Franklin County MIP3 - Musco Pole and Related Wireless and Network Infrastructure.RFB.26.0727-01 - Part 1.pdf

FRANKLIN COUNTY

REQUEST FOR BID (RFB)

PROPOSALS FOR MUSCO POLE INSTALLATION

RFB #:26-0727-1

RFB DATE: July 06, 2026

DUE DATE: July 27, 2026 AT 3:00 PM

PURCHASING DEPARTMENT

355 WEST MAIN ST.

SUITE 456

MALONE, NY 12953

INQUIRIES AND BIDS SHOULD BE DIRECTED TO:

MARK FUENTES: mip3franklincounty@consertus.com mailto:mip3franklincounty@consertus.com

1. ADVERTISEMENT FOR BIDS

355 WEST MAIN ST.

MALONE, NEW YORK 12953

PH: (518) 481-1500

Notice to Bidders

Procurement ID:

Franklin County is issuing this Turnkey Request for Bids (RFB) for a fixed-price contract to construct and install

Musco Poles. The scope of work includes delivery acceptance and installation of the following: pole foundation, pole and associated hardware, aperture, climbing hardware, and stacking. The Musco Pole will be delivered to the

Franklin County DPW yard, and the Contractor is responsible for unloading and handling the pole upon delivery there and transporting it to each site. No other equipment unloading or handling is included in this scope.

The Musco Pole listed in Exhibit 1 will be delivered by the County to the DPW yard. All other labor and materials shall be provided by the Contractor to complete the pole installation. The Contractor shall furnish all labor, equipment, and materials necessary for the unloading and placement of the pole in accordance with industry standards and project specifications.

Important Dates:

July 10, 2026 by 3pm: Question Period Closes

No questions will be accepted after this date. Answers to questions will be provided as soon as possible, but no later than 3 days prior to the bid due date. Answers will be provided to all prospective bidders who have downloaded the bid package for this project from Franklin County’s website. An email notification will be sent that informs bidders that new information has been posted to Franklin County’s website and is available for review and download.

All questions must be submitted via email to mip3franklincounty@consertus.com and include the subject line

Franklin CO - MIP 3 – Musco Pole Solicitation, RFB # 26-0727-1 Questions.

July 27, 2026 at 3pm: Sealed Bids Due

Sealed Bids will be accepted at Franklin County, Purchasing Department, 355 West Main St, Suite 456, Malone, NY

12953 until 3pm on July 27, 2026, at which time they will be publicly opened and read.

Primary Point of Contact: Pursuant to the Procurement Lobbying Law, Franklin County has designated one person who may be contacted by Bidders regarding this procurement. All questions regarding this procurement opportunity should be emailed to:

Donna Kissane

Franklin County Manager

Email: Donna.Kissane@franklincountyny.gov

Awards will be made to the lowest responsible bidder as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, supplies or services to be furnished, conformity with specifications, all for the purpose for which they are required and the terms of delivery of the materials or services for the installation of the Musco Poles, as this approach best promotes the public interest. Evaluation will consider the reliability and experience of the contractor, quality of workmanship, compliance with technical specifications, ability to meet project timelines, and overall approach to safety and restoration. The award may be made in whole or in part mailto:mip3franklincounty@consertus.com based on the information provided in the Bid. Complete details on the scope of the Musco pole installation, technical requirements, and other conditions can be downloaded from Franklin County’s website at https://www.franklincountyny.gov/business/purchasing_bids.php by clicking on the bid name.

Due to the proprietary nature of the Musco Lighting LLC communications-structure system being furnished for this

Project, the entity performing the Musco pole installation work must be listed on the manufacturer’s approved vendor list for installation of the specified Musco system.

This RFB will be advertised in The New York State Contract Reporter and posted on Franklin County’s website at https://www.franklincountyny.gov/business/purchasing_bids.php in accordance with Franklin County Purchasing

Policy Appendix C(b).

Franklin County reserves the right to reject any or all Bids received or to award partial Bids to more than one

Bidder.

2. OVERVIEW

Franklin County was awarded a New York State Municipal Infrastructure Program (MIP) grant through the

ConnectAll Office to construct a broadband network throughout Franklin County to serve unserved and underserved areas. This RFB pertains exclusively to MIP Phase 3, which consists of a hybrid fiber optic/fixed-wireless design to serve the northern portion of the County.

Franklin County is soliciting Bids for the installation of (4) Musco Poles. The Musco Poles will be delivered to the

County DPW yard, and the Contractor shall unload them and transport them from that location to each site. The selected contractor will provide all labor, equipment, and materials necessary for the pole installation in accordance with industry standards, project specifications, and related construction drawings.

Bids must be submitted in hard copy format, delivered in a sealed envelope, and received by Franklin County at the location and time specified in Section 1 (Advertisement for Bids). Submissions will be publicly opened and read at that time.

This Project is funded through the New York State ConnectAll Municipal Infrastructure Program

Using Capital Projects Fund (CPF) monies administered by Empire State Development (ESD). All contractors and subcontractors shall comply with all applicable federal, state, and program-specific requirements, including 2 CFR

Part 200 and the New York State WIRED Broadband Act. All awards are subject to approval and controls by

ConnectAll and Empire State Development (ESD).

3. INSTRUCTIONS TO BIDDERS

The following is important information relative to this RFB and is provided to assist you in the development of your Bid response:

3.1 BID SUBMISSION. Bids must be received at Franklin County, Purchasing Department, 355 West Main St., Suite 456, Malone, NY 12953 no later than the date and time stated in Section 1

(Advertisement for Bids). Bids shall be submitted in a sealed envelope marked with “FRANKLIN COUNTY

NY MIP 3 Musco Pole Solicitation, RFB #26-0727-1” and the words “SEALED BID” written on the outside of the envelope. If delivered by mail or courier, such an envelope should be placed within the addressed envelope, which should be marked “BID DOCUMENTS ENCLOSED”. Bids submitted by Fax or email will not be accepted.

3.2 BIDDER’S CHECKLIST. “Bidder’s Checklist” (included in Exhibit 6) is provided to assist the Bidder in submitting a complete Bid Package. The Bidder must submit “Bidder’s Checklist” with their submittal. The Bidder must complete and sign all the documents included in the Appendices to this RFB. The https://www.franklincountyny.gov/business/purchasing_bids.php

Bidder must submit all required documents listed on the Bidder’s Checklist. Failure to submit a complete Bid package may result in disqualification.

3.3 DELAYS. Bidders are responsible for timely delivery of their Bid to Franklin County. All

Bids not received at the location and time specified in Section 1 “Advertisement for Bids” will not be considered and will be returned unopened. Delays in United States mail, FedEx, UPS or other carriers’ deliveries or any other means of transmittal of Bids, including, but not limited to, couriers or agents of the

Bidder or otherwise shall not excuse a late Bid submission. For purposes of Bid openings, the term late Bid means a Bid not received in the location established in the Procurement Documents at or before the date and time specified for the Bid to be received by Franklin County.

3.4 BID CONTENTS. Bids must be complete, legible, signed and dated by the authorized representative of the Bidder, who must provide all the information required on all Forms attached hereto. All information required by the Procurement Documents must be supplied by the Bidder on the forms or in the format specified. No alteration, erasure or addition is to be made to the Procurement Documents. Changes to any typed portions of the RFB or Appendices shall be ignored by Franklin County and may be grounds for rejection of the Bid. Changes, corrections and/or use of white-out in the Bid or Bidder’s response portion of the Procurement Document must be initialed by an authorized representative of the Bidder. Bidders are cautioned to verify their Bids before submission, as amendments to Bids or requests for withdrawal of Bids received by Franklin County after the time specified for the Bid opening may not be considered. Please note that Franklin County may access contract pricing available through New York State contracts. If some of your Products included to be supplied in connection with the Services included in your Bid are offered through this source, please provide the applicable pricing and contract number. This does not preclude you from offering special pricing or from submitting a Bid.

3.5 BID LIFE. Franklin County reserves the right to make awards within Forty Five (45) days after the date of Bid opening, during which period bids must remain firm and cannot be withdrawn. If an award is not made within the Forty Five (45) day period, bids shall remain firm until either a Contract is awarded or the Bidder delivers written notice of withdrawal to Franklin County. Any Bid which states that acceptance must be made within a shorter time may, at the sole discretion of Franklin County, be accepted or rejected. Any Bid may be withdrawn prior to the scheduled deadline for receipt of Bids or any authorized postponement thereof. The winning Bidder shall keep its Bid open on a month-to-month basis for a period of twelve (12) months from award or December 31, 2026, whichever is greater. This Bid validity period applies solely to pricing and award timing and does not modify or extend the Contractor’s performance deadline established in Section 3.1.

If, at any time during the term of this Contract, the successful Bidder also holds a State contract or any other contract legally available to the County, the County reserves the right to purchase from such contract(s), and the vendor agrees to supply goods in accordance with the applicable contract terms. The County also reserves the right to purchase materials under any New York State county contract available to the County.

3.6 TAXES. Purchases made by Franklin County are exempt from New York State and local sales taxes and, with certain exceptions, federal excise taxes. To satisfy the requirements of the New York

State Sales tax exemption, either the Purchase Order issued by Franklin County or the invoice forwarded to authorize payment for such purchases will be sufficient evidence that the sale by the Contractor was made to

Franklin County, an exempt organization under Section 1116 (a) (1) of the Tax Law. No person, firm or corporation is, however, exempt from paying the State Truck Mileage and Unemployment Insurance or

Federal Social Security taxes, which remain the sole responsibility of the Bidder.

The quoted prices in Exhibit 4 “Price Form” shall include all taxes applicable to the transaction.

3.7 BUILD AMERICA, BUY AMERICA COMPLIANCE (waiver). Because the MIP Projects are covered under a federal waiver of the Build America, Buy America Act (BABA), the requirements of BABA shall not apply to materials, equipment, or goods procured or installed under this Contract. Contractor shall, when feasible, utilize domestically produced materials; however, such preference shall not be interpreted as a mandatory compliance requirement, nor shall non-BABA materials be grounds for rejection of work or materials.

Contractor shall provide manufacturer data sheets for all materials proposed for use so the County may maintain appropriate documentation of material origin for federal audit purposes. Franklin County acknowledges a strong domestic procurement preference. Contractors shall not propose, furnish, or install equipment or services sourced from entities owned or controlled by the government of China or otherwise prohibited.

3.8 EQUIVALENCY. In submitting a Bid, the Bidder agrees to provide the Commodities, goods and services consistent with the Specifications. Where a brand name or equivalent specification is used in this RFB, its use is to describe the standard of quality performance and characteristics desired and is not intended to limit or restrict competition. Where an equivalent item to that specified is proposed, the Bid must be accompanied by full specifications and a narrative description of the nature of the item proposed as an “equivalent”, setting forth how the item is equivalent to that specified by Franklin County. Any substitutions for equivalent part numbers require the written approval of Franklin County and may be accepted at the sole discretion of Franklin County. The Bidder must provide Samples for any substitutes at Franklin County's request. Requests for substitution must be included in the

"Exceptions Deviations" in Exhibit 4.

3.9 AWARD. The Bid will be awarded to the Lowest Responsible Bidder meeting the Specifications or providing acceptable deviation or equivalency (see item 3.9). Franklin County reserves the right to award this Bid in whole or in part to a single Bidder or to multiple Bidders if deemed to be in Franklin County’s best interest. Franklin

County reserves the right to reject any or all Bids deemed not to be in the best interest of Franklin County at the sole discretion of Franklin County. A Notice of Award will be issued by Franklin County to the successful Bidder. If two or more Bidders submit identical bids as to price, the decision of Franklin County to award a Contract to one of such

Bidder shall be final. The Contract awarded shall be deemed executory to the extent of the monies appropriated and available for the purpose of the Contract, and no liability on account thereof shall be incurred beyond the amount of such monies notwithstanding anything to the contrary. It is understood that neither this RFB nor any representation by any public employee, office or representative thereof creates any legal or moral obligation to request, appropriate or make available monies for the purpose of a Contract. The Notice of Award, the Contract and any Purchase Orders thereunder shall be the agreement between Franklin County and the successful Bidder with respect to the matters dealt with herein, and such shall supersede all other oral and written Bids, representations, understandings, and agreements previously made or existing “with respect to” any such matter.

3.10 IRREGULARITIES. It shall be the responsibility of each Bidder to call to the attention of Franklin County to any apparent discrepancy in the Specifications or any question of interpretation thereof. Failure to do so constitutes acceptance as written. The apparent silence of the Specification as to any details or the omission from it of a detailed description concerning any part shall be interpreted as meaning that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. Franklin County shall have the right to waive any technical defect, qualification, omission, informality, or irregularity in any Bid received if, in its judgment, the best interest of Franklin County shall thereby be served. Franklin County reserves the right to

“Revise” or “Amend” the Specification prior to the Bid opening date by “Written Addenda.” Franklin County will email Written Addenda to all potential Bidders who have downloaded the RFB from Franklin County’s website and will include such Addenda in the RFB located on Franklin County’s website.

3.11 EXPENSES PRIOR TO CONTRACT EXECUTION. Franklin County or its designees are not liable for any costs, charges or expenses incurred by a Bidder in the preparation and production of a Bid or for any work performed prior to, or outside the scope of, an executed Contract.

3.12 ADVERTISING BID RESULTS. A Bidder in submitting a Bid agrees not to use the results there from as a part of any commercial advertising without the prior written approval of Franklin County, in its sole discretion.

3.13 LEGAL REQUIREMENTS. Provisions, requirements, and clauses required by Law to be inserted in this

RFB, including but not limited to those set forth in Exhibit 8 (General Conditions) and Exhibit 9 (Federal Award

Required Provisions), are hereby deemed incorporated and made a part of this RFB and shall be read and enforced as though they were expressly included herein. Exhibit 9 sets forth the contract provisions required by 2 CFR Part

200, Appendix II for federally-funded procurements, including without limitation Equal Employment Opportunity, Davis-Bacon Act and Copeland Anti-Kickback Act (where applicable), Contract Work Hours and Safety Standards

Act, Rights to Inventions, Clean Air Act and Federal Water Pollution Control Act, Debarment and Suspension certification, Byrd Anti-Lobbying Amendment, Procurement of Recovered Materials, and Domestic Preferences.

The Contract shall incorporate and expressly include the Procurement Documents as if fully set forth therein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, in any subsequent

Contract, the Contract shall be amended to make such insertion.

3.14 INDEMNIFICATION. The successful Bidder agrees to defend, indemnify, and hold harmless Franklin

County its officers, agents, or employees for any and all claims arising from or relating to its performance of this

Bid or any Contract. ESD shall be named as additional insureds for ongoing and completed operations under

Commercial General Liability and Umbrella Insurance policies. Coverage afforded to these additional insureds will be primary and non-contributory with any other insurance available to such additional insureds, whether such insurance is on a primary, excess, umbrella, or contingent basis. Additional insured coverage for ongoing and completed operations and shall be provided on ISO endorsement forms CG 20 10 and CG 20 37. The recipient will provide additional insured coverage to the fullest extent permitted by applicable law. This insurance shall contain an endorsement waiving all rights of subrogation against ESD.

3.15 VENUES AND DISPUTES. The exclusive means of disposing of any dispute arising under a contract with

Authority, which is not disposed of by mutual agreement, shall be decided in a New York State Court of competent jurisdiction located within Franklin County, New York, and the Laws of the State of New York shall apply without regard to provisions governing conflicts of law to the extent such principles would result in the application of the

Laws of any other jurisdiction.

3.16 SHIPPING. N/A.

3.17 TERM OF CONTRACT SERVICES. Unless otherwise specified in the Contract, all services requested in conjunction with this RFB shall be completed within 120 days of the Bidder receiving an approved Purchase Order from Franklin County, and the services will be deemed completed when they have been inspected and approved by

Authority personnel.

3.18 ASSIGNMENT OF AGREEMENT. Pursuant to the provisions of Section 109 of the General Municipal

Law, no Bidder to whom a Contract is granted or awarded, shall assign, transfer, convey, subcontract, encumber or otherwise dispose of all or part of said Contract, or of the right, title, and interest therein, including the performance of the Contract or the right to receive monies due, or to become due, or of the power to execute the Contract without the prior written consent of Franklin County in its sole discretion.

3.19 AUDIT. Franklin County, or its duly authorized agent, shall have access to and copies of the Bidder’s records, including any books, computer tapes, disks or programs, or material pertaining to Work performed under the Contract, at no cost to Franklin County, to determine and verify the compliance with all contractual conditions.

Franklin County shall be granted access to such records at all reasonable times during the contract period and for three (3) years thereafter.

3.20 WARRANTY. In providing goods and/or services pursuant to this Contract, the Seller agrees to be bound by all warranties required by New York State law, including but not limited to the implied warranty of merchantability, which provides that a product is fit for its ordinary purpose and meets a minimum standard of quality when sold by a merchant.

In addition to any manufacturer warranties provided with the goods furnished under this RFB, the Seller shall warrant all materials, workmanship, and installation performed under this Contract for a period of one (1) year from the date of Final Acceptance by Franklin County. During this warranty period, the Seller shall, at no additional cost to the County, correct or replace any defective work, materials, or equipment found to be not in compliance with the Contract requirements or industry standards.

Bidders shall provide details of the manufacturer’s warranty for all goods included in their Bid, including duration, coverage, and any applicable conditions or exclusions.

AUDIT, INSPECTION, AND RECORD ACCESS

The Contractor and all subcontractors shall maintain complete, accurate, and auditable books, records, documents, payrolls, invoices, contracts, subcontracts, correspondence, certifications, and other materials

(collectively, “Records”) relating to the performance of the Work.

Such Records shall be made available at no cost and upon reasonable notice for inspection, examination, copying, and audit by:

(a) Franklin County;

(b) the New York State Department of Labor (“DOL”);

(c) Empire State Development d/b/a the New York State ConnectALL Office (“ESD”);

(d) the New York State Department of Economic Development;

(e) the New York State Office of the State Comptroller;

(f) the U.S. Department of the Treasury; and

(g) any other federal, state, or local agency having jurisdiction or audit authority over the Project or funding source.

PREVAILING WAGE AUDIT AND ENFORCEMENT

(PRC# 202611916 https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1616832)

The prevailing wage class that should be used is Teledata, specifically rates that were in place prior to July 1, 2025.

The Contractor acknowledges that the Project is subject to New York State Labor Law prevailing wage requirements. The Contractor and all subcontractors shall maintain certified payroll records, wage schedules, fringe benefit documentation, and workforce utilization data as required by law.

The New York State Department of Labor shall have the right, at any time during the Work and thereafter, to audit, investigate, and examine payroll records and employment practices, including on‑site interviews of workers.

Failure to produce required records or cooperate with a DOL audit shall constitute a material breach of the Contract and may result in withholding of payments, termination for cause, assessment of penalties, and/or referral https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1616832 for enforcement.

3.21 VENDOR RESPONSIBILITY QUESTIONNAIRE. The Bidder shall complete a Vendor Responsibility

Questionnaire. The Vendor Responsibility Questionnaire can also be downloaded from Franklin County’s website at https://www.franklincountyny.gov/business/purchasing_bids.php . The Bidder shall also submit with its Bid a certification, signed by an authorized representative of the Bidder, that neither the Bidder nor any principal of the

Bidder is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, in accordance with 2 CFR Part 180 and

Executive Orders 12549 and 12689. Franklin County will independently verify each Bidder’s status through

SAM.gov prior to award. If so requested, the Bidder shall furnish Franklin County a sworn and notarized financial statement.

3.22 AUTHORIZATION. The Bidder hereby certifies that the undersigned has full and complete authority to execute this bid and agreement and bind the Bidder thereto and to the Contract if awarded.

3.23 DEBRIEFING. A debriefing is available to any Bidder that submitted a Bid in response to this RFB. A

Bidder will be accorded fair and equal treatment with respect to its opportunity for debriefing. Debriefing shall be requested in writing by the unsuccessful Bidder within fifteen business days of Franklin County notifying the unsuccessful Bidders that another vendor was selected. Unsuccessful Bidder shall address all requests for a debriefing to the Primary Point of Contact listed in this RFB.

3.24 STANDARD TERMS, CONDITIONS, AND MANDATORY CLAUSES. The successful Bidder will be required to enter into a Contract with Franklin County that shall, among other things, include the Standard Terms, Conditions and Mandatory Clauses as described in Exhibit 8, which is attached to this RFB. A form of the Contract to be signed after the successful Bidder receives the Notice of Award is attached to this RFB as Exhibit 3, with such changes as required by Franklin County and/or its counsel Franklin County will prepare the Contract in final form and will incorporate any necessary changes and additions before it shall be executed by the successful Bidder after a written Notice of Award and provided the and insurance certificates are satisfactory to Franklin County and/or its counsel.

3.25 RECORD DISCLOSURE/ CONFIDENTIALITY OF BIDDERS PROPRIETARY RECORDS.

Bidders may preserve Proprietary rights as to their confidential or business process information only in accordance with procedures established under NYS Public Officers Law, § 89.

3.26 PRODUCT REFERENCES

a. “Or Equal”. In all Specifications the words “or equal” are understood to apply where a copyright brand name, trade name, catalog reference, or patented product is referenced. References to such specific product are intended as descriptive, not restrictive, unless otherwise stated. Comparable product will be considered if proof of compatibility is provided, including appropriate catalog excerpts, descriptive literature, specifications and test data, etc. Franklin County’s decision as to acceptance of the product as equal shall be final.

b. Discrepancies in References. In the event of a discrepancy between the model number referenced in the Specifications and the written description of the products therein which cannot be reconciled, with respect to such discrepancy, then the written description shall prevail.

3.27 RECYCLED OR RECOVERED MATERIALS. Upon the conditions specified in the Specifications and in accordance with the Laws of the State of New York and the Contract Documents, Contractors are encouraged to use recycled or recovered materials in the manufacture of products and packaging to the maximum extent practicable without jeopardizing the performance or intended end use of the product or packaging unless such use is precluded due to health, welfare, safety requirements or in the Specifications. Where such use is not practical, suitable, or permitted by the Specifications or Contract Documents, Contractor shall deliver new materials in accordance with the “Warranty"

Refurbished or remanufactured Products, components or items may only be accepted at the discretion of Franklin

County, or upon the conditions set forth in the Specifications or Contract Documents.

Items with recycled, recovered, refurbished or remanufactured content must be identified in the Bid or will be deemed new Product.

3.28 PRODUCTS MANUFACTURED IN PUBLIC INSTITUTIONS. Bids offering Products which are manufactured or produced in public institutions will be rejected.

3.29 PRICING.

a. Using the “Price Form” (See Exhibit 4), the Bidder shall enter the unit price for each site and item listed in the embedded worksheet titled “Unit Price Form.” The Bidder shall provide unit prices and extended totals in decimal format (up to four decimal places) for each item. In the event of a discrepancy between the unit price and the extended total, the unit price shall govern unless, in the sole judgment of

Franklin County, the unit price is clearly erroneous.

b. Net Pricing Unless otherwise required by the Specifications, prices shall be net, including transportation, customs, tariff, delivery, and other charges fully prepaid by the Contractor to the destination(s) indicated in the Specifications, subject to the cash discount.

c. “No Charge” Bid When Bids are requested on a number of Commodities as a group or Lot, a

Bidder desiring to Bid “no charge” on a Commodity in the grouping or Lot must clearly indicate such.

Otherwise, such Bid may be considered incomplete and be rejected, in whole or in part, at the discretion of

Franklin County.

d. COPS or Third-Party Financing. If Commodity acquisitions are financed through Certificates of

Participation (COPS) or any other third-party financing, Contractor may be required as a condition of

Contract award to agree to the terms and conditions of a “Consent & Acknowledgment Agreement” in a form acceptable to Franklin County.

3.30 DRAWINGS.

Drawings Submitted With Bid. When the Specifications attached to this RFB as Exhibit 2 require the Bidder to furnish drawings, plans, or specifications sheets, such drawings shall conform to the mandates of the Procurement

Documents and shall, when approved by Franklin County, be considered a part of the Bid and of any resulting

Contract. All symbols and other representations appearing on the drawings shall be considered a part of the drawing.

3.31 SAMPLES.

a. Standard Samples. Specifications may indicate that the Commodity to be purchased in connection with the Work must be equal to a standard. Franklin County may require a sample to be provided.

b. Bidder Supplied Samples. Franklin County reserves the right to request from the Bidder a representative sample(s) of the Commodity offered at any time prior to or after award of a Contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Commodity and a statement indicating how and where the sample is to be returned.

Where applicable, samples must be properly labeled with the appropriate Bid or contract reference.

A sample may be held by Franklin County or its designee during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct Franklin County as to the return of the sample (i.e. mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

c. Enhanced Samples. When an approved sample exceeds the minimum Specifications, all

Commodities delivered must be of the same enhanced quality and identity as the sample. Thereafter, in the event of a Contractor’s default, Franklin County may procure a commodity substantially equal to the enhanced sample from other sources, charging the Contractor for any additional costs incurred.

d. Conformance with Sample(s). Submission of a sample (whether or not such sample is tested by, or for, Franklin County) and approval thereof shall not relieve the Contractor from full compliance with all conditions and terms, performance-related and otherwise specified in the Procurement Documents. If in the judgment of Franklin County, the sample or product submitted is not in accordance with the Specifications or testing requirements prescribed in the Procurement Documents, Franklin County may reject the Bid. If an award has been made, Franklin County may cancel the Contract at the expense of the Contractor.

e. Testing. All samples are subject to tests in the manner and place designated by Franklin County, either prior to or after Contract award. Unless otherwise stated in the Specifications, Bidder Samples consumed or rendered useless by testing will not be returned to the Bidder.

3.32 PERMITS AND EASEMENTS. Franklin County will obtain all permanent easements required to place the

Musco Poles and related pathway facilities. Franklin County will be the permit applicant of record for required governmental permits unless otherwise specified. The Contractor shall provide all technical support, drawings, and schedule information reasonably required for permit applications and shall comply with all permit conditions.

3.33 PERMIT FEES.

Unless otherwise specified, permit fees shall be reimbursable to the Contractor at cost without markup, where the Contractor is required to pay such fees on the County’s behalf and provides supporting documentation

4. SCOPE OF SERVICES

This Request for Bids (RFB) includes the installation of four (4) Musco Communications‐Structure System™ monopoles at multiple sites within Franklin County, and the unloading and handling of related equipment delivered to the Franklin County DPW yard. The intent of this RFB is the delivery of a complete, properly installed monopole structure at each site, ready for subsequent installation of wireless and network equipment under a separate contract.

The Bidder is responsible for all labor, equipment, materials, and services required to complete the pole installation and equipment unloading, except for those items expressly identified as Owner‐Furnished Materials in Exhibit 1.

PURPOSE OF REQUEST FOR BIDS

Franklin County is soliciting sealed bids from qualified contractors for the turnkey installation of Musco Pole monopole structures, including:

• Monopole foundations and erection

• Unloading and handling of the Musco Pole (Owner‐Furnished Material) upon delivery to the Franklin

County DPW yard

• Grounding systems and electric utility readiness (conduit stub‐out only)

• Traffic control within public right‐of‐way

• Installation documentation and QA readiness

Franklin County will furnish only those materials expressly identified as Owner‐Furnished Materials in Exhibit 1.

The selected Contractor shall furnish all remaining labor, materials, tools, equipment, and services required to deliver a complete, installed, and QA‐ready monopole structure at each site.

PROJECT SITES AND RIGHT‐OF‐WAY CONDITIONS

Work shall be performed on or around the following locations (Exact coordinates are located in the construction documents):

A. Burns–Holden

476 Burns‐Holden Road, Fort Covington, NY 12937

Municipality: Town of Fort Covington

B. Trout River

1227–1021 County Highway 20, Constable, NY 12926

Municipality: Town of Constable

C. Stebbins

26 Stebbins Road, Constable, NY 12926

Municipality: Town of Constable

D. Little Briggs

123 Little Briggs Street, Constable, NY 12926

Municipality: Town of Westville

All monopoles and associated work under this contract shall be installed within the Franklin County public right‐of‐ way. The Contractor shall maintain safe vehicular and pedestrian passage at all times and comply with all roadways, public safety, and right‐of‐way requirements.

DESCRIPTION OF WORK – COMMUNICATIONS STRUCTURES

At each site, the Contractor shall install:

• One (1) 95‐foot Musco galvanized tapered steel monopole

• One (1) precast concrete base foundation

• Climbing facilities, mounts, handholds, and structural accessories

• Integrated grounding connections

Work shall be performed in accordance with Musco drawings, site‐specific Construction Documents, and

ANSI/TIA‐222‐H.

OWNER‐FURNISHED MATERIALS

Franklin County shall furnish only the Musco Pole (Owner‐Furnished Material), which will be delivered to the

Franklin County DPW yard. No other materials or equipment will be furnished by the County under this RFB.

The Contractor is responsible for unloading, handling, protecting, transporting, assembling, and installing the Musco

Pole (Owner‐Furnished Material) upon delivery to the Franklin County DPW yard.

The Contractor, before installation of any materials, shall examine the materials which are to be applied and shall notify the Construction Administrator in writing of all defects which would affect the quality and appearance of the

Work applied in place.

CONTRACTOR PROVIDED MATERIALS

The Work included under this specification is considered to be turnkey in the sense that the Contractor shall furnish all labor, tools, equipment, and materials required to install the pole, EXCEPT for those items specifically identified in Exhibit 1 as Owner‐Furnished Materials. Owner‐Furnished Materials shall not be included in Contractor pricing.

Franklin County’s interpretation of the specifications shall be final and binding upon the Contractor.

A. The main features of the work shall include, but not be limited to the following:

1. Provide labor, materials, equipment, and services as specified.

2. Franklin County will provide the Musco Poles and the equipment listed in Exhibit 1, and the contractor will pick up the Franklin County material from the location below. Franklin County has paid for the freight and transportation of the Musco Poles. The contractor is responsible for having the appropriate equipment and personnel to unload and handle poles and all other equipment. The county must be given at least 24 hours’ notice before picking up the cable and materials.

Franklin County Highway 14981 State Rte. 30 North

Malone, NY 12953

Attention: Edward Adams

Highway Superintendent 518‐483‐1140

Edward.Adams@franklincountyny.gov

3. All equipment shall be new, and UL listed.

4. All materials furnished and all work performed shall comply with all State, County and Local Codes and Franklin

County contract terms and conditions.

5. All equipment and work shall comply with FCC regulations.

6. Contractor is responsible for providing a warehouse, personnel, and equipment to complete the project.

CONTRACTOR‐FURNISHED CONSTRUCTION AND ERECTION EQUIPMENT

The Contractor shall furnish all equipment necessary to perform the Work, including but not limited to:

• Drilling and excavation equipment

• Material handling and foundation placement equipment

• Cranes, lifts, hoisting systems, or erection apparatus

• Specialized tools for pole and mount assembly

• Material handling equipment for unloading the Musco Pole at the DPW yard

Franklin County shall not provide construction equipment or erection machinery.

ELECTRICAL GROUNDING SYSTEM AND NATIONAL GRID CONDUIT STUB‐OUT

Grounding System

The Contractor shall install a complete grounding system for the monopole structure, including:

• Bonding to the Musco foundation grounding

• Grounding of the monopole structure

• Ground rods, conductors, lugs, and terminations per NEC, NESC, industry standards, and construction drawings

Utility Conduit Stub‐Out

The Contractor shall provide and install:

• Code‐compliant conduit stub‐outs sized for future National Grid service

• Proper burial depth, pull tape, and weather‐protected terminations

• Locations coordinated to avoid re‐excavation

Franklin County shall retain responsibility for utility service applications, meters, and permanent power activation.

Please note: The contractor is responsible for a complete turnkey pole installation. The installation, turn‐up, and testing of any wireless or network equipment is outside the scope of this RFB and will be performed under a separate contract.

QUALITY CONTROL (QC) AND QUALITY ASSURANCE (QA) – POLE INSTALLATION

QC Responsibility

The Contractor shall support a Quality Control process independent of construction crews and correct all deficiencies prior to QA submission.

QA Readiness Deliverables

The Contractor shall provide all documentation required for QA inspection to the designated Construction Manager, including:

• Final Construction Documents and As‐Builts

• Manufacturer equipment specifications

• Date/time/geo‐stamped installation photos

• Grounding and electrical documentation

QA Photos

Installation Photos, as applicable. All photos stamped with date, time, and lat/long.

• Mounting hardware including any ballast, attachment point or new platform.

• Grounding – busbar and attachments.

• Route of conduit stub‐out to the National Grid service location.

• Photos documenting the condition of unloaded equipment staged at the DPW yard, including any visible shipping damage.

As‐Builts

Upon completion of installation, the Contractor is required to provide Franklin County and Airosmith Development with red‐lined as‐built drawings (in a mutually agreed‐upon electronic format) and courtesy copies of all close‐out documents. These must be submitted as a condition of the work’s acceptance and contractor payment.

The Contractor shall convert red‐line drawings to electronic As‐Built drawings. Upon completion of construction, the Contractor shall provide Franklin County and Airosmith Development with two sets of completed As‐Built drawings and one copy of these drawings in electronic format. The electronic format shall be agreed to by Franklin

County and Airosmith Development during the design and engineering phase of the project. These must be submitted as a condition of acceptance and Contractor payment.

B. The following notes are integral to the Contract:

1. All Bidders are herein notified to review all information in the RFB.

2. The Contractor is responsible to submit to the Construction Manager (Airosmith Development) within two weeks of Contract award, a complete schedule of all activities necessary to complete the Contract Work, including but not limited to: submittal schedule, weekly updates of a three‐week look‐ahead schedule, and manpower loading schedule. The Contractor shall participate in developing an overall schedule integrating their activities with the other contractors (i.e., utilities and Franklin County/County DPW’s), while meeting the parameters of the contract schedule.

3. All shop drawings and/or submittals shall be provided for review within ten (10) days. Submittals for each specification section will need to be transmitted as a complete package. This includes but is not limited to shop drawings, catalogue cuts, literature, sample warranties, samples, and detailed installation instructions.

4. The Contractor is required to prepare and submit for approval a site‐specific safety plan. The Contractor is also required to implement and maintain a project specific safety program. The Contractor shall submit their safety program to the Construction Administrator for approval, prior to the start of the Work of the Contract. The program shall include company safety philosophy, history, an action plan, manuals; hazardous communications sheets

(MSDS), OSHA filings, safety meeting minutes, and a reporting system for any accidents or injuries.

5. The Contractor, before installation of any materials, shall examine the materials which are to be applied and shall notify the Construction Administrator in writing of all defects which would affect the quality and appearance of the

Work applied in place.

6. The Contractor shall provide all de‐watering, temporary shoring, bracing, supports, or protection systems needed to complete the Work of their Contract. The Contractor is responsible, individually and collectively, for maintaining safe working conditions and procedures at all times. In addition, they must protect all Owner facilities, personnel, and activity areas. The Contractor is responsible for de‐watering and erosion control, if required by permit.

7. The Contractor is responsible for the layout and survey of their own work, unless otherwise noted in the Invitation to Bid.

8. The Contractor is responsible for providing adequate manpower as needed throughout the course of the project to maintain the overall construction schedule and associated deadlines.

9. The Contractor is required to clean their work area at the end of each workday.

a. The Contractor shall provide daily debris removal to dumpsters provided by the Contractor. Failure to comply with cleaning requirements will activate Owner remedies.

b. The Contractor shall provide daily construction logs, with specifications on the work scheduled for that day, the work that was completed, and the work slated for the following day.

c. The Contractor shall conduct a daily safety briefing prior to the commencement of work for each shift.

This briefing must include completion of a written Job Safety Analysis (JSA) form. The JSA shall: identify all personnel present on site; outline potential safety hazards associated with the day’s tasks; specify mitigation measures and required personal protective equipment (PPE); document emergency procedures and contact information; and be signed by all crew members to confirm understanding and compliance. The

Contractor shall maintain copies of all completed JSAs and provide electronic copies of them daily.

Wherever and whenever work is performed, daily construction photos are to be provided.

d. Procore Project Management Platform (Required). The Contractor shall subscribe to and utilize Procore, Franklin County’s designated construction management platform, for all project documentation, reporting, communication, and submittal activities. This requirement applies to all daily and weekly reporting obligations, including but not limited to: daily construction logs; Job Safety Analyses (JSAs) and all safety documentation; RFIs and clarification requests; submittals and product data; progress photos and GPS documentation; as‐built drawings and field redlines; schedule updates; change order requests and pricing;

and meeting minutes, correspondence, and all project communication.

10. The Contractor performing sub‐grade work shall arrange for underground utility stakeout immediately upon issuance of drawing and obtaining appropriate permits. The Contractor shall be responsible for maintaining these stakeout location marks throughout construction. The Contractor shall obtain the services of a professional utility locating company using underground scanning equipment if necessary.

11. Owner may retain the services of an independent testing laboratory for all special inspections and testing services.

12. The Contractor shall provide, maintain, and remove temporary safety barricades as required to protect open excavations and work as required by OSHA.

13. Dust control shall be the Contractor’s responsibility, if required.

14. Location of storage trailers, dumpsters, etc. must be approved by Franklin County or the Construction

Administrator prior to staging on the project site(s).

15. Construction workers shall park in areas designated by Franklin County or Construction Administrator. Onsite parking will be provided to the extent possible, but some walking may be necessary.

16. The Contractor is responsible for all material receiving, unloading and hoisting required for its work, including unloading of the Musco Pole upon delivery to the DPW yard.

17. Instructions for the preparation of a monthly payment application will be provided upon award of the Contract.

18. Portable toilets shall be provided by the Contractor when required.

19. All spoils for site excavation shall be hauled off of the property and legally disposed of.

20. The Contractor shall provide full time and on‐site supervision from commencement of their work activities until the end of the project. Furnishing items for the job site does not constitute the commencement of work activities. If supervision is reduced or terminated without consent of the Construction Administrator, the Construction

Administrator will appoint an individual to manage work under this Contract with all costs borne by the Contractor.

The Contractor shall assume all responsibilities for the individual and Work of this Contract.

21. Anyone found loitering, pandering or engaging in lewd activities, fighting or other rowdy behavior, using profane language or gestures or otherwise disrupting the smooth and efficient flow of work and or activities on the site, will be removed from the job site and prohibited from future work on this project. Proper attire for each respective job shall be worn at all times.

22. The Contractor is responsible for protection of its own materials and work during installation and until final acceptance. In addition, during the course of work, each Contractor shall provide protection for and be responsible for damage to adjacent work resulting from its operations.

23. The Contractor shall provide such post‐substantial completion services as may be required to complete the closeout process and provide administration for any warranty items which may arise.

24. If the Contractor is tracking construction debris into public streets, private streets, and parking lots, they will be required to sweep and clean as necessary to return to original condition as directed by the Construction

Administrator. Failure to comply with this direction shall result in a back charge to the Contractor.

C. Scope of Work per Contract

1. This written specification and associated drawings, attachments, etc., together constitute the project specification.

2. The Work included under this specification is considered to be turnkey in the sense that the Contractor shall furnish all labor, equipment, and Contractor‐furnished materials specifically identified in the Contract Documents, and perform all operations necessary to complete the installation of the Musco Pole in accordance with the specifications and drawings. Materials explicitly listed as County‐provided shall not be included in Contractor pricing.

3. Franklin County’s interpretation of the specifications shall be final and binding upon the Contractor.

4. Should it appear that there is a discrepancy, real or perceived, between different sections of specifications concerning the nature, quality, or…