525030 FENCING_ FURNISH _ INSTALL.pdf

Phone: 585.428.7041 Fax: 585.428.6038 TTY: 585.428.6054 EEO/ADA Employer

Department of Finance Bureau of Purchasing City Hall Room 105A, 30 Church Street Rochester, New York 14614-1290 www.cityofrochester.gov

PRINTED NAME OF BIDDER

FENCING, FURNISH AND INSTALL

Invitation to Bid No. 524850 Issued: September 21, 2026

PURCHASING BUREAU CONTACT: Claire LaDelia, Purchaser (585) 428-7042

BID CLOSING: Wednesday, October 7, 2026 at 11:00 a.m.

Join Meeting: https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

Sealed Bids are to be submitted in hard copy to the Office of the Director of Purchasing, City Hall, Room 105A, Rochester, NY 14614, prior to the closing date and time, after which all bids properly received will be opened, read and recorded via Zoom. Electronic bids will not be accepted.

PRE-BID MEETING: Wednesday, September 29, 2026 at 11:30 a.m.

Passcode: 4564119010

This Invitation to Bid includes the Terms and Conditions specified herein, the Proposal, the attached General Conditions and Instructions to Bidders, and any addenda and other documents and/or specifications incorporated by reference herein.

CONTRACT CHARACTERISTICS

(For definitions or explanations, see General Conditions)

Type of Contract: TERM CONTRACT, ONE YEAR WITH OPTION TO EXTEND

Bid Deposit Requirement: YES, SEE SECTION 20

Performance / Labor & Materials Security Requirement: YES, SEE SECTION 20

Insurance Requirement: YES, SEE SECTION 21

NYS Contractor Certificate of Registration: YES, SEE SECTION 18.1.5

MWBE / Apprenticeship Requirement: YES, SEE SECTION 30

Incentive Program: YES, SEE SECTION 3

BIDDERS: Please note that prices, company identification and authorized signature are to be entered on the Proposal which appears at the end of the specifications.

https://cityofrochester.zoom.us/j/4564119010

FENCING, FURNISH & INSTALL

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1. SCOPE

1.1 The City of Rochester is seeking to establish a term service contract to furnish and install FENCING at various properties and/or buildings owned, rented, leased or otherwise controlled by the City, or at any other location as ordered by the City, or to furnish fencing to the City.

1.2 MWBE Goals. This contract incorporates new MWBE and Workforce goal requirements, as required by Ordinance No. 2018-54. This contract has a 30% MWBE Goal. This contract has workforce goals of 20% M and 6.9% W. Details about these goals, and the contract requirements for meeting these goals, are provided herein and in Appendix E. MWBE Form P must be included with this Proposal as well Goal Form P.

Failure to submit a completed Form P with bid proposal may result in rejection of bid.

1.2.1 Minority and Women Business Enterprise (MWBE) Requirements:

The City has a Minority and Women Business Enterprise (MWBE) policy that ensures participation of Minority and Women-owned businesses on City public works projects, including demolitions. Ordinance No. 2018-54 established a goal that MWBE’s will receive 30% of the aggregate total annual contract awards for City public works contracts over $20,000, with the goals for minority owned businesses (M) being 15% and women owned businesses (W)being 15%. For the purpose of this contract, an aggregate goal of 30% using any combination of M and/or W’s is acceptable.

The requirements specified herein are established in order to accomplish these goals. Included within these bid documents are the following sections that identify the policy requirements, participation requirements, utilization requirements and good faith effort requirements. Information about MWBE goals may be obtained on an advisory basis by contacting the City of Rochester MWBE Officer Mina Hatami at (585) 428-3673. Once the bid is awarded, MWBE forms A, B, and C will be forwarded to the lowest Bidder and will become the final MWBE to be incorporated in the contract documents.

1.3 Apprenticeship Training Requirements. This contract contains Apprenticeship

Training Requirements. City Form AP1 and State form AT-10 for the bidder’s Apprenticeship Program, or State Form AT-10 and City Form AP3 if the bidder is using a sponsored Apprenticeship program, must be submitted with the Proposal as required by the rules and regulations for the Apprenticeship Training Program for Construction Contracts, which are included in Attachment F. Forms must be submitted with bid proposal.

2. PRE-BID MEETING

2.1 A Pre-Bid Meeting is scheduled for Wednesday, September 29, 2026 at 11:30 a.m., City Hall, Room 208A, 30 Church Street, Rochester, NY 14614. All bidders are strongly urged to attend.

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2.2 Bidders are expected to fully inform themselves as to the conditions, requirements and specifications before submitting bids. Failure to do so will be at the bidder’s risk and bidder cannot secure relief on the plea of error.

PRE-BID MEETING: Wednesday, September 29, 2026 at 11:30 a.m.

Passcode: 4564119010

3. INCENTIVE PROGRAM FOR PUBLIC WORKS CONTRACTS

3.1 In order to increase employment opportunities for City of Rochester residents, this contract shall include an incentive program for hiring qualified City residents who live in certain zip codes.

3.2 The prime contractor and any approved first tier subcontractors will be paid a monetary incentive equal to twenty percent (20%) of gross payroll paid to qualified City residents employed directly on this contract, provided that at least ten percent (10%) of the total gross payroll for all employees employed on this contract are qualified City residents.

3.3 The complete description of and requirements for this program are incorporated in this contract as Appendix G.

4. CONTRACT TERM

4.1 The contract resulting from this bid invitation shall commence upon award shall remain in effect until November 30, 2027.

4.2 The City may extend the contract under the same terms and conditions in increments of one (1) year periods or less, for up to three (3) additional years, provided such extension is mutually agreeable.

5. SPECIFICATIONS

The following specifications are meant to establish minimum standards for product specifications. Further information regarding these specifications can be found in Appendix B.

5.1 CHAIN LINK FENCE - (See Appendix B, Details, D1, D2)

5.1.1 FABRIC

The fabric shall be No. 9 gauge, 2" mesh, meeting ASTM A392 Class II, galvanized or ASTM A491 aluminum coated with 0.40 ounces of aluminum per

sq. ft. The top and bottom salvages of the fence is to be knuckled. The fabric shall be attached to posts and top rail and pulled as tightly as possible with block and fall without bending the posts. The fence shall be installed in line.

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5.1.2 LINE, END, CORNER AND GATE POSTS

A. All posts shall be Schedule 40, hot dipped galvanized with a zinc coating not less than 2 ounces per square foot of uncoated surface on both inside and outside surfaces. As an option, Class B Steel Tubing with a minimum .9 ounces of zinc per square foot on the exterior shall be allowed.

B. Line posts are to be 2.375" O.D., end and corner posts are be 3" O.D., and gate posts up to 6' leaf shall be 3" O.D., and gate posts from 6' - 12' leaf shall be 4" O.D.: and gate posts over 12' shall be 6 5/8" O.D..

C. All posts are to be installed plumb and in line; the maximum spacing of corner, end and line posts is to be 10'-0".

D. All posts are to be set plumb into 12" diameter by 4'-0" minimum depth, City of Rochester Class “C” concrete footings meeting City of Rochester B-1 Standard Specifications. The footings are to be cast in pre-dug holes to an undisturbed foundation, with the footing sloped to shed water. The concrete is to be properly placed and cured prior to fence installation.

5.1.3 RAILS, RAIL CONNECTIONS, BRACING, BRACING CONNECTIONS, TRUSS

BARS, STRETCHER BARS, GATE FRAMES AND GATE ACCESSORIES

A. All fittings including rail connections, bracing connections, truss bars, stretcher bars, and gate accessories are to be hot-dipped galvanized with zinc coating not less than 1.8 ounces per square foot of uncoated surface.

B. Top rails, intermediate rails, bottom rails, and bracing shall be 1.66" O.D.

Gate frames are to be 1.90" O.D.

C. Stretcher bars of 5/16" by 3/4" minimum size shall be installed in lengths of 1" less than full height of fabric with which they are to be used. The stretcher bars shall be threaded through the fabric for attaching the fabric to all terminal posts and gate vertical frame members; the stretcher bars shall be tied to the posts and gate vertical frame members by galvanized steel bands at a maximum of 14" on centers. One stretcher bar shall be provided for each end post, gate post and gate vertical frame member, and two for each corner post and pull post.

D. All top rails shall be installed perfectly in line and with adequate allowance for expansion and contraction. Minimum length of the top rail sections shall be 18 feet and maximum shall be 21 feet; the top rail shall be fitted with hot-dipped galvanized steel couplings for connecting the lengths into a continuous run. The couplings shall be not less than six (6) inches long with a .140” inch minimum wall thickness and shall allow for expansion and contraction of the rail; the couplings are to be anchored to one piece of rail. Means shall be provided for adequately attaching the top rails to each end, corner and gate post.

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E. Braces on fences higher than 6', shall be installed for adequately supporting all end, corner and gate posts at mid-height and shall extend from end, corner and gate posts to first adjacent line post. All bracing shall be connected to posts by heavy pressed galvanized steel connections, then trussed from line posts back to end, corner and gate posts with adjustable 3/8" diameter galvanized steel truss rods.

F. The gate frames shall be adequately braced and supported. Hinges shall be of adequate strength for the gates and with large bearing surfaces for clamping in position. The hinges shall not twist or turn under the action of the gates. The gates shall be capable of being opened and closed easily by one person. Hot-dipped galvanized steel or hot-dipped galvanized malleable iron latches, stops and keepers shall be installed on the gates.

Latches are to be incorporated with the gates to have a plunger bar arranged to engage a center stop. The latches on double gates are to be welded to and shall be an integral part of the gate. They shall also have a plunger bar arranged to engage a center stop. The latches for the gates shall be arranged for locking. A center stop shall be provided and installed on all of the double gate units and shall consist of a device arranged to be set in a cast in ground Class "C" concrete footing. The center stop shall engage a plunger bar attached to the double gate.

Keepers shall consist of a mechanical device for securing the free end of the gates when in the full open position. All gate hardware is to be vandal proof.

5.1.4 FITTINGS

A. All fittings necessary to make a complete installation shall be furnished and installed properly. They are to be hot-dipped galvanized malleable iron; galvanizing shall be with a minimum zinc coating of 2.0 ounces per square foot of uncoated surface. All caps are to be secured in place.

B. All posts shall be capped against moisture with hot-dipped galvanized malleable iron caps. Caps shall have openings to permit passage of the top rails.

5.1.5 FABRIC TIES, BANDS, CLIPS AND SPRING WIRE

A. The fabric shall be adequately tied at a maximum spacing of 14" on gate horizontal frame members and bracing and 24" maximum spacing on top rails, fence bracing and bottom spring wire.

B. The ties of stretcher bars to posts and gate vertical frame members shall be of adequate strength and be provided by hot-dipped galvanized steel bands having a minimum thickness of .115" + .005". All steel bands are to be galvanized with a minimum zinc coating of 2.0 ounces per square foot of uncoated surface.

C. The ties to the fence top rails, fence bracing, bottom spring wire, gate horizontal frame members and gate bracing shall be of adequate strength and provided by aluminum wire clips of No. 6 gauge spaced as previously designated.

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D. The fence is to be installed with secured No. 7 gauge cold drawn steel spring wire stretched and tied from post to post and along the bottom of the fabric. The spring wire shall be galvanized with a minimum zinc coating of 1.2 ounces per square foot of uncoated surface. The fabric shall be attached to the spring wire with No. 9 gauge galvanized steel hog rings 24" on center.

5.1.6 BARBED WIRE

Barbed wire shall be two-strand galvanized 12-1/2 gauge, 4 point on 5" centers.

5.1.7 VINYL COATED CHAIN-LINK FENCING

Coating to be black heavy PVC. Color fencing to be free from defects in material or workmanship including peeling, blistering and from the maximum development of red rust over five percent (5%) of the surface for a minimum period of twelve

(12) years from date of installment.

Installation according to the minimum requirement outlined in ASTM specification F 567.

5.2 CEDAR STOCKADE FENCE - (See Appendix B, Details D3, D4)

5.2.1 Pickets shall be a minimum of 3/4", #1 Grade.

5.2.2 All pickets shall be double nailed with galvanized nails to each rail.

5.2.3 Rails shall be 2" x 3".

5.2.4 All rails shall be attached to steel posts with galvanized wood to steel adaptors.

5.2.5 Gate posts shall be of the same type materials as per section 4.2 and shall be 3" O.D. for gate leafs up to 4' wide, 4" O.D. for gate leafs over 4' to 6', and 6- 5/8" O.D. for gate leafs over 6' to 12' wide. (See Detail).

5.3 PRESSURE TREATED WOOD FENCES - (See Appendix “B”, Details D4, D5, D6)

5.3.1 All pickets shall be 1" x 6", pressure treated boards.

5.3.2 All pickets shall be double nailed with galvanized nails to each rail.

5.3.3 Rails shall be 2" x 4" pressure treated.

5.3.4 All rails shall be attached to steel posts with galvanized wood to steel adaptors.

5.3.5 Gate posts shall be of the same type materials as per section 4.2 and shall be 3"

O.D. for gate leafs up to 4' wide, 4" O.D. for gate leafs over 4' to 6', and 6 5/8" O.D. for gate leafs over 6' to 12' wide (see Detail).

5.4 ORNAMENTAL STEEL FENCE - (See Appendix “B”, Details D7, D8)

5.4.1 All fencing shall be equal to Ameristar Classic or Majestic or approved equal.

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5.4.2 All end, corner and intermediate posts shall be 3" square.

5.4.3 All pickets shall be 1" square

5.4.4 All rails shall be forerunner style or approved equal, with tamper proof attachments.

5.4.5 Gate posts shall be of the same type materials (powder coated) as the fence, and shall be 3" square (12 ga) for gate leafs up to 4' wide, 4" square (11 ga) for gate leafs over 4' to 6', and 6" square (3/16" wall) for gate leafs over 6' to 12' wide. (See Detail).

5.5 MAINTENANCE FREE VINYL (WHITE) - (See Appendix “B”, Details D9, D10)

5.5.1 All fencing shall be Kroy Semi Privacy Fence or approved equal.

5.5.2 All end, corner and intermediate posts shall be 5" square (.150 wall), either filled with concrete or filled with a 4-1/2" x 4-1/2" wood post.

5.5.3 All rails shall be 2" x 6" (.085 wall) steel reinforced.

5.5.4 All pickets shall be 1" x 6" (.085 wall), with a maximum of a 1" gap.

5.5.5 All gate posts shall be 6" square, (3/16" wall), white powder coated; (for up to 6' wide leafs), and 8" square, 3/15" wall thickness white powder coated for over 6' wide leafs.

5.5.6 Gate frame shall be made of 2" x 4" and 2' x 2" aluminum, (3/16" wall) (see

Detail).

5.6 PIPE BUMPER RAIL - (See Appendix “B”, Detail D11)

5.6.1 All posts shall be 4" O.D. Schedule 40 or Class B Pipe.

5.6.2 All posts shall be notched to accept top rail, (hammering or bending to accomplish welding is not acceptable).

5.6.3 All welds shall be chipped, brushed, and repaired with cold galvanizing treatment.

5.7 PRIVACY SLATS

5.7.1 Privacy Slats shall be P.D.S. or approved equal.

5.7.2 Slats shall be vandal proofed with a locking strip secured to fence every 4'.

5.7.3 Color to be selected by owner.

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6. CONSTRUCTION DETAILS

6.1 The Contractor shall perform such clearing and grubbing as may be necessary to construct the fence to the required grade and alignment.

6.2 At locations where breaks in a run of fencing are required, or at intersections with existing fences, appropriate adjustment in post spacing shall be made to conform to the requirements for the type of closure indicated.

6.3 Fencing of the size required shall be firmly attached to the posts and braces in the manner indicated. All wire shall be stretched taut and be installed to the required elevations.

6.4 Fence shall generally follow the contour of the ground, with the bottom of fence fabric no less than six (6) inches from the ground surface.

6.5 All end, corner, intermediate and line posts shall be spaced equal distant in the fence line not to exceed 10' 0". When chain link fence is on a long curve, intermediate posts shall be evenly spaced so that the strain of the fence will not bend the line posts.

6.6 All end, corner, and intermediate posts shall be set plumb in concrete bases. The concrete bases shall be rough cast in the ground around the posts. The top surfaces shall be domed to shed water and provide a neat workmanlike appearance when completed.

6.7 Portland Cement Concrete for Bases. Portland cement concrete used for bases shall be Class A, B, or C, conforming to the requirement of Section 501 Portland Cement Concrete--General, except that requirements for automated batching shall not apply.

6.8 The City of Rochester Standard Construction Contract Documents dated November, 1991, and subsequent published modifications, are hereby incorporated by reference into this contract. All terms and conditions of the Standard Construction Contract Documents shall apply except as superseded by these bid documents and specifications. The Standard Construction Contract Documents may be purchased from the City of Rochester Bureau of Purchasing, Rm 105A, City Hall, Rochester, NY 14614, or may be obtained at the City’s web site at http://www.cityofrochester.gov/article.aspx?id=8589949335

7. DELIVERY & INSTALLATION

7.1 The contractor must provide a quote for each job ordered as required in Section 22. The quote will include the time period for delivery and installation.

7.2 Unless otherwise approved by the City, delivery and/or installation shall be accomplished within seven (7) working days after receipt of Purchase Order or Notice to Proceed.

http://www.cityofrochester.gov/article.aspx?id=8589949335

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8. WORK REQUESTS AND JOB ESTIMATES

8.1 Requests for specific installation and/or repair work covered by the scope of this contract may be made, either orally or in writing, by authorized City officials. The contractor shall submit a written job estimate (quote) to the requesting agency, prior to the start of work.

Estimates shall be provided within two (2) days of request by the City, unless a faster response is requested.

8.2 A separate City Purchase Order will be issued for each job, in the amount of the job estimate approved by the City. The City will only pay the amount of the purchase order unless the City approves change orders based upon unanticipated requirements of the job.

8.3 Estimates shall be developed based upon the prices provided in the Proposal. The estimate must show all costs, including man hours projected, total labor costs and all material, equipment and accessories that apply to the job. The estimate must also provide the time frame for start and completion of the job.

8.4 The contractor must not proceed unless specifically directed to do so by the agency after submission of the estimate and approval by the City.

8.5 If the estimate is not acceptable, the City reserves the right to:

8.5.1 Negotiate lower costs by providing materials, changing the scope of the work, or taking other reasonable steps. For example, the City will expect that the unit price of an item should go down to reflect a quantity discount if the City changes the quantities shown in the Proposal.

8.5.2 Should the estimate still be unacceptable after negotiations with the contractor, the City reserves the right to cancel the request and seek competitive bids on the open marketplace.

8.6 The City will not be liable to pay amounts in excess of the written estimate unless such additional amounts are expressly agreed to by the ordering agency.

8.7 Tools and equipment normally required to perform the work of this contract shall be incorporated into the Margin Allowance bid. The City will pay for the purchase or rental of specialized tools and equipment not covered by the Margin Allowance only if they are identified in the initial job estimate approved by the City and consistent with market pricing. Any equipment purchase or rental which may be required shall be billed at the Contractor's actual cost. A receipt for the amount billed to the Contractor must accompany all invoices.

8.8 Installation work must be performed by the Contractor on the schedule as accepted by the City per the job estimate required in Section 8.3. Failure to perform work in a reasonable time, as arranged between the City and the Contractor based on the estimate, will be grounds for terminating this contract and declaring the Contractor in default.

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9. ADVERTISING

9.1 The contractor shall not apply name plates to any fence installed under this contract.

9.2 The cost to the City to remove such advertising will be deducted from the contractor's outstanding invoice(s).

10. UNIT PRICES

10.1 Unit prices for Materials shown in Group A are for the unit as shown (e.g. 50’ foot roll, per foot, etc.)

10.2 Materials provided as part of an installation and/or repair job shall be billed at the unit prices offered in the Proposal adjusted to reflect the actual quantity ordered. For example, if a job requires thirty (30) feet of 4’ galvanized steel fence (item #1), and the unit price quoted for a fifty (50) foot roll is $100, which equates to $2/foot, the City will be billed $2/foot times 30 feet equals $60 for the materials for that job.

10.3 The unit price bid per linear foot of installed fencing shall include the cost of all materials in accordance with the written specifications and drawings in Appendix B.

10.4 The City reserves the right to order just materials for delivery to any location within the City of Rochester. Prices quoted must be for delivery F.O.B. Destination. Delivery of materials only shall be within seven (7) days after receipt of order.

10.5 MARGIN ALOWANCE

10.5.1 Base Hourly Labor Rate - is the straight time regular prevailing wage hourly rate plus benefits, for the trade(s) identified in the Proposal, as defined by the New York State Department of Labor (N.Y.S.D.O.L.) Overtime Rates are either one-and-one-half or double the straight time regular prevailing wage hourly rate, with benefits paid at regular time as specified by the N.Y.S.D.O.L.

10.5.2 Margin Allowance - is the percentage of the Base Hourly Labor Rate charged by the Contractor to cover equipment, overhead, profit and any other costs excluding materials, which are to be priced at the unit prices quoted in the Proposal or as modified per Section .

10.5.3 Margin Amount - is the dollar amount resulting from multiplying the Base Hourly

Labor Rate times the Margin Allowance. The Margin Amount is a fixed dollar amount that will be added to the applicable Base Hourly Labor Rate paid to each employee.

10.5.4 Regular Time Cost to City - is the Base Hourly Labor Rate plus the Margin

Amount.

10.5.5 Example. Assume the Base Hourly Labor Rate as defined in 10.5.1 is $50.00 per hour. Assume the bidder wants to add a Margin Allowance (i.e. markup) of 30% to the Base Hourly Labor Rate. The Margin Amount as shown on the Proposal would be calculated as $50.00 x 30% = $15.00. Thus, the Regular Time Cost to the City will be the Base Hourly Labor Rate ($50.00) plus the

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Margin Amount ($15.00) which equals $65.00 per hour. $65.00 per hour is what the City will pay the Contractor for each person who works one hour on the job at regular time rates.

10.5.6 Overtime - If overtime is required by law, the City will pay the N.Y.S.D.O.L.

prevailing wage rate for overtime plus benefits for trade(s) used to do the work, plus the Margin Amount shown on the Proposal. The Margin Amount does not change with overtime. Using the example shown in Section 10.5.5, if the overtime labor cost is $75.00 per hour, the Margin Amount remains at $15.00., so the City will pay $90.00 per hour per person for overtime work required and approved by the City

11. HOURLY RATES

11.1 The Contractor shall be paid for the number of hours actually worked times the hourly rates in the Proposal. The total paid for labor must match the job estimate unless the City has approved changes to the job estimate subsequent to the start of the work.

Overtime charges will not be paid unless the use of overtime has been specifically approved by the City prior to the overtime work.

11.1.1 Hours of Work - Regular time: Work to be performed during any 8 consecutive hours between 6:00 am through 6:00 pm, Monday through Friday.

11.2 Regular time rates shall be defined as the hourly rate plus fringe benefits up to and including forty hours per week, eight hours per day.

11.3 Overtime rates shall be defined as follows:

11.3.1 The specified rate for time and one half after eight (8) hours per day and on

Saturdays with benefits paid at regular time.

11.3.2 Double the specified hourly rate on Sundays and holidays with benefits paid at regular time.

11.4 Travel time shall not be allowed on regular time; however, the City shall pay an amount equal to twenty minutes one way on overtime.

12. METHOD OF AWARD

12.1 Award will be made to the responsive and responsible bidder who proposes the lowest margin allowance.

12.2 The City intends to award a contract to the responsive and responsible bidder whose bid is the lowest best value offer to the City on the basis of the Total Bid Price by group or aggregate.

12.3 For purposes of this bid, if one or more bids are submitted by a business certified as an MWBE business by New York State on the date of the bid, the MWBE bidder(s) shall receive a five percent (5%) price advantage over non-MWBE bidders pursuant to

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Section 8 of Ordinance No. 2018-54. The lowest best value offer shall be defined as the lowest bid after adjusting for any MWBE price advantage.

For example, if three bids are received, one for $100.00, one for $103.00, and one by an MWBE business for $105.00., the lowest best value offer would be the bid submitted by the MWBE business for $105.00. If instead the MWBE business submitted a bid for $105.01, the lowest best value offer would be the bid for $100.00. The same logic will be used by the City in comparing bids based upon discounts rather than specified unit prices.

If award of the contract is based upon award by total bid, or by group, or by item, the City reserves the right to determine its lowest best value offer based upon total bid, group and per item prices offered.

12.4 Prices for all items in the Supplemental Prices list must also be bid. The Supplemental prices are requested to establish a baseline for items that maybe requested by the City.

Supplemental prices may be negotiated down to reflect actual quantities ordered

12.5 The City reserves the right to reject any bid where any unit prices offered are unbalanced or not consistent with current market conditions.

13. QUANTITIES

13.1 Quantities are indefinite. Contract shall be for the actual quantities ordered during the contract period. However, for informational purposes the City has spent approximately $50,000 a year on this contract in the past.

13.2 Quantities shown on the Proposal are approximate estimates only based on historical experience. Where a quantity of one (1) is shown, it is to establish a unit price should the City need to purchase that item or service. The City makes no guarantee that it will purchase any of the items listed in the Proposal, or in the quantities shown. The City is only obligated to pay for items or services ordered on a City Purchase Order.

13.3 The City reserves the right to advertise for any unanticipated requirements of substantial quantities, as may be in the best interests of the City.

14. BIDDER QUALIFICATIONS

14.1 A bidder must be able to demonstrate, to the satisfaction of the City, that the bidder is able to meet the following minimum qualifications:

14.1.1 Performance record - must have five (5) years as a commercial fence company with demonstrated experience in performing the type of work specified herein.

14.1.2 A fully stocked parts, dispatch and repair center must be located within a twenty-five (25) mile radius of the City of Rochester. The City reserves the right to visit and inspect the site.

14.1.3 Must provide proof of comparable size commercial projects and service capabilities.

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14.1.4 Must have the capability of managing multiple jobs simultaneously.

14.1.5 Must be able to present satisfactory proof of its capacity to meet the terms of this contract including, but not limited to: length of time in business (minimum five years), appropriate staff, inventory and equipment and financial resources. In particular, a bidder must be able to demonstrate:

A. A track record demonstrating the ability to perform the work requested within seven (7) days, or more rapidly if needed by the City for public safety purposes.

B. Control of a mobile crane for use as needed, C. Staff with demonstrated experience and qualifications to perform structural welding, D. Staff with demonstrated experience and qualifications to perform line voltage and low voltage trouble shooting and installation, if needed, E. Staff with demonstrated experience and qualifications to perform trouble shooting and installation of gate and door operators and associated controls, if needed.

F. A fleet (three or more) of fully stocked company vehicles to respond to requests for services for this contract.

14.2 The City reserves the right to inspect the bidder’s facilities and/or request three (3) or more references to verify the bidder’s capacity to meet the service requirements of this contract.

15. MANUFACTURER'S CERTIFICATION

If requested by the City, the contractor shall submit to the ordering department, as part of the quote, certification from the manufacturer that the materials to be provided for each installation fully meet the specifications of the contract.

16. WORK ASSIGNMENTS

16.1 Work assigned will be project specific. There may be projects that require single and/or multiple workers and/or specialized tools or equipment. These must be identified in the job estimate.

16.2 The City expects the work to be performed in as efficient and economical a manner as possible. To this end, apprentices should be used as appropriate whenever a project requires an additional worker.

17. PERMITS AND DRAWINGS

17.1 The Contractor shall obtain required permits for all work at the Contractor’s expense.

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17.2 All work shall be done in accordance with the New York State Building Code, laws, ordinances and other applicable regulations.

17.3 Contractor shall provide record drawings showing all new work as constructed when requested. The Contractor shall transfer record drawing information to the authorized City representative.

17.4 Record drawings must be approved by the City in order for the work to be considered complete.

18. LABOR STANDARDS REQUIREMENTS

18.1 COMPLIANCE WITH LABOR LAWS

18.1.1 The contractor's attention is directed to the requirements of Article 8 of the Labor

Law of the State of New York, compliance with the provisions of which shall be deemed a condition to the satisfactory performance of this contract.

18.1.2 The contractor shall cause to be posted and maintained at all times in a conspicuous place at the Site of the Work a clearly legible copy of the Schedule of Wage Rates as prescribed by the State Commissioner of Labor. The contractor shall further certify on any statement to the City for a partial or final payment that the wage rates paid to employees on this project have been in conformity with the wage rates so set forth as determined by the State Commissioner of Labor pursuant to and in conformity with Article 8 of the New York State Labor Law.

18.1.3 The contractor shall keep a copy of his payrolls for this project available at all times for inspection by representatives of the City or other public agency having jurisdiction over the project, and shall produce them for such inspection at the request of said duly authorized representatives. The contractor and subcontractors shall submit weekly certified payroll records to the City's Director of Finance or his designee. The contractor shall be responsible for the submission of copies of certified payrolls of all subcontractors. Payments shall be withheld from the contractor for failure to comply with this requirement.

18.1.4 In all operations related to the Work, all other State or Federal Laws, Local

Ordinances and Laws, controlling or limiting in any way the actions of those engaged in the Work, shall be strictly complied with by the contractor and all employees working under his direction. The foregoing shall apply to subcontractors of the contractor.

18.1.5 NYS Public Work Contractor and Subcontractor Registry

New York State Labor Law Section 220-i applies to work performed under this contract. All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL). The City strongly encourages all contractors and

524850 14 subcontractors to register as soon as possible to obtain a Certificate of Registration to avoid negatively impacting a bidding period or project schedule.

18.1.5.1 Documentation of registration with the New York State Public Work

Contractor and Subcontractor Registry (https://dol.ny.gov/contractor-and-subcontractor-landing) is required with any sealed bid in order for it to be read.

18.1.5.2 If a Certificate of Registration is not included with the sealed bid, bidders shall include their email Receipt of Application from the New York State Department of Labor (NYSDOL) along with their sealed bid.

Bidders should refer to Appendix R – Sample NYS Contractor Registration Certificate.

18.1.5.3 Bidder understands that the City shall confirm the validity of contractor and subcontractor registration with NYSDOL.

18.1.5.4 Bidder understands that each contractor and subcontractor must be registered with NYSDOL prior to contract award.

18.1.5.5 The City reserves the right to consult with NYSDOL to consider other forms of documentation as proof of contractor and subcontractor registration.

18.1.5.6 The City reserves the right not to award contract without the required documentation specified herein.

18.2 ANTI-KICKBACK RULES

Employees of the contractor and his subcontractors performing work under this contract shall be paid unconditionally and not less often than once a week without deduction or rebate on any account except only such payroll deductions that are mandatory by law or permitted by the applicable regulations issued by the State Commissioner of Labor pursuant to the New York Labor Law. The contractor shall comply with applicable "Anti- Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this contract to insure compliance by subcontractors with such regulations, and shall be responsible for the submissions of affidavits required of subcontractors there under except as the Commissioner of Labor may specifically provide for variations of or exemptions from the requirements thereof.

18.3 WITHHOLDING OF PAYMENTS FROM CONTRACTOR

When a complaint is filed with the City of Rochester alleging the failure of a contractor or subcontractor to pay or provide the prevailing wages or supplements, or when the City of Rochester has reason to believe that unpaid wages or supplements may be due, payments on the public work contract may be withheld from the prime contractor in sufficient amount to satisfy the alleged unpaid wages and supplements, including interest and civil penalty which may be imposed. The amounts withheld may be disbursed by the City of Rochester for and on account of the contractor or subcontractor to the respective employees to whom they are due.

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19. PREVAILING WAGE RATES

19.1 Incorporated in these Contract Documents by reference is the Prevailing Wage Rates Schedule in effect at the time of publication of these Contract Documents. Any Prevailing Wage Rates Redetermination which may arise prior to the bid opening will be distributed by addendum.

19.2 The New York State Department of Labor issues corrected wage schedules on the first business day of every month. It is the responsibility of the contractor and any subcontractor to check the Department’s website to ascertain the most current prevailing rate of wages and wage supplements. Each workman, laborer or mechanic shall be paid or provided not less than the new updated rates.

19.3 The City will not be responsible for any of the contractor's increased labor costs which result from defects in the Wage Rate Schedule provided, or from amendments to the Prevailing Wage Rate Schedule, whether that increase occurs before advertisement, before Bid opening, before award of the contract, after the contract has been let, or during the life of the contract. No change in the contract price shall be allowed to the contractor for any such increases, except as provided for elsewhere in these documents.

19.4 Information about current wage rates may be obtained on an advisory basis by contacting the City's Contract Administrator, Department of Finance, City Hall, Rochester, New York, (585) 428-7398.

20. SECURITIES

20.1 BID SECURITY

A bid security in an amount of $2,000.00 shall be furnished with each bid. An acceptable bid security can be cash, a certified check, or cashier’s check. Personal or business checks will not be accepted. Bonds or irrevocable letters of credit will not be accepted.

20.1.2 Failure to include a Bid Security as specified may result in rejection of bid proposal.

20.2 PERFORMANCE AND OTHER BONDS

20.2.1 The contractor must furnish two executed surety company bonds, each in an amount equal to fifty percent (50%) of the Total Bid Price.

A. A Performance Bond shall be furnished as security for the faithful performance by the contractor of all terms and conditions of the contract documents.

B. A Labor and Material Payment Bond shall be furnished as security for the claims of laborers and material suppliers

C. Both bonds shall be made out to the City of Rochester, prepared on an approved form and submitted by the contractor to the Director of Purchasing within ten (10) days of notification that his bid was accepted.

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The surety thereon must be such surety company or companies as are authorized and licensed to transact business in the State of New York.

The surety furnishing the Performance Bond and the Labor and Material Payment Bond must waive notice of any change in the contract price or contract time. Attorneys-in-fact who sign bonds must file with each bond a certified copy of their power of attorney to sign said bonds.

20.2.2 Alternate Security

A. At its option, the City shall have the right to accept cash, a certified check, or a letter of credit in satisfaction of the foregoing requirements.

B. In the event the contractor submits cash or a cash instrument as alternate security, the City will accept 50% of the contract total as satisfying both Performance and Payment security requirements.

C. Any security accepted in lieu of a payment bond shall be retained until the

City is no longer liable for mechanic's liens against the work of the contract.

21. INSURANCE

21.1 The Contractor shall procure and maintain at his/her own expense until final acceptance of the work covered by the contract documents, insurance for liability for damages imposed by law of the kinds and in the amounts hereinafter provided from insurance companies authorized to do such business in the State of New York covering all operations under the contract documents whether performed by him or his subcontractors.

21.2 Within ten (10) says of request, the Contractor shall furnish to the City Director of

Purchasing a certificate or certificates of insurance in form satisfactory to the City Director of Purchasing showing that he/she has complied with this Section, which certificate or certificates shall provide that the policies shall not be materially changed or canceled until ten (10) days written notice has been given to the City Director of Purchasing.

21.3 In each policy of insurance except insurance for Worker’s Compensation and Disability

Insurance, the City shall be named as an additional insured for liability arising under this contract. Except for Workers’ Compensation and Disability Insurance, no insurance required herein shall contain any exclusion of municipal operations performed in connection with the project.

21.4 The kinds and amounts of insurance are as follows:

WORKERS' COMPENSATION & NYS DISABILITY INSURANCE

The agreement shall be void and of no effect unless the person or corporation making or executing same shall secure Compensation and NYS Disability coverage, covering all operations under the contract–whether performed by him or his subcontractors–for the

524850 17 benefit of, and keep insured during the life of said agreement, employees in compliance with the provisions of the Workers’ Compensation Law.

A. Workers' Compensation Insurance

A policy covering the operations of the Contractor in accordance with the provisions of Chapter 41 of the Laws of 1914, as amended, known as the Workers' Compensation Law. The policy shall be endorsed to provide 30 days prior written notice of cancellation or non-renewal and Waiver of Subrogation in favor of the City of Rochester. A copy of these endorsements shall be included with the Certificate of Insurance.

B. NYS Disability Insurance

A policy covering the operations of the contractor in accordance with the provisions of Article 9 of the Workers’ Compensation Law, known as the Disability Benefits Law (Chapter 600 of the Laws of 1949) and amendments thereto.

CASUALTY INSURANCE

A. Contractor’s Comprehensive General Liability Insurance

Issued to the contractor and covering the liability for damages imposed by law upon the contractor with respect to all work performed by him under the within agreement. The coverage shall be written on an occurrence form utilizing ISO coverage form CG 00 01 12 07 or its equivalent. The comprehensive general liability policy shall furnish limits of not less than:

Bodily Injury and Property Damage Limit $1,000,000 each occurrence

Products/Completed Operations Limit

$2,000,000 aggregate

Personal Injury and Advertising Injury Limit $1, 000,000 each person or Organization

General Aggregate

$2,000,000 applicable on a per project basis

The City of Rochester, their officers, employees and agents and all other appropriate Funding Agencies shall be named as an additional insured for liability arising under this Contract applicable to both ongoing and completed operations on a primary and non-contributory basis.

There shall be no exclusions relating to NYS Labor Law or municipal operations.

B. Commercial Automobile Liability

Issued to the Contractor and covering all owned, non-owned and hired automobiles with limits not less than:

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Bodily Injury and Property Damage Liability

Combined Single Limit $1,000,000

C. Umbrella Excess Liability

Issued to the Contractor providing follow form coverage over the General Liability and Automobile Liability requirements stipulated above with minimum limits of:

Bodily Injury and Property Damage Limit

$2,000,000

Products/Completed Operations Limit

General Aggregate

All policies shall be endorsed to provide Waiver of Subrogation in favor of the City of Rochester.

All policies shall be endorsed to provide 30 days prior written notice of cancellation or non-renewal.

A copy of the Additional Insured and Waiver of Subrogation Endorsement(s) shall be included with the Certificate of Insurance.

22. JOB ESTIMATES, INVOICES AND PAYMENTS

22.1 Prior to starting any job, the contractor must have provided the requesting City agency a job cost estimate per Section 7. No job may be started until approved by the City on the basis of the job cost estimate.

22.2 Payment will be based on any invoice used in the contractor’s normal course of business. However, payment will not be made unless the invoice is clearly legible and is consistent with the job cost estimate. Differences between the invoice and the job cost estimate must be identified and approved by the ordering agency. The invoice must also include the following information:

22.2.1 Net total cost to the City

22.2.2 Purchase Order Number

22.2.3 City contract number

22.2.4 Date of delivery

22.2.5 Location of delivery

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22.3 The responsibility to submit a properly completed invoice rests entirely with the contractor. Failure to submit a properly completed invoice will result in rejection of a claim for payment.

23. W-9

A W-9 is required with each bid.

24. NON-SPECIFIED ITEMS

24.1 The City reserves the right to add unspecified items or services to this contract that are similar to and consistent with the items specified in this contract at prices negotiated with the contractor.

24.2 Additions and/or alterations to this contract may only be authorized by the Director of

Purchasing and must be made in writing prior to ordering any item.

24.3 The contractor must submit written price quotes for additional items/services to the Office of the Director of Purchasing for proper authorization and/or approval.

24.4 Items supplied or services rendered without the prior consent of the Director of

Purchasing and issuance of an authorizing purchase order will not be paid for by the City.

25. REQUEST FOR PRICE CHANGE

25.1 The prices submitted with the bid shall remain in effect for the original contract term.

25.2 Requests for price increases to take effect during a contract extension must be submitted with the offer to extend or earlier. A price increase may be considered under the following conditions:

25.2.1 Written notification from the manufacturer to the Vendor stating there will be a price increase and the amount.

25.2.2 Written notification from the Vendor to the City of Rochester Director of

Purchasing requesting a price increase and accompanied by the Manufacturer’s letter.

25.3 Increases shall be limited to the actual cost increase to the vendor.

23.4 The decision to grant a price increase during the extension period will rest solely with the

Director of Purchasing. The city reserves the right to seek new bids if price increases are not acceptable.

25.5 Price decreases must be passed along to the city as they occur.

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26. SUBMITTAL OF BIDS

26.1 Bid proposals for this bid should be submitted in a marked sealed envelope, to include a signed original hard copy of the Proposal, bid specifications, addenda and any support documentation required, delivered to and received by the Director of Purchasing at the Bureau of Purchasing, Room 105-A, City Hall, Rochester, New York 14614 by the closing date and time specified in the Invitation to Bid or any addenda.

26.2 Electronic bids will not be accepted.

26.3 Bids submitted in hard copy must include the entire Invitation to Bid, which includes the cover page, bid specifications, addenda and any support documentation required, as well as the Proposal. The City reserves the right to reject any bids submitted that do not include all of these documents.

26.4 Bidders should not submit two bids. The City reserves the right to reject any and all bids if multiple bids are received from one bidder.

ALL BIDS WILL BE OPENED VIA ZOOM

Wednesday, October 7, 2026 at 11:00 AM EST Join Meeting: https://cityofrochester.zoom.us/j/4564119010 Meeting ID: 456 411 9010 Password: 4564119010

Bid results will be posted on www.bidnetdirect.com.

27. CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

27.1 The contract resulting from this bid shall be subject to the requirements of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) is responsible for developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List”). The Prohibited Entities List as required by SFL § 165-a (3) (b) is found on the OGS web site at http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

27.2 CERTIFICATION. “By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State Finance Law.”

27.3 Any bidder/contractor seeking to renew or extend this contract or assume the responsibility of the contract awarded in response to this bid solicitation must certify at the time the contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

http://www.bidnetdirect.com/ http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

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27.4 During the term of the contract or any extension, should the City receive information that the contractor is in violation of the above-referenced certification, the City will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the City shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering…