FRANKLIN COUNTY

REQUEST FOR PROPOSALS (RFP)

PROPOSALS FOR AERIAL AND UNDERGROUND CONSTRUCTION OF FIBER OPTIC CABLE INFRASTRUCTURE

RFP #:26-0526-1

RFP DATE: May 6, 2026 DUE DATE: May 26, 2026 AT 3:00 PM

FRANKLIN COUNTY

PURCHASING DEPARTMENT

355 WEST MAIN ST.

SUITE 456

MALONE, NY 12953

INQUIRIES AND PROPOSALS SHOULD BE DIRECTED TO:

MARK FUENTES: mip1franklincounty@airosmithdevelopment.com

1. ADVERTISEMENT FOR BIDS

FRANKLIN COUNTY

355 WEST MAIN ST.

MALONE, NEW YORK 12953

PH: (518) 481-1500

Notice to Bidders Procurement ID:

Franklin County is issuing this Request for Proposal (RFP) for a fixed-price contract for the construction and installation of optical fiber infrastructure. The scope of work includes both aerial and underground fiber installation. All fiber cable will be provided by the County along with materials listed in Exhibit 7; the Contractor shall furnish all labor, equipment, and other materials necessary for placement, splicing, testing, and restoration in accordance with industry standards and project specifications.

Important Dates:

May 15, 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 mip1franklincounty@airosmithdevelopment.com and include subject line Franklin CO - MIP 1 - RFP# 26-0526-1 Questions.

May 26, 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 May 26, 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 e-mailed to:

Donna Kissane Franklin County Manager Email: Donna.Kissane@franklincountyny.gov Awards will be made to the lowest responsible proposer 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 fiber construction services, 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 based on the information provided in the proposal. Respondents may submit proposals for the entire scope or for specific portions of the work. Complete details on the scope of fiber construction services, 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.

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 RFP pertains exclusively to MIP Phase 1, which consists of approximately 36 miles of fiber optic infrastructure throughout the southern portion of the County to serve unserved and underserved areas.

Franklin County is soliciting proposals for fiber construction services, including aerial and underground installation of County-supplied fiber optic cable. The selected contractor will provide all labor, equipment, and materials necessary for placement, splicing, testing, and restoration in accordance with industry standards and project specifications.

Proposals must be submitted in hard copy format and electronic documents on a thumb drive, delivered in a sealed envelope, and received by Franklin County at the location and time specified in the Advertisement for Proposals. 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 ConnectAll and Empire State Development (ESD) approval and controls.

3. INSTRUCTIONS TO BIDDERS

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

3.1 BID SUBMISSION. Bids should be submitted in a sealed envelope marked with “FRANKLIN COUNTY NY MIP 1 OPTICAL FIBER Construction Solicitation, RFP #:26-0526-1” and the words “SEALED BID” - written on the outside of the envelope. If delivered by mail or courier, such 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 RFP. The 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 RFP 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 LIQUIDATED DAMAGES: The Contractor and Franklin County recognize that delay in completion of this project will result in damage to the County in terms of the effect of the delay on public convenience and on the economic development of Franklin County and the State of New York, and will also result in additional cost to the County for engineering, inspection, and administration of the Contract. Because some of this damage is difficult or impossible to estimate, the parties agree that if the Contractor fails to achieve Substantial Completion of the Work by December 31, 2026 at 11:59 p.m. Eastern Time, or within such further time as may be granted in accordance with the provisions of the Contract, the Contractor shall pay Franklin County liquidated damages of $10,000.00 per calendar day for each day beyond the time specified for all Work not completed, in lieu of actual damages. The County may recover such liquidated damages by deducting the amount from any monies due or becoming due to the Contractor. If said monies are insufficient, the Contractor or its Surety shall pay the balance owed. Payment or deduction of liquidated damages does not relieve the Contractor from its obligation to complete the Work. The Contractor remains responsible for completing all remaining, incomplete, punch‑list, corrective, and warranty Work after December 31, 2026 until Final Completion is achieved. If, after written notice by the County, the Contractor is unable or unwilling to perform required Work and the County secures another contractor to perform such Work, and if the cost incurred exceeds the prices bid herein, the Contractor shall be liable for the difference. The County may recover this amount through deduction from monies due or becoming due to the Contractor; if insufficient, the Contractor or its Surety shall pay the remaining balance.

3.6 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.

3.7 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.

3.8 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.

3.9 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 RFP, 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 Counties Request. Requests for substitution must be included in the "Exceptions Deviations" from in Exhibit 4.

3.10 AWARD. The Bid will be awarded to the Lowest Responsible Bidder or bidder(s) meeting the Specifications or providing acceptable deviation or equivalency (see item 3.9). The award will be based on the criteria as shown in (7. PROCUREMENT EVALUATION & SELECTION PROCESS). 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. Franklin County anticipates awarding a contract resulting from this Request for Proposals on or about June 5, 2026. The anticipated award date is provided for planning purposes only and does not constitute a commitment by Franklin County. 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 RFP 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.

3.11 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 RFP from Franklin County’s website and will include such Addenda in the RFP located on Franklin County’s website.

3.12 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.

3.13 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.

3.14 LEGAL REQUIREMENTS. Provisions, requirements, and clauses required by Law to be inserted in this RFP, including but not limited to those set forth in Exhibit 8, which are hereby deemed incorporated and made a part of this RFP, and shall be read and enforced as though they were expressly included therein. 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, then, it shall forthwith be physically amended to make such insertion.

3.15 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. 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.

3.16 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.

3.17 SHIPPING. N/A.

3.18 TERM OF CONTRACT SERVICES. Unless otherwise specified in the Contract, all construction services requested in conjunction with this RFP shall be substantially complete no later than December 31, 2026, as evidenced by written confirmation or issuance of a Certificate of Substantial Completion by the County of Franklin.

Punch list, close‑out, and warranty‑related items identified at the time of substantial completion may be completed after December 31, 2026, within a reasonable period approved by the County of Franklin.

The services shall be deemed fully completed only upon final inspection and written acceptance by the County of Franklin.

3.19 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.

3.20 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.

3.21 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 RFP, 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 proposal, 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# 2026011914 https://apps.labor.ny.gov/wpp/publicViewProject.do?method=showIt&id=1616830) 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 for enforcement.

3.22 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. If so requested, the Bidder shall furnish Franklin County a sworn and notarized financial statement.

3.23 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.

3.24 DEBRIEFING. A debriefing is available to any Bidder that submitted a proposal or Bid in response to this RFP. 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 RFP.

3.25 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 RFP. A form of the Contract to be signed after the successful Bidder receives the Notice of Award is attached to this RFP 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.

3.26 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.

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.

3.28 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.

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

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.

3.31 DRAWINGS.

Drawings Submitted With Bid. When the Specifications attached to this RFP 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.

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.

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

Unless otherwise specified, permit fees and railroad flagging charges paid directly by the permitting agency 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

SCOPE OF SERVICES

1. The contractor will be responsible for the installation, splicing, and testing of both aerial and underground fiber optic cable. This includes, but is not limited to:

· Construction Methods: Vibratory plowing, directional boring, and other approved installation techniques.

· Associated Infrastructure: Installation of handholes, flower pots, conduit, innerduct, pull string, caution utility tape, marker posts, and all other related hardware.

· Cable Management: Pulling, placing, and securing fiber cable in aerial and underground environments.

· Splicing & Termination: Fusion splicing, connectorization, and preparation of fiber for termination at designated points.

· Testing & Documentation: OTDR testing, power meter testing, and providing detailed test results and as-built documentation. All optical test results should be shared in .trc or .olts format and as-builts should be in PDF format.

· Restoration: Surface restoration of disturbed areas, including pavement, landscaping, and other impacted surfaces.

· Safety & Compliance: Adherence to all applicable codes, standards, and safety regulations throughout the project.

· Coordination: Working with utility companies, municipalities, and other stakeholders to ensure proper permitting and clearances.

2. All permits will be obtained by Franklin County, and hard copies must be onsite at all times.

3. The scheduling and cost of traffic control is the responsibility of the contractor.

4. The scheduling of any required railroad flaggers is the responsibility of the Contractor. All costs associated with railroad flaggers, including labor, equipment, access fees, and any related incidentals, shall be the sole responsibility of the Contractor and shall be included in the Contractor’s unit prices. The Contractor shall furnish all equipment, labor, and incidentals necessary or convenient for the construction of the fiber optic infrastructure and shall carry out all duties and obligations imposed upon it by the RFP, RFP Drawings, RFP Specifications, and the Franklin County Construction Agreement.

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. (See Exhibit 7 for Materials supplied by Franklin County)

2. Franklin County will provide the fiber cable, and the contractor will pick up the cable from the below location. Contractor is responsible for having the appropriate equipment and personnel to load the fiber cable onto the contractor’s vehicle for transport. The county must be given a minimum of 24 hours notice prior to 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.

B. The following notes are integral to the Contract:

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

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 with developing on 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 RFP.

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.

· 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

· 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.

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 turn‑key 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 fiber optic network 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 extent of work to be furnished, it shall be assumed that the Contractor has based its proposal on the more expensive manner. Franklin County will have final decision on such matters.

5. The Contractor will provide (unless otherwise provided by Franklin County) and install all of the required materials to form a complete system, whether specifically addressed in this specification or not.

a. Measurements provided are for reference purposes. Contractor is responsible for verifying measurements required for project activity.

6. The Contractor is responsible for all employee PPE, UFPO notifications, licenses, safety plans, traffic control, soil erosion, backfill, and restoration work associated with this project.

a. All necessary safety signage shall be provided by the Contractor.

b. All traffic control cones, and signage shall be provided by the Contractor.

c. The Contractor shall provide flaggers for traffic control.

d. Restoration shall begin as soon as duct placing operations are completed in each area, or at the direction and per the specifications Franklin, the local cities or towns, or the NYS DOT, where applicable.

e. Right-of-Way shall be restored to its original or better condition within 24 hours or as soon as practical following duct and cable placing operations.

f. All restoration shall be at the Contractor’s expense.

7. The Contractor is required to be proficient in OSHA safety regulations, underground construction (including directional boring), aerial construction, and the installation and testing of complex fiber optic networks.

8. The Contractor shall comply with all manufacturers, NEC, NESC, ANSI/TIA, BICSI, and ASTM specifications, standards, recommendations, and instructions when installing and testing the fiber optic network and associated components.

9. The Contractor shall guarantee that all installation work is performed in full compliance with the applicable provisions of OSHA, NESC, Prysmian installation standards and system‑warranty requirements, telecommunications industry practices (including BICSI and ANSI/TIA), the National Electrical Code (NEC), local fire and building codes, and all applicable FCC rules and regulations.

a. Where compliance with two or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, the most stringent requirement will be enforced unless Franklin County indicates otherwise.

b. Refer any requirements that are different but apparently equal to the Construction Administrator for a decision before proceeding.

10. The quality of the workmanship for this project shall be subject to inspection by Franklin County or Construction Administrator at any time. Should it be found that the quality of workmanship is not satisfactory, or that the requirements of the specifications are not being met, Franklin County may terminate the Contract and employ an alternative Contractor to fulfill the requirements of the Contract.

a. Franklin County will document, in writing, the problem(s) and provide a copy to the Contractor.

b. The Contractor will have thirty (30) days to repair or resolve the problem.

c. Determination that the problem has been resolved shall be at the sole discretion of Franklin County.

d. The existing Contractor shall be liable to Franklin County for all costs incurred on account thereof.

D. Materials

1. All materials used for this installation shall be new and of the best quality of their respective kind. Materials shall be installed in a neat, accurate, professional, and workmanlike manner consistent with industry standards for fiber‑optic construction.

Because the MIP Projects are covered under a federal waiver of the Build America, Buy America Act (BABA), the materials used for this Project are not required to meet BABA domestic‑origin requirements. The Contractor shall provide manufacturer data sheets for all materials to allow the County to maintain adequate project documentation.

All fiber cabling shall be permanently labeled to indicate ownership by Franklin County and shall include the appropriate Franklin County contact number.

2. All products shall conform to applicable standards of the National Electrical Manufacturer's Association and/or the American National Standards Institute and shall be listed by Underwriter's Laboratory. All equipment must be identified as to the manufacturer.

3. The Contractor shall be responsible for protecting all finished work, equipment, supplies, and materials from loss, injury, and/or damages from any cause whatsoever until final acceptance by Franklin County.

E. Drawings and Submittals The Contractor shall furnish to Franklin County for review and approval, within ten (10)…