Franklin County MIP3 - Musco Pole and Related Wireless and Network Infrastructure.RFB.26.0727-01 - Part 6.pdf

EXHIBIT 5 – BID FORM

GENERAL INFORMATION SHEET

NAME OF BIDDER:

DOING BUSINESS AS

ADDRESS:

FEIN/SSN

DUN & BRADSTREET NO.

BID CONTACT PERSON

BID MANAGER EMAIL

SALES CONTACT PERSON

PHONE # FOR ORDERS

E-MAIL FOR ORDERS

FAX # FOR ORDERS---

TYPE OF ENTITY: CORP. PARTNERSHIP INDIVIDUAL

If a non-publicly owned Corporation:

NAME OF CORPORATION:

LIST PRINCIPAL STOCKHOLDERS (holding over 5% of outstanding shares)

LIST OFFICERS:

LIST DIRECTORS:

DATE OF ORGANIZATION:

If a partnership: PARTNERS:

NAME OF PARTNERSHIP

DATE OF ORGANIZATION:

• If the business is conducted under an assumed name, a copy of the certificate is required to be filed under the New York General Business Law must be attached.

• A copy of your organizations W-9 must be included with your bid if it is not already on file from a previous bid submission.

BID FORM BF-2

REFERENCE SHEET

All bidder(s) will be required to complete this form providing three references of the bidder's performance.

References should involve projects and/or service situations of similar size and scope to this bid. References must have had dealings with the Bidder(s) within the last thirty-six months. The County reserves the right to contact any or all of the references supplied for an evaluation of past performance before the actual award of the bid and/or contract. Completion of the reference form is required. If the County has ever contracted with the bidder(s) in the past, the County is not to be included as a reference.

Bidder’s Name:

1. Reference Name:

Address:

Telephone: Contact Person

Email address

Similar type of project and completion date

2. Reference Name:

Telephone: Contact Person

3. Reference Name:

Telephone: Contact Person

BID FORM BF-3

CERTIFICATION OF NON-COLLUSION Name of Bidder:

I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

1. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any other competitor.

2. The bidder prior to the opening has disclosed neither the price(s) nor the amount of this bid.

3. No attempt has been made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intent ally high or non-competitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary bid.

5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid case or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by a firm or person to refrain from bidding or to submit a complementary bid.

6. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm’s bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit.

7. By submission of this bid I certify that I have read, am familiar with and will comply with any and all segments of these specifications.

IRAN DIVESTMENT ACT AFFIDAVIT OF INDIVIDUAL OR ENTITY

By submission of this Bid, each Bidder and each person signing on behalf of the Bidder certifies under penalty of perjury that:

1. I am submitting a bid to provide services and/or supplies on behalf of ___________, with a physical address of _____________________, to the County of Franklin pursuant to competitive bidding rules and regulations.

2. This bid is submitted pursuant to the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of

New York, and New York State Finance Law (SFL), Section 165-a, effective April 12, 2012, and the regulations promulgated thereunder. This certification is made under penalty of perjury, for the purpose of showing that the bidder has no “investment activities in Iran”.

3. The bidder/contractor does hereby certify that it is not engaged in “investment activities in Iran” as defined by the laws of the State of New York; nor will it invest or participate in such activities during the terms of the contract.

NEW YORK STATE SEXUAL HARASSMENT LAWS

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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one -g of the NYS labor law. A model policy and training has been created by the NYS

Department of Labor and can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace

BID FORM BF-4

DISCLOSURE OF INTEREST Name of Bidder

This Section must be completed and submitted with the Bid submission. If no disclosure is required, check the space below.

If the signer of this Bid, or any of the principal owners of, or persons in senior management positions with, the bidding firm (collectively the BIDDER) have any relatives and/or immediate family members that are currently an employee, board member, consultant or engages in any business or maintains any relationship with Franklin County, disclosure below is required. The Code of Ethics of the County of Franklin defines relative as "a spouse, parent, stepparent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a County officer or employee, and individuals having any of these relationships to the spouse of the officer or employee" and immediate family member as a "parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild".

FOR COUNTY EMPLOYEES:

Name of County Employee Job Title Relationship to Bidder

FOR OTHERS WITH A RELATIONSHIP TO COUNTY:

Name of Individual Relationship to County Relationship to Bidder

Check below if Bidder DOES NOT have any relationship with the County:

No disclosure is required.

Attach additional pages as required.

BID FORM BF-5

ADDENDA ACKNOWLEDGMENT

The Bidder acknowledges receipt of the following addenda, if applicable:

Addendum

Number Date Signature/Print Name

Sign and return all addenda with your Bid. BIDDER’S CERTIFICATION

In submitting this Bid, BIDDER represents, as more fully set forth in this Bid, that:

a. BIDDER acknowledges that they have read, understand, and agree to all aspects of the terms and specifications as presented without reservation or alteration.

b. When awarded, the bid package becomes the “Contract Document.”

c. That the organization, its principals, and sub-recipients are not currently suspended or debarred from doing business with the Federal Government.

d. The Bid is made without any connection to, or in collaboration with, any person making another

Bid for the same Contract, and that the Bid is in all respects fair and without collusion or fraud.

e. Have implemented a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment prevention training to all of its employees in accordance with New York

State Labor law §201-g.

Vendor

Authorized Signature Date

Print Name

Address

Phone Fax

Email

Federal ID #

Subscribed to and sworn to before me

This day of , 20

Notary Public

EXHIBIT 6 – BIDDERS CHECKLIST

BIDDER SUBMISSION CHECKLIST

The following checklist must be completed and submitted with your Bid. It is intended to acquaint the

Bidder with all items of information that must be submitted with the Bid. Failure to respond or submit any item may render the Bid non-responsive.

All documents must be completed in accordance with the instructions for the individual document, which may include an original signature or an original notarized signature. At this time, Franklin County cannot accept an eSignature that has been generated by software.

Bidder Company

Business Name

Bid Document Location of

Bid Document

Required File

Format (Submit on USB)

Original also

Required (Submit paper original)

Did Bidder

Submit this

Document?

1 Price Form Exhibit 4 (page

36)

XLSX X

2 Bid Form Exhibit 5 (page

39)

PDF X

3 Reference Sheet Exhibit 5 (page

40)

PDF X

Certification of Non-

Collusion

Exhibit 5 (page

41)

PDF X

4.1

Iran Divestment Act

Affidavit of Individual or

Entity

Exhibit 5 (page

42)

PDF X

5 Disclosure of Interest Exhibit 5 (page

43)

PDF X

6 Addenda Acknowledgment Exhibit 5 (page

44)

PDF X

7 Bidder's Certification Exhibit 5 (page

44)

PDF X

Additional Questions Bidder Response

Has Bidder submitted the most up-to-date versions of the Solicitation documents as posted on the Franklin County website and released through the NYS Contract Reporter?

Did Bidder submit documents requested in PDF format as an Adobe Acrobat PDF file that has been converted to allow for Optical Character Recognition (OCR)? See link below for additional information.

https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html N/A

Did Bidder submit all required documents on two (2) USB flash drives, with each USB flash drive containing a complete set of the submitted documents?

Did Bidder label the outside of the Bid envelope or package with the following?

1. BID ENCLOSED (preferably bold, large print, all capital letters)

2. Solicitation number (RFB# 26-0727-1 PROPOSALS FOR MUSCO POLE

INSTALLATION

3. Bid Opening Date and Time

4. The number of boxes or packages (e.g., 1 of 2; 2 of 2) https://www.adobe.com/acrobat/how-to/ocr-software-convert-pdf-to-text.html

EXHIBIT 7 – QAQC FIELD CHECKLIST

FRANKLIN COUNTY MIP3 — QA/QC FIELD CHECKLIST (SAMPLE)

Musco Pole Installation • RFB # 26‐0727‐1 • Version 2

Site: ☐ Burns-Holden ☐ Stebbins ☐ Trout River ☐ Little Briggs

QC Lead:

RFB #: 26-0727-1 Date:

Print one checklist per site. QC Lead initials each item upon completion. Milestone Sign-Off blocks at end of document are completed at the end of each milestone before requesting QA inspection.

M0 — MOBILIZATION & PRE-CONSTRUCTION (project-wide; not site-specific)

Task Init. Date

☐ QC Lead Designation Letter Submit letter naming QC Lead (independent of daily construction crew) to CM.

☐ Site-Specific Safety Plan Hazard analysis, fall protection, rigging, traffic control, emergency response.

☐ Baseline Schedule All 4 sites; milestones, dependencies, deliveries. Loaded in Procore.

☐ Musco Approved-Installer Letter Current letter (within 6 months) confirming installer status. Reconfirm at NTP.

☐ Personnel Certifications OSHA-30 (foremen), OSHA-10 (workers), Climbing Certification)

☐ Insurance Certificates COI naming Franklin County and Empire State Development as additional insured

☐ Procore Project Setup Project created; accounts for contractors and subcontractors.

MA — FOUNDATION

Task Init. Date

☐ Foundation Delivery Inspection Inspect precast unit at delivery; record manufacturer ID, ticket, condition.

☐ Subgrade Verification Verify bearing per Musco engineering; photo of excavated subgrade prior to setting.

☐ Ground Ring Installation Install ground rods, ring conductor, exothermic welds. Photo before backfill.

☐ Conduit Stub-Out for National Grid Size, depth, separation per NEC + National Grid. Pull tape installed; ends capped.

☐ Foundation As-Set Survey Verify alignment within ±0.5° of plan orientation, ±1” of plan location; record.

☐ Foundation Plumb Verification Verify reference points plumb. Submit reading.

☐ Restoration Started Begin restoration of disturbed areas within 24 hours of completing foundation work.

☐ MA Photos Uploaded All required photos in Procore (foundation, ground ring, conduit, anchor bolts).

☐ Milestone QC Checklist MA Signed QC Lead inspects and signs off; ready for QA acceptance.

MB — POLE ERECTION

☐ Pole Section Delivery Inspection Inspect each pole section at delivery; record Musco section IDs, condition.

☐ Pole Erection per Musco “5 Easy Pieces” Performed by Musco-approved installer. Complete Musco assembly checklist.

MB — POLE ERECTION

☐ Plumb Verification After erection: digital or optical plumb. Acceptance ≤ 0.5° from vertical.

☐ Climbing Facilities Installed Step bolts, mounts, handholds per Musco drawings.

☐ Structural Ground Bond Bond pole to foundation ground ring. Verify continuity.

☐ MB Photos Uploaded Pole base, plumb indicator, climbing facilities, ground bond, anchor torque close-ups.

☐ Milestone QC Checklist MB Signed QC Lead inspects and signs off.

MC — EQUIPMENT UNLOADING AND STAGING

☐ OFM Receipt Log Current All received Owner-Furnished Materials logged with S/N (where applicable), condition, location.

☐ Related Equipment Unloaded at DPW Yard Network and wireless equipment furnished by the County unloaded, inspected for shipping damage, and staged per Franklin County instructions.

☐ Equipment Inventory Log Complete Itemized log of all unloaded equipment: description, quantity, condition, storage location.

☐ Staged Equipment Protected Equipment staged in a manner that protects against weather, theft, and damage pending installation under separate contract.

☐ MC Photos Uploaded

MC — EQUIPMENT UNLOADING AND STAGING

Per shot list (unloaded equipment condition, staging area, inventory tags).

☐ Milestone QC Checklist MC Signed QC Lead inspects and signs off.

MZ — QA SUBMISSION & CLOSEOUT

☐ QA Inspection Conducted CM (with Airosmith) inspects within 5 business days of complete QA Readiness Package.

☐ Punch List Received and Logged CM issues outcome within 3 business days of inspection: Accept / Punch / Reject.

☐ Punch-List Items Corrected Complete within 10 business days of receipt of punch list.

☐ Re-Inspection Completed CM re-inspects within 5 business days of Punch-List Completion Notice.

☐ Red-Line As-Builts Submitted Marked-up PCDs within 5 business days of QA acceptance.

☐ Electronic As-Builts (.dwg + PDF) Clean conversion within 15 business days; file naming per scope.

☐ Paper As-Built Sets Delivered Two (2) hard-copy sets per site to CM.

☐ Contractor Workmanship Warranty Letter 1-year minimum from Final Acceptance; signed and submitted.

☐ Permits Closed Out Building/structural, ROW

MZ — QA SUBMISSION & CLOSEOUT

☐ Procore Project Exported Full project record (PDF + native files) delivered to County.

REQUIRED PHOTOS

Photo requirements: GPS coordinates and timestamps embedded in EXIF metadata or overlaid on the image;

minimum 8 MP resolution; properly exposed and in focus; uploaded to Procore in the designated site/milestone folder. Naming: SiteCode_Milestone_Item_YYYYMMDD_seq.jpg.

Site Overview (per site, at start and end of work)

Photo Init. Date

☐ Wide-angle shot of entire site before mobilization

☐ Wide-angle shot of entire site after restoration

☐ Site access route, gates, and any access restrictions

☐ Property line, setbacks, and adjacent features

MA — Foundation Photos

Photo Init. Date

☐ Precast unit at delivery with manufacturer ID plate visible

☐ Excavation prior to setting (depth, subgrade)

☐ Conduit stub-out for National Grid prior to backfill

☐ Ground ring conductor and ground rods prior to backfill

☐ Exothermic welds or listed connectors prior to backfill

MA — Foundation Photos

☐ Foundation after setting with leveling confirmed

☐ Restoration started: backfill and seeding/matting as applicable

MB — Pole Erection Photos

☐ Each pole section at delivery, Musco ID plate visible

☐ Pole base connection after erection

☐ Plumb-indicator reading showing pole verticality (digital or optical plumb)

☐ Anchor bolt torque close-up (each critical bolt)

☐ Climbing facilities: step bolts, mounts, handholds

☐ Structural ground bond at pole base

MC — Equipment Unloading Photos

☐ Each piece of unloaded equipment, with shipping label/manufacturer ID visible

☐ Any visible shipping damage, documented per item

☐ Staging area showing equipment protected and organized

☐ Inventory tags / labels applied to staged equipment

REQUIRED TEST REPORTS

Each report below shall be submitted as part of the QA Readiness Package, per site, via Procore. Use the ✓ column to confirm the report has been generated; Initials and Date when uploaded and accepted by the QC Lead.

REQUIRED TEST REPORTS — per site

Test Report Required Content / Format ✓ Init. Date

Foundation Documentation

Precast unit ID; delivery ticket; subgrade bearing verification; as-set elevation; orientation (±0.5°) and location (±1”) survey; reference-point plumb; ground ring continuity verification. PDF + photos.

Pole Erection Record Musco “5 Easy Pieces” assembly checklist signed by Musco-approved installer; plumb-tolerance reading (≤0.5° from vertical); climbing-facility installation verification; structural ground bond verification. PDF (Musco form).

Anchor Bolt Torque Log

Torque value per bolt with bolt ID, against Musco spec; tolerance ±5%. Calibrated torque wrench make/model and last calibration date. PDF or Excel.

Grounding Test Report

Earth electrode resistance by Fall-of-Potential method (or approved equivalent); acceptance ≤ 5 Ω.

Tester make/model and calibration date. PDF.

Equipment Unloading Inventory Report

Itemized log of all related equipment unloaded and staged at the DPW yard: description, quantity, condition at receipt, any shipping damage noted, storage location. Excel or PDF.

QUICK-REFERENCE ACCEPTANCE THRESHOLDS

These are the values QA inspection will check against.

Parameter Acceptance Threshold

Foundation alignment ±0.5° orientation; ±1” location

Pole plumb ≤ 0.5° from vertical

Anchor bolt torque Musco spec; ±5%

Ground resistance ≤ 5 Ω (or tighter)

MILESTONE SIGN-OFFS

QC Lead must sign each milestone before requesting QA inspection. The QA Readiness Certification (highlighted) authorizes the QA Readiness Package to be submitted in Procore and triggers the QA inspection clock.

QC Lead Name / Signature Initials Date

MA Foundation Sign- Off

MB Pole Erection Sign-Off

MC Equipment Unloading Sign-Off

QA Readiness Certification (overall)

End of Checklist

EXHIBIT 8 – GENERAL CONDITIONS

All proposals shall be made upon forms furnished by the

Purchasing Department of the County of Franklin and shall be contained in sealed envelopes addressed to Franklin County

Manager, Court House, Suite 456, 355 West Main Street, Malone, New York 12953-1826.

BIDS

1. Form of proposal as issued by the Purchasing

Department and shall be completely filled in by ink or typing. No bid will be accepted which contains any changes, additions, omissions or erasures, unless otherwise stated.

2. Non-appropriations Clause: In accordance with NYS

General Municipal Laws, Franklin County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the vendor agrees to hold the County harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. As such no contract becomes binding until the necessary funds have been approved for the fiscal year during which the contract is in effect.

3. Bidder must submit with bid detailed specifications, circulars and all necessary data on items he proposes to furnish.

This information must show clearly that the item offered meets all detailed specifications herein. The Purchasing Agent reserves the right to reject any bid if its compliance with specifications is not clearly evident. If item offered differs from the provisions contained in these specifications, such differences must be explained in detail, and bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are to the best interests of the County of

Franklin as interpreted by the County.

4. All prices quoted must be “per unit” as specified; e.g., do not quote “per case” when “per dozen” is requested; otherwise bid may be rejected.

5. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fraction.

6. The price submitted shall be exclusive of Federal and

State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the County.

7. Prices shall be net; including transportation and delivery charges fully prepaid by the successful bidder to destination indicted in the proposal. If award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item.

In any case, title shall not pass until items have been delivered and accepted.

8. Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

9. All bids received after the time stated in the “Notice to Bidders” may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the handling of the mail by employees of the County.

Whether sent by mail or by means of personal delivery, the bidder assumes responsibility for having his bid deposited on time at the place specified.

10. In all specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or on any patented article. The decision of the

County Purchasing Agent as to whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specifications of item he proposed to furnish.

Otherwise, bid will be construed as submitted on the identical item as specified.

11. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Franklin County Manager, no later than five (5) days prior to the date fixed for the opening of bids.

Notice of any and all responses shall come from the County

Manager in form of addenda to the specifications will send all such interpretations and any supplemental instructions to all bidders of record. All addenda so issued shall become a part of the contract documents.

12. The submission of a bid will be constructed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and a representation that the bidder can furnish the supplies, materials, or equipment satisfactory in complete compliance with the specifications.

13. If two or more bidders submit identical bids as to price, the decision of the Purchasing Agent to award a contract to one of such identical bidders shall be final. (General Municipal

Law, sec 103. Sub 1).

14. It is the responsibility of the bidder to offer a product that meets the specifications of the manufacture model as listed.

15. See attached insurance requirements.

Liability, workers compensation and disability coverage statements are required of all bidders. Automobile coverage is required from those who provide delivery. Bidders who use common carriers for delivery do not need automobile coverage statements.

16. In the event satisfactory bids are not received, the

Purchasing Agent reserves the right to consider alternative proposals containing deviations from County specifications.

Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued.

SAMPLES

17. Samples, when required, must be submitted strictly in accordance with instructions, otherwise, may not be considered. If samples are requested subsequent to bid opening, they shall be delivered within 10 days of the request, or as directed, for bid to have consideration. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned, provided they have not been used or made useless by tests. Award samples may be held for comparison with deliveries. The County will not be responsible for any destroyed or mutilated by examination or testing. The bidder at his expense shall remove samples. Samples not regarded as abandoned and the County shall have the right to dispose of them as its own property. Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

AWARD

18. The County Purchasing Agent for the County of

Franklin reserves the right to waive any and all formality or to reject any or all bids.

19. 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, or supplies to be furnished, their conformity with specifications, the purposes for which required, and the terms of delivery.

20. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County Purchasing Agent.

21. Should the successful bidder fail to meet a delivery date required by the specifications, the Purchasing Agent may, at their discretion, cancel the order and terminate the contract. In such event, the County will assume no responsibility for any expense or loss to the successful bidder because of such cancellation or termination.

22. Should any material or equipment delivered fail to meet the specifications, the County Manager may, at his discretion require the vendor, in writing, to replace the same with materials or equipment which does meet the specifications and, at the vendor’s expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by vendor within 30 days, to cancel the order and terminate the contract, in which event the

County will assume no responsibility for any expense or loss to the

Bendor because of such cancellation or termination.

23. If the successful bidder fails to deliver within the time specified, or within reasonable time as interpreted by the County, or fails to make replacement of reject articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. The County reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases, the successful bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful bidder shall not have claim to the difference. Such purchases will be deducted from contract quantity.

24. A contract may be cancelled at the successful bidder’s expense upon non-performance of the contract.

DELIVERY

25. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear in order, it will be interpreted to mean prompt delivery. The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final.

Regardless of delivery date, the pricing, terms, and conditions of the bid will be recognized as in effect on the date of order placement.

26. The County will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency

27. Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, bailing, or sacks.

28. The successful bidder shall be responsible for delivery of items in good condition at point of destination. He shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving department will note for the benefit of successful bidder when packages are not received in good condition. Carton shall be labeled with purchase order or contract number, successful bidder’s name and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods

29. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions of the County Manager. The successful bidder required to furnish proof of delivery in every instance.

30. If required within the bid specifications, unloading and placing of the equipment or furniture are the responsibility of the successful bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred by the

County due to the failure of the successful bidder to comply with this requirement will be charged to the bidder.No help for unloading will be provided by the County, and suppliers should notify their truckers accordingly

31. All deliveries shall be accompanied by delivery tickets or packing slips. Ticket shall contain the following information for each item delivered:

Contract Name and/or Purchase

Order Number Name of Article

Item Number (if applicable)

Quantity

Name of Successful Bidder

INSTALLATION OF EQUIPMENT

32. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed. Upon completion of the work the premises shall be left in a neat, unobstructed condition, and the building broomed clean, and everything in perfect repair and other. Old materials are the property of the successful bidder unless otherwise stated.

33. Equipment, supplies, and materials shall be stored at the site only on the approval of the County Purchasing and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

34. Work shall be progressed so as to cause the least inconvenience to the County and with proper consideration for the rights of other successful bidders of workmen. The successful bidder shall keep in touch with the entire operation and install his work promptly.

35. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

36. Equipment for trade-in shall be dismantle by the successful bidder and remove at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of the trade-in. All equipment is represented simply “as is”. Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

37. The successful bidder guarantees:

(a) His product against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and to repair damages of any kind for which he or his workmen are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

(c) To carry adequate insurance to protect the County from loss in case of accident, fire theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

(e) That the equipment is standard, new, latest model of regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one-year from date of delivery. If during this period, such faulty develop, the successful bidder agrees to replace the unit or the part affected without cost to the County. Any merchandise provided under the contract, which is or becomes defective during the guarantee-period, shall be replaced by the successful bidder free of charge with the specific understanding that all replacement shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately receiving notice from the County.

SAVING CLAUSE

38. The Contractor shall comply with all the provisions of the laws of the County of Franklin, the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the

General Municipal Law, the Workmen’s Compensation Law, the

Lien Law, Personal Property Law, State Unemployment, Rules and

Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, in so far as the force and effect as if set forth at length herein. The bidder’s special attention is called to those laws, which are set forth below:

39. Section 103-d of the General Municipal Law of the

State of New York, which reads as follows:

“1. Every bid or proposal hereafter made to a political subdivision of the state of any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be lowing statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification.

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

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder 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 purposes of restricting competition.

(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3) above have not been complied with; provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a) (1) (2) and (3) above have not been complied with, the bid shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof which the bid is made, or her designee, determines that such disclosures was not made for the purpose of restricting competition.

The fact that a bidder (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (c) has sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of sub-paragraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.”

40. All vendors must comply with provisions of the Toxic Waste

Right to Know Law and provide the County with any and all information as required by law.

41. All regularly manufacture stock electrical items must bear the label of the Underwriter’s Laboratories, Inc.

42. Bids on equipment must be on standard new equipment, of latest model and in current production, unless otherwise specified.

All supplies, equipment, vehicles and materials must meet the provisions of the Occupational Safety and Health Act.

43. The non-collusion bidding certification following the form of proposal must be executed by the bidder and submitted with the proposal.

44. Franklin County reserves the right to terminate this contract on

Information Sheet and Vendor Reference Sheet. These forms must be submitted with the proposal.

45. Faxed and/or emailed bids will not be accepted.

46. Any and all awards resulting from this bid shall be final and shall be for the complete term of the contract.

No rescinding of awards will be made because of bidder error or inability to supply them.

47. Franklin County reserves the right to extend the term of this contract for any length up to sixty (60) days beyond the time herein specified as the expiration date of this contract at identical terms and conditions. Written notice will be given to the contractor.

48. Extension of Prices – Political

Sub-divisions and districts and other authorized by law Including certain non-profit agencies may participate in contracts resulting from this bid. Upon request, non-county agencies must furnish contractor(s) with the proper tax exemption certificate.

49, Political subdivisions and others authorized by law may participate in contracts resulting from this bid opening.

Drug-Free Workplace Act of 1988

All Contractors providing property or services to Franklin County valued at $25,000 or more, or any Contractor participating in a project involving a grant from any federal agency must comply with all aspects of this law.

The Drug-free Workplace Act of 1988 takes effect on March 18, 1989. The Act applies to a federal government contractor providing property or services valued at $25,000 or more, or any establishment receiving a grant from any federal agency. A covered federal contractor must certify to the contracting agency that it will provide a drug-free workplace.

The Act requires each covered contractor to provide each employee a written statement informing employees that the manufacture, distribution, possession or use of controlled substances is prohibited in the workplace. The statement must specify the actions that will be taken for violations and that as a condition of employment the employee must abide by such statement and notify the employer of any conviction under a criminal drug statute for a violation occurring in the workplace within five days of such conviction. An employer who learns that an employee has bee convicted must notify the contracting agency with ten days of receiving notice of the conviction. In addition, the employer must discipline the convicted employee or require him to participate in a drug abuse assistance program.

A government agency may terminate a contract if the contractor fails to comply with the Act or has so many employees criminally convicted for workplace drug violations that the agency believes the contractor is not making good faith effort to establish and maintain a drug-free workplace.

Title VI of the Civil Rights Act of 1964

The County of Franklin, in accordance with the provisions of Title

VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US. C.§§

2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees as follows:

1. Compliance with Regulations: The contractor

(hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the

U.S. Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in

Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including

Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the

Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Franklin, NYSDOT, or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the contractor will so certify to the County of Franklin, NYSDOT, or FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the County of Franklin, and the NYSDOT will impose such contract sanctions as it, or the Federal Highway

Administration (FHWA) may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. cancelling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six of this section in every subcontract, including procurements of materials and leases ofequipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of modal Operating Administration) may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the contractor may request the County to enter into any litigation to protect the interests of the County, and in addition, the contractor may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §

2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property

Acquisition Policies Act of 1970, (42 U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.),

• (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29

U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42

U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, ( 49

USC § 4 71, Section 47123 ), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-

209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of

1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by

Department of Transportation regulations at 49 C.P.R. parts 37 and

38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address

Environmental Justice in Minority Populations and Low-Income

Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at

74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).

Legal Publications for Bids – 2025

Please be advised that for the year 2020

Franklin County will publish all public bids in the following newspapers by directive of the Franklin County Legislature:

Malone Telegram Adirondack Enterprise

469 East Main Street 54 Broadway

P. O. Box 69 P.O. Box 318

Malone, NY 12953 Saranac Lake NY 12983

It is the responsibility of the prospective bidders to read these publications and contact the County Manager’s Office if they wish to be included in vendor lists for bids published

Franklin County does not have a program in place that will allow for the receipt of bids electronically. Bids need to be in a sealed envelope and delivered to the place listed on the cover page by the appropriate time. Any bids that are not delivered sealed and on time, will be rejected