Mesquite Independent School District

Transcription

1 Mesquite Independent School District Request For Proposal for: Maintenance of Fiber Optic Cabling Proposal # Proposal Due November 2, 2017 No Later Than: 2:00 P.M. Place: MISD Purchasing Dept Towne Crossing Blvd, Suite 203 Mesquite, Texas 75150

2 Mesquite Independent School District Purchasing Department Darci Hooten, CPPB, CTSBO, Director of Purchasing 3819 Towne Crossing Blvd, Suite 203, Mesquite, TX Phone (972) Fax (972) Invitation to Vendors Proposal #: Due Date: November 2, 2:00 p.m. Proposal For: Maintenance of Fiber Optic Cabling Instructions to Vendors THIS PROPOSAL WILL NOT BE OPENED OR READ PUBLICLY. Proposals are solicited for furnishing the merchandise, supplies, services and/or equipment set forth in this proposal. One (1) original and five (5) copies of the SEALED proposals must be received in the Purchasing Department, 3819 Towne Crossing Blvd. Suite 203, Mesquite, Texas before 2:00 pm on the above "due date". All envelopes must be clearly marked "Proposal Enclosed" and the Proposal number. Late proposals will be returned to the vendor unopened. Delivery of bid envelope to other Departments within the MISD is NOT considered as delivery to the Purchasing Department. Faxed or ed proposals will not be accepted. Proposals may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by vendor to guarantee authenticity. After the official opening, proposals may not be amended, altered, or withdrawn without the recommendation of the Administrative Officer of Purchasing and the approval of the Mesquite Independent School District Board of Trustees. All addenda will be issued via the district website at All addenda, if required, will be posted on the aforementioned website at least seven (7) days before proposal opening. It is the vendor s responsibility to check this website for addenda postings prior to submitting responses. Proposers finding errors, requests for additional information, omissions, or corrections that need to be made in the specifications shall contact the Administrative Officer of Purchasing ten (10) days, or as soon as possible before proposal is due. You may submit this information via fax to (972) The undersigned agrees, if this proposal is accepted, to furnish any and all items upon which prices are offered, at the price(s) and upon the Terms and Conditions contained in the specifications. The period for acceptance of this proposal will be sixty (60) calendar days unless a different period is inserted by vendor. The Mesquite Independent School District reserves the right to accept or reject in part or in whole any proposals submitted, and to waive any technicalities, and to award proposals in the best interest of the District. 2

3 PROPOSAL RESPONSE FORM PROPOSAL MAINTENANCE OF FIBER OPTIC CABLING To: From: Mesquite Independent School District Darci Hooten, CTTB, CTSBO - Director of Purchasing 3819 Towne Crossing Blvd, Suite 203 Mesquite, Texas Company Name Address City/State/Zip Area Code & Telephone Number Fax Number I, the undersigned, as the owner or legally authorized representative of the above named company, by signing the following statement, agree that I have READ and UNDERSTAND all of the Instructions and Specifications contained herein, and that if accepted by the Mesquite Independent School District, all of the provisions are part of a binding contract between the Mesquite Independent School District and our company. I also certify that this proposal is made without previous understanding, agreement, or connection with any person, firm, or corporation making a proposal for the same contract, and is in all ways fair and without collusion or fraud. Owner or Legally Authorized Representative Title Signature Date 3

4 Mesquite Independent School District Terms and Conditions Notice to Responsible Vendors Items below apply to and become a part of terms and conditions of the proposal unless superseded by attached terms and supplemental conditions or specifications in which case attached conditions will prevail. 1. It is not the policy of Mesquite Independent School District to purchase on the basis of low bids alone, quality and suitability to purpose being the controlling factors; it being understood that the purchaser reserves the right to arrive at such by whatever means he/she may determine. 2. The District reserves the right to reject any and/all proposals and to make awards on the individual items as they may appear to be advantageous to the District and to waive all formalities in submitting proposals. 3. Vendors finding errors, omissions, or corrections that need to be made in the Specifications shall contact the Administrative Officer of Purchasing ten (10) days, or as soon as possible before proposal is due. 4. This Request For Proposal and any resulting award(s) shall be interpreted within the laws of the State of Texas and the Uniform Commercial Code (UCC). In case of discrepancies between the laws of the State of Texas and the UCC, the laws of Texas will prevail. Venue for any legal action filed relative to this Request For Proposal or any resulting purchase orders shall be in Dallas County Texas. 5. In the event that any one or more of the provisions contained in the Request For Proposal (or resulting purchase order) shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision(s) shall not affect any other provision hereof, and this Request For Proposal (or any resulting purchase order) shall be construed as if the invalid, illegal or unenforceable provision(s) had never been contained herein. 6. To the fullest extent permitted by applicable law, the Vendor and its agents, partners, employees, and consultants (collectively Indemnitors ) shall and do agree to indemnify, protect, defend with counsel approved by the District, and hold harmless the District and its affiliated enterprises, representatives of the District, and their respective officers, directors, members of the board, partners, employees and agents (collectively Indemnitees ) from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses, including attorney fees, of any nature, kind, or description (collectively Liabilities ) of any person or entity whomsoever arising out of, caused by, or resulting from the performance of services, or provision of goods, by Vendor pursuant to this contract, or any part thereof, or anyone for whose acts it may 4

5 be liable even if it is caused in part by the negligence or omission of any Idemnitee, so long as it is not caused by the sole negligence or willful misconduct of any Indemnitee. 7. Non-Appropriation of Funding: No term Contract or Agreement may exceed a period of 1 year from the approved contract date without specific authorization of the Mesquite Independent School District. Such contract is a commitment of the District's current revenue only. Should funding for the continuance of this Contract be withdrawn by the Board, the District retains the right to terminate the agreement in accordance with the termination provision stated herein and without pecuniary risk or penalty. 8. Whenever an article or material is defined by describing a proprietary product or by using the name of a manufacturer or brand name, the term or equal if not inserted shall be implied. The specified article or material shall be understood as indicating the type, function, minimum standard of design, efficiency and quality desired. It shall not be construed as to exclude other manufactured products of comparable quality, design and efficiency. Specifications received from vendors that are different from the original requirements must meet or exceed original proposal specifications to be considered equivalent. MISD reserves the right to make the final decisions as to comparable items. An article or material, which is shipped and is not equal, shall be returned to the supplier transportation charges collect. The term As Specified or A/S will not be accepted. If bidding on a make or model other than specified, bidder is to list make and model of item being bid and must state any deviations from the item specified. The burden of proof of compliance with this specification will be the responsibility of the vendor. Samples of items which are not as specified must be available to the District within 72 hours after our request. 9. Prices proposed should be F.O.B. Destination, Freight Prepaid. Seller to pay freight charges, bear freight charges, own freight in transit, and file claims, if any. 10. Proposals received after the time and date specified will not be considered. 11. When proposal is not returned, the vendor s name is removed from the vendor s list. 12. All prices will be guaranteed for sixty (60) days from the date of the proposal opening. 13. It is understood and agreed that MISD reserves the right to increase or decrease quantities or modify condition and specifications by mutual 5

6 agreement with the selected supplier, both at the time of acceptance of this proposal offer as so modified, and subsequent thereto. 14. Propose unit price on quantity specified, extend and show total. In case of errors in extension, unit prices shall govern. 15. The District is exempt from Federal Excise Tax, State and Local Tax. Do not include tax in your proposal totals. If it is determined that tax was included in the proposal, it will not be included in the tabulation or any awards. Tax exemption certificate will be furnished upon request. 16. Samples must be submitted upon request. 17. Cash discounts offered may be considered in determining the successful supplier. Cash discount period shall start from the date of receipt of acceptable invoice or from date of receipt of acceptable material, whichever is the later. 18. Vendor hereby affirmatively states that it has not participated in any act of collusion, favoritism, gratuity, or inside dealings with any member of the staff of Mesquite Independent School District or it s Board of Trustees. 19. Mesquite Independent School District will receive all merchandise at the L. A. Berry Support Complex at 2133 N. Beltline Road, Mesquite, Texas 75150, unless otherwise stated on purchase order. Non-palletized freight shall be unloaded inside the Warehouse or School building. Vendor is responsible for providing material handling equipment when delivering to schools or departments. Vendor must advise freight line as to this requirement. 20. Title and Risk of Loss: The title and risk of loss of the goods shall not pass to Mesquite ISD until Mesquite ISD actually receives and takes possession of the goods at the point or points of delivery. Mesquite ISD will not accept responsibility for processing freight damage claims occurring prior to receipt, including concealed damage of goods. 21. Invoices shall be sent directly to the Mesquite Independent School District, Accounts Payable, 3819 Towne Crossing Blvd, Mesquite, Texas Payments are processed after the Business Office has been notified that the items have been received in good condition and no unauthorized substitutions have been made. Invoices must detail the items delivered and reference the Mesquite Independent School District Purchase Order number. 22. Vendors are not to unilaterally apply duplicate payments or overpayments against unrelated open invoices without the District s explicit authorization. 6

7 23. Upon notification of potential selections for award, the person or entity submitting this proposal must give notice to the district if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony. (This requirement does not apply to a publicly held corporation.) 24. The district shall have the right to cancel for default all or any part of the undelivered portions of this order if the contractor breaches any of the terms hereof including warranties of the contractor or if the contractor becomes insolvent or commits acts of bankruptcy. Such right of cancellation is in addition to and not in lieu of any other remedies which the District may have in law or equity. 25. The performance under this order may be terminated in whole or in part by the District in accordance with this provision. Termination hereunder shall be effected by the delivery to the contractor of a Notice of Termination : specifying the extent to which performance of work under the order is terminated and the date upon which termination becomes effective. Such right of termination is in addition to and not in lieu of any other rights which the District may have in law or equity. 26. The price to be paid by the District shall be that contained in the contractor s proposal which the contractor warrants to be no higher than seller s current prices on orders by others for products of the kind and specification covered by this contract for similar quantities under similar or like conditions and methods of purchase. In the event contractor breaches this warranty, the price of the items shall be reduced to the contractor s current prices on orders by others, or in the alternative, the District may cancel this contract without liability to contractor for breach or contractor s actual expense. 27. The contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee expecting bona fide employees of bona fide established commercial or selling agencies maintained by the contractor for the purpose securing business. For breach or violation of this warranty the District shall have the right in addition to any other right or rights to cancel this contract without liability and to deduct from the contract price, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. 28. All contracts and agreements between merchants and Mesquite Independent School District shall strictly adhere to the statutes as set forth in the Uniform Commercial Code as last amended in 1990 by the American Law Institute in the National Conference of Commissioners on Uniform State Laws. Reference: Uniform Commercial Code, 1990 official text. 7

8 29. Questions in regard to this proposal must be submitted to the Director of Purchasing for clarification. 30. No smoking or use of any tobacco products is permitted on school property. 31. Pick up and delivery will be made between the hours of 7:00 A.M. and 2:00 P.M. Monday through Friday excluding school holidays. (Unless arrangements are made otherwise with the Administrative Officer of Purchasing or as otherwise specified on the Proposal form.) 32. Purchase Orders will serve as the award instrument(s) against this request for proposal. Orders will be placed as items are approved for purchase and funds become available. 33. The Purchase Order number must be clearly identified on each carton label and/or delivery ticket. Otherwise, the shipment is subject to being refused and returned to the vendor at the vendor s expense. 34. If problems with quality or workmanship arise on items received, the supplying vendor is responsible for replacing any/or all items at no cost to the Mesquite Independent School District. The supplying vendor will also be responsible for returning to the designated campus to pick up the items in question. Mesquite ISD will not be responsible for shipping items back to vendors. 35. Successful proposer is to remove all packing and packaging material and debris from school property (school dumpster is not to be used) and to properly dispose of all discarded materials. 36. Successful Vendor(s) will be required to submit Material Safety Data Sheets for applicable item(s). 37. Force Majeure: If by reason of Force Majeure, either party shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority, insurrections, riots, epidemics, landslides, lightning, 8

9 earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraint of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. 38. NOTIFICATION OF CRIMINAL RECORD. The person or entity submitting an offer must give notice to the district, at the time of offer submission, if the person or an owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in this conviction of a felony (this requirement does not apply to a publicly held corporation). 40. INSURANCE. The successful offeror, at his/her own expense, shall provide and maintain insurance with fiscally sound firms (at least an AM Best rating of A-) authorized to do business in Texas as follows. Successful offeror may be required to provide a copy of insurance coverage to Mesquite ISD. Insurance certificates may contain a provision, or offeror s signature on this bid/proposal certifies, that coverage afforded under the policies will not be canceled until at least thirty (30) days prior written notice has been given Mesquite ISD. Insurance must remain in effect for the duration of this contract. In some cases, the district may be required to be named as an additional insured on the vendor s insurance coverage. If the district is to be named as an additional insured on the vendor s insurance coverage, the certificate indicating this should be provided within ten (10) calendar days from date of award at the vendor s expense. If the district requires a certificate of insurance, the bid/proposal number and title should be noted in the Description of Operations/Locations/Vehicles/Special Items block of the certificate and the Certificate Holder block of the certificate should read, Mesquite ISD, Attn: Purchasing - Risk Specialist, 3819 Towne Crossing Blvd, Suite 203, Mesquite, TX Additional insurance requirements may be required for construction and/or services projects and will be identified elsewhere in this document Workers Compensation: Successful offeror must maintain workers compensation coverage for employees as required by all applicable Federal, State, Maritime, and local laws including Employer s Liability with a limit of at least $100,000. If required, all vendors submitting bids or proposals shall include a copy of his/her current insurance certificate indicating coverages of the following lines of coverage in the following minimum amounts: 9

10 Mesquite ISD Insurance Certificate Required Coverage 40.2 Comprehensive General General Aggregate $1,000,000 Liability Products - Comp/or $ 300,000 Aggregate Commercial General Personal & Adv. Injury $ 300,000 Liability Claims Made Occurrence Each Occurrence $ 300,000 Owner's Contractor's Fire Damage (Any one $ 50,000 Protection fire) Med. Expense (Any one person) $ 5, Property Damage: Aggregate $ 600,000 Bodily Injury Each Person $ 300,000 Each Accident $ 300,000 Each Occurrence $ 100, Automobile liability for: Combined Single Limit $1,000,000 Any Auto Bodily Injury Each Person $ 100,000 All Owned Autos Bodily Injury Per Accident $ 300,000 Scheduled Autos Hired Autos Property Damage - $ 300,000 Aggregate Non-Owned Autos Property Damage Each Occurrence $ 100, Umbrella form - Excess liability State the limits that your company carries: $. $1,000, Worker's Compensation Statutory and Each $ 500,000 Accident Employer's Liability $ 500,000 Disease-Policy Limit Disease-Each employee $ 500, The insurance requirements, as listed above also apply to any subcontractor(s) in the event that any work is sublet. The contractor is responsible to insure that the sub-contractor(s) meets the minimum insurance requirement limits as by law. 10

11 40.8 Should any of the above describe policies be canceled before the expiration date, the issuing company will mail thirty (30) days written notice to the certificate holder, Mesquite ISD The Contractor shall agree to waive all right of subrogation against the District, its officials, employees and volunteers for losses arising from work performed by contractor for the District The contractor shall hold the District harmless from and indemnify it against all liability, including attorney's fees, which may arise from and accrue directly from the performance of the work or any obligation of Contractor or failure of Contractor to perform any work or obligation provided for in this Agreement The select bidder will be required to supply an insurance certificate naming Mesquite Independent School District as an additional insured within 10 calendar days of date of award You are required to submit a certificate of insurance for the above insurance requirements with your bid. NOTE: Items #40.9, #40.10, and #40.11 shall be required of the successful vendor(s). 41. WORKERS COMPENSATION COVERAGE. 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 workers' compensation insurance coverage for the person's or entity's employees providing services on a project is required for the duration of the project. Duration of the project includes the time from the beginning of the work on the project until the project has been completed and accepted by the district Persons providing services on the project ("subcontractor" in Texas Labor Code ) include 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 that 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 service related to a project. Services do not include activities unrelated 11

12 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 (44) for all employees of the contractor providing services on the project for the duration of the project The contractor must provide a certificate of coverage to the district prior to being awarded the contract 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 district showing that coverage has been extended The contractor shall obtain from each person providing services on a project, and provide to the district: (a) 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; (b) 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 The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter The contractor shall notify the district 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 The contractor shall post on each project site a notice, in the text, form, and manner prescribed by the Texas Workers' 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 The contractor shall contractually require each person with whom it contracts to provide services on a project to: 12

13 (a) 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 (44) for all of its employees providing services on the project for the duration of the project; (b) 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; (c) 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. (d) Obtain from each other person with whom it contracts, and provide to the contractor: (1) A certificate of coverage, prior to the other person beginning work on the project; and (2) 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; (e) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) (g) Notify the governmental entity in writing by certified mail or personal delivery, within ten 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 Contractually required each person with whom it contracts to perform as required by items 1-7, with the certificates of coverage to be provided to the person for whom they are providing services By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the district 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 13

14 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 penalties, criminal penalties, civil penalties, or other civil actions The contractor's failure to comply with any of these provisions is a breach of contract by the contractor that entitled the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 42. INDEMNIFICATION AND HOLD HARMLESS: Except as otherwise expressly provided, offeror shall defend, indemnify, and hold Mesquite ISD harmless from and against all claims, liability, loss and expenses, including reasonable costs, collection expenses, and attorneys fees incurred, which arise by reason of the acts or omissions of offeror, its agents or employees in the performance of its obligations under this contract. This clause shall survive termination of this contract. 43. PAYMENT BOND. For facilities construction and some services contracts, a payment bond is required for projects/contracts exceeding $25,000. The payment bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to Mesquite ISD and must identify compliance with the provisions of V.T.C.A., Govt Code, Chapter and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. The Surety must be authorized to do business under a Certificate of Authority issued by the State of Texas and hold certificates of authority as an acceptable Surety on the current Department of the Treasury listing as found in the Federal Register. The Surety shall be a US company located in the USA. If a contract is awarded for under $25,000, but subsequent change orders cause the price to exceed $25,000, a payment bond will be required immediately. If the required payment bond is not submitted with the proposal, a bid bond must be submitted and the required payment bond submitted within ten (10) calendar days from the date the offer is accepted by Mesquite ISD. 44. PERFORMANCE BOND. For facilities construction and some service contracts, a performance bond is required for projects/contracts exceeding $100,000. The performance bond must be for 100% of the value of the work to be performed. The bond shall be prepared on a form acceptable to Mesquite ISD and must identify compliance with the provisions of V.T.C.A., Govt Code, and Chapter and state that all liabilities of the bond(s) shall be determined in accordance with the provisions of said code. The Surety must be authorized to do business under a Certificate of Authority issued by the State of Texas and hold certificates of authority as an acceptable Surety on the 14

15 current Department of the Treasury listing as found in the Federal Register. The Surety shall be a US company located in the USA. If a contract is awarded for under $100,000, but subsequent change orders cause the price to exceed $100,000, a payment bond will be required immediately. If the required performance bond is not submitted with the offer, a bid bond must be submitted and the required performance bond submitted within ten (10) calendar days from the date the offer is accepted by Mesquite ISD. 45. BID BOND. If a performance or payment bond is required, bid/proposal must be accompanied by a cashier s check on any state or national bank in Texas, or an acceptable bid bond, payable unconditionally to Mesquite ISD. The cashier s check or bid bond shall be in the amount of not less than five percent (5%) of the total amount of the bid/offer. This security is required by Mesquite ISD as evidence of good faith and as a pledge that, if awarded the contract, the offeror will enter into a contract with Mesquite ISD on the terms stated in the CSP and will furnish the required performance and/or payment bond(s) within ten (10) calendar days after the offer is accepted. Should the offeror refuse to enter into such a contract in accordance with his/her offer, or fail to furnish the required bond(s), the amount of the bid security shall be forfeited to Mesquite ISD as liquidated damages, not as a penalty. 46. EQUAL OPPORTUNITY A. Equal Employment Opportunity: No Offeror, or Offeror s agent, shall engage in any discriminatory employment practice. No person shall, on the grounds of race, sex, age, disability, creed, color, genetic testing, or national origin, be refused the benefits of, or be otherwise subjected to discrimination under any activities resulting from this RFP. B. Americans with Disabilities Act (ADA) Compliance: No Offeror, or Offeror s agent, shall engage in any discriminatory employment practice against individuals with disabilities as defined in the ADA. 47. BUY AMERICAN ACT-SUPPLIES (Applicable to certain federally funded requirements) The following federally funded requirements are applicable: A. Definitions. As used in this paragraph i. "Component" means an article, material, or supply incorporated directly into an end product. ii. "Cost of components" means - (1) For components purchased by the Contractor, the acquisition cost, including transportation costs to the place of incorporation into the end product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (2) For components manufactured by the Contractor, all costs associated with the manufacture of the component, including 15

16 transportation costs as described in paragraph (1) of this definition, plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the end product. iii. "Domestic end product" means- (1) An unmanufactured end product mined or produced in the United States; or (2) An end product manufactured in the United States, if the cost of its components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as those that the agency determines are not mined, produced, or manufactured in sufficient and reasonably available commercial quantities of a satisfactory quality are treated as domestic. Scrap generated, collected, and prepared for processing in the United States is considered domestic. iv. "End product" means those articles, materials, and supplies to be acquired under the contract for public use. v. "Foreign end product" means an end product other than a domestic end product. vi. "United States" means the 50 States, the District of Columbia, and outlying areas. B. The Buy American Act (41 U.S.C. 10a - 10d) provides a preference for domestic end products for supplies acquired for use in the United States. C. The District does not maintain a list of foreign articles that will be treated as domestic for this Contract; but will consider for approval foreign articles as domestic for this product if the articles are on a list approved by another Governmental Agency. The Offeror shall submit documentation with their Offer demonstrating that the article is on an approved Governmental list. D. The Contractor shall deliver only domestic end products except to the extent that it specified delivery of foreign end products in the provision of the Solicitation entitled "Buy American Act Certificate". 48. RIGHT TO INFORMATION: The Mesquite Independent School District reserves the right to use any and all information presented in any response to this solicitation, whether amended or not, except as prohibited by law. Selection of rejection of the submittal does not affect this right. 49. LICENSE FEES OR TAXES: Provided the solicitation requires an awarded contractor or supplier to be licensed by the State of Texas, any and all fees and taxes are the responsibility of the respondent. 50. PREVAILING WAGE RATES: All respondents will be required to comply with Provision 5159a of Vernon s Annotated Civil Statutes of the State of Texas 16

17 with respect to the payment of prevailing wage rates and prohibiting discrimination in the employment practices COMPLIANCE WITH ALL STATE, FEDERAL, AND LOCAL LAWS: The contractor or supplier shall comply with all State, Federal, and Local laws and requirements. The Respondent must comply with all applicable laws at all times, including, without limitation, the following: (i) of the Texas Penal Code, which prohibits bribery; (ii) of the Texas Penal Code, which prohibits the offering or conferring of benefits to public servants. The Respondent shall give all notices and comply with all laws and regulations applicable to furnishing and performance of the Contract. 52. FEDERAL, STATE, AND LOCAL REQUIREMENTS: Respondent shall demonstrate on-site compliance with the Federal Tax Reform Act of 1986, Section 1706, amending Section 530 of the Revenue Act of of 1978, dealing with issuance of Form W-2's to common law employees. Respondent is responsible for both federal and State unemployment insurance coverage and standard Worker's Compensation insurance coverage. Respondent shall ensure compliance with all federal and State tax laws and withholding requirements. The Mesquite Independent School District shall not be liable to Respondent or its employees for any Unemployment or Workers' Compensation coverage, or federal or State withholding requirements. Contractor shall indemnify the Mesquite Independent School District and shall pay all costs, penalties, or losses resulting from Respondent's omission or breach of this Section. 53. DRUG FREE WORKPLACE: The contractor shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (Public Law , Title V, Subtitle D; 41 U.S.C. 701 ET SEQ.) and maintain a drug-free work environment; and the final rule, government-wide requirements for drug-free work place (grants), issued by the Office of Management and Budget and the Department of Defense (32 CFR Part 280, Subpart F) to implement the provisions of the Drug-Free Work Place Act of 1988 is incorporated by reference and the contractor shall comply with the relevant provisions thereof, including any amendments to the final rule that may hereafter be issued. 54. RESPONDENT LIABILITY FOR DAMAGE TO GOVERNMENT PROPERTY: The Respondent shall be liable for all damages to government-owned, leased, or occupied property and equipment caused by the Respondent and its employees, agents, subcontractors, and suppliers, including any delivery or cartage company, in connection with any performance pursuant to the Contract. The Respondent shall notify the Mesquite Independent School District Administrative Officer of Purchasing in writing of any such damage within one (1) calendar day. 17

18 55. RIGHT OF SETOFF Mesquite Independent School District may, at any time without prior written notice, set off funds due and owing under this contract and apply same in payment of any obligation, of any nature, due and owing to Mesquite Independent School District by the Contractor. a. Do you pay taxes in Mesquite ISD? b. Are you current on your property tax obligations owed Mesquite ISD? 56. It is not the policy of the Mesquite Independent School District to award contracts based solely on low bid/proposal. *The following criteria shall be used by the Mesquite ISD to evaluate the overall best value : a) The purchase price; b) The reputation of the vendor and of the vendor s goods or services; c) The quality of the vendor s goods or services; d) The extent to which the goods or services meet the district s needs; e) The vendor s past relationship with the district; f) The impact on the ability of the district to comply with the laws and rules relating to historically under-utilized businesses; g) The total long-term cost to the district to acquire the vendor s goods and services; h) For a contract for goods and services, other than goods and services related to telecommunications and information services, building construction and manintenance, or instructional materials, whether the vendor or the vendor s ultimate parent company or majority owner: 1. Has its principal place of business in this state; or 2. Employs at least 500 persons in this state; and i) Any other relevant factor specifically listed in this Request For Proposal. *Per Texas Education Code, Subchapter B, Sec (b) 18

19 VENDOR PROFILE Company Name Company Address Website Address Telephone Numbers: To place orders To check on orders FAX Contacts: Corporate contact for this proposal: Name Address City, State, Zip Phone Fax Local contact for this proposal: Name Address City, State, Zip Phone Fax Number of years company has been in business under this name Other company names used with dates, from/to: Remit to Address (if different than above): Address City, State, Zip 19

20 CERTIFICATE OF RESIDENCY Texas Government Code Chapter 2252, Subchapter A. Nonresident Bidders makes it necessary for the Mesquite Independent School District to determine the residency of its offerors. In part, this law reads as follows: Section DEFINITIONS: (3) Nonresident bidder refers to a person who is not a resident. (4) Resident bidder refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state. Section AWARD OF CONTRACT TO NONRESIDENT BIDDER: A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident s principal place of business is located. Name of Company is, under Section (3) and (4), a Resident Bidder Nonresident Bidder My principal place of business under Texas Government Gode, Section (3) and (4), is in the city of in the State of. Signature of Authorized Company Representative Print Name Title Date TO BE SIGNED AND RETURNED 20

21 FORM A DEVIATION OR COMPLIANCE SECTION DEVIATIONS: In the event the undersigned Proposer intends to deviate from the general terms, conditions, special conditions or specifications contrary to those listed in the Terms and Conditions and other information attached hereto, all such deviations must be listed on this page, with complete and detailed conditions and information also being attached (attach additional pages as necessary). Vendors must list all specifications for item(s) proposed that differ from any specifications/brands listed in the RFP. MISD will be the sole judge to determine if deviations are acceptable in meeting the needs of MISD and participating members. NO DEVIATIONS: In the absence of any deviations entry on this form, the Proposer assures MISD of their compliance with the Terms, Conditions, Specifications and information contained in this proposal. Are there deviations from the specifications? (circle) Yes No All Proposers MUST COMPLETE this page. SIGN & RETURN with proposal or proposal may be considered NON-RESPONSIVE. Our proposal is submitted according to: Deviations listed above OR No Deviations. 21

22 FORM B Non-Collusion Clause The undersigned affirms that they are duly authorized to execute this contract, that this company, corporation, firm, partnership or individual has not prepared this proposal in collusion with any other proposer, and that the contents of this proposal as to prices, terms and conditions of proposal have not been communicated by the undersigned nor by any employee or agent to any other person engaged in this type of business prior to the official opening of this proposal. Vendor: Street Address: City, State, Zip Phone: ( ) Fax: ( ) Proposer (Signature): Proposer (print name): Company Officer (Signature): Company Officer (print name): Title: 22

23 FORM C Suspension or Debarment Certificate Non-Federal entities are prohibited from contracting with or making sub-awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. Covered transactions include procurement for goods or services equal to or in excess of $100, Contractors receiving individual awards for $100, or more and all sub-recipients must certify that the organization and its principals are not suspended or debarred. By submitting this offer and signing this certificate, the proposer: Certifies the owner/operator has not been convicted of a felony except as indicated on a separate attachment to this offer, in accordance with Sec Texas Education Code, and Certifies that no suspension or disbarment is in place, which would preclude receiving a federally funded contract under the Federal OMB, A-102, Common Rule (.36) Vendor Name Authorized Company Official s Name Authorized Company Official s Signature Address Date 23

24 FORM D Felony Conviction Notice Senate Bill 1 passed by the State of Texas Legislators, Section , Notification of Criminal History, Subsection (a) states a person or business entity that enters into a contract with a school district must give advance notice to the district if the person or owners or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the felony. Subsection (b) states a school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. This disclosure is not required of a publicly-held corporation (Option A). I, the undersigned agent for the firm name below, certify that the information concerning notification of felony conviction has been reviewed by me and the following information furnished is true to the best of my knowledge (select one answer). Vendor Name: Authorized Company Officer s Name (printed): Title: A. My firm is a publicly-held corporation, therefore; this reporting requirement is not applicable. Signature of Company Officer: B. My firm is not owned nor operated by anyone who has been convicted of a felony. Signature of Company Officer: C. My firm is owned or operated by the following individual(s) who has/have been convicted of a felony (list names and titles): Details of Conviction: Signature of Company Officer: 24

25 FORM E FINGERPRINT REQUIREMENTS If a contractor/vendor s staff will be on a school site where students will be present, then contractor/vendor must comply with Texas Education Code Chapter 22. This is required for all Texas Public Schools. If contractor/vendor s staff will not be on school district property when students are present, then the contractor/vendor may not have covered employees. Mesquite ISD recommends all contractors/vendors consult with their legal counsel for guidance in compliance with this law. If you have questions on compliance with this section of the Texas Education Code, please contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at NCJU@txdps.state.tx.us and you should send an identifying you as a contractor/vendor to a Texas Independent School District. The Texas Department of Public Safety s telephone number is (512) The Texas Education Code, Chapter 22, Section statutory language may be found at: 25

26 TEXAS EDUCATION CODE CHAPTER 22 CONTRACTOR CERTIFICATION FOR CONTRACTOR EMPLOYEES Introduction: Texas Eduation Code Chapter 22 requires entities that contract with school districts to provide services to obtain criminal history record information regarding covered employees. Contractors must certify to the district that they have complied. Covered employees with disqualifying criminal histories are prohibited from serving at a school district. Definitions: Covered employees: Employees of a contractor or subcontractor who have or will have continuing duties related to the service to be performed at the District and have or will have direct contact with students. The District will be the final arbiter of what constitutes direct contact with students. Disqualifying criminal history: Any conviction or other criminal history information designated by the District, or one of the following offenses, if at the time of the offense, the victim was under 18 or enrolled at a public school: (a) a felony offense under Title 5, Texas Penal Code; (b) an offense for which a defendant is required to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure; or (c) an equivalent offense under federal law or the laws of another state. On behalf of ( Contractor ), I certify that [ ] None of the employees of Contractor and any subcontractors are covered employees, as defined above. If this box is checked, I further certify that Contractor has taken precautions or imposed conditions to ensure that the employees of Contractor and any subcontractor will not become covered employees. Contractor will maintain these precautions or conditions throughout the time the contracted services are provided. Or [ ] Some or all of the employees of Contractor and any subcontractors are covered employees. If this box is checked, I further certify that: (1) Contractor has obtained all required criminal history record information regarding its covered employees. None of the covered employees has a disqualifying criminal history. (2) If Contractor receives information that a covered employee subsequently has a reported criminal history, Contractor will immediately remove the covered employee from contract duties and notify the District in writing within three (3) business days. (3) Upon request, Contractor will provide the District with the name and any other requested information of covered employees so that the District may obtain criminal history record information on the covered employees. (4) If the District objects to the assignment of a covered employee on the basis of the covered employee s criminal history record information, Contractor agrees to discontinue using that covered employee to provide services for the District. 26

27 Noncompliance or misrepresentation regarding this certification may be grounds for contract termination. Company Name Signature of Authorized Representative Printed Name Date 27

28 FORM F REFERENCES List below three (3) institutions/companies for whom you have provided goods in the past 12 months. 1. Institution/Company Name Street Address City/State/Zip Contact s Name Phone Number 2. Institution/Company Name Street Address City/State/Zip Contact s Name Phone Number 3. Institution/Company Name Street Address City/State/Zip Contact s Name Phone Number 28

29 FORM G EDUCATIONAL PURCHASING COOPERATIVE OF NORTH TEXAS Several governmental entities around the Mesquite Independent School District have indicated an interest in being included in this contract. Should these governmental entities decide to participate in this contract, would you, the vendor, agree that all terms, conditions, specifications, and pricing would apply? Yes No If you, the vendor, checked yes, the following will apply. Governmental entities utillizing Internal Governmental contracts with the Mesquite Independent School District will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by governmental entity other than Mesquite Independent School District will be billed directly to that governmental entity and paid by that governmental entity. Mesquite Independent School District will not be responsible for another governmental entity s debts. Each governmental entity will order their own material/service as needed. For information regarding the Educational Purchasing Cooperative of North Texas, please visit their website at the following address: 29

30 FORM H CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local government entity This questionnaire reflects changes made to the law by H.B. 1491, 80 th. Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section (1-a) with a local governmental entity and the person meets requirements under Section (a). FORM CIQ OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7 th business day after the date the person becomes aware of facts that require the statement to be filed. See Section , Local Government Code. A person commits an offense if the person knowingly violates Section , Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person who has a business relationship with local governmental entity. 2. 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 the 7 th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Name of local government officer with whom filer has employment or business relationship. Name of officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section (1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. Signature of person doing business with the governmental entity Date Adopted 06/29/07 30

31 Form I House Bill 89 Verification I, (Person name), the undersigned representative of (Company or Business name) (hereafter referred to as company) being an adult over the age of eighteen (18) years of age, after being duly sworn by the undersigned notary, do hereby depose and verify under oath that the company named-above, under the provisions of Subtitle F, Title 10, Government Code Chapter 2270: 1. Does not boycott Israel currently; and 2. Will not boycott Israel during the term of the contract. Pursuant to Section , Texas Government Code: 1. Boycott Israel means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes; and 2. Company means a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or any limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate of those entities or business associations that exist to make a profit. DATE SIGNATURE OF COMPANY REPRESENTATIVE On this the day of, 20, personally appeared, the above-named person, who after by me being duly sworn, did swear and confirm that the above is true and correct. NOTARY SEAL NOTARY SIGNATURE Date 31

32 MESQUITE ISD CERTIFICATE OF INTERESTED PARTIES FORM 1295 Certificate of Interested Parties (Form 1295 must be filled out electronically with the Texas Ethics Commission s online filing application, printed out, signed, notarized, and attached to proposal in the Response Attachment section) Mesquite ISD is required to comply with House Bill 1295, which amended the Texas Government Code by adding Section , Disclosure of Interested Parties. Section prohibits Mesquite ISD from entering into a contract resulting from this RFP with a business entity unless the business entity submits a Disclosure of Interested Parties (Form 1295) to Mesquite ISD at the time business entity submits the signed contract. The Texas Ethics Commission has adopted rules requiring the business entity to file Form 1295 electronically with the Texas Ethics Commission. Interested Party means a person: a) who has a controlling interest in a business entity with whom Mesquite ISD contracts; or b) who actively participates in facilitating the contract or negotiating the terms of the contract, including a broker, intermediary, adviser, or attorney for the business entity. Business Entity means an entity recognized by law through which business is conducted, including a sole proprietorship, partnership, or corporation. As a business entity, all vendors must electronically complete, print, sign, notarize, and submit Form 1295 with their proposals even if no interested parties exist. Proposers must file Form 1295 electronically with the Texas Ethics Commission using the online filing application, which can be found at Proposers must use the filing application on the Texas Ethics Commission s website to enter the required information on Form Proposers must print a copy of the completed form, which will include a certification of filing containing a unique certification number. The Form 1295 must be signed by an authorized agent of the business entity, and the form must be notarized. The completed Form 1295 with the certification of filing must be filed with MESQUITE ISD by attaching the completed form to the proposal in the Response Attachment section. Mesquite ISD must acknowledge the receipt of the filed Form 1295 by notifying the Texas Ethics Commission of the receipt of the filed Form 1295 no later than the 30 th day after the date the contract binds all parties to the contract. After Mesquite ISD acknowledges the Form 1295, the Texas Ethics Commission will post the completed Form 1295 to its website within seven business days after receiving notice from Mesquite ISD. 32

33 Form J CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. 4 Name of Interested Party City, State, Country (place of business) Nature of Interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. AFFIX NOTARY STAMP / SEAL ABOVE Signature of authorized agent of contracting business entity Sworn to and subscribed before me, by the said, this the day of, 20, to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ADD ADDITIONAL PAGES AS NECESSARY 33 Form provided by Texas Ethics Commission Adopted 10/5/2015

34 Form W-9 (Rev. December 2014) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: Individual/sole proprietor or single-member LLC C Corporation S Corporation Partnership Trust/estate Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Note. For a single-member LLC that is disregarded, do not check LLC; check the appropriate box in the line above for the tax classification of the single-member owner. Other (see instructions) 5 Address (number, street, and apt. or suite no.) 6 City, state, and ZIP code 4 Exemptions (codes apply only to certain entities, not individuals; see instructions on page 3): Exempt payee code (if any) Exemption from FATCA reporting code (if any) (Applies to accounts maintained outside the U.S.) Requester s name and address (optional) 7 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Part II Certification Social security number or Employer identification number Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: Form 1099-INT (interest earned or paid) Form 1099-DIV (dividends, including those from stocks or mutual funds) Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) Form 1099-S (proceeds from real estate transactions) Form 1099-K (merchant card and third party network transactions) Date Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) Form 1099-C (canceled debt) Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled-out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No X Form W-9 (Rev )

35 MISD SITE RULES: A. No foul language or spitting on the floor. B. No tobacco products on school property. C. The possession or use of alcohol, illegal drugs or firearms is strictly prohibited. D. Proper clothing will be worn at all times. Sleeved t-shirts and long pants are the preferred attire with the company logo on the shirts. Any deviation from this will be reviewed for acceptance. E. Contractor will provide MISD with a copy of a picture ID of each employee who will be performing work in our facilities. MISD requires all vendors doing business on MISD property to have their employees display a company logo by wearing a shirt, ball cap and/or ID badge and vehicles identified with company logos. F. No workers with a history of felony convictions or warrants. G. No parking on grass, under shade trees, sidewalks or non-vehicular paved areas. H. Entry into any Mesquite ISD facility must be cleared in advance with the campus office. I. Take all precautions necessary for the safety of, and provide protection, to prevent damage, injury or loss to: All employees on the project and all other persons who may be affected thereby. All the work and all materials to be incorporated therein, whether in storage on or off the site. All property at the site and adjacent thereto including trees, shrubs, lawns, walks, pavement, roadways, structures, utilities and any other school property. J. A competent supervisor shall be on site at all times who understands the full scope of the work. K. School administrative services shall at all times have priority over the Contractor s use/service/etc. L. Any work that may interfere with school activities must be authorized in advance through administrative channels. A management plan will be devised to minimize the effect of the interference. M. The Contractor shall be responsible to Mesquite ISD for acts and omissions of the Contractor s employees, Subcontractors and their agents and employees, and other persons performing portions of the work under the contract. N. No work within the confines of a secured building will be allowed without at least one district custodian present. 34

36 O. Doors must not be propped open when working after-hours. P. Unless otherwise noted, any contractor working on district property must supply the owner with proof of insurance naming the district as co-insured on that policy for property and liability. Q. Only the designated district representative who let the contract for services will be authorized to sign documents which release or accept work by the contractor for the district. 35

37 FORMS CHECKLIST Completed - Form A - Deviation or Compliance Section Completed - Form B - Non-Collusion Clause Completed - Form C - Suspension or Debarment Certificate Completed - Form D - Felony Conviction Notice Completed - Form E - Contractor/Vendor Verification Employee Criminal Background Checks Completed - Form F - References Completed - Form G - Educational Purchasing Cooperative of North Texas Completed - Form H - Conflict of Interest Completed - Form I - House Bill 89 Verification Completed - Form J - Certificate of Interested Parties OTHER REQUIRED DOCUMENTATION Terms and Conditions Completed - Insurance (Sections 40 and 41) Completed - Payment Bond (Section 43) Completed - Performance Bond (Section 44) Completed - Bid Bond (Section 45) 36

38 PROPOSAL ANNUAL CONTRACT FOR MAINTENANCE OF FIBER OPTIC CABLING 1. GENERAL INFORMATION: The Mesquite Independent School District (also referred to as MISD, Mesquite ISD and the owner) and The City of Mesquite (also referred to as the City and the owner) invites you to submit a Proposal in response to our Request for Proposal. All questions must be addressed as outlined herein. Oral answers will not be authoritative unless confirmed by addendum to the RFP. The Proposal is to be submitted in a sealed envelope bearing the name of the Proposer, and the address as well as the title of the RFP no later than 2:00 p.m. on Thursday, November 2, The City of Mesquite is participating in this RFP with the Mesquite Independent School District. The District and the City of Mesquite currently share the same cabling pathways utilizing separate conduits, fiber, and material. The Mesquite Independent School District is responsible for the procedural part of the RFP. The City of Mesquite will fully participate in the award of this RFP. For the 2016 calendar MISD and the City of Mesquite had a combined 12,849 Locate Notification Tickets (Clear Tickets) that did not require in the field locates. In this same timeframe, MISD and the City of Mesquite had a combined 1,424 hours of in the field locate services. Proposals should be addressed to: Mesquite Independent School District Darci Hooten, CPPB, CTSBO, Director of Purchasing 3819 Towne Crossing Blvd, Suite 203 Mesquite, Texas INTRODUCTION: The Mesquite Independent School District and the City of Mesquite are seeking proposals for the services of a qualified contractor to maintain our existing fiber optic networks, also referred to as Metropolitan Area Network or MAN. This maintenance contract shall include Locating Services (working in coordination with Texas One-Call Notification Centers, DIGTESS), emergency and non-emergency repairs, relocation of conduit and fiber optic cables as needed and installation of new underground facilities as needed. 37

39 3. PROPOSED RFP SCHEDULE: October 19, 2017 November 2, 2017 December 12, 2017 (est.) January 1, 2018 RFP Posted RFP Closes Contract Award Contract Start Date 4. SCOPE OF SERVICES: A) The contractor shall act on the behalf of the Mesquite Independent School District and the City of Mesquite in fulfilling the duties of the Operator as described in the Utilities Code Chapter 251 in regards to underground facilities damage prevention and safety. Working in conjunction with the Texas One-Call Notification Center (DIGTESS) and following provisions established by Utilities Code Chapter 251 the contractor shall be responsible for providing locating services of all buried Class A Underground Facilities that makes up the Mesquite Independent School District s and the City of Mesquite s Metropolitan Area Networks. This service shall include clearing excavation notifications issued by the Notification Centers that do not require locates as well as providing proper in the field location services as required to prevent damage to the owner s underground facilities. The contractor shall refer to the American Public Works Association color coding standards when marking underground facilities. In some instances the contractor shall be required to utilize Potholing services for locating and exposing underground facilities as a method to prevent damage to those underground facilities. When Potholing is required the recommend practice is by use of an Air Excavation System or Water Excavation System. In instances where it is discovered during the locating process that either MISD s or the City s maps and as-built drawings are inaccurate it shall be the contractor s responsibility to notify the appropriate owner and report such discrepancies. B) The contractor shall perform emergency and non-emergency repairs to the owner s underground facilities. These repairs shall be performed only after MISD or the City has given approval to repair their underground facilities. Repairs shall be performed as directed by Mesquite ISD for its facilities, City of Mesquite for its facilities. The cost for this work shall be at the rates as quoted by the proposer on their bid form. C) The contractor shall be responsible for relocating the Mesquite ISD s underground facilities and the City of Mesquite s underground facilities in circumstances such as road widening s, rights-of-way changes/improvements, building construction changes, etc. These underground facilities shall be relocated only after approval by Mesquite ISD for its facilities and the City of Mesquite for its facilities. Relocation of said underground facilities shall include 38

40 all pull boxes, manholes and permanent location markers. The cost for this work shall be at the rates as quoted by the proposer on their bid form. D) When permitted by the owner s bidding practices the contractor may provide installation services for new underground facilities. These services shall be performed in accordance with specifications established for each individual project. The appropriate owner shall assign an individual acting on its behalf to act as the project manager for said project. The cost for this work shall be at the rates as quoted by the proposer on their bid form. 5. ROUTE: The boundaries of the Mesquite ISD and the City of Mesquite s Metropolitan Area Networks are within the city limits of Mesquite, Balch Springs and Garland, Texas. The project routing is completely within public rights-of-way, school and city property and covers over 55 miles. There are a total of fifty-five (55) MISD facilities, fifteen (15) City of Mesquite facilities and ninety-eight (98) traffic signals on the network. 6. LOCATE MANAGEMENT SYSTEM: The Mesquite ISD has two model RD431 Radiodetection locate management systems on the MISD fiber network. These units are located at Service Center, 800 E. Kearney, Mesquite, TX and the Mesquite Communications Building, 2411 Memorial Blvd, TX These units are equipment with the telephone interface feature which allows the detection signal to be turned on and off remotely. The contractor shall provide the proper precision locator units to be used in conjunction with the locate management system to aid in fiber locates. Both management systems outputs are interfaced to the Mesquite ISD s fiber and should cover the largest part of the Mesquite ISD fiber route. Since the majority of the City of Mesquite s fiber share the same trench/bore with MISD s fiber the contractor may also use these locate management systems to aid in the City of Mesquite locates. In areas where the signal does not reach the contractor shall furnish all signal generating equipment and accessories needed to complete the requested locate. 7. LOCATE MANAGEMENT RESPONSE TIMES: The contractor shall mark the location not later than the 48th hour after the time the excavator gives to the notification system notice of intent to excavate, excluding Saturdays, Sundays, and legal holidays; 11:59 a.m. on the Tuesday following a Saturday notification unless the intervening Monday is a holiday; 11:59 39

41 a.m. on the Wednesday following a Saturday notification if the intervening Monday is a holiday; or a time agreed to by the operator and the excavator. Not later than the 48th hour after the time the excavator gives to the notification center notice of intent to excavate, the contractor shall notify the excavator of the contractor's plans to not mark the proximate location of an underground facility at or near the site of the proposed excavation. The contractor must provide the notification by or facsimile or by another verifiable electronic method approved by the board. 8. EMERGENCY REPAIR AND RESTORATION RESPONSE TIMES: Emergency fiber optic cable restoration repair services will be performed by trained and qualified personnel using pre-positioned equipment and materials. The contractor must make specific preparations to have on hand any and all items of equipment ready for a two hour on site response of non-scheduled fiber optic cable repair and restoration services. Two Hour Emergency Restoration Services of buried fiber optic cable facilities includes all of MISD s and the City of Mesquite s existing fiber routes in the city and surrounding areas. MISD and the City of Mesquite will provide as-built documents showing all routes (usually designated as Fiber Ring, Building Lateral, etc.), the fiber count for each route (such as 48 fiber, 96 fiber, etc.), the slack locations and slack lengths, and splice locations requiring Emergency Restoration Services. New routes and new fiber cable sizes will be provided to the contractor as they become available. The contractor will carefully study and compare all drawings of each route, all specifications, and physically ride the route with a MISD representative to become familiar with the main fiber route. The contractor will promptly report to MISD any error, inconsistency, or omission discovered while maintaining the MISD and City of Mesquite fiber networks. Once MISD formally notifies the contractor that there is an emergency, the contractor s Designated Supervisor will be underway toward the Emergency site within 30 minutes. In order to respond quickly, the Designated Supervisor must have a cellular phone and the current list of the Emergency Restoration Team with him at all times. The Designated Contractor Supervisor will notify all members of the Emergency Restoration Team. He will make sure a supervisor is placed in charge to get the team assembled at the equipment yard, to get the team organized with the correct equipment, and to get the team on the way to the exact Emergency location within the on-site two hour time limit. 9. INVOICING METHODS: The contractor shall make themselves aware of the MISD and City of Mesquite invoicing requirements. Invoicing for services provided under this contract shall follow the guidelines listed below. 40

42 a) Invoices for Locating Services shall be submitted quarterly. These invoices shall be split on a 50/50 basis and submitted as separate invoices one to the MISD and one to the City of Mesquite. b) Invoices for paint and other material necessary for in the field locates shall be submitted on the quarterly invoice. The cost for these supplies shall be split on a 50/50 basis between the MISD and City of Mesquite. c) DIGTESS cost shall be itemized on the quarterly invoice. The cost for this service shall be split on a 50/50 basis between the MISD and City of Mesquite. d) Invoices for repair and restoration services shall be submitted on a per incident basis. The intent of this RFP is that MISD and the City of Mesquite will each pay 100% of its own repairs. That being said there are circumstances where these repairs do incur some shared cost. Ex: excavating cost to uncover both MISD and City of Mesquite fibers for repairs. In these cases those cost should be identified and split out on a 50/50 basis. 10. CONTRACT LENGTH: The initial term of the contract shall be one year beginning on January 1, After the first year there shall be an option to renew for up to four additional years in one year increments. This contract may be extended for MISD providing that both MISD and the contractor agree to the extension. A separate extension of the contract may be executed for the City of Mesquite providing that both the City of Mesquite and the contractor agree to the extension. 11. QUALITY ASSURANCE/CONTRACTOR QUALIFICATIONS The proposer shall be an established cabling installation contractor that currently maintains a locally run and operated business. The proposer shall have a minimum of five (5) years experience in underground facility damage prevention (locating services), underground facility maintenance/repairs and underground facility installations. Written documentation shall be provided with the proposal confirming experience. The proposer shall provide satisfactory evidence that he maintains a fully staffed service organization capable of providing all services listed in the Scope of Services section of this RFP The proposer shall provide satisfactory evidence that he maintains a fully equipped service organization capable of furnishing superior locating, maintenance and installation services. The proposer shall maintain at his facility the necessary spare parts, tools equipment and machinery in the proper quantities to maintain and service the Owner s Metropolitan Area Network. 41

43 The proposer shall provide, attach to the proposal documents, an itemized listing of all tools, equipment, machinery and hardware in possession by and owned by the proposer to be used on a daily basis to provide the services specified in their response to this RFP. The proposer shall be fully licensed in the State of Texas to perform the services listed in this RFP. All items shall be new and be the most current revision of that item. All items shall be delivered in first class condition, including all packaged accessories and containers suitable for shipment and storage. Throughout the performance of this contract, the proposer agrees not to discriminate against any employee or applicant for employment because of race, color, national origin, age, religion, gender, marital or veteran status, or handicapping condition. The proposer shall indicate all or none on the proposal documents if the above stated conditions are not acceptable. 12. LAWS AND REGULATIONS: The proposer s attention shall be directed to the fact that all applicable Federal and State Laws, Municipal Ordinances, Local Codes and any other rules and regulations of all authorities having jurisdiction over the services outlined in this RFP shall apply to the contract throughout, and they shall be deemed to be included in the contract the same as though herein written out in full. It shall be the responsibility of the proposer to make themself aware of local codes and permit requirements and other details concerning all services listed in this RFP. A City of Mesquite Franchised Utility Permit will need to be submitted when work is anticipated within city rights of way. (See attached Right-of-Way/Easement Use & Construction Permit) 13. SAFETY: Safety is the foremost concern in any contract operation. On this particular contract, unsafe acts or operations will not be tolerated, to the point of shutdown and termination of Proposer. The proposer s services takes place in areas that are 100% public. Therefore, in addition to the workers, consideration must also be made for the public and for private property. Guidelines for safe conduct have been established by various agencies. Therefore safety considerations and procedures will comply with the following codes as applicable: 42

44 All areas: OSHA Standards and Regulations STATE DOT Highways and Streets Utility companies maintaining private right of way Federal Freeways County (County Roads) City of Mesquite Standards and Regulations City of Balch Springs Standards and Regulations City of Garland Standards and Regulations Compliance with all Federal, State, and Local laws, ordinances, and regulations concerning health and safety is mandatory. Work Zone traffic control shall be in accordance with the current Texas Manual on Uniform Traffic Control Devices and: A. City of Mesquite Work Zone Traffic Control Guidelines. The City of Mesquite Engineering Department will provide free copies of their publication to the Proposer upon request; B. City of Garland Code of Ordinances Chapter 33 Transportation, Article V or the Director of Transportation; or C. City of Balch Springs Code of Ordinances, Part II, Chapter 66. The Proposer will provide a safety plan to MISD prior to commencing work, this will entail company contacts, safety manuals, OSHA logs, and any pertinent safety related material. A weekly progress/safety meeting will be held Mondays involving the MISD field superintendent(s), City of Mesquite representative and MISD s/city of Mesquite s Design Engineer(s). The past week and anticipated hazards will be discussed, with preventive measures outlined. For new types of activities a hazard analysis form will be filled out and discussed with the subproposer. Previous hazard analysis (as applicable to present work) will also be reviewed at this time. During the week the MISD field superintendent will inspect the work sites. Any violations will immediately be brought to the attention of the Proposers supervision and corrected. MISD will correct violations and back charge the Proposers should the Proposers not correct these item(s). Continued violations will be reason for termination of Proposer. MISD insists on having a quality, productive, and safe project. Special Notes: a) Hard hats and reflective vests will be worn by all personnel in work areas at all times. No exceptions. b) Traffic control safety work areas will be inspected each day at each site. Work site(s) not in compliance will be shut downed until the necessary safety signs are in place. No exceptions 43

45 c) Proposer will provide evidence that a written Confined Space Procedure, complying with the latest OSHA standards, will be adhered to. The Proposer will provide a copy of their written procedure to MISD prior to any work that may involve entering a confined space. d) All excavations left unattended or open shall be properly barricaded or plated (1 steel plate if in the street) until temporarily backfilled or complete restoration has been performed as dictated by permitting authorities. During any nonworking hours, Proposer shall place steel plates over any open trenches that would pose a threat to vehicular traffic. The steel plates shall be of sufficient thickness to withstand the weight of a vehicle and anchored in place to prevent movement. Open trenches not exposed to vehicular traffic shall also be covered with 1 1/8 plywood (or equal) and anchored in place. e) The proposer will adhere to all OSHA regulations, which also includes proper shoring of all trenches and pits. 14. CONSTRUCTION / INSTALLATION AS-BUILT DRAWINGS To provide documentation for maintenance, or for other Right of Way activities, the as built drawings shall be accurate (+ or -1 ) horizontally and vertically locating all buried infrastructure. As built drawings should be submitted in Red Line format on the actual construction prints. These construction prints shall be provided by MISD or the City of Mesquite. The buried infrastructure shall be referenced at all changes in alignment (horizontal or vertical), utility crossings, culvert crossings, access points, etc. and at no more than 25 intervals. Two full sets of complete and certified as built drawings shall be submitted for the entire project shall be provided along with all required test results, fifteen (15) days after the project is completed. 44

46 TECHNICAL SPECIFICATIONS CITY OF MESQUITE FIBER OPTIC INTERCONNECT All materials and work shall be performed per the Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 1994 Edition (TxDOT Standard Specifications) except as modified herein. TS-1 Fiber Optic Cable This work shall consist of furnishing and installing a fiber optic cable of the type, size and number of fibers specified. General Requirements Materials and Equipment Materials and equipment shall be the standard products of a manufacturer regularly engaged in the manufacture of the products. The fiber optic cable shall be OFS BrightWave, Corning or approved equal conforming to the following specifications. The fiber optic shall be manufactured utilizing Corning or OFS glass fiber conforming to the following specifications. All materials and equipment furnished shall be completely free from defects and poor workmanship. All fibers shall be glass and be manufactured by Corning, OFS or pre-approved equal. The cable shall be rated for gigabyte data bandwidth. All fiber shall be loose tube construction for both indoor and outdoor installation. Indoor cabling shall use plenum rated conduit to within less than 50 foot of point of termination eliminating the requirement to convert to indoor cable. Contractor Qualifications Trained and experienced personnel shall supervise the fiber optic cable installation. Qualified technicians shall make the cable terminations and splices. The Contractor upon request of the Engineer shall provide documentation of qualifications and experience for fiber optic equipment installations. The Engineer shall determine if the Contractor is qualified to perform this work. The Contractor shall have attended a certified fiber optic training class mandated by these specifications prior to starting work. Codes Requirements The fiber optic cable installation shall be in accordance with or exceed all minimal requirements of State codes, National codes, and manufacturer codes as applicable. Miscellaneous Equipment The Contractor shall furnish and install all necessary miscellaneous connectors and equipment to make a complete and operating installation in accordance with the plans, standard sheets, standard specifications, special provisions, and accepted good practice of the industry. 45

47 General Considerations The cable shall meet all requirements stated within this specification. All fibers in the cable must be usable fibers and meet required specifications. Multi-mode Fiber Core diameter: um Cladding diameter: um Core-to-cladding offset: <3.0um Coating diameter um Graded Index Attenuation uniformity: No point discontinuity shall be greater than 0.25 db, except terminations or patch cords, at either 850nm or 1300nm. The coating shall be a layered UV cured acrylate applied by the fiber manufacturer. The coating shall be mechanically or chemically removable without damaging the fiber. Factory cable rating shall be 3.5 db/km at 850 nm and 1.0 db/km at 1300 nm, or less. Installed tolerance shall be less than 3.85 db/km at 850 nm and less than 1.1 db/km at 1300 nm, testing tolerance. All fiber cables shall be Gigabyte rated, i.e. multimode shall be 200/500 Meter for 850 and 1300 nm respectively based on a 10 db power budget.. Single-Mode Fiber Typical core diameter: 8.3um Cladding diameter: um by fiber end measurement Core-to-cladding offset: <1.0um Coating diameter: um Attenuation uniformity: No point discontinuity shall be greater than 0.1 db, except terminations or patch cords, at either 1310nm or 1550nm. The coating shall be a layered UV cured acrylate applied by the fiber manufacturer. The coating shall be mechanically or chemically removable without damaging the fiber. Factory cable rating shall be 0.35 db/km at 1310 nm and 0.25 db/km at 1550 nm. Installed tolerance shall be less than 0.44 db/km at 1310 nm and less than 0.33 db/km at 1550 nm, testing tolerance. All fiber cables shall be Gigabyte rated, i.e. single mode shall be 28 KM for 1310 nm and 40 KM for 1550 nm based on a 10 db power budget. All Single mode fiber shall be rated for multi-frequency, four frequencies, equivalent to the AllWave OFS specification and shall be rated to withstand extended aging under water impregnation conditions. Fiber Specification Parameters All fibers in the cable shall meet the requirements of this specification. The testing tolerance attenuation specification shall be a maximum attenuation for each fiber over the entire operating temperature range of the cable when installed. 46

48 The change in attenuation at extreme operational temperatures for single-mode fibers shall not be greater than 0.20 db/km at 1550 nm, with 80 percent of the measured values no greater than 0.10 db/km at 1550 nm. Optical fibers shall be placed inside a loose buffer tube, minimum six (6) fibers per tube, normally twelve (12) fibers per tube. Actual number of fibers per tube shall be twelve fibers per tube unless specified differently on the Plans. Multi-mode only each buffer tube shall contain 12 or 6 fibers. Single-mode only each buffer tube shall contain 12 or 6 fibers. The buffer tubes will meet EIA/TIA-598, Color coding of fiber optic cables. All fiber cables shall be Gigabyte rated, i.e. multi-mode shall be 200/500 Meter for 850 and 1300 nm respectively and 5000 Meter for 1310 and 1550 nm. Single-mode fibers shall be placed in the first buffer tubes. Multi-mode fibers shall be in the remaining buffer tubes. Fiber count, tubes of fiber, shall be as specified on the plans. Fillers shall be included in the cable core to lend symmetry to the cable cross-section where needed. The central anti-buckling member shall consist of a glass reinforced plastic rod. The purpose of the central member is to prevent buckling of the cable. The cable shall use a completely dry cable design without the use of gels and filling compounds. Dry water blocking material shall be used around the buffer tubes as well as internal to the tubes. Water blocking gels shall not be acceptable on this project. Gel, termed icky-pic, shall not be acceptable for this project. Buffer tubes shall be stranded around a central member. Acceptable techniques include the use of the reverse oscillation, or SZ, stranding process. All dielectric cables (with no armoring) shall be sheathed with medium density polyethylene. The minimum nominal jacket thickness shall be 1.4 mm. Jacketing material shall be applied directly over the tensile strength members and flooding compound. Cable jacketing shall utilize the newer designs to provide maximum flexibility without loss or appreciable db attenuation. Cable diameter shall not exceed 0.50 inch. The jacket or sheath shall be marked with the manufacturer s name, the words optical cable, the year of manufacture, number of fibers, type of fiber (SM or MM) and sequential feet or meter marks. The markings shall be repeated every one-meter or three feet. The actual length of the cable shall be within 0/+1% of the length marking. The marking shall be in a contrasting color to the cable jacket. The height of the marking shall be approximately 2.5 mm. A copy of the manufacturer fiber definition and 47

49 shipping sheet identifying all tests, results and fiber indexes shall be provided to the Engineer on delivery of cable to the City or shall be included with a contractor s listing of place(s) of installation when installed by a Contractor. The maximum pulling tension shall be 600 pounds (2700 N) during installation. Where ever possible, six (6) buffer tubes with twelve (12) fibers each, or subsets specified, shall be provided and designated as follows: Buffer Tube/Fiber Tube/Fiber Color #1, 1st tube or fiber blue #2, 2nd tube or fiber orange #3, 3rd tube or fiber green #4, 4th tube or fiber brown #5, 5th tube or fiber slate #6, 6th tube or fiber white #7, 7th tube or fiber red #8, 8th tube or fiber black #9, 9th tube or fiber yellow #10, 10th tube or fiber violet #11, 11th tube or fiber rose #12, 12th tube or fiber aqua Quality Assurance Provisions All optical fibers shall be proof tested by the fiber manufacturer at a minimum load of 100 kpsi. All optical fibers shall be 100% attenuation tested at the manufacturer. The attenuation of each fiber shall be provided with each cable reel. The measured attenuation shall be for both 850 and 1300 frequency for multimode and 1310 or 1550 frequency for single mode. This documentation shall be provided with each spool. The Contractor shall designate on the Plans and on this documentation the location where each spool has been installed and provide this data to the Engineer. Cable Installed in Ducts and Conduits A suitable cable feeder guide shall be used between the cable reel and the face of the duct and conduit to protect the cable and guide it into the duct off the reel. It shall be carefully inspected for jacket defects. If defects are noticed, the pulling operation shall be stopped immediately and the Engineer notified. Precautions shall be taken during installation to prevent the cable from being kinked or crushed. A pulling eye shall be attached to the cable and used to pull the cable through the duct and conduit system. A pulling swivel shall be used to eliminate twisting of the cable. As the cable is played off the reel into the cable feeder guide, it shall be sufficiently lubricated with a type of lubricant recommended by the cable manufacturer. Dynamometers or breakaway pulling swing shall be used to ensure that the pulling line tension does not exceed the installation tension value specified by the cable manufacturer. The mechanical stress placed on a cable during installation shall not be such that the cable is twisted or 48

50 stretched. The pulling of cable shall be hand assisted at each controller cabinet. The cable shall not be crushed kinked or forced around a sharp corner. If a lubricant is used it shall be of water based type and approved by the cable manufacturer. Sufficient slack shall be left at each end of the cable to allow proper cable termination. The minimum slack amounts shall be as follows: 34 or 4 x 4 Pull Box, or any box where cable ends As indicated on plans, 100 foot minimum 24 x 14 or Type D Pull Box As indicated on plans, 6 foot minimum Storage of minimum slack cable in controller cabinets and additional slack at pull boxes shall be coiled. The slack coils shall be bound at a minimum of 3 points around the coil parameter and supported in their static storage positions. The binding material and installation shall not bind or kink the cable. Storage of additional slack cable adjacent to conduit risers and support poles shall be as visibly marked/tagged as CAUTION FIBER OPTIC CABLE. Maximum length of cable pulling tensions shall not exceed the cable manufacturer s recommendations. All fiber cables shall be marked with a metallic, or preapproved identifier in the pull box adjacent to the traffic signal cabinet or hub cabinet and on the cable in the traffic signal cabinet or hub cabinet at the point of termination. The identifier, both in the cabinet and in the pull box, shall indicate the direction the cable is going, cable contents [SM or SM/MM], and the abbreviated location for the other end destination. Fiber cabling between traffic controllers and adjacent hub locations shall be outdoor rated, loose tube fiber, when not linked by a direct, continuous conduit installation. Minimum Bend Radius For static storage, the cable shall not be bent at any location to less than ten times the diameter of the cable outside diameter or as recommended by the manufacturer. During installation, the cable shall not be bent at any location to less than twenty times the diameter of the cable outside diameter or as recommended by the manufacturer. Placement in Existing Conduit Check all existing conduit shown on the plans to be used for installation of wire and cables to verify that it is clear and continuous and useable for the intended purpose. Find and repair any sections of conduit which are found to be unacceptable before the cable installation is started. Test all existing empty conduit to be used on this project or conduits where all existing cables are to be removed (or removed and replaced) by pulling a mandrel through the conduit. Use a mandrel that has a diameter no less than 70% of the inside diameter of the conduit and a length of 2 in. Clean and/or replace all sections of existing conduits that will not allow passage of the mandrel so that the mandrel WILL pass thru the conduit to the satisfaction of the Engineer. After the mandrel test is completed successfully, clean the conduits with a rubber swab slightly larger in diameter than the 49

51 conduit. Install a nylon pull line with minimum test strength of 200 lb. in the conduit for use in installing the wire and cables. Locating Cable Along with the fiber optic cable, one (1) #10 AWG THHN, 600 volt single conductor cable (identifier conductor), orange in color, shall be pulled with six feet (6 ) slack in each pull box for use as a locating cable. The locating cable shall be connected to the grounding rod in the 34 pull box adjacent to each controller and shall be continuous between each controller location. No separate payment will be made for the locating cable. Fiber Cable Testing Each section of the cable shall be tested for continuity and attenuation as a minimum. If the attenuation is found not to be within the acceptable nominal values, the Contractor shall use an optical time domain reflectometer (OTDR) to locate points of localized loss caused by bends or kinks. If this is not successful the Contractor shall replace the damaged section of cable with no additional payment. Splices will not be allowed to repair the damaged section. After all fiber cable is installed between traffic controller cabinets and fiber links between fiber distribution points (FDP) complete links, all fibers, whether terminated or non-terminated, shall be tested with an OTDR. All fibers terminated shall be tested with a power meter. The Contractor may jumper termination points at controller cabinets to minimize the number of tests and run a single OTDR test between several controller cabinets, subject to the range of the OTDR. Links between FDP s shall be tested separately. Each OTDR trace, for documented test result submittal, shall be displayed individually and not be combined with other fiber traces as overlays. Multimode fiber shall be tested using 1300 nm and single mode fiber shall be tested at 1310 nm. The results of the OTDR test shall be provided on an electronic media (disk) and paper printout. The OTDR wave, pictorial diagram of db loss over the length of fiber tested, shall be provided along with the measured data values. The printout shall contain the manufacturer s fiber optic Index of Refraction to the third decimal point for the fiber provided. The Contractor shall provide the Engineer with a written report showing all the values measured compared to the calculated values for length and coupler/connector losses at the completion of these tests. Outdoor patch cords between FDP and controller units less than 151 feet do not need be OTDR tested. Documentation provided to the Engineer shall include a written indication of every splice, termination, patch cord, etc. for cable being measured. Power meter measurement recordings shall indicate the exact measured distance [OTDR or field measurement with cross reference for oscillation multiplier] on the sheet showing the power meter readings. Any deviations between fiber readings in the same tube shall be notated for OTDR graphs as well as deviations greater than 5% on power meter readings. Rated values for acceptable installation shall be based on the following parameters: Patch cords/pigtails Unicam Terminations.60 MM &.15 SM db each 1.0 db set of 2 [In and Out] 50

52 Splices 0.08 each 1 KM = KF where KF is 1000 feet Data documentation shall include for each test between cabinets or between FDP sites, the length of fiber as measured by OTDR, frequency used in test on OTDR by each fiber type, distance to each splice, termination or patch cord jumper, db loss rating by manufacture from spool documentation, index of refraction by type of fiber in section, and the db loss of each section as measured in the final test for each fiber. A special test shall be made on all continuous spliced fiber from start to end that includes the total db loss measured and the OTDR plot on electronic disk. Splice points shall be identified on the trace. Splices The 24 and 48 fiber cables shall be installed in continuous runs between controller cabinets and/or hubs, the 72 fiber cables shall be installed in continuous runs between future hub locations. No splices shall be allowed, unless shown on the plans or for testing. Only mechanical splices, Siecor CamLite or approved equal will be allowed, when specified, such as testing of non-terminated fibers. Splices, where specified, shall be by fusion splice and shall be installed using an automatic fusion splicer. Splices between two fibers leaving the cabinet shall be supported in splice trays installed in splice enclosures. All splices shall be protected by heat shrink tubing designed for fiber optic splicing applications. Fibers being terminated in two separate termination or splice enclosures shall be supported between enclosures by the use of buffer tubing or approved equal support material or shall be pigtail patch cords. Termination / splice enclosures shall be separated by less than 12 inches unless a conduit is installed between enclosures. All splices shall be performed by an automated splicer device that verifies the final splice termination quality. All splices shall be nominally.03 to.05 db loss but shall be less than a 0.08 db loss. Measurement This Item will be measured by the foot of fiber optic cable furnished, installed, spliced, connected, and tested. Payment The work performed and materials furnished in accordance with this Item and measured as provided under Measurement will be paid for at the unit price bid for Fiber Optic Cable System of the type, and number of fibers as applicable. This price is full compensation for furnishing and installing all cable; for relocating cables as required; for pulling through conduit or duct; testing; splicing; connecting; cleaning of conduit, locating cable, and for materials, equipment, labor, tools, documentation, warranty, training and incidentals. TS-2 Conduit Conduit shall be supplied and installed per TxDOT Standard Specification 618 and per TxDOT Standard Plan Sheet ED(1)-03 except as modified in the plans or these specifications. 51

53 All conduit shall be HDPE, with the exception of segments where portions of the run are installed above ground as indicated in the plans, in this case Rigid Metal conduit shall be utilized. Conduit types shall not be mixed for a particular run (between boxes, pole bases, cabinets or building entrances) except as noted on Standard Plan Sheet ED(1)- 03. Conduit bends and elbows shall be of adequate radius to be installed in a manner that allows the fiber optic cables to be installed without exceeding the bending and pulling requirements of the cables. All conduits to be installed that are not indicated in the plans to have cables installed in them shall have a locating cable (as per the fiber optic cable specification) and pull rope installed in them. No separate payment will be made for these items. Measurement This Item will be measured by the foot of conduit, per TxDOT Specification Payment The work performed and materials furnished in accordance with this Item and measured as provided under Measurement will be paid for at the unit price bid for Conduit of the type and size specified, per TxDOT Specification No differentiation in payment will be made for installation method (e.g. trenching or boring). TS-3 Ground Box Type A, B, C, D and E Ground Boxes shall be supplied and installed per TxDOT Standard Specification 624 and per TxDOT Standard Plan Sheet ED(3)-03 except as modified in the plans or these specifications. The 34 Round Ground Box and 4 x 4 Vault shall be manufactured by Oldcastle Precast as detailed in the plans and shall be supplied and installed per TxDOT Standard Specification 624 and per TxDOT Standard Plan Sheet ED(3)-03 except as modified in the plans or these specifications. The concrete apron may be omitted for these boxes. The lids of the boxes shall be imprinted with MESQUITE FIBER OPTICS. A ground rod shall be installed in each box per TxDOT Standard Plan Sheet ED(3)-03 and the locate wire(s) installed with the fiber optic cable and in empty conduits shall be connected to the ground rod. No separate payment will be made for the ground rod and clamp. Conduits shall be installed into the box in a manner that allows the cables to be installed in the conduits and coiled within the box without exceeding the bending and pulling requirements of the fiber optic cables. Cable hooks shall be installed on each wall of the box (3 hooks in the round boxes), sufficient to coil the indicated slack cable and keep it suspended off the floor of the box. 52

54 Replacement of existing boxes, where indicated, shall include removal of the existing box and installation of the new box. If removal and re-installation of existing cables in the box is required that necessitates taking a portion of a traffic signal or other equipment out of operation, two (2) working days notice shall be provided to the City Engineer before any outage and the contractor shall provide appropriate traffic control, including directing of traffic by a police office, if required. Removal of the existing box, pulling and reinstalling cables, modifying existing conduits and necessary traffic control shall be subsidiary to the ground box bid item. Measurement This Item will be measured as each ground box, complete in place. Payment The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for the type of Ground Box indicated. This price shall be full compensation for excavation; furnishing and placing all materials, apron, backfill, and all labor, tools, equipment, transportation, and incidentals. TS-4 Splice Enclosure TS-5 Traffic Control Notes/ADA-TAS Notes Traffic control note: contractor shall provide traffic control plan, at least 48 hours prior to any work in a city street. Traffic control measures shall conform to part VI of the Texas Manual on Uniform Traffic Control Devices and the City of Mesquite Work Zone Traffic Control Manual. Traffic control measures shall be installed for any work activity that takes place on or adjacent to any city street or roadway. The city engineer may require the traffic control plan to be designed and sealed by an engineer licensed in the state of Texas. Traffic control device note: contact traffic engineering division, , at least 48 hours prior to work requiring the removal or relocation of traffic signs, traffic control equipment or other traffic control appurtenances. Accessible pedestrian routes on public rights-of-way and private property shall comply with Americans with Disabilities Act accessibility guidelines (ADAAG) and Texas Accessibility Standards (TAS). Design and construction of all curb ramps on public rights-of-way shall be in accordance with Texas Department of Transportation standard detail ped-05, sheets 1 through 4. Design and construction of all sidewalks shall be in accordance with City of Mesquite standard details with passing areas having a minimum 5-foot by 5-foot size at intervals not exceeding 200 feet. Curb ramps that are part of accessible routes on private property may be constructed in accordance with TXDOT standard detail ped-05, sheets 1 through 4, or may be constructed in accordance with a design submitted and approved by the Texas Department of Licensing and Regulation. 53

55 A. Hourly Labor Rates BID RESPONSE FORM RATE AND PAYMENT SCHEDULE Title Normal Hours After Hours/ Emergency Unit Designated Supervisor P/ Hr Superintendent P/Hr Senior OSP Technician/Special Eqpt. Operator P/Hr Foreman P/Hr Fiber Splicing (Per Splice or Hour) P/Hr Laborer & Driver P/Hr Fiber Cable Observer/Guard P/Hr Small Emergency Restoration Crew P/Hr Typical U/G Emergency Restoration Crew P/Hr Locate person, truck, and locate equipment P/Hr B. Equipment and Service Rates Equipment Truck Splicing Normal Hours After Hours/ Emergency Unit P/Hr Truck - 1 Ton P/Hr Truck - 2 Ton P/Hr Backhoe Rubber Tired P/Hr Bucket Truck capable of reaching highest point P/Hr Trenching Machine P/Hr Water Pumping Service P/Hr Air compressor with Tools P/Hr Emergency Generator Storage and Deployment Service P/Hr Light Set (Mercury Vapor Unit) P/Hr 54

56 C. Miscellaneous Rates Description Cost to Clear a Locate Notification Ticket that Does Not Require in the Field Work Mark-Up on DIGTESS Invoices Mark-Up on Materials Supplied by Contractor Normal Hours Unit Per Ticket Cost % Above Actual Cost % Above Actual Cost D. Unit Pricing Item Description Measurement Unit Rate A Place MISD or City of Mesquite 1.5 HDPE DUCT LF B Place MISD 1.5 HDPE DUCT Shared Labor Cost LF C Place City of Mesquite 1.5 HDPE DUCT Shared Labor Cost LF D Place 2 HDPE DUCT LF E Directional Bore 1 4 HDPE at Highway Crossing LF F Directional Bore 1 6 HDPE at Railroad Crossing LF G Install Old Castle 28 x 48 Concrete MH-MISD EA H Install Old Castle 30 x 48 x 36 Quazite HH-Mesquite EA I Install Old Castle 4 x 4 x 4 Concrete Manhole EA J Install Groundbox TXDOT Type A EA K Furnish and Install Draka 144F Smode Cable MISD LF L Furnish and Install Corning 72F Cable City of Mesquite LF M Furnish and Install Corning 48F Cable Traffic LF N Furnish and Install Corning 12F Cable City of Mesquite LF O Furnish and Install Draka 12F Smode Cable MISD LF P Building Entry Tunnel under beam into crawl space EA Q Install 1.5 EMT Conduit and Boxes LF R Install 1.25 Plenum Rated Innerduct in Building LF S Support Ducts on Bline Support in crawl space LF T Building Core Entry Core 2 2 in Concrete Floor EA U Install 12F Rack Mount Termination Panel MISD EA V Install 144F Rack Mount Termination Panel MISD EA W Prep 12F Cable for Splicing at Panel MISD EA X Prep 144F Cable for Splicing at Panel MISD EA Y Terminate and Test Fiber at Panel per fiber MISD EA Z Furnish and Install OSP Splice Closure MISD EA AA Fusion Splice and Test FOC per fiber MISD EA AB Curb Route Markers, 3 x 3 EA AC Cable Route Markers, 3 x 6 EA 55

57 Unit Pricing Definitions A. PLACE MISD or City of Mesquite 1.5 HDPE DUCT-Trench/Directional Bore/Hand Dig Furnish and install HDPE SDR 11 with a minimum depth of 42" of cover from finished grade. This line item is inclusive of all work necessary to place this duct by any means such as directional bore, trench, hand dig, plow, etc. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. This item shall be billed in full to the appropriate owner. B. PLACE MISD 1.5 HDPE DUCT- Shared Cost Trench/Directional Bore/Hand Dig Furnish and install HDPE SDR 11 with a minimum depth of 42" of cover from finished grade. This line item is inclusive of all work necessary to place this duct by any means such as directional bore, trench, hand dig, plow, etc. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes a shared labor cost between MISD and the City of Mesquite whereas 50% of labor required for directional bore, trench, hand dig, plow, etc. shall be billed to MISD and 50% of this labor shall be billed to the City of Mesquite. This item also includes materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. Materials shall be separated out to the appropriate owner and billed accordingly. C. PLACE City of Mesquite 1.5 HDPE DUCT- Shared Cost Trench/Directional Bore/Hand Dig Furnish and install HDPE SDR 11 with a minimum depth of 42" of cover from finished grade. This line item is inclusive of all work necessary to place this duct by any means such as directional bore, trench, hand dig, plow, etc. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole 56

58 to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes a shared labor cost between MISD and the City of Mesquite whereas 50% of labor required for directional bore, trench, hand dig, plow, etc shall be billed to MISD and 50% of this labor shall be billed to the City of Mesquite. This item also includes materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. Materials shall be separated out to the appropriate owner and billed accordingly. D. PLACE 2 HDPE DUCT-Trench/Directional Bore/Hand Dig Furnish and install additional 2 HDPE SDR 11 with a minimum depth of 42" of cover from finished grade. This line item is inclusive of all additional work necessary to place this duct by any means such as directional bore, trench, hand dig, plow, etc. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. E. PLACE 4 HDPE DUCT at Highway Crossing- Directional Bore Furnish and install additional 4 HDPE SDR 11 with a minimum depth of cover from finished grade as required by the appropriate authority as to meet all applicable codes. This line item is inclusive of all additional work necessary to place this duct by directional bore. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. F. PLACE City of Mesquite 6 HDPE DUCT at Railroad Crossing- Directional Bore Furnish and install additional 6 HDPE SDR 11 with a minimum depth of cover from finished grade as directed by the appropriate authority as to meet all applicable codes. This line item is inclusive of all additional work necessary to place this duct by directional bore. Backfill and restore the area to as good as or better than original condition or as required by the governing agency. This unit rate will include all traffic control, potholing, compaction tests, asphalt/concrete sawing 57

59 and replacement, rock cutting, additional depth that is required, importing/exporting of material and all associated surface restoration. This item is measured from outer edge of handhole/manhole to the outer edge of the next handhole/manhole. This unit rate will include proofing and plugging conduits, entrance and receiving pits required, and all associated surface restoration. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. G. MANHOLE INSTALLATION- All Surfaces Paved or unpaved Place 36 x 48 Old Castle Concrete manhole with Floor and Heavy Duty Ring and Cover(1420/1480) This unit includes all traffic control, pot holing to verify the suitability of the location for placement, digging to the required depth and placing 6 of gravel rock bed placement, placement of manhole, proper backfill and compaction, setting to grade, termination of conduit, installing plugs on conduit, and restoration of the surface or pavement to original or better condition. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. The material list for a single manhole shall include but is not limited to the following; 1) FO Manhole 36 Dia X 48 with thin wall knockouts and inserts. 2) 48 Diax05 Splice Ext. Floor 3) 1420/1480 MISD Fiber frames and covers, bolt down covers. 4) 18 Hole SW Bell rack. 5) 7-1/2 Cable Hook 10A36. H. HANDHOLE INSTALLATION- All Surfaces Paved or unpaved Place 30 x 48x36 Polymer Concrete Handhole - Quazite Part # PG3048BA36 This unit includes all traffic control, pot holing to verify the suitability of the location for placement, digging to the required depth and placing 6 of gravel rock bed placement, placement of manhole, proper backfill and compaction, setting to grade, termination of conduit, installing plugs on conduit, and restoration of the surface or pavement to original or better condition. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. I. MANHOLE INSTALLATION- All Surfaces Paved or unpaved Place 4 x 4 x 4 Concrete manhole- Old Castle part #47925 This unit includes all traffic control, pot holing to verify the suitability of the location for placement, digging to the required depth and placing 6 of gravel rock bed placement, placement of manhole, proper backfill and compaction, setting to grade, termination of conduit, installing plugs on conduit, and restoration of the 58

60 surface or pavement to original or better condition. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. J. GROUND BOX INSTALLATION Place TXDOT type A Ground Box Part # ED (3) 03 & ED (13) - 03 This unit includes all traffic control, pot holing to verify the suitability of the location for placement, digging to the required depth and placing 6 of gravel rock bed placement, placement of manhole, proper backfill and compaction, setting to grade, termination of conduit, installing plugs on conduit, and restoration of the surface or pavement to original or better condition. This item includes all labor and materials required to complete the work in accordance with the Specifications noted in this RFP and the MISD Construction Specification document. K. INSTALL 144F Single Mode Armored Fiber Draka Comteq - MISD Part # F-ETH-1A1J-12-BB-144-B3 This unit includes furnishing 144F cable, pulling the fiber optic cable with the required 600lb. break away swivel, and required traffic control. A 100 ft slack coil will be placed in designated manholes/handholes and securely racked. Once the cable is in place, identification tags and plugging of all inner-ducts is required. This unit rate also includes cable lubricant, rollers, etc. and all work required in placing the cable in accordance to MISD specifications. Measurement is based on fiber feet. There will be NO splices in the fiber installed in the backbone except at reel ends. Final payment of this item will be paid after the fiber is spliced and tested to prove no damage has occurred during placement. One continuous cable is required unless under written directive by MISD Project Manager. All pulling wheel diameters shall be a minimum of 40 times the diameter of the cable being placed L. INSTALL 72F Single Mode Armored Fiber Corning City of Mesquite Part # SEE TECHNICAL SPECIFICATIONS CITY OF MESQUITE FIBER OPTIC INTERCONNECT OR BID RESPONSE FORM RATE AND PAYMENT SCHEDULE PRICING SECTION D This unit includes furnishing 72F cable, pulling the fiber optic cable with the required 600lb. break away swivel, and required traffic control. A 100 ft slack coil, unless specified otherwise on the plans, will be placed in designated manholes/handholes and securely racked. Once the cable is in place, identification tags and plugging of all inner-ducts is required. This unit rate also includes cable lubricant, rollers, etc. and all work required in placing the cable in accordance to MISD specifications. Measurement is based on fiber feet. There will be NO splices in the fiber installed in the backbone except at reel ends. Final payment of this item will be paid after the fiber is spliced and tested to prove no damage has occurred during placement. One continuous cable is required unless under written directive by MISD Project Manager. All pulling wheel diameters shall be a minimum of 40 times the diameter of the cable being placed. 59

61 M. INSTALL 48F Single Mode Armored Fiber Corning City of Mesquite Part # SEE TECHNICAL SPECIFICATIONS CITY OF MESQUITE FIBER OPTIC INTERCONNECT This unit includes furnishing 48F cable, pulling the fiber optic cable with the required 600lb. break away swivel, and required traffic control. A 100 ft slack coil, unless specified otherwise on the plans, will be placed in designated manholes/handholes and securely racked. Once the cable is in place, identification tags and plugging of all inner-ducts is required. This unit rate also includes cable lubricant, rollers, etc. and all work required in placing the cable in accordance to MISD specifications. Measurement is based on fiber feet. There will be NO splices in the fiber installed in the backbone except at reel ends. Final payment of this item will be paid after the fiber is spliced and tested to prove no damage has occurred during placement. One continuous cable is required unless under written directive by MISD Project Manager. All pulling wheel diameters shall be a minimum of 40 times the diameter of the cable being placed. N. INSTALL 12F Single Mode Armored Fiber- Corning City of Mesquite Part # SEE TECHNICAL SPECIFICATIONS CITY OF MESQUITE FIBER OPTIC INTERCONNECT This unit includes furnishing 12F cable, pulling the fiber optic cable with the required 600lb. break away swivel, and required traffic control. A 100 ft slack coil will be placed in designated manholes/handholes and securely racked. Once the cable is in place, identification tags and plugging of all inner-ducts is required. This unit rate also includes cable lubricant, rollers, etc. and all work required in placing the cable in accordance to MISD specifications. Measurement is based on fiber feet. O. INSTALL 12F Single Mode Armored Fiber- Draka Comteq - MISD Part # F-ETH-1A1J-12-BB-012-B3 This unit includes furnishing 12F cable, pulling the fiber optic cable with the required 600lb. break away swivel, and required traffic control. A 100 ft slack coil will be placed in designated manholes/handholes and securely racked. Once the cable is in place, identification tags and plugging of all inner-ducts is required. This unit rate also includes cable lubricant, rollers, etc. and all work required in placing the cable in accordance to MISD specifications. Measurement is based on fiber feet. P. BUILDING ENTRY This unit includes all labor and material necessary to place up to 1-4 conduits into a building, excavation, core bore, link seal (or Equivalent), pipe, and any necessary grouting and plugging. Q. EMT PLACEMENT This unit includes all necessary work to place 1 1 ½ EMT in a building, parking garage and riser shafts and all associated material such as 12 x12 x 24 pull boxes, 12 x12 x36 corner turn boxes. It includes all labor and material. 60

62 R. FURNISH AND INSTALL PLENUM RATED INNERDUCT This unit includes all necessary work to place one 1 1/4 Plenum Rated Innerduct in a building, parking garage and riser shafts and all associated material. It includes all labor and material, wall cores, placing of innerduct and plugging. S. INSTALL DUCT IN CRAWLSPACE This unit includes all necessary work to install 2 1 ½ duct in a crawlspace and all associated material such as Bline Support products and anchors. It includes all labor and material. T. BUILDING ENTRY CORE CONCRETE FLOOR This unit includes all labor and material necessary to core 2-2 hole in the concete floor. It includes all labor and material, excavation, seal, pipe, and any necessary grouting and plugging. U. FURNISH AND INSTALL 12F Fiber Termination Panel-Rack mount Draka Comteq Part# OG-BB X M This unit includes all necessary materials and labor to install 12F Rack mount Term panel equipped with pre-connectorized pigtail and SC angled connectors and includes mounting hardware and labeling. MISD shall provide and install a standard EIA 19 rack at the building termination points. V. FURNISH AND INSTALL 144F Fiber Termination Panel-Rack mount Draka Comteq Part# OG-BB X M This unit includes all necessary materials and labor to install 144F Rack mount Term panel equipped with pre-connectorized pigtail and SC angled connectors and includes mounting hardware and labeling. MISD shall provide and install a standard EIA 19 rack at the building termination point. W. PREP 12F Cable for Termination Panel-Rack mount This unit includes all necessary materials and labor to prepare 12 fiber cable for splicing in rack mount panel. Includes fan out kit and all consumables. X. PREP 144F Cable for Termination Panel-Rack Mount This unit includes all necessary materials and labor to prepare 96 fiber cable for splicing in rack mount panel. Includes fan out kit and all consumables. Y. TERMINATE and TEST Fiber-per fiber This unit includes all necessary materials and labor to install and test SC connector including consumables. Includes end-to end electronic test results. Z. FURNISH AND INSTALL OUTSIDE SPLICE CLOSURE TYCO ELECTRONICS Part# FOSC450-BS NOV This unit includes all necessary materials and labor to install 144 fiber splice closure. This unit shall be installed per manufactures recommendations. Unit includes 1 splice tray. 61

63 AA. FUSION SPLICE AND TEST FIBER This unit includes all necessary materials and labor to fusion splice and test FOCper fiber in the field. Includes end-to end electronic test results. AB. CURB ROUTE MARKERS ACP International Part# CC-3 This unit shall include all material and labor necessary to install 3 diameter curb markers at strategic locations along the route. As a minimum these markers shall be placed at the midway point between all manholes and splice points. Writing on the markers shall be pre-approved by MISD. AC. CABLE ROUTE MARKERS ACP International Part# PD-6 This unit shall include all material and labor necessary to install 6 foot hdpe white post with orange top cap and custom printed black on orange decal applied at strategic locations along the route. As a minimum these markers shall be placed at the midway point between all manholes and splice points at locations where curb markers are not practical. Writing on the markers shall be pre-approved by MISD. 62

64 CITY OF MESQUITE UTILITY PERMIT REQUIREMENTS 63

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66 City of Mesquite Engineering Division Utility Right-of-Way/Easement Use & Construction Permit Conditions and Restrictions August 1, 2012 This permit is issued in accordance with the Mesquite City Code, Chapter 15, Article III and the applicable franchise agreement between the utility franchise requesting the permit and the City of Mesquite and other applicable Federal, State and City laws, regulations and ordinances. Design and Location of Facilities: Generally, franchised utility cables, guys, poles, conduit, etc. shall be placed as close to the R.O.W. line as practicable. See attached detail sheets titled Typical Utility Location Plan for standard utility locations. Please consult the City Public Works Construction Inspector for the location where above ground guys, poles, etc. shall be placed. Cable or Facility Burial Depth: All Conductor burial depths shall be in compliance with the National Electrical Safety Code, Section 353.D (published by the Institute of Electrical and Electronics Engineers, Inc. (IEEE) and approved by the American National Standards Institute (ANSI)). Minimum depth for voltages 0 to 600 volts is 24-inches below bottom of edge of pavement for streets with curb and gutter or below roadway ditch flowline grade for streets without curb and gutter. Visibility Obstructions: No facility shall be designed or installed where it causes a sight visibility obstruction or view obstruction. Please consult Mesquite City Code, Chapter 9, Article X (sections to 9-308) for requirements and details. Accessible Routes: Obstructions or protrusions of utility poles, guy lines, pedestals, cabinets or other utility facilities over a sidewalk, ramp, trail or other transportation facility so as to hinder or prevent full use of the facility or impede full access are prohibited. Franchised Utility Signage and Markers: All franchised utility signage and markers shall be of the flexible vertical fiberglass Carsonite type and no taller than 48-inches above grade (see or stickers & plaques placed on existing facilities such as poles, pedestals and cabinets or placement marker buttons on curbs, sidewalks or pavement. Generally, separate signage is discouraged. Signage shall be flexible so that it does not present a danger to pedestrians, bicyclists and motorists if the signage is impacted at speed. Metal poles and signs are prohibited. The City will require removal of prohibited, damaged or dilapidated existing signage within 300-feet of proposed construction. 65

67 Bollards: Use of bollards in City right-of-way is prohibited. Bollards present a danger to motorists, bicyclists and other users of the ROW and easements. If a facility is in danger of being hit by a motorist it should be relocated to a safer location rather than be protected by bollards. In addition, the City will require removal of existing bollards within 300-feet of proposed construction. Construction Traffic Control, Barricading and Signing: The utility company and their contractors and subcontractors are responsible for design and implementation of a plan during construction and maintenance operations for traffic control, barricading and signage that shall as a minimum meet the requirements of the current "Texas Manual of Uniform Traffic Control Devices" (Mesquite City Code Sections and ) and the City of Mesquite Work Zone Traffic Control Guidelines (Mesquite City Code Sections 9-86). No alley or street shall be closed without 48 hours notice to the assigned Public Works Construction Inspector. The City Public Works Construction Inspector will periodically review the project barricading and notify the utility supervisor/foreman of any deficiency observed. Trench Safety, Confined Space and other Safety Issues: All OSHA guidelines must be followed including but not limited to trench safety, confined space entry, personal protective equipment and traffic control. The franchised utility company and subcontractor (if any) are responsible for design and implementation of a plan to ensure trench safety that, as a minimum shall meet the requirements of OSHA Standards and Interpretations, Part 1926, Subpart P - Excavations, Trenching, Shoring and any other applicable Federal, State and City laws, regulations and ordinances. Trench safety plans shall be sealed by a Professional Engineer. The franchised utility company and his subcontractor (if any) are responsible for making a soil classification for trench safety design purposes. If the franchised utility does not make a determination of soil type, all inspection shall be based on the worst case soil type (Type C). The franchised utility company and his subcontractor (if any) shall also designate a "competent person", as defined by OSHA trench safety regulations, to make at least a daily trench safety inspection. Facility Locates Notification Prior to Digging: The utility company and their contractors and subcontractors are responsible for notifying DIG TESS for utility locates 48-hours before commencing digging. In addition, the utility company and their contractors and subcontractors are responsible for notifying the City of Mesquite Water Utilities Dispatch office for locations of water and sanitary sewer mains and notification of the Traffic Superintendent for location of traffic signal conduits and conductors a minimum of 48-hours before commencing digging. See City of Mesquite Contact List for phone numbers and other contact information. 66

68 Pavement Cuts: No pavement shall be cut or repaired without prior notification and inspection by the assigned Public Works Construction Inspector. All pavement cuts shall be backfilled to bottom of replacement pavement with recycled crushed concrete flexible base (per TXDOT Item 247, Grade 1, Type D) to prevent future settlement. All backfill shall be compacted to 95% standard proctor. Pavement cuts on pavement less than 5-years old shall replace the entire panel or as required by the City Public Works Construction Inspector. Details for repair of pavement cuts are available from the City Engineering Division Website at: Noise and Allowable Working Hours: Noise from construction and allowable working hours are regulated by Sections to of the Mesquite City Code. Allowable working hours are between 7:00 am and 10:00 p.m., Monday through Saturday. No work is allowed on Sunday without specific written permission of the City Engineer. Please consult the City Public Works Construction Inspector with any questions on these issues. Construction Inspection: The City Public Works Construction Inspector should be notified prior to any trench backfilling or pavement repair within a City R.O.W. or easement so that a proper inspection can be made. If City inspection is required outside normal working hours the franchised utility and his subcontractor will be responsible for paying the City Construction Inspector's overtime wage plus benefits. The City Construction Public Works Inspector will be happy to answer any questions concerning current City standards and requirements. See permit or attached area map to determine responsible inspector. Restoration of Property: Per the Mesquite City Code, any public or private property or paving disturbed by the franchised utility and his subcontractor (if any) shall be restored to a condition as good or better than what existed prior to construction. This includes replacing disturbed or damaged sod in parkways or alleys, repair of irrigation systems and replacement of damaged pavement. Emergency Work (Permit Required within Two Working Days): Per the Mesquite City Code, emergency work can proceed as needed to maintain & restore existing service to customers on the condition that a permit shall be obtained from the City within two (2) working days after the start of the emergency work. 67

69 2nd Saw Cut (See Note 2) #4 Bars at 18" on Center Each Way 12" 1st Saw Cut (See Note 2) Match Existing Surface Treatment If Surface is HMAC, 2" Thick HMAC Overlay Required 4,000 psi, 6 Sack Concrete Cap 2nd Saw Cut Must Have Clean Straight Edge (varies) 12" Match Existing 12" Min. Warning Tape 24-inch Deformed Dowels at 18-inch Centers with Approved Epoxy Adhesive. For Pavement 8-inch Thick or less, Use #8 Deformed Dowel; For Pavement Greater Than 8-inch Thick Use #12 Deformed Dowel. Embedment and Backfill Shall be Crushed Concrete Flexible Base (TxDOT Item 247, Grade 1, Type D) Compacted to 95% Standard Proctor Density. Utility Conduit, Cable or Main Notes: 1. Pavement Cuts Shall be Full Depth Saw Cuts. 2. Make 1st Saw Cut when Opening Pavement to Begin Conduit Installation. Make 2nd Cut after Conduit Installation and Backfill and Preparing to Replace Pavement. 3. Where Existing Pavement is HMAC, Replace with 12-inch Thick Minimum Concrete with 2-inch Thick HMAC Overlay Public Works FRANCHISE UTILITY PAVEMENT CUT REPLACEMENT DETAIL 68 SCALE - N.T.S. GENERAL DESIGN STANDARDS FRANCHISE UTILITIES APPROVAL DATE: L DRAWN BY: NCJ SHEET: F-1

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