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HomeMy WebLinkAboutContract 38040 CITY SECRFTARY D.O.E. FILE BID P,LANS 0 CONTRACTOR'S BONDING CO. SET NO. DATE— 9/11/429 . _ -- CONSTRUCTION'S COPY CLIENT DEPARTMENT SPECIFICATIONS F AND CITY SECRETARY 3 � CONTRACT DOCUMENTS CONTRACT NO, FOR CATALINA HILL DRAINAGE RIVER CREST LANDING LOT 2, BLOCK I IN THE CITY OF FORT WORTH, TEXAS CITY PROJECT NO. P228-5412002.072800489 DOE NO. .5429 r Sy)-0208 r Mike Nioncrief Dale Fisseler,P.E. Mayor City Manager r Greg Simmons,P.E A.Douglas Rademaker,P.E. r Acting Director Director Transportation and Department of Engineering Public Works Department r r PREPARED BY "®' lis m AWAY 1501 Merrimac Circle,Suite 100 Fort Worth,Texas 75107 Phone 817.335.1121 Fax 817.335.7437 .................... STEPHEN R. JAMES 2008 ' .:•. SCR ►'ARY �a�� 63s C. "I')C 'P •.c�g c FORT S DA No.2006220-02 . At AN, ORIGINAL ob-Z°�o8 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/2/2008 DATE: Tuesday, December 02, 2008 LOG NAME: 20CATALINAHILL REFERENCE NO.: C-23212 SUBJECT: Authorize Contract with Future Telecom, Inc., in the Amount of $110,794.00 for Catalina Hill Drainage at River Crest Landing RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with Future Telecom, Inc., in the amount of$110,794.00 for Catalina Hill Drainage at River Crest Landing, Lot 2, Block 1. DISCUSSION: On March 06, 2007, (M&C C-21991) the City Council authorized the City Manager to execute an Engineering Agreement with Dunaway Associates, L.P., for Citywide groundwater seepage study and improvements (Project No. 00489) (DOE - 5411).On July 05, 2007, that Agreement was administratively amended increasing the scope of the project to include Catalina Hill drainage improvements (City Secretary Contract No. 35496). On October 16, 2007, (Ordinance No. 17840-10-2007) City Council authorized the issuance and sale of$25,000,000.00 in Storm Water Drainage Revenue Bonds, Series 2007, to fund a two-year storm water capital project program. This project will place public storm water in an underground drain pipe to carry it from Crestline Drive downhill to Catalina Court. The project was advertised as a Qualifications-Based project with selection based 55 percent on cost, 40 percent on experience and five percent on M/WBE compliance. This project was advertised on August 21, 2008, and August 28, 2008, in the Fort Worth Star-Telegram. On September 18, 2008, the following bids were received: BIDDERS AMOUNT Future Telecom, Inc. $110,794.00 B and L Construction Company $148,135.00 AUI Contractors, Inc. $238,711.90 Time of Completion: 30 Working Days. Funding in the amount of$10,360.00 is required for associated construction survey, project management, pre-construction, material testing, inspection and project dose out. Contingency for storm drainage construction is$6,000.00. Future Telecom, Inc., is in compliance with the Chy's MIME Ordinance by committing to 16 percent M/WBE participation and documenting good faith effort on this project. The City's goal on this project is 7 percent. Future Telecom, Inc., is the recommended contractor based on its significant lower cost, demonstrated http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 12/8/2008 Page 2 of 2 relevant experience and its meeting the established M/WBE goal. Catalina Hill is located in COUNCIL DISTRICT 7,Mapsco 75F. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Storm Water Capital Projects 2007 Revenue Bond Fund. TO Fund/Account/Centers FROM Fund/Account/Centers P229 541200 201280048983 $110,794.00 Submitted for City Managers Office by: Fernando Costa (6122) Originating Department Head: Greg Simmons (7862) Additional Information Contact: Joseph Bergeron (2384) http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 12/8/2008 SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CATALINA HILL DRAINAGE RIVER CREST LANDING LOT 2, BLOCK 1 No IN THE CITY OF FORT WORTH, TEXAS me CITY PROJECT NO. P228-5412002072800489 DOE NO.5429 No SD-0208 No Mike Moncrief Dale Fisseler,P.E. Mayor City Manager No Greg Simmons,RE A. Douglas Rademaker,P.E. so Acting Director Director Transportation and Department of Engineering Public Works Department r PREPARED BY DUNAWAY OFp l50]Merrimac Circle,Suite 100 * �� Fort Worth,Texas 76107 Phone 817.335.1121 Fax 817.335.7437 $r..................... r STEPHEN R.JAMES 2008 .......................... 63384 aA'. r DA No.2006220-02 r �,Z(>• TABLE OF CONTENTS PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (TPW) CONFLICT OF INTEREST QUESTIONNAIRE GREEN CEMENT POLICY COMPLIANCE STATEMENT PART B MINORITY &WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL PART C GENERAL CONDITIONS , (Included by reference from, "STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT) PART D SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS PART E SECTION E SPECIFICATIONS SECTION E100— MATERIAL SPECIFICATIONS PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE 1 PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND PART G CONTRACT 2-Table of Contents.doc PART A NOTICE TO BIDDERS COMPREHENSIVE NOTICE TO BIDDERS SPECIAL INSTRUCTIONS TO BIDDERS (TPW) r CONFLICT OF INTEREST QUESTIONNAIRE GREEN CEMENT POLICY COMPLIANCE STATEMENT 2-Table of Contenls.doc NOTICE TO BIDDERS Sealed Proposals for the following: FOR: Catalina Hill Drainage River Crest Landing Lot 2, Block 1 City Project No. P228-5412002072800489 4 DOE No. 5429 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., September 18, 2008, and then publicly opened and read aloud at 2:00 p.m., in the Council Chambers. The major work of this project includes: HORIZONTAL DIRECTIONAL DRILLING 556 LF of 12-inch diameter HDPE Storm Drain Pipe Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non-responsive. A pre-bid conference will be held on Tuesday, September 9, 2008 in Room 270, City Hall, at 11:00 a.m. Plans, Specifications and Contract Documents for this project may be purchased at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents may be purchased for a non-refundable cost of Sixty Dollars ($60.00) per set. These documents contain additional information for prospective bidders. For additional information, please contact Mr. Stephen James, P.E. with Dunaway Associates, L.P. at (817) 335-1121, or Mr. Joseph Bergeron, P.E. at (817) 392-2384. Advertising Dates: August 21, 2008 Auqust 28, 2008 3-Part A-Notice To Bidders.doc COMPREHENSIVE NOTICE TO BIDDERS Sealed Proposals for the following: FOR: Catalina Hill Drainage River Crest Landing Lot 2, Block 1 City Project No. P228-5412002072800489 DOE No. 5429 Addressed to Mr. Dale Fisseler, City Manager of the City of Fort Worth, Texas, will be received at the Purchasing Office until 1:30 p.m., September 18, 2008, and then publicly opened and read aloud at 2:00 p.m. Plans, Specifications and Contract Documents for this project may be obtained at the office of the Department of Engineering, Municipal Office Building, 1000 Throckmorton Street, Fort Worth, Texas. One set of plans and documents may be purchased for a non-refundable cost of Sixty Dollars ($60.00) per set. These documents contain additional information for prospective bidders. All bidders will be required to comply with Provision 5159a of "Vernon's Annotated Civil Statutes" of the State of Texas with respect to the payment of prevailing wage rates and City Ordinance No. 7278, as amended by City Ordinance No. 7400 (Fort Worth City Code Sections 13-A-21 through 13-A-29), prohibiting discrimination in employment practices. Bid security is required in accordance with Paragraph 2 of the Special Instructions to Bidders. The major work on this project includes: HORIZONTAL DIRECTIONAL DRILLING 556 LF 12-inch diameter HDPE Storm Drain Pipe Included in the above will be all other miscellaneous items of construction as outlined in the Plans and Specifications. Bidders are hereby notified of the time-sensitive nature of this project. Work must be substantially complete within 30 working days of the start work date. The City reserves the right to reject any and/or all bids and waive any and/or all formalities. As mandated by Fort Worth City Council Resolution 3535, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker produced. Bidder shall submit the `Green Cement Policy Compliance Statement' at the time of bid opening of the project. A copy of the Compliance Statement is included in the Contract Documents. Failure to comply with the `Green' Cement Policy shall be grounds for rejecting the bid as non-responsive. A pre-bid conference will be held on Tuesday, September 9, 2008 in Room 270, City Hall, at 11:00 a.m. 4-Part A-Comp Notice To Bidders.doc COMPREHENSIVE NOTICE TO BIDDERS AWARD OF CONTRACT: No bid may be withdrawn until the expiration of ninety (90) days from the date the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no case will the award be made until all the necessary investigations are made as to the responsibility of the bidder to whom it is proposed to award the contract. Bidders are responsible for obtaining all addenda to the contract documents and acknowledging receipt of the addenda by initialing the appropriate spaces on the proposal form. Bids that do not acknowledge receipt of all addenda may be rejected as being non-responsive. Information regarding the status of addenda may be obtained by contacting the Department of Engineering at (817) 392-7910. Bidders shall not separate, detach or remove any portion, segment or sheets from the contract document at any time. Bidders must complete the proposal section(s) and submit the complete specifications book or face rejection of the bid as non-responsive. It is recommended that the bidder make a copy of the forms included in the Minority and Women Business Enterprise section for submittal within the time-line stated below or the bidder may request a copy of said forms from the City Project Manager named in this solicitation. In accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five (5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non- responsive. For additional information, please contact Mr. Stephen James, P.E. with Dunaway Associates, L.P. at (817) 335-1121, or Mr. Joseph Bergeron, P.E. at (817) 392-2384. DALE FISSELER, P.E. MARTY HENDRIX CITY MANAGER CITY SECRETARY ADVERTISING DATES: A. DOUGLAS RADEMAKER, P.E. DIRECTOR DEPARTMENT OF ENGINEERING August 21, 2008 August 28, 2008 By: Dena Johnson, P.E. 4-Part A-Comp Notice To Bidders.doc SPECIAL INSTRUCTION TO BIDDERS (TRANSPORTATION AND PUBLIC WORKS) 1. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted must accompany the bid, and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. To be an acceptable surety on the bid bond, the surety must be authorized to do business in the state of Texas. In addition, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 2. PAYMENT, PERFORMANCE AND MAINTENANCE BONDS: The successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. In this connection, the successful bidder shall be required to furnish a performance bond and a payment bond, both in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the F' requirements of Chapter 2253, Texas Government Code. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City will accept no sureties who are in default or delinquent on any bonds or who have an interest in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and - the contractor shall immediately provide a new surety satisfactory to the City. If the contract amount is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. All contracts shall require a maintenance bond in the amount of one hundred percent (100%) of the original contract amount to guarantee the work for a period of two (2) years after the date of acceptance of the project from defects in workmanship and/or material. 6-TPW Spec Inst to Bidders(10-27-04).DOC I 3. LIQUIDATED DAMAGES: The Contractor's attention is called to Part 1, Item 8, paragraph 8.6, of the "General Provisions" of the Standard Specifications for Construction of the City of Fort Worth, Texas, concerning liquidated damages for late completion of projects. r 4. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 5. EMPLOYMENT: All bidders will be required to comply with City Ordinance No. 7278 as amended by City Ordinance No. 7400 (Fort Worth City Code Section 13-A-21 through 13-a- 29) prohibiting discrimination in employment practices. 6. WAGE RATES: Section 8.8 of the Standard Specifications for Street and Storm Drain Construction is deleted and replaced with the following: (a) The contractor shall comply with all requirements of Chapter 2258, Texas Government Code, including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258, Texas Government Code. Such prevailing wage rates are included in these contract documents. (b) The contractor shall, for a period of three(3)years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. These records shall be open at all reasonable hours for inspection by the City. The provisions of the special provision titled "Right to Audit' pertain to this inspection. (c) The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a) and (b)above. (d) With each partial payment estimate or payroll period, whichever is less, an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. (e) The contractor shall post the prevailing wage rates in a conspicuous place at the site -' of the project at all times. Section 8.9 of the Standard Specifications for Street and Storm Drain Construction is hereby deleted. 7. FINANCIAL STATEMENT: A current certified financial statement may be required by the Department of Engineering if required for use by the CITY OF FORT WORTH in determining the successful bidder. This statement, if required, is to be prepared by an independent Public Accountant holding a valid permit issued by an appropriate State Licensing Agency. S. INSURANCE: Within ten (10) days of receipt of notice of award of contract, the Contractor must provide, along with executed contract documents and appropriate bonds, proof of insurance for Worker's Compensation and Comprehensive General Liability (Bodily Injury- ' $500,000 each person, $1,000,000 each occurrence ($2,000,000 aggregate limit); Property Damage - $250,000 each occurrence). The City reserves the right to request any other insurance coverages as may be required by each individual project. Le 6-TPW Spec Inst to Bidders(I0-27-04).DOC 2 9. ADDITIONAL INSURANCE REQUIREMENTS: a. The City, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Im Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the City. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. City shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of City, Contractor shall provide complete copies of all insurance policies required by these contract documents. 10. NONRESIDENT BIDDERS: Pursuant to Article 601g, Texas Revised Civil Statutes, the City of Fort Worth will not award this contract to a non resident bidder unless the nonresident's bid is lower than the lowest bid submitted by a responsible Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 6-TPW Spec Inst to Bidders(I0-27-04).DOC 3 "Nonresident bidder" means a bidder whose principal place of business is not in this state, but excludes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. "Texas resident bidder" means a bidder whose principal place of business is in this state, and includes a contractor whose ultimate parent company or majority owner has its principal place of business in this state. J This provision does not apply if this contract involves federal funds. The appropriate blanks of the Proposal must be filled out by all non resident bidders in order for its bid to meet specifications. The failure of a nonresident contractor to do so will automatically disqualify that bidder. 11. MINORITY AND WOMEN BUSINESS ENTERPRISES: In a accord with City of Fort Worth Ordinance No. 15530, the City of Fort Worth has goals for the participation of minority business enterprises and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The bidder shall submit the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM , PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM ("with Documentation") and/or the JOINT VENTURE FORM as appropriate. The Documentation must be received by the managing department no later than 5:00 p.m., five(5) City business days after the bid opening date. The bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the documentation was received by the City. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the Owner complete and accurate information regarding actual work performed by a minority business enterprise (MBE) and/or women business enterprise (WBE) on the contract and payment thereof. Contractor further agrees to permit any audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of facts (other than a negligent misrepresentation) and/or commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate Federal, State or local laws or ordinances relating to false statements. Further, any such misrepresentation facts (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less that three (3)years. 12. AWARD OF CONTRACT: Contract will be awarded to the bidder that offers the best value to the City based on the following criteria and on its ranking evaluation. In determining the Best Value,the City will consider: a. Proposed price (55%) b. Reputation/experience of the contractor as demonstrated by past project work and the report of references (40%) c. Proposed level of MIWBE participation (5%) NOTE: The HORIZONTAL DIRECTIONAL DRILLING contractor must demonstrate that he meets the experience qualifications listed in Section 1.1E of technical specification, "Section 02300 - Horizontal Directional Drilling (HDD)/HDPE Pipe" by completing and submitting the EXPERIENCE RECORD in Section F of this document with the bid proposal. The experience should,at a minimum,show the following: r 6-TPW Spec Inst to Bidders(10-27-04).DOC 4 r 1. Project list with references 2. Key personnel with number of years experience with HDD 3. Evidence that the contractor has installed directionally drilled pipe at least as large as 12 inches in diameter, have performed crossings at least 600 feet in length, and successfully installed at least 10,000 feet in length. The City reserves the right to reject any and/or all bids and waive any and/or all irregularities. No bid may be withdrawn until the expiration of ninety (90) days from the date the MBE/WBE UTILIZATION FORM SUBCONTRACTOR/SUPPLIER UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM, GOOD FAITH EFFORT FORM, and/or the JOINT VENTURE FORM ("Documentation") as appropriate is received by the City. The award of contract, if made, will be within ninety (90) days after this documentation is received, but in no - case will the award be made until all the responsibility of the bidder to whom it is proposed to award the contract has been verified. 13. PAYMENT: The Contractor will receive full payment (minus retainage) from the City for all work for each pay period. Payment of the remaining amount shall be made with the final payment, and upon acceptance of the project. 14. ADDENDA: Bidders are responsible for obtaining all addenda to the contract documents prior to the bid receipt time and acknowledging them at the time of bid receipt. Information regarding the status of addenda may be obtained by contacting the Plans Desk of the Department of Engineering Construction Division at (817) 871-7910. Bids that do not acknowledge all applicable addenda may be rejected as non-responsive. 15. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. Definitions: Certain of coverage ("certificate").A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement(TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory worker's compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or toner services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6-TPW Spec Inst to Bidders(I0-27-04).DOC 5 a F { b. The contractor shall provided coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011 (44) or all employees of the contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. e. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter g. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. h. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011 (44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 6-TPW Spec Inst to Bidders(10-27-04).DOC 6 3 (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project " and for one year thereafter. (6) notify the governmental entity in wiring by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be - covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative, criminal, civil penalties or other civil actions. k. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. B. The contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker" compensation insurance. This includes persons providing, hauling or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". 6-TPW Spec Inst to Bidders(10-27-04).DOC 7 r Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 16. NON DISCRIMINATION: The contractor shall not discriminate against any person or persons because of sex, race, religion, color, or national origin and shall comply with the provisions of City Ordinance 7278, as amended by City Ordinance 7400 (Fort Worth City Code Sections 13A-21 through 13A-29), prohibiting discrimination in employment practices. 17. AGE DISCRIMINATION: In accordance with the policy("Policy")of the Executive Branch of the federal government, contractor covenants that neither it nor any of its officers, members, agents, or employees, will engage in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against person because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, or employees, or person acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this Contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory requirement. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any and all claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this Contract. 18. DISCRIMINATION DUE TO DISABILITY: In accordance with the provisions of the Americans with Disabilities Act of 1990 ("ADA"), Contractor warrants that it will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or current employees of Contractor. Contractor warrants it will fully comply with ADA's provisions and any other applicable federal state and local laws concerning disability and will defend indemnify and hold City harmless against any claims or allegations asserted by third parties against City arising out of Contractor's alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this Contract. 19. PROGRESS PAYMENTS, FINAL PAYMENT, PROJECT ACCEPTANCE AND WARRANTY: a. The contractor will receive full payment(less retainage)from the city for each pay period. b. Payment of the retainage will be included with the final payment after acceptance of the project as being complete. c. The project shall be deemed complete and accepted by the City as of the date the final punch list has been completed, as evidenced by a written statement signed by the contractor and the City. d. The warranty period shall begin as of the date that the final punch list has been completed. e. Bills Paid Affidavit and Consent of Surety shall be required prior to final payment becoming due and payable. 6-TPW Spec Inst to Bidders(10-27-04).DOC 8 f. In the event that the Bills Paid Affidavit and Consent of Surety have been delivered to the city and there is a dispute regarding (i)final quantities, or(ii) liquidated damages, city shall make a progress payment in the amount that city deems due and payable. g. In the event of a dispute regarding either final quantities or liquidated damages, the parties shall attempt to resolve the differences within 30 calendar days. 6-TPW Spec Inst to Bidders(10-27-04).DOC 9 CONFLICT OF INTEREST DISCLOSURE REQUIREMENT Pursuant to Chapter 176 of the Local Government Code,any person or agent of a person who contracts or seeks to contract for the sale or purchase of property, goods, or services with a local governmental entity(i.e. The City of Fort Worth) must disclose in the Questionnaire Form CIQ("Questionnaire")the person's affiliation or business relationship that might cause a conflict of interest with the local governmental entity. By 'r law,the Questionnaire must be filed with the Fort Worth City Secretary no later than seven days after the date the person begins contract discussions or negotiations with the ° City, or submits an application or response to a request for proposals or bids, correspondence,or another writing related to a potential agreement with the City. Updated Questionnaires must be filed in conformance with Chapter 176. '~ A copy of the Questionnaire Form CIQ is enclosed with the submittal documents. The form is also available at http://www.ethics.state.tx.us/forms/CIO.pdf. If you have any questions about compliance,please consult your own legal counsel. Compliance is the individual responsibility of each person or agent of a person who is subject to the filing requirement. An offense under Chapter 176 is a Class C misdemeanor. t CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire is being filed in accordance with chapter 176 of the Local OFFICEUSEONLY Government Code by a person doing business with the governmental entity. Date Received — By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local ` Government Code.An offense under this section is a Class C misdemeanor. Name of person doing business with local governmental entity. Z Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a), Local Government Code, is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) = s Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local government officer of the local governmental entity with respect to expenditure of money. r ' � 4 Describe each affiliation or business relationship with a person who is a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. ©NWL— Amended 0111312005 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5 Name of local government officer with whom filer has affilitation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section, item 5 including subparts A, B. C & D, must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. F A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? a Yes No B. Is the filer of the questionnaire re iving or likely to receive taxable income from or at the direction of the local government officer named in this section AN the taxable income is not from the local governmental entity? ElYes No C. Is the filer of this questionnaire aff iated with a corporation or other business entity that the local govemment officer serves as an officer or director, or holds 3n ownership of 10 percent or more? 0 Yes No D. Describe each affiliation or business relationship. 6 Describe any other affiliation or business relationship that might cause a conflict of Interest. do IV a- 71 Signature of person business with the governmental entity Date Amended 01113/20DS r. GREEN CEMENT POLICY COMPLIANCE STATEMENT (To be furnished by the Contractor to the City at the time of bid opening) (Submit separate forms for each supplier product supplier) Name of Project: CATALINA HILL DRAINAGE City Proj. No.: P228-5412002072800489 This is to certify that the cement to be utilized for the above project will meet the following criteria: The cement was manufactured in a kiln utilizing the dry process (list source below) or in a kiln that meets the emission standard of 1.7Ib or less of NOx/ton of clinker released into the atmosphere. Name of Manufacturer Address of Manufacturer: --7.-fim T�.Woo ru T4 7&1(0(-- CONTRACTOR SUPPLIER ,:1L-3 L:�- Name _ Nam !,,,. �- Title Title Company Company Phone Number Phone Number f, PART B MINORITY & WOMEN'S BUSINESS ENTERPRISES SPECIFICATIONS PROPOSAL 2-Table of Contenls.doc FORT WORTH City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value{of the contract rs$25,000 or more;the M/WBE'gaal rs applicable Ktfi6 totaldollar walue;o the:contract is less than$25,000;the M/WBE goal As not applicable POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. _ M/WBE PROJECT GOALS The City's M/WBE goal on this project is 7% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS R On City contracts of$25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated MNVBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order ,. for the entire bid to be considered responsive to the specifications. he Offoror shnif deriver ifie M'JVBE documentation ii) person to tie appropriate employs:c of the managing department artd obtai,'i a date-glma ree.e:pt. Such rcccipt shall be eviccr ice that the City received the, docurentation in the time allocated_ A faxes! copy will Trot be accr fPt0d. 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no M/WBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. openingdate, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE,WILL RESULT IN THE Bit):BEING CONSIDERED. NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 392-6104. Rev.11/11/05 ATTACHMENT 1A FORT WORTH Page 1 of 4 City of Fort Worth w Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE Catalina Hill Drainage BID DATE River Crest Landing Lot 2, Block 1 DOE No. 5429 q b City's M/WBE Project Goal: Prime's M/WBE Project Utilization: g�, PROJECT NUMBER 7% % P228-5412002072800489 Identify all subcontractors/suppliers you Will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid.opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees, to enter,.into a, formal agreement: with the: MNVBE firm(s)_ listed in. this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MNVBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, J,e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the MNVBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MNVBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full MNVBE credit. The MNVBE may lease trucks from non-MNVBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MNVBE as outlined in the lease agreement. Rev.5/30/03 ATTACHMENT 1A Page 2 of 4 FORT WORTH Primes are required to identify ALL subcontractors/suppliers, regardless of status;,he., Minority,Women and non-M/WBEs. Please list M/V1/BE firms first, use additional sheets if rfec,Sssary. Certification N q �L (check one) n SUBCONTRACTOR/SUPPLIER T N T Detail Detail Company Name i C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M W T D W Telephone/Fax r B B R O 8 E E C T r n A tQoa-�t�o1 r r r Rev.5/30/03 FORT WORTH ATTACHMENT Page 4 of 4 Total Dollar Amount of M/WBE Subcontractors/Suppliers $ c Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers 8N $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 061j nq The Contractor wilV not make additions, deletions, orsubstitutions to this certified iist without the prior approval f W " ntero y pse�Ofice Manager, .or designee through; the submittal, of..a Request for Approval of Change/Addition. Any unj'ustified change or deletion"shall be"a.material breach.of contract and may result �n debarment in.;accord with;the"procedures outlined in the,ordmanee The contractor shall submit a detailed explanation . how fhe.requested 6h66ge/addition or"deletion will affect the committed V. M/INBE goal. If the detail explan"ation is riot submitted, it"will`affect'the final cor pliarice"determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MM/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any _ intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Namerritle(if different) Company Name Telephone and/or Fax !--I QSAa':a C��= Address E-mail Addr(ass '�" %:� I �M Citylstahk ip Date r Rev.5/30/03 nd ATTACHMENT 1 B FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waives Form PRIME COMPANY NAME: Check applicable block to describe 06) prime PROJECT NAME: MNv/DBE NON-MNv/DBE Catalina Hill Drainage BID DATE River Crest Landing Lot 2, Block 1 0 DOE No. 5429 City's M/WBE Project Goal: PROJECT NUMBER 7% P228-5412002072800489 If both answers to this form are YES, do not complete ATTACHMENT 1 C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Mana- ing Department on or before 5:00 p.m.,five N.City bui mess days after_bid opening, exclusive,ofthe bid,opening date,will result in the bid being,cohsldered non responsive to lj'i°d specifications Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? Y S If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. 1Vr NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information �. regarding actual work performed by all subcontractors, including M/WBE(s) on this contract, the payment therefore and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3)years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one 1 year. Authorized Signatureffl5 Printed Signature Title Contact Name(if different) Company Name `,. \�� Phone N umber Fax N �be�rp� .«L + " )"'"' �"R"4 ," 1a Addrass Email Address TX- Gtty/Statemp — Rev.5/30/03 i ATTACHMENT 1C Page 1 of 3 FORT NORTH City of Fort Worth Good Faith Effort Form PRIME COMPANY NAME: : beck applicable block to describe c� prime aw 1�cv2� M86//DBE NON-M/W/DBE PROJECT NAME: Catalina Hill Drainage BID DAlt River Crest Landing Lot 2, Block 1 DOE No. 5429 City's M/WBE Project Goal: PROJECT NUMBER 7% P228-5412002072800489 .. If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal,you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5;00 p.m.five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. Please list each and every subcontracting and/or supplier opportunityl for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE.(DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. 1.) (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities o v Rev.061303 Joint Venture Page 1 of 3 F_ OAT., WORTH CITY OF FORT WORTH Joint Venture Eligibility Form All questions must be answered;use"NA"if applicable. Name of City project: Catalina Hill Drainage River Crest Landing Lot 2, Block 1 DOE No. 5429 A joint venture fora must be completed on each project RFPBid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture M/WBE firm i i Non-M/WBE name: N firm onme: r — Business Address'. Busincss Address; City,state,Zip: City,State,Zip: Tcicphonr Facsimile Email Telephone Facsimile Ccllularellu[ar Certification Status: E-mail addmss Name of Certifying Agency: +':r^ 2. Scope of work performed by the Joint Venture: Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: v af� Rev.5/30/03 Joint Venture Page 2 of 3 3.What is the percentage of AMBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do omplete if t is inform tion is described in joint venture agreement) Profit and loss'sharing: Capital contributions,including equipment: Other applicable ownership interests: 6. Identify by name, race,sex and firm those individuals(w' titles)w o are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---------------------------------------------- b. Marketing and Sales --------------------------------------------- c. Hiring and Firing of management personnel ---------------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations �. The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's M/WBE Ordinance. Rev. 5M3 03 Joint Venture Page 3 of AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. --------------------------------------------------------------------------------------------------------------------------- Name of non-M/WBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Prin ed Name of Owner Signature of Owner Si atur Owner Title Titl Date Date Notarization State of County of On this day of ,20 ,before me appeared and to me personally known and who, being duly sworn,did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public signature Commission Expires (seaq Rr,v PROPOSAL TO: Mr. Dale Fisseler, P.E. City Manager Fort Worth, Texas FOR: Catalina Hill Drainage River Crest Landing Lot 2, Block 1 City Project No. P228-5412002072800489 DOE No. 5429 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications and subject to the inspection and approval of the Director, Department of Engineering of the City of Fort Worth. Upon acceptance of this proposal by the City Council, the bidder is bound to execute a contract and furnish Performance, Maintenance Bond, and Payment Bond approved by the City of Fort Worth for performing and completing of the said work within the time stated and for the following sum, to-wit: PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 1, 50 LF Install 12"HDPE Pipe by Open Cut Dollars and '�— Cents per LF $ $ 2. 556 LF Install 12"HDPE Wipe by Horizontal Directional rill' g Z Dollars and y Cents per LF 3. 5 LF Install 8"SDR35 PVC Pipe by Open Cut(all Depths) S,w . Dollars and I -;(-,r" Cents per LF $ $ .av 4. 1 EA Install 24"x 36"Stainless Steel Grate @ Inlet Dollars and Cents EA $ 1b' $ r 5. 2 EA Install Standard Cleanout i\Vf_ Dollars and `- Cents EA $Q lam— $ 'L y 6. 1 EA Install Slot Overflow Structure fr F'T �L6or� iC' Dollars and Cents EA r 12-Part B-Proposal.doc Proposal- 1 w PROPOSAL .w PAY APPROX. DESCRIPTION OF ITEMS UNIT TOTAL ITEM QUANTITY WITH BID PRICES WRITTEN IN WORDS VALUE VALUE 7. 1 EA Install Outlet Structure �Lk2+t �llsc,�,.tin Dollars and Cents EA $ } $ 8. 2 EA Cut and plug existing 18"RCP SrA'Lr1 Dollars and Cents EA $ $ 9. 1 EA Connection to Existing 8"PVC TI+�lr 6UN04Ajc� Dollars and Cents EA $ $ 10. 1 EA Connect 12"HDPE Pipe to Existing Curb Inlet � &A- Y�1 U NbP f.1a Dollars and Cents EA $ c ti $ 11. 90 LF Remove and Replace Chain Link Fence �4?✓'t+rl4+.� Dollars and Wit.-`--" Cents per LF $ `j $ 12. 18 LF Remove and Dispose of 18"RCP 1 i iQ- U �A Dollars and Cents per LF $ $ 13. 100 SY Sodding �Z� e Dollars and Cents per SY $ l0 $ 14. 50 LF Trench Safety Dollars and Cents per LF $ f l $ 15. 2 EA Project Designation Sign noD " Dollars and � '� Cents per EA $ o $ �+!" 16. 2 CY Top Soil �ucvtYL41� —F-FC`[��-1 Dollars and Cents per CY $ C7 ' ' $ r," 17. 1 LS Traffic Control Plan IlunlpR4� —���Z�/ Dollars and Cents per LS $ $ TOTAL AMOUNT BID $ _1 to lcvi 12-Part B-Proposal.doc Proposal-2 ~' PROPOSAL Contract will be awarded to the bidder that offers the best value to the City based on the following criteria and on its ranking evaluation. In determining the Best Value, the City will consider: a. Proposed price (55%) b. Reputation/experience of the contractor as demonstrated by past project work and the report of references (40%) c. Proposed level of M/WBE participation (5%) NOTE: The HORIZONTAL DIRECTIONAL DRILLING contractor must demonstrate that he meets the experience qualifications listed in Section 1.1 E of technical specification, "Section 02300 - Horizontal Directional Drilling (HDD)/HDPE Pipe" by completing and submitting the EXPERIENCE RECORD in Section F of this document with the bid proposal. The experience should, at a minimum, show the following: 1. Project list with references 2. Key personnel with number of years experience with HDD 3. Evidence that the contractor has installed directionally drilled pipe at least as large as 12 inches in diameter, has performed crossings at least 600 feet in length, and successfully installed at least 10,000 feet in length. Within ten (10) days,of notification by City, the undersigned will execute the formal contract and deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of this Contract. The attached bid security in the amount of 5% is to become the property of the City of Fort Worth, Texas, in the event the contract and bond or bonds are not executed and delivered within the time above set forth as liquidated damages for the delay and additional work caused thereby. The undersigned bidder certified that he has obtained at least one set of the Transportation and Public Works Department's Standard Specifications for Street and Storm Drain Construction, latest edition, and Public Works Construction Standards, North Central Texas Council of Governments, latest edition, and that he has read and thoroughly understands all the requirements and conditions of those General Documents, and the specific Contract Documents and appurtenant plans. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance No. 7278 as amended by the City Ordinance No. 7400. The Bidder agrees to begin construction within 10 calendar days after issue of the work order, and to complete the contract within 30 working days after beginning construction as set forth in the written work order to be furnished by the Owner. The work order will be issued no later than 90 days after the award of contract. 12-Part B-Proposal.doc Proposal -3 so PROPOSAL Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders b state law. 1_I on-resident vendors in (give state), are not required to un rbid resident bidders. B. 1 The principal place of business of our company or our parent company or majority owner is in the State of Texas. 12-Part B-Proposal.doc Proposal-4 PROPOSAL STATEMENT OF MATERIALS AND OTHER CHARGES MATERIALS INCORPORATED INTO THE PROJECT $ ALL OTHER CHARGES $ � *TOTAL $ � ,�1CiLt *this total must agree with the total figure shown in Proposal, TOTAL AMOUNT BID in the bound contract. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no less than the invoice price for such material to the Contractor. NOTE: ONLY THE COPY OF THIS FORM ON THE BOUND CONTRACTS IS TO BE FILLED OUT. 12-Part B-Proposal.doc Proposal -5 ■ PROPOSAL 4 7 Receipt is acknowledged of the following addenda: Addendum No. 1 (initials) Addendum No. 2 (initials) Addendum No. 3 (initials) Respectfully submitted, By: Name: Title: Address: (SEAL) if Bidder is Corporation Date: Telephone: r 12-Part B-Proposal.doc Proposal-6 PART C GENERAL CONDITIONS (Included by reference from, "STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION, CITY OF FORT WORTH, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT) 2-Table of Contents.doc PART D SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS 2-Table of Contents.doc SPECIAL PROVISIONS FOR STREETAND STORM DRAIN IMPROVEMENTS Tabu of Contents 1. SCOPE OF WORK....................................................................................................SP-3 2. AWARD OF CONTRACT..........................................................................................SP-3 3. PRECONSTRUCTION CONFERENCE.....................................................................SP-3 4, EXAMINATION OF SITE ............................:.............................................................SP-3 5. BID SUBMITTAL.......................................................................................................SP-4 6. WATER FOR CONSTRUCTION...............................................................................SP-4 7. SANITARY FACILITIES FOR WORKMERS..............................................................SP-4 8, PAYMENT......................................____..................................................................SP-4 9. SUBSIDIARY WORK.................................................................................................3P-4 10. LEGAL RELATIONS AND RESPONSIBILITIES TOTHE PUBLIC.......................................................................................................SP-4 11. WAGE RATES ..........................................................................................................SP-4 12. EXISTING UTILITIES............................................ .............SP-6 13. PARKWAY CONSTRUCTION...............................................___...........................SP-6 14. MATERIAL STORAGE..............................................................................................SP-6 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS.............................................................................................SP-6 16. INCREASE OR DECREASE IN QUANTITIES.......___...........................................SP-6 17. CONTRACTORS RESPONSIBILITY FOR DAMAGE CLAIMS..................................SP-7 18, EQUAL EMPLOYMENT PROVISIONS......................... ........... ................._...._SP-7 19. MINORITY AND WOMEN$ BUSINESS ENTERPRISE' (MIWBE) COMPLIANCE. ...........................................................................................SP-7 20. FINAL CLEAN UP......................................................................................................SP-9 21. CONTRACTOR'S COMPLIANCE WITH WORKER'S COMPENSATION LAW.............................................................................................SP-9 22. SUBSTITUTIONS.....................................................................................................SPA 2 23. MECHANICS AND MATERIALSMEN'S LIEN...........................................................SP-13 24. WORK ORDER DELAY ..........__...... ....__.......__... ....... ........... .......... ....... .....SPA 25. WORKING DAYS 26. RIGHT TO ABANDON .............................................................................................SP-13 27. CONSTRUCTION SPECIFICATIONS .....................................................................SP-13 28, MAINTENANCE STATEMENT ............SP-13 29. DELAYS .......................................................................................................SP-13 30. DETOURS AND BARRICADES ...............................................................................SP-14 31. DISPOSAL OF SPOIL/FILL MATERIAL ..................................................................SP-14 32. QUALITY CONTROL TESTING ..............................................................................SP-14 33. PROPERTY ACCESS .............................................................................................SP-15 34. SAFETY RESTRICTIONS-WORK NEAR HIGH VOLTAGE LINES ......................SP-15 35. WATER DEPARTMENT PRE-QUALIFICATIONS ...................................................SP-15 36, RIGHT TO AUDIT ....................................................................................................SP-16 37. CONSTRUCTION STAKES .....................................................................................SP-16 38, LOCATION OF NEW WALKS AND DRIVEWAYS .......................__.......................SP-17 39. EARLY WARNING SYSTEM FOR CONSTRUCTION..............................................SP-17 40. AIR POLLUTION WATCH DAYS .............................................................................SP-17 04/15/08 Sp-1 SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS Table of Contents CONSTRUCTION ITEMS: 41. PAY ITEM- Install 12-inch HDPE by Open Cut..................................................SP-18 42, PAY ITEM- Install 12-inch HDPE by Horizontal Directional Drilling....................SP-18 43. PAY ITEM- Install 8-inch SDR-35 PVC Pipe by Open Cut.................................SP-18 44. PAY ITEM - 24" x 36" Stainless Steel Grate....................................................—SP-18 45. PAY ITEM- Standard Cleanout..........................................................................SPA 8 46. PAY ITEM- Slot Overflow Structure.......... ............... ............... ....... ............SP-19 47. PAY ITEM- Outlet Structure............................... ............SP-19 48, PAY ITEM - Cut and Pluq Existing 18-inch RCP .,....... ......_.......... ......... ......SP-19 49. PAY ITEM - Connection to Existing 8-inch PVC.................................................SP-19 50, PAY ITEM- Connection to Existing Curb Inlet.............­­.... ......­..........­ .....SP-19 51. PAY ITEM - Remove and Replace Chain Link Fence.........................................SP-19 52. PAY ITEM - Remove 18-inch RCP.............___..._....... .......__......._SPA 9 53. PAY ITEM - Sodding...................... ........................................ .................. .......SP-20 54, PAY ITEM - TRENCH SAFETY.,,..,,.....__........... ....... .......___....SP-20 55. PRE BID ITEM- PROJECT DESIGNATION SIGN...................................................SP-20 56. PRE BID ITEM-TOP SOIL._... .......__....... ......_... ....... ......SP-21 57. NON-PAY ITEM-CLEARING AND GRUBBING......................................................SP-21 58. NON-PAY ITEM- PROTECTION OF TREES, PLANTS AND SOILS...:................SP-21 59. NON-PAY ITEM- PROJECT CLEAN-UP.................................................................SP-21 60. NON-PAY ITEM- PROJECT SCHEDULE............. .......—SP-22 61. NON-PAY ITEM- NOTIFICATION OF RESIDENTS................................................SP-22 62. NON-PAY ITEM- PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION.....................................................................................................SP-22 63. NON-PAY ITEM- PRE-CONSTRUCTION NEIGHBORHOOD MEETING............._SP-23 64, NON-PAY ITEM -SAWCUT OF EXISTING CONCRETE..........................................SP-23 65, NON-PAY ITEM- SPRINKLER HEAD ADJUSTMENT,........ ....... ...__........ ....SP-23 66. NON-PAY ITEM—FEE FOR STREET USE PERMITS AND RE-INSPECTIONS,..,,SP-23 67, NON-PAY ITEM-TEMPORARY EROSION, SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE) ...........................................................................................SP-23 68. NON-PAY ITEM—'GREEN' CEMENT POLICY........................................................SP-26 69. PAY ITEM -TRAFFIC CONTROL .......... ....... ....... ....... ......SP-26 04/15/08 S P-2 .� SPECIAL PROVISIONS FOR STREET AND STORM DRAIN IMPROVEMENTS FOR: Catalina Hill Drainage CITY PROJECT NO. P228-5412002072800489 River Crest Landing DOE No. 5429 Lot 2, Block 1 1. SCOPE OF WORK: The work covered by these plans and specifications consist of the following: Installation of 556 LF of 12-inch diameter HDPE storm drain pipe by horizontal directional drilling, and all other miscellaneous items of construction to be performed as outlined in the plans and specifications which are necessary to satisfactorily complete the work. 2. AWARD OF CONTRACT: Contract will be awarded to the bidder that offers the best value to the City based on the following criteria and on its ranking evaluation. In determining the Best Value, the City will consider: a. Proposed price (55%) b. Reputation/experience of the contractor as demonstrated by past project work and the report of references (40%) c. Proposed level of M/WBE participation (5%) NOTE: The HORIZONTAL DIRECTIONAL DRILLING contractor must demonstrate that he meets the experience qualifications listed in Section 1.1E of technical specification, "Section 02300 - Horizontal Directional Drilling (HDD)/HDPE Pipe." Bidders are hereby informed that the Director of the Department of Engineering reserves the right to evaluate and recommend to the City Council the bid that is considered to be in the best interest of the City. 3. PRECONSTRUCTION CONFERENCE: The successful Contractor, Engineer, and City - City shall meet at the call of the City for a preconstruction conference before any of its work begins on this project. At this time, details of sequencing of the work, contact individuals for each party, request for survey, and pay requests will be covered. Prior to the meeting, the Contractor shall prepare schedules showing the sequencing and progress of their work and its effect on others. A final composite schedule will be prepared during this conference to allow an orderly sequence of project construction. As used herein, the term "Engineer" shall mean the design engineer who prepared and sealed the plans, specifications and contract documents for this project. 4. EXAMINATION OF SITE: It shall be the responsibility of the prospective bidder to visit the project site and make such examinations and explorations as may be necessary to determine all conditions that may affect construction of this project. Particular attention 04/15/08 S P-3 should be given to methods of providing ingress and egress to adjacent private and public properties, procedures for protecting existing improvements and disposition of all materials to be removed. Proper consideration should be given to these details during preparation of the Proposal and all unusual conditions that may give rise to later contingencies should be brought to the attention of the City prior to the submission of the Proposal. During the construction of this project, it is required that all parkways be excavated and shaped including bar ditches at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Engineer. During construction of this project, the Contractor shall comply with present zoning requirements of the City of Fort Worth in the use of vacant property for storage purposes. 5. BID SUBMITTAL: Bidders shall not separate, detach or remove any portion, segment or sheets from the contract documents at any time. Failure to bid or fully execute contract without retaining contract documents intact may be grounds for designating bids as "non- responsive" and rejecting bids as appropriate and as determined by the Director of the Engineering Department. 6. WATER FOR CONSTRUCTION: Water for construction will be furnished by the Contractor at his own expense. 7. SANITARY FACILITIES FOR WORKERS: The Contractor shall provide all necessary conveniences for the use of workers at the project site. Specific attention is directed to this equipment. 8. PAYMENT: The Contractor shall receive full payment from the City for all the work based on unit prices bid on the proposal and specified in the plans and specifications and approved by the Engineer per actual field measurement. 9. SUBSIDIARY WORK: Any and all work specifically governed by documentary requirement for the projects, such as conditions imposed by the Plans, the General Contract Documents or these special Contract Documents, in which no specific item for bid has been provided for in the Proposal, shall be considered as a subsidiary item or work, the cost of which shall be included in the price bid in the Proposal for each bid item, including but not limited to surface restoration cleanup and relocation of mailboxes. All objectionable matter required to be removed from within the right-of-way and not particularly described under these specifications shall be covered by Item No. 102 "Clearing and Grubbing" and shall be subsidiary to the other items of the contract. 10. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC: The Contractor's particular attention is directed to the requirements of Item 7, "Legal Relations and Responsibilities to the Public" of the "Standard Specifications for Street and Storm Drain Construction". 11. WAGE RATES: Compliance with and Enforcement of Prevailing Wage Laws Duty to pay Prevailing Wage Rates. 04/15/08 SP-4 w The contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates _ stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. qW On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the contractor in the construction of the work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City, The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. 04/15/08 SP-5 With each partial payment estimate or payroll period, whichever is less, the contractor shall submit an affidavit stating that the contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Wage Rates. The contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. (Wage rates are attached at the end of this section.) 12. EXISTING UTILITIES: The locations and dimensions shown on the plans relative to existing utilities are based on the best information available. It shall be the Contractor's responsibility to verify location of adjacent and/or conflicting utilities sufficiently in advance of construction in order that he may negotiate such local adjustments as are necessary in the construction process in order to provide adequate clearance. The Contractor shall take all necessary precautions in order to protect all services encountered. _ Any damage to utilities and any losses to the utility City due to disruption of service resulting from the Contractor's operations shall be at the Contractor's expense. 13. PARKWAY CONSTRUCTION: During the construction of this project, it will be required that all parkways be excavated and shaped at the same time the roadway is excavated. Excess excavation will be disposed of at locations approved by the Director of the Engineering Department. 14. MATERIAL STORAGE: Material shall not be stored on private property unless the Contractor has obtained permission from the property City. 15. PROTECTION OF EXISTING UTILITIES AND IMPROVEMENTS: The Contractor shall take adequate measures to protect all existing structures, improvements and utilities, which may be encountered. The utility lines and conduits shown on the plans are for information only and are not guaranteed by the City or the Engineer to be accurate as to extent, location and depth, they are shown on the plans as the best information available at the time of design, from the Owners of the utilities involved and from evidences found on the ground. 16. INCREASE OR DECREASE IN QUANTITIES: The quantities shown in the Proposal are approximate. It is the Contractor's sole responsibility to verify all the minor pay item quantities prior to submitting a bid. No additional compensation shall be paid to Contractor for errors in the quantities. Final payment will be based upon field measurements. The City reserves the right to alter the quantities of the work to be performed or to extend or shorten the improvements at any time when and as found to _ be necessary, and the Contractor shall perform the work as altered, increased or decreased at the unit prices as established in the contract documents. No allowance will 04/15/08 S P-6 _ be made for any changes in anticipated profits or shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract Documents. Variations in quantities of storm drain pipes in depth categories shall be interpreted herein as applying to the overall quantities of storm drain pipe in each pipe size but not to the various depth categories. 17. CONTRACTOR'S RESPONSIBILITY FOR DAMAGE CLAIMS: Contractor Covenants and agrees to indemnify City's Engineer and Architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of; or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of City, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the City from and against any and all injuries to City's officers, servants and employees and any damage, loss or destruction to property of the City arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of City, its officers, servants or employees. In the event City receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to City satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides City with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to accept bids on other City of Fort t Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 18. EQUAL EMPLOYMENT PROVISIONS: Contractor shall comply with City Ordinance Number 7278 as amended by City Ordinance Number 7400 (Fort Worth City Code Sections 13-A-21 through 12-A-29) prohibiting discrimination in employments practices. The Contractor shall post the required notice to that effect on the project site, and at his request, will be provided by assistance by the City of Fort Worth's Equal Employment Officer who will refer any qualified applicant he may have on file in his office to the Contractor. Appropriate notices may be acquired from the Equal Employment Officer. 19. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) COMPLIANCE: In accordance with City of Fort Worth Ordinance No. 15530, the City has goals for the participation of minority business enterprises and women business enterprises in City contracts. The Ordinance is incorporated in these specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the ordinance shall be a material breach of contract. r 04/15/08 SP-7 _ M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM AND GOOD FAITH EFFORT FORM, as applicable, must be submitted within fine (5) city business days after bid opening. Failure to comply shall render the bid non-responsive. Upon request, Contractor agrees to provide the City complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in its possession that will substantiate the actual work performed by an MBE and/or WBE. The misrepresentation of acts (other than a negligent misrepresentation) and /or the commission fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further, any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result in the Contractor being determined to be irresponsible and barred from participating in City work for a period of time not less than three years. The City will consider the Contractor's performance regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE Ordinance, or to demonstrate "good faith effort", shall result in a bid being rendered non-responsive to specifications. Contractor shall provide copies of subcontracts or co-signed letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor wo shall also provide monthly reports on utilization of the subcontractors to the City's M/WBE office. so The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All M/WBE Contractors used in meeting the goals must be certified prior to the award of the Contract. The M/WBE Contractor(s) must be certified by either the North Central Texas Regional Certification Agency (NCTRCA) or Texas Department of Transportation (TxDOT), Highway Division and must be located in the nine (9) county marketplace or currently doing business in the marketplace at time of bid. The Contractor shall contact all such M/WBE subcontractors or suppliers prior to listing them on the M/WBE utilization or good faith effort forms as applicable. Failure to contact the listed M/WBE subcontractor or supplier prior to bid opening may result in the rejection of bid as non- responsive. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order exceeds 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contract shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 04/15/08 SP-8 mm 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: s a. Failure of Subcontractor to provide evidence of coverage by Worker's Compensation Insurance. s b. Failure of Subcontractor to provide required general liability of other insurance. C. Failure of Subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan. d. Default by the M/WBE subcontractor or supplier in the performance of the subcontractor. Within ten (10) days after final payment from the City, the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier used on the project, inclusive of M/WBEs. 20. FINAL CLEAN-UP: Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been completed. No more than seven days shall elapse after completion of construction before the roadway and R.OW. is cleaned up to the satisfaction of the Engineer. The Contractor shall make a final cleanup of all parts of the work before acceptance by the City or its representative. This cleanup shall include removal of all objectionable rocks, pieces of asphalt or concrete and other construction rt materials, and in general preparing the site of the work in an orderly manner and appearance. 21. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: A. Workers Compensation Insurance Coverage a. DEFINITIONS: b. Certification of coverage ("Certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TdVCC-83, OR TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project- includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. 04/15/08 SP-9 _ Persons providing services on the project ("subcontractor" in §406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent Contractors, subcontractors, leasing companies, motor carriers, City-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Contractor providing services on the project, for the duration of the project. c. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. d. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that MW coverage has been extended. e. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. f. The Contractor shall retain all required certificates of coverage for the duration of the ' project and for one year thereafter. " g. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, or any change that materially affects the provision of coverage of any person providing services on the project. • h. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation, informing all persons providing r services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 04/15/08 SPA 0 i. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (3) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain form each other person with whom it contracts, and provide to the Contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (c) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. (d) notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (e) contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. j. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and 04/15/08 SP-11 payroll amounts, and that all coverage agreements will be filed with appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative, criminal, civil penalties or other civil actions. k. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten day after receipt of notice of breach from the governmental entity. B. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the Worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE" The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee." r Call the Texas Worker's Compensation Commission at 512-463-3642 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". 22. SUBSTITUTIONS: The specifications for materials set out the minimum standard of quality that the City believes necessary to procure a satisfactory project. No substitutions will be permitted until the Contractor has received written permission of the Engineer to make a substitution for the material that has been specified. Where the term "or equal", or "or approved equal" is used, it is understood that if a material, product, or piece of equipment bearing the name so used is furnished, it will be approvable, as the particular trade name was used for the purpose of establishing a standard of quality acceptable to the City. If a product of any other name is proposed substitutes is procured by the Contractor. Where the term "or equal", or "approved equal" is not used in the specifications, this does not necessarily exclude alternative items or material or ■ equipment which may accomplish the intended purpose. However, the Contractor shall have the full responsibility of providing that the proposed substitution is, in fact, equal, and the Engineer, as the representative of the City, shall be the sole judge of the acceptability of substitutions. The provisions of the sub-section as related to "substitutions" shall be applicable to all sections of these specifications. 04/15/08 SP-12 23. MECHANICS AND MATERIALMEN'S LIEN: The Contractor shall be required to execute a release of mechanics and materialmen's liens upon receipt of payment. 24. WORK ORDER DELAY: All utilities and right-of-way are expected to be clear and easements and/or permits obtained on this project within sixty (60) days of advertisement of this project. The work order for subject project will not be issued until all utilities, right- of-ways, easements and/or permits are cleared or obtained. The Contractor shall not hold the City of Fort Worth responsible for any delay in issuing the work order for this Contract. 25. WORKING DAYS: The Contractor agrees to complete the Contract within the allotted number of working days. 26. RIGHT TO ABANDON: The City reserves the right to abandon, without obligation to the Contractor, any part of the project or the entire project at any time before the Contractor begins any construction work authorized by the City. 27. CONSTRUCTION SPECIFICATIONS: This contract and project are governed by the two following published specifications, except as modified by these Special Provisions: STANDARD SPECIFICATIONS FOR STREET AND STORM DRAIN CONSTRUCTION CITY OF FORT WORTH PUBLIC WORKS CONSTRUCTION STANDARDS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS A copy of either of these specifications may be purchased at the Office of the Department of Engineering, 1000 Throckmorton Street, 2Id Floor, Municipal Building, Fort Worth, Texas 76102. The specifications applicable to each pay item are indicated in the call-out for the pay item by the Engineer. If not shown, then applicable published specifications in either of these documents may be followed at the discretion of the Contractor. General Provisions shall be those of the Fort Worth document rather than Division 1 of the North Central Texas document. 28. MAINTENANCE STATEMENT: The Contractor shall be responsible for defects in this project due to faulty materials and workmanship, or both, for a period of two (2) years from date of final acceptance of this project and will be required to replace at his expense any part or all of the project which becomes defective due to these causes. r 29. DELAYS: The Contractor shall receive no compensation for delays or hindrances to the work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Director of the Engineering Department and if by him found correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work or by the performance of extra work or by the failure of the City to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent 04/15/08 SP-13 Y .. extension of time, his application for which shall, however, be subject to the approval of .. the City Council; and no such extension of time shall release the Contractor or the surety on his performance bond form all his obligations hereunder which shall remain in full force until the discharge of the contract. so 30. DETOURS AND BARRICADES: The Contractor shall prosecute his work in such a manner as to create a minimum of interruption to traffic and pedestrian facilities and to MW the flow of vehicular and pedestrian traffic within the project area. Contractor shall protect construction as required by Engineer by providing barricades. Barricades, warning and detour signs shall conform to the Standard Specifications "Barriers and Warning and/or Detour Signs," Item 524 and/or as shown on the plans. Construction signing and barricades shall conform with the latest version of the "Texas Manual on Uniform Traffic Control Devices for Streets and Highways" MW 31. DISPOSAL OF SPOIL/FILL MATERIAL: Prior to the disposing of any spoil/fill material, the Contractor shall advise the Director of the Department of Engineering acting as the City of Fort Worth's Flood Plain Administrator ("Administrator"), of the location of all sites where the Contractor intends to dispose of such material. Contractor shall not dispose of such material until the proposed sites have been determined by the Administrator to meet the requirements of the Flood Plain Ordinance of the City of Fort Worth (Ordinance No. 10056). All disposal sites must be approved by the Administrator to ensure the filling is not occurring within a flood plain without a permit. A flood plain permit can be issued upon approval of necessary engineering studies. No fill permit is required if disposal sites are not in a flood plain. Approval of the Contractor's disposal sites shall be evidenced by a letter signed by the Administrator stating that the site is not in a known flood plain or by a Flood Plain fill Permit authorizing fill within the flood plain. Any expenses associated with obtaining the fill permit, including any necessary engineering studies, shall be at the Contractor's expense. In the event that the Contractor disposes of spoil/fill materials at a site without a fill permit or a letter from the administrator approving the disposal site, upon notification by the Director of Engineering, Contractor _ shall remove the spoil/fill material at its expense and dispose of such materials in accordance with the Ordinance of the City and this section. 32. QUALITY CONTROL TESTING: (a) The Contractor shall furnish, at its own expense, certifications by a private laboratory for all materials proposed to be used on the project, including a mix design for any • asphaltic and/or Portland cement concrete to be used and gradation analysis for sand and crushed stone to be used along with the name of the pit from which the material was taken. The Contractor shall provide manufacturer's certifications for all manufactured items to be used in the project and will bear any expense related thereto. (b) Tests of the design concrete mix shall be made by the Contractor's laboratory at least nine days prior to the placing of concrete using the same aggregate, cement and mortar which are to be used later in the concrete. The Contractor shall provide a certified copy of the test results to the City. 04/15/08 SP-14 (c) Quality control testing of on site material on this project will be performed by the City at its own expense. Any retesting required as a result of failure of the material to meet project specifications will be at the expense of the Contractor and will be billed at commercial rates as determined by the City. The failure of the City to make any tests of materials shall in no way relieve the Contractor of its responsibility to furnish materials and equipment conforming to the requirements of the contract. (d) Not less than 24 hours notice shall be provided to the City by the Contractor for operations requiring testing. The Contractor shall provide access and trench safety system (if required)for the site to be tested and any work effort involved is deemed to be included in the unit price for the item being tested. (e) The Contractor shall provide a copy of the trip ticket for each load of fill material delivered to the job site. The ticket shall specify the name of the pit supplying the fill material. 33. PROPERTY ACCESS: Access to adjacent property shall be maintained at all times unless otherwise directed by the Engineer. 34. SAFETY RESTRICTIONS -WORK NEAR HIGH VOLTAGE LINES: The following procedures will be followed regarding the subject item on this contract: (a) A warning sign not less than five inches by seven inches, painted yellow with black letters that are legible at twelve feet shall be placed inside and outside vehicles such as cranes, derricks, power shovels, drilling rigs, pile drivers, hoisting equipment or similar apparatus. The warning sign shall read as follows: "WARNING—UNLAWFUL TO OPERATE THIS EQUIPMENT WITHIN SIX FEET OF HIGH VOLTAGE LINES." (b) Equipment that may be operated within ten feet of high voltage lines shall have an insulating cage-type of guard about the boom or arm, except back hoes or dippers and insulator links on the lift hood connections. (c) When necessary to work within six feet of high voltage electric lines, notification shall be given the power company (TU Electric Service Company) which will erect temporary mechanical barriers, de-energize the line or raise or lower the line. The work done by the power company shall not be at the expense of the City of Fort — Worth. The notifying department shall maintain an accurate log of all such calls to TU Electric Service Company and shall record action taken in each case. W (d) The Contractor is required to make arrangements with the TU Electric Service Company for the temporary relocation or raising of high voltage lines at the Contractor's sole cost and expense. (e) No person shall work within six feet of a high voltage line without protection having been taken as outlined in Paragraph (c). i 35. WATER DEPARTMENT PRE-QUALIFICATIONS: Any Contractor performing any work on Fort Worth water or sanitary sewer facilities must be pre-qualified with the Water 04/15/08 SP-15 Department to perform such work in accordance with procedures described in the current Fort Worth Water Department General Specifications which general specifications shall govern performance of all such work. 36. RIGHT TO AUDIT: (a) Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. (b) Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, under the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subcontractor involving transactions to the subcontract and further, that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article together with subsection (c } hereof. City shall give subcontractor reasonable advance notice of intended 'audits. (c) Contractor and subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 37. CONSTRUCTION STAKES; The City, through its Surveyor or agent, will provide to the Contractor construction stakes _ or other customary methods of markings as may be found consistent with professional practice to establish line and grade for roadway and utility construction and centerlines and benchmarks for bridgework. These stakes shall be set sufficiently in advance to avoid delay whenever practical. One set of stakes shall be set for all utility construction (water, sanitary sewer, drainage, etc.), one set of excavation/or stabilization stakes, and one set of stakes for curb and gutter and/or paving. It shall be the sole responsibility of the Contractor to preserve, maintain, transfer, etc., all stakes furnished until completion of the construction phase of the project for which they were furnished. If, in the opinion of the Engineer, a sufficient number of stakes or markings provided by the City have been lost, destroyed, or disturbed, that the proper prosecution and control of the work contracted for in the Contract Documents cannot take place, then the Contractor shall replace such stakes or markings as required. An individual registered by the Texas Board of Professional Land Surveying as a Registered Professional Land Surveyor shall replace these stakes, at the Contactor's expense. No claims for delay due to a lack of replacement of construction stakes will be accepted, and time will continue to be charged in accordance with the Contract Documents. 04/15/08 SP-16 38. LOCATION OF NEW WALKS AND DRIVEWAYS; The Contractor will make every effort to protect existing trees within the parkway, with the approval of the engineer the Contractor may re-locate proposed new driveways and walks around existing trees to minimize damage to trees. 39. EARLY WARNING SYSTEM FOR CONSTRUCTION: Time is of the essence in the completion of this contract. In order to insure that the Contractor is responsive when notified of unsatisfactory performance and/or of failure to maintain the contract schedule, the following process shall be applicable: The work progress on all construction projects will be closely monitored. On a bi-monthly basis the percentage of work completed will be compared to the percentage of time charged to the contract. If the amount of work performed by the Contractor is less than the percentage of time allowed by 20% or more (example: 10% of the work completed in 30% of the stated contract time as may be amended by change order), the following proactive measures will be taken: 1. A letter will be mailed to the Contractor by certified mail, return receipt requested demanding that, within 10 days from the date that the letter is received, it provide sufficient equipment, materials and labor to ensure completion of the work within the contract time. In the event the Contractor receives such a letter, the Contractor shall provide to the City an updated schedule showing how the project will be completed within the contract time. r 2. The Project Manager and the Directors of the Department of Engineering, Water Department, and Department of Transportation and Public Works will - be made aware of the situation. If necessary, the City Manager's Office and the appropriate city council members may also be informed. 3. Any notice that may, in the City's sole discretion, be required to be provided to interested individuals will distributed by the Engineering Department's Public Information Officer. 4. Upon receipt of the Contractor's response, the appropriate City departments and directors will be notified. The Engineering Department's Public Information Officer will, if necessary, then forward updated notices to the interested individuals. 5. If the Contractor fails to provide an acceptable schedule or fails to perform satisfactorily a second time prior to the completion of the contract, the bonding company will be notified appropriately. 40.AIR POLLUTION WATCH DAYS: The Contractor shall be required to observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". Typically, the OZONE SEASON, within the - Metroplex area, runs from May 1, through OCTOBER 31, with 6:00 a.m. - 10:00 a.m. being critical BECAUSE EMISSIONS FROM THIS TIME PERIOD HAVE ENOUGH TIME TO BAKE IN THE HOT ATMOSPHERE THAT LEADS TO EARLY AFTERNOON OZONE FORMATION. 04/15/08 SP-17 The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. On designated Air Pollution Watch Days, the Contractor shall bear the responsibility of being aware that such days have been designated Air Pollution Watch Days and as such shall not begin work until 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. However, the Contractor may begin work prior to 10:00 a.m. if use of motorized equipment is less than 1 hour, or if equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. If the Contractor is unable to perform continuous work for a period of at least seven hours between the hours of 7:00 a.m. - 6:00 p.m., on a designated Air Pollution Watch Day, that day will be considered as a weather day and added onto the allowable weather days of a given month. CONSTRUCTION 41. PAY ITEM - Install 12-inch HDPE by Open Cut: This Item includes installation of 12-inch diameter high density polyethylene pipe by open cut. Pipe material shall be in accordance with Section 1.2 of technical specification, "Section 02300— Horizontal Directional Drilling (HDD)/HDPE Pipe". Pipe installation shall be in accordance with details for pipe bedding and backfill shown on the plans. The unit price bid per linear foot shall be full payment for all excavation, pipe installation, bedding, backfill, labor, material, equipment and incidentals necessary to complete the work. 42. PAY ITEM — Install 12-inch HDPE by Horizontal Directional Drilling: This Item includes installation of 12-inch diameter high density polyethylene pipe by horizontal directional drilling. Pipe material and installation procedures shall be in accordance with technical specification, "Section 02300 — Horizontal Directional Drilling (HDD)/HDPE Pipe". The unit price bid per linear foot shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. 43. PAY ITEM - Install 8-inch SDR-35 PVC Pipe by Open Cut: This Item includes installation of 8-inch diameter, SDR-35 PVC pipe by open cut. Pipe installation shall be in accordance with details for pipe bedding and backfill shown on the plans. The pipe shall have 1" diameter holes in the pipe and pipe cap within the outlet structure as shown on the plans. The unit price bid per linear foot shall be full payment for excavation, pipe installation, bedding, backfill, and all labor, material, equipment and incidentals necessary to complete the work. 44. PAY ITEM - 24"x 36" Stainless Steel Grate: This item includes installation of a stainless steel grate inside an existing storm drain inlet on the north side of Crestline Street. The unit price bid for this item shall be full payment for all * labor, material, equipment and incidentals necessary for furnishing and fabricating the grate, cutting slots in the inlet to properly set the grate, and for installation of the grate, complete in place. 45. PAY ITEM —Standard Cleanout: 04/15/08 SP-18 This item includes installation of a standard 4-inch diameter PVC cleanout with cast iron cap at the locations and in accordance with the details shown on the plans. The unit price bid per each cleanout, including concrete encasement, shall be full payment for all labor, material, equipment and incidentals necessary to complete the work. am 46. PAY ITEM—Slot Overflow Structure: This item includes installation of a reinforced concrete overflow structure in accordance with no the details shown on the plans. The unit price bid for this item shall be full payment for excavation, backfill, and all labor, material, equipment and incidentals necessary to complete the work. 47. PAY ITEM - Outlet Structure: This item includes installation of a reinforced concrete outlet structure in accordance with the details shown on the plans. The unit price bid for this item, including manhole frame and cover, crushed rock, and filter fabric, shall be full payment for excavation, backfill, and all labor, material, equipment and incidentals necessary to complete the work. 48. PAY ITEM - Cut and Pluq Existing 18-inch RCP: This item includes all work related to plugging existing 18-inch diameter RCP at locations shown on the plans. Payment under this item shall be full compensation for excavation, backfill, cutting pipe, removal of existing pipe, and permanent plugging or capping of the existing pipe with a watertight seal. 49. PAY ITEM—Connection to Existinq 8-inch PVC: This item includes all work related to connection of the proposed 8-inch diameter SDR-35 PVC pipe to the existing 8-inch diameter subdrain collection line with an 8" x 8" tee. Payment under this item shall be full compensation for excavation, bedding, backfill, cutting pipe, and installation of the 8" x 8" tee. 50. PAY ITEM—Connection to Existing Curb Inlet: This item includes all work related to connection of the proposed 12-inch diameter HDPE pipe to the existing storm drain inlet with non-shrink grout. Payment under this item shall be r full compensation for all labor, material, equipment and incidentals necessary to complete the work. 51. PAY ITEM - Remove and Replace Chain Link Fence: This item shall include the removal and reconstruction of the existing fence at the locations shown on the plans or where deemed necessary by the Engineer. The Contractor shall exercise caution in removing and salvaging the materials to they may be used in reconstructing the fence. The constructed fence shall be equal in every way, or superior, to the fence removed. The unit price per linear foot shown on the Proposal shall be full compensation for all materials, labor, equipments, tools and incidentals necessary to complete the work. 52. PAY ITEM—Remove 18-inch RCP: This item includes all work related to removal and disposal of the existing 18-inch diameter RCP at the locations shown on the plans. Payment under this item shall be full compensation for all labor, material, equipment and incidentals necessary to complete the work. 04/15/08 SP-19 _ 53. PAY ITEM—Sodding: This item shall include all labor, materials, and equipment necessary to place sod on areas within the street ROW on Crestline Street disturbed by construction as shown on the Plans and as directed by the Engineer. 54. PAY ITEM - TRENCH SAFETY: Description: This item will consist of the basic requirements which the Contractor must comply with in order to provide for the safety and health of workers in a trench. The Contractor shall develop, design and implement the trench excavation safety protection system. The Contractor shall bear the sole responsibility for the adequacy of the trench safety system and providing "a safe place to work" for the workman. The trench excavation safety protection system shall be used for all trench excavations .. deeper than five (5) feet. The Excavating and Trenching Operation Manual of the Occupational Safety- and Health Administration, U.S. Department of Labor, shall be the minimum governing requirement of this item and is hereby made a part of this specification. The Contractor shall, in addition, comply with all other applicable Federal, State and local rules, regulations and ordinances. Measurement and Payment: All methods used for trench excavation safety protection shall be measured by the linear foot of trench and paid at the unit price in the Proposal, which shall be total compensation for furnishing design, materials, tools, labor, equipment and incidentals necessary, including removal of the system. Trench depth for payment purposes for Trench Safety Systems is the vertical depth as measured from the top of the existing ground to the bottom of the pipe. 55. PRE BID ITEM - PROJECT DESIGNATION SIGN: The Contractor shall construct and install two (2) Project Designation Signs and it will be the responsibility of the Contractor to maintain the signs in a presentable condition at all times so on each project under construction. Maintenance will include painting and repairs as directed by the Engineer. It will be the responsibility of the Contractor to have the individual project signs lettered and painted in accordance with the enclosed detail. The quality of the paint, painting and lettering on the signs shall be approved by the Engineer. The height and arrangement of the lettering shall be in accordance with the enclosed detail. The sign shall be constructed of 3/" fir plywood, grade A-C (exterior) or better. These signs shall be installed on barricades or as directed by the Engineer and in place at the project site upon commencement of construction. • The work, which includes the painting of the signs, installing and removing the signs, furnishing the materials, supports and connections to the support and maintenance shall be - to the satisfaction of the Engineer. The unit price bid per each will be full payment for materials including all labor, equipment, tools and incidentals necessary to complete the work. 04/15/08 SP-20 56. PRE BID ITEM - TOP SOIL: The proposed quantities shown are calculated to provide topsoil 4 to 6 inches in depth (compacted) over the parkway area and do not include deeper than design depth behind the curb. The pay item is intended to pay for topsoil that must be imported where suitable material is either not available on the job or cannot reasonably be stored on-site. Payment will be made on the basis of loose truck volume (full truck with sideboards up) tickets and •' material must meet City of Fort Worth standards for topsoil. Only the volume imported will be paid for and may be substantially less than the proposal quantities listed. 57. NON-PAY ITEM - CLEARING AND GRUBBING: All objectionable items within the limits of this project and not otherwise provided for shall be removed under this item in accordance with Standard Specification Item 102, "Clearing and Grubbing." However, no direct payment will be made for this item and it shall be considered incidental to this contract. 58. NON-PAY ITEM - PROTECTION OF TREES, PLANTS AND SOIL: All property along and adjacent to the Contractor's operations including lawns, yards, shrubs, trees, etc. shall be preserved or restored after completion of the work to a condition equal or better than existed prior to start of work. By ordinance, the Contractor must obtain a permit from the City Forester before any work (trimming, removal or root pruning) can be done on trees or shrubs growing on public property including street rights-of-way and designated alleys. This permit can be obtained by calling the Forestry Office at 871-5738. All tree work shall be in compliance with pruning standards for Class II Pruning as described by the National Arborist Association. A copy of these standards can be provided by calling the above number. Any damage to public trees due to negligence by the Contractor shall be assessed using the current formula for Shade Tree Evaluation as defined by the International Society of Arboriculture. Payment for negligent damage to public trees shall be made to the City of Fort Worth and may be withheld from funds due to the Contractor by the City. To prevent the spread of the Oak Wilt fungus, all wounds on Live Oak and Red Oak trees shall be immediately sealed using a commercial pruning paint. This is the only instance when pruning paint is recommended. 59. NON-PAY ITEM - PROJECT CLEAN-UP: The Contractor shall be aware that keeping the project site in a neat and orderly condition is considered an integral part of the contracted work and as such shall be considered subsidiary to the appropriate bid items. Clean up work shall be done as directed by the Engineer as the work progresses or as needed. If, in the opinion of the Engineer it is necessary, clean up shall be done on a daily basis. Clean up work shall include, but not be limited to: 0 Sweeping the street clean of dirt or debris • Storing excess material in appropriate and organized manner • Keeping trash of any kind off of residents' property 04/15/08 S P-21 _ If the Engineer does not feel that the jobsite has been kept in an orderly condition, on the next estimate payment (and all subsequent payments until completed) of the appropriate bid item(s) will be reduced by 25%. Final cleanup work shall be done for this project as soon as the paving and curb and gutter has been constructed. No more than seven days shall elapse after completion of construction before the roadway and right-of-way is cleaned up to the satisfaction of the Engineer. 60. NON-PAY ITEM - PROJECT SCHEDULE: Contractor shall be responsible for producing a project schedule at the pre-construction conference. This schedule shall detail all phases of construction, including project clean up, and allow the Contractor to complete the work in the allotted time. Contractor will not move on to the jobsite nor will work begin until said schedule has been received and approval secured from the Construction Engineer. However, contract time will start even if the project schedule has not been turned in. Project schedule will be updated and resubmitted at the end of every estimating period. All costs involved with producing and maintaining the project schedule shall be considered subsidiary to this contract. 61. NON-PAY ITEM - NOTIFICATION OF RESIDENTS: UW In order to cut down on the number of complaints from residents due to the dust generated when saw-cutting joints in concrete pavement, the Contractor shall notify residents, in writing, at least 48 hours in advance of saw-cutting joints during the construction of paving aw projects. All costs involved with providing such written notice shall be considered subsidiary to this contract. 62. NON-PAY ITEM - PUBLIC NOTIFICATION PRIOR TO BEGINNING CONSTRUCTION: r, Prior to beginning construction on any block in the project, the Contractor shall, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: The notification notice or flyer shall be posted seven (7) days prior to beginning any construction activity on each block in the project area. The flyer shall be prepared on the Contractor's letterhead and shall include the following information: Name of Project, DOE No., Scope of Project (i.e. type of construction activity), actual construction duration within the block, the name of the Contractor's foreman and his phone number, the name of the City's inspector and his phone number and the City's after-hours phone number. A sample of the `pre-construction notification' flyer is attached. The Contractor shall submit a schedule showing the construction start and finish time for each block of the project to the inspector. In addition, a copy of the flyer shall be delivered to the City Inspector for his review prior to being distributed. The Contractor will not be allowed to begin construction on any block until the flyer is delivered to all residents of the block. An electronic version of the sample flyer can be obtained from the construction office at 817- 392-8306. 04/15/08 SP-22 All work involved with the pre-construction notification flyer shall be considered subsidiary to the contract price and no additional compensation shall be made. 63. NON-PAY ITEM — PRE-CONSTRUCTION NEIGHBORHOOD MEETING: After the pre-construction conference has been held but before construction is allowed to begin on this project a public meeting will be held at a location to be determined by the Engineer. The Contractor, inspector, and project manager shall meet with all affected residents and present the projected schedule, including construction start date, and answer any construction related questions. Every effort will be made to schedule the neighborhood meeting within the two weeks following the pre-construction conference but in no case will construction be allowed to begin until this meeting is held. 64. NON-PAY ITEM—SAWCUT OF EXISTING CONCRETE: When existing concrete or H.M.A.C. is cut, such cuts shall be made with a concrete saw. The Contractor may break out curb and gutter to the nearest joint if he chooses. All sawing -, shall be subsidiary to the unit cost of the respective item. 65. NON PAY ITEM —SPRINKLER HEAD ADJUSTMENT: The adjustment and/or relocation of sprinkler heads encountered shall be paid for under utility adjustment in the proposal section. No other compensation will be provided. 66. NON PAY ITEM - FEE FOR STREET USE PERMITS AND RE-INSPECTIONS: A fee for street use permits is in effect. In addition, a separate fee for re-inspections for parkway construction, such as driveways, sidewalks, etc., will be required. The fees are as follows: The street permit fee is $50.00 per permit with payment due at the time of permit application. A re-inspection fee of $25.00 will be assessed when work for which an inspection called for is incomplete. Payment is due prior to the City performing re-inspection. Payment by the Contractor for all street use permits and re-inspections shall be considered subsidiary to the contract cost and no additional compensation shall be made. s 67. NON PAY ITEM - TEMPORARY EROSION SEDIMENT AND WATER POLLUTION CONTROL (FOR DISTURBED AREAS LESS THAN 1 ACRE): A. DESCRIPTION: This item shall consist of temporary soil erosion sediment and water pollution control measures deemed necessary by the Engineer for the duration of the contract. These control measures shall at no time be used as a substitute for the permanent control measure unless otherwise directed by the engineer and they shall not include measures taken_by the CONTRACTOR to control conditions created by his construction operations. The temporary measures shall include dikes, dames, berms, sediment basins, Y 04/15/08 SP-23 fiber mats, jute netting, temporary seeding, straw mulch, asphalt mulch, plastic liners, rubble liners, baled-hay retards, dikes, slope drains and other devices. B. CONSTRUCTION REQUIRMENTS: The Engineer has the authority to define erodible earth and the authority to limit the surface are of erodible-earth material exposed by preparing right-of-way, clearing and grubbing, the surface area of erodible-earth material exposed by excavation, borrow and to direct the CONTRACTOR to provide temporary pollution-control measures to prevent contamination of adjacent streams, other water course, lakes, ponds or other areas of water impoundment. Such work may involve the construction of temporary berms, dikes, dams, sediment basins, slope drains and use of temporary mulches, mats, seeding or other control devices or methods directed by the Engineer as necessary to control soil erosion. Temporary pollution-control measures shall be used to prevent or correct erosion that may develop during construction prior to installation of permanent pollution control features, but are not associated with permanent control features on the project. The Engineer will limit the area of preparing right-of-way, clearing and grubbing, excavation and borrow to be proportional to the CONTRACTOR'S capability and progress in keeping the finish grading, mulching, seeding, and other such permanent pollution-control measures current in accordance with the accepted schedule. Should seasonal conditions make such limitations unrealistic, temporary soil-erosion-control measures shall be performed as directed by the Engineer. 1. Waste or disposal areas and construction roads shall be located and constructed in a manner that will minimize the amount of sediment entering streams. 2. Frequent fordings of live streams will not be permitted; therefore, temporary bridges or other structures shall be used wherever an appreciable number of stream crossing are necessary. Unless otherwise approved in writing by the Engineer, mechanized equipment shall not be operated in live streams. 3. When work areas or material sources are located in or adjacent to live streams, such areas shall be separated from the stream by a dike or other barrier to keep sediment from entering a flowing stream. Care shall be taken during the construction and removal of such barriers to minimize the muddying of a stream. 4. All waterways shall be cleared as soon as practicable of false work, piling, debris or other obstructions placed during construction operations that are not part of the finished work. 5. The Contractor shall take sufficient precautions to prevent pollution of streams, lakes and reservoirs with fuels, oils, bitumens, calcium chloride or other harmful materials. He shall conduct and schedule his operations so as to avoid or minimize siltation of streams, lakes and reservoirs and to avoid interference with movement of migratory fish. E. SUBMITTAL: Prior to the start of the applicable construction, the Contractor shall submit for approval his schedules for accomplishment of soil-erosion-control work and his .. plan to keep the area of erodible-earth material to a minimum. He shall also submit for acceptance his proposed method of soil-erosion control on construction and haul roads and _ 04/15/08 SP-24 material sources and his plan for disposal of waste materials. No work shall be started until the soil-erosion control schedules and methods of operations have been reviewed and approved by the Engineer. F. MEASUREMENT AND PAYMENT: All work, materials and equipment necessary to provide temporary erosion control shall be considered subsidiary to the contract and no extra pay will be given for this work. i f r 04/15/0$ P-25 68. `GREEN' CEMENT POLICY: As mandated by Fort Worth City Council Resolution 3536, all cement utilized for this project shall be procured from a kiln utilizing a dry kiln process or from any kiln that does not produce an excess of 1.71b of NOx emissions per ton of clinker r produced. All related costs for complying with the 'Green' Cement Policy shall be considered subsidiary to the applicable project pay items. This policy shall also apply to all cement products including concrete, and concrete products., r The contractor shall complete and submit the 'Green' Cement Policy Compliance Statement (included in the contract documents) at the time of bid opening of the project.- Failure to comply with the 'Green' Cement policy shall be grounds for rejecting the bid as non- responsive. r, During the..term of the contract if'_cement meeting the above requirement is. not available, and where cement from a non-compliant source must be utilized, the contractor shall furnish good faith effort documentation in form of letters from two North Texas cement manufacturers of 'Green' Cement_stating that no stock of 'green' cement is available for the contractor at that time. These letters shall be considered valid for maximum of.ofie week after which new letters must be. submitted. to the Project Inspector. if 'green' cement continues to remain unavailable. 69 _ PAY ITEM:-TRAFFIC CONTROL: Th 1.e Contractor will be.,required to obtain a "Street Use Permit" prior to starting work. Unless otherwise included as apart of the Cons#ruction documents, the Contractor shall submit a traffic control plan (duly sealed; signed and dated 6y a Registered Professional Engineer in the:state of Texas), to the City Traffic Engineer[Tel_(817)392-8770] at or before.the preconstructibri Whference Although work will not begin luntil the traffic'control plan has been reviewed and approved,the Contractor's;time:will begin in accordance with the,timeframe,'mutually established:in,the 'Notice to Proceed" issued to the Contractor. The traffic control,plan shall be consistent with the provisions'set:fort h in}the "Latest Edition Texas Manual on Uniform Traffic Control Devices for Streets and Highways" issued under the authority of the"State of Texas Uniform Act Regulating Traffic on Highways,'° codified as Article 6701d Vernon's,Civil Statutes; pertinent sections being'Section Nos. 27 29, 30 and 31 The Contractor will not remove any regulatory sign, instructional sign, street name sign or other sign, which has been erected by the City. If it is determined that a sign must be removed to permit required construction, the Contractor shall contact the Transportation and AL Public Works Department, Signs and Markings Division, (Phone Number 871-7738) to remove the sign. In the case of regulatory signs, the Contractor must replace the permanent sign with a temporary sign meeting the requirements of the above-referenced manual and No such temporary sign must be installed prior to the removal of the permanent sign. If the temporary sign is not installed correctly or if it does not meet the required specifications, the permanent sign shall be left in place until the temporary sign requirements are met. When ow construction work is completed to the extent that the permanent sign can be reinstalled, the Contractor shall again contact the Signs and Markings Division to reinstall the permanent sign and shall leave his temporary sign in place until such reinstallation is completed. Work shall not be performed on certain locations/streets during "peak traffic periods" as determination by the City Traffic Engineer and in accordance with the applicable provision of 04/15/08 SP-26 the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas." The lump sum pay item for traffic control shall cover design; and / or installation and maintenance of the traffic control plans. w 04/15/08 SP-27 (To be printed on Contractor's Letterhead) Date: DOE No: PROJECT NAME: Water/Sanitary Sewer and Paving/Storm Drain Improvements for: MAPSCO LOCATION: LIAGTS OF CONST.: Estimated Duration of Construction on your Street : days THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL < REPLACE WATER AND/OR SEWER LINES - RECONSTRUCT THE STREET> ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT<TELEPHONE NO.> OR Mr. <CITY INSPECTOR>AT <TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL 871-7970 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL. ■ 04/15/08 SP-28 Wl ENO PART E SECTION E SPECIFICATIONS HDD CONSTRUCTION / HDPE PIPE 2-Table of Contents.doc All materials, construction methods and procedures used in this project shall conform to Sections E1, E2, and E2A of the Fort Worth Water Department General Contract Documents and General Specifications, together with any additional material specification(s), construction(s) or later revision(s). (See revisions listed on this sheet.) Sections E1, E2 and E2A of the Fort Worth Water Department General Contract Documents and General Specifications are hereby made a part of this contract document by reference for all purposes, the same as if copies verbatim herein, and such Sections are filed and kept in the office of the City Secretary of the City of Fort Worth as an official record of the City of Fort Worth. INDEX E1 MATERIAL SPECIFICATIONS E2 CONSTRUCTION SPECIFICATIONS E2A GENERAL DESIGN DETAILS Revisions as of April 20, 1981, follow: E1-2.4 Backfill: (Correct minimum compaction requirement to 95% Proctor density and correct P.I. values as follows:) C. Additional backfill requirements when approved for use in streets: 1. Type 'B' Backfill (c) Maximum plastic index (PI) shall be 8. 2. Type 'C' Backfill (a) Material meeting requirements and having a PI of 8 or less shall be considered as suitable for compaction by jetting. (b) Material meeting requirements and having a PI of 9 or more shall be considered for use only with mechanical compaction. E2-2.11 Trench Backfill: (Correct Minimum compaction requirement wherever it appears in this section to 95% Proctor density except for paragraph a.1. where the "95% modified Proctor density" shall remain unchanged.) r 19-Section E-Section E1o0 Material Specs.doc SECTION 02300 HORIZONTAL DIRECTIONAL DRILLING (HDD) / HDPE PIPE 1.1 SCOPE: A. General: It is the intent of this specification to define the acceptable methods and materials for installing sanitary sewer, storm drain, and water mains by the horizontal directional drilling method and the requirements for high density polyethylene (HDPE) pipe installed by directional drilling or in open cut trenches. B. Installation Plan: 1. At least 7 days prior to mobilizing equipment Contractor shall submit his detailed installation plan to the Engineer. The plan shall include a detailed plan and profile of the bores and be plotted at a scale no smaller than 1 inch equals 40 feet horizontal and 1 inch equals 4 feet vertical. 2. The plan shall also include a listing of major equipment and supervisory personnel and a description of the methods to be used. C. Variations in Plan or Profile: The Contractor may request changes to the proposed vertical and horizontal alignment of the installation and the location of the entry and exit points. Proposed changes shall be submitted in writing to the Engineer and receive approval of the Engineer prior to construction. D. Alignment: The proposed plan and profile installation locations are based on alignments to accommodate acquired easements, to avoid obstructions, and to properly maintain operation flow velocities. E. Qualifications: Directional drilling and pipe installation shall be done by an experienced Contractor specializing in directional drilling and whose key personnel have at least five (5) years experience in this work. Furthermore, the Contractor shall have installed directionally drilled pipe at least as large as 12 inches in diameter, have performed crossings at least 600 feet in length, and successfully installed at least 10,000 feet in length. 2006220-02 02300 1/8 1.2 MATERIALS: A General: High density polyethylene pipe shall be high density, extra molecular weight (EHMW) polyethylene pipe. All pipe system components shall be the products of one manufacturer and shall conform to the latest edition of ASTM D1248, ASTM D3350, and ASTM F714. B. Piping and Bends Piping and Bends shall be extruded from a polyethylene compound and shall conform to be following requirements: 1. The polyethylene resin shall meet or exceed the requirements of ASTM D3350 for PE3408 material with a cell classification of 345434C, or better. The molecular 3 weight category shall be extra high (250,000 to 1,500,000) as per the Gel Permeation Chromatography determination procedure with a typical value of 330,000. 2. The polyethylene compound shall be suitably protected against degradation by ultraviolet light by means of carbon black, well dispersed by precompounding in a concentration of not less than 2 percent. 3. The pipe material shall be listed by the Plastic Pipe Institute (PPI) in PPI TR-4. The pipe material shall have a hydrostatic design basis of 1600 psi at 73° F and 800 psi at 140°F. 4. The pipe manufacturer shall be listed with the Plastic Pipe Institute as meeting the recipe and mixing requirements of the resin manufacturer for the resin used to manufacture the pipe in this project. 5. The pipe and bends shall have a minimum standard dimension ratio (SDR)wall and pressure rating of SDR 17-100 psi. 6. Joining shall be performed by thermal butt-fusion in accordance with the manufacturer's recommendations. ,r 7. Sanitary sewer pipe exterior shall be green in color or contain green striping. Sanitary sewer pipe interior shall be light in color for internal video inspection. 8. Water pipe exterior shall be blue in color or contain blue striping. 9. Storm drain pipe exterior shall be grey in color. C. Procedures: 1. General: • All polyethylene pipe shall be cut, fabricated, and installed in strict conformance with the pipe manufacturer's recommendations. Joining, laying, and pulling of polyethylene pipe shall be accomplished by personnel experienced in working with polyethylene pipe. The pipe supplier shall certify in writing that the Contractor is qualified to join, lay, and pull the pipe or representative of the pipe manufacturer shall ■ 2006220-02 02300 2/8 be on site to oversee the pipe joining. Expense for the representative shall be paid for by the Contractor. 2. Transportation: Care shall be taken during transportation of the pipe to ensure that it is not cut, kinked, or otherwise damaged. 3. Storage: Pipes shall be stored on level ground, preferably turf or sand, free of sharp objects which could damage the pipe. Stacking of the polyethylene pipe shall be limited to a height that will not cause excessive deformation of the bottom layers of pipes under anticipated temperature condition. Where necessary due to ground conditions, the pipe shall be stored on wooden sleepers, spaced suitably and of such widths as not to allow deformation of the pipe at the point of contact with the sleeper or between supports. 4. Handling Pipe: The handling of the joined pipeline shall be in such a manner that the pipe is not damaged by dragging it over sharp and cutting objects. Ropes, fabric, or rubber- protected slings and straps shall be used when handling pipes. Chains, cables, or hooks inserted into the pipe ends shall not be used. Two slings spread apart shall be used for lifting each length of pipe. Pipe or fittings shall not be dropped onto rocky or unprepared ground. Slings for handling the pipeline shall not be positioned at butt-fused joints. Sections of the pipes with cuts and gouges exceeding 10 percent of the pipe wall thickness or kinked sections shall be removed and the ends rejoined. The open ends of all sections of jointed andtor installed pipe (not in service) shall be plugged at night to prevent animals or foreign material from entering the pipe line or pipe section. Waterproof nightcaps of approved design may be used but they shall also be so constructed that they will prevent the entrance of any type of natural precipitation into the pipe and will be fastened to the pipe in such a manner that the wind cannot blow them loose. The practice of stuffing cloth or paper in the open ends of the pipe will be considered unacceptable. Where possible, the pipe shall be raised and supported at a suitable distance back from the open end such that the open end will be below the level of the pipe at the point of support. A 2006220-02 02300 3/8 1.3 INSTALLATION: A. General: 1. Where indicated on Plans, the Contractor shall install the pipeline by means of horizontal directional drilling or open cut. For open cut installation, the contractor shall install pipe in accordance with the embedment and backfill details shown on the plans. For HDD, the Contractor shall assemble, support, and pretest the pipeline prior to installation in the directional drill tunnel. 2. Horizontal directional drilling shall consist of the drilling of a small diameter pilot hole from one end of the alignment to the other, followed by enlarging the hole diameter for the pipeline insertion. The exact method and techniques for completing the directionally drilled installation will be determined by the Contractor, subject to the requirements of these specifications. 3. The Contractor shall prepare and submit a plan to the Engineer for approval for insertion of the HDPE pipe into the opened bore hole. This plan shall included pullback procedure, ballasting, use of rollers, side booms and side rollers, coating protection, internal cleaning, internal gauging, hydrostatic tests, dewatering, and purging. 4. The required piping shall be assembled in a manner that does not obstruct adjacent roadways or public activities. The Contractor shall erect temporary fencing around the entry and exit pipe staging areas. B. Joining Pipe Sections: 1. Each length of pipe shall be inspected and cleaned as necessary to be free of debris immediately prior to joining. 2. Pipes shall be joined to one another by means of thermal butt-fusion. Polyethylene pipe lengths to be joined by thermal butt-fusion shall be of the same type, grade, and class of polyethylene compound and supplied from the same raw material supplier. 3. Mechanical connections of the polyethylene pipe to auxiliary equipment shall be through flanged connections which shall consist of the following: a. A polyethylene "sub end" shall be thermally butt-fused to the ends of the pipe. b. Provide ASTM A240, Type 304 stainless steel backing flange, 125-pound, ANSI B16.1 standard, and gaskets as required by the manufacturer. c. Stainless Steel bolts and nuts of sufficient length to show a minimum of three complete threads when the joint is made and tightened to the manufacturer's standard. Retorque the nuts after 4 hours. d. Butt-fusion Joining: Butt-fusion of pipes shall be performed in accordance with the manufacturer's recommendations as to equipment and technique. Butt- fusion joining shall be 100% efficient offering a joint weld strength equal to or greater than the tensile strength of the pipe. 2006220-02 02300 4/8 r C. Tolerances: 1. Pipe installed by the directional drilled method must be located in plan as shown on the Drawings, and must be no shallower than shown on the Drawings unless otherwise approved. The Contractor shall plot the actual horizontal and vertical alignment of the pilot bore at intervals not exceeding 30 feet. This "as-built" plan and profile shall be updated as the pilot bore is advanced. The Contractor shall at all times provide and maintain instrumentation that will accurately locate the pilot hole and measure drilling fluid flow and pressure. The Contractor shall grant the Engineer access to all data and readout pertaining to the position of the bore head and the fluid pressures and flows. When requested, the Contractor shall provide explanations of this position monitoring and steering equipment. The Contractor shall employ experienced personnel to operate the directional drilling equipment and, in particular, the position monitoring and steering equipment. No information pertaining to the position or inclination of the pilot bores shall be withheld from the Engineer. 2. Each exit point shall be located as shown with an over-length tolerance of 10 feet for directional drills of 1,000 linear feet or less and 40 feet for directional drills of greater than 1,000 linear feet or less and 40 feet for directional drills of greater than 1,000 linear feet and an alignment tolerance of 5 feet left/right with due consideration of the position of the other exit points and the required permanent easement. For gravity storm drain and sanitary sewer installations, sags in the pipeline shall not exceed 25 percent of the nominal pipe diameter. Sags will only be allowed where the entering and exiting grades are adequate to provide velocities through the sag area sufficient for moving solids. No more than one (1) sag area shall occur between two (2) manholes. The alignment of each pilot bore must be approved by the Engineer before pipe can be pulled. If the pilot bore fails to conform to the above tolerances, the Engineer may, at his option, require a new pilot boring to be made. 3. After the pipe is in place, cleaning pigs shall be used to remove residual water and debris. After the cleaning operation, the Contractor shall provide and run a sizing pig to check for anomalies in the form of buckles, dents, excessive out-of-roundness, and any other deformations. The sizing pig run shall be considered acceptable if the survey results indicate that there are no sharp anomalies (e.g. dents, buckles, gouges, and internal obstructions) greater than 2 percent of the nominal pipe diameter, or excessive ovality greater than 5 percent of the nominal pipe diameter. For gauging purposes, dent locations are those defined above which occur within a span of five feet or less. Pipe ovality shall be measured as the percent difference between the maximum and minimum pipe diameters. For gauging purposes, ovality locations are those defined above which exceed a span of five feet. D. Ream and Pullback: 1. Reaming: Reaming operations shall be conducted to enlarge the pilot after ` acceptance of the pilot bore. The number and size of such reaming operations shall be conducted at the discretion of the Contractor. 2. Pulling Loads: The maximum allowable pull exerted on the HDPE pipelines shall be measured continuously and limited to the maximum allowed by the pipe manufacturer so that the pipe or joints are not over stressed. ' 2006220-02 02300 5/8 ■ 3. Torsion and Stresses: A swivel shall be used to connect the pipeline to the drill pipe to prevent torsional stresses from occurring in the pipe. 4. The lead end of the pipe shall be closed during the pullback operation. 5. Pipeline Support: The pipelines shall be adequately supported by rollers and side booms and monitored during installation so as to prevent over stressing or buckling during the pullback operation. Such support/rollers shall be spaced at a maximum of 60 feet on centers, and the rollers to be comprised of a non-abrasive material arranged in a manner to provide support to the bottom and bottom quarter points of the pipeline allowing for free movement of the pipeline during pullback. Surface damage shall be repaired by the Contractor before pulling operations resume. 6. The contractor shall at all times handle the HDPE pipe in a manner that does not over stress the pipe. Vertical and horizontal curves shall be limited so that wall stresses do not exceed 50% of yield stress for flexural bending of the HDPE pipe. If the pipe is buckled or otherwise damaged, the damaged section shall be removed and replaced by the Contractor at his expense. The Contractor shall take appropriate steps during pullback to ensure that the HDPE pipe will be installed without damage. E. Handling Drilling Fluids and Cuttings: 1. During the drilling, reaming, or pullback operations, the Contractor shall make adequate provisions for handling the drilling fluids, or cuttings at the entry and exit pits. These fluids must not be discharged into the street or waterway. When the Contractor's provisions for storage of the fluids or cuttings on site are exceeded, these materials shall be hauled away to a suitable legal disposal site. After completion of the directional drilling work, the entry and exit pit locations shall be restored to original conditions. The Contractor shall comply with all permit provisions. 2. Pits constructed at the entry or exit point area shall be so constructed to completely contain the drill fluid and prevent its escape to the street or waterway. 3. The Contractor shall utilize drilling tools and procedures which will minimize the discharge of any drill fluids. The Contractor shall comply with all mitigation measures listed in the required permits and elsewhere in these Specifications. 4. To the extent practical, the Contractor shall maintain a closed loop drilling fluid system. 5. The Contractor shall minimize drilling fluid disposal quantities by utilizing a drilling fluid cleaning system which allows the returned fluids to be reused. 6. As part of the installation plan specified herein before, the Contractor shall submit a drilling fluid plan which details types of drilling fluids, cleaning and recycling equipment, estimated flow rates, and procedures for minimizing drilling fluid escape. 1.4 DRILLING OPERATIONS A. General: The Contractor shall prepare a plan to be submitted for Engineer approval which describes the noise reduction program, solids control plan, pilot hole drilling procedure, 2006220-02 02300 6/8 the reaming operation, and the pullback procedure. All drilling operations shall be performed by supervisors and personnel experienced in horizontal directional drilling. All required support, including drilling tool suppliers, survey systems, mud cleaning, mud NL disposal, and other required support systems used during this operation shall be provided by the Contractor. Drill pipe shall be API steel drill pipe, Range 2, Premium Class or higher, Grade S-135 in a diameter sufficient for the torque and longitudinal loads and fluid capacities required for the work. Only drill pipe inspected under API's Recommended Practice Specification API RP 7G within 30 days prior to start and certified as double white band or better shall be used. A smoothly drilled pilot hole shall follow the design centerline of the pipe profile and alignment described on the construction drawings. The position of the drill string shall be monitored by the Contractor with the downhole survey instruments. Contractor shall compute the position in the X, Y and Z axis relative to ground surface from downhole survey data a minimum of once per length of each drilling pipe (approximately 31 foot interval). Deviations from the acceptable tolerances described in the Specifications shall be documented and immediately brought to the attention of the Engineer for discussion and/or approval. The profile and alignment defined on the construction drawings for the bores define the minimum depth and radius of curvature. At no point in the drilled profile shall the radius of curvature of the bore be less than 1,600 feet. The Contractor shall maintain and provide the Engineer, upon request, the data generated by the downhole survey tools in a form suitable for independent calculation of the pilot hole profile. During the entire operation, waste and leftover drilling fluids from the pits and cuttings shall be dewatered and disposed of in accordance with all permits and regulatory agencies requirements. Remaining water shall be cleaned by Contractor to meet permit requirements. Technical criteria for bentonite shall be as given in API Spec. 13A, Specification for Oil Well Drilling Fluids Material for fresh water drilling fluids. Any modification to the basic drilling fluid involving additives must describe the type of material to be used and be included in Contractor's drilling plan presented to the Engineer. The Owner retains the right to sample and monitor the waste drilling mud, cuttings and water. B. Environmental Provisions: The Horizontal Directional Drilling operation is to be operated in a manner to eliminate the discharge of water, drilling mud and cuttings to the adjacent creek or land areas involved during the construction process. The Contractor shall provide equipment and procedures to maximize the recirculation or reuse of drilling mud to minimize waste. All excavated pits used in the drilling operation shall be lined by Contractor with heavy duty plastic sheeting with sealed joints to prevent the migration of drilling fluids and/or ground water. 2006220-02 02300 7/8 The Contractor shall visit the site and must be aware of all structures and site limitations at the directional drill crossing and provide the Engineer with a drilling plan outlining procedures to prevent drilling fluid from adversely affecting the surrounding area. Waste cuttings and drilling mud shall be processed through a solids control plant comprised as a minimum of sumps, pumps, tanks, desalter/desander, centrifuges, material handlers, and haulers all in a quantity sufficient to perform the cleaning/separating operation without interference with the drilling program. The cuttings and excess drilling fluids shall be dewatered and dried by the Contractor to the extent necessary for disposal in offsite landfills. Water from the dewatering process shall be treated by the Contractor to meet the permit requirements and disposed of locally. The cuttings and water for disposal are subject to being sampled and tested. The construction site ad adjacent areas will be checked frequently for signs of unplanned leaks or seeps. Equipment (graders, shovels, etc.) and materials (such as groundsheets, hay bales, booms, absorbent pads) for cleanup and contingencies shall be provided in sufficient quantities by the Contractor and maintained at all sites for use in the event of inadvertent leaks, seeps or spills. Waste drilling mud and cuttings shall be dewatered, dried, and stock piled such that it can be loaded by a front end loader, transferred to a truck and hauled offsite to a suitable legal disposal site. The maximum allowed water content of these solids is 50% of weight. Due to a limited storage space at the worksites, dewatering and disposal work shall be concurrent with drilling operations. Treatment of water shall satisfy regulatory agencies before it is discharged. 1.4 MEASUREMENT AND PAYMENT Measurement for HDPE pipe, whether open cut or HDD, shall be per linear foot of pipe installed and measured horizontally along the centerline of pipe. For open cut installation, the unit price bid per linear foot shall be full payment for excavation, pipe installation, bedding, backfill, and all labor, material, equipment and incidentals necessary to complete the work. For HDD installation, the unit price bid per linear foot shall be full payment for all labor, material, equipment and incidentals for drilling,joining, storage, disposal of cuttings and `i fluids, and compliance with environmental requirements necessary to complete the work. END OF SECTION 2006220-02 02300 8/8 PART F CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW VENDOR COMPLIANCE TO STATE LAW EXPERIENCE RECORD EQUIPMENT SCHEDULE PERFORMANCE BOND PAYMENT BOND MAINTENANCE BOND NOTICE The blank spaces in the Certificate of Insurance; Performance, Payment, and Maintenance Bonds; and Contract are not to be filled in by the Bidder at the time of submitting his proposal. These forms are included herein to familiarize the Bidder with such forms which the successful Bidder will be required to execute. 2-Table of Contents.doc ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DD DATE(MM/DD/YYYY) .. FUTUR-3 1 12 05 08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Independent Insurance Group HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 3010 LBJ Freeway Ste. 920 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75234-7004 Phone: 972-231-827 7 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Amerisure Mutual Ins. Co. tt: INSURER B: Future Telecom Inc. INSURER C: P.O. BOX 852726 INSURERD: Mesquite TX 75180 INSURER E: a COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POL EF E T E LILY XPI ATION LTRINSRP TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE MM/DDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,0 0 0,0 0 0 A X COMMERCIAL GENERAL LIABILITY CPP2056879 09/13/08 09/13/09 PREMISES(Ea occurence) $300,00 CLAIMS MADE FK OCCUR MED EXP(Any one person) $ 10,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY r Ca accident) SINGLE LIMIT $ 1,0 0 0,0 0 0 A X ANYAUTO CA2056877 09/13/08 09/13/09 ( ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10,000,000 A X OCCUR CLAIMS MADE CU2056881 09/13/08 09/13/09 AGGREGATE $ 10,000,000 DEDUCTIBLE $ X RETENTION $10,000 $ WORKERS COMPENSATION AND TORY LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER �i A Equipment Floater IM2056880 09/13/08 09/13/09 Per Item $250,000 Ded $1000/$2500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Catalina Hill Drainage at River Crest Landing Project Number: P228-5412002072800489 SEE ATTACHED NOTE *except 10 days for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CITYFTW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL *3 0 DAYS WRITTEN City of Fort Worth NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Attn: Nikki McLeroy IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Contract Administrator 1000 Throckmorton REPRESENTATIVES. Fort Worth TX 76102 AUT REPR SEN TIVE ACORD 25(2001108) ©ACORD CORPORATION 1988 NOTEPAD. HOLDER CODE CITYFTW FUTUR-3 PAGE 3 +A INSUREDS NAME Future Telecom, Inc. OP ID DD DATE 12/05/08 Project: Catalina Hill Drainage at River Crest Landing Project Number: P228-5412002072800489 The City of Fort Worth, its officers, employees and servants are additional insured on the General Liability policy when required by written contract. General Liability is priamry and non-contributory. Waiver of subrogation issued in favor of certificate holder on the Workers Comp. policy when required by written contract. r,. w Q IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. TA ACORD 25(2001/08) CERTIFICATE OF INSURANCE TO: CITY OF FORT WORTH Date_ NAME OF PROJECT: Catalina Hill Drainaae at Rh-er Crest Landing PROJECT NUMBER: P228-5412002072800489 rr IS TO CERTIFY THAT: Future Telecom. Inc. is,at the date of this certificate,Insured by this Company with respect to the business operations hereinafter described,for the type of insurance and accordance with proN isions of the standard policies used by this Company,and further hereinafter described. Exceptions to standard policy noted on reverse side hereof. TYPE OF INSURANCE y Policy Effective Expires Limits of Liability Worker's Compensation Comprehensive General Bodily Injury. Liability Insurance(Public Ea.Occurrence: Liability) Property Damage: Ea.Occurrence: $ Blasting Ea.Occurrence: $ Collapse of Building or structures adjacent to Ea.Occurrence: $ excavations Damage to Underground Utilities Ea.Occurrence: $ Builder's Risk Comprehensive Bodily Injury: Automobile Liability Ea.Person: $ Ea.Occurrence:$ Property Damage: Ea.Occurrence:$ Bodily Injury. .� Contractual Liability Ea.Occurrence: $ Property Damage: Ea.Occu^.e-ce: $ .� Other Locations covered: _ Description of operations covered: The above policies either in the body thereof or by appropriate endorsement provided that they may not be changed or canceled by the insurer in less than five(5)days after the insured has received written notice of such changer .� cancellation. Where applicable local laws or regulations require more than.five(5)days actual notice of change or cancellation to be assured,the above policies contain such special requirements,either in the body thereof or by appropriate endorsement ,.. thereto attached. The City,its officers,employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's worker's compensation insurance policy. Agency Insurance Co.: _ Fort Worth Agent BY, Address Title CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides workers compensation insurance coverage for all of its employees employed on City of Fort Worth project. Contractor Y By: Name: ccJtCS Title, `Z`t.51�}z-�v Date: 9 IZ b$ STATE OF TEXAS COUNTY OF TARRANT B FOR^ iviE, the undersigned authority, on this day personally appeared _ t known to me to be the person whose name is subscribed the foregoing instrumprit, and acknowledged to me that he executed the same as the act and deed of E Ltd cu, f `;ti'Yl , JKIC the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF.OFFICE this day of , 20� CHRISTIE ROBINSON U r� Notary Public Notary Public in and for the State of Texas STATE OF TEXAS _ My Comm.Exp.Aug.06,2411 21-Part F Fonns-and-Bonds.doo F -2 VENDOR COMPLIANCE TO STATE LAW The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of contracts to non-resident bidders. The law that, in order to be awarded a contract as low bidder, non-resident bidders (out-of-state contractors whose corporate offices or principal place of business are outside of the state of Texas) bid projects for construction, improvements, supplies or services in Texas at an mount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principle place of business is located. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. ` A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non resident vendors in (give state), or principal place of business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. [] BIDDER: By. Company (please print) Signature: -_,4.5 X -7 SCOO Title: s City State Zip (please print) THIS FORM MUST BE RETURNED WITH YOUR QUOTATION r 21-Part F Fonns-and-Bonds.doc F-3 ma EXPERIENCE RECORD THIS FORM MUST BE RETURNED WITH YOUR QUOTATION List of Projects your Organization has successfully completed: AMOUNT OF CONTRACT TYPE OF WORK DATE ACCEPTED NAME AND ADDRESS OF AWARD OWNER List of Projects your Organization is now engaged in completing: AMOUNT OF CONTRACT ANTICIPATED DATE OF NAME AND ADDRESS OF AWARD TYPE OF WORK COMPLETION OWNER List Surety Bonds in force on above incomplete work: DATE OF CONTRACT TYPE OF WORK BOND AMOUNT OF BOND NAME AND ADDRESS OF AWARD SURETY 21-Part F_Fonns-and-Bonds.doc F-4 THIS FORM MUST BE RETURNED WITH YOUR QUOTATION List of Equipment owned by Bidder that is in serviceable condition and available for use: Portions of work Bidder proposes to sublet in case of Award of Contract including amount and type: 21-Part F Forms-and-Bonds.doc F -5 UNIT# DESC "ENT LIST 005 Komatsu Excavator 007 John Deere 310SE 009 Air Compressor 011 1999 Cable Pullins Trailer 012 1999 T150 Cable Reel Trlr 014 Bobcat Skidsteer Ldr& kent Attch 015 Double Drum Roller 016 John Deere 710 BH LOADER 017 2000 Vermeer Vac Trailer 018 1999 John Deere 310SE BH 019 Kubota 2350 Tractor 028 2003 White Reel Trailer 029 2003 White Reel Trailer 030 2003 Allmand Arrowboard 033 2000 JD 310SE BH 036 2000 Big Tex Utility/Saw Trlr 038 Komatsu 170 Excavator 04 = 1996 Eze Trailer 042 112000 Cham ion Reel Trlr 043 112000 Champion Reel Trlr 045 12001 Champion 6 Reel Trailer 046 486E Forklift 047 _ John Deere 310 SE BH 048 1994 GMC Crane Truck 056 ��2000 Arrowboard 056 2001 Pintle Hook Trailer 067 2001 Big Tex Utili Trlr 060 2001 Allmand Arrowboard 062 2000 JD 310E BH 063 2000 JBC214 BH w/bckt 064 Kent Skidsteer Breaker-Bobcat 066 —�Planer attacment-Bobcat 067 60" Bucket Sweeper-Bobcat 068 070 112004 Light Tower Of Copy of Vehicle Lquipmert moist 6-27�0 8 072 2001 Big Tex Dump Trlr 11 UM# DE C EfNT�ML 5T 073 12001 Big Tex Trailer 074 112001 Roose Reel Trailer 075 12001 CPE Reel Trailer 076 ��2001 Sullair Compressor 077 Sullair Compressor 078 IlKent Backhoe Breaker 079+�Sk Trak Forklift 081 2002 Car o Carrier Trailer 082 2002 Big Tex Gooseneck 084 Kent Hydraulic Breaker 085 JjAllmand Arrowboard 088 11yermeer Trencher 089 2003 Arrowboard 091 1999 Vermeer Vactron 092 1993 Komatsu PC 2000 093 2000 Air Compressor 094 1996 Core Drill Trailer 095 IlHammerHead Mole 096 Case Dozer 097 Little Beaver Auger 099 2004 JD 310SG Ext 0100 2004 JD 310SG Ext 0101 Radio Detection Drill Trck 0103 Bobcat Trench Compactor 0105 Vermeer Dir Drill 24x40A 0107 Hydraulic Hammer 0108 2000 Fiber Winder 0109 1997 Belshe Trailer 0110 11310 SG Backhoe 0111 —�310 SG Backhoe 0112 1 Fiber Winder 0113 Komatsu DC35-MR2 0114 ��VacTron 850 0115 12005 Pitts 52 ton Trailer 0116 1998 850 Vactron Trailer 0118 IlHusky Trailer Copy of Vehicle Equipment List 8-27-2008 UNIT DESt�T LIDS I 0120 John Deere 310 SG Backhoe 0121 John Deere 31OSG Backhoe 0122 1178 Fuel Tanker 0123 2005 Husky Trailer 0124 IKent Hammer 0125 112005 Ranger 04 0126 Bi Tex Trailer 0127 12005 Big Tex Trailer 0128 2001 Cat 963C Crawler Loader 0130 2005 Tx Bragg trailer 0131 j Eclipse Locater 0132 —�Komatsu PC27 MR 0134 Elec Sissor Lift 0135 PC 120 Compaction Roller 0136 8X10 Shore Box Hydraulic Shield 0137 10X10 Shore Box 0138 Arrowboard 0139 Arrowboard 0140 12006 Protrack trailer 0141 80X100 bore ri 0142 Komatsu excavator PC35 0143 06 Big Tex trailer 0144 199 tulsa reclaimer 0145 Interstate 40 ton bore rig trailer 0147 Eclipse Locater with Remote 0148 jKomatsu Excavator PC35 0149 IAllmand Arrowboard 0150 Allmand Arrowboard 0151 Vermeer 16x20 Bore Rig with Belshe Trailer 0152 2006 Biq Tex Trailer 0153 2006 Bi Tex Trailer 0164 J12006 Big Tex Trailer 0155 2006 Big Tex Trailer 0156 Jum in Jack 0157 IJumping Jack 0158 Vermeer 16x20 Bore Rig with Belshe Trailer 0159 1jJD 310SJ Backhoe I Copy of Vehicle Equipment List 8-27-2008 0160 jJD 310SJ Backhoe i r-QUI-mcNT�sao f UNIT# DESCRIPTION 0161 1107 Trailer & Spoil Vactron 0162 D24x40 Drill 0163 0164 06 PJ DT 122 Dumg Trailer 0165 Solus Elite Kit Scanner 0166 Fuels stem 0167 1200OArrowBoard 0168 2000ArrowBoard 0169 IlVermeer Excavator 017'0 -- 0179 IlBobcat 250 Welder LH 280037H 0172 Dorn 0173 JISpoil Vac actron w trailer SPV 800 0174 IlReclairner MCS-350 0175 112008 BuIlDog 80bbl Vac Tank System 0176 112008 BuIlDog 80bbl Vac Tank System 0177 JISuperior 40K lb Trailer 0178 112008 Interstate 50 ton bore rig trailer 0179 1180xlOO bore rig drill 0180 Floor Saw 0181 Ivermeer 100x120 Drill 0182 165HP Concrete Saw 0183 1999 Bels FB Trailer 0184 310SE Backhoe 0186 2006 Portable Air Compressor 0186 In ersoll Air Compressor 1187 2008 Big Tex Trailer 0188 MCS-350 Mud Recycling System 0189 IlSolar Arrow Board 10190 John Deere Tractor/Farm Loader Houston Dallas �� Copy of Vehicle Equipment List 8-27-2008 FUTURE TELECOM, INC. Date Printed Project Tracking and Analysis Beginning Date of Report: �Yx Ending Date of Report: SCHEDULE OF COMPLETED Projects over$500K in Past 2 Years Job Comp Year/M Year/M Amended Owner Contact Phone Job 0 Description Y or N Start Comp Contract Name Person 3364 Lubbock CASI Y Jun-07 Aug-07 406576 MCI-Verizon Business Jordy Reeves 214-674-0555 3478 Midland Ring Y Oct-07 Dec-07 435100 MCI-Verizon Business Jeff Beuhler 972-729-6404 3327 XTO-Bamett Y Apr-07 4/31/08 1006040 XTO Energy Kenny Williamson 817-832-1826 3180 800 SH 121-Bear Stems Y Dec-06 Jun-07 700215 AT&T Kelly Fails 210-463-9875 2982 StoneOak Loop-SA Y Jun-06 Mar-07 1327055 MCI-Verizon Business Jordy Reeves 214-674-0555 3471 Citigroup-Georgetown Y Oct-07 Mar-08 3489566 MCI-Verizon Business Jordy Reeves 214-674-0555 3275 Mesquite WAN ring Y Mar-07 Aug-07 4720028 City of Mesquite Jerry Dittman 972-329-8733 2835 Hwy 130-SBC duct placing Y Jan-06 Apr-08 1504500 Lone Star Infrastructure Doug Fuller 512-681-6000 FUTURE TELECOM INC. J �-%� 7 ��� Date Printed Project Tracking and Analysis ��"' b✓� Beginning Date of Report »�* Ending Date of Report: SCHEDULE OF JOBS COMPLETED AND IN PROCESS: LPRNED.N F'aIDR YEARS Customer Job Comp YeaNM Yoar)M Amended Sub Rental& Trawl Inhouse Indirect Costs to Costa to Total Eat. % Earned Billings Costs In Billings K"nue Cost of O+c.as .lob it Name DaaenPtbn Y w N Sun c 6e canrrsci C—Wegt hiann.a Ledp-y Lobs G-sia b44 Con.p.y Caere 0c Ap To Dai. to Dan 0;eye r..craa E+rn*0 yt—n� Profit 34x5 Mastec Luna&VoWy Yr re Y B.F-01 Sep 0 26OD 593 720 1313 0 1700 100% 2500 2500 0 0 Q 3426 AT&T Richey road Y Sop-07 Sep-07 5120 29 1086 1318 2433 0 3482 100% 5120 5120 0 0 0 3427 MCI Montrose fiber damage Y Sep-07 Sep-07 12462 360 443 538 1341 0 8474 100% 12462 12462 0 0 0 3429 Level 3 8 Campus Circle Y Sep-07 Nov-07 1763 785 957 1745 0 1192 100% 1753 1753 0 0 0 3430 Level 2828 Haskell Y Sep-07 Oct-07 57325 20345 7007 7203 8743 43300 0 38981 100% 57325 57325 0 0 0 3431 Pavecon ACS 2828 N.Haskell Y Sep-07 Oct-D7 92500 17453 11058 13425 41936 0 62900 100% 92500 92500 0 0 0 3432 City of Mesqu Fiber splicing Y Sep-07 Dec-07 6t1224 35401 2371& 478 580 60177 0 54579 100% 68224 68224 0 0 O 3433 Manhattan Preslonwood Baptist Y Sep-07 Nov-07 8800 2400 11e 1200 1457 5173 0 5984 100% 8800 8800 0 0 0 3434 MCI San Antonio TXDOT relo Y Sep-07 Oct-07 155336 22548 26764 7613 23984 29118 110027 0 105628 100% 155336 166336 0 0 A 3435 MCI 500 Dove Y Sep-07 Sep-07 1418 546 663 1209 0 964 100% 1418 1418 0 0 Q 3436 FibeAight 1400 Prosidlo Y Sep-07 Dee-07 94711 7000 8583 20098 24400 60081 0 64403 100% 94711 94711 0 0 O 3437 MCI 250 John Carpenter Y Sep-07 Sep-07 3802 1150 1396 2546 0 2585 100% 3802 3802 0 0 0 3439 FibeAight 4120 International Y Sep-07 Oct-07 225712 32600 4054 274D3 33269 9752E 0 153464 100% 225712 225712 0 0 p 3440 MCI 222 Las Colinas Y Sep-07 Sep-07 1188 37 478 580 1095 0 808 100% 1188 ties 0 0 J 3441 Medco BHC Splicing Y Sep-07 Oct-07 2032 1472 0 1472 0 1626 100% 2032 2032 0 0 0 3442 MCI 2001 Westgate Y Sep-07 Sep-07 2963 730 888 1616 0 2015 100% 2963 2963 0 0 0 3443 AT&T 1000 Co11-Countrywide Y Sep-07 Oct-07 68789 13803 6384 12132 14729 47048 0 46777 100% 68789 68789 0 0 a 3444 Keith Product:4554 Claire Chenault Y Sep-07 Sep-07 2725 379 748 908 2035 0 1853 100% 2725 2725 0 0 ,0 3445 MCI Mauriceville Y Sep-07 Sep-07 3636 669 812 1481 0 2472 100% 3636 3636 0 0 41 3446 AboveNet 4965 Preston Park Y Sep-07 Sop-07 2400 317 385 702 0 1632 100% 2400 2400 0 0 0 3445 Leva13 Ennis Relo Y Sep-07 Mar-08 98750 7050 171 4643 5637 17501 0 59250 100% 98750 49375 49375 0 D 3449 XO 4101 Bryan Y Sep-07 Oct-07 2450 1407 1708 3115 0 1666 100% 2450 2450 0 0 _ 3450 Johnson Cont 07-BRIM-04 Y Sep-07 Nov-07 8494 6787 0 6787 0 6795 100% 8494 8494 0 0 3451 Integrated Fut 07-VANT-01 Y Sep-07 Nov-07 39200 31030 0 31030 0 31360 100% 39200 39200 0 0 0 3452 IDG Services 07-NIMS-01 Y Sep-07 Sep-07 80 64 0 64 0 64 100% 80 80 0 0 ��P 3453 Johnson Cont 07-OBRK-01 Y Sep-07 Sep-07 355 284 0 284 0 284 100% 355 355 0 0 'p 3454 Johnson Cont 07-IVIS-04 Y Sep-07 Sep-07 259 206 0 206 0 207 100% 259 259 0 0 D 3455 Johnson Cont 07-SUER-01 Y Sep-07 Sep-07 468 e36 0 636 0 366 100% 458 458 0 0 i 0 3456 AT&T Veterans MH Y Sep-07 Oct-07 9530 628 2402 2916 5846 0 6480 100% 9530 9630 0 0 ¢ 3467 AT&T Sunset duct proof Y Sep-07 Oct-07 3330 413 501 914 0 2264 100% 3330 3330 0 0 3458 AboveNet Vertbiz Y Oct-07 Nov-07 41746 6452 5128 6225 178W 0 28387 t00% 41746 41746 0 0 0 3459 Superior Cedar Crook cable Y Sep-07 Oct-07 8743 6723 0 6723 0 6994 100% 8743 8743 0 0 0 3460 VeAzon 35 Fiber placing Y Ocl-03 Do"7 5443 143 704 855 1702 0 3701 100% 5443 5443 0 0 f 6 3462 Ledeor Regent MH Y Oct-07 Oct-07 7800 3500 459 557 4516 0 5304 100% 7800 7800 0 0 0 3463 Leve13 2250 Lakeside Y Oct-07 Dec-07 87248 34868 4040 6838 8302 54048 0 59329 100% 87248 87248 0 0 3464 FibeAight 750 St Paul Y Oct-07 Der,07 17273 4214 4652 5648 14514 0 11746 100% 17273 17273 0 0 the;, 0 3465 Fisk 7501 Esters Y Oct-07 Oct-07 4000 2000 420 0 2420 0 2720 100% 4000 4000 0 0 0 3467 Ledcor FM 2381 Amarillo Y Oct-07 Oct-07 81750 57750 0 57750 0 61313 100% 81750 s1760 0 0 0 3468 Rogers Obrlai 8333 Douglas Y Oct-07 Oct-07 900 0 0 0 612 100% 900 900 0 0 0 3469 AboveNet Lamar fiber Y Oct-07 Nov47 4275 1200 85 521 633 2439 0 2907 100% 4275 4275 0 0 D 3470 AT&T 211 Akard Y Oct-07 Nov47 10957 68 1818 2207 4093 0 7451 100% 10957 10967 0 0 3471 MCI Cliigroup-Goorgetown Y Oct-07 Mar-08 3600000 872609 131092 56157 147584 179176 1386618 0 2625000 100% 3500000 2098277 1401723 0 3472 Barrett 15000 Surveyor Y Oct-07 Nov-07 10400 5797 792 962 7561 0 7072 100% 10400 10400 0 0 3473 DART Harry Hines&Douglas Y Oct-07 Oct-07 53070 12440 3102 2422 2940 20904 0 36088 100% 53070 53070 0 0 4' 3474 J&V Continental and Victory Y Oct-07 Nov-07 19970 3150 11485 5375 6528 28538 0 13580 100% 19970 19970 0 0 A 3476 AboveNet 1680 Glenville Y Oct-07 Oct-07 19515 2B32 1093 2958 3591 10474 0 13270 100% 19615 19515 0 0 Q 3477 AboveNet 1001 Campbell Y Oct-07 Mar-08 49900 6290 0 6290 0 33932 100% 49900 0 49900 0 'D 3478 Level 3 Midland Ring Y Oct-07 Dee-07 435100 235962 45069 1492 3201 3886 289610 0 295868 100% 435100 435100 0 0 `!} 3478 MCI 500 N.Central Y Oct-07 Nov-07 965 183 222 405 0 856 100% 965 965 0 0 3480 MCI 717 Harwood Y Oct-07 Oct-07 1485 207 251 458 0 1010 100% 1485 1486 0 0 , 3481 MCI 6 Campus Circle Y Oct-07 Nov-07 1485 1352 1641 2993 0 1010 100% 1485 1485 0 0 P6 3463 FibeAight Nursery&Pioneer Y Oct-07 Mar-08 58241 123" 10014 12163 34520 0 39604 100% 58241 36400 21841 0 '0 34841MC2 Locales Y Oct-07 Nov-07 640 114 138 252 0 435 100% 640 640 0 0 -; 3485 IOG Services 07-NIMS-02 Y Oct-07 Nov-07 8898 6925 0 6925 0 7118 10D% 8898 8898 0 0 '¢ 3486 AT&T Mod Center Rod&Rope Y Oct-07 Da"7 43100 2201 11026 13385 26613 0 29308 100% 431DO 43100 0 0 3467 AboveNet Lamar&Elm Y Nov-07 Nov-07 15500 3135 3451 4190 10776 0 10540 100% 15600 15500 0 0 _ 8 3486 Superior 2300 Pioneer Pkwy Y Nov-07 Nov-07 5978 4500 0 4500 0 4782 100% 5978 5978 0 0 0 3489 ort uan FCIpa Handhorea Y F}x.'-37 19n 117 3875 $0, 380 404 1732 0 2f.35 I-M% 3875 3875 0 0 D iaD.poi rfarfiP4'delalis ' Nea-07 Na-7 5424 a 'J. a 3666 lccnS 54;; l I 1 1 I ' I i I l I I I s i 1 K 4 1 1 3491 Johnson Cont J7-BRIM-08 Y Nov-07 Nov-07 240 187 0 187 0 192 100% 240 240 0 0 C 3494 bit 6 V.7lzerf 1933 Praslc� I? 40Y.D? Na-37 13if} 41 245 3G2 {,3+ 0 680 'G{S GGG 13,T- } 0 6 305 AT&T Hwy 130 Xing Y Na'-07 P8c-D7 �3183 211119 43$ p 24312 G 15070 =110'. �9485 s;44d.{ 0 '3 9 3496 Quania Cattle Barran Road Y F'nv-0F W4 117 15203 7qB 4954 6014 "'de 0 lvjl} 19C?, r,}2M} E21f. r Q. 341q PWeax; PlappPq{441L If .SLa+o-PoT PWI%7 =-JS 0 9 0 1410E 1U;r3. 22W 2200 5 6 0 3498 Johnson Cont 07-BRIM-12 Y Nov-07 Dee-07 872 692 0 692 0 698 100% 872 872 0 0 'C 3499 Johnson Cont 07-BRIM-11 Y Nov-07 Dec-07 3343 2638 0 2638 0 2674 100% 3343 3343 0 0 0 3500 Johnson Cont O7-BRIM-10 Y Nov-07 Dee-07 712 567 0 567 0 570 100% 712 712 0 0 9 3503 Racetrack Luna&Valley View Y Nov-07 Dee-07 51250 482 7429 9019 16930 0 34850 100% 51250 51250 0 0 0 3504 Ledeor 287 Lowering Y Dee-07 Dec-07 21000 425 2075 2519 5019 0 14290 100% 21000 21000 0 0 .¢ 3505 AboveNet St Paul&Elm Y Nov-07 Dee-07 5175 930 1898 2304 5132 0 3519 100% 5175 5175 0 0 G 3506 AboveNet 901 Main Y Nov-07 I Dec-07 3970 1804 2190 3994 0 2700 100% 3970 3970 0 0 9 3507 Bovis Shiloh&Renner Y Nov-07 Dec-07 7500 2342 2843 5185 0 5100 10096 7500 7500 0 0 4 3508 AT&T Nexgsn-Katy Y Dec-07 Dee-07 74440 26385 1358 14843 19020 60606 0 50619 100% 74440 74440 0 0 D 3510 GXT Main St MH details Y Dee-07 Dee-07 3498 795 965 1760 0 2379 100% 3498 3498 0 0 .0 3511 AT&T Fannin manhole Y Dec-07 Dee-07 6550 825 1055 1281 3161 0 4454 100A 6550 6550 0 0 C 3512 AboveNet 8500 Freeport Y Dee-07 Dec-07 19968 4327 5253 9580 0 13578 100% 19968 19988 0 0 0 3513 AboveNet 1801 Royal Y Dec-07 Dee-07 16269 7000 453 140 1020 9313 0 110113 1009A 16269 113269 0 0 0 3514 Johnson Cont Q7-IVIB-08 Y Dea07 Dec-07 1798 1422 0 1422 0 1438 100% 1798 1798 0 0 0 3515 Johnson Cont 07-BRIM-14 Y Dee-07 Dee-07 3762 2982 0 2982 0 3010 100% 3762 3762 0 0 D 3516 Johnson Cont 07-BRIM-13 Y Dee-07 Dee-07 1032 $16 0 816 0 826 100% 1032 1032 0 0 0 35W Medco All Saints#3 Y Dec-07 Dee-07 16717 2331 5651 6739 14621 0 11368 100% 16717 16717 0 0 k 3518 ICFN Backbone splicing Y Dec-07 J8n-08 25787 1316 0 1316 0 17535 100% 25787 0 25787 0 4 3519 Armoreast Metal work Y Nov-07 Dee-07 2500 331 0 331 0 1700 100% 2500 2500 0 0 9 3520 Teehgrtlup Elm St MH surveys Y Dec-07 Dee-07 1536 361 438 799 0 1044 100% 1536 1536 0 0 G 3521 Johnson Cont 07-BRIM-15 Y Dee-07 'L�_0- 80 63 0 63 0 64 100% 80 80 0 0 D 3522 Johnson Cant O7-BRIM-16 Y Dec-07 Dee-07 2587 2028 0 2028 0 2070 100% 2587 2587 0 0 0 3623 Johnson Cont Q7-BRIM-17 Y Dec-07 Dee-07 1527 1302 0 1302 0 1302 100% 1627 1627 0 0 4 3524 Hill&Wilkeru6501 Wlndcrest Y Dec-07 Dee-07 3000 510 619 1129 0 2040 100% 3000 3000 0 0 0 3525 Walton Const 07-WALT-01 Y Dee-07 Dec-07 2556 2007 0 2007 0 2045 100% 2556 2556 0 0 0 3526 AboveNet XTO 110 7th Y Dec07 May-08 29400 0 0 0 19992 100% 29400 29400 0 4 3527 Fiberiighl 4025 Midway Y Dec-07 Jan-08 12787 0 0 0 8695 100% 12767 0 12787 0 0 3528 Medco Plano Boras a2 Y Dee-07 Dee-07 1000 750 0 750 0 680 100% 1000 1000 0 0 0 3530 AT&T 510 Crown Y Dec-07 Jan-06 13935 215 112 136 463 0 9476 100% 13935 0 13935 0 0 3531 IDG Services 07-NIMS-03 Y Dee-07 Dee-07 2975 2380 0 2380 0 2390 100% 2975 2975 0 0 0 3532 Connect Sysh SW Medical Y Dec-07 Dee-07 18050 11000 3655 225 273 15153 0 14440 100% 18050 18050 0 0 0 3533 MCI 1717 Main Y Dee-07 Dec-07 1321 325 396 722 0 898 100% 1321 1321 0 0 0 3534 MCI 4211 SW Freeway Y Dec-07 Dec-07 5595 88 1058 1284 2430 0 3805 100% 5596 5595 0 0 0 3535 Flberiigm 1704 Main Y Dec-07 Jan-08 16550 2732 0 2732 0 11254 100% 16550 0 16550 0 0 3536 Ledcor Wichita Falls potholes Y Dec-07 Dee-07 9000 7500 0 7600 0 7200 100% 9000 9000 0 0 4 3548 AboveNet Nokia Lateral Y .12 F08 Jan-08 16460 0 0 0 11193 100% 16460 16460 0 f7 3549 Southwest No 802 Montgomery Y Jan-08 Jan-08 26965 0 0 0 18336 100% 26965 26965 0 0 3550 MCI 1201 Main Y Jan-08 —.,':4 2648 0 0 0 1801 100% 2649 2648 0 G 3551 Manhattan Preslonwood Baptist Y Jan-08 :a^.C: 2224 0 0 0 1512 100% 2224 2224 0 0 3552 Pavecon Tennyson Potholing Y Jan-08 Jan-08 25950 0 0 0 17646 t00% 25950 25950 0 0 3553 AT&T Katy Fiber Placing Y Jan-08 .Mar-08 101000 0 0 0 68680 100% 101000 101000 0 D 3554 AT&T Daltile Lateral Y Jan-09 Jul-08 24960 0 0 0 16973 100% 24960 249W 0 0 3555 Johnson Cont O7-IVIB-09 Y Jan-08 Jan-08 5457 0 0 0 3711 100% 5457 5457 0 A 3556 Fibedight 11B30We1bb Chapel Y Jan-08 Mar-08 110765 0 0 0 75321 10016 110766 110766 0 13 3557 Guild Kimberly Clark Y Jan-08 Jan-08 12905 0 0 0 8775 100% 12905 12905 0 0 3559 Ledcor Both@]Rd Lowering Y Jan-08 Jan-09 1600 0 0 0 1088 100% 1600 1600 0 D' 3560 Parker Lane XTO Bores 2008 Y Jan-08 May-08 5000DD 0 0 0 340000 100% 500000 500000 0 0 3562 AT&T Medical Center conduits Y Jan-08 Jun-08 60000 0 0 0 40800 100% 60000 60000 0 0 3563 AT&T Westhetmer relo Y Jan-08 Mar-08 22650 0 0 0 15402 100% 22650 22650 0 0 3564 MCI 777 Main Y Jan-08 Feb-08 2455 0 0 0 1669 100% 2455 2455 0 'g 3565 AboveNet SH 35 Reio Y Jan-08 Mar-08 49951 0 0 0 33967 100% 49951 49951 0 9 3566 Superior Nonhside Library Y Jan-09 Jan-oe 6300 0 0 0 4294 100% 6300 5300 0 0 3567 Struhs Trinity Bluff It add work Y Jan-08 Feb-08 11172 0 0 0 7597 100% 11172 11172 0 3568 Fiberlight 2323 Bryan-Crocket 02 Y Jon-08 Mar-08 8751 0 0 0 5951 100% 9761 8751 0 0 3569 Johnson Cont 07-HAGR-02 Y Jan-08 ,Fmb44 1440 0 0 0 979 100% 1440 1440 0 0 3570 XO 3000 living Blvd Y Jan-011 Psb 08 6000 0 0 0 4080 100% 6000 6000 0 0 3571 MCI 360 LaleroPLubbock Y Jan-08 Mar-08 17677 0 0 0 12020 100% 17677 17677 0 0 3572 Leve13 4316 Bryan Y Jan-08 Jan-08 1900 0 0 0 1224 100% 18D0 1800 0 0 3573 Texltnk 13601 Preston#4 Y Jan-OB Jsn-08 1848 0 0 0 1257 100% 1848 1848 0 0 3574 Medco Garland bores Y Feb-08 Feb-08 4000 0 0 0 2720 100% 4000 40M 0 0 3575 Fiberiight Roy Orr Manhole Y FebOB Mar-08 71911 0 0 0 4895 100% 7198 7198 0 9 3576 Johnson Cont QB-OBRK-01&02 Y Feb-0 B I Feb-08 1200 0 0 0 816 100% 1200 1200 0 4 3577 Level 3 222 Las Colinas Y Feb-08 Fab-08 9500 0 0 0 6460 100% 95DO 9500 0 3578 McLeod Hwy 39 Relo Y Feb-08 Apr-08 181171 0 0 0 123196 100% 181171 181171 0 3579 Telwesl Holcombe a Main Y Feb-08 Fab-08 2732 0 0 0 lass 100% 2732 2732 0 ,tC 0 3580 McLeod 2nd Ave Y Feb-08 Feb-08 $74 0 0 0 458 100% 674 674 0 0 3581 Medco Washington&Gaston Y Fab*8 Feb-Os 3780 0 0 0 2570 100% 3780 3780 0 •+� A 3552 Johnson Cant 07-HAGR-01 Y Fab-OB Mar-08 55000 0 0 0 37400 100% 55000 55000 0 �g 3683 MCI 14643 Dallas Paritway Y Feb-08 Feb-08 ism 0 0 0 1296 100% 1906 1906 0 :a' 3584 Flberlight 5599 San Felipe Y Fsb-08 Apr-08 14489 0 0 0 91153 100% 14489 1"as 0 rQ 3585 Fiberiighl 5444 Weslhelmer Y Fsb-08 Apr-08 20046 0 0 0 13631 100% 20046 200" 0 3586 Level 3 Itasks Washout Y Feb-08 Ma9608 12300 0 0 0 $364 100% 12300 12300 0 G 3587 Lighthouse Young&Akard Y Feb-08 Mar-os Boo 0 0 0 644 100% B00 800 0 4 3689 Syme Canal Routh Manhole Y Feb*8 Feb-08 4800 0 0 0 3284 100% 4800 4800 0 Y,F' 3590 Fibenlght TW Project Mgr Y Fab-08 Mar-08 4800 0 0 0 3264 100% 4800 4800 0 3591 Level 3 120&Winscott Y Feb-08 Apr606 17900 0 0 0 12172 100% 17900 17900 0 (} 3593 Idex East Side Library Y Fsb08 Feb-08 6600 0 0 0 3808 100% 5600 5600 0 O 3594 MCI 14901 FAA Y Feb-08 Feb-08 3625 0 0 0 2465 100% 3625 3625 0 3595 Senior Consul VA Hospital-Temple Y Feb-08 Apr-08 50263 0 0 0 34179 100% 50263 50263 0 3586 Johnson Cant Q8-HAGR-04 Y Feb-08 Feb-08 1176 0 0 0 800 100% 1176 1176 0 0 3597 Johnson Cant QB-HAGR-05 Y Feb-Olt May-08 15750 0 0 0 10710 100% 15750 15750 0 :4 3598 Johnson Cant 08-OSRK-03 Y Feb-OS Fab-08 356 0 0 0 242 100% 356 356 0 3599 Johnson Cant Q8-OBRK-04 Y Feb-06 Feb-06 280 0 0 0 190 100% 280 280 0 3600 Johnson Cant QB-BUER-01 Y Feb-08 Fob-08 537 0 0 0 365 100% 537 537 0 k 3601 Walton Const QS-WALT-01 Y Feb-08 Fsb-08 320 0 0 0 218 100% 320 320 0 3602 Walton Const QB-WALT-02 Y Feb-08 Feb-W 320 0 0 0 218 100% 320 320 0 .¢ 3603 XO 4316 Bryan Y Feb-08 Mar-w 7375 0 0 0 5015 100% 7375 7375 0 �•0 3604 Johnson Cant Q8-HAGR-02 Y Feb-08 May-os 2138 0 0 0 1464 100% 2138 2138 0 0 3505 Johnson Cord 08-BRIM-01 Y Feb-08 Fab-08 240 0 0 0 163 to0% 240 240 0 3606 Techgroup Houston SBC Survey Y Feb-05 Mar-0B 6208 0 0 0 4221 100% 6208 6208 0 3607 Fiberlight 6435 Slemmons Y Mar-08 Apr-07 125090 0 0 0 $5061 100% 126090 125090 0 3609 Jakota 210 Wells Fargo Y Mar-08 Apr-N 6600 0 0 0 4488 100% 6600 6600 0 3610 Hilhvood Block N manholes Y Mar-08 Mar-o8 64DO 0 0 0 4352 100% 6400 6400 0 3611 Hlllwood Paystations Y Mar-08 Apr-08 110DO 0 0 0 7480 100% 11000 11000 0 � 3612 MCI 6606 LBJ Y Mar-08 .Mar-W 620 0 0 0 422 100% 620 620 0 3613 Level 3 2323 Bryan Y Mar-08 V Apr-OB 2150 0 0 0 1462 100% 2150 2150 0 3615 Johnson Cant 018-BRIM-07 Y Mar-08 Mar-05 260 0 0 0 177 100% 260 260 0 _ . 3616 Johnson Cant Q8-BRIM-08 Y Mar-08 Mar-06 4560 0 0 0 3101 100% 4560 4560 0 `0 3617 Hill&Wilkes,Empire Central Y Mar-08 MW-08 9600 0 0 0 6528 100% 9600 9600 0 9. 3619 Leve13 Mineola Y Mar-08 Apr-08 7500 0 0 0 5100 100% 7500 7500 0 _ 0 3620 AT&T SANL 78 Y Mar-06 Apr-OS 105DO 0 0 0 7140 100% 10500 10s00 0 0 3621 AT&T Timmons Locate wire Y Mar-oB Apr-08 3210 0 0 0 2183 100% 3210 3210 0 j 3622 MCI 1881 Valley view Y Mar-08 Apr-W 25000 0 0 0 17000 100% 25000 250DO 0 0 3623 MCI 15th Storm Drain Y Mar-08 May-015 61300 0 0 0 41684 100% 61300 613DO 0 41,' 0 3625 McLeod Tyler Fiber Overbuild Y Mar-Olt Apr-08 55998 0 0 0 38079 100% 55998 55998 0 �� t U 3626 Johnson Cant Q8-BRIM-09 Y Mar-08 Apr-OB T26 0 0 0 494 100% 726 726 0 0 3627 Johnson Cant Q8-BRIM-10 Y Mar-08 Apr-08 872 0 0 0 593 100% 872 872 0 t5 3620 Johnson Cant Q8-BRIM-11 Y Mar-oB Apr-08 518 0 0 0 351 100% 516 516 0 �0 3629 Johnson Cant Q8-BRIM-15 Y Mar-08 Mer-W 934 0 0 0 68g 100% 984 984 0 a 3630 Johnson Cant Q8-BRIM-16 Y Mar-Olt Mer-W 360 0 0 0 245 100% 360 360 0 d 3631 Johnson Cant Q8-BRIM-17 Y Mar-08 Mar-OB 356 0 0 0 242 100% 356 356 0 [ 3632 Johnson Cam 08-HAGR-07 Y Mar-08 ,Apr-W 1141 0 0 0 776 100% 1141 1141 0 J 3633 Texlink QB-LANK-02 Y Mar-08 Maf0w 912 0 0 0 620 1DO% 912 912 0 0 3634 EMJ 121&Parkwood Y Apr-08 Apr-08 7600 0 0 0 51DO 100% 7500 7500 0 G 3635 XO Advocare laterals Y Apr-Olt Jurl Ow 44448 0 0 0 30225 100% 4444B 44448 0 0 3636 AT&T 3911 Walton Welker Y Apr-Olt Apr-W 20180 0 0 0 13722 t00% 20180 20180 0 0 3637 Superior 1555 Regal Row Y Apr-08 Apr-W 3100 0 0 .0 2108 100% 31D0 3100 0 C 3638 Red0ex 2209&249 Y Apr-08 May48 silo 0 0 0 5515 100% silo silo 0 0 3641 MCI Southwest Airlines Y Apr-08 Jul-08 65888 0 0 0 44804 100% 65888 65888 0 3 3642 Fiberiight Spring Creek Storm repair Y Apr-08 Jul-N 30000 0 0 0 20400 100% 30000 30000 0 l: 3643 Johnson Cant QS-BRIM-14 Y Apr-08 Apr-08 3913 0 0 0 2661 100% 3913 3913 0 a 3644 Johnson Cant Q8-BRIM-13 Y Apr-08 `Apr-W 2579 0 0 0 1754 100% 2579 2579 0 ] 3645 MCI 3000 International Y Apr-08 May-08 2000 0 0 0 136D t00% 2000 2D00 0 0 3646 MCI 600 Pead#1 Y Apr-08 -May-08 8000 0 0 0 4080 100% 6000 am 0 L, 3647 Fiberiight lath&Ave G Y Apr-08 MayL08 3000 0 0 0 2040 100% 3000 3000 0 0 1648 Southern Bot[5939 Deloache Y Apr-08 Apr-W 1110 0 0 0 755 100% 1110 1110 0 3 1649 Cogent 5599 San Felipe Y Apr-08 Apr-08 10183 0 0 0 6924 t00% 10183 10183 0 a 650 Cogent 5444 Westheimer Y Apr-Olt May-06 8618 0 0 0 5860 100% 8618 Oslo 0 0 651 AT&T 13725 Montfort Y Apr-08 Jun-0B 110271 D 0 0 6984 100% 10271 10271 0 C 3653 Superior Bowman Roberts Y Apr-08 May-08 2000 0 0 0 1360 100% 2000 2000 0 U 3654 AboveNet Perot Systems Y Apr-08 May-08 30000 0 0 0 20400 100% 30000 3DD00 0 C' 3656 City of Mesqu Fire Station Ara Y Apr-08 May-08 14259 .0 0 0 9696 100% 14250 14259 0 C 36581CG 08-NIMS-01 Y Apr-08 Jul-08 2135 0 0 0 1452 100% 2135 2135 0 C 3659 Johnson Cont Q8-BRIM-12 Y Apr-08 Apr-08 516 0 0 0 351 100% 516 516 0 0 3661 GL Barron 1801 W.Euless Y Apr-08 May-08 2500 0 0 0 1700 100% 2500 2500 0 G 3662 AboveNet Oaklawn&Tolkvsy Y Apr-o8 Jun-08 0 0 0 0 100% 0 0 0 0 3663 Guild Wells Fargo 190&Preston Y Apr-08 May-o8 0 0 0 0 100% 0 0 0 D 3664 Alemans Glenville&Collins Y Apr-08 MsyAB 39601 0 0 0 26929 100% 39601 39601 0 U 3665 Struhs Trinity Bluff It add work Y Apr-08 May-08 8143 0 0 0 5537 100% 8143 8143 0 0 3687 AboveNet 16451 Dallas Parkway Y Apr-08 May4e 40188 0 0 0 27328 100% 40188 40188 0 0 3668 AboveNet 5080 Spectrum Y Apr-08 Jun-o8 36437 0 0 0 24777 100% 36437 36437 0 C 3669 MCI 600 Pearl#2 Y Apr-08 May oe 5287 0 0 0 3595 100% 5287 5287 0 0 3670 MCI 13355 Noel Y Apr-08 May-08 2728 0 0 0 1866 100% 2728 2728 0 D 3871 AT&T Rice and Wastpark Y Apr-08 May-08 10790 0 0 0 7337 100% 10790 10790 0 0 3672 Jakota Rosenburg Y Apr-08 May-08 3488 0 0 0 2372 100% 3488 3488 0 0 3673 Fiberlight CBD fiber placing Y Apr-08 May-09 20125 0 0 0 13685 i o0% 20125 20125 0 L 3674 McLeod 600.700 Pearl Y Apr-08 Jul-08 0 0 0 0 100% 0 0 0 li 3675 Airband Perot Systems Y Apr-08 May-08 22600 0 0 0 15368 100% 22600 22600 0 C 3677 Fiberlight Toll way&Wlndhaven Y Apr-08 Jun-o8 19100 0 0 0 12988 100% 19100 19100 0 0 3678 Level 3(TW Harry Nina&Reagan Y Apr-06 Jun-GS 0 0 0 0 t00% D 0 0 0 3679 Fisk CR England Y Apr-08 Apr-08 3000 0 0 0 2040 100% 3000 3000 0 -D 3680 Walton Gonst Q8-WALT-02 Y Apr-08 •Apr-08 500 0 0 0 340 100% So0 500 0 0 3681 MCI 8 Campus Circle Y May-08 May-08 2712 0 0 0 1844 100% 2712 2712 0 D 3682 Meloncon Cedar Springs&pearl Y May-06 May-09 13750 0 0 0 9350 t00% 13750 13750 0 0 3683 AT&T SANL 141 Y May-08 May-08 58D0 0 0 0 3944 100% 5800 5800 0 C' 3684 AT&T Rod&rope 1.10 Y May-08 May-08 13825 0 0 0 9401 1Do% 13825 13825 0 C 3685 Fisk Cullen&Loustlat Y May-08 May-08 3955 0 0 0 2689 100% 3955 3955 0 0 3686 Alpheus 5959 Corporate Y May-08 Jun-08 4443 0 0 0 3021 100% 4443 4443 0 0 3687 MCI Cisco Systems Y May-08 Jun-08 11115 0 0 0 7558 100% 11115 11115 0 G 3688 MCI AIGC Amarillo Y May-08 Jun-08 69136 0 0 0 47012 100% 69136 69136 0 0 3689 Fibedight 308 S.Akard Y May-OB Jun-08 35633 0 0 0 24230 100% 35633 35633 0 0 3690 Fiberlight 200 Tyler Y May-08 Jun-06 28017 0 0 0 19052 100% 28017 26017 0 D 3691 Fibedight 6820 Alpha Y May-08- Juo-08 19120 0 0 0 13002 100% 19120 19120 0 J 36%3 AT&T 7517 Campbell Y May-08 Jun-08 147439 0 0 0 100259 100% 147439 147439 0 0 3894 Superior Dashwood Firestation Y May-08 May-08 2500 0 0 0 1700 100% 2500 2500 0 0 3696 LOV013 Hugh Springs Y May-08 Jur o6 48DD0 0 0 0 32640 100% 48000 48000 0 D 3697 AboveNet 2501 S.Hwy 121 Y May-08 Jun-08 32675 0 0 0 22219 100% 32675 32675 0 D 3700 Quanta Wildlife Rd Y May-08 Jun-08 0 0 0 0 100% 0 0 0 g 3701 Jier Wesleyan Lataral Y May-08 ,May-08 4698 0 0 0 3195 10D% 4698 4698 D D 3702 Comerstone Gas Soros Y May-08 May-08 39150 0 0 0 26622 100% 39150 39150 0 0 3703 SBC Rock Island&Briery Y May-08 Jun-08 1238 0 0 0 B42 100% 1238 1238 0 C 3704 Thomas Prop 2500 City West Y May-OS Jul-OB 40567 0 0 0 27586 100% 40567 40567 0 3706 Dynamic Turtle Crook HH Y May-08 Jun-08 5100 0 0 0 3466 t00% 5100 51D0 0 v 3708 Flberlight Tollway Manholes Y May-08 Jul-08 50D00 0 0 0 34000 100% 50000 50000 0 D 3709 Levs13 1-20&BNSF Y Jun-08 Jun-o8 18550 0 0 0 12614 '100% 18550 18550 0 D 3710 LTS 1201 Main Y Jun-08 Jun-08 6075 0 0 0 4131 100% 6075 6075 0 D 3711 C-core 3439 Irving Blvd Y Jun-08 Jun-08 35150 0 0 0 23902 100% 35150 35150 0 0 3712 Thomas Tech L3 Splicing Y May-08 Jun-08 8760 0 0 0 5957 100% 8760 8760 0 G 3713 Welton Corral Q8-WALT-03 Y Jun-08 Jun-08 1002 0 0 0 681 100% 1002 1D02 0 t 3714 MCI 757 Eldridge Y Jun-08 Jun-08 9960 0 0 0 6773 100% 9960 9960 0 0 3715 AT&T Veterand HH Y Jun-08 Jun-o8 1900 0 0 0 1292 100% 1900 1900 0 4 3716 McLeod Cullum HH Y Jun-08 Jun-o8 690 0 0 0 469 100% 690 690 0 0 3717 IDG Services 08-NIMS-02 Y Jun-oa Jun-08 8057 0 0 0 5479 100% 8057 8057 0 0 3718 Tech Install 08-NOW-01 Y Jun-08 Jun-08 1776 0 0 0 1208 1D0% 1776 1776 0 0 3719 Hammer Conr Valley View&Valley Ridge Y Jun48 Jun-08 5800 0 0 0 3944 100% 5800 6800 0 0 3721 Level 3 9th street fire pipe Y Jun-08 Jul-08 6743 0 0 0 4586 100% 6743 6743 0 G 3722 Fisk Perot Fiber testing Y Jun-05 Jul-06 5D0 0 0 0 340 100% 500 Soo 0 0 3723 AboveNet 1801 Lamar Y Jun-08 Jul-05 42604 0 0 0 28971 100% 426D4 428D4 0 0 3726 Johnson Cont O8-BRIM-02 Y Jun-08 Jut-08 12D0 0 0 0 ale 100% 1200 1200 0 D 3734 AboveNet 14221 Dallas Pkwy Y Jun-08 Jun-08 7175 0 0 0 4879 100% 7175 7175 0 0 3735 Superior TVCC Athens Y Jur1-08 Jul-08 65000 0 0 0 37400 100% 55000 55000 0 8 3736 Johnson Cont Q8-BRIM-19 Y Jun-08 Ju1-08 1000 0 0 0 680 100% 1000 1000 0 0 3738 Superior FW locates Y Jun.08 Jun-08 900 0 0 0 612 100% 900 900 0 G 3739 AT&T Comerica Fiber placing Y Jun-08 Jul-08 12080 0 0 0 8214 100% 12080 12080 0 p 3740 AT&T Montrose fiber damage Y Jun-08 Aug-08 8939 D 0 0 6079 100% 8939 8939 0 0 3742 Fiberlight/MCI Rock Island Manholes Y Jun-08 Aug-08 40000 27200 I 1 I r 3743 SBC Shorthorn Y Jun-08 JW-08 3974 0 0 0 2702 100% 3974 3974 0 9 3746 Flbsrlight BCBS Manholes Y Jul-l10 JUI608 1460 0 0 0 993 100% 1460 148D 0 0 3746 Level 3 Bank of America Y JUI.08 J0108 65975 0 0 0 38063 100% 55975 55975 D C 3747 ICFN 4101 Bryan Y Jul-Do Aug-08 20000 0 0 0 13600 100% 20000 20000 0 C 3748 AboveNst 2101 Cutler Springs Y Jul-06 JL440 7940 0 0 0 5399 100% 7940 7940 0 0 3749 Laval 3 BCBS Manholes Y Jui-OB Ju405 750 0 0 0 510 100% 750 750 0 0 3750 XO BCBS Manholes Y Jul-08 JW.W 750 0 0 0 510 100% 750 750 0 C 3751 Barrett 15000 Surveyor Y Jul-08 Aug-08 14000 0 0 0 9520 100% 14000 14000 0 D 3752 AT&T 1155 Dairy Ashford Y Jul-OB Au0-08 11234 0 0 0 7639 100% 11234 11234 0 O 3754 AT&T San Jacinto River Y Jul-08 Jul-08 8016 0 0 0 5451 100% 8016 8016 0 0 3755 MCI Hotels.com Y Jul-08 Jul-08 814 0 0 0 554 t0O% 814 814 0, C 3756 MCI 14221 Dallas Pkwy Y Jul-08 Jul-OB 12891 0 0 0 8766 100% 12891 12891 0 4 3757 Hill&Wliksru Hwy 26&Main Y JU608 'Jul-08 7200 0 0 0 4898 100% 7200 7200 0•' 3758 American Ca[2700 Post Oak Y Jul-08 JuF08 6340 0 0 0 4651 100% 6840 6840 0 1' D 3759 XO/L3/Abovsl Hillcrest&NW Hay Y JUH70 Aup-08 180D0 0 0 0 12240 100% 18000 18000 0 C. 3762 AT&T SANL 135,145,146.147 Y Ju08 Aug-08 43500 0 0 0 29580 100% 43500 43500 0 C 3763 Hlilwood Pay"lon signs Y Jul-DB Aup-06 4120 0 0 0 2802 100% 4120 4120 0 3765 MCI 2020 Live Oak Y Jul-08 Aug-09 1020 0 0 0 694 100% 1020 1020 0 0 3766 MCI PepsiCo Y Jul-08 - J1,11-01 17504 0 0 0 11903 100% 17504 17504 0 0 3767 Fiberlighl 1601 EIm Y Jul-OB Aug-06 100000 0 0 0 68000 100% 100000 100000 0 U 3769 Nortel Overland campus Y Jul-O8 Jul-08 27162 0 0 0 18470 100% 27162 27162 0 C 3774 MCI 222 Las Colinas Y JUI.08 Aug-08 3315 0 0 0 2254 100% 3315 3315 0 C 3775 MISD Behline MH Relo Y Jul-08 Aug-08 70DO 0 0 0 4760 100% 7000 7000 0 O 3778 Struhs Trinity Bluff 11 add work 2 Y Jul-08 Aug-08 3190 0 0 0 2169 100% 3190 3190 0'. 0 3779 Pritchard Valley View&FAA Y Jul-08 Aug-0! 14200 0 0 0 9656 100% 14200 14200 0 0 3780 Beer bam 1820 Bruton Y Jul-08 Aug-011 5013 0 0 0 3409 100% 5013 5013 0 C 3781 AT&T Luna&Valwwod lowering Y Jul-08 Aug-011 5000 D 0 0 3400 100% 5000 5D00 0 C 3783 Exponent 4720 Landmark Y JU08 Aug-01 2500 0 0 0 1700 100% 2500 2500 0 0 3785 Senior Consul 07STER-02 Y Jul-03 AMM 10018 0 0 0 6811 100% 10016 10016 0 C 3786 Superior FIN Water gardens Y Ju408 AOg-08 8000 0 0 0 5440 100% 80D0 6000 0 9 3787 XO Nortsl reroute Y Jul-08 Aug-08 3326 0 0 0 2262 100% 3326 3326 0J 3788 Level 3 Empire Central lowering Y Aug-08 Aug-08 30DO 0 0 0 2040 100% 3000 3000 0 4 3790 Superior 4300 Npha Y Aug-08 Aug-OB 3775 0 0 0 2567 100% 3775 3775 0 0 3798 LTS Wichita Falls repair Y Aug-08 Aug-08 5500 0 0 0 3740 100% 5500 5500 0 0 3799 Johnson Cont OB-BRIM622 Y Aug-08 Aug-08 1000 0 0 0 680 100% 1000 1000 0 0 3800 Nortsl 08-PRAK-04 Y Aug-08 Aug-08 2400 0 0 0 1632 100% 2400 2400 0 C 3801 Senior Consul Temple VA Hospital Y Aug-08 Aug-08 2104 0 0 0 1431 100% 2104 2104 0 C Bond No. 4371678 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we (1) >Fntare Telecom, lim as Principal herein, and (2)SureTec Insurance Company corporation organized under the lands of the State of(3)Texas and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties,Texas,Obligee herein,in the sum of: Oat Hundred Tea T6ataa d Sam Hundred Nip*-fear grad nW100�..............»,......._ ...............�..._»... Dollars($11 for the Payment of which suss vie bind ourselves,our hens,executors,administrators, successors and assigns,jointly and severally,firmly by these present. WHEREAS, Principal has entered into a certain written contract with the Obligee dated the 2nd of December,2008 a copy of which is hereto attached and made a part hereof for all purposes,for the construction of. Catahna-EM Draining at River Crest L.aadias: NOW THEREFORE, the corrdition of this obligation is such,if the said principal Shall faithfully perform the work in accordance with the plans,specifications, and contract documents and shall fully indemnify and hold barmless the Obligee from all costs and damages which Obligee may suffer by reason of Principal's default,and reimburse and repay Obligee for all outlay and expense that Obligee may incur m making good such default, then this obligation shall be void;otherwise,to remain m full force and effect. PROVIDED,HOWEVER,that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute,to the same extent as if it were c Wed at length herein. IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 2nd day of December,2008, MW ATTEST: Future Telecom.Inc. r (Principal)Secretary PRINC BY: (SEAL) Title:_ 2 1800 Bruton Rd. V*U)U Balch Sorinm TX 75181 Witness as to Principal SureTec Insurance Company Surety Q BY: r �44,i�lJ Name: Pauline L. Lesch ATTEST: (Attorney-in-fact) - Address: 952 Echo Lane Secretary Suite 450 Hmuston. Texas 77024 (SEAL) t 1` / e Telephone Number. 713-812-0 8 0 0 Witness as to Surety Pat Pinchback NOTE: (1) Correct name of Principal(C ftuctor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition,an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of the bond shall not be pvior to date of Contract Bond No. 4371678 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we(1) F�Telecom,Ise. as Principal herein,a�(�fj ec Insurance roration Company and existing under the laws of the State of(3) Texas ,as surety.are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties.Texas. Obligee herein, in the amount of One Haedred In Tbonmd Sg KyAdimd ftghJM„NJ wnft— ...............,.Dollars($110,794.00)for the payment whereof: the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assims,jointly and severally,firmly by these presents: WHEREAS,the Principal has entered into a certain written contract with the Obligee dated the 2nd day of December A.D.,2001i,which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length,for the folio%%ing project: Catalans EM Drgam at_gb-w CES Land-M, NOW, SORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant(as defined in Chapter 2253,Texas Government Code,as amended)supplying labor or materials in the prosecution of the work under the contract,then this obligation shall be void;otherwise,to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute,to the same extent as if it were copied at length berm IN WITNESS WHEREOF, the duly authorized of the Principal and the Surety have executed this instrument. SIGNED AND SEALED this 2nd day of December,2008. r Future Telecom. ATTEST: PRINCIPAL BY: i— (Principal)Secretary Name:_ � �; , Title: (SEAL) ING Bmtas Rd. Balch SDrium TX 75181 ttness as to Principal SureTec Insurance Company SL'RFT� ATTEST: By- Name: Pauline L. Lesch Secretary Attorney in Fact (SEA Address: 952 Echo Lane �� ...� Suite 450 Witness as to Surety Pat Pinchback Houston, Texas 77024 Telephone Number: 713-812-0 8 0 0 NOTE: 1. Correct name of Principal(Contractor). 2. Correct name of Surety. 3. State of incorporation of Surety. Telephone number of surety must be stated. In addition,an original coPy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. L. i U Bond No. 4371678 MAINTENANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That Futere Telecom, Inc. (Contractor), as principal, an�ureTec Insurance C amdorpnotation organized under the laws of the State of Texas,(Surety).do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Words,a Municipal Corporation chartered by virtue of Constitution and laws of the State of Texas,("City")in Tarrant County-,Texas the sum ofOne Hundred Ten nonsand Seven Hundred Ninety-four and W100.............._.....--Dollars (S110,794.00) lawful money of the United States, for payment of which sum well and truly be made unto said City and its smttssun,said CmAnctvr and Surety do hereby bind themselves, their heirs,executors.administrators,assigns and successors,jointly and severally. This obligation is conditioned,however;that. WHEREAS.said Contractor has entered into a written Contract with the City of Fort Worth,dated the 2nd day of December 2008 copy of which is hereto attached and made a part hereof;the performance of the following described public improvements: Catalina Hffi Drahmae at River Crest Landing the same being referred to herein and in said contract as the Work and being designated as project P228- 5412002072800489and said contract, including all of the specifications, conditions, addenda. change orders and written instruments referred to therein as Contract Documents being incorporated herein and [Wade a pan hereof, and, WHEREAS,in said Contract.Contractor binds itself to use such materials and to so construct the work that it still remain in good repair and condition for and during a period of after the date of Two (2)Years after the date of the final acceptance of the work by the City;and vr'HEREAS,said C ontractor binds itself to maintain said work in good repair and condition for said term of Two(2)Years:and, WHEREAS, said Contractor binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the Director of the Water Department of the City of Fort Worth, it be necessary,and; WHEREAS, said Contractor binds itself; upon receiving notice of the need therefore to repair or reconstruct,said work as herein provided NOW THEREFORE, if said Contractor sbal] keep and perform its said agreement to maintain, repair or reconstruct said work in accordance with all the terms and conditions of said Contrail,tbesepresents shall be null and void,and have no force or effect Otherwise this Bond shall be and remain in full force and effect,and the City shall have and recover from the Contractor and Surety damages in the premises prescribed by said Contract This obligation shall be continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. N '%,T NESS 'WTIEREOF_ this instrument is executed in 8 counterparts. each one of which shall be deemed att original.this 2nd day of Deiember.A.D. 2008. ATTEST: (SEAL) Frture Telecom,Inc. Co 0 �^ By: Secxtaty Name: Title: L _ ATTEST: (SEAL) SureTec Insurance Company Stmety _ BY: I`(/e�/✓l/YI &,-Xet&,y Pat Pinchbacic, Witness Name: Pauline L. Lesch Title: Attorney-in-Fact as 952 Echo Lane, Suite 450 r Houston, Texas 77024 Address r �r i M va SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail,Suite 320 Austin,Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage,rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: r PO Box 149104 Austin,TX 78714-9104 Fax#: 512-475-1771 Web: http://www.tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us _ PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim,you should contact the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for,losses caused by acts of terrorism,riot, civil insurrection,or acts of war. Exclusion of Liability for Mold, Mycotoxins,Fungi &Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi,bacteria, allergens, histamines, spores,hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards,bio-hazards, hazardous materials,environmental spills,contamination,or cleanup, nor the remedialion thereof, nor the consequences to persons, property,or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. POA#: 4221029 W,J SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Clem F.Lesch,Pauline L.Lesch,Steven W.Lewis,Allen Sparks,Jennifer J.Crane,Michael Ross of Dallas, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute,acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all + notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid Md and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 2e of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this 20th day of June,A.D.2005. 14, URETEC INS CE COMPANY URAtyC yi00 By' 1 w 's Bill King, redot y " State of Texas ss: 9s:, l � d f Y County of Harris � wow On this 20th day of June,A.D. 2005 before me personally came Bill Icing, to me known, who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like older. Michelle Denny, + Slate of T®XCs IN avAtb IMCOnmt�siat Expires Michelle Denny,Notary Pub tc August 27,2008 My commission expires August 27,2008 kni I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston,Texas this 2nd day of December ,20 08 ,A.D. M.Brent Beaty,Assistant Se re ry Any instrument issued in excess of the penalty stated above Is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. CITY OF FORT WORTH,TEXAS CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT This Contract made and entered into this the 2nd day of December A.D., 2008 by and between the CITY OF FORT WORTH,a home-rule municipal corporation situated in Tarrant,Denton,Parker,and Wise Counties, Texas, by and through its duly authorized Assistant City Manager, ("Owner"), and (Contracting Company Name here), ("Contractor') Owner and Future Telecom, Inc.. Owner and Contractor may be referred to herein individally as a"Party"or collectively as the"Parties." WTINESSETH: That said parties have agreed as follows: I. That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner,and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Catalina Hill Drainam at River Crest Landine That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents prepared by the Department of Engineering for the Transportation and Public Works Department of the City of Fort Worth adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. 3. The Contractor hereby agrees and binds himself to commence the construction of said work within ten(I 0) days after being notified in writing to do so by the Department of Engineering of the City of Fort Worth. { 4. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Department of Engineering of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 30 worldne days. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him. the r. sum of$210 Per working day, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. 5. Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. 6 Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Con rAc for covenants and agrees to indemnify, hold harmless and defend, at its own expense,the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injury, damage or death is caused in whole or in part, by the negligence or alleged negligence of Owner, its of servants, or eninloyees. I Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. 7. The Contractor agrees, upon the execution of this Contractor, and before beginning work, to make, execute and deliver to City of Fort Worth the following bonds in the name of the City of Fort Worth in a sum equal to the amount of the Contract. The form of the bond shall be as herein provided and the surety must first be acceptable to the requirements of the Chapter 2253 of the Texas Government Code, as Amended. A. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. L■ B. If the contract amount is in excess of$25,000,a Payment Bond shall be executed, in the .. amount of the Contract, solely for the protection of the claimants supplying labor and material m the prosecution of the work. C If the Contract amount is iu excess of$100,000, a Performance Bond shall be executed, ,.. in the amount of the Contract conditioned on the faithful performance of the work in accordance with the Plans, Specifications,and Contract Documents. Said bond shall solely be for the protection of the Owner. D. A Two-year Maintenance Bond in the name of the Owner is required for all projects to t insure the prompt, full and faithful performance of the general guarantee contained in the Contract Documents. 8. The Owner agrees and binds itself to pay, and the Contractor agrees to receive, for all of the aforesaid work, and for all additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount(mcludinglexcluding)alternates' shall be One Hundred Ten Thousand Seven Hundred Ninety-four and no/100..................Dollars, ( 110,794.00). 9. It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Owner. Any request for any sublease or assignment shall be made in writing and submitted to the Director of the .. Engineering Department. 10. The Contractor agrees to pay at least the minimum wage per hour for all labor as the same is classified, promulgated and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 11. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with references to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with references to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. IN WITNESS THEREOF, the City of Fort Worth has caused this instrument to be signed in 8 counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its v duly authorized officers in 8 counterparts with its corporate seal attached. Done in Fort Worth,Texas,this the 2nd day of Dece—,her,A.D., 2008. - CITY OF FORT WORTH FERNANDO COSTA,ASST CITY MANAGER Gre jra ;sportationIPulblic Acti Works Director ATTEST: Future Telecom,Inc. 1800 Bruton Rd. Balch Springs,TX 75181 CONTRACTOR CITY SECRETARY (S EAL) BY: _ �+ ` Contract Authorrizatiox t,��ti�JT I.;'-1--)-1 n 2S TITLE Date APPROVED AS TO FORM AND U to! jbo�e,-5 LEGALITY. ADDRESS i i ASST.C EY