FIBER OPTIC INFRASTRUCTURE CONSTRUCTION

5 D. Schedule RFP Advertisement April 11, 2024 Pre-Bid Call April 17, 2024 RFP Questions Due April 18, 2024 RFP Questions Response Due April 22, 2024 RFP Due Date April 29, 2024 Proposals must be submitted no later than 4:00 pm on April 29, 2024. E. Inquiries. All inquiries concerning this RFP are to be either mailed or emailed to: ErieNet LDC 1 Seneca St., 29th Fl Buffalo, New York 14203 Courtney.Italia@erienet.com F. Conditions of Proposal. All costs incurred in the preparation of a proposal responding to this RFP will be the responsibility of the Offeror and will not be reimbursed by ErieNet. G. Interpretation and Addenda Interpretation of this document shall be the responsibility of ErieNet and their representatives. All questions regarding the meaning and intent of this RFP shall be addressed to the Issuing Office. Answers to all questions will be in the form of written addenda and will be provided to all

prospective proposers. Interpretations, corrections, or changes made in any other manner will not be binding. Upon mailing, any addendum will become part of these specifications to the same extent as though originally included herein and will become binding upon all proposers. H. Instructions to Prospective Contractors/Submission of Proposals All firms wishing to participate in this process must register electronically to Courtney.Italia@erienet.com Also to participate in the pre-bidcall, please register via email to Courtney.Italia@erienet.com ** Proposals shall be emailed to Courtney.Italia@erienet.com with subject line reading “Request for Proposal for Fiber Optic Infrastructure Construction.” Failure to do so may result in premature disclosure of your proposal. It is the responsibility of the Offeror to ensure that the proposal is received by ErieNet, by the date and time specified above. Late proposals will not be considered. mailto:Courtney.Italia@erienet.com mailto:Courtney.Italia@erienet.com mailto:Courtney.Italia@erienet.com mailto:Courtney.Italia@erienet.com 6 a. Proposals shall be in a pdf format and emailed to Courtney.Italia@erienet.com b. Proposals are required to be submitted by 4:00 pm on April 29, 2024. There will not be a public opening of contractor proposals. c. Proposers MUST sign the Proposal Certification attached hereto as Schedule A. Unsigned proposals will be rejected. RESPONDENTS A. Right to Reject. ErieNet reserves the right to reject any and all proposals received in response to this RFP. A contract for the accepted proposal will be drafted based upon the factors described in this RFP. B. Small and/or Minority-Owned Businesses. Efforts will be made by ErieNet to utilize small businesses, women and/or minority owned businesses. C. Notification of Award. It is expected that a decision selecting the successful Firm will be made within four (4) weeks of the closing date for the receipt of proposals. Upon conclusion of final negotiations with the successful Offeror, all Offerors submitting proposals in response to this Request for Proposal will be informed, in writing, of the name of the successful consultant. D. No proposal will be accepted from, nor any agreement awarded to any proposer that is in arrears related to any debt or in default of any obligation owed to the LDC or Erie County. Additionally, no agreement will be awarded to any proposer that has failed to satisfactorily perform pursuant to any prior agreement with the LDC or Erie County. E. ErieNet will only contract with firms that do not discriminate against employees or applicants for employment because of race, creed, color, national origin, sex, age, disability, marital status, sexual orientation, citizenship status or any other status protected by New York State and Federal laws. F. ErieNet reserves the right to amend this RFP. ErieNet reserves the right to reject any or all proposals, or any part thereof, submitted in response to this RFP, and reserves the right to waive formalities, if such action is deemed to be in the best interest of ErieNet. ErieNet reserves the right to request additional information from any proposer. 3. PERMITS ErieNet will obtain all agreements related to easements required to permanently place the duct and all related pathway facilities. Supporting documents and drawings will be provided by ErieNet. All permit costs will be handled as a reimbursable expense to the project and need not be built into the proposal pricing. mailto:Courtney.Italia@erienet.com 7 4. SCOPE OF SERVICES A. Project 1-Elk Street bridge 1. Labor and materials to install approximately 677' of four inch galvanized conduit on the side of the Elk Street bridge over the train yard, located between Smith Street and Lee Street, in the City Of Buffalo, NY, per the attached engineering drawings. 2. Labor and materials to install two 24" X 36" handholes at each end of the conduit build. 3. A pull rope will be placed in the conduit from handhold to handhole by the contractor. 4. It is anticipated that construction will be done in Q2, 2024, pending the obtaining of permits from the various railroad companies and the City of Buffalo. All permits will be obtained by ErieNet, and hard copies must be on- site at all times. 5. The scheduling and cost of traffic control is the responsibility of the contractor. 6. The scheduling of any required railroad flaggers is the responsibility of the contractor. The cost of railroad flaggers is the responsibility of the contractor and is billable to ErieNet at cost +10%. B. Project 2-Niagara Street bridge 1. Labor and materials to install approximately 75' of four inch galvanized conduit on the side of the Niagara Street bridge over the Scajaquada Creek, located between north of Forest Ave, in the City Of Buffalo, NY, per the attached engineering drawings. 2. Labor and materials to install two 24" X 36" handholes at each end of the conduit build. 3. A pull rope will be placed in the conduit from handhold to handhole by the contractor. 4. It is anticipated that construction will be done in Q2, 2024, pending the obtaining of permits from the the City of Buffalo. All permits will be obtained by ErieNet, and hard copies must be on-site at all times. 5. The scheduling and cost of traffic control is the responsibility of the contractor. 8 C. The services and materials to be provided under this Contract, in accordance with the Contract Documents, consists of supplying and delivering all materials, equipment, labor and incidentals necessary or convenient for the construction of fiber optic infrastructure, and carry out all of the duties and obligations imposed upon the Contractor by the RFP, RFP Drawings (Schedule C), RFP Specifications and ErieNet Construction Agreement. The main features of the work shall include, but not be limited to the following: 1. Provide labor, materials, equipment, and services as specified. 2. ErieNet will provide the fiber cable and will have it shipped to the Contractor’s facility. 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 ErieNet LDC 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. D. 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 (ECC Technologies, Inc.), 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 ErieNet/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. 9 5. The Contractor, before installation of any materials, shall examine the materials which are to be applied and shall notify the Construction Administrator in writing of all defects which would affect the quality and appearance of the Work applied in place. 6. The Contractor shall provide all de-watering temporary shoring, bracing, supports, or protection systems needed to complete the Work of their Contract. The Contractor is responsible, individually, and collectively, for maintaining safe working conditions and procedures at all times. In addition, they must protect all Owner facilities, personnel, and activity areas. The Contractor is responsible for de-watering and erosion control, if required by permit. 7. The Contractor is responsible for the layout and survey of their own work, unless otherwise noted in the Invitation to Bid. 8. The Contractor is responsible for providing adequate manpower as needed throughout the course of the project to maintain the overall construction schedule. 9. The Contractor is required to clean their work area at the end of each workday. The Contractor shall provide daily debris removal to dumpsters provided by the Contractor. Failure to comply with cleaning requirements will activate Owner remedies. 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 ErieNet or the Construction Administrator prior to staging on the project site(s). 15. Construction workers shall park in areas designated by ErieNet 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. 10 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 cost 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. Smoking is not permitted on any public property within the three (3) counties (school district facilities included), except at designated locations. 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. E. 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. The Contractor shall furnish all materials, labor, equipment, and supplies, as well as perform all operations necessary to complete the installation of this fiber optic network in compliance with the specifications and drawings. 3. ErieNet’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. ErieNet will have final decision on such matters.