BD-25-26 Fiber Installation.pdf

BD-25-26

LEGAL NOTICE

Sealed bids will be received by the officers of the Board of Public Utilities (BPU), City of Jamestown, New York, at its 92 Steele Street office until 11:00 AM October 23, 2026, for Fiber Service Drop Installation, Premise Installation and Subscriber Support performed within the BPU fiber service area in and around Jamestown, New York.

Detailed specifications and bid forms may be obtained at the office of the BPU located at 92 Steele Street, Jamestown, NY or online at www.jamestownnybpu.gov, under About, click on Legal Notices.

The BPU reserves the right to reject any or all bids, the right to waive any informalities, the right to permit exceptions deemed not to be of substance, and the right to accept any bid which the BPU deems to represent the prudent and economical expenditure of the public monies for the benefit of its customers by securing the maximum quality at the lowest possible cost.

Bids shall be placed in a sealed envelope addressed to the General Manager, Board of Public Utilities, City of Jamestown, New York, be plainly marked on the outside, "PROPOSAL NO. BD- 25-26“ and be delivered at the Board's office located at 92 Steele Street.

Kristofor Sellstrom, P.E., General Manager Board of Public Utilities City of Jamestown 92 Steele Street Jamestown, New York 14701

October 10, 2026 http://www.jamestownbpu.com/

TABLE OF CONTENTS

INSTRUCTION TO BIDDERS

1.0 INSTRUCTIONS TO BIDDERS, PAGE 4-5

1.1 DEFINITION OF TERMS, PAGE 6

1.2 AUTHORITY OF BIDDERS, PAGE 6

1.3 INTERPRETATION OF SPECIFICATIONS, PAGE 7

1.4 STANDARDS AND SUBSTITUTIONS, PAGE 7

1.5 EXCEPTIONS, PAGE 7

1.6 BULLETINS, PAGE 7-8

LEGAL REQUIREMENTS

2.0 INTERPRETATION OF SPECIFICATIONS, PAGE 9

2.1 ORAL STATEMENTS NOT BINDING, PAGE 9

2.2 SUITS IN COURTS, PAGE 9

2.3 LAWS TO BE OBSERVED, PAGE 9

2.4 PREVAILING WAGES, PAGE 10

2.5 SAVE HARMLESS, PAGE 10

2.6 INDEPENDENT CONTRACTOR, PAGE 10

2.7 SUBCONTRACTORS, PAGE 10

2.8 HAZARDOUS MATERIALS, PAGE 11

2.9 INSURANCE, PAGE 11

2.10 PATENTS, PAGE 12

2.11 NO WAIVER OF LEGAL RIGHTS, PAGE 13

2.12 CONFLICTING TERMS, PAGE 13

2.13 USE OF BPU TOOLS AND EQUIPMENT, PAGE 13

FINANCIAL

3.0 INTENT AND MEANING OF SPECIFICATIONS, PAGE 14

3.1 PERFORMANCE GUARANTY, PAGE 14

3.2 TERMS OF PAYMENT, PAGE 14

3.3 CHANGES IN WORK, PAGE 15

3.4 INCIDENTALWORK AT CONTRACTOR’S EXPENSE, PAGE 15

3.5 PURCHASER NOT LIABLE, PAGE 15

3.6 ACCEPTANCE, PAGE 15

3.7 CERTIFIED PAYROLL, PAGE 15-16

TABLE 1 - FORMS TO BE COMPLETED BY CONTRACTOR, PAGE 17

PURPOSE OF PRICING SCHEDUALS IN FORM OF PROPOSAL, PAGE 18

FORM OF PROPOSAL, PAGE 19-23

GUARANTY FOR PROPOSAL CONTRACT (PROPOSAL BOND), PAGE 24

STATEMENT OF SURETY, PAGE 25

NON-COLLUSIVE BIDDING CERTIFICATION (CORPORATION), PAGE 26

NON-COLLUSIVE BIDDING CERTIFICATION (PARTNERSHIP), PAGE 27

BIDDING AND SCHEDULE FORM, PAGE 28

CONTRACT, PAGE 29-32

GENERAL TECHNICAL INFORMATION, ATTACHED SECTION 4 PAGE 33-35

DETAILED TECHNICAL SPECIFICATIONS, ATTACHED SECTION 5 PAGE 36-40

ATTACHMENT 1 DESIGN CRITERIA PAGE 41-43

INSTRUCTION TO BIDDERS

1.0 INSTRUCTIONS TO BIDDERS

Proposals for the work referred to in the foregoing Legal Notice and covered by the attached Specifications, must be submitted within the specified time and must be accompanied by such information as the Specifications require. When bidding on this work, Bidders shall use the forms included with these Specifications, returning the same, intact, with such supplementary specifications, data, drawings, etc., as are to be included. Table 1 (located at the end of Section

3) provides a checklist summary of these requirements.

A bid cannot be withdrawn after the expiration of the time set for receiving bids, nor can any change in price or other details be made by letter, telegram, or verbal statement. The prices and other information must be legibly written (or printed) in ink, the bid price, or prices being written in words as well as figures.

Bidders must acquaint themselves fully with the amount and nature of the work to be done by carefully studying the Specifications and drawings and by visiting the site, examining existing construction, and inquiring into any local conditions which may affect their work.

No bid will be accepted from, nor will any Purchase Order be awarded to any person or company who is in arrears with the Board of Public Utilities upon debt or Purchase Order, or who is in default, as surety or otherwise, upon any obligation to said Board or whose work has heretofore proven unsatisfactory or dilatory.

If required in Table 1, each proposal shall be accompanied by a Proposal Bond or a certified check on a solvent bank in the amount of $25,000.00. If a Proposal Bond is furnished, it shall be issued by a surety company authorized by license to write insurance contracts in New York State and rated "A" or better by A. M. Best Company, Inc. in Best's Key Rating Guide, and otherwise acceptable to the BPU, and shall be on the blank form attached hereto. If a certified check is furnished, it shall be drawn to the order of the Treasurer of the City of Jamestown, New York. This security is required as evidence of good faith that the Bidder will, within ten (10) days after the date of notification that its Proposal has been accepted, enter into a contract with the Board of

Public Utilities of the City of Jamestown (BPU), New York, to execute its proposal.

If required in Table 1, each Bidder shall furnish with the Proposal, a "Statement of Surety" to the effect that, should the bid be accepted, the Surety is willing to provide a Performance Bond in the sum of $50,000.00, conditioned upon the faithful and satisfactory performance of all obligations and requirements of the contract and guaranty of materials and workmanship for 12 months following final acceptance of the work by the BPU.

If the Bidder to whom this Contract is awarded fails to sign same and provide the required

Performance Bond within ten (10) days after the award is made, the award may be canceled and, in that event, the Bidder will forfeit to the BPU the full sum of $25,000.00 as liquidated damages and not as a penalty.

A bid which is not accompanied by the required certified check or Proposal Bond, or a bid which is incomplete, or which contains alterations, erasures, discrepancies, or a conditional proposal, or a bid in which the surety company is not named, may be rejected. All certified checks will be returned to their respective depositors immediately after the contract has been signed and the Contractor's Performance Bond herein required has been furnished and approved by the BPU's properly authorized representatives.

The BPU reserves the right to reject any bid or all bids, the right to waive any informalities, the right to permit exceptions deemed not to be of substance, and the right to accept any bid which the BPU deems to represent the prudent and economical expenditure of the public moneys for the benefit of the BPU’s ratepayers by securing the maximum quality at the lowest possible cost.

All proposals shall be submitted in an opaque sealed envelope or package plainly marked on the outside with the name, address, and phone number (including FAX number) of the person, firm, partnership, or corporation bidding and the name of their respective representatives whom they expect to be present when the bids are opened. The SPECIFICATION – PROPOSAL –

PURCHASE ORDER NUMBER on which the bid is submitted shall be plainly marked on the outside of the sealed envelope containing the bid. If forwarded by US Mail, the envelope containing each proposal shall be placed in another envelope addressed to Mr. Kristofor Sellstrom, General Manager, Board of Public Utilities, P O Box 700, Jamestown, New York 14702-0700.

If forwarded otherwise than by US Mail, it must be delivered to Mr. Kristofor Sellstrom, General

Manager, Board of Public Utilities, 92 Steele Street, Jamestown, New York 14701.

An original and two (2) complete copies of the Proposal shall be provided in sealed envelopes marked "BD-25-26 COPIES" and include the bidder’s information as indicated above.

Two (2) proposals from a firm, corporation, or association under different names will not be considered. Reasonable grounds for supposing that any bidder is interested in more than one proposal for this work will be cause for the rejection of all proposals in which it has been interested.

Any or all proposals will be rejected if there is reasonable ground for supposing that there is collusion among bidders, and all participants in such collusion will receive no further recognition for this work.

The Bidder shall submit a complete proposal providing prices for all options and supply any information (with the proposal) which may be required to completely evaluate its proposal or the bid may be declared irregular.

If the Bidder should encounter any condition not provided for in the Purchase Order

Documents that will affect its bid or the performance of its Purchase Order obligations should the

Bidder be awarded the Purchase Order, the Bidder shall notify the BPU in writing at least five (5) days prior to the opening of the bids and enclose a copy of such letter with the bid.

1.1 DEFINITION OF TERMS

The terms and expressions used in these specifications and contract shall be understood as follows:

The word "BPU" or “JBPU” to mean the City of Jamestown, New York acting through its Board of Public Utilities.

“Bid Specifications” refers to the entire package of documents.

The word "Bidder" to mean any individual, firm or corporation submitting a proposal to the Board of Public Utilities of the City of Jamestown, New York.

“Contract” shall refer to the document executed by the parties which incorporates the Bid Specifications into an agreement.

The word "Contractor" to mean any individual, firm or corporation undertaking this contract with the City of Jamestown, New York.

The word "General Manager" to mean the General Manager of the Board of Public

Utilities, City of Jamestown, New York.

The word "Inspector" to mean the person appointed to inspect the materials used and the work performed under this contract.

“Performance Bond” shall be interpreted to mean a document or documents executed by the Contractor and a financial guarantor (surety) providing a financial guaranty that the Contractor will perform the work contracted for and will pay all subcontractors and material suppliers. The term Performance Bond shall include “Payment Bond.”

“Proposal Bond” shall mean the written financial guaranty of a financial guarantor

(surety) that the bidder will execute a contract with the BPU upon notification that the bid has been awarded to that contractor.

The word "days" when used in this contract shall be held to mean calendar days unless otherwise specified.

The "amount of the contract" shall be held to mean the total amount bid in the

Contractor's proposal.

The word "Vendor" shall be held to have the same meaning as "Contractor".

1.2 AUTHORITY OF BIDDERS

If the bid is made by a firm or partnership, the name and the place of residence of each member of the firm or partnership must be given. If made by a corporation, the person signing the bid shall state under the laws of what state the corporation was chartered and the name and title of officer or officers having authority under the by-laws to sign Purchase Orders. Anyone signing a proposal as agent must file it with legal evidence of their authority to do so.

1.3 INTERPRETATION OF SPECIFICATIONS

The documents in this bid package are collectively intended to describe and provide for the complete work and each form a part of the Purchase Order(s). They are to be cooperative and what is called for by one is as binding as if called for by all. It is important, therefore, that Bidders familiarize themselves with all documents.

1.4 STANDARDS AND SUBSTITUTIONS

The names or make of any article, device, material, form of construction, fixture, etc., named in these specifications whether or not the words "or equal" are used, shall be known as

"standard".

All proposals shall be based on the standards specified.

Where two or more standards are named together, Bidders may bid on any of the standards named, regardless of the order in which they are named.

Bidders are invited to submit substitutions for the standards specified, provided:

1. They name the substitution bid upon and the additions or deduction they will make to, or from their base bid provided each substitution is approved by the BPU.

2. The substitute bid upon shall be written on a substitute blank and attached to the formal proposal.

3. The complete specifications and a description of the substitution bid upon shall be furnished to the BPU prior to the award of the Purchase Order.

If the Bidder names no substitutions, the standards as specified shall be used.

1.5 EXCEPTIONS

Any exceptions to the bidding specifications shall be noted on the Proposal Form in the space provided, if additional space is required the Bidder shall note in the space that the exceptions are stated on an attached page(s). The attached page(s) shall be numbered and inserted immediately following the signature page of the Proposal Form and clearly titled "EXCEPTIONS"

1.6 BULLETINS

It shall be understood that any bulletins issued from time to time to furnish additional information to the bidders shall become an integral part of these specifications. Receipt of bulletins shall be acknowledged by the bidders in the space provided on the proposal sheet.

NOTES:

(A) The bidding documents may be obtained at the offices of the Board of Public Utilities by any approved bidder.

(B) Bidders should provide any questions concerning the proposal in writing. The questions and requests for information should be submitted in writing to the following address, all questions submitted will be answered in writing along with any documentation being sent to all prospective bidders and who have previously obtained the bid documents. Address all correspondence to:

BPU TECHNICAL / ADMINISTRATIVE LEAD

Cory Allen / Kristofor Sellstrom

Jamestown Board of Public Utilities

P.O. Box 700

Jamestown, NY 14702-0700

PH: 716-661-1682 or 716-661-1638

FAX

E-Mail: callen@jamestownbpu.com; ksellstrom@jamestownbpu.com mailto:callen@jamestownbpu.com mailto:ksellstrom@jamestownbpu.com

LEGAL REQUIREMENTS

2.0 INTERPRETATION OF SPECIFICATIONS

Should any misunderstanding arise as to the intent or meaning of the plans or Bid

Specifications, or any discrepancies appear in either, the decision of the General Manager in such case shall be final and conclusive.

No person or persons except the General Manager or his designee shall have the power to revoke, alter, enlarge, or relax the stipulations or requirements of these specifications. No interpretation of the meaning of the plans, specifications or other documents will be made by the

JBPU to any bidder orally. Every request for interpretation shall be made to the JBPU in writing at the address listed herein, and must be received seven (7) days prior to the date fixed for the opening of bids. Each response will be transmitted to each bidder that received a copy of the Bid

Specifications.

2.1 ORAL STATEMENTS NOT BINDING

It is understood that the written terms and provisions of these specifications, as incorporated into a Purchase Order, supersede all prior oral statements of officers of all parties to the Purchase Order and such statements shall not be effective or be construed as entering into or forming part of, or altering in any way, the written Purchase Order.

2.2 SUITS IN COURTS

These Bid Specifications, and any Purchase Order incorporating them, shall be interpreted in accordance with the laws of the State of New York. Any action brought against the JBPU or its officers or agents under this Purchase Order shall be brought in the courts of the State of New

York, Chautauqua County.

2.3 LAWS TO BE OBSERVED

The Bidder at all times shall observe and comply with all Federal, State and City laws, ordinances, and regulations, in any manner affecting the conduct of the work, and all such orders or decrees as exist at present and those that may be enacted later, of bodies or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the JBPU and all its offices, officers, agents, and employees, against any claim or liability arising from or based on the violations of any such law, ordinance, regulation, order, or decree, whether by the Bidder, or its employees or Sub-Bidders.

2.4 PREVAILING WAGES

Work performed under this contract is public work subject to New York State Prevailing

Wages for Chautauqua County. The relevant prevailing wage schedule and other applicable requirements may be viewed by referencing the New York State Department of Labor information at the following web address:

PRC # 2026029021 - Fiber Service Drop Install https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1638864

The Contractor shall post the prevailing wage schedule at the job site in an area that is visible to employees. All employees performing work pursuant to this contract, whether employed by the Contractor or subcontractors thereof, shall be paid in accordance with the prevailing wage schedule. The Contractor shall provide the BPU with copies of certified payrolls.

2.5 SAVE HARMLESS

Contractor agrees to indemnify and save harmless the JBPU from and against any loss, expense, claims by reason of damage to property, or for bodily injury or both arising out of the performance of this Contract where such damage or injury is attributable to the negligence of

Contractor or its subcontractors, and in the event that such damage or injury is caused by the joint or concurrent negligence of the JBPU, the loss shall be borne by the Contractor and the JBPU proportionately to their degree of negligence.

2.6 INDEPENDENT CONTRACTOR

The relationship between the Contractor and JBPU shall be that of an independent contractor and not that of agent or employee. The Contractor, its employees, subcontractors and material suppliers shall, at all times during the term of the contract, conduct themselves in a matter consistent with this status and shall not hold themselves out as, or claim to be, acting in the capacity of officers, employees, agents, representatives or servants of the BPU, nor make any claim, demand or application for any right or privilege applicable to an employment relationship, nor have the right to bind the BPU to any obligation or liability to any third party.

2.7 SUBCONTRACTORS

No part of this Contract shall be assigned, nor the work be sublet, to any contractor or subcontractor without the express written consent of the BPU upon a written request by the

Contractor. Permission by the BPU to sublet or subcontract all or any portion of the work shall not relieve the Contractor from full responsibility for the work included in this contract, and for the due performance of all the terms and conditions of this contract. The BPU will not grant authority to assign or subcontract any work unless and until the Contractor has furnished the BPU with satisfactory evidence that the contractor is able to meet the insurance requirements to the same extent and in the same manner as herein provided to be furnished by the Contractor.

https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1638864

2.8 HAZARDOUS MATERIALS

Unless stated otherwise in the Technical Specifications, the Contractor shall be responsible for the removal of all hazardous wastes used or generated on the site under this contract.

2.9 INSURANCE

The Contractor shall procure and maintain at its own expense and without expense to the

JBPU, until final acceptance by the JBPU of the work covered by the contract, and covering the full periods covered by the contract, insurance for liability for damages of the kinds and in the amounts hereinafter provided. Said insurance shall be procured through insurance companies authorized by license to write insurance contracts in New York State and rated "A" or better by A.

M. Best Company, Inc. in Best's Key Rating Guide, and otherwise acceptable to the JBPU covering all operations under the contract whether performed by it or by subcontractors. Before commencing the work, the Contractor shall furnish to the JBPU a certificate or certificates of insurance in forms satisfactory to the JBPU showing that it has complied with this paragraph. The kinds and amounts of insurance are as follows:

COVERAGE LIMITS OF LIABILITY

1. Worker's Compensation

Including U S L & H

Statutory

2. Employer's Liability

Including: Owned, non-owned, hired

Including: Environmental Restoration

Endorsement

$1,000,000 occurrence

BI & PD Combined

3. Comprehensive Automobile Liability

Including: Owned, non-owned, hired

Including: Environmental Restoration

Endorsement

$1,000,000 each occurrence

BI & PD Combined

4. Comprehensive General Liability

Including: Premises & Operations;

X, C, U Coverage's;

Personal Injury Liability;

Completed Operations &

Product Liability;

Environmental Impairment Liability

$1,000,000 per occurrence, $2,000,000 aggregate, BI &

PD Combined

5. Umbrella Liability - First Layer $5,000,000 per occurrence

Notes: U S L & H - United States Longshoreman & Harbor Compensation Act

X - Explosion

C - Collapse

U - Underground

BI - Bodily Injury

PD - Property Damage

All policies of insurance for public liability as above provided shall name the Board of

Public Utilities and City of Jamestown as an additional insured and provide for a 30-day notice prior to cancellation. In the event that the Contractor fails to meet these requirements for the duration of the contract, the JBPU may continue the Contractor’s insurance or procure insurance protecting the interests of the JBPU at the expense of the Contractor.

THE FOLLOWING PARAGRAPH MUST BE TYPED ON THE CERTIFICATE OF

INSURANCE TO INDICATE THAT THE INSURANCE POLICIES INCLUDE THE

CONTRACTOR'S INDEMNIFICATION OBLIGATION:

"The Contractor shall indemnify, hold harmless and defend the Jamestown Board of Public Utilities of from any and all damages and liability by reason of personal injury, or property damage arising either directly or indirectly from the work to be performed under the terms of this contract."

Included with the Proposal the Person(s) shall supply either a certificate showing the meeting of the above levels of insurance, or a statement from its insurance agent that the above levels will be supplied.

If the Contractor proposes the furnishing of insurance levels lower than those indicated above, it shall be so stated and noted as an exception to the proposal. In making the exception the

Contractor shall indicate the cost of obtaining the limits requested herein, as a deduction to the base bid to arrive at the Contractor’s proposed levels. Where possible the Contractor shall supply as much detailed information including costs for various levels of insurance to allow complete evaluation of its proposal.

2.10 PATENTS

The Bidder agrees that it will, at its own expense, defend all suits or proceedings instituted against the JBPU and pay any award of damages assessed against the JBPU in such suits or proceedings, insofar as the same are based on any claim that the said apparatus or any part thereof constitutes an infringement of any patent of the United States, provided the JBPU gives to the

Bidder prompt notice in writing of the institution of the suit or proceeding and permits the Bidder through its Counsel to defend the same and give the Bidder all needed information, assistance, and authority to enable the Bidder so to do. In case such apparatus is in such suit held to constitute infringement and its use is enjoined, the Bidder, within a reasonable time, will either secure for the JBPU a license or will, at its own expense, replace such apparatus with non-infringing apparatus or modify it so that it becomes non-infringing or remove the said enjoined apparatus and refund the sums paid therefor. In the event any or all apparatus need be replaced, the replacing apparatus shall be to the satisfaction of the JBPU. The foregoing (patent indemnity) shall not apply to any apparatus furnished or specified by the JBPU and/or agents.

2.11 NO WAIVER OF LEGAL RIGHTS

Neither the inspection by the JBPU, nor by any of its duly authorized agents, nor any order, measurement, or certificate by the JBPU, or said agents nor any orders by the JBPU for the payment of money, nor any payment for, nor acceptance of, any work by the JBPU, nor any possession taken by the JBPU or its duly authorized agents, shall operate as a waiver of any provision of this Purchase Order, or of any power herein reserved to the JBPU, or any right to damage herein provided, nor shall any waiver of breach of this Purchase Order be held to be a waiver of any subsequent breach.

2.12 CONFLICTING TERMS

The terms of this Bid Specification shall be incorporated into any Purchase Order arising therefrom. If any conflict arises between these Specifications and a subsequent Purchase Order, the terms of the Purchase Order shall prevail.

2.13 USE OF BPU TOOLS AND EQUIPMENT

Unless specifically provided for in the Technical Specifications, the use of BPU tools and equipment in the performance of the work specified herein shall be prohibited. In the event that use of BPU tools or equipment is permitted under the Technical Specifications, the Contractor shall only allow individuals who have received the proper training to use the tools or equipment.

The Contractor shall indemnify and hold the BPU harmless from injury or accident caused as a result of the use of BPU tools or equipment.

FINANCIAL

3.0 INTENT AND MEANING OF SPECIFICATIONS

It is the intent and meaning of the specifications that the price bid is to include all expenses in connection with furnishing all materials, tools, or equipment to completely perform the items covered by the attached Technical Specifications, whether or not all items necessary for such complete assembly of the items of equipment are mentioned in these specifications.

3.1 PERFORMANCE GUARANTY

When designated as a requirement by Table 1, the Contractor shall furnish a Performance

Bond to the JBPU in the flat amount of Fifty Thousand and 00/100 Dollars ($50,000.00) as a guaranty that all work done under this contract will fully comply with the requirements of the plans and specifications. This bond shall be issued by a surety company authorized by license to do business in the State of New York, and the company issuing the bond shall be rated "A" or better by A. M. Best Company, Inc. in Best's Key Rating Guide. The Performance Bond shall guaranty the workmanship and materials required by the Bid Specifications and, if the Contractor uses subcontractors or material suppliers, the Performance Bond shall include a payment bond to guarantee the payment to subcontractors and material suppliers. The Performance Bond shall not expire earlier than six months after the expiration of the Contract, including all warranty periods.

3.2 TERMS OF PAYMENT

Payments on account of the work done by the Bidder will be made by the JBPU on monthly detailed invoices submitted by the Bidder and approved by the General Manager of the Board of

Public Utilities.

Ten percent (10%) of the amount of each invoice will be deducted and retained by the

JBPU pending final completion and acceptance of the work by the JBPU, including a lien search.

Invoices submitted on or before the eighth day of each calendar month will be paid on or before the 28th day of the same month providing the invoice is approved by the General Manager of the

Board of Public Utilities. The JBPU reserves the right to retain additional amounts equal to the value of mechanics liens properly filed. Said retained amounts shall be paid to the Bidder upon proof of release of mechanics liens.

Monthly invoices will not include any allowance for raw material delivered to the site of the work which has not been actually used in the progress of the construction of the work contemplated by these specifications unless agreed to by the Bidder and the JBPU. A partial payment of this Purchase Order will in no way signify the final approval of any portion of the work. Where a subscriber deployment is split into separate tasks (e.g., a drop installation and a premise installation), the Contractor may include the completed and accepted drop installation as a separate line-item on their monthly invoice if the corresponding premise installation is delayed due to property owner or tenant constraints.

Final payment of the Purchase Order price, including retained percentages, will be made after the regular Board meeting, normally the third or fourth Monday of the month, following the final acceptance of the work by the JBPU, the submission of the maintenance guarantee as required by these specifications and the furnishing by the Bidder of satisfactory releases of claims, liens, and claims for liens of sub Bidders, workmen, Bidders of material and equipment and all other persons and/or firms in any way performing service or furnishing labor, equipment, or materials to the Bidder in connection with the project covered by these specifications.

3.3 CHANGES IN WORK

In case it becomes necessary to perform extra work of a character not covered by this

Purchase Order, or the JBPU desires to omit some work specified in the work scope, it shall be done by the Bidder when so agreed upon by the JBPU and Bidder in writing in the form of a

Change Order. Extra work shall be paid for by the JBPU on the same basis as Purchase Order work. Omitted work shall be taken as a deduction against future payments.

3.4 INCIDENTAL WORK AT CONTRACTOR'S EXPENSE

All work to be done by the Contractor, specified or mentioned in the plans or specifications, as well as minor details of work not specifically mentioned but obviously necessary for the proper completion of the work, shall be considered as incidental, and as being a part of, and included in, the Contract. The Contractor will not be entitled to any extra or additional compensation for the same.

3.5 PURCHASER NOT LIABLE

Neither the JBPU, nor any agent, officer, nor representative thereof, shall be liable for, or be held to pay any money to the Bidder, except as herein provided; and the acceptance by the

Bidder of the final payment shall operate as and shall be a release to the JBPU, its officers, and agents, form all claims and liability to the Bidder for anything done, or furnished for, or relating to the work, or for any act or neglect of the JBPU or any person relating to or affecting the work.

3.6 ACCEPTANCE

Acceptance shall be made by the JBPU based on the compliance of the equipment with the specifications requirements, as determined by the General Manager. Compliance shall be judged by the results of test, operation and inspection.

The Bidder hereby agrees that the final inspection and acceptance of the work is to take place at the completion of the entire work under the Purchase Order, and that any inspection or acceptance of materials and workmanship at the mills, shops, or elsewhere, to facilitate the progress of the work shall not waive the JBPU's right to reject said materials or workmanship thereafter if same be found unsuitable or not in complete accord with the specifications.

3.7 CERTIFIED PAYROLL

The contractor and every sub-contractor shall keep original payrolls or transcripts thereof, subscribed and sworn to or affirmed by him or her as true under the penalties of perjury, setting forth the names and addresses and showing for each worker, laborer, or mechanic the hours and days worked, the occupations worked, the hourly wage rates paid and the supplements paid or provided. Where the contractor or sub-contractor maintains no regular place of business in New

York state and where the amount of the contract is in excess of twenty-five thousand dollars such payrolls shall be kept on the site of the work. All other contractors or sub-contractors shall produce within five days on the site of the work and upon formal order of the commissioner or his or her designated representative such original payrolls or transcripts thereof, subscribed and sworn to or affirmed by him or her as true under the penalties of perjury, as may be deemed necessary to adequately enforce the provisions of this article. Every contractor, and sub-contractor, shall submit to the BPU within thirty days after issuance of its first payroll, and every thirty days thereafter, a transcript of the original payroll record, as provided by this article, subscribed and sworn to or affirmed as true under the penalties of perjury.

3.8 HOURLY RATE DISPATCH AUTHORIZATION

1. It is understood that unique field scenarios or structural obstacles may occur that do not strictly fit into the defined per-unit scopes of work across Section 5.

2. In these instances, the Contractor may notify the BPU in advance that the assigned task falls outside the defined scopes of work and may submit a formal request to invoice the specific assignment at the hourly rates established in the Form of Proposal.

3. The Contractor must receive explicit written approval from the BPU designated representative before performing any hourly work. Work performed before the BPU has been informed, and before the BPU has approved the request in writing, shall be compensated strictly at the standard applicable unit prices and shall not be invoiced at an hourly rate.

3.9 CONTRACTOR-FURNISHED MATERIALS ON A COST-PLUS BASIS

1. The Contractor may request to provide specialty or unforeseen installation materials on a cost-plus basis to maximize efficiencies for the BPU.

2. All cost-plus material procurements must receive explicit written authorization from the

BPU in advance of installation.

3. For the purposes of invoicing, "Cost" shall mean the actual net dollar amount paid by the

Contractor to the supplier for the materials, net of all discounts, trade allowances, and volume rebates.

4. Every material charge submitted on a cost-plus basis must be accompanied by a legible, complete copy of the original supplier invoice. Invoices submitted without verifying supplier receipts shall be rejected from the monthly billing packet.

TABLE 1

FORMS TO BE COMPLETED BY CONTRACTOR

Document Required (Y /N) Provided

Bidder’s Federal Tax Identification Number: Yes _________

Form of Proposal Yes _________

Exceptions to Bid (list on “Form of Proposal”): Yes _________

Guaranty for Proposal Contract (Proposal Bond) Yes _________

-or-

Certified Check (if permitted in bid specifications) Yes _________

Statement of Surety related to Performance Bond Yes _________

Non-Collusive Bidding Certification (provide one)

(Corporation) Yes _________

(Individual or Partnership Yes _________

Acknowledgement of addendums (if any) Yes _________

Estimated Daily Capacity Statement (Table on Page 20) Yes _________

Contractor Qualifications Yes _________

Contract (at time of award) Yes _________

Insurance Certificate or Statement from Agent Yes _________

PURPOSE OF PRICING SCHEDUALS IN FORM OF PROPOSAL

Purpose of the Two Pricing Schedules

The respondent shall complete both Pricing Schedule A and Pricing Schedule B.

Schedule A is pricing with no guaranteed daily minimum.

Schedule B is pricing that depends on a guaranteed daily minimum.

The BPU’s goal is to compare the cost of the Project Work with no guaranteed minimum against the cost of the same Project Work with a guaranteed minimum, so BPU can see what a guarantee would save in unit prices and what it could cost on days of low volume.

The two schedules use the same labor units so that they can be compared line by line.

In both schedules, unit prices are for labor and Contractor-furnished hardware; the BPU furnishes the materials listed in Section 4.

For any drop longer than 150 feet, the 101 to 150 ft unit price is paid for the first 150 feet and the per-foot unit price is paid only for the footage beyond the first 150 feet.

FORM OF PROPOSAL

Board of Public Utilities Date

City of Jamestown, New York

Gentlemen:

The undersigned, a ____________________ (individual, partnership, corporation) represented by ________________________________ proposes to furnish all the necessary engineering, labor, materials, equipment, and technical supervision to perform Fiber Service

Drop Installation, Premise Installation and Subscriber Support performed within the BPU fiber service area in and around Jamestown, New York, required by the accompanying specification and will abide by all conditions embodied therein. These services shall be provided on a continuous basis for the Term period of 12 months, commencing upon the Effective date of the signed contract. The BPU at its sole discretion, will select Pricing Schedule A or Pricing

Schedule B.

Pricing Schedule A: No Guaranteed Daily Minimum

No daily minimum is guaranteed under this Schedule A. Contractor is paid only the unit prices below for Project Work completed and Accepted, regardless of the volume of work released on any day.

Labor Unit Labor Description Labor Detailed Description Unit of

Measure Price

SEAO-100 Aerial drop, up to 100 ft All labor to install an aerial drop from service terminal to premises, up to 100 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEAO-150 Aerial drop, 101 to

150 ft All labor to install an aerial drop from service terminal to premises, over 100 ft but not more than 150 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEAO-150+ Aerial drop, footage beyond 150 ft Additional labor for an aerial drop longer than

150 ft. Applies only to the footage beyond the first 150 ft and is paid in addition to SEAO-150.

Per foot $

Price

SEBO-100 Underground drop, up to 100 ft All labor to direct bury an underground drop at a minimum depth of 12 inches, from service terminal to premises, up to 100 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEBO-150 Underground drop, 101 to 150 ft All labor to direct bury an underground drop at a minimum depth of 12 inches, from service terminal to premises, over 100 ft but not more than 150 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEBO-150+ Underground drop, footage beyond 150 ft Additional labor to direct bury, at a minimum depth of 12 inches, an underground drop longer than 150 ft. Applies only to the footage beyond the first 150 ft and is paid in addition to SEBO-

150.

Per foot $

TEMP Temporary drop Labor to lay a temporary drop on the ground, including up to 2 fusion splices.

Per foot $

PULL Pull drop or tape Labor to pull drop, mule tape or jet string through conduit.

Per foot $

DS BORE Residential driveway or sidewalk bore All labor to bore underneath any residential driveway and/or sidewalk (non-complex, simple bore).

Per foot $

RBBI Premise installation All labor to perform the premise installation described in Section 2.2, including installing the pre-terminated fiber jumper from the NID into the premises by means of a wall penetration and connecting it to the ONU.

Each $

SUP-1 Support call, Monday to Saturday, 8 a.m. to

6 p.m.

Field visit dispatched by the BPU, including on-site troubleshooting and repair, as described in

Section 2.3. [Fixed price per response.]

Per response

SUP-2 Support call, other times Field visit dispatched by the BPU, including on-site troubleshooting and repair, as described in

Section 2.3, outside the hours above. [Fixed price per response.]

Per response

Estimated Daily Capacity. The respondent shall state the number of units of each install type it estimates it can complete per day at the unit prices in this Schedule A.

Install type Estimated units completed per crew per day

Number of crews available Estimated total units per day

Aerial drop installation

Underground drop installation

Premise installation

Pricing Schedule B: Pricing Based on a Guaranteed Daily Minimum

The unit prices in this Schedule B are offered on the condition that the BPU guarantees the daily minimum stated by the respondent below. The respondent shall state the daily minimum that must be guaranteed or paid in order to receive the pricing in this Schedule B.

Daily minimum required for Schedule B pricing Respondent’s entry Daily minimum amount that must be guaranteed or paid $ ____________ per day worked Basis of the daily minimum (per technician or per crew)

Number of technicians in a crew, if stated per crew

Number of technicians or crews to which the daily minimum would apply

The daily minimum covers the minimum daily labor cost when daily production falls below it. It applies only on days worked when the unit prices scheduled to be earned that day are less than the daily minimum (unless additional work comes in throughout the day which exceeds the daily minimum), in which case Contractor is paid the daily minimum in place of the unit prices earned that day. [The daily minimum does not apply on a day when the shortfall results from Contractor’s own staffing, scheduling or performance.]

Price

SEAO-100 Aerial drop, up to 100 ft All labor to install an aerial drop from service terminal to premises, up to 100 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEAO-150 Aerial drop, 101 to

150 ft All labor to install an aerial drop from service terminal to premises, over 100 ft but not more than 150 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEAO-150+ Aerial drop, footage beyond 150 ft Additional labor for an aerial drop longer than

150 ft. Applies only to the footage beyond the first 150 ft and is paid in addition to SEAO-150.

Per foot $

SEBO-100 Underground drop, up to 100 ft All labor to direct bury an underground drop at a minimum depth of 12 inches, from service terminal to premises, up to 100 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEBO-150 Underground drop, 101 to 150 ft All labor to direct bury an underground drop at a minimum depth of 12 inches, from service terminal to premises, over 100 ft but not more than 150 ft. Includes installation of the NID and up to 2 fusion splices.

Each $

SEBO-150+ Underground drop, footage beyond 150 ft Additional labor to direct bury, at a minimum depth of 12 inches, an underground drop longer than 150 ft. Applies only to the footage beyond the first 150 ft and is paid in addition to SEBO-

150.

Per foot $

TEMP Temporary drop Labor to lay a temporary drop on the ground, including up to 2 fusion splices.

Per foot $

PULL Pull drop or tape Labor to pull drop, mule tape or jet string through conduit.

Per foot $

DS BORE Residential driveway or sidewalk bore All labor to bore underneath any residential driveway and/or sidewalk (non-complex, simple bore).

Per foot $

Price

RBBI Premise installation All labor to perform the premise installation described in Section 2.2, including installing the pre-terminated fiber jumper from the NID into the premises by means of a wall penetration and connecting it to the ONU.

Each $

SUP-1 Support call, Monday to Saturday, 8 a.m. to

6 p.m.

Field visit dispatched by the BPU, including on-site troubleshooting and repair, as described in

Section 2.3. [Fixed price per response.]

Per response

SUP-2 Support call, other times Field visit dispatched by the BPU, including on-site troubleshooting and repair, as described in

Section 2.3, outside the hours above. [Fixed price per response.]

Per response

Work Outside the Defined Scopes of Work; Hourly Rates

It is understood that there may be unique situations that do not strictly fit into the scope of work.

In these instances, Contractor may elect to inform the BPU that the work falls outside the defined scopes of work and may request to invoice that work at an hourly rate. Contractor must inform the

BPU in advance of the work being performed. Work that is performed before the BPU has been informed, and before the BPU has approved the request in writing, will be paid only at the applicable unit prices, if any, and may not be invoiced at an hourly rate.

The respondent shall state the hourly rate it would charge for each of the following. These rates apply under both Pricing Schedule A and Pricing Schedule B.

Labor category Hourly rate Engineering/Design $ ____________ per hour Drop Technician $ ____________ per hour Premise Install Technician $ ____________ per hour Support Technician $ ____________ per hour

Contractor-Furnished Materials on a Cost-Plus Basis

Contractor may request to provide materials on a cost-plus basis to maximize efficiencies for the

BPU and Contractor. In such a case, and with the BPU’s approval in advance, Contractor would provide the materials at Contractor’s cost plus the percentage stated by the respondent below.

[Cost means the amount actually paid by Contractor for the materials, net of discounts and rebates, as shown on the supplier’s invoice, a copy of which shall accompany Contractor’s invoice.]

Materials provided by Contractor Respondent’s entry Percentage charged in addition to the cost of the materials Cost plus ________ %

"We (I) can start providing such services within ____________________ calendar days following the Effective Date of the signed contract.".

We (I) the undersigned declare that we (I) have carefully examined the specifications and will fully comply with the requirements of the specifications except as noted below (list all exceptions taken and provide additional pages if necessary):

#1 Section: _____ Page: _____ Paragraph: _____ Description of exception

(include proposed substitution): __________________________________________________

#2 Section: _____ Page: _____ Paragraph: _____ Description of exception

#3 Section: _____ Page: _____ Paragraph: _____ Description of exception

#4 Section: _____ Page: _____ Paragraph: _____ Description of exception

#5 Section: _____ Page: _____ Paragraph: _____ Description of exception

The above proposal is based on the receipt of bulletin(s) No.(s) ___________________, By: ___________________________________, _______________________________

(Signature of Bidder’s Representative) (Print Name)

Title: ____________________________________, Date________________________

GUARANTY FOR PROPOSAL CONTRACT (PROPOSAL BOND)

KNOW ALL MEN BY THESE PRESENTS, that we __________________, a corporation organized and having principal offices at ________________________ are held and firmly bound unto the Board of Public Utilities of the City of Jamestown, New York, in the penal sum of $ _ Twenty-Five Thousand and 00/100 Dollars ( $25,000.00____________), lawful money of the United States of America, to be paid to Board of Public Utilities of the City of

Jamestown, New York or to its certain attorneys, successors, or assigns; for which payment will and truly to be made we bind ourselves, our successors, and assigns, jointly and severally by these presents.

WHEREAS __________________________ has presented a proposal to the Board of

Public Utilities, of the City of Jamestown, New York on the foregoing proposal sheets.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the said proposal, herewith accompanying, dated ____________________ be accepted as to any or all of the items offered, and if within ten (10) days after notice of such acceptance, said Person shall enter into contract with the Board of Public Utilities, of the City of Jamestown, New York and shall furnish a bond with good and acceptable sureties, as required, then this obligation shall be void and of no effect;

otherwise, it shall remain in full force and virtue.

IN WITNESS WHEREOF, the ____________________ has caused its corporate seal to be hereto affixed this ____________________ day of _______, and these presents to be signed by its _______________________________ pursuant to a resolution of its

________________________ passed on the ______________ day of ______________, ________ A.D., a certified copy of which resolution is hereto attached.

ATTESTS:

STATEMENT OF SURETY

Regarding Performance Bond

Having examined the "General Provisions" and "Technical Specification", and the proposal of _______________________________________ hereto attached, we hereby declare that, if said proposal or any part thereof be accepted, we are willing to be bound with said

Person(s) in the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), conditioned upon the faithful and satisfactory performance of all the obligations and requirements of the Contract.

Surety

Address

By

As

NON-COLLUSIVE BIDDING CERTIFICATION

(Corporation)

By submission of this proposal, each person signing on behalf of any Person certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury that to the best of their knowledge and belief:

1) The prices of this proposal 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.

The person signing this bid or proposal certifies that they have fully informed themselves regarding the accuracy of the statements contained in this certification and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf.

IN WITNESS WHEREOF, the undersigned corporation has caused its corporate seal to be hereto affixed, and these presents to be signed by its duly authorized officer, this day of , _______.

(Name of Corporation)

(Corporate Seal)

(Title of Officer Executing)

NON-COLLUSIVE BIDDING CERTIFICATION

(Individual or Partnership)

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 their knowledge and belief:

1) The prices of this bid have…