform
which clearly identifies them as an employee of the Vendor.
The Vendor further represents and warrants that it shall provide proper supervision for
any employees utilized to perform the services herein and shall ensure that all employees are
properly trained and qualified. The Vendor shall ensure that all workplace safety requirements of
state or federal law are strictly observed at all times. The Vendor warrants that all employees
have been trained to comply with state and federal standards (including but not limited to
standards for handling chemicals, WISHA and OSHA) relevant to the duties to be performed in
accordance with the Scope of Work.
13. Indemnification. Vendor shall defend, indemnify, and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or resulting from the acts, errors or
omissions of the Vendor in performance of this Agreement, except for injuries and damages
caused by the sole negligence of the City. Should a court of competent jurisdiction determine
that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Vendor and the City, its officers, officials, employees, and
volunteers, the Vendor's liability, including the duty and cost to defend, hereunder shall be only
to the extent of the Vendor's negligence.
It is further specifically and expressly understood that the indemnification provided herein
constitutes the Vendor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for
the purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The City's inspection or acceptance of any of Vendor's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT
THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE VENDOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW,
SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS
WAIVER.
The provisions of this section shall survive the expiration or termination of this
Agreement.
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14. Insurance. The Vendor shall procure and maintain for the duration of the
Agreement, insurance against claims for injuries to persons or damage to property which may
arise from or in connection with products and materials supplied to the City.
No Limitation. Vendor's maintenance of insurance as required by the agreement shall not be
construed to limit the liability of the Vendor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance. Vendor shall obtain insurance of the type
described below:
i. Commercial General Liability ("CGL") insurance shall be written
on ISO occurrence form CG 00 01 and shall cover products
liability. The City shall be named as an insured under the
Vendor's Commercial General Liability Insurance policy using
ISO Additional Insured -Vendors Endorsement CG 20 l5 or a
substitute endorsement providing equivalent coverage. CGL
insurance shall be written with limits no less than $1,000,000 each
occurrence, $1,000,000 general aggregate, and a $2,000,000
products liability aggregate limit. Vendor's CGL insurance
policies are to contain or be endorsed to contain that they shall be
primary insurance as respect the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City shall
be excess of the Vendor's insurance and shall not contribute with
it. The Vendor's insurance shall be endorsed to state that coverage
shall not be cancelled by either party, except after thirty (30) days
prior written notice by certified mail, return receipt requested, has
been given to the City.
ii. Workers' Compensation coverage as required by the Industrial
Insurance laws of the State of Washington.
B. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A:VII.
C. Verification of Coverage. Vendor shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily
limited to the additional insured endorsement, evidencing the insurance requirements of
the Vendor before goods, materials or supplies will be accepted by the City. Failure on
the part of the Vendor to maintain the insurance as required shall constitute a material
breach of contract. Vendor's maintenance of insurance as required by the agreement shall
not be construed to limit the liability of the Vendor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
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15. Force Majeure. Notwithstanding anything to the contrary in this Agreement, any
prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of God, acts of war,
terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor,
governmental actions, governmental laws, regulations or restrictions, civil commotions,
Casualty, actual or threatened public health emergency (including, without limitation, epidemic,
pandemic, famine, disease, plague, quarantine, and other significant public health risk),
governmental edicts, actions, declarations or quarantines by a governmental entity or health
organization, breaches in cybersecurity, and other causes beyond the reasonable control of the
party obligated to perform, regardless of whether such other causes are (i) foreseeable or
unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively,
a "Force Majeure"), shall excuse the performance of such party for a period equal to any such
prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either party, that time period shall be extended by the period of
any delay in such party's performance caused by a Force Majeure. Provided however, that the
current COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a
Party's performance that result from the pandemic become substantially more onerous after the
effective date of this Agreement.
16. Other Provisions.
A. Independent Contractor. Vendor and City agree that Vendor is an
independent contractor with respect to the services provided pursuant to this Agreement.
As the Vendor is customarily engaged in an independently established trade which
encompasses the providing the specific goods, materials, and/or services provided to the
City hereunder, no agent, employee, representative or sub -vendor of the Vendor shall be
or shall be deemed to be the employee, agent, representative or sub -vendor of the City. In
the performance of the work, the Vendor is an independent contractor with the ability to
control and direct the performance and details of the work, the City being interested only
in the results obtained under this Agreement. Nothing in this Agreement shall be
considered to create the relationship of employer and employee between the parties
hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits
accorded City employees by virtue of the services provided under this Agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax
or social security or contributing to the State Industrial Insurance Program, or otherwise
assuming the duties of an employer with respect to the Vendor, or any employee of the
Vendor.
B. Record Keeping and Reporting. Vendor shall maintain accounts and records,
including personnel, property, financial, and programmatic records, which sufficiently
and properly reflect and account for all direct and indirect costs of any nature expended,
services performed, and funds paid by the City pursuant to this Agreement. These records
shall be maintained for a period of seven (7) years after termination of this Agreement,
unless permission to destroy them is granted by the Office of the Archivist in accordance
with Chapter 40.14 RCW and by the City.
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C. Audits and Inspections. The records and documents with respect to all
matters covered by this Agreement are the property of the City, and shall be subject at all
times to inspection, review or audit by the City during the performance of this Agreement
and for the aforementioned retention period.
D. Vendor to Maintain Records to Support Independent Contractor Status.
On the effective date of this Agreement (or shortly thereafter), the Vendor shall comply
with all federal and state laws applicable to independent contractors including, but not
limited to the maintenance of a separate set of books and records that reflect all items of
income and expenses of the Vendor's business, pursuant to the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services performed
by the Vendor under this Agreement shall not give rise to an employer -employee
relationship between the Parties which is subject to RCW Title 51, Industrial Insurance.
E. Work Performed at Vendor's Own Risk. The Vendor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
sub -vendors in the performance of the work hereunder and shall utilize all protection
necessary for that purpose. All work shall be done at the Vendor's own risk, and the
Vendor shall be responsible for any loss of or damage to materials, tools, or other articles
used or held by the Vendor for use in connection with the work.
F. Discrimination Prohibited. Vendor shall not discriminate against any
employee, applicant for employment, or any person seeking the services of the Vendor
under this Agreement, on the basis of race, color, height and weight, religion, creed, sex
(including pregnancy), sexual orientation (including gender identity), age, national origin,
marital status, presence of any sensory, mental or physical disability (including use of a
trained dog guide or service animal), honorably discharged veteran or military status,
HIV/AIDS and Hepatitis C status, or other circumstance prohibited by federal, State or
local law or ordinance, except for a bona fide occupational qualification. Violation of this
Section shall be a material breach of this Agreement and grounds for cancellation,
termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
G. Assignment and Subcontract. Vendor shall not assign or subcontract any
portion of the services contemplated by this Agreement without the prior written consent
of the City.
H. Media Rights. Vendor agrees to allow the City to photograph or record
Vendor's activities and permits the use of such photographs or recordings or promotional
purposes.
I. Non -appropriation of Funds. If sufficient funds are not appropriated or
allocated for payment under this Agreement for any future fiscal period, the City will so
notify the Vendor and shall not be obligated to make payments for services or amounts
incurred after the end of the current fiscal period. No penalty or expense shall accrue to
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the City in the event that the terms of the provision are effectuated.
J. Applicable Law: Venue; Attorneys' Fees. This Agreement shall be governed
by and construed in accordance with the laws of the State of Washington, and venue or
any legal action to enforce this Agreement shall be exclusively in Kitsap County,
Washington. The prevailing party in any such action shall be entitled to its attorneys' fees
and costs of suit, which shall be fixed by the judge hearing the case and such fee shall be
included in the judgment.
K. Entire Agreement. The written provisions and terms of this Agreement,
together with any Exhibits attached hereto, shall supersede all prior verbal statements of
any officer or other representative of the City, and such statements shall not be effective
or be construed as entering into or forming a part of or altering in any manner this
Agreement. All of the above documents are hereby made a part of this Agreement.
However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
L. Compliance with Laws. The Vendor agrees to comply with all federal, state,
and municipal laws, rules, and regulations that are now effective or in the future become
applicable to Vendor's business, equipment, and personnel engaged in operations covered
by this Agreement or accruing out of the performance of those operations.
M. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
N. Severability. Any provision or part of this Agreement held to be void or
unenforceable under any law or regulation shall be deemed stricken and all remaining
provisions shall continue to be valid and binding upon the City and the Vendor.
O. Notices. Notices to the City of Port Orchard shall be sent to the following
address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwal lacetu.ci tyotpcnturchard. us
Notices to the Vendor shall be sent to the following address:
PO BOX 98909
LAKEWOOD, WA 98496
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VENDOR: CITY OF P sORG.yHARD:
BY:%ZV"2, ('9) BY:
tl Robert utaansuu
Title: Si' I M40
Date: Date:
City of Port Orchard and All -Around Fence Company, LLC
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Mayor
6/10/2026
ATTEST/AUTHENTICATE:
E
S'iigned by:AC.Ac cARRII/1fA1A
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Signed by:
203701 G 520157
Port Orchard City Attorney's Office
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EXHIBIT A
INVITATION TO BID
CITY OF PORT ORCHARD
Fencing On -Call
PUBLIC WORKS PROJECT NO. PW2026-006
May 15, 2026
Notice is hereby given that bids will be received for Fencing On -Call. Interested parties should submit
their proposals to:
City of Port Orchard Public Works Department
216 Prospect Street
Port Orchard, WA 98366
Email: bidsandproposalsC�+portorchardwa.gov
RE: ITB — Fencing On -Call
Proposals will be received until on choi�n�c
No proposals will be accepted after the above stated time
Project Details
Site(s): Throughout the City of Port Orchard, at various Public Works locations as requested.
Scope of Work: The City of Port Orchard Public Works Department is seeking bids from qualified
contractors to provide on -call fencing and gate services. Work may include installation, repair,
maintenance, and removal of fencing and gates at City -owned sites. Contractors shall include all
labor, materials, equipment, tools, transportation, and incidentals necessary to perform the
requested services in accordance with project -specific direction issued under this contract.
Estimated Quantities: All quantities are estimates for bid evaluation purposes only. Actual usage
may increase or decrease based on City needs. Contractors shall provide services as required
and shall hold the City harmless for increases or decreases in quantities.
This project consists of furnishing all materials, equipment, tools, labor and other work or items
incidental theretofore.
GENERAL TERMS AND CONDITIONS
1. Per RCW 39.12.030, this is a prevailing wage contract and workers shall receive the prevailing
wage rate as established by Labor and Industries (L&I).
The vendor is required to pay, at a minimum, the applicable prevailing wage rates to those
employees performing services under the Contract. The applicable wage rates are set forth in the
State of Washington Department of Labor and Industries Prevailing Wage Rate Schedule, RCW
39.12.020.
The project site is located in Kitsap County.
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
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The prevailing wage schedule in effect for the work under the Contract will be the one in effect
upon the prime contractor's bid due date with these exceptions:
o If the project is not awarded within six (6) months of the bid due date, the award date
(the date the contract is executed) is the effective date.
o If the project is not awarded pursuant to bids, the award date (the date the contract is
executed) is the effective date.
o Janitorial contracts follow WAC 296-127-023.
The bid due date is
The rates in effect on the bid due date shall apply for the duration of the contract (unless
otherwise noted in the solicitation).
It is the responsibility of the vendor to ensure the appropriate labor classification(s) are identified
and that the applicable wage and benefit rates are taken into consideration when preparing their
proposal according to these specifications.
The selected vendor must submit to the Department of Labor and Industries, a "Statement of
Intent to Pay Prevailing Wages". A copy of the certified Intent Statement must be submitted to
the City prior to payment of the first invoice. The vendor will pay promptly, when due, all wages
accruing to its employees.
All invoice or payment applications are required to bear the following signed statement: "I certify
that wages paid under this contract are equal to or greater than the applicable wage rates set
forth in the Washington State Prevailing Wage Rates for Public Works Contracts issued by the
State of Washington Department of Labor and Industries."
The selected vendor must submit to the Department of Labor and Industries an "Affidavit of
Wages Paid" and a copy of an approved Affidavit must be submitted at the end of the contract to
the City before the last payment or any retained funds will be released.
The cost of filing a Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid with
the Department of Labor and Industries shall be at no additional cost to the City. The Director of
the Department of Labor and Industries shall arbitrate all disputes of the prevailing wage rate,
RCW 39.12.060 and WAC 296-127-060.
Look up the prevailing rates of pay, benefit, and overtime codes from this link:
http://www.ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp A copy of the
prevailing wage rates is available for viewing at the City of Port Orchard Department of Public
Works. A hard copy will be mailed upon request.
For prevailing wage questions, contact the Department of Labor & Industries at
PW1@Lni.wa.gov or 360-902-5335.
2. The company will submit the L&I approved Intent to Pay with the invoice. If there is more than
one invoice, submit the Intent to Pay with the first invoice and submit the Affidavit with the last
invoice. We will not accept the invoice without the approved Intent to Pay from L&I.
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 2 of 11
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
3. The successful bidder must have a City business license prior to award of contract and must be
an active participate on the MRSC Small Works Roster for the City of Port Orchard. For more
information regarding the MRSC, visit their website at www.mrscrosters.ora.
4. A retainage of 5% will be held on all public improvement projects per RCW 60.28.011. The
retainage will be released after the City is provided the Affidavit of Wages Paid and approval of
the Department of Revenue. All expenses associated with the prevailing wage rules are the
responsibility of the contractor.
5. Insurance Requirements: The successful bidder will furnish insurance as stipulated in the contract
documents attachment entitled "Insurance Requirements"
6. A Performance & Payment Bond at 100% of the Contract Value.
7. A two-year Maintenance Bond at 20% of the Contract Value.
8. Contractor Disqualification
A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet
the following responsibility criteria set forth in RCW 39.04.350:
1. Before award of a public works contract, a bidder must meet the following responsibility
criteria to be considered a responsible bidder and qualified to be awarded a public works
project. The bidder must:
a. At the time of bid submittal, have a certificate of registration in compliance with
chapter 18.27 RCW;
b. Have a current state unified business identifier number;
c. If applicable, have industrial insurance coverage for the bidder's employees
working in Washington as required in Title 51 RCW; an employment security
department number as required in Title 50 RCW; and a state excise tax
registration number as required in Title 82 RCW;
d. Not be disqualified from bidding on any public works contract under RCW
39.06.010 or 39.12.065(3);
e. If bidding on a public works project subject to the apprenticeship utilization
requirements in RCW 39.04.320, not have been found out of compliance by the
Washington state apprenticeship and training council for working apprentices
out of ratio, without appropriate supervision, or outside their approved work
processes as outlined in their standards of apprenticeship under chapter 49.04
RCW for the one-year period immediately preceding the date of the bid
solicitation;
f. Have received training on the requirements related to public works and
prevailing wage under this chapter and chapter 39.12 RCW. The bidder must
designate a person or persons to be trained on these requirements. The
training must be provided by the department of labor and industries or by a
training provider whose curriculum is approved by the department. The
department, in consultation with the prevailing wage advisory committee,
must determine the length of the training. Bidders that have completed three
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 3 of 11
Docusign Envelope ID: FDAF5A0B-9B1C-874F-8368-088C932CA944
or more public works projects and have had a valid business license in
Washington for three or more years are exempt from this subsection. The
department of labor and industries must keep records of entities that have
satisfied the training requirement or are exempt and make the records
available on its web site. Responsible parties may rely on the records made
available by the department regarding satisfaction of the training requirement
or exemption; and
g. Within the three-year period immediately preceding the date of the bid
solicitation, not have been determined by a final and binding citation and notice
of assessment issued by the department of labor and industries or through a
civil judgment entered by a court of limited or general jurisdiction to have
willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46,
49.48, or 49.52 RCW.
2. A bidder may be deemed not responsible and the proposal rejected if:
a.
More than one proposal is submitted for the same project from a bidder under
the same or different names;
b.
Evidence of collusion exists with any other bidder or potential bidder.
Participants in collusion will be restricted from submitting further bids;
c.
The bidder, in the opinion of the Contracting Agency, is not qualified for the
work or to the full extent of the bid, or to the extent that the bid exceeds the
authorized prequalification amount as may have been determined by a
prequalification of the bidder;
d.
An unsatisfactory performance record exists based on past or current
Contracting Agency work or for work done for others, as judged from the
standpoint of conduct of the work; workmanship; progress; affirmative action;
equal employment opportunity practices; or Disadvantaged Business
Enterprise, Minority Business Enterprise, or Women's Business Enterprise
utilization;
e.
There is uncompleted work (Contracting Agency or otherwise) which might
hinder or prevent the prompt completion of the work bid upon;
f.
The bidder failed to settle bills for labor or materials on past or current
contracts;
g.
The bidder has failed to complete a written public contract or has been
convicted of a crime arising from a previous public contract;
h.
The bidder is unable, financially or otherwise, to perform the work; or
i.
There are any other reasons deemed proper by the Contracting Agency.
Americans with Disabilities Act (ADA) Information
The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the
Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its
programs and activities. This material can be made available in an alternate format by emailing the Human
Resources Department at dlund@cityofportorchard.us or by calling (360) 876-7014.
Title VI Statement
The City of Port Orchard in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C.
2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A,
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 4 of 11
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that
in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as
defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and
will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for
an award."
Notice is given to all potential bidders that any bid responses may be subject to release under the Public
Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request.
Bidders are advised to mark any records believed to be trade secrets or confidential in nature as
"confidential." If records marked as "confidential" are found to be responsive to the request for records,
the City may elect to give notice to the bidder of the request so as to allow the bidder to seek a protective
order from a Court. Please be advised, however, that any records deemed responsive to a public records
request may be released at the sole discretion and without notice by the City.
All questions or comments regarding the bid be directed to Sayre Thompson at
brd5andprojosu!@portorchardwagov or call . Unauthorized contact regarding this notice
with other City employees may result in disqualification. Any oral communications will be considered
unofficial and non -binding on the City.
The award of the Contract will go to the qualified bidder submitting the lowest responsible bid. The City
reserves the right to reject any and all submittals and to waive irregularities and informalities in the
submittal and evaluation process. This notice does not obligate the City to pay any costs incurred by
bidders in the preparation and submission of their bids.
Additional Terms and Conditions
For the City's full terms and conditions for this project, please refer to the contract for this project
attached to this ITB. By this reference, the terms and conditions in the contract are incorporated into this
ITB.
Submittal Checklist
O Schedule of Contract Prices
o Acknowledgements
O Bidder's Qualification Form — the Owner reserves the right to check all statements and to judge
the adequacy of the Bidders qualifications.
o Non -collusion Declaration
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 5 of 11
Docusign Envelope ID: FDAF5A0B-9B1C-874F-8368-088C932CA944
ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
Fencing On -Call
PUBLIC WORKS PROJECT NO. PW2026-006
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than
fourteen (14) calendar days after Notice to Proceed and to complete the project within the time
stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to
the Bid Documents:
Addendum No. Date of Receipt
Addendum No. Date of Receipt
Addendum No.
Addendum No.
Date of Receipt
Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid
Proposal and Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid
Documents and will provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the
bid solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of
any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and
notice of assessment issued by the Department of Labor and Industries or through a civil judgment
entered by a court of limited or general jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct."
Signature: 11n Date:
5/'L f
Printed Nameand
Title: Location or Place Executed (City, State):
a J .Me.5 IJfn�� � �Li rt� ESQu r
Business Address: I Business Telephone:
70 $Q& H9101 ►�„�cuJood�vJ0. Oq)4+ c� (j)
NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal
must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the
corporate name by the president or vice-president (or any other corporate officer accompanied by
evidence of authority to sign). Any signature must be notarized below.
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 6 of 11
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
STATE OF
[(s1ih1 W&11
wA
ss.
�lef i�
I certify that I know or have satisfactory evidence that JMLc DCtyley signed this
proposal, on oath stated that they are authorized to execute the proposal and acknowledged it as the
Rr..c.-e C S4i,4a4er (title) of AI \-Arvind c.e t.o (name of partyon
behalf of whom proposal was executed) and acknowledged it to be their free and voluntary act for the
uses and purposes mentioned in this proposal.
Dated this ?- t day of 1Uit i
J
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
ERIKA R PETERSON
NOTARY PUBLIC 0160463
Notary P .QMYISSION EXPIRES
MAY 20.2028
Printed Name
My Commission Expires: S do 2V2V
Page 7 of 11
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
BIDDER'S QUALIFICATION FORM
CITY OF PORT ORCHARD
Fencing On -Call
1. Name of Contractor:! -
Address: ?o lux &12�1UO1 jko0� WA n1g,LlCi(,
LLC.
2. Telephone No. 2( y3 ) SO, - I/1 Fax No.: ( ) r.J/
Email Address: Allaford Gni_ 10 AIf rannd nvt;v+]cn. I.vn.%
3. Washington State Dept. of Labor and Industries Worker's Compensation Account No.: U / o, — l
4. Washington State Dept of Li nsing Contractor's Registration No. ,' LL.4 918394'5
Expiration Date: 5//_./'z 7
5. Washington State Uniform Business Identifier No. 4" 6.E
(Must have UBI number before the contract is awarded.)
6. Number of years engaged in contracting business under above name: 3
7. At the time of bid submittal, did the contractor have a certificate of registration in compliance with
Chapter 18.27 RCW? V
8. Does the contractor have industrial insurance coverage for its employees working in Washington as
required in Title 51 RCW?
9. Does the contractor have an employment security department number as required in Title 50 RCW?
(provide number): 0i20 — C919SQ — da — 6
10. Does the contractor have a state excise tax registration number as required in Title 82 RCW? (provide
number): .- r ` Irz) 7{5 S
11. Has the contractor been disqualified from bidding on any public works contract under RCW 39.06.010
or 39.12.065(3)? 1 2-"O
12. Has the contractor received training on the requirements related to public works and prevailing wage
under chapters 39.04 and 39.12 RCW, as required in RCW 39.04.350(1)(f) 1 /,4 S
13. Within the three-year period immediately preceding the date of the bid solicitation, was the
contractor (determined by a final and binding citation and notice of assessment issued by the
department of labor and industries or through a civil judgment entered by a court of limited or
general jurisdiction) to have willfully violated, as defined in RCW 49.48.082, any provision of chapter
49.46, 49.48, or 49.52 RCW?
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 8 of 11
Docusign Envelope ID: FDAF5A0B-9B1C-874F-8368-088C932CA944
14. Has the contractor violated the "Off -site Prefabricated Non -Standard Project Specific Items" reporting
requirements more than one time as determined by the department of labor and industries?
15. Particular types of construction performed by your company:
Gfc7/ 9// mss we// , e
16. Gross amount of contracts now on hand: $ / 7 T
17. List similar recent construction projects that your firm has done in the last 5 years:
Amount Type Owner's Name Phone
7710lI �.' //y 26-3%i-323
ciry
33 . dd
rove' ' sr
C /ry of
e� 2r3-Zi3 - 3 gf6 y
_
A
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 9 of 11
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
18. What is the construction experience of the principal individuals to be assigned to this project?
Years of
Construction
Name Title Experience Availability
41 /cfrf�►rr! l f
Pursuant to RCW 39.06.020. the contractor further aerees to verify resoonsibility criteria for each of its
subcontractors and to require each of its subcontractors to both verify responsibility criteria for its
subcontractors and include instant condition for verification requirement.
NOTE: Any bidder having current outstanding litigation with the City will not be considered responsible
and will be rejec ed y the City.
By:
(Authorized Signature)
Title: ins. }�++n.�^�•
Date:
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 10 of 11
Docusign Envelope ID: FDAF5A0B-9B1C-874F-8368-088C932CA944
NON -COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States
that the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly
or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any
action in restraint of free competitive bidding in connection with the project for which this
proposal is submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to
the provisions of this declaration.
By:
(Authorized Signature)
Title:-tALo_\ E5k,nv Or
City of Port Orchard
Fencing On -Call, Project No. PW2026-006
Page 11 of 11
Docusign Envelope ID: FDAF5AOB-9B1C-874F-8368-088C932CA944
SCOPE OF CONTRACT
The City of Port Orchard Public Works Department is seeking bids from qualified contractors to provide
on -call fencing and gate repair, replacement, and installation services at various City -owned locations.
Services will be performed on an as -needed basis and must comply with all applicable City of Port
Orchard codes, Washington State regulations, and manufacturer guidelines.
For each renewal period, proposed price increases may be considered. Any increase shall be limited to
the lesser of:
a) the percentage change in the Consumer Price Index for All Urban Consumers (CPI -U), or
b) three percent (3%).
Contractors shall notify the City in writing prior to the renewal date if requesting a price increase.
The City reserves the right to award multiple contracts if determined to be in its best interest. A separate
Task Order wilt be issued for each specific project authorized under the resulting contract. No work may
begin until a Task Order is issued.
Specific Requirements
1. Contractor shall perform all services in accordance with industry standards and best practices.
Contractor shall provide all labor, tools, equipment, materials, transportation, and supplies
necessary to complete the requested work.
2. Services may include, but are not limited to: installation of new wood fencing, installation of chain
link fencing, repair of tension wire, installation and repair of various gate types, resetting or
replacing concrete footings, treating lumber, removal and disposal of fencing materials, clearing
fence lines, and inspection/maintenance of retractable gates and vehicle gates.
3. Any temporary fencing must meet industry standards.
4. All metal materials shall be galvanized or PVC coated; material weight and specifications will be
determined per project.
5. Each project will include an agreed -upon timeline between the City and the contractor. Work
hours may be limited based on site conditions and City requirements.
6. Contractor shall obtain all applicable permits prior to beginning work.
7. Contractor is responsible for verifying all field measurements and dimensions for each job.
8. Contractor shall remove all discarded materials from the job site upon completion of work unless
otherwise approved by the City.
Docusign Envelope ID: FDAF5AOB-9B1C-874F-8368-088C932CA944
9. Any damage caused by the contractor in the course of the work shall be repaired by the contractor
at their expense unless otherwise approved by the City.
10. Site access will be coordinated with the City's designated representative.
11. Contractor shall be able to respond to service requests within 48 hours when required.
Docusign Envelope ID: FDAF5AOB-9B1C-874F-8368-088C932CA944
EXHIBIT B
Schedule of Prices
' ITEM DESCRIPTION UNIT UNIT COST
1
Remove and dispose existing
LF
chain link fence including
gates and posts, 48" to 96"
height
2
Furnish and install new 48", 9-
Lr
gauge, 2" mesh, galvanized
chain link fence
3
Furnish and install new 48", 9-
L.
gauge, 2" mesh, PVC coated
chain link fence
4
Furnish and install new 60", 9-
LF
gauge, 2" mesh, galvanized
chain link fence
5
Furnish and install new 60", 9-
LF
gauge, 2" mesh, PVC coated
chain link fence
6
Furnish and install new 72", 9-
LF
gauge, 2" mesh, galvanized
chain link fence
7
Furnish and install new 72", 9-
LF
gauge, 2" mesh, PVC coated
chain link fence
8
Furnish and install new 84", 9-
LF
gauge, 2" mesh, galvanized
chain link fence
9
Furnish and install new 84", 9-
LF
gauge, 2" mesh, PVC coated
chain link fence
10
Furnish and install new 96", 9-
_
LF
gauge, 2" mesh, galvanized
chain fink fence
11
Furnish and install new 96", 9-
LF
gauge, 2" mesh, PVC coated
chain link fence
12
Furnish and install new 2 3/8"
line post, minimum 30" deep
in 1 cubic ft. of concrete for
• 48"fencing
EA
■ 60" fencing
EA
■ 72" fencing
EA
■ 84" fencing
EA
• 96" fencing
EA
$33--5
ESTIMATED
QUANTITY
300
51
ESTIMATED
TOTAL
$
$
$ I5
35 oa
$ 5�. 50
$ 100 $
$L/125 100
10-
p100 $l Gl
$��,«- 100 $5�6-}"
$ (00.33 110
24
$ 7-. 3 24
48
48
48
$
Docusign Envelope ID: FDAF5AOB-9B1C-874F-8368-088C932CA944
13
Furnish and install new 1 5/8"
EA $
top rail, 8' long
14
Furnish and install new 1 5/8"
EA $ CytDE
top rail, 10' long _
15
3 strand barbed wire,
LE $
galvanized, 12.5 gauge twisted
wire, 4 -point barbs spaced at
4" centers. Installed on 45 -
degree extension arms.
16
Furnish and install new 48"
GATE $ 120'2...53
high x 4' wide gate, complete
with hinges and lockable fork
latch. Gate will be hung on 2
3/8" tine post
17
Furnish and install new 60"
GATE $ I'3° O7
high x 4' wide gate, complete
with hinges and lockable fork
latch. Gate will be hung on 2
3/8" line post
18
_
Furnish and install new 72"
GATE $
high x 4' wide gate, complete
with hinges and lockable fork
latch. Gate wilt be hung on 2
3/8" line post
19
Furnish and install new 72"
GATE $
high x 16' wide double swing
gate, complete with hinges
and lockable drop rod/pin
I
Latch. Gate will be hung on
4.5" tine post, buried 36" deep
in minimum of 2.5 cubic feet
of concrete.
20
Furnish and install new 84"
GATE $ L 3
high x 4' wide gate, complete
with hinges and lockable fork
Latch. Gate wilt be hung on 2
3/8" line post
Furnish and install new 84"
GATE $ LL /?) '--
21
high x 16' wide double swing
gate, complete with hinges
and lockable drop rod/pin
I
latch. Gate will be hung on
4.5" line post, buried 36" deep
in minimum of 2.5 cubic feet
of concrete.
22
Furnish and install new 96"
GATE $ j1/L1 C1, -13
high x 4' wide gate, complete
with hinges and lockable fork
20
$ l Zo 2.1_lo
40
100
--4
$1202-53
$i23LU
1 $12bo.�3
1
$ i35°I,LI�
1
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944
23 ,
•,
?-� a'3irr 1 33r
GATE_ $ I5'3 2a
'SUBTOTAL
TAX (9.3%1" `ci r _J_
TOTAL:
1 V _ AS ?er ?Lorca Convu5 on u)14L `I ti►on,q�bn
All - ° -hr AtS a ,n.S+ 'inC10tle, ;AS}9 A4iOn oc 5re hPitfusfs.
All s ,n•� a off+ es far qn� lrn�, l4erhs W��h. o', s?ec�r--&I wF O- EA',
W Vf- c+aiu%mt,� F,x. kli j 1-D bt• k—JL 1n 0, 6 o, ^�l?.
E,ea Iv. L -w s 12,13 4IN, 'J
Docusign Envelope ID: FDAF5A0B-9B 1 C-874F-8368-088C932CA944