Document Albany_doc_6f562b3bab

CITY OF ALBANY REQUEST FOR BIDS: DEPARTMENT OF GENERAL SERVICES FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES HON. KATHY M. SHEEHAN, MAYOR SERGIO PANUNZIO, COMMISSIONER City Hall Room 202 24 Eagle Street Albany, NY 12207 ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 2 NOTICE TO PROSPECTIVE BIDDERS This sheet is to be filled out in connection with the bid specification for FENCE CONSTRUCTION, REPAIR AND SUPPLY SERVICES. The specification is comprised of 5 sections. 1. Notice to Bidders Pages #2 - #5 . 2. Bid Proposal and Bid Form Pages #6 - #8 . 3. Non-Collusion Affidavit #9 - 10 4. Standard Conditions Pages #11 - #15 . 5. Technical Specifications Pages #16 - #23 . I, , have received a complete specification (Company or Firm) according to the above information. Signature Official Title Address City, State, Zip Code This sheet must be submitted with your security deposit and bid sheet. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 3 NOTICE TO PROSPECTIVE BIDDERS The City of Albany, NY is soliciting sealed bids for the goods and services described in these specifications. GENERAL DESCRIPTION: FENCE CONSTRUCTION, REPAIR AND SUPPLY SERVICES ADVERTISEMENT DATE: September 11, 2020 BID SUBMISSION DEADLINE: October 6, 2020; 12:00 Noon BID OPENING: October 6, 2020; 1:30 pm SUBMIT SEALED BIDS TO: Board of Contract and Supply Room 202, City Hall Albany, New York 12207 The face of the envelope must contain the name of the bidder with return address and the contract title. BID DOCUMENTS: May be examined at Room 202, City Hall, 8:30 - 5 pm. BID DEPOSIT: A Bid Deposit is NOT required MINORITY PARTICIPATION: A Minority Participation plan or Minority Participation Waiver must be a part of each submission. NOTE: If either the bid deposit or applicable minority participation documents are not submitted with the bid, the bid may be deemed incomplete and may not be considered. BOND REQUIREMENT: A performance bond is NOT required. PREVAILING WAGE RATE The successful bidder must comply with Sections 220- AND LIVING WAGE RATE: 223 of the New York State Labor Law and/or section 42- 161 of the Code of the City of Albany pertaining to the Albany Living Wage Ordinance. FOR MORE INFORMATION: Danielle Gillespie, Secretary Board of Contract and Supply Phone: (518) 434-5090 ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 4 Pursuant to the provisions of Section 103 of General Municipal Law, sealed proposals will be received by the City of Albany at the aforesaid address for furnishing the Item(s) listed in this proposal. When submitting a bid, you must: 1. Prepare your bid on this form using black ink or typewriter. Write the name of your company on each page of the bid, in the space provided. 2. If your bid deviates from the specifications, please explain such deviations or qualifications in full. Attach a separate sheet setting forth such explanation if necessary. The City reserves the right to determine if a bid is unresponsive. The City will not make any determinations of item equivalency prior to the bid submission date. 3. Sign the bid. By signing, you indicate full knowledge and acceptance of the General Specification and other requirements of the Bid Proposal. The bid must be completed in the name of the bidder, corporate or other, and must be fully and properly executed by an authorized person. Bids shall remain valid for 45 days from the date of the bid opening. 4. Record the required information on the envelope containing the sealed bid. 5. Mail the bid in order for it to be received before the time of the bid opening. Late bids will be rejected. If you wish to remain on the City’s bidder’s list, it is important that you answer this proposal. Failure to respond to three successive proposals may result in your name being removed from the mailing list for this commodity group. It is also requested that you indicate your reason for not bidding. SEALED BIDS WILL BE RECEIVED BY THE CITY OF ALBANY UNTIL 90 MINUTES PRIOR TO THE TIME DESIGNATED FOR THE OPENING OF BIDS. PLEASE ATTACH PROPER POSTAGE. 6. SECTION DELETED 7. Each Bidder should visit the site of the proposed work and fully acquaint himself with the existing conditions, there relating to construction and labor, and should fully inform himself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. Bidder should thoroughly examine and familiarize himself with the equipment, Technical Specifications, and Contract Documents. Contractor, by execution of Contract, shall in no way be relieved of any obligation under it, due to failure to receive or examine any form or legal instrument or to visit Site and acquaint himself with conditions there existing. City of Albany will be justified in rejecting any claim based on facts regarding which Contractor should have been on notice as a result thereof. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 5 8. Award to contract will be made only to the lowest responsible bidder, whose proposal shall comply with all the provisions required to make it normal. 9. The City of Albany reserves the right to reject any or all proposals, and may advertise for new proposals, if in its opinion the best interests of the City of Albany will thereby be promoted. The bidder must be prepared if requested by the City of Albany to present evidence of experience, ability and financial standing, as well as a statement as to plant and machinery. 10. For materials and supplies separately sold to the City of Albany for incorporation into work under this Contract, the City of Albany is exempt from all sales tax and compensating use tax of the State of New York. The purchase by the Contractor or by subcontractors of materials for incorporation into the work under this Contract will be a purchase or procurement for resale to the City of Albany and therefore not subject to the aforementioned sales compensating use tax. All bids prices by the Contractor as well as all subcontract agreements made by the Contractor shall separate the costs of materials from all other costs involved in the incorporation of such materials into the work under this Contract. 11. The Contractor shall, upon request by the City of Albany, furnish a bill of sale or other instrument indicating the quantities and types of materials purchased directly by the Contractor or subcontractors for incorporation into the work under this Contract. Upon delivery of all materials to the site, the Contractor shall mark or otherwise identify all materials to be incorporated into the work under this Contract. Only those materials so identified will be under this Contract. Only those materials so identified will be exempt from sales or compensating use tax under this specification. 12. This exemption does not apply to machinery, equipment, tools or other items purchased, leased, rented or otherwise acquired for use of the Contractor, even though said equipment is used either entirely or in part on this Contract. This exemption shall apply only to materials fully incorporated into the work under this Contract as accepted and approved by the City. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 6 BID PROPOSAL City Hall Room 202 24 Eagle Street Albany, NY 12207 DATED: October 6, 2020 GENERAL DESCRIPTION: FENCE CONSTRUCTION, REPAIR AND SUPPLY SERVICES CONTRACT PERIOD: December 1, 2020 through December 31, 2021 BID OPENING DATE: October 6, 2020 LOCATION: City Hall, Room 103 TIME: 1:30 pm INQUIRE WITH: City Clerk’s Office City Hall - Room 202 Albany, New York 12207 BIDDERS EMPLOYER’S FEDERAL IDENTIFICATION ADDRESS: Street City County State Zip Code % Cash Discount for payment within 15 days of delivery or receipt of voucher. % Cash Discount for payment within 30 days of delivery or receipt of voucher. Cash Discounts will not be considered in determining the low bidder but will be considered in awarding the bids. Cash Discounts of less than 1% will not be considered. Does any state officer or any officer or employee of the City of Albany or County of Albany have any affiliation or interest in this bid proposal? If so, set forth the name, address, nature and extent of the affiliation or interest of an officer/employee. We are not submitting a bid . We request removal of our name from the mailing list for this commodity group . Bidders Signature Official Title Printed or Typed Copy of Signature Telephone Number ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 7 BID SHEET (1 of 4) The undersigned Bidder, having familiarized himself/herself with the specification and the Bid documents as prepared by the City of Albany Department of General Services, and on file in the Office of the Board of Contract and Supply of the City of Albany, New York, hereby proposes to provide the services and materials in accordance with the Bid Documents, and Technical specifications ***Price shall include base warranty, freight and delivery charges to the City of Albany, Department of General Services,1 Connors Boulevard, Albany, NY 12204. VENDOR New Construction – Chain Link Fence Height Installed 9 Gage, 2” square Mesh 11 Gage, 2” square Mesh 36” $ per linear foot $ per linear foot 42” $ per linear foot $ per linear foot 48” $ per linear foot $ per linear foot 60” $ per linear foot $ per linear foot 72” $ per linear foot $ per linear foot 84” $ per linear foot $ per linear foot 96” $ per linear foot $ per linear foot 108” $ per linear foot $ per linear foot 120” $ per linear foot $ per linear foot 144” $ per linear foot $ per linear foot ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 8 BID SHEET (2 of 4) The undersigned Bidder, having familiarized himself/herself with the specification and the Bid documents as prepared by the City of Albany Department of General Services, and on file in the Office of the Board of Contract and Supply of the City of Albany, New York, hereby proposes to provide the services and materials in accordance with the Bid Documents, and Technical specifications ***Price shall include base warranty, freight and delivery charges to the City of Albany, Department of General Services,1 Connors Boulevard, Albany, NY 12204. VENDOR Repairs & Parts NORMAL FIELD LABOR RATE (Monday-Friday; normal business hours) (written in numbers) Written in hour EMERGENCY FIELD LABOR RATE (Non-normal business hours) (written in numbers) Written in hour DISCOUNT ON PARTS FROM Written in Words: PLEASE PROVIDE A SCHEDULE OF UNIT COSTS FOR ITEMS (MATERIALS, LABOR OR SERVICES) THAT ARE NOT ITEMIZED BUT STILL FALL WITHIN THE SCOPE OF THIS SOLICITATION. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 9 BID SHEET (3 of 4) NOTE: Bidder shall provide catalogue with retail pricing for all replacement parts along with bid submission. Bidder shall provide itemized schedule of fees for any potential services included within the scope of the intent but are not itemized above. All information requested in the bid package, including bid security and EEO information must be completed in full. Incomplete packages will be disqualified and not considered. DO ANY EXCLUSIONS/DEVIATIONS EXIST FROM THE TECHNICAL SPECIFICATIONS PROPOSED? YES ______(please explain on separate sheet) HAVE YOU PROVIDED A SCHEDULE OF FEES FOR SERVICES, MATERIALS OR LABOR RATES NOT ITEMIZED ON THE BID SHEET? NO DO ANY EXCLUSIONS/DEVIATIONS EXIST FROM THE TECHNICAL SPECIFICATIONS PROPOSED? YES ______(please explain on separate sheet) HAVE YOU ATTACHED THE TERMS OF THE WARRANTY INCLUDED IN THE TOTAL PRICE WRITTEN ABOVE? YES ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 10 BID SHEET (4 of 4) Contract Extension(s) VENDOR Should the City elect to extend the contract (see section 24, Standard Conditions, Contract Term), the successful bidder(s) shall be entitled to a not to exceed percentage increase in the rates above. Contract Extension #1 percentage increase (not to Contract Extension #1 percentage increase (not to exceed), written in words: Contract Extension #2 percentage increase (not to Contract Extension #2 percentage increase (not to exceed), written in words: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 11 BID SHEET 1) The City reserves the right to award the contract in whole or in part to one or more vendors to the lowest responsible bidder. The City further reserves the right to not make an award if it is in the City’s best interest to do so. 2) If written Notice of Award is mailed, telegraphed or delivered to the undersigned Bidder within forty-five (45) days after the opening thereof or at any time thereafter before his/her Bid is withdrawn, the undersigned agrees to execute and deliver an Agreement in the prescribed form and furnish the required Bonds within fifteen (15) days after such Notice of Award. 3) Security in the sum of DOLLARS in the form of is submitted and attached hereto in accordance with the Instructions to Bidders. NOTE: All information requested in the bid package, including bid security must be completed in full. Incomplete bids will be disqualified and not considered. 4) Attached hereto is a Non-Collusion Affidavit of the undersigned Bidder in the prescribed form. 5) Attached hereto is a Statement of Bidders Qualifications. 6) The Bidder accepts the provisions of this document as to the liquidated damages in the event of failure to complete the Work and/or produce the commodity on time. 7) The Bidder is advised that the total amount shown above is for Bid comparison only. The Department of General Services reserves the right to modify the specifications, as it deems necessary. 8) The Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. 9) In submitting this Bid, Bidder further represents that he/she has carefully reviewed all Bid documents including without limitation the Standard Conditions and Technical Specifications and has given the Albany City Clerk’s Office ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 12 written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the Bidding documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the work and/or commodity for which this Bid is submitted. Signature of Bidder and Date Print Name and Title STATE OF COUNTY OF ss.: On the day of in the year before me personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 13 NON-COLLUSION AFFIDAVIT OF BIDDER CITY OF ALBANY, NEW YORK State of New York ) ) ss. County of ) being first duly sworn, deposes and says that: 1) He/she of (owner, partner, officer, representative, or agent) the Bidder that has submitted the attached Bid; 2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: 3) Such Bid is genuine and is not a collusive or sham Bid: 4) A. 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 his knowledge and belief: 1. The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and 3. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a Bid for the purpose of restricting competition. B. A Bid shall not be considered for award nor shall any award be made where clauses 4) A.1, 2, and 3 above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with the Bid a signed statement which sets forth in detail the reasons therefore. Where 4) A.1, 2, and 3 above have not been complied with, the Bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the State, public department or agency to which the Bid is made, or his designee, determines that such disclosure was not made for the purpose of restricting competition. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 14 C. The fact that a Bidder has published price lists, rates or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, (iii) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of clause 4) A. 2. D. Any Bid hereafter made to the municipality or any public department, agency or official thereof by a corporate Bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such Bid contains the certification referred to in subparagraph 4.A. of this section, shall be deemed to have been authorized by the Board of Directors of the Bidder and such authorization shall be deemed to include the signing and submission of the Bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. 5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its owners, partners, officers, representatives, agents, employees, or parties in interest, including this Affidavit. (Signature) (Title) Subscribed and sworn to before me this: day of 20__ ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 15 STANDARD CONDITIONS SECTION 1. TAX PROVISIONS Purchases made by the City of Albany are not subject to state or local taxes or federal excise taxes. There is no exemption from paying the New York State truck mileage, unemployment insurance, or Federal Social Security taxes. The official City of Albany purchase order or voucher for materials, equipment and supplies is sufficient evidence to qualify the transaction exempt from sales tax under Section 116(a)(1) of the Tax Law. For tax free transactions, the City of Albany registration number is: Federal Tax Exemption #14- 70046-K and Federal Employer #14-600-2058-W SECTION 2. NON-COLLUSIVE BIDDING CERTIFICATION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his/her knowledge and belief: The prices of this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purposes of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; and Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor, and No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. NOTE: Section 103-d of the General Municipal Law provides that every bid made to the City where competitive bidding is required by statute, rule regulation, for work or services performed or to be performed or goods sold or to be sold, shall contain the foregoing statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury. A bid shall not be considered for award nor shall any award be made where and above have not been complied with; provided however, that if any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefore. Where and above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the City, public department or agency to which the bid is made, or his/her designee, determines that such disclosure was not made for the purpose of restricting completion. The fact that a bidder has published price lists, rates or tariffs covering items being procured, has informed prospective customers or proposed or pending publication of new or revised price lists for such items, or has sold the same items to other customers at the same prices being bid; does not constitute, without more, a disclosure within the meaning of paragraphs and above. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 16 Any bid hereafter made to the City of Albany by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule or regulation, and where such bid contains the certification set forth above shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation. SECTION 3. ADHERENCE TO SPECIFICATIONS The entire bid is understood to be in accordance with the specification and this proposal, unless the bidder explains otherwise in detail. The City of Albany reserves the right to request clarification and additional information where deemed necessary. SECTION 4. INTERNATIONAL BOYCOTT In accordance with Section 200-f of the Labor Law, the Contractor agrees, as a material condition of the contract: That neither the Contractor nor any substantially owned or affiliated person, firm, partnership or corporation has participated, is participating, or shall participate in any international boycott in violation of the provisions of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulation s of the United States Department of Commerce promulgated thereunder: That if the Contractor of any substantial owner of affiliated person, firm, partnership or corporation has been convicted or subjected to a final determination by the United States Department of Commerce or any other appropriate agency of the United States of a violation of the United States Export Administration Act of 1969, as amended, or the Export Administration Act of 1979, as amended, or the regulations of the United States Department of Commerce promulgated thereunder, the Contractor shall notify the Comptroller of such conviction or determination in the manner prescribed by the Comptroller’s regulations. SECTION 5. QUALIFICATIONS OF BIDDERS The City reserves the right to reject any bids where qualifications, financial standing, equipment, personnel or facilities of the bidder or any subcontractor are not satisfactory. a) Any bidder proposing to subcontract any operation must be submit a listing of their own facilities, including number of personnel and equipment, plus a letter from any proposed subcontractor containing the following information: - certification that he/she is aware he/she has been named as a proposed subcontractor; - a statement that he/she is capable of fulfilling the operations for which he/she has been named as a subcontractor in complete accordance with the specification; - a complete listing of his facilities, equipment and number of personnel. The City reserves the right to inspect the bidders facility and perform such investigations as may be deemed necessary. Failure of bidder to submit the required letter(s) may be cause for rejection of bid. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 17 b)After an award has been made, there shall be no sub-contracting allowed without written consent of the City other than the operations that have been approved and specified in the award. c) No contract will be awarded except to responsible bidders capable of performing the class of work contemplated. Before the award of contract, any bidder is required to show that he has the necessary facilities, experience, ability, and financial resources to perform the work in a satisfactory manner and within the time stipulated. If the contract contains items for material or work the character of which will depend upon the contractor’s skill or experience, he is required to show proof that he has a satisfactory record of similar work performed of materials furnished. Bidders will be required to furnish the City of Albany with sworn statements as to their experience. See CONTRACTOR QUALIFICATIONS in TECHNICAL SPECIFICATIONS. SECTION 6. HOURS AND WAGES Pursuant to Article 8 of the New York State Labor Law, no laborer, workman, or mechanic in the employ of the contractor, subcontractor or other person doing or contracting to do the whole or part of the work contemplated by the contractor shall be permitted or required to work more than eight hours in any one calendar day or more than five days in any week, except in cases of extraordinary emergency including fire, flood or danger to life or property. No such person shall be so employed more than eight hours in any day or than five days in any one week except in such emergency. The wages to be paid for a legal day’s work to laborers, workmen or mechanics performing work upon the contract shall not be less than the prevailing rate of wages as defined in Article 8 of the Labor Law. Additionally, each laborer, workman or mechanic employed by the contractor, subcontractor or other person performing the contract shall be provided the supplements required by that Article. SECTION 7. DECISION OF THE CITY In any event, the decision of the City, regarding the qualifications of bidders or subcontractors to accomplish the contract shall be final. SECTION 8. BOND REQUIREMENT The City does not require a Performance Bond for this project SECTION 9. INDEMNIFICATION For the purpose of this section, the terms Contractor and City shall include the officers, employees, subcontractors, respective agents or anyone else acting in their behalf. The Contractor agrees to assume the risk of all damage, loss, costs or expense, and agrees to indemnify and hold harmless the City from and against any liability, damage, loss or expense which may accrue to be sustained by the City on account of any claim, suit, or action brought against the City for the death of or injury to persons or destruction of property involving the Contractor sustained in connection with performance of the contract arising from any cause whatsoever (including without limitation , falls form scaffolding, ladders, catwalk, beams or other high places; mishaps involving cranes, booms, elevators, trucks or other equipment; all liability imposed upon the City by Section 240 of the New York State Labor Law; injuries resulting from electrical shock; and failure of or defect in any equipment, instrument or device supplied by the City to the Contractor) ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 18 except negligence or willful misconduct of the City or its’ employees acting within the scope of employment. SECTION 10. INSURANCE This contract shall be void and of no effect unless the Contractor secures and delivers a certification of insurance dated within ten (10) days of the date of the signing of the contract, and Contractor shall maintain such insurance policies as will protect themselves, their subcontractors and, unless specified otherwise, the City of Albany, New York (the owner), including their agents, servants and employees and the Engineer as additional named insured, from any and all claims for Bodily Injuries, Death or Property Damage which may arise from operations under this contract whether such operations be by himself/herself or by any subcontractor or anyone employed by him/her directly or indirectly, or any other party who may be injured, claim injuries or die. The following insurance policies are required: Statutory Worker’s Compensation Public Liability and Property Damage Automotive Liability Bodily injury Bodily Injury Each occurrence $1,000,000 Each person $1,000,000 Aggregate $1,000,000 Each accident $1,000,000 Property Damage Property Damage Each occurrence $1,000,000 Each accident $ 500,000 Aggregate $1,000,000 Such policies to insure: a) Contractor’s Public Liability & Property Damage, including explosion, collapse and underground hazards. b) Contractors Protective Liability & Property Damage. c) Completed Operations Liability & Property Damage. d) Contractual Public Liability & Property Damage. e) Automobile Public Liability & Property Damage insuring all owned and non-owned automotive vehicles and equipment. Owners Protective Liability & Property Damage - The Contractor shall take out and furnish to the owner and maintain and pay for during the life of this contract, complete Owner’s Protective Liability Insurance and shall provide certificates of insurance dated within ten (10) days of the signing of the contract, protecting the Owner, its agents, servants and employees and the Engineer as additional named insured, from any and all claims for personal injury, death or property damage arising out of the operations of the Contractor and his/her subcontractor on this job. The limits of liability shall be the same as specified under above for the Contractor’s Public Liability and Property Damage Insurance. Fire Insurance - In addition to such fire insurance as the Contractor elects to carry for his/her own protection, he/she shall secure and maintain in the name of the owner, policies upon such ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 19 structures and materials and in such amounts as shall be designated in the information of Bidders. The policies shall be delivered to the Owner. The original Owner’s Protective Liability insurance policy and certificates and/or copies of policies of such insurance specified above shall be furnished to the Owner prior to commencement of the work. All policies shall be secured from a company or companies which are satisfactory to the Owner and licensed to issue such policies in the State of New York. All policies and certificates shall contain an unequivocal statement that not less than thirty (30) days written Notice of Cancellation of any insurance shall be given to the Owner. SECTION 11. PRIOR PERFORMANCE No bid shall be accepted from or contract awarded to any person who is in arrears to the City, upon debt or contract, or who is in default as surety or otherwise upon any obligation to the said City, nor shall a bid he accepted or contract awarded to any contractor whose performance of any previous contract was unsatisfactory. SECTION 12. NON-PERFORMANCE If the Contractor fails at any time performing work required by this contract within the time limits specified, the City shall have the right to terminate the contract upon ten (10) business days written notice to the Contractor. SECTION 13. TERMINATION Notwithstanding any provisions of this Bid, the CITY shall have the right at any time, with or without cause, to terminate the resulting Contract and the services contemplated by this Bid on thirty (30) days written notice of such termination. In the event of such termination of the resulting Contract, the contract term shall be changed accordingly and the Contractor shall be entitled to compensation for all services theretofore authorized and performed pursuant to the resulting Contract in accordance with the resulting Contract. SECTION 14. INCORPORATION OF TERMS All provisions of the Bid Specifications shall be incorporated into a contract which shall be executed by the Contractor to whom the bid was awarded and the City. SECTION 15. EQUIVALENCE This bid specifications as set forth are intended to be descriptive and the City will consider bids from any vendor who can meet or exceed the specifications listed in the bid proposal as they relate to quality durability and performance. Deviations will not disqualify a bid where deviations are minor and do not affect quality, durability or performance. Any such deviations from bid specifications must be explained on the vendor’s bid submissions. The City’s decision will be final in any case where a product is to be considered as equal to the specifications. SECTION 16. SILENCE OF SPECIFICATION The apparent silence of this specification and any supplemental specification as to the details or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 20 correct type, size and design are to be used. All workmanship is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. SECTION 17. STATEMENT OF NON-INVESTMENT IN THE IRANIAN ENERGY SECTOR Pursuant to General Municipal law § 103-g, by submitting 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 of subdivision 3 of section 165-a of the state finance law. The list in question is maintained by the New York State Office of General Services. For further information and to view this list please go to: http://www.ogs.ny.gov/about/regs/ida.asp. If in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. A political subdivision may award a bid to a bidder who cannot make the certification pursuant to paragraph a of N.Y. General Municipal Law § 103-g on a case- by-case basis. SECTION 18. NON-DISCRIMINATION AND DIVERSITY STATEMENT Pursuant to Federal laws and regulations, the New York State Executive Law Article 15-A and the City of Albany General Code Chapter 48, Article III Omnibus Human Rights Law, the City recognizes its obligation under the law to prevent discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency and to promote opportunities for maximum feasible participation of certified minority- and women-owned business enterprises and the employment of minority group members and women in the performance of City contracts. In furtherance of these rules and principles, the City of Albany highly encourages the participation of certified minority- and women–owned business enterprises (“MWBE”) at the City’s goal levels and the employment of minority groups’ members and women in the performance of its contracts. The City of Albany hereby notifies all Consultants submitting a proposal that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in consideration for award. Further, by submission of a bid in response to this Bid request, 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: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 21 “The respondent/contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The respondent/contractor will not participate directly or indirectly in the discrimination prohibited by the federal, state and local laws and regulations, including employment practices. In all solicitations, either by competitive bidding, or negotiation made by the respondent/contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the respondent/contractor of the respondent/contractor’s obligations under this Statement and the federal, state and local laws and regulations relative to Non-discrimination on the grounds of race, sex, creed, color, religion, national origin, sexual orientation, gender, age, disability, marital or domestic partner, or English proficiency SECTION 19. AWARDING THE CONTRACT The City of Albany reserves the right not to award a contract. Due to the project’s complexity, unpredictable timing and potential emergent nature of the services required, the City reserves the right to make multiple awards. The award(s) will be based on the lowest Normal Field Rate provided by the lowest responsible bidder(s). SECTION 20. LIVING WAGE ORDINANCE All Contractors who enter a service contract with the City of Albany must comply with the Living Wage Ordinance 50.61.05 as adopted by the Common Council on September 8, 2005. See Living Wage Certification/Declaration Section. SECTION 21. INVOICE PROCEDURES Upon completion of the work task, an invoice and City voucher shall be delivered or mailed in duplicate to: City of Albany Department of General Services, 1 Conners Blvd Albany, New York 12204. SECTION 22. SUBMITTALS Vendor shall provide schedule of unit prices for all services, personnel and materials that may be utilized in the scope of this contract; that schedule of values will be incorporated into the scope of services. SECTION 23. APPRENTICESHIP REQUIREMENTS Each contractor and subcontractor prior to being awarded a construction contract in excess of $250,000 shall demonstrate that it has an apprenticeship program or an apprenticeship ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 22 agreement with an apprenticeship program register with the Commissioner of the New York State Department of Labor that is appropriate to the type and scope of work to be performed. The City Engineer, in consultation with the members of the Board of Contract and Supply, shall make the necessary determination as to the availability and type of apprenticeship programs appropriate to the scope of the work to be performed. SECTION 24. CONTRACT TERM The contract will commence on December 1, 2020 and will terminate close of business December 31, 2021. The City will have the option to extend the contract for two one year periods. If this option is exercised, the first extension period will commence January 1, 2022, and terminate close of business December 31, 2022. The vendor will be notified in writing prior to December 31, 2021 of this extension. The second extension period shall commence January 1, 2023 and terminate December 31, 2023. The vendor will be notified in writing prior to December 31, 2022 of this extension. SECTION 25. EXTENSION OF BIDS TO ALL POLITICAL SUBDIVISIONS AND AUTHORIZED DISTRICTS LOCATED IN THE STATE OF NEW YOK It is the intent of this request for bid that all political subdivisions and districts located in the State of New York be entitled to make purchase of materials, equipment or supplies from this resulting bid award. All purchases shall be subject to audit and inspection by the other political subdivisions for which the purchase was made. All orders will be placed by the participating entities. Each participating entity shall be billed by and make payment directly to the successful bidder. Upon request, participating entity must furnish the successful bidder with the proper tax exemption certificates or documentation of tax exempt status. The sole responsibility in regard to the performance of the bid, or any obligation, covenant, condition or term thereunder by the successful bidder and participating entities will be borne and is expressly assumed by the successful bidder and the participating bidder and not by the City of Albany. In the event of failure, or breach in performance of any such bid by the participating entity or the successful bidder, the City of Albany, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and terms and conditions of this City of Albany bid. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 23 TECHNICAL SPECIFICATIONS INTENT It is the intent of the City of Albany to solicit bids for construction, repair and supply services for city owned fences throughout the City. The scope of services includes, but is not limited to, installation of new fences, repair of existing fences and providing replacement parts as needs arise. Typical installations and repairs are on level ground around buildings, playgrounds and sports fields. The fence types, sizes, conditions and locations within the City vary. As such the City is seeking a vendor that can provide complete installations, repair services and materials for minor self-performed repairs. The Vendor shall be prepared to install and or repair alternate types of fencing (stockade, privacy, PVC, etc.), depending on the scope of each task. In addition, the vendor shall be engaged in the repair and service of automated gate structures and operators. Recreational facilities baseball backstops) are also included in the scope of services. A. LOCALE The bidder must have an established business located within approximately a fifty (50) mile radius of the City of Albany. B. CONSTRUCTION SPECIFICATIONS All work will be conducted in conformance with all Federal, State and local codes. The City is seeking pricing per linear foot of steel chain link fence installed. For purposes of bid evaluation, the scope of the installation is to include the following:  Vendor shall provide materials and construct chain link fence to the height requirements of each location (see Bid Sheet 1 of 4)  9 or 11 gage Zinc coated galvanized steel wire (see Bid Sheet 1 of 4)  2” x 2” helically woven diamond mesh  11 gage break load: 850 lbs.  9 gage break load: 1290 lbs.  Steel cap on each post  Top Rail  Bottom Wire  Draw bar & all necessary hardware  Assume level surface and minimum of 100 linear feet of installed fence line.  Per linear foot pricing shall include all labor, material costs, equipment, fuel, equipment, profit and overhead  Note: should Vendor offer additional services or materials, please provide a separate attachment. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 24 Post Specifications: 26” to 120” Tall Fences:  Class A Schedule 40 posts  2” Steel (2-3/8” OD) 120” to 144: Tall Fences  Class A Schedule 40 posts  2-1/2” Steel (2-7/8” OD)  All posts shall be installed to a depth of 48” minimum, 8’ on center. 10” diameter holes, poles to be inserted a minimum of 3’6” and encased in mortar (1:2 Portland cement to aggregate)  End, pull and corner posts will have 3/8” truss rod with turnbuckle installed C. REPAIR SPECIFACTIONS The City is seeking hourly pricing for fence repairs as needs arise. For the purposes of this solicitation and subsequent contract, any repairs or upgrades that total less than 100 linear feet will be conducted on a time and materials basis. The hourly rate shall include all labor, material costs, equipment, fuel, equipment, profit and overhead. In addition, equipment, fuel, profit and overhead per employee. Hourly rates commence upon mobilization to the job site. Whenever possible, the City prefers to work from an existing written estimate; should an estimate fall below $500, a written estimate is not required. Given the complexity of the scope, specific part needs are not known; as such, the City requires a supplemental schedule of fees for materials and services that fall within the scope of work however may not have been itemized on Bid Sheet 2 of 4. The vendor shall provide a supplemental schedule of fees with their bid submission. D. PARTS/MATERIALS Any and all materials required under this service shall be supplied and/or purchased by the successful bidder as an agent of the City. All materials profit and or markup shall be included in the DISCOUNT/MARK UP ON PARTS FROM RETAIL Bid. E. PICK-UP & DELIVERY Typically, the City will deliver and pick up any supplies or materials that require work at the vendor’s facility. F. RECORD KEEPING A written statement must be submitted on a basis and must include invoice date of service and cost of repairs for all work done in the respective month. Failure to submit a statement will affect timely payment and it is ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 25 at the City’s discretion to deny payment on invoices that are submitted to the City more than thirty (30) days after work is performed. G. WARRANTY There shall be a minimum of a thirty (30) day warranty on all work performed. All parts shall have a manufacturer’s warranty where applicable. If none is available the vendor must provide a minimum thirty (30) day warranty. Any work that is deemed inferior or unacceptable by the Commissioner or his/her designee shall be corrected at no additional cost to the City. H. PERFORMANCE To the greatest extent possible, the City will solicit a written estimate from the vendor based on the agreed upon scope of work. The City reserves the right to call upon the Vendor to assist with the mitigation of a public emergency and as such, the Vendor will be entitled to Emergency Field Rates. Should field conditions warrant, an adjustment may be made to the final project invoice for each project. If the work is not completed in a timely manner, the City reserves the right to utilize another vendor for the repair. The Department of General Services and other City Departments conduct business 24 hours per day. A timely turnaround of services is necessary and very important to the success of uninterrupted services provided by the City of Albany. I. TERM See Section 24 J. CONTRACTOR QUALIFICATIONS The successful Bidder shall demonstrate adherence to the following minimum qualifications: 1. Bidder has ten (10) years of professional experience in completing the tasks assigned under this RFB. Bidder to provide evidence of compliance; 2. The Bidder will have a minimum of 6 (six) service personnel 3. Bidder has sufficient facilities, equipment, associated tools and inventory to complete the tasks assigned under this RFB. TECHINCAL QUESTIONS SHOULD BE SUBMITTED IN WRITING TO: Joseph Giebelhaus Deputy Commissioner, Department of General Services One Richard J Conners Blvd, Albany NY 12204 [EMAIL REDACTED] ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 26 APPENDIX A (City of Albany Minority Participation Requirements) ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 27 CITY OF ALBANY MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE AND MINORITY AND WOMEN LABOR REQUIREMENTS The City of Albany Office of Equal Employment Opportunity and Fair Housing is responsible for monitoring the City’s Affirmative Action Policy. Any questions regarding this policy should be directed to City Hall, Division of Purchasing, M/WBE Programs, Room 255M, Albany, New York 12207, or call (518) 434-5127. HON. KATHY M. SHEEHAN Mayor ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 28 MINORITY AND WOMEN-OWNED BUSINESS UTILIZATION AND MINORITY AND WOMEN LABOR PARTICIPATION POLICY POLICY STATEMENT The City of Albany recognizes the need to take steps to ensure Minority and Women-Owned Businesses and the Minority and Women workforce are given the maximum opportunity to participate in the performance of contracts let by the City of Albany. This opportunity for full participation in our free enterprise system by socially and economically disadvantaged persons is essential, to obtain social and economic equality and improve the functioning of the City economy. Accordingly, it is the policy of the City of Albany to foster and promote the development of Minority and Women Business Enterprises. The contractor, by bidding on this contract, acknowledges his understanding of this social policy. The contractor is encouraged to assist the City in the implementation of this policy by taking appropriate steps, in situations under his direct control, to use minority employees, suppliers and subcontractors in the completion of this contract. ANTI-DISCRIMINATION CLAUSES 220-E NYS Labor Law PROVISIONS IN CONTRACTS PROHIBITING DISCRIMINATION ON ACCOUNT OF RACE, CREED, COLOR OR NATIONAL ORIGIN IN EMPLOYMENT OF CITIZENS UPON PUBLIC WORKS - Every contract for or on behalf of the State or a municipality for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies shall contain provisions by which the contractor with the State or municipality agrees: • In hiring of employees for the performance of work under this contract or any subcontract hereunder, no contractor, subcontractor, nor any person acting on behalf of such contractor or subcontractor, shall by reason of race, creed, color, disability, sex, or national origin, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employee relates. • No contractor, subcontractor, nor any person acting on behalf of such contractor, subcontractor shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under this contract on account of race, creed, color, disability, sex, or national origin. • There may be deducted from the amount payable to the contractor by the City under this contract a penalty of fifty dollars ($50) for each person, for each calendar day during which such person(s) was ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 29 discriminated against or intimidated in violation of the provisions of the contract; and • This contract may be canceled or terminated by the City and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the contract; and • The aforesaid provisions of this section covering every contract for or on behalf of the City for the manufacture, sale or distribution of materials, equipment or supplies shall be limited to operations performed within the territorial limits of the State of New York. CITY OF ALBANY MINORITY AND WOMEN-OWNED BUSINESS UTILIZATION AND MINORITY AND WOMEN LABOR PARTICIPATION POLICY It is the policy of the City of Albany that Minority and Women Business Enterprises are afforded the opportunity to participate in the performance of contracts let by the City and its several agencies and authorities. It is further the policy of the City of Albany that all contractors and subcontractors engaged on projects of the City or its agencies and authorities utilize Minority and Women Labor to the fullest extent feasible. The intent of the City of Albany’s Minority and Women Business Enterprise Ordinance is to provide economic and employment opportunities to both minority and women-owned businesses and minority workers in contracts let by the City. In keeping with this policy, the following goals have been established: 1. To award a minimum of seven and one half percent of the total dollar value of the contract to City of Albany Certified Minority and Women Business Enterprises and; 2. To award a minimum of 17.8% of the total labor force hours to the minority and women labor pool. For the purpose of meeting the Minority and Women Business Enterprise goal, the City will only recognize City of Albany Certified Minority and Women Business Enterprises. A list of City of Albany Certified Minority and Women Business Enterprises can be obtained from City Hall, Division of Purchasing, M/WBE Programs, Room 255M, Albany, New York 12207, or by calling (518) 434-5127. The following definitions shall govern the management and direct implementation of program guidelines for Minority and Women Business Enterprise (M/WBE) and Minority and Women Labor Utilization. DEFINITIONS A City of Albany Certified MBE is a business recognized by the City of Albany as an established profit-making enterprise, firm or corporation; owned, controlled, and operated with a minimum of 51% of all ownership benefits held by a member of one of the following groups, additionally, a Minority is a person who is a member of one or more of the following groups: • Black, not of Hispanic origin - Persons having origins in any of the Black racial group of Africa; ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 30 • Hispanic - Persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture of origin, regardless of race; • Asian or Pacific Islanders - Persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippine Islands and Samoa. • Native American or Alaskan Natives - Persons having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. DEVELOPING AND MONITORING MINORITY AND WOMEN PARTICIPATION PLANS The City of Albany Office of Equal Employment Opportunity and Fair Housing (EEO/FH) is responsible for monitoring Affirmative Action in contracts let by the City and its several agencies and authorities. Prior to acceptance of bid, the City and its several agencies and authorities will assure that all contractors submit a completed “Minority Participation Plan” with the bid (See attached forms CITY-001 and CITY-001b). THE PLAN MUST BE SUBMITTED WITH THE BID and will be forwarded to EEO/FH for review and acceptance PRIOR TO THE AWARD OF THE BID. The Minority and Women Participation Plan must detail the following: • A projection of the total number of hours to be worked on the job site. The hours must be separated by trade and must include hours to be worked by subcontractors. • Description of each proposed subcontract, including the name, address, phone number, social security or federal ID number for each subcontractor (including City of Albany Certified (M/WBE’s) who will be working at the job site. • A listing of the total dollar amount of each proposed subcontract. EEO/FH must be notified immediately of any changes during the project, particularly if the change results in an increase or decrease in the cost of the project. Any problems encountered by the contractor in meeting the goals of Minority and Women Participation should be brought to the attention of EEO/FH immediately. The City of Albany requires that contractors make good faith efforts to meet these goals. Contractors that have determined that it is not feasible to meet the goals must complete the attached form labeled: City of Albany Minority and Women Participation Waiver Request, and include with the bid for work. The request must justify why the firm cannot reach the Minority and Women Labor and Minority and Women-Owned Business Subcontractor Participation goals, as applicable. The justification must include impediments encountered, despite actions taken, or other economic opportunities provided in the firm’s efforts to comply with the City’s Minority and Women Participation Policy. Each waiver request will be evaluated individually. Submission of the request does not guarantee waiver of these requirements. Additional information and documentation may be required at the discretion of the Office of Equal Employment Opportunity and Fair Housing. COMPLIANCE In order to receive payment on contracts let by the City and its several agencies and authorities, the contractor and subcontractors must furnish utilization reports (see attached form CITY-002). The report(s) must detail the total number of hours worked on the project for the ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 31 month, total number of hours worked by minority and women workers and the total dollar amount paid to the Minority and/or Women Subcontractors. Questions or comments concerning this information should be directed to City Hall, Division of Purchasing, M/WBE Programs, Room 255m, Albany, New York 12207, or call (518) 434-5127. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 32 The following document is a City of Albany Minority and Women Labor and Minority and Women Business Enterprise Participation Plan. This document must be completed and submitted with this bid. Document Reference Number: CITY – 001(a) and CITY – 001(b) ALL BIDS MUST INCLUDE: City of Albany Minority and Women Participation Plan or Request for Waiver – waivers must be accompanied by Good Faith Effort documentation. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 33 MINORITY AND WOMEN LABOR PARTICIPATION PLAN The information requested below must be completed by the contractor and submitted with the bid. The figures shall be based on the bidder’s estimate of workforce needs and minority representation of that workforce. The contractor will be required to furnish periodic reports as documentation that established goals are being met. These reports shall be submitted to City Hall, Division of Purchasing, M/WBE Programs, Room 255M, Albany, New York 12207. For assistance in completing this form, please call (518) 434-5127. Federal ID# (or Fax Number: Cost of Project: A. Minority and Women Labor Participation The goal for minority labor participation on City of Albany projects is that 17.8% of the total workforce hours should be worked by minorities. In the space provided below, please list the following workforce information by trade: total number of work hours for the project and total number of those hours to be worked by minorities. Trade Total Workforce Hours Total Number of Hours to be Worked by Minorities and Women Carpenters Painters Electrician Plumber Drywall Drivers Foremen Laborers Masons Other: (Please specify) Total Hours: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 34 B. Subcontractor Participation The City of Albany EEO Office is responsible for monitoring all subcontracts on construction projects let by the City of Albany and its agencies and authorities. The goal for Minority and Women Business Enterprise participation on City of Albany projects is 7.5% of the total dollar amount of the contract. Please complete the information requested on the following page, describing all anticipated subcontractor participation. Sign below to indicate that all information provided on this Minority Participation Plan is true and correct. Date: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 35 CONTRACTOR AND SUBCONTRACTOR UTILIZATION PLAN General Contractor: Project: Telephone: Contact Person: Sub-contractor Name, Address, Phone Amount of Sub-contract and Anticipated Start Date Trade (See Below) Sub-contractor Race/Ethnicity/ Gender (See chart below) Sub-contractor Federal I.D. or Social Security # Type of Trade: Race / Ethnicity / Gender: 1. Supplies 1. White 2. Masonry 2. Black 3. Trucking/Paving 3. Native American 4. Demolition/Excavation 4. Hispanic 5. Electrical 5. Asian/Pacific 6. Painting 6. Hasidic Jews 7. Plumbing/HVAC 7. Female 8. Carpentry 8. Male 9. Roofing 10.Other Date: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 36 The following document is a City of Albany Minority and Women Labor Utilization Report and Minority and Women Business Enterprise Subcontracting Report. This document must be completed after construction begins. Document Reference Number: CITY – 002(a) and CITY – 002(b) After construction begins, this document must be completed by each firm working on the site and submitted with requests for payment. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 37 CITY - 002(a) CITY OF ALBANY MINORITY AND WOMEN LABOR UTILIZATION REPORT (This form is for reporting purposes only Do not submit with bid) The purpose of this form is to report on site MINORITY AND WOMEN LABOR UTILIZATION. This report must be completed by the owner of EACH FIRM working on site and submitted to the General Contractor on a Basis (please print or type). The General Contractor must forward the report to City Hall, Division of Purchasing, M/WBE Programs, Room 255M, Albany, New York 12207. For assistance in completing this form, please call (518) 434-5127. Firm Name: Contact Person: Address: City/State/Zip: Telephone: Fax No.: Name of Project: Reporting Period: From: To: This section must reflect the TOTAL HOURS WORKED during the reporting period. A TRADE B Number of Hours Worked by Minorities C Number of Hours Worked by Women D Number of Hours Worked by Non-Minorities E Total Hours Worked on This Project (B+C+D) ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 38 Is this the final Minority and Women Labor Utilization Report? Information provided by (please print): Date: ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 39 CITY - 002 MINORITY AND WOMEN BUSINESS ENTERPRISE SUBCONTRACTING REPORT THIS SECTION IS TO BE COMPLETED BY THE GENERAL CONTRACTOR ONLY This section must reflect MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) subcontracting activity during this reporting period. M/WBE Firm Name, Address and Phone Total Payments to date Is this the final M/WBE Report? Yes or No ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 40 04/09 The following document is a City of Albany Minority and Women Labor and Minority and Women Business Participation Waiver Request Form. This document must be completed and submitted with the bid only if the contractor will be unable to meet the city’s goals. Submission of this request does not guarantee a waiver of the City’s Minority and Women Participation requirements. Requests for waiver will be evaluated on a project-by-project basis. The City of Albany Office of Equal Employment Opportunity reserves the right to reject any and all requests for waiver of these requirements. ---PAGE BREAK--- CITY OF ALBANY RFB: FENCE CONSTRUCTION, REPAIR & SUPPLY SERVICES 41 City of Albany Minority and Women Labor and Minority and Women Business Enterprise Participation Waiver Request Form The City of Albany requires Minority and Women Participation in employment and subcontracting on all City funded projects. If efforts have been made to meet the city requirement and your firm is unable, please complete this request form and include it with your bid. The request must specifically identify why the firm cannot reach the Minority and Women Labor Participation Goal (17.8% of total project work hours) and/or the Minority and Women Subcontractor Goal (7.5% of the total dollar value of the contract), as applicable. Please be advised that submission of this request does not guarantee waiver of these requirements. Each request will be evaluated on an individual basis and only applies to the project specified below. Additional information and documentation may be requested at the discretion of the Office of Equal Employment Opportunity and Fair Housing. Please print or type the information requested below and attach additional sheets if necessary. Firm Requesting Waiver: Firm Address: Phone: Contact Person: Fax: Project: Bid Amount: □ Request Waiver of Minority and Women Labor Participation Goal. Please explain: □ Request Waiver of Minority and Women Subcontractor Participation Goal. Please explain Name of person completing this document Date For further information, please contact City Hall, Division of Purchasing, M/WBE Programs, Room 255M, Albany, New York 12207, or phone (518) This section is for EEO/FH use Date: Staff Signature: □ Approved □ Rejected