Invitation for Bid (IFB)

TAC 217G

Supplies or Services Requested: Fence Repairs, Installation, and Supplies

Department: Asset Management

NIGP Commodity Code(s): 330-15, 330-58, 988-15

Solicitation Schedule

EVENT DATE

IFB Issue Date

10/07/2026

MANDATORY Pre-Bid Conference 175 E 2nd St S, Tulsa, OK 74103

14th Floor Information Exchange Conference Room

10/13/2026 at 1:00 PM CT

Deadline for Questions Submitted to assigned buyer via email.

10/19/2026 10 Days prior to IFB due date

Bid Submission Date Either mailed or delivered to City Clerk address. Bids are open the day after the due date.

10/28/2026

If You have any questions or need additional information, contact the Assigned Buyer:

Angie Tune, Senior Buyer | atune@cityoftulsa.org All questions should be emailed with TAC 217G on the subject line.

City of Tulsa Finance Department

Submit Bids (sealed) to:

City of Tulsa – City Clerk’s Office 175 E. 2ND St., Suite 260 Tulsa, OK 74103

Bids (2 total:1 original, 1 copy) must be sealed and either mailed or delivered.

Write the Bid Number, Supplies or Service requested (as listed above), and Bid Opening Date on the lower left corner of the outside of Your Bid envelope. Feel free to use included packing slip. No faxed or emailed Bids will be considered.

Barring certain circumstances (Section III-5), Bids received after the stated date and time will not be accepted and will be returned to the Bidder unopened.

mailto:atune@cityoftulsa.org

TAC 217G | Fence Repairs, Installation, and Supplies | Issue Date: 10/07/2026

IFB Rev 02/2024 2

I. STATEMENT OF PURPOSE:

1. Overview and Goals The goal of this solicitation is to secure a source to provide Fence Repairs, Installation, and Supplies for use by the Asset Management Department of the City of Tulsa.

2. Term of Contract The City intends to award a one-year annual contract. The City may offer the Seller the opportunity for additional one-year terms. The City also reserves the right to make multiple or partial awards.

To do business with the City, You must agree to the terms and conditions of the City’s standard Purchase Agreement, indicated by Your Authorized Agent’s signature on the Purchase Agreement.

Capitalized terms used in this IFB and not defined in the Purchase Agreement shall have the meanings as ascribed to them in Title 6, Chapter 4 of the Tulsa Revised Ordinances.

The entire Invitation for Bid (IFB), including any additional information submitted by Bidder and Accepted by City will be included as part of the Agreement between Seller and City. All sheets of this IFB (including Sections I-VI) must be submitted.

Authorized Agent Several parts of the Bid (Affidavits, Purchase Agreement) must be signed by an “Authorized Agent.” An Authorized Agent means an agent who is legally authorized to bind the Seller under the law of the state in which the Seller is legally organized. For instance, under Oklahoma law, the Authorized Agent for each of the following types of entities is as stated below:

o Corporations – the president, board chair or board vice chair (or the vice president if the corporation was formed in Oklahoma) can sign; others can sign if they have and provide the City with (i) a corporate resolution giving them authority to bind the Seller, and (ii) a recent certificate of secretary indicating the authority is still valid and was in full force and effect on the date of the signature. (See IFB Section VI for sample of a Certificate of Secretary) o General Partnerships – any partner can sign to bind all partners.

o Limited Partnerships – the general partner must sign.

o Individuals – no additional authorization is required, but signatures must be witnessed and notarized.

o Sole Proprietorship – the owner can sign. Any other person can sign if s/he provides a recent Power of Attorney, signed by the owner, authorizing him/her to bind the sole proprietorship.

o Limited Liability Company (LLC) – any manager of the LLC elected by the members of the LLC, or any member signing as manager of the LLC. All other signers will need a Consent of Members signed by all the Members of the LLC authorizing their signature on or up to 30 days before the date of their signature. (See Section VI for sample of a Consent of Members)

Entities organized in states other than Oklahoma must follow the law of the state in which they are organized.

https://library.municode.com/ok/tulsa/codes/code_of_ordinances?nodeId=CD_ORD_TIT6FIDE_CH4PU_S407FOCOPUORGERECOPR

IFB Rev 02/2024 3

II. SCOPE OF SERVICES AND SPECIFICATIONS

1. Scope of Services The City is requesting Bids for Fence Repairs, Installation, and Supplies for use by the Asset Management Department.

Seller Qualifications

• Bidders must have experience in providing the type of service specified herein for a minimum of three (3) years from date of Bid opening.

• Bidder must be an independent contractor and in no way classified as a City of Tulsa employee.

• Bidder must be familiar with this type of work and have the necessary equipment and personnel to perform the work within the specified time.

Delivery Requirements All prices quoted shall be based on delivery F.O.B. Tulsa, Oklahoma or to any other points as may be designated in the Specifications, with all charges prepaid by Seller to the actual point of delivery.

Bids must state the number of Days required for delivery under normal conditions.

Absolutely no items over 500lbs. may be directly shipped to the City requiring the City personnel to unload from the shipping truck or trailer. The City carries no responsibility for any damages incurred during an unloading occurrence. All unloading shall be the responsibility of the Seller and/or shipping entity.

2. Specifications

The Bid must meet or exceed the following Specifications.

Bidder Requirements:

• Seller will be responsible for all labor, equipment, and material/supplies required.

• Seller will be responsible for compliance with all applicable federal, state, and municipal laws and ordinances.

• Seller and Seller’s supervisors must be able to communicate in the English language, both written and verbal. Seller or Seller’s supervisor shall be on the work site at all times while work is being performed under this Agreement.

• Seller shall be responsible for the character and actions of their employees at all times while working on this Agreement. Any disrespectful or discourteous actions toward the public will not be tolerated.

• Seller must begin work within 10 (ten) working days of notification of work assignment by the City of Tulsa Authorized Representative.

• Seller must submit detailed, itemized invoices to support claims for each work authorization. The invoices must include the address where the repairs or installation was performed, a description of the repairs or installation performed, the labors hours being charged for the work and a list of the materials used with pricing on all items.

Secondary or Back-Up Source:

The City reserves the right to purchase from a secondary or back-up source to be used in the event of failure of the primary source(s) ability to supply the full needs of the City.

Award:

Bidders must bid all items for the Bid to be considered for award.

IFB Rev 02/2024 4

1. SPECIFICATIONS FOR NEW FENCE INSTALLATION:

Fence Materials:

Fence fabric gauge, mesh, and finish shall be specified by the City of Tulsa Authorized Representative from the materials listed in Exhibit A.

Line Posts:

Galvanized 2” OD Schedule 40 pipe for 4’ or 5’ fence. Galvanized 2-3/8” OD Schedule 40 pipe for 6’ fence. Posts to be equipped with 9-gauge aluminum ties on 14” centers.

Gate and Terminal Posts:

End, corner, pull posts shall be 2-3/8” OD Schedule 40 galvanized pipe for 4’ and 5’ gates; 2-7/8” for 6’ gates. Where gates widths are over 8’, posts shall be 3”, for 4’ and 5’; and 4” for 6’ gates.

Fabric shall be attached to terminal posts by use of ¼” x ¾” diameter bolts and nuts, or by integrally weaving wire to posts in formed lock loops. Pipe posts shall have cast iron or pressed steel top of standard design. Terminal posts must be able to support a minimum of 380 lbs. of force concentrated at a point of 6’ above ground level.

Braces:

Same material as top rail and trussed from line posts back to terminal posts with 3/8” galvanized rod complete with truss tightener.

Bottom Tension Wire:

Wire shall be #7-gauge spring coil tension, fastened to chain link fabric with #11-gauge hog ring on 24” centers. Coating to match fabric furnished.

Top Rail:

1-5/8” OD galvanized pipe. Fabric to be tied to top rail every 24” with #9-gauge aluminum tie wire.

The top rail must be able to support a minimum weight of 190 lbs. of force concentrated between two (2) posts set 10’ apart.

Rail Couplings:

6” long sleeve type galvanized.

Stretcher Bars:

Steel, 3/16” x ¾” or acceptable equivalent, galvanized.

Gates:

4’, 5’, and/or 6’ in height. Shall be swing-type hinges to swing at least 90 degrees from closed to open, complete with hinges, frames, latches, stops, keepers, fabric, and braces. Gate leaves shall have intermediate members and diagonal truss rods as required for rigid construction and free from sag or twist. Joints between frame end members shall be made by welding or by means of heavy fittings, rigid and watertight. Frame coating and fabric for all gates shall be the same as adjacent fencing. Fabric shall be attached to frame ends by stretcher bars, bolt hooks, or other mechanical means. Hinges shall be heavy pattern with large surfaces that won’t twist or turn under action of the gate. Latches for the double-leaf gates shall be plunger bar-type, full gate height, and arranged to engage the gate stop. All latches shall be arranged for padlocking from both sides of the gate. Gates shall be installed so that they cannot be removed without disassembly of the hardware. Hardware attachment bolts shall be penned so that removal will be difficult.

IFB Rev 02/2024 5

Posting Spacing:

All posts shall be plumb and unless otherwise required spaced a maximum 10’ apart. Clearance underneath the fence shall not exceed 2” unless specifically approved by the City.

Foundations:

Where posts are set in earth, concrete foundations 36” deep shall be provided. Concrete foundations shall be circular and not less than 10” in diameter for line posts, and with a diameter not less than the post OD plus 9” for terminal and gate posts.

2. SPECIFICATIONS FOR NEW PRIVACY FENCE INSTALLATION:

Fencing Materials:

• The fence pickets shall measure 1” x 4” and be cedar. They shall also have a top design of either Dog-ear or Gothic as designated by the City. The fence posts shall measure 4” x 4” and be treated. The gate posts shall measure 4” x 4” and be treated. The back rails shall measure 2” x 4” and be treated.

• 4’ fences shall have two (2) back rails. 6’ fences shall have three (3) back rails. 8’ fences shall have four (4) back rails.

• Nails used in assembly of any fence shall be either galvanized or zinc plated.

Gates:

4’, 6’, or 8’ in height. Shall be swing-type hinges to swing at least 90 degrees from closed to open, complete with hinges, frames, latches, stops, keepers, fabric, and braces. Gate leaves shall have intermediate members and diagonal truss rods as required for rigid construction and free from sag or twist. Hinges shall be heavy pattern with large surfaces that won’t twist or turn under action of the gate. Latches for the double-leaf gates shall be plunger bar-type, full gate height, and arranged to engage the gate stop. All latches shall be arranged for padlocking from both sides of the gate.

Gates shall be installed so that they cannot be removed without disassembly of the hardware.

Hardware attachment bolts shall be penned so that removal will be difficult.

• The above specifics for gates shall apply to both walk gates and drive gates.

Post Spacing:

All posts shall be plumb and will be required to be spaced a maximum of 8’ apart. Clearance between the bottom of the fence and ground level shall be a minimum of 2”. Clearance shall not exceed 2” unless specifically approved by the City.

Foundations:

Where posts are set in the earth, a concrete foundation of 36” deep shall be provided. Concrete foundations shall be circular and not less than 10” in diameter.

3. SPECIFICATIONS FOR NEW RAIL FENCE INSTALLATION:

Fencing Materials:

• The fence posts shall be round, measure 4” in diameter, and be treated. The gate posts shall be round, measure 4” in diameter, and be treated. The rails shall be doweled, measure 4” in diameter, and be treated.

• The staples used for attaching the fabric mesh shall be either galvanized or zinc plated.

• The fence fabric gauge, mesh, and finish, if used, shall be specified by the City of Tulsa Authorized Representative from the materials listed in Exhibit A.

• The rail fences shall be 4’ high with 2 horizontal rails.

IFB Rev 02/2024 6

Gates:

4’ in height. Shall be swing-type hinges to swing at least 90 degrees from closed to open, complete with hinges, frames, latches, stops, keepers, fabric, and braces. Gate leaves shall have intermediate members and diagonal truss rods as required for rigid construction and free from sag or twist. Fabric mesh shall also line the gate. Hinges shall be heavy pattern with large surfaces that won’t twist or turn under action of the gate. Latches for the double-leaf gates shall be plunger bar-type, full gate height, and arranged to engage the gate stop. All latches shall be arranged for padlocking from both sides of the gate. Gates shall be installed so that they cannot be removed without disassembly of the hardware. Hardware attachment bolts shall be penned so that removal will be difficult.

• The above specifics for gates shall apply to both walk gates and drive gates.

Post Spacing:

All posts shall be plumb and will be required to be spaced 8’ apart. Clearance between the bottom of the fence fabric mesh and ground level shall be a minimum of 2”. Clearance shall not exceed 2” unless specifically approved by the City.

Foundations:

Where posts are set in the earth, a concrete foundation of 36” deep shall be provided. Concrete foundations shall be circular and not less than 10” in diameter.

4. SPECIFICATIONS FOR MISCELLANIOUS FENCE REPAIR:

• Replacement fence fabric or other materials used in repairs must be of the same gauge, mesh, type, and finish of that being replaced.

• All other material that needs repaired or replaced shall be of new installation specifications.

ESTIMATES:

All new installations or repairs of fence already installed must be submitted to the user department with an estimate for review and approved before work begins.

ESTIMATES MUST CONTAIN, A MINIMUM OF THE FOLLOWING INFORMATION:

1. User department and address

2. Description of project

3. Product quantity and description

4. Unit price of product

5. Total price of estimated

6. Project completion date, delivery date, or pick-up date

PURCHASE ORDERS, INVOICING, AND PAYMENT:

The City will issue blanket-type purchase orders for the various City agencies. Seller shall furnish the user department one (1) copy of the itemized delivery ticket. Invoices are to be sent to APInvoices@cityoftulsa.org for payment.

INVOICES SHALL CONTAIN AS A MINIMUM, THE FOLLOWING INFORMATION:

1. User department and address

2. Purchase Order number

3. Delivery Ticket number (if not the same as invoice number)

4. Product quantity and description

5. Unit price of product mailto:APInvoices@cityoftulsa.org

IFB Rev 02/2024 7

6. Total price of invoice

7. Delivery date or pick-up date

8. Bid number

Invoices for blanket purchase orders shall not exceed the dollar amount shown on the purchase order.

THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

IFB Rev 02/2024 8

III. BID SUBMISSION INSTRUCTIONS AND INFORMATION

1. Bidder Registration: To ensure timely updates and alerts about business opportunities with the

City, interested Bidders should register as a Bidder with the City. To register, interested Bidders should complete the City’s vendor registration form by contacting vendorsupport@cityoftulsa.org or check the City’s "Selling to the City" Website.

2. Pre-Bid Conference: If a pre-Bid conference is required, see the first page for time and location.

Attendance Requirement

☒ Attendance at the Pre-Bid Conference is required to submit a Bid. Please allow time to go through

Security to attend the Pre-Bid Conference.

3. Questions and Concerns: As You prepare Your Bid response, You may have questions or points of clarification around this Solicitation. Any questions or comments about this Invitation for Bid must be sent via e-mail to the buyer listed on the first page “Assigned Buyer” and be received at least 10 Days prior to the Bid Submission Date. Please include the IFB Bid number (as indicated on the title page) on all communications. Bidders may only communicate with the City through the Assigned Buyer – communication with other City staff could result in disqualification.

4. Issuing of Addenda: The City may addend or amend its IFB at any time before the Bid

Submission Date. In addition to registering as a Bidder with the City, Bidders can check the “Purchasing Bid Opportunities & Results” page on the City Website for the latest updates (linked here). Any such amendments shall become a part of the Agreement. You must acknowledge receipt of any Addenda or Amendments by writing in the issued Addenda numbers on Exhibit A – Delivery and Pricing. City may reject any Bid that fails to acknowledge any Addenda or Amendments.

5. Submission and Receipt of Bids: The City requires two completed Invitation for Bids: 1 Original and 1 Copy. Each must be clearly labeled on the front sheet indicating “Original” or “Copy.” Use the Bidder Checklist to ensure Your Bid includes all required components. If a copy on electronic media is also required, the box below will be checked.

☐Electronic Copy also required.

Bids must be received no later than 5:00 PM (CST) on the Bid Submission Date (see first page) and delivered to:

City of Tulsa - City Clerk’s Office 175 East 2nd Street, Suite 260 Tulsa Oklahoma 74103

Bids must be sealed and either mailed or delivered. The package, container, or envelope should contain both of Your completed Bids, the original and the copy. Please use the provided label on the last page of this IFB to clearly write the Bidder’s legal name and Bid number on the outside of the package, container, or envelope. No faxed or emailed Bids will be considered.

Bids received after the stated date and time will not be accepted. The timestamp clock located at the City Clerk’s Office on the second floor of City Hall at 175 East 2nd Street, Suite 260, Tulsa, Oklahoma, 74103 is the City’s official bid clock for this IFB. Timeliness of Bid submittals will be determined using only this clock.

mailto:vendorsupport@cityoftulsa.org https://www.cityoftulsa.org/government/departments/finance/selling-to-the-city/register-as-a-vendor/ https://www.cityoftulsa.org/government/departments/finance/selling-to-the-city/bid-opportunities-and-results/ https://www.cityoftulsa.org/government/departments/finance/selling-to-the-city/bid-opportunities-and-results/

IFB Rev 02/2024 9

Exceptions to Timeliness Requirement The Purchasing Agent, at his/her sole discretion, may make exceptions only for the following reasons:

• City Hall closed for business for part or all of the day on the date the response was due;

• If the Purchasing Agent deems it appropriate due to large-scale disruptions in supply chains and the transportation industry that may have prevented delivery as required;

• If documented weather conditions caused the late delivery. You must provide documentation of such weather to the satisfaction of the Purchasing Agent.

In the event that the Bid submittal is delivered after the time specified and does not meet the exceptions listed above, the Bid will not be accepted and the submittal envelope will not be opened.

The City will not be liable for delays in delivery of Bids to the City due to handling by the U.S.

Postal Service, or any other type of delivery service. The City reserves the right to postpone the date and time for submittal of Bids at any time prior to the Bid Opening Date or to delay or reschedule the Bid Opening Date for its own convenience.

The City reserves the right to cancel, revise, or amend this IFB and associated bidding documents up to the time specified for receipt of Bids.

6. Bid Opening: All Bid openings are public and take place at 8:30 a.m. Thursday, the day after

Bids are due. The Bid openings are held in the City of Tulsa Council Meeting Room, 175 East 2nd Street, 2nd Floor, Tulsa, Oklahoma.

THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK

IFB Rev 02/2024 10

IV. BID EVALUATION AND AWARD

1. Bid Evaluation: The Assigned Buyer and departmental staff will work together to determine the winning Bid. Generally speaking, the Bid award will go to the Lowest Secure Bidder: the Supply or Service that can best meet the City’s needs at the lowest cost. In addition to price and specifications, the Buyer and departmental staff may also evaluate Bidder history and experience, delivery time, maintenance requirements, and performance data, among other factors.

2. Bid Rejection or Withdrawal: The City may reject any or all Bids in whole or in part. Reasons a

Bid may be rejected include, but are not limited to the following:

• A submitted Bid does not contain all the necessary materials, signatures, and/or affidavits (listed on the included checklist);

• The Bid does not meet specifications and requirements in some material way;

• The Bidder holds outstanding debt to the City;

• The Bidder adds additional terms and conditions that modify IFB requirements or attempt to limit Bidder’s liability to the City.

City reserves the right to waive minor deficiencies of specifications, technicalities, or informalities in a Bid, provided that the best interest of the City would be served without prejudice to the rights of other Bidders. Bid withdrawal, meanwhile, may only be accomplished by having an Authorized Agent request the withdrawal in person at the City Clerk’s office before the City’s close of business on the Bid Submission Date.

3. Bid Award Recommendation and Appeal: Upon receipt of the Bid recommended for selection, the Assigned Buyer will email all participating Bidders a memo announcing the recommended Bid.

This email will include the time, date, and location (or virtual meeting link (if applicable) for the Standard, Specifications, and Award (SSA) committee meeting at which the Bid award recommendation will be considered.

Bidders not recommended for award may submit an appeal via email to the Assigned Buyer before the SSA meeting.

SSA meetings are held Thursdays at 8:30am in the City of Tulsa Council Meeting Room, 175 East 2nd Street, 2nd Floor, Tulsa, Oklahoma.

During this meeting, Bidders not recommended for award may present and request that the Bid award recommendation be reconsidered.

IFB Rev 02/2024 11

V. BID PROCESSING

1. Forms, Notice to Proceed, and Irrevocability of Offer: If the City Accepts Your Bid, You will have ten (10) Days from notification of the Acceptance to provide a completed IRS form W-9. You cannot start work until authorized to do so by the Purchasing Agent or a representative.

Bidder understands and acknowledges that the offer submitted as the Bid is firm and irrevocable from the City’s close of business on the Bid Submission Date until the date the City Accepts the Bid or __365___ Days after the Bid Opening Date, whichever is earlier.

2. Purchase Order Without Contract: If the successful Bid is less than One Hundred Thousand Dollars ($100,000), the City, in its sole discretion, may Accept the Bid upon written approval of the Mayor rather than execute the Purchase Agreement. Instead, the City will purchase the Supplies and/or Services by issuing a purchase order. In any event, the terms of this IFB will govern the transaction and be enforceable by the City and Seller.

3. Insurance:

Yes: ☒ No: ☐

Seller and its subcontractors must obtain at Seller’s expense and keep in effect so long as City is purchasing Supplies or Services from Seller pursuant to this Bid, policies of insurance in the minimum amounts set forth below and Workers’ Compensation and Employer’s Liability insurance in the statutory limits required by law.

General Liability: personal injury and property damage, each occurrence $1,000,000.00

Automobile Liability: Combined Single Limit (CSL), each occurrence $1,000,000.00

Workers’ Compensation (Statutory limits)

Seller’s insurer must be authorized to transact business in the State of Oklahoma. Seller will have 10 Days after notification that its Bid was Accepted by the City to provide proof of coverage. The Certificate of Insurance must be completed with the following information:

A. Your name B. Insurer’s name and address C. Policy number D. Liability coverage and amounts E. Commencement and expiration dates F. Signature of authorized agent of insurer G. Certificate Holder Information: City of Tulsa, 175 East 2nd St., Suite 260, Tulsa, OK 74103

Seller shall not cause any required insurance policy to be cancelled nor permit it to lapse.

Failure of the Seller to comply with the insurance requirements may be deemed a breach of the contract.

4. Bonding:

Yes: ☐ No: ☒

IFB Rev 02/2024 12

5. Federal Funding: If the box is checked “Yes,” federal funding is involved with this purchase:

6. References: If the box is checked “Yes,” References are required:

Yes: ☒ No: ☐ If yes, number of references required: 3

For each reference, the following information must be included: Company Name, Contact Name, Address, Phone Number, E-Mail Address, and the supplies or services provided.

Company Name:

Contact Name:

Address:

Phone Number: ( ) Email Address:

Description of Supplies/Services Provided:

Address:

Phone Number: ( ) Email Address:

Address:

Phone Number:

Email Address:

7. Data Rider: If the box is checked “Yes,” the Data Rider is required:

8. Any documents provided in response to subsections 4 through 7 above are by this reference fully incorporated into the Agreement as if set-forth entirely in this Section V.

IFB Rev 02/2024 13

SAMPLE

SAMPLE

VI. SAMPLE FORMS

Certificate of Secretary

The undersigned ____________________ (Assistant) Secretary of _____________________, a ___________________ corporation, (the “Corporation”) hereby certifies that the following is a true and correct copy of a Resolution duly adopted by the Board of Directors of the Corporation on the ______ day of __________, 20___.

RESOLVED, that _______________________ is authorized to execute and enter bids, contracts, bonds, affidavits and any ancillary documents, on behalf of the Corporation.

The undersigned further certifies that this Resolution is in full force and effect as of the date of this Certificate and has not been amended, modified, revoked or rescinded.

IN WITNESS WHEREOF, I have executed this Certificate this ___ day of __________, 20__.

(Signature)

Printed Name

(Assistant) Secretary

[NAME OF COMPANY], LLC

Consent of Members

The undersigned, being all of the Members of [Name of Company], LLC, an Oklahoma Limited Liability Company, hereby authorize, consent to, approve and ratify the execution by __________________ [name of Authorized Representative] on behalf of

[Name of Company], LLC of bid proposals, contracts, affidavits and related documents in connection with [Name of Project] of the

City of Tulsa.

DATED, this ____ day of ______________, 20__. [Date must be dated date authorized representative signed or up to 30 days before the authorized representative signed]

[Signature]

Name Printed: _________________________

Title

Name Printed: _________________________

[Title]

[ADD ADDITIONAL LINES FOR ADDITIONAL MEMBERS]

Disclaimer Statement: This form is made available for example purposes only and is not intended to be legal advice nor intended to be relied upon in lieu of consultation with an attorney."

IFB Rev 02/2024 14

EXHIBIT A – DELIVERY AND PRICING

Bidder’s Legal Name:

(Must be Bidder’s company name as reflected on its organizational documents, filed with the state in which Bidder is organized)

Delivery: If Your Bid is Accepted, state the number of Days You need to deliver the Supplies and/or to begin providing Services:

You must be able to deliver the Supplies and/or Services as specified in Your Bid. Failure to do so may result in City terminating the Agreement and pursuing collection under any performance bond, as well as seeking any other damages to which it may be entitled in law or in equity.

Pricing:

Bidders must bid all items for Bid to be considered for award.

Item Description Unit of

Measure Unit Cost

A Unit Cost

B

A FABRIC

A.1 4’ High 11-1/2 Gauge 2-1/4” Mesh Per Foot Galvanized Vinyl Coated

A.2 5’ High 11-1/2 Gauge 2-1/4” Mesh Per Foot Galvanized Vinyl Coated

A.3 6’ High 11-1/2 Gauge 2-1/4” Mesh Per Foot Galvanized Vinyl Coated

A.4 4’ High 11 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.5 5’ High 11 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.6 6’ High 11 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.7 4’ High 9 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.8 5’ High 9 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.9 6’ High 9 Gauge 2” Mesh Per Foot Galvanized Vinyl Coated

A.10 8' High 9-Gauge 2" Mesh Per Foot Galvanized Vinyl Coated

B LINE POSTS

B.1 2” O.D. x 7’ Schedule 40 Pipe Each Galvanized

Galv. Powder Coated Black

B.2 2” O.D. x 8’ Schedule 40 Pipe Each Galvanized

B.3 2-3/8” O.D. x 9’ Schedule 40 Pipe Each Galvanized

IFB Rev 02/2024 15

Item Description Unit of

Measure Unit Cost

A Unit Cost

B

B.4 2-3/8" O.D. x 10'6" Schedule 40 Pipe

Each Galvanized

C TERMINAL POSTS

C.1 2-3/8” O.D. x 7’ Schedule 40 Pipe Each Galvanized

C.2 2-3/8” O.D. x 8’ Schedule 40 Pipe Each Galvanized

C.3 2-7/8” O.D. x 9’ Schedule 40 Pipe

Each Galvanized

C.4 3" O.D. x 10'6" Schedule 40 Pipe Each Galvanized

D TOPRAIL AND BRACES

D.1 1-5/8” O.D. Schedule 40 Pipe Per Foot Galvanized

E FITTINGS

E.1 3/8” x 11’ Truss Rod Each Galvanized

E.2 Truss Tightener Each Galvanized

E.3 2” x 1-5/8” Line Cap Each Galvanized

E.4 2-3/8” x 1-5/8” Line Cap Each Galvanized

E.5 2” x 1-5/8” Barbed Wire Arm Each Galvanized

E.6 2-3/8” x 1-5/8” Barbed Wire Arm Each Galvanized

E.7 2-3/8” Dome Cap Each Galvanized

E.8 2-7/8” Dome Cap Each Galvanized

E.9 3” Dome Cap Each Galvanized

E.10 4” Dome Cap Each Galvanized

E.11 2-3/8” Tension Band with Bolt Each Galvanized

E.12 2-7/8” Tension Band with Bolt Each Galvanized

E.13 3” Tension Band with Bolt Each Galvanized

IFB Rev 02/2024 16

Item Description Unit of

Measure Unit Cost

A Unit Cost

E.14 4” Tension Band with Bolt Each Galvanized

E.15 2-3/8” Brace Band with Bolt Each Galvanized

E.16 2-7/8” Brace Band with Bolt Each Galvanized

E.17 3” Brace Band with Bolt Each Galvanized

E.18 4” Brace Band with Bolt Each Galvanized

E.19 1-5/8” Rail End Each Galvanized

E.20 #13 Aluminum Ties Each Galvanized Vinyl Coated

E.21 #16 Aluminum Ties Each Galvanized Vinyl Coated

E.22 3/16” x ¾” x 48” Tension bars Each Galvanized

E.23 3/16” x ¾” x 60” Tension bars Each Galvanized

E.24 3/16” x ¾” x 72” Tension bars Each Galvanized

E.25 3/16” x ¾” x 96” Tension bars Each Galvanized

E.26 1-5/8” x 6” Top Rail Sleeve Each Galvanized

E.27 #11 Hog Rings Each Galvanized Vinyl Coated

E.28 #9 Hog Rings Each Galvanized Vinyl Coated

E.29 7-Gauge Spring Coil Tension Wire Per Foot Galvanized Vinyl Coated

E.30 Drop Rod Each Galvanized Vinyl Coated

E.31 4" Cox Hinge Each Galvanized Vinyl Coated

F FABRIC

F.1 4-point Barbed Wire Per Foot

G

SINGLE GATES

(COMPLETE WITH HARDWARE)

G.1 4’ High x 3’ Wide Each

G.2 *Additional Width Per Foot

G.3 5’ High x 3’ Wide Each

IFB Rev 02/2024 17

Item Description Unit of

Measure Unit Cost

A Unit Cost

G.4 *Additional Width Per Foot

G.5 6’ High x 10’ Wide Each

G.6 *Additional Width Per Foot

G.7 8' High x 16' Wide Each Galvanized

G.8 *Additional Width Per Foot

For barbed Wire on Top of Gates Add:

G.9 *Single Gate

G.10 *Double Gate

H GATE POSTS

H.1 4" O.D. x 10'6" Schedule 40 Each Galvanized

I SLIDE GATE OPERATOR

I.1 LiftMaster CSL24U and Install Each

J CONCRETE Per Yard

K 4’ PRIVACY FENCE

K.1 1” x 4” Cedar Pickets Each

K.2 4” x 4” Treated Fence Posts Each

K.3 4” x 4” Treated Gate Posts Each

K.4 2 – 2” x 4” Treated Back Rails Each

L 6’ PRIVACY FENCE

L.1 1” x 4” Cedar Pickets Each

L.2 4” x 4” Treated Fence Posts Each

L.3 4” x 4” Treated Gate Posts Each

L.4 3 – 2” x 4” Treated Back Rails Each

M 8’ PRIVACY FENCE

M.1 1” x 4” Cedar Pickets Each

M.2 4” x 4” Treated Fence Posts Each

M.3 4” x 4” Treated Gate Posts Each

M.4 4 – 2” x 4” Treated Back Rails Each

IFB Rev 02/2024 18

Item Description Unit of

Measure Unit Cost

A Unit Cost

N CEDAR PICKET TOP DESIGN

N.1 Dog-ear Design Each

N.2 Gothic Design Each

O 4’ RAIL FENCE

O.1 4” x 4” Treated Round Fence Posts Each

O.2 4” x 4” Treated Gate Posts Each

O.3 2 – 4” x 4” Doweled Treated Rails Each

O.4 4’ High 11-1/2 Gauge 2-1/4” Mesh Each

P LABOR RATE Per Hour

TOTAL EXTENDED COST OF

UNIT COST A AND UNIT COST B NOT TO EXCEED:

(All costs must be included, or Your Bid will be disqualified)

THE CITY DOES NOT GUARANTEE ANY SPECIFIC QUANTITY OR NUMBER OF PURCHASES,

IF ANY, THAT WILL BE MADE DURING THE AGREEMENT TERM.

Annual Price Adjustment. The prices bid for any Supplies and/or Services shall not increase during the first year of the term of the Agreement. However, if You anticipate that You will not be able to maintain firm prices after the first year of the term, You may request an annual change in price using one of the following methods. The Increase shall be limited to the lesser of:

a. The change in the Consumer Price Index from BLS Table 1* (web link below) from the prior year

b. Or the following fixed percentage: ____________________%.

*Web Link: https://www.bls.gov/news.release/cpi.t01.htm

Addenda The Bidder acknowledges receipt of Addenda to the IFB as follows. (Please write in each Addenda number issued, if applicable):

Addenda # Addenda # Addenda # Addenda # Addenda #

State of Organization: __________________________________________________________________

Bidder’s Type of Legal Entity: (check one)

☐ Sole Proprietorship ☐ Limited Partnership

☐ Partnership ☐ Limited Liability Partnership

☐ Corporation ☐ Limited Liability Limited Partnership

☐ Limited Liability Company ☐ Other: _______________________ https://www.bls.gov/news.release/cpi.t01.htm

IFB Rev 02/2024 19

Bidder’s Address:

Street City State Zip Code

Bidder’s Website Address:

Sales Contact: Contact for Legal Notice:

Name: Name:

Title/Position: Title/Position:

Street: Street:

City: City:

State: State:

Phone: Phone:

Email: Email:

How did you learn about this business opportunity with the City of Tulsa?

☐ Email from Assigned Buyer

☐ City of Tulsa Website

☐ Tulsa World posting

☐ Purchasing search engine

☐ Industry colleague

☐ Other: _________________________

IFB Rev 02/2024 20

AFFIDAVIT

NON-COLLUSION, INTEREST, AND CLAIMANT

STATE OF )

)ss.

COUNTY OF )

I, , of lawful age, being first duly sworn, state that:

(Seller’s Authorized Agent)

1. I am the Authorized Agent of Seller herein for the purposes of certifying facts pertaining to the existence of collusion between and among Bidders and municipal officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the proposal to which this statement is attached.

2. I am fully aware of the facts and circumstances surrounding the making of Seller’s Bid to which this statement is attached, and I have been personally and directly involved in the proceedings leading to the submission of such Bid; and

3. Neither the Seller nor anyone subject to the Seller’s direction or control has been a party:

a. to any collusion among Bidders in restraint of freedom of competition by agreement to respond at a fixed price or to refrain from responding,

b. to any collusion with any municipal official or employee as to quantity, quality, or price in the prospective contract, or as to any other terms of such prospective contract, nor

c. in any discussions between Bidders and any municipal official concerning exchange of money or other thing of value for special consideration in the letting of a contract.

4. No officer or employee of the City of Tulsa either directly or indirectly owns a five percent (5%) interest or more in the Bidders business or such a percentage that constitutes a controlling interest. Affiant further states that the following officers and/or employees of the City of Tulsa own an interest in the Bidders business which is less than a controlling interest, either direct or indirect.

5. All invoices to be submitted pursuant to this agreement with the City of Tulsa will be true and correct.

6. That the work, services or material furnished will be completed or supplied in accordance with the plans, specifications, orders, requests or contract furnished or executed by the affiant. Affiant further states that (s)he has made no payment directly or indirectly to any elected official, officer or employee of the City of Tulsa or of any public trust where the City of Tulsa is a beneficiary, of money or any other thing of value to obtain payment of the invoice or procure the contract or purchase order pursuant to which an invoice is submitted. Affiant further certifies that (s)he has complied with all applicable laws regarding equal employment opportunity.

By:

Signature Title:

Subscribed and sworn to before me this ________day of ______________, 20____.

Notary Public

My Commission Expires:

Notary Commission Number:

The Affidavit must be signed by an Authorized Agent and notarized.

IFB Rev 02/2024 21

PURCHASE AGREEMENT

(Page 1 of 5)

INSTRUCTIONS: Bidder must properly sign and return this document or Bid may be rejected. Your signature on this document indicates You have read and understand these terms and conditions and agree to be bound by them.

THIS PURCHASE AGREEMENT is between the CITY OF TULSA, OKLAHOMA, a municipal corporation, 175 East 2nd Street, Tulsa, Oklahoma, 74103-3827 (the “City”) and:

(Bidder’s company name as reflected on its organizational documents filed with the state in which Bidder is organized; not simply DBA and address) (the “Seller”).

WITNESSETH:

WHEREAS, the City has approved certain specifications and advertised for or solicited Bids on the following supplies or services:

TAC 217G – Fence Repairs, Installation, and Supplies (the “Supplies and/or Services”).

WHEREAS, Seller submitted a Bid and desires to provide the Supplies and/or Services to City;

WHEREAS, Seller acknowledges that its signature on this Purchase Agreement constitutes an irrevocable offer to provide the Supplies and/or Services specified in the Agreement and that if Accepted by the City’s Mayor, this document will become the contract for such Supplies and/or Services.

NOW, THEREFORE, for and in consideration of the terms, covenants and conditions hereinafter set forth, the parties hereto agree as follows:

1. Definitions.

1.1. “Acceptance” or “Accepts” with respect to a Bid means either (1) City’s execution of the Purchase Agreement, or (2) Mayor’s written approval of the Bid award recommendation and issuance of a purchase order on behalf of the City if the purchase is for an amount less than One Hundred Thousand Dollars ($100,000) and the City determines it is in its best interests.

1.2. “Acceptance” with respect to delivery of the Supplies and/or Services shall mean City’s written acknowledgment that Seller has satisfactorily provided such Supplies and/or Services as required.

1.3. “Addenda” “Addendum” or Amendment(s)” means a clarification, revision, addition, or deletion to the Invitation for Bid by City which will become a part of the agreement between the parties.

1.4. “Agreement” consists of the Invitation for Bid and the Purchase Agreement.

1.5. “Bid Opening Date” means the date the Bid is opened by the City.

1.6. “Bid Submission Date” means the date the Bid is due from Bidder to the City.

1.7. “City” means the City of Tulsa, Oklahoma.

1.8. “Days” means calendar days unless otherwise specified.

1.9. “Invitation for Bid” or “IFB” consists of the following documents: Cover page, Sections I-VI, Exhibit A –

Delivery and Pricing, Affidavit(s), Purchase Agreement, and Bidder Checklist.

1.10. “Primary Seller” means the Seller whose Bid City Accepts as the principal seller of the Supplies and/or Services required.

1.11. “Purchasing Ordinance” means Tulsa Revised Ordinances, Title 6, Chapter 4 et seq.

1.12. “Secondary Seller” means the Seller whose Bid City Accepts as a back-up seller in the event the Primary

Seller is unable to provide all the Supplies and/or Services.

1.13. “Seller” means the Bidder whose Bid City Accepts.

1.14. “Specifications” means the technical and/or performance requirements for the Supplies or Services.

1.15. “You” or “Your” means the Bidder responding to this Invitation for Bid or the Seller whose Bid the City Accepts.

1.16. “Website” means the City of Tulsa’s website for the Purchasing Division: www.cityoftulsa.org/purchasing

2. Order of Precedence. Capitalized terms used but not defined herein will have the respective meanings given to them in the Purchasing Ordinance. In the event of conflicting or ambiguous language between this Purchase Agreement, any of the other Agreement documents, and additional information submitted by the Seller and Accepted by City, the parties shall be governed first according to this Purchase Agreement, second according to the remainder of the documents included in the Agreement and third according to any additional information submitted by Seller and Accepted by City.

3. Purchase and Sale. Seller agrees to sell City the Supplies and/or Services for the price and upon the delivery terms set forth on Exhibit A – Delivery and Pricing. City agrees to pay Seller the price as set forth in Exhibit A based on (a) the quantity actually purchased in the case of Supplies and/or Services priced by unit, or (b) the total price for a stated quantity of Supplies and/or Services, upon (i) delivery of the Supplies and/or Services to the City, (ii) the City’s Acceptance thereof, and (iii) Seller’s submission and City’s approval of a verified claim for the amount due. City shall not pay any late charges or fees.

http://www.cityoftulsa.org/purchasing

IFB Rev 02/2024 22

(Page 2 of 5)

4. Term. The term of the Agreement begins on the date the Mayor/Mayor Pro Tem of the City of Tulsa executes this Purchase

Agreement and terminates one year from that date. City in its sole discretion may offer Seller an opportunity to renew this Agreement up to an additional four (4) one (1) year term(s). Seller understands and acknowledges that any future contracts or renewals are neither automatic nor implied by this Agreement. City’s continuing purchase of the Supplies and/or Services set forth in this Agreement is subject to City’s needs and to City’s annual appropriation of sufficient funds in City’s fiscal year (July 1st to June 30th) in which City purchases Supplies and/or Services. In the event City does not appropriate or budget sufficient funds to perform this Agreement, this Agreement is null and void without further action by City.

The City may extend the Agreement for ninety (90) days beyond a final renewal term at the price and upon the delivery terms set forth on Exhibit A – Delivery and Pricing. The City, at its sole option and to the extent allowable by law, may choose to exercise subsequent ninety (90) day extensions upon the price and upon the delivery terms set forth on Exhibit A – Delivery and Pricing to facilitate the finalization of related terms and conditions of a new award or as needed for transition to a new Seller.

5. Supplies Warranty. With respect to all Supplies to be delivered under this Agreement, Seller warrants to City that such Supplies will be of good materials and workmanship and free from defects and will conform to the Specifications provided by City. In addition, Seller shall assure that the Supplies purchased hereunder are covered by all available and applicable manufacturers’ warranties for such Supplies and expressly agrees that it will be responsible for performing all warranty obligations set forth in the Specifications for the Supplies.

6. Services Warranty. With respect to all Services to be performed under this Agreement, Seller warrants that it shall perform the

Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and in accordance with the Specifications provided by City.

7. Warranty Period. Seller agrees that all warranties set forth herein will remain in effect for a period of one (1) year from the date City

Accepts the Supplies and/or Services, or as specified in the Specifications, whichever is later. Seller shall not disclaim or otherwise limit the express warranties set forth herein.

8. Warranty Remedies. City shall notify Seller if any of the Supplies and/or Services fails to meet the warranties set forth above. If the failure is with Supplies, then Seller shall promptly correct, repair or replace such Supplies at its sole expense and/or if the failure is with a Service, then Seller shall promptly reperform such Service at Seller’s sole expense. Notwithstanding the foregoing, if City determines that such Supplies and/or Services are defective or non-conforming within the first thirty (30) Days after the date of Acceptance by City, then Seller at City’s option shall refund the entire purchase price, and, in the case of Supplies, City shall promptly return such Supplies to Seller. Seller shall pay all expenses related to the return of such Supplies to Seller.

9. Rejection, Seller Bears Risk. All Supplies and Services purchased in the Agreement are subject to approval by the City. Rejection of Supplies or Services, resulting because of nonconformity to the terms, conditions, and Specifications of this Agreement, whether held by the City or returned, will be at Seller’s risk and expense. Seller shall bear the risk of loss or damage at all times until the Acceptance of the Supplies or Services by City.

10. Force Majeure. Seller will not be responsible for delays in delivery of the Supplies or Services due to acts of God, government action or inaction, fire, war, or riot, provided Seller notifies the City immediately, in writing of such pending or actual delay. Normally, in the event of any such delays (acts of God, etc.) the date of delivery of the Supplies or Services will be extended for a period equal to the time lost due to the reason for delay.

11. Conflict of Interest. By signing this Purchase Agreement, Seller covenants that it has no direct or indirect pecuniary or proprietary interest, and that it shall not acquire an interest that conflicts in any manner or degree with the Supplies or Services required to be provided or performed under the Agreement. Furthermore, Seller shall not employ any person or agent having any such conflict of interest. In the event that the Seller or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City requests.

12. No Indemnification by City. Seller understands and acknowledges that City is a municipal corporation that is funded by its taxpayers to operate for the benefit of its citizens. Accordingly, and pursuant to Oklahoma law, City shall not indemnify nor hold Seller harmless for loss, damage, expense or liability arising from or related to this Agreement, including any attorneys’ fees and costs. In addition, Seller shall not limit its liability to City for actual loss or direct damages for any claim based on a material breach of this Agreement.

City reserves the right to pursue all legal and equitable remedies to which it may be entitled.

13. Liability/Indemnification. Seller shall hold City harmless for any loss, damage or claims arising from or related to its performance of the Agreement. Seller must exercise all reasonable and customary precautions to prevent any harm or loss to all persons and property related to the Agreement. Seller agrees to indemnify and hold the City harmless from all claims, demands, causes of action or suits of whatever nature arising out of the Supplies, Services, labor, or materials furnished by Seller or Seller’s subcontractors under this Agreement. In addition, Seller agrees to indemnify, defend, and save harmless City and its officers, employees and agents from all suits and actions of any nature brought against them due to the use of patented appliances, products or processes provided by Seller hereunder. Seller shall pay all royalties and charges incident to such patents.

IFB Rev 02/2024 23

(Page 3 of 5)

14. No liens. Pursuant to City’s Charter (Art. XII, §5), no lien of any kind shall exist against any property of City. Seller shall deliver all

Supplies to City free and clear of liens. Delivery by Seller to City of Supplies which are subject to liens shall be a material breach of the Agreement and all damages and costs incurred by City because of the existence of such liens shall be paid to City by Seller. At City’s option, City may return such Supplies to Seller and Seller shall pay the cost of returning such Supplies and reimburse City for any payments made for such Supplies.

15. No Insurance by City. If City is leasing Supplies herein, City shall not be required to obtain insurance for Seller’s property. Seller shall be solely responsible for any insurance it deems necessary. City is self-insured for its own negligence, subject to the limits of the Governmental Tort Claims Act (51 O.S. § 151 et seq.).

16. No Confidentiality. Seller understands and acknowledges that City is subject to the Oklahoma Open Records Act (51 O.S. §24A.1 et seq.) and therefore cannot assure the confidentiality of this Agreement or other information provided by Seller pursuant to this Agreement that would be inconsistent with City’s compliance with its statutory requirements thereunder.

17. Compliance with Laws. Seller shall comply and ensure its subcontractors used in the performance of this Agreement comply with all applicable federal, state and local laws, regulations and…