INVITATION TO BID FOR FC-7314 ANNUAL CONTRACT FOR SMALL WATER METER INSTALLATIONS

Transcription

1 INVITATION TO BID FOR FC-7314 ANNUAL CONTRACT FOR SMALL WATER METER INSTALLATIONS City of Atlanta Jo Ann J. Macrina, PE Commissioner Department of Watershed Management Adam L. Smith, Esq., CPPO, CPPB, CPPM, CPP Chief Procurement Officer Department of Procurement

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4 Table of Contents - 1 FC-7314, Annual Contract For Small Water Meter Installations FC-7314, Annual Contract for Small Water Meter Installations TABLE OF CONTENTS PART I - INSTRUCTIONS TO BIDDERS 1. Solicitation/Not an Offer 1 2. Receipt and Opening of Bids 1 3. Preparation of Bids 2 4. Georgia Utility Contractor s License 2 5. How to Submit Bids 3 6. Execution of Bidding Documents 3 7. Failure to Bid 4 8. Errors in Bids 4 9. Disqualification of Bidders Rejection of Bids Failure to Perform Bid Schedule Bid Guarantee Statement of Bidders Qualifications Affidavit Equal Business Opportunity Program Authorization to Transact Business Business Non-Discrimination Policy Equal Employment Opportunity in Purchasing and Contracting Contract Employment Report First Source Jobs Policy Employment Agreement Bid Form; Bid Data; Checklist Wage Rates of City of Atlanta Funded Construction Projects Pre-Bid Inspection Addenda and Interpretations Pre-Bid Conference Time for Receiving Bids Bid Modification and Withdrawal Bid Evaluation Award Criteria Surety Bonds Power of Attorney Insurance Requirements Laws and Regulations Agreement Terms Liquidated Damages Execution of Agreement 14 TOC-1

5 Table of Contents - 1 FC-7314, Annual Contract For Small Water Meter Installations 38. Pre-Construction Conference Substitutions Illegal Immigration Reform and Enforcement Act 16 PART II ANNUAL CONSTRUCTION SERVICES AGREEMENT Construction Services Agreement Exhibit A-General Scope of Work Exhibit A.1- Compensation Terms and Fee Schedule Exhibit A.2- Work Order Form Exhibit B- Legislation Exhibit C- Supplemental Conditions and Technical Specifications Exhibit D- Additional Contract Documents Appendix A- Office of Contract Compliance Appendix B- Insurance and Bonding Requirements TOC-2

6 PART I INSTRUCTIONS TO BIDDERS

7 Annual Contract for Small Water Meter Installations Instructions to Bidders FC- 7314, ANNUAL CONTRACT FOR SMALL WATER METER INSTALLATIONS INSTRUCTIONS TO BIDDERS 1. SOLICITATION/NOT AN OFFER This solicitation does not constitute an offer by the City of Atlanta (the City ) to enter into an agreement and is not an offer that can be accepted by the Bidder to form an agreement. No language contained anywhere in this solicitation should be construed or interpreted to convey an offer to enter into agreement with the City. The terms of this solicitation are to be considered as a whole. However, no terms may be considered in whole or in part to constitute an offer to enter into an agreement with the City. This solicitation is only an invitation for offers from interested Bidders and no offer shall bind the City. This solicitation is an invitation for the Bidder to make an offer to the City in the form of a Bid. No offer made in response to the terms and conditions of this solicitation may include any terms and conditions which can bind the City to any contractual Agreement until such time as the Agreement has first been awarded by the City to the most responsible and responsive bidder whose bid meets the material requirements and criteria set forth in the solicitation and is accepted and fully executed and sealed by agents of the City designated on the signature page of the Agreement included in the solicitation. The term of your offer must conform to all applicable federal and local laws, including all ordinances of the City and all requirements of the solicitation. YOUR OFFER IS A FIRM OFFER AND MAY NOT BE WITHDRAWN EXCEPT AS AUTHORIZED IN THE CODE OF ORDINANCES OF THE CITY OF ATLANTA. Your response to this solicitation is a firm offer, which the City may accept or reject in whole or in part without any further action on your part. The acceptance of your offer by the City will form an Agreement, which is enforceable against you. Your offer may not be withdrawn except under the terms and conditions specified in the Procurement and Real Estate Code of the City of Atlanta as codified in Part 5, Chapter 5 of the Code of Ordinances of the City of Atlanta or OCGA RECEIPT AND OPENING OF BIDS Sealed Bids for the construction of FC-7314, ANNUAL CONTRACT FOR SMALL WATER METER INSTALLATIONS will be received by designated staff of the Department of Procurement, Suite 1900, City Hall South, 55 Trinity Avenue, S.W., Atlanta, Georgia 30303, no later than 2:00 P.M., EDT, (as verified by the Bureau of National Standards), on Friday, May 16,

8 Annual Contract for Small Water Meter Installations Instructions to Bidders ABSOLUTELY NO BID WILL BE ACCEPTED AFTER 2:00 P.M. EDT All Bids received by the time and date established above will be opened and publicly read. 3. PREPARATION OF BIDS All Bids must be submitted on bid document forms supplied by the City and shall be subject to all requirements of the Agreement Documents. All Bids must be regular in every respect and no interlineations, excisions, or special conditions shall be made or included in the Bid by the Bidder. Lump sum, unit price, and extensions of unit prices must be entered in the appropriate spaces provided on the Bid Schedule/Bid Form. Unit prices shall include an appropriate allocation of overhead and other indirect costs so that the summation of unit price extensions and lump sum items represents the total bid amount. In the case of any Bid item for which a fixed amount predetermined by the City has already been entered on the Bid Schedule, the amount so entered shall be conclusive of all Bidders as the price for such item, and shall not be revised unless the City directs a change in the Scope of Work affecting the item to which such amount relates. The City may consider as irregular any conditional bid or any Bid on which there is an alteration of, or departure from, the Bid Schedule hereto attached and at its option may reject the same. Erasures or other changes in the Bids must be explained or noted over the signature of the Bidder. Failure to do so shall render the Bidder as non-responsive and cause rejection of the Bid. Failure to execute the Bid Schedule/Bid Form documents may render the Bidder as nonresponsive and cause rejection of the Bid. 4. GEORGIA UTILITY CONTRACTOR S LICENSE (REQUIRED SUBMITTAL) The Bidder shall provide a Bidder s Georgia Utility Contractor s License Number on the outside of the Sealed Envelope. A utility Contractor s license number held by a Subcontractor or issued by another state does NOT fulfill this requirement in lieu of the Bidder s Georgia Utility Contractor s License. Failure to provide the Bidder s Georgia Utility Contractor s License Number on the outside of the sealed envelope will result in a rejection of the Bid at the Opening. The Bidder is required to submit the certificate included in Exhibit B. 2

9 Annual Contract for Small Water Meter Installations Instructions to Bidders 5. HOW TO SUBMIT BIDS The Bid and required submittals, including the Bid Schedule, the Bid Documentation, the Bid Form, the acknowledgment of each Addendum, the Bid Bond Guarantee, the Power of Attorney for the attorney-in-fact signing the Bid Guarantee, the Affidavit, Office of Contract Compliance forms/certificates, and other documents as required in these Agreement documents may be photocopied for submission of Bids. Submit the original and six (6) copies of the Bid and required attachments. The complete package of Bid documents shall be enclosed in envelopes (outer and inner), both of which shall be sealed and clearly labeled with the project name and numbers, name of Bidder and date and time of bid opening in order to guard against premature opening of the Bid. Bids must be addressed to: Adam L. Smith, Esq., CPPO, CPPB, CPPM, CPP Chief Procurement Officer Department of Procurement 55 Trinity Avenue, Suite 1900 Atlanta, GA EXECUTION OF BIDDING DOCUMENTS Bidders shall submit their Bids, together with the bid guarantee and all forms which the Bidder is required to sign, executed in the appropriate manner as set forth below: a. If the Bidder is a corporation, all documents requiring execution by the Bidder shall be signed by the president or vice-president of the corporation, whose signature shall be attested by the secretary or assistant secretary of the corporation and the corporate seal affixed. b. If the Bidder is an individual, he or she shall sign the documents and his or her signature shall be notarized by a notary public. c. If the Bidder is an individual doing business under a trade name, all documents shall be signed by the Bidder whose signature shall be followed by either, "doing business as," or "trading as," followed by the trade name of the Bidder's business, and notarized by a notary public. d. If the Bidder is a partnership, all forms shall be executed by placing the name of the partnership followed by "By: (the name of the partner executing)" followed by the word "Partner," and notarized by a notary public. 3

10 Annual Contract for Small Water Meter Installations Instructions to Bidders e. If the Bidder is a joint venture, each party to the joint venture shall execute the Bidding Documents in the manner set forth in items a, b, c, or d of this article of the Instructions to Bidders as appropriate for this type of organization. If the Bidder is a Joint Venture, all other documents in the Bidding Documents shall be executed by one of the parties to the joint venture, as provided by Article 4 of the Joint Venture Statement, in the same manner as the executed said Joint Venture Statement. 7. FAILURE TO BID Your failure to respond to this Invitation to Bid may result in the removal of your company from the City s Bid list. 8. ERRORS IN BIDS Bidders and their authorized representatives are expected to fully familiarize themselves with the conditions, requirements, and Specifications before submitting Bid. Failure to do so will be at the Bidder's own risk. In case of error in extension or prices in the Bid, the unit prices(s) shall govern. 9. DISQUALIFICATION OF BIDDERS Any of the following may be considered as sufficient for disqualification of a Bidder and the rejection of the Bid: a. Submission of more than one Bid for the same work by an individual, firm, partnership or Corporation under the same or different name(s); b. Evidence of collusion among Bidders; c. Previous participation in collusive bidding on Work for the City; d. Submission of an unbalanced Bid, in which the prices quoted for same items are out of proportion to the prices for other items; e. Lack of competency of Bidder (the Agreement will be awarded only to a Bidder(s) rated as capable of performing the Work; the City may declare any Bidder ineligible at any time during the process of receiving Bids or awarding the Agreement where developments arise which, in the opinion, the City adversely affect the Bidder s responsibility; however, the Bidder will be given an opportunity by the City to present additional evidence before final action is taken; f. Lack of responsibility as shown by past Work judged from the standpoint of workmanship and progress; financial irresponsibility, including but not limited to, leaving retainage in City account; 4

11 Annual Contract for Small Water Meter Installations Instructions to Bidders g. Uncompleted Work for which the Bidder is committed by Agreement, which in the judgment of the City, might hinder or prevent the prompt completion of Work under this Agreement if awarded to such Bidder; and h. Being in arrears on any existing or prior contracts with the City or in litigation with the City thereon or having defaulted on a previous contract with the City. 10. REJECTION OF BIDS Bids may be considered irregular and may be rejected if they show omissions, alterations of forms, addition not called for, conditions limitations, unauthorized alternate Bids or other irregularities of any kind. The City reserves the right to waive any informalities or irregularities of Bids. 11. FAILURE TO PERFORM If for any reason the Contractor fails to perform any of the Work required by the Specifications, or if the Work performed is not as specified, the City reserves the absolute right to have such Work performed by other persons and deduct the cost thereof from the Bid price of the company under Agreement. 12. BID SCHEDULE (REQUIRED SUBMITTAL) Unit prices shall include an appropriate allocation of overhead, other indirect costs and profits so that the summation of unit price extensions and lump sum items represents the total Bid amount. In the case of any Bid item for which a fixed amount predetermined by the City has already been entered on the Bid Schedule, the amount so entered shall be conclusive of all Bidders as the price for such item, and shall not be revised unless the City directs a change in the Scope of the Work affecting the item to which such amounts relates. Award will be based on the total fixed unit cost for all items aggregated. 13. BID GUARANTEE (REQUIRED SUBMITTAL) Bidders are required to furnish a Bid Guarantee in the amount of five percent (5%) of the total Bid amount. Bidders offering alternative Bids shall provide a guaranty for the largest total Bid amount. At the option of the Bidder, the guaranty may be a certified check payable to the order of the City or a bid bond in the form attached. The bid bond shall be secured by a guaranty or a surety company listed in the latest issue of U.S. Treasury Circular 570. The amount of such bid bond shall be within the maximum amount specified for such company in Circular 570. No Bid shall be considered unless it is accompanied by the required guaranty. Bid Guarantee shall insure the execution of the Agreement and the furnishing of the performance and payment bonds and insurance by the successful Bidder as required by the Agreement Documents. The Bid Guarantee of the Bidders submitting the five (5) lowest total Bid amounts for the Agreement will be retained either until the successful Bidder has signed the Agreement and furnished performance and payment bonds and certificates of insurance, or until the ninetieth (90th) calendar day after the Bid opening date, whichever is 5

12 Annual Contract for Small Water Meter Installations Instructions to Bidders sooner. Other Bid Guarantees will be returned within ten (10) calendar days after the Bid opening date. Bid Guarantees being held pending the signing of the Agreement and furnishing other documents will be returned within three (3) calendar days thereafter. Each Bidder agrees that if it is awarded the Agreement and fails within the time stipulated to execute the Agreement and to furnish the other documents required, the City will retain the Bid Guarantee as liquidated damages and not as a penalty. Attorneys-in-fact who sign bid bonds must file with the bond a certified and effectively dated copy of their power of attorney. 14. STATEMENT OF BIDDER'S QUALIFICATIONS (REQUIRED SUBMITTAL) The statement of Bidder's Qualifications must be filled out completely, signed by the Bidder, and notarized. The City shall have the right to require such additional information, as it deems necessary to evaluate the ability of the Bidder to successfully perform the Work. The City reserves the right to reject any Bidder who does not satisfy the City as to his ability to successfully perform the Work, previous pre-qualification notwithstanding. The cause for rejection shall include: a. Non-compliance of the Bidder with the requirements of an equal employment opportunity in contracting program as may be prescribed by ordinance; b. Non-compliance by the Bidder with the requirements of a minority and female business enterprise participation program as may be prescribed; c. Inadequate quality, availability and adaptability of the supplies or services to the particular use required; or d. Unacceptable number and scope of conditions attached to the Bid by the Bidder, if any. 15. AFFIDAVIT (REQUIRED SUBMITTAL) The affidavit must be filled in completely, signed by the Bidder, and notarized. Violation of the statements set forth in this affidavit may be grounds for rejection of Bid, or termination of Agreement by the City, as appropriate, as well as other appropriate remedies as provided by local, state, and federal statutes. Along with the bid submittal, bidders shall submit all required affidavits to the City in compliance with the Georgia Security and Immigration Compliance Act of Please note that an affidavit is required for the Contractor and for each subcontractor as shown in Appendix E. 6

13 Annual Contract for Small Water Meter Installations Instructions to Bidders 16. EQUAL BUSINESS OPPORTUNITY PROGRAM (REQUIRED SUBMITTAL) The Bidder shall complete the Equal Business Opportunity ( EBO ) Program documents in accordance with the instructions included in Appendix A, Requirements of the Office of Contract Compliance and shall properly execute the documents. A determination by the City that misstatements have been made by the Bidder in this document shall cause rejection of Bid or termination of Agreement, as appropriate and shall be grounds for other remedies available under City ordinances, and state or federal statutes. 17. AUTHORIZATION TO TRANSACT BUSINESS (REQUIRED SUBMITTAL) If the Contractor is a corporation or corporations combined to form a joint venture, the corporation or members of the joint venture team, prior to Agreement execution, must submit documentary evidence from the Secretary of State that the corporation is in good standing and that the corporation is authorized to transact business in the State of Georgia. 18. BUSINESS NON-DISCRIMINATION POLICY The City prefers to do business with firms or institutions that include representation of minorities and women at all levels. 19. EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) IN PURCHASING AND CONTRACTING To be eligible for award of this Agreement, the Bidder must certify and fully comply with the requirements, terms, and conditions of the section on EEO. 20. CONTRACT EMPLOYMENT REPORT Upon award of an Agreement with the City, the successful Bidder must submit a Contract Employment Report ( CER ) and supplemental information as required to comply with the paragraph, Monitoring of EEO Policy, Requirements of the Office of Contract Compliance. 21. FIRST SOURCE JOBS POLICY EMPLOYMENT AGREEMENT (REQUIRED SUBMITTAL LOCATED IN APPENDIX A) The Bidder shall acknowledge and implement the First Source Jobs Policy. 22. BID FORM; BID DATA; CHECKLIST (REQUIRED SUBMITTALS) The Bidder must complete and execute these sections of the Bidding documents. 23. WAGE RATES OF CITY OF ATLANTA FUNDED CONSTRUCTION PROJECTS 7

14 Annual Contract for Small Water Meter Installations Instructions to Bidders (INTENTIONALLY OMITTED) 24. PRE-BID INSPECTION Prior to submission of a Bid, the Bidder shall have made a thorough examination of the Work Site. The Bidder shall become informed as to the nature of the proposed construction, the kind of facilities required to carry out the construction, labor conditions, and all other matters that may affect the cost and time of completion of the Work upon which it bids. The Bidder shall make itself familiar with all of the Agreement documents and other instructions before submitting its Bid, in order that no misunderstanding shall exist in regard to the nature and character of the Work to be done. No allowance shall be made for any claims that the Bid is based on incomplete information as to the nature and character of the site or the Work involved. The Contractor, by execution of the Agreement, shall in no way be relieved of any obligation under it due to its failure to receive or examine any form or legal instrument or to visit the site and acquaint itself with the conditions there existing, and the City shall be justified in rejecting any claims based on facts regarding that which the Contractor should have known as a result thereof. 25. ADDENDA AND INTERPRETATIONS All questions by prospective Bidders as to the interpretations of the Bidding Documents must be submitted in writing to: Lloyd A. Richardson, Contracting Officer, City of Atlanta, Department of Procurement, 55 Trinity Avenue, S.W. Suite 1900, Atlanta, Georgia 30303, or faxed to (404) or ed to [email protected], and must be received by 2:00 P.M. EDT on Friday, May 2, Every interpretation made to a Bidder will be in the form of an addendum to the Bidding Documents, and when issued, will be on file in the Department of Procurement. In addition, all addenda will be mailed to each person holding Bidding Documents, but it shall be the Bidder's responsibility to make inquiry as to the addenda issued. All such addenda shall become part of the Agreement and all Bidders shall be bound by such addenda, whether or not received by the Bidders. The City shall not be bound by any information, explanation, clarification, or any interpretation, oral or written, by whomsoever made, that is not incorporated into an addendum to the Bidding Documents. No response shall be made to inquiries received later than twenty-one (21) calendar days before the scheduled Bid opening. 26. PRE-BID CONFERENCE A Pre-bid Conference will be held on Wednesday, April 30, 2014 at 11:00 A.M. EDT., in Suite 1900, Department of Procurement, 55 Trinity Avenue, S.W., Atlanta, Georgia At that time, the general requirements of the project will be discussed. Any additional questions raised by Bidders will be discussed. 8

15 Annual Contract for Small Water Meter Installations Instructions to Bidders General requirements of the project will be discussed at the Pre-bid Conference. Also discussed will be questions regarding preparation and submission of Bids and general contractual requirements. Bidders will be allowed to ask questions. Oral answers to questions during the Pre-bid Conference will not be authoritative. It should be emphasized, however, that nothing stated or discussed during the course of this conference shall be considered to modify, alter or change the requirements of the Bidding Documents, unless it shall be subsequently incorporated into an addendum to the Bidding Documents. 27. TIME FOR RECEIVING BIDS Sealed Bids for this project will be received by designated staff of the Department of Procurement, Suite 1900, City Hall South, 55 Trinity Avenue, S.W., Atlanta, GA 30303, no later than 2:00 p.m. EDT, (as verified by the Bureau of National Standards) on Friday, May 16, ABSOLUTELY NO BIDS WILL BE RECEIVED AFTER 2:00 P.M. EDT ON THE RESPECTIVE DATE. All Bids received by the time and date set forth will be opened publicly and read at 2:01 P.M. EDT in the Department of Procurement Bid Conference Room, Suite 1900, at the aforementioned address. Bids received prior to the advertised hour of opening will be kept secured and sealed. The contracting officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered, except that when a Bid arrives by mail after the time fixed for opening, but before the reading of all other Bids is completed, and it is shown to the satisfaction of the City that the non-arrival on time was due solely to delay in the mail for which the Bidder was not responsible, such Bid will be received and considered. 28. BID MODIFICATION AND WITHDRAWAL Bids may be modified after they have been submitted, but only before the Bid opening date and time. Modifications must be signed by the Bidder and must be received by the City no later than the Bid opening time and date. Modifications should not reveal the total Bid amount, but should identify the addition and subtraction or other modification in a manner in which the prices will not be known by the City until the sealed Bid is opened. Bids may be withdrawn after they have been submitted, but only before the Bid opening date and time. Withdrawn bids may be resubmitted, but only in the manner in which the Bid was originally submitted. Withdrawals must be signed as stipulated above for modification. Bids may not be withdrawn between the Bid opening time and one hundred and eighty (180) calendar days thereafter, except as may be agreed upon by a written agreement between the Bidder and the City. 9

16 Annual Contract for Small Water Meter Installations Instructions to Bidders 29. BID EVALUATION a. Each Bid timely received and in the City's hands at the time set forth for the Bid opening shall constitute an offer to perform the Agreement on the terms and conditions thereof, in strict accordance with the Agreement documents, and all other requirements, all for the Bid total. For good cause and valuable consideration, the sufficiency of which is acknowledged by submittal of a Bid, each Bidder promises and agrees that its Bid shall be irrevocable for a period of one hundred eighty (180) calendar days after the Bid opening and will not be withdrawn or modified during that time. The City may accept any Bid by giving the Bidder Written Notice of acceptance during that time. If necessary, the period of time specified may be extended by written agreement between the City and the Bidder or Bidders concerned. b. After the Bids have been opened and before any award is made, the City will evaluate the Bid process, the Bid total, the supplements to the Bid form, Bidder's experience, financial data, Local Preference Program, proposed Subcontractors and equipment manufacturers and other data relating to Bidders' responsibility and qualifications to perform the Agreement satisfactorily. c. All extension of the unit prices shown and the subsequent addition of extended amounts may be verified by the City. In the event of a discrepancy between the unit price bid and the extension, the unit price will be deemed intended by the Bidder and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the bid total, the sum of the extended amounts shall govern. d. Bidder may be required to submit, in writing, the addresses of any proposed Subcontractors or equipment manufacturers listed on the Bid, and to submit other material information relative to proposed Subcontractors or Equipment manufacturers. The City reserves the right to disapprove any proposed Subcontractor or equipment manufacturers whose technical or financial ability or resources or whose experience are deemed inadequate. e. The City reserves the right to reject any Bid the prices of which appear to be unbalanced, and to reject any or all Bids, or parts thereof, if it determines, in its sole discretion, that such rejection is in the best interest of the City. Where only a single responsible and responsive Bid is received, the City may in its sole discretion, elect to conduct a price or cost analysis of the Bid. Such Bidder shall cooperate with such analysis and provide such supplemental information as may be required. The determination whether to enter into an Agreement with such sole Bidder shall be solely within the City s discretion and not dependent upon performance of a price or cost analysis. f. Bids will be evaluated on the basis of determining the lowest Bid total of a Bidder, not including alternates, whose Bid is responsive to the Invitation to Bid and who is 10

17 Annual Contract for Small Water Meter Installations Instructions to Bidders determined to be technically, financially and otherwise responsible to perform the Agreement satisfactorily, and to meet all other requirements of the Bidding Documents relating thereto. Any Bid may be rejected if it is determined by the City to be non-responsive, provided, however, that the City reserves the right to waive any irregularities or technicalities which it determines, within its sole discretion, to be minor in nature and in the interest of the public. Furthermore, any Bid may be rejected if it is determined by the City, in its sole discretion, that the bidder is not capable of performing the Agreement satisfactorily based upon review of its experience and technical and financial capabilities, or the failure of such bidder to provide information requested relating to such determination. Additionally, the City reserves the right to disqualify Bids, before and after the bid opening, upon evidence of collusion with intent to defraud or other illegal practices upon the part of any Bidder(s). g. The City intends to award the Agreement at the earliest practicable date to the lowest responsive, responsible Bidder(s), provided that the Bid is within the funds available for the project. The City reserves the right to award the Agreement to multiple Bidders. In addition, the City reserves the right to reject any and/or all Bids if it determines, in its sole discretion, that the public interest will be best served by doing so. h. A Pre-award Conference may be conducted with the apparent low Bidder(s) to review general requirements of the Bidding Documents. 30. AWARD CRITERIA Award will be made after evaluating the prices, responsiveness and responsibility of each Bidder. a. The responsiveness of a Bidder is determined by the following: 1. A timely and effective delivery of all services, materials, documents, and/or other information required by the City; 2. The completeness of all material, documents and/or information required by the City; and 3. The notification of the City of methods, services, supplies and/or equipment that could reduce cost or increase quality. b. The responsibility of a Bidder is determined by the following: 1. The ability, capacity and skill of the Bidder to perform the Agreement or provide the Work required; 2. The capability of the Bidder to perform the Agreement or provide the Work promptly, or within the time specified without delay or interference; 3. The character, integrity, reputation, judgment, experience and efficiency of the Bidders; 11

18 31. SURETY BONDS Annual Contract for Small Water Meter Installations Instructions to Bidders 4. The quality of performance of previous contracts or work; 5. The previous existing compliance by the Bidder with laws and ordinances relating to the Agreement or Work; 6. The sufficiency of the financial resources and ability of the Bidder to perform Agreement or provide the Work; 7. The compliance of the Bidder with the requirements of Division II, Equal Employment Opportunity (EEO), and Division 12, Minority and Female Business Enterprises, of the City s Department of Procurement; 8. The quality, availability and adaptability of the supplies or contractual Work to the particular use required; and 9. The successful Bidder shall assume full responsibility for the conduct of his agents and/or employees during the time such agents or employees are on the premises for the purpose of performing the Work herein specified. Regarding submission of surety bonds prior to or subsequent to the Bid submission, the following requirements pertain: a. Any surety bond submitted in accordance with the Bid or Agreement requirements must be issued by a corporate surety company satisfactory to the City and authorized to act as such in the State of Georgia; b. Such bonds shall conform to the forms provided with the Bid Documents and be completed in accordance with the instructions thereon; and c. In accordance with Georgia law, and upon award of the Agreement, separate performance and payment bonds shall be required of the successful Bidder, each in an amount not less than the total amount payable under the Agreement. The performance bond shall remain in effect for one (1) year after final acceptance of the Work or the guaranty period under the Agreement, whichever is the larger. The payment bond shall remain in effect for the period required under Georgia law for the payment bonds on public construction agreements. Reference is made to the bond forms and the Agreement Documents for additional particulars of the terms required in the bonds. In the case of any inconsistency between the Bond Forms and Georgia law, the law shall control. Finally, alterations, extension of the time allowed for performance, extra and additional Work, and other changes authorized under the Agreement may be made without notice to or consent of the surety or sureties. 12

19 Annual Contract for Small Water Meter Installations Instructions to Bidders 32. POWER OF ATTORNEY Attorneys-in-fact who sign agreement bonds must file with each bond a certified copy of their power of attorney with the appropriate effective date. 33. INSURANCE REQUIREMENTS The Contractor shall procure and maintain during the life of this Agreement, Workmen's Compensation, Public Liability, Property Damage, Automobile Liability insurance and any other insurance necessary to satisfy the requirements of the Agreement Documents. 34. LAWS AND REGULATIONS The Bidder's attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the Agreement throughout, to the extent that such requirements do not conflict with federal laws or regulations, and they will be deemed to be included in the Agreement the same as though therein written out in full. Bidder's attention is directed to the following laws and regulations: a. Wages under this Agreement must not be less than the minimum wage rates specified for Atlanta-funded projects as set forth in these documents; b. Applicable provisions of the Occupational Safety and Health Act ( OSHA ) must be observed during Work under this Agreement; and c. Appendix A Requirements of the Office of Contract Compliance. 35. AGREEMENT TERMS The terms of this Agreement shall be for a period of one (1) year with the option to extend for two (2) additional one (1) year periods. 36. LIQUIDATED DAMAGES The performance of the Work under Agreement within the specified time is essential to the City's economic interests. The attention of potential Bidders is directed to the provisions of the Agreement Documents, which establish the basis for liquidated damages to be paid to the City in the event that the Work is not completed on schedule. 13

20 Annual Contract for Small Water Meter Installations Instructions to Bidders 37. EXECUTION OF AGREEMENT Subsequent to the award and within five (5) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City five (5) copies of the Annual Construction Services Agreement as included in the Agreement Documents and provide performance and payment bonds and insurance certificates. The failure of the successful Bidder to execute the Annual Construction Services Agreement and to supply the required bonds within five (5) days after the prescribed forms are presented for signature, or within such extended period as the City may grant, based upon reasons determined sufficient by the City, shall constitute a default, and the Bidder shall forfeit the Bid Guarantee and the City may either award the Agreement to the next lowest responsive Bidder or re-advertise for Bids, and may proceed against the bid bond of the defaulted Bidder. If a more favorable Bid is received by re-advertising, the defaulting Bidder shall have no claim against the City for a refund. 38. PRE-CONSTRUCTION CONFERENCE A pre-construction conference may be held with the successful Bidder and all known Subcontractors at a time and place set by the City. 39. SUBSTITUTIONS Whenever a material, article, or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalog numbers, etc., it is intended to establish a standard, and any material, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable, provided the material, or equipment so proposed is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer's written approval. Whenever the design is based on a specific product of a particular manufacturer or manufacturers, the manufacturer(s) will be shown on the Drawings and/or listed in the Specifications. Any item other than those so designated shall be considered a substitution. If the manufacturer is named in the Drawings and/or detailed specifications as an approved manufacturer, products of that manufacturer meeting all Specification requirements are acceptable. Approval of any substitution will be made under the following provisions: a. If the term "OR EQUAL" follows the names of approved manufacturers, then other manufacturers desiring approval may submit the product to the Engineer for approval during the bidding phase. The manufacturer should include the following items in this pre-submittal: 14

21 Annual Contract for Small Water Meter Installations Instructions to Bidders 1. Descriptive literature, including information on materials used, minimum design standards features, manufacturing processes and facilities, and similar information, which will indicate experience and expertise in the manufacture of the product being evaluated; 2. Performance specifications applicable to the manufacturer's standard design, which indicate the level of performance to be expected from the product; 3. A complete set of submittal Drawings of similar equipment that has been completed and placed into operation; 4. A list of existing installations of equipment similar in type and size; 5. Evidence of technical ability of the manufacturer to design and manufacture Equipment and systems meeting project requirements. Evidence submitted shall include, at a minimum, descriptions of engineering and manufacturing staff capabilities; 6. Information required to satisfy specified experience requirements or a copy of the bond to be submitted in lieu of experience; 7. A complete description of field service capabilities, including the location of field service facilities which would serve the proposed facility and the number and qualifications of personnel working from that location; 8. A complete list of all requirements of the Drawings and Specifications with which the manufacturer cannot conform, including reasons why alternate features are considered equivalent; and 9. All other information necessary to fully evaluate the product for consideration. b. This pre-submittal shall reach the Engineer no later than three (3) weeks prior to the Bid date. Manufacturers will be advised of approval or rejection in writing no later than fourteen (14) days prior to the Bid date. Rejected submittals may be supplemented with additional information and resubmitted no later than one (1) week prior to the bid date. Manufacturers making supplementary submittals will be advised of approval or rejection in writing no later than three (3) days prior to the bid date. NOTE: Bids based on equipment, which has not received the approval of the Engineer, will render the Bidder as non-responsive and cause rejection of the Bid. c. If the term "EQUAL TO" precedes the names of approved manufacturers in the Specifications, the Contractor may, after receiving the Notice to Proceed, submit 15

22 Annual Contract for Small Water Meter Installations Instructions to Bidders Shop Drawings on the substitute product for the approval of the Engineer in accordance with General Condition 28. Any Bidder intending to furnish substitute products is cautioned to verify that the item being furnished will perform the same functions and have the same capabilities as the item specified. The Bidder shall include in his bid the cost of accessory items, which may be required by the substitute product and any architectural, structural, mechanical, piping, electrical or other modifications required to accommodate the substitution. Approval of the Engineer is dependent on his determination that the product offered is essentially equal in function, performance, quality of manufacture, ease of maintenance, reliability, service life and other criteria to that on which the design is based, and will require no major modifications to structures, electrical systems, control systems, or piping systems. 40. ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT Illegal Immigration Reform and Enforcement Act formerly known as the Georgia Security and Immigration Compliance Act of 2006: This invitation to Bid is subject to the Illegal Immigration Reform and Enforcement Act (IIREA). Pursuant to O.G.C.A , et seq. (IIREA) bidders and proponents are notified that all bids/proposals for services that are to be physically performed within the State of Georgia must be accompanied by proof of their registration with and continuing and future participation in the E-Verify program established by the United States Department of Homeland Security. A completed affidavit must be submitted on the top of the bid/proposal at the time of submission, prior to the time for opening bids/proposals. Under state law, the City cannot consider any bid/proposal which does not include a completed affidavit. It is not the intent of this notice to provide detailed information or legal advice concerning the Illegal Immigration Reform and Enforcement Act. All bidders/proponents intending to do business with the City are responsible for independently apprising themselves and complying with the requirements of that law and its effect on City procurements and their participation in those procurements. For additional information on the E-Verify program or to enroll in the program, go to: END OF INSTRUCTIONS TO BIDDERS

23 PART II DRAFT ANNUAL CONSTRUCTION SERVICES AGREEMENT

24 ANNUAL CONSTRUCTION SERVICES AGREEMENT THIS CONSTRUCTION SERVICES AGREEMENT ( Agreement ) is entered into effective this day of, 2014, (the Effective Date ) by and between THE CITY OF ATLANTA ( Owner or the City ), and ( Contractor ). The City and Contractor agree as follows: 1. DEFINITIONS The following terms have the meaning assigned: Agreement Documents means this Agreement and its Exhibits, Appendices, Work Orders, Change Orders, Documentation, Drawings, and Specifications, including Construction Services Agreement Exhibit A- General Scope of Services Exhibit A.1- Compensation and Fee Schedule Exhibit A.2- Work Orders Exhibit B- Legislation Exhibit C- Supplement Conditions and Technical Specifications Exhibit D- Additional Contract Documents Appendix A- Office of Contract Compliance Appendix B- Insurance and Bonding Requirements Agreement Term has the meaning set forth in Article 2, unless otherwise expressly amended or changed, pursuant to the City s authorized approval in conformance with the City of Atlanta Code of Ordinances and applicable law. Changes has the meaning set forth in Article 8. Change Order has the meaning set forth in Article 8. City Representative has the meaning set forth in Article 6. Claim means any demand, contention, or assertion seeking additional time or money under the terms of this Agreement. Claims by the Contractor must be made in writing and contain all of the following or such Claims are released: (a) a narrative statement describing the amount and bases of the Claim; (b) the precise number of days claimed as a result of any delay; and (c) a detailed calculation of the precise amount of additional compensation claimed with all required supporting Documentation. Documentation has the meaning set forth in Article 4. Drawings include, without limitation: all renderings, technical and design drawings, specifications, plans, layouts, diagrams, illustrations, descriptions, calculations, schedules, graphs, performance charts, shop drawings; asbuilt drawings; all graphic or pictorial material needed to show locations, dimensions, elevations, sections, and details; all documents necessary to fix and describe the size, quality and composition of the Project (or parts thereof); supplier operating and maintenance manuals, recommended spare parts lists, documents required to support permitting and licensing, and any other data pertinent to operation of the Project. Emergency Work has the meaning set forth in Article 2.

25 Final Completion means that point in time where the City has confirmed to the Contractor in writing that the Services required by a Work Order have achieved Substantial Completion, Contractor has completed all punchlist items associated with a Work Order, and Contractor has provided all Documentation required by the Agreement Documents and Work Orders for Final Completion. Final Payment means the final amount of compensation due under a Work Order or this Agreement (as applicable) and shall not become due until Contractor satisfies all of the requirements of Article 9. Minimum Quantity means one dollar ($1.00) in United States Currency, which is the minimum amount of Services that shall be ordered by the City pursuant to this Agreement. Project means or refers to the Project(s) specifically identified in Work Orders issued pursuant to this Agreement. Services means the specific tasks and activities to be performed by Contractor as identified in a Work Order issued pursuant to this Agreement, as well as all ancillary and incidental tasks and activities not expressly identified in a Work Order but which are reasonably necessary to be performed in order to complete the tasks and activities expressly identified in a Work Order. Standard has the meaning set forth in Article 6. Substantial Completion as applicable to a Work Order, means that point in time in which the Services that are the subject of a Work Order are capable of being used for their intended purpose and comply with all of the requirements of Article 9, the Specifications, and the other Agreement Documents. Total Sum means the total maximum amount of compensation for which all Work Orders may potentially be issued pursuant to this Agreement. Contractor s entitlement to payment under this Agreement shall not exceed the Total Sum. Work means all the Services specified, indicated, shown, or contemplated by the Agreement Documents and applicable Work Orders, as well as the furnishing by Contractor of all materials, equipment, labor, methods, processes, construction, manufacturing, tools, plants, design, supplies, power, water, transportation and any other things necessary or incidental to complete such Services in accordance with the Agreement Documents and applicable Work Orders that will ensure a functional and complete Project(s). Work Order means an order executed by the City, substantially in the form and substance provided in Exhibit A to this Agreement that specifies the Services to be provided by Contractor to the City, the agreed amount of payment for such Services, and the time limitations for completing the Services. Work Order Commencement Date means the date identified in a notice to proceed and/or a Work Order issued by the City, which instructs the Contractor to start the performance of Services required by a Work Order. The times for Substantial Completion and Final Completion will be measured from the Work Order Commencement Date. Work Product has the meaning set forth in Article SERVICES. 2.1 In General. The City desires to obtain from Contractor the Services described generally on Exhibit A attached and as further described on Work Orders (individually, a Work Order and, collectively, the Work Orders ) that may be executed from time to time between the Parties, pursuant to this Agreement.

26 The Services to be provided by Contractor are those ordered by the City that are reflected in a Work Order executed by the City. The City agrees that it shall order the Minimum Quantity of Work from the Contractor pursuant to this Agreement. Contractor agrees to provide to City the Services per the Agreement Documents and each Work Order issued by the City. Each Work Order will include at least the following: a reference to this Agreement; the Work Order Commencement Date; the required dates of Substantial and/or Final Completion of the Services, as applicable; the Services to be provided by the Contractor; required deliverables and submittals; the amounts payable and payment schedule for the Services; and any additional provisions applicable to the Services. Except as provided for Emergency Work, no Work Order will become effective until it has been executed by an authorized representative of the City. A Work Order issued pursuant to this Agreement will be substantially in the form of Exhibit A.2 hereto. All approved Work Orders shall be incorporated by reference into this Agreement Emergency Work. In some cases, the City may require emergency Services to be performed by the Contractor, which pose an imminent threat to the public health, safety, general welfare or the City s water or wastewater system ( Emergency Work ). In such cases, the City s Authorized Representative shall notify the Contractor by or other written communication the type and scope of work needed under the circumstances. Once notified, Contractor shall immediately mobilize and begin Services, as is necessary to remediate the emergency conditions. Payment for such Services shall be in accordance with Option 1, pursuant to Section Authorization. If applicable, this Agreement is authorized by legislation adopted by the City, which is attached as Exhibit B The Total Sum of payments by City under this Agreement shall not exceed $ during the first year in which this Agreement is effective. For each subsequent year that this Agreement is effective, City shall provide written notice to Contractor of the amount of funding allocated to this Agreement for such calendar year (each annual maximum amount, including the funding for the first year, shall be the Annual Maximum Payment Amount ). In addition, each Work Order shall specify a maximum payment amount (the Work Order Maximum Payment Amount ) applicable to the Services to be performed under such Work Order. 2.3 Work Orders under this Agreement may be issued by City without further legislative approval under Code section , if the legislation authorizing this Agreement provides for such issuance. In such circumstances, the Work Order may be executed by the City s Chief Procurement Officer, head of the affected using agency or other appropriate designee on behalf of City. City, at its sole discretion, may unilaterally issue Work Orders for Services for which charges are established in this Agreement. Contractor shall promptly proceed with the Services set forth in any such Work Order. If City solicits a proposal from Contractor for a Work Order, Contractor shall submit its proposal with a Work Order containing all the necessary terms and executed by Contractor. Work Orders may be issued or executed during the term of this Agreement that contain a service performance period that extends beyond the term; provided, however, that no Work Order may be issued or executed under this Agreement subsequent to the expiration or termination of the term. 2.4 City makes no representations or warranties about the quantity of services that will be requested or charges that will be paid under this Agreement. Any quantity of Services or amount of charges set forth in this Agreement are estimates only.

27 2.5 Initial Term. The initial term of this Agreement will be 1 year. This Agreement shall commence on the Effective Date and end on [ ]. The initial term of the Agreement and any renewal term(s) are collectively referred to as the Term. 2.6 Renewal Terms. City shall have the right in its sole discretion to renew this Agreement for [2] additional one-year terms. If City desires to exercise an option to renew, it will submit legislation authorizing such renewal for consideration by City s Council and Mayor prior to the expiration of the prior term. The legislation will establish that the date of such renewal will be the day immediately following the expiration day of the prior term. If such legislation is enacted, City will notify service provider of such renewal, at which time service provider shall be bound to provide Services during such renewal term, without the need for the parties to execute any further documents evidencing such renewal, it being acknowledged by service provider that its initial execution of this Agreement is deemed its agreement to continue to provide Services during any renewal term. 3. COMPENSATION 3.1 Compensation for Services will be based upon agreed unit prices as set forth in the fee schedule attached as Exhibit A.1. No payment to Contractor shall exceed Annual Maximum Payment Amount; Work Order Maximum Payment Amount; the Total Sum; or the hourly rates, materials, reimbursable expenses and other payment terms identified in Exhibit A.1. All costs of items associated with the Work and incidentals necessary for the proper and timely completion of the Work shall be considered as included in the unit prices attached as Exhibit A.1. Payment for all Work in accordance with the unit prices identified in Exhibit A.1 shall be full compensation for all labor, materials, equipment, methods, processes, construction manufacturing, tools, plants, designs, supplies, power, water transportation and any other things necessary or incidental to furnish, install, construct, and test the Work covered under the applicable unit price. The unit prices set forth in Exhibit A.1 are inclusive of all taxes, levies, duties and assessments of every nature in connection with the Services ( Taxes ). Services for which there is no price schedule set forth in Exhibit A.1 shall be considered incidental to the Work and no compensation shall be allowed. 3.2 Contractor acknowledges and agrees that if the quantities originally contemplated under the Agreement Documents are materially changed so that application of such unit prices to quantities of the Work performed will cause substantial inequity to the City, the applicable unit prices shall be equitably adjusted pursuant to Article 8. For purposes of this Article 3.2, a change in quantities may be considered material if such change is greater than or equal to forty percent (40%) more than the quantities set forth in the Agreement Documents. 3.3 No money shall be paid by the City upon any claim, debt, demand or account whatsoever, to any person, firm, or corporation who is in arrears to the City for taxes, or any other debt or claim, and the City shall be entitled to counterclaim and/or offset any such debt, claim, demand or account in the amount of taxes so in arrears or other debts or claims of the City, and no assignment or transfer of such debt, claim, demand, or account after the said taxes are due or after any such debt or claim is asserted by the City, shall affect the right of the City to so offset the said taxes, debts, or other obligations against the same. Contractor agrees that the City shall be allowed to setoff and recoup any claim or demand that it may have against Contractor (or any of its constituent members if Contractor is a joint venture) whether such claim or demand is liquidated or unliquidated. Contractor further agrees that in the event it assigns or sells any amounts due or to become due under this Agreement, notice to the City of such assignment or sale shall not affect the City s rights of setoff or recoupment against Contractor for claims subsequently arising from this Agreement or any other contract with the City. Any assignee or purchaser of any amounts due Contractor under this Agreement shall be bound to these provisions and shall assume the risk of subsequently arising claims of setoff or recoupment.

28 4. TERMS OF PAYMENT 4.1 Payment to the Contractor will be made according to one of the following methods identified in this Article 4. Work Orders issued pursuant to this Agreement will identify the method of payment selected by the City. Selection of the applicable payment options identified in Articles and is in the City s sole discretion. In the event that a Work Order does not expressly state the procedure for payment selected by the City, then Contractor will be entitled to payment in accordance with Article Contractor shall prepare and submit to City invoices for payment for all Services in accordance with the Work Order, which shall include such detail and format as the City may reasonably require. Payment Methods Option 1, Payment Upon Final Completion: Subject to the City s right to offset payment and its rights to withhold payment set forth in Article 4.4, Contractor shall be entitled to full payment for a Work Order sixty (60) days after achieving Final Completion of the Services required by a Work Order based upon a lump sum, based upon time and materials and calculated from the labor and materials categories set forth in Exhibit A. Contractor agrees to execute such payment application forms and release of claim forms as the City may require as a condition precedent to the City s obligation to make any payment to Contractor Option 2, Progress Payments: If the City elects to pay Contractor in accord with this Article 4.1.2, then upon issuance of a Work Order, Contractor shall submit to the City monthly invoices for Services performed. Each invoice shall be accompanied by a payment application identifying the applicable Work Order, such time sheets, daily reports, receipted invoices, invoices with check vouchers attached, Contractor s interim and final releases of lien and bond rights (as applicable), Contractor s sub-tier contractor interim and final releases of lien and bond rights (as applicable), Contractor s verification of quantities delivered pursuant to Work Order(s), all Drawings required by a Work Order, all documents, work product, and information required by the Specifications, and such other records as the City may reasonably request for the purpose of verifying the accuracy of the invoice (collectively Documentation ). Subject to the City s right to offset payment and its rights to withhold payment set forth in Article 4.4, payment to Contractor will be made less applicable retention within thirty (30) days of receipt of all supporting Documentation required by the Agreement Documents. Contractor agrees to execute such payment application forms and release of claim forms as the City may require as a condition precedent to the City s obligation to make any payment. 4.2 This Article 4 completely supersedes the Georgia Prompt Pay Act as it relates to Owner payments and any modifications or successors to the Georgia Prompt Pay Act to the fullest extent allowed by law. Contractor acknowledges and agrees that payment shall be in accordance with the provisions of this Agreement and expressly waives its right to assert entitlement under O.C.G.A , et. seq. to the full extent permitted by law. Should the City fail to issue payment for undisputed amounts within ninety (90) days of approval, annual interest on the payment amount may accrue at the Prime Rate, plus one percent (1%). The Prime Rate shall be based on that published in the Wall Street Journal on the first business day of January or June, whichever has most recently passed, of the current year. 4.3 The City may decline to approve payment and may withhold any payment, in whole or in part because of: (a) defective work not remedied; (b) third party claims filed or reasonable evidence indicating probable filing of such claims; (c) failure of the contractor to promptly make payments to sub-tier contractors; (d) reasonable evidence that the Work cannot be completed for the Total Sum; (e) reasonable evidence that the Services will not be completed within the time required by a Work Order; (f) failure to carry out the Services in accordance with the requirements of the Agreement documents; (g) failure to comply with the insurance and bonding requirements of the Agreement Documents; (h) Contractor s insolvency or reasonable evidence that contractor fails to pay its debts as they come due; (i) liquidated damages due in accordance with article 9; or (j) a material failure of the contractor to comply with

29 any of the requirements of the agreement documents. No full or partial payment of any invoice or any use of Services constitutes acceptance of any Services. 4.4 Any Disputes concerning payment shall be resolved in accordance with Article CONTRACTOR S ACCOUNTING RECORDS AND THE CITY S RIGHT OF AUDIT Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement. The City shall be afforded reasonable access to Contractor s records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, memoranda, records of delivered quantities, daily reports, job cost reports, and such other data relating to this Agreement during normal business hours at the location where such documents are stored by Contractor. The Contractor shall preserve all such related documentation for a period of two (2) years after the expiration of the Agreement Term. The City shall have the right to audit the books and records related to this Agreement at any time. Contractor shall provide access to its books and records associated with this Agreement within 72 hours of the City s provision of written notice to Contractor. 6. OBLIGATIONS OF THE CONTRACTOR 6.1 Contractor will perform all Services in a timely and professional manner, consistent with the Standard. Contractor shall not be deemed to be an agent of the City for any purpose but shall in all events be an independent contractor exercising control over its Services and the manner in which they are performed 6.2 Contractor will not perform any Services until the City directs Contractor in writing to proceed. Unless otherwise specified in a Work Order, the execution of a Work Order by the City shall constitute notice and authorization to Contractor to proceed in strict accordance with the Agreement Documents. 6.3 Contractor will perform Services under this Agreement with the highest degree of skill and diligence normally practiced by contractors performing the same or similar services as are being performed by Contractor under this Agreement and under any Work Order in accordance with all applicable federal, state, local laws, ordinances, rules, regulations, and lawful orders ( Standard ). Contractor shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and shall coordinate all portions of the Work under the Agreement Documents. 6.4 Contractor shall enforce strict discipline, professionalism, and good order among Contractor s employees and sub-tier contractors. The City may, after provision of written notice to Contractor, require Contractor to remove from the Work any employee the City deems incompetent, unprofessional, or otherwise objectionable, including any employee of Contractor s sub-tier contractors. 6.5 Unless otherwise provided in the Agreement Documents, Contractor shall secure and will provide all permits, licenses, and other applicable legal documents required for Contractor s performance of the Work required by the Agreement Documents. In no event will Contractor s failure to timely secure permits, licenses, and/or other applicable legal documents serve as a basis for a Claim under this Agreement. 6.6 Key Personnel and Key Subcontractors. The following persons are identified by the Contractor as its key personnel that will provide the Work and Services required by the Agreement Documents: Key Personnel: (a) ;

30 (b) ; and (c) Key Subcontractors: (a) ; (b) ; and (c) Contractor shall not transfer, reassign or replace Key Personnel and/or Key Subcontractors identified in Articles and 6.6.2, except as the result of retirement, voluntary resignation, involuntary termination for cause in Contractor s sole discretion, illness, disability, or death, during the term of this Agreement without the prior written approval from the City. 6.7 Suspension of the Work. The City may, by written notice to Contractor, suspend at any time the performance of any or all of the Work to be performed under this Agreement. Contractor shall be entitled to request an extension of time pursuant to Article 8 in the event the City issues a suspension notice per this Article 6.7. Unless the suspension notice directs otherwise, upon receipt of a suspension notice Contractor must: immediately discontinue suspended Work on the date and to the extent specified in the notice; place no further orders or subcontracts for materials, services or facilities with respect to suspended Work, other than to the extent required in the notice; and take any other reasonable steps to minimize costs associated with the suspension. 6.8 The City shall designate to the Contractor in writing a representative(s) (the City Representative ) who shall serve as primary interface and the single-point of communication for the provision of Services; have day-to-day interaction with Contractor to address issues relating to this Agreement; and to the extent provided under applicable laws and the City s Code of Ordinances, have the authority to execute any additional documents or Change Orders on behalf of City. Any Work, document, or item to be submitted or prepared by Contractor hereunder shall be subject to the review of the City Representative. The City Representative may disapprove, if in the City Representative s sole opinion the Service, Documentation, Drawing or item is not in accordance with the requirements of the Agreement Documents or sound professional principles, or is impractical, uneconomical or unsuited for the purposes for which the Service, document or item is intended. If any of the said items or any portion thereof are so disapproved, Contractor shall revise and/or correct the Work so that it meets the approval of the City Representative at no additional cost to the City. The City Representative may also be referred to as the City Engineer. 6.9 Contractor shall diligently perform the Services required by a Work Order within the time required by the Work Order notwithstanding any disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City may otherwise direct pursuant to this Agreement. Contractor s failure or refusal to work through disputes in accordance with this Article 6.9 shall be deemed a material default under this Agreement, which will entitle the City to immediately rely upon Contractor s sureties to cure said default Except as otherwise expressly provided in this Agreement, all Drawings, Documentation, reports, information, data, specifications, computer programs, technical reports, operating manuals and similar work or other documents, all deliverables, and other work product prepared or authored by Contractor or any of its sub-tier

31 contractors exclusively for the City under this Agreement, and all intellectual property rights associated with the foregoing items (collectively, the Work Product ) shall be and remain the sole and exclusive property of the City. Any of Contractor s or its sub-tier contractors works of authorship comprised within the Work Product (whether created alone or in concert with City or a third party) shall be deemed to be works made for hire and made in the course of Services rendered and, whether pursuant to the provisions of Section 101 of the U.S. Copyright Act or other applicable law, such Work Product shall belong exclusively to City. Contractor and its sub-tier contractors grant the City a non-exclusive, irrevocable, global, perpetual, transferable, fully paid up, royalty free license to all Work Product not exclusively developed for City under this Agreement If any of the Work Product is determined not to be a work made for hire, Contractor hereby assigns to the City, worldwide and in perpetuity, all rights, including proprietary rights, copyrights, and related rights, and all extensions and renewals of those rights, in the Work Product. If Contractor has any rights to the Work Product that cannot be assigned to City, Contractor unconditionally and irrevocably waives the enforcement of such rights and irrevocably grants to City during the term of such rights an exclusive, irrevocable, perpetual, transferable, global, fully paid and royalty-free license, with rights to sublicense through multiple levels of sub-licensees, to reproduce, make, have made, create derivate works of, distribute, publicly perform and publicly display by all means, now known or later developed, such rights The City shall have the sole and exclusive right to apply for, obtain, register, hold and renew, in its own name or for its own benefit, all patents, copyrights, applications and registrations, renewals and continuations and all other appropriate protection To the extent exclusive title or complete and exclusive ownership rights in any Work Product created by Contractor may not originally vest in City by operation of applicable law, Contractor shall immediately upon request, unconditionally and irrevocably assign, transfer and convey to the City all rights, title and interest in the Work Product Without any additional cost to the City, Contractor and its personnel shall promptly give City all reasonable assistance and execute all documents the City may reasonably request to enable the City to perfect, preserve, enforce, register and record its rights in all Work Product. Contractor irrevocably designates City as Contractor s agent and attorney-in-fact to execute, deliver and file, if necessary, any documents necessary to give effect to the provisions of this Article 6.10 and to take all actions necessary, in Contractor s name, with the same force and effect as if performed by Contractor Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury, or loss to: (a) all employees on the Work and all other persons who may be affected thereby; (b) all the Work and materials to be incorporated therein, whether in storage or not, under the care, custody, or control of Contractor or any of Contractor's sub-tier contractors; (c) other property at the site where the Work is being performed or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction; and (d) the Work of the City or other separate contractors Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury, or loss Contractor shall erect and maintain, as required by existing conditions and the progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.

32 When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel Contractor shall promptly remedy all damage or loss to any property caused in whole or in part by Contractor, any subcontractor, any sub-tier contractor or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damage or loss attributable solely to the acts or omissions of the City and not attributable to the fault or negligence of Contractor. The foregoing obligations of Contractor are in addition to Contractor's obligations under Article 7 and Exhibit A or other provisions of the Agreement Documents Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety In any emergency affecting the safety of persons or property, Contractor shall act, at Contractor's discretion, to prevent threatened damage, injury or loss Contractor acknowledges that it is fully aware of appropriate and safe procedures regarding blasting, including the contents and requirements of Official Code of Georgia Annotated through , Blasting or Excavating Near Underground Gas Pipes and Facilities, any amendments thereto and rules and regulations issued pursuant thereto, and Contractor shall fully comply therewith. Contractor agrees and acknowledges that any failure on its part to adhere to appropriate procedures and said laws, rules and regulations shall not only be a violation of law but shall also be a breach of Agreement Contractor acknowledges that it is fully aware of appropriate and safe procedures regarding high voltage lines, including the contents and requirements of Official Code of Georgia Annotated through , Safeguards Against Contact with High Voltage Lines, any amendments thereto and rules and regulations issued pursuant thereto, and Contractor shall fully comply therewith. Contractor agrees that any failure on its part to adhere to appropriate procedures and said laws, rules and regulations shall not only be a violation of the law but shall also be a breach of Agreement Contractor acknowledges and agrees that it is the entity responsible under the law and that it is the entity employing or directing others to perform labor within the meaning of Official Code of Georgia Annotated , Labor and Industrial Relations. It acknowledges and agrees likewise that it will comply with said law Contractor shall protect all Work, including but not limited to, excavations and trenches, from rain water, surface water, and backup of drains and sewers. Contractor shall furnish all labor, pumps, shoring, enclosures, and equipment necessary to protect and keep the Work free of water The provisions, terms and conditions of this Article 6 are in no way intended to limit the general requirements or the applicability of laws relating to Work conditions, safety or accident prevention and no specific provision or combination of specific provisions in any provision of Article 6 or in any other parts of the Agreement Documents shall be deemed to limit the obligations or responsibility of Contractor contained in general provisions with respect thereto or in laws, statutes, acts, rules or regulations which are applicable to Contractor but which are not specifically referred to in any part of the Agreement Documents. 7. INSURANCE AND BONDING The Contractor shall procure and maintain, at its own cost, during the term of this Agreement the Insurance and Bonds Required by Appendix B.

33 8. CHANGES AND CLAIMS 8.1 Owner shall have the right at any time during the progress of the Work to increase or decrease the Services required by a Work Order or the time required for delivery of the Services (a Change ) pursuant to this Agreement. Any modification to a Work Order or this Agreement shall be set forth in a Change Form executed by the City and the Contractor, which documents the parties mutual agreement as to the effect of the Change, the modification of the scope of the Work Order, and/or the amount of time required by a Work Order. It is expressly agreed that, except in an emergency endangering life or property, no additions or changes to the Work shall be made except upon written order of Owner, and Owner shall not be liable to Contractor for any extra labor, materials, or equipment furnished without such written order. No officer, employee, or agent of Owner is authorized to direct any extra or changed work by verbal order nor is Contractor authorized to proceed with any Work upon verbal order that results in a modification to the time or price of a Work Order. 8.2 The unit prices set forth in Exhibit A.1 shall not be subject to modification pursuant to this Article. Except as provided by applicable law, in no event will a Change Order exceed the Total Sum authorized by the City pursuant to this Agreement. 8.3 Subject to the limitations set forth in Article 17, Contractor shall provide written notice to the City of any Claim within seven (7) calendar days of the occurrence of the event giving rise to the Claim, as well as (a) a narrative statement describing the amount and bases of the Claim; (b) the precise number of days claimed as a result of any delay or impact to the Work; and (c) a detailed calculation of the precise amount of additional compensation claimed with all required supporting Documentation. The failure of the Contractor to file any Claim within the time limits prescribed herein or in the form or manner as required hereby shall be deemed a material prejudice to the interests of the City and shall constitute a waiver and release of the Claim and the right to file or thereafter prosecute the same. 9. TIME 9.1 The Parties acknowledge that TIME IS OF THE ESSENCE for performance of the obligations required by this Agreement. 9.2 Contractor shall commence Work and proceed diligently with the Services, in accordance with the time specified by a Work Order. Contractor shall achieve Substantial Completion and Final Completion of the Services required by a Work Order within the times set forth in a Work Order When Contractor believes that the Services that are the subject of a Work Order are substantially complete, Contractor shall prepare a list of items and deliverables to be completed or corrected. The City may review the list of items and deliverables to be completed or corrected prepared by the Contractor and review the Services within a reasonable time after receipt of written notice from the Contractor and modify this list to include additional items. After Contractor has completed or corrected items necessary for achieving Substantial Completion it shall notify the City in writing. Thereafter, the City will review the Services and notify the Contractor in writing whether the Services have achieved Substantial Completion, as applicable If applicable, upon achieving Substantial Completion of the Services, as required by a Work Order, the Contractor will identify all punch-list items necessary for achieving Final Completion of the Work and provide this information to the City. After completion of all punch-list items and delivery of all Documentation necessary for Final Completion of a Work Order, the Contractor shall forward written notice to the City that the Services are ready for final review and acceptance and shall also forward a final application for payment. When the City finds that the Services are acceptable and fully completed in accordance with the Agreement Documents, the City will issue a certificate for Final Payment that will approve the Final Payment due the Contractor under an applicable Work Order.

34 9.2.3 Neither Final Payment nor retention shall become due until the Contractor submits to the City the following: (a) an affidavit that all payrolls and other indebtedness connected with the Work have been paid or otherwise satisfied; (b) consent of Contractor s surety to Final Payment; and (c) any Drawings and Documentation required by a Work Order The acceptance of Final Payment by Contractor shall constitute a complete waiver and release of all claims against the City by Contractor. 9.3 In the event Contractor fails to achieve either Substantial Completion or Final Completion within the time required by a Work Order, then Contractor or its sureties shall pay to the City the following amounts upon demand: Applicable Range of Estimated Work Order Amount Substantial Completion Liquidated Damages Final Completion Liquidated Damages 0 to $50,000 Not Applicable $1000 per day $50, $100,000 Not Applicable $1000 per day $100, $250,000 Not Applicable $1000 per day $250, $500,000 Not Applicable $1000 per day $500, $1,000,000 Not Applicable $1000 per day Over $1,000, Not Applicable $1000 per day The amounts set forth in Articles and shall be referred to herein as Liquidated Damages. The amount of such charges is hereby agreed upon as a reasonable estimate of the probable loss of the City in the event Contractor fails to achieve the Substantial Completion and/or the Final Completion requirements of Work Orders. The Liquidated Damages are fixed per this Article 9 because of the difficulty of ascertaining the exact amount of losses the City will actually incur as a result of Contractor s delayed completion of a Work Order. 9.4 No payment(s) made, payment application(s) approved, partial use of the Services, or complete use of the Work by the City shall be deemed an acceptance of Services that do not conform to the requirements of the Agreement Documents. 10. FAILURE TO PERFORM AND TERMINATION FOR DEFAULT If Contractor (a) fails or refuses to proceed with or to perform its Work in accordance with the Agreement Documents, (b) fails or refuses to perform properly or abide by any terms, covenants, conditions or provisions contained in this Agreement or (c) fails or refuses to obey laws, ordinances, regulations or other codes of conduct, Owner shall have the right to terminate Contractor's right to proceed under this Agreement. If Owner determines that Contractor has not remedied and cured the default or defaults in its performance within seven (7) calendar days following receipt by Contractor of written notice of said default or defaults or such shorter period as the circumstances may justify, in which case such shorter period shall be identified in Owner's written notice, then Owner may, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right it may be entitled to hereunder or by law, terminate Contractor's right to proceed under a Work Order

35 or this Agreement and take possession of the Work and all materials, tools, equipment and appliances of Contractor, take assignment of all of Contractor's subcontracts and purchase orders, and complete Contractor's Work by whatever means, methods or agency which Owner may, in its sole discretion, choose. In the event that Contractor's right to proceed has been terminated, Contractor agrees that it shall not be entitled to receive any further payment until after the Work has been completed. Moreover, all monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other direct and indirect expenses (including attorneys' fees, arbitrator s fees, filing fees, expert fees, and all other costs and expenses associated with the default) incurred by Owner incident to such completion, shall be deducted from any amounts otherwise due or to become due the Contractor, and if such expenditures, together with said costs, losses, damages and extra expenses, exceed the unpaid balance of the Work Order Maximum Payment Amount, Contractor and its surety agree to pay promptly to Owner, on demand, the full amount of such excess, including costs of collection, attorneys' fees and interest thereon at the maximum legal rate of interest until paid Owner's determination of Contractor's default or defaults and Owner's decision as to Contractor's failure to remedy and cure said default or defaults upon notification of their existence, made by Owner under the belief that a default or defaults existed under the terms hereof and that Contractor failed to remedy and cure said default or defaults, shall be conclusive (a) as to Owner's right to proceed as herein provided, and (b) as to Contractor s surety s obligation to perform the obligations assumed under Contractor s performance and/or payment bond. The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained and obligations assumed by Owner under the belief that such payments or assumptions were necessary or required (a) in completion of the Work and in providing labor, materials, equipment, supplies and other items therefor or re-letting the Agreement and (b) in settlement, discharge or compromise of any claims, demands, suits and judgments pertaining to or arising out of the Work hereunder. A sworn itemized statement thereof or the checks or other evidence of payment shall be prima facie evidence of the fact and extent of Contractor's liability In the event Contractor is in default, Owner shall have the right to supplement Contractor s forces without terminating this Agreement for default and deduct the cost of the same from any amounts otherwise due Contractor In the event any termination for default is found to be wrongful or improper, Contractor agrees that its sole and exclusive remedy is to have the termination treated as a termination for convenience in accordance with Article 11, Termination for Convenience In addition to the bases for termination of this Agreement under Articles 10.1 and 10.2, the City may, at its option, terminate this Agreement for cause immediately by providing written notice to Contractor if Contractor engages in behavior that is dishonest, fraudulent, or constitutes a conflict of interest with Contractor s obligations under this Agreement or is in violation of any of the City s Ethics Ordinances. Contractor shall immediately notify the City in writing, specifically disclosing any and all potential or actual conflicts of interest, which arise or may arise during the Term of this Agreement. City shall make a written determination as to whether a conflict of interest actually exists and the actions to be taken to resolve the conflict of interest. 11. Termination For Convenience; Termination For Lack Of Appropriations Termination For Convenience. The City shall have the right to terminate this agreement or a Work Order without cause upon seven (7) calendar days' written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to Services performed through the date of termination, calculated on a percent complete basis, together with any retainage withheld, if applicable, plus reasonable close-out and termination costs approved by the Owner, less the amount of prior payments to the Contractor, and Contractor shall not be entitled to any other and further recovery against Owner, including, but not limited to, anticipated profit on work not performed. In no event shall Contractor be entitled to a cost-plus recovery from Owner.

36 11.2 TERMINATION For Lack Of Appropriations. If, during any year of this Agreement, legislation establishing a Total Sum for the following year is not enacted, this Agreement will terminate in its entirety on the last day of the Agreement term for which a total sum has been legislatively authorized; provided, however, that Work Orders funded out of a previously legislatively authorized total sum amount may continue beyond such termination date. Furthermore, at any time during the term of this Agreement, City shall be entitled to terminate the Agreement for lack of appropriations or sufficient funding under the agreement upon providing thirty (30) days written notice to Contractor that the sufficient funding is not present to perform the Services under this Agreement. If the City terminates the Agreement pursuant to this provision, Contractor s recovery against Owner shall be in accordance with Section 11.1, above. 12. FORCE MAJEURE Any delay in performance caused by terrorist attacks, insurrections, storms, fires, hurricanes, tornadoes, earth quakes, or other acts of God ( Force Majeure Event ) shall excuse the performance of both parties for the duration the Force Majeure Event is in effect. If the Contractor is delayed at any time in the progress of the Work by a Force Majeure Event, then Contractor will be entitled to seek a Change Order in accordance with the requirements of Article 8.= Any extension of Contract Time on account of a Force Majeure Event shall be net of any delays caused by or due to the fault or negligence of Contractor. The Contractor shall cooperate in good faith with the City to minimize the impact of any such occurrence. No extension of time shall be granted unless the Force Majeure Event causes a delay to a Substantial Completion Date, and such delay is proven by an independent critical path analysis of the effected work activities. Contractor shall not be entitled to any compensation for a Force Majeure Event delay. Contractor's sole remedy for Force Majeure Event delay shall be a time extension. 13. WARRANTY Contractor warrants to the City that all materials and equipment furnished under this Agreement will be new and of workmanlike quality unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Agreement Documents. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by City, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provision of the Agreement Documents. The Warranties set forth in this Article and elsewhere in the Agreement Documents shall survive Final Completion of any Work done and the Agreement Term. All warranties are in addition to the rights, remedies, and redress that the City has at law or in equity, and none of Contractor s warranties shall be deemed a sole or exclusive remedy to the City If within one (1) year from the expiration of the Agreement Term or Final Completion of a Work Order (whichever timeframe is longer), or within such longer period of time as may be prescribed by law or by the term of any applicable special warranty required by the Agreement Documents ( Warranty Period ), any of the Work is found to be defective or not in accordance with the Agreement Documents, Contractor shall correct it promptly after receipt of a written notice from the City to do so. This obligation shall survive both Final Payment for the Work or designated portion thereof and termination of the Agreement. Contractor acknowledges that the Warranty Period provides a period during which Contractor has a duty to repair and does not in any way limit Contractor s liability for Work that is not in accordance with the Agreement Documents, including any that may be discovered more than one (1) year after the date of Final Completion of a Work Order or expiration of the Agreement Term Without limiting the responsibility or liability of Contractor under the Agreement, all warranties given by manufacturers on materials or equipment incorporated in the Work are hereby assigned by Contractor to the City at no additional cost to the City. If requested, Contractor shall execute enforceable formal assignments of said manufacturer's warranties to the City at no additional cost to the City. Contractor shall not obtain any materials or

37 equipment under warranties, which do not run directly to the benefit of the City, and all such warranties shall be directly enforceable by the City The foregoing warranties, and those contained elsewhere in the Agreement Documents or implied by law, shall be deemed cumulative and not alternative or exclusive. No one or more of them shall be deemed to alter or limit any other. 14. CORRECTION OF THE WORK The Contractor shall promptly correct Work rejected by the City or Work failing to conform to the requirements of the Agreement Documents, whether discovered before or after Substantial Completion of a Work Order and whether or not fabricated, installed or completed. Costs of correcting such rejected Work, including additional testing and inspections, the cost of uncovering and replacement, and compensation for the Owner s, Owner s consultants, or a design professionals services and expenses made necessary thereby, shall be at the Contractor s expense. If the Contractor fails to correct defective or non-conforming Work within seventy-two (72) hours from receipt of the City s written notice, then the City shall have the right to correct the defective or non-conforming work at Contractor s expense. 15. INDEMNIFICATION 15.1 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Owner and from and against any and all claims, damages, losses, demands, judgments and costs of suit or defense, including attorneys' fees, and reimburse Owner for any expense, damage or liability incurred by Owner whether for personal injury, property damage, direct or consequential damage, or economic loss arising or alleged to have arisen from the acts or omissions of Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to any party or person. This indemnity obligation shall include, but not be limited to, claims made or lawsuits filed by employees of Contractor or employees of anyone for whose acts Contractor may be liable, and claims made or lawsuits filed by employees of Owner. The foregoing indemnification does not apply to claims arising out of the sole negligence of Owner. Contractor further agrees to reimburse Owner for all costs and expenses, including attorneys' fees, expert witness fees, and/or consultant fees incurred to enforce these indemnity obligations Contractor will save and keep all Projects related to this Agreement free from all mechanics' liens and all other liens by reason of its Work or of any materials or other things used by it therein. If Contractor fails to remove any lien by bonding it, or otherwise, Owner, among other remedies, may retain sufficient funds out of any money due or thereafter to become due by Owner to Contractor to pay the same and all costs incurred by reason thereof, and may pay said lien or liens and Owner's costs associated with the lien or liens including reasonable attorneys' fees out of any funds at any time in the hands of Owner owing to Contractor. Contractor agrees that it shall be obliged to bond off any claim of lien of any of its subcontractors or suppliers notwithstanding any claim or argument as to nonpayment or an alleged prior breach by Owner as an alleged result of non-payment. Contractor s obligation to bond off all liens of its subcontractors and suppliers is absolute and unconditional, and Contractor s failure to bond off any lien shall be deemed a material breach and default of this Agreement. Contractor s performance and/or payment bond sureties shall be obliged to bond all liens filed by subcontractors and suppliers of Contractor in the event that Contractor fails for any reason whatsoever to bond any such lien filed after ten (10) days written notice from Owner to Contractor demanding the bonding of such lien(s). Contractor understands and agrees that it shall ensure that its own subcontractors and suppliers have the same obligations as Contractor under this Article Contractor shall indemnify and hold City, harmless from and against any losses, liabilities, damages, demands and claims, and all related costs (including reasonable attorneys fees and costs of investigation, litigation,

38 settlement, judgment, interest and penalties) arising from claims or actions based upon any of the Work, Services, materials or methodologies used by Contractor (or any Contractor agent, subcontractor, sub-tier contractor or representative), or the City s use thereof (or access or other rights thereto) in connection with the Work, infringes or misappropriates the intellectual property rights of a third party. If any Work, Services, materials, or methodologies provided by Contractor hereunder is held to constitute, or in the City s reasonable judgment is likely to constitute, an infringement or misappropriation, the City may direct that Contractor: (i) procure the right for the City to continue using such Work, Services, or methodologies; (ii) replace such Work, Services, materials or methodologies with a non-infringing equivalent, provided that such replacement does not result in a degradation of the functionality, performance or quality of the Work; (iii) modify such Work, Services, materials or methodologies, or have such Work, Services, materials or methodologies modified, to make them non-infringing, provided that such modification does not result in a degradation of the functionality, performance or quality of the Work, Services, materials or methodologies; or (iv) create a feasible workaround that would not have any adverse impact on City. 16. DISPUTE RESOLUTION 16.1 At the City s sole election, any Claim arising out of or related to the Agreement shall be subject either to binding arbitration or litigation at the City s option. Prior to arbitration or litigation, the parties shall endeavor to resolve Claims or disputes in accordance with the terms of this Agreement If Claims are not resolved by negotiation, mediation, or otherwise, and the Owner elects arbitration, the arbitration shall be held in Atlanta, Georgia and shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently then in effect or such other similar rules and organization as the Owner may elect. The demand for arbitration shall be in writing and filed with the appropriate organization selected by the Owner and shall be served on the Contractor. The agreement to arbitrate shall be specifically enforceable under applicable law in any court having jurisdiction thereof. In any arbitration or litigation, the arbitrators or the Court shall have the jurisdiction to award the City costs, arbitrator fees, expert fees, and attorneys fees, and the arbitrators or the Court shall award all such fees to the City if it is the prevailing party Except at Owner s sole discretion and with its consent, no arbitration arising out of or relating to the Agreement shall include, by consolidation or joinder or in any other manner, any other person or entity, including but not limited to any of Contractor s subcontractors and suppliers, and any other separate contractors or suppliers. The Owner s consent or election to allow consolidation or joinder shall not constitute consent to arbitration of any Claim not subject to arbitration pursuant to this Contract Any award rendered by an arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof If the Owner does not elect arbitration, any Claims shall be resolved in Fulton County, Georgia Superior Court. Contractor hereby submits to jurisdiction and venue in Fulton County, Georgia, and waives all defenses based on a lack of jurisdiction and/or venue. Contractor acknowledges that this Agreement was negotiated, at least in part, in Fulton County, Georgia. In any arbitration or litigation, the arbitrators or the Court shall have the jurisdiction to award the City costs, arbitrator fees, expert fees, and attorneys fees, and the arbitrators or the Court shall award all such fees to the City if it is the prevailing party. 17. EXTENSIONS OF TIME AND DELAY Contractor shall not be entitled to payment or compensation of any kind from the City for indirect, impact, or delay damages, including but not limited to costs of delay, disruption, interference, ripple effect, unforeseen site conditions, loss of anticipated profits, impact or hindrance from any cause whatsoever (collectively Delay Damages ), whether such delay, disruption, interference, ripple effect, unforeseen site conditions, impact or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Contractor expressly waives and releases

39 any Claim for Delay Damages and agrees that Contractor s sole and exclusive remedy for any delay shall be an extension of time to perform the Work and Services required the Agreement Documents, which shall be administered in accordance with the requirements of Article MISCELLANEOUS 18.1 The law of the state of Georgia will govern the validity of this Agreement, its interpretation and performance, and any other claims related to it If any of the provisions contained in the Agreement Documents are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and the Agreement Documents will be construed as if such invalid, illegal, or unenforceable provision had never been contained herein Contractor shall not sell, transferor, or assign any or all of its respective rights and obligations under this Agreement to a third party without the City s written consent. Any attempted sale, transfer, or assignment of the rights or obligations of this Agreement shall be void and of no effect Articles 1, 4, 5, 7, 8, 9, 10, 11, 15, 16, 17, 18, 19, and 20 shall survive termination of this Agreement The Drawings or other Instruments of Service prepared by Contractor or its sub-tier contractors shall be owned by the City and may be used by the City on projects other than the Project(s) performed in connection with a Work Order issued per this Agreement Except as otherwise provided herein, all notices and other communications required or permitted to be given under this Agreement, including its Exhibits and Work Orders, shall be in writing, addressed to the parties at their respective addresses as provided below, and may be delivered in person, sent by overnight express mail or courier service, or by facsimile, or by certified mail postage prepaid, return receipt requested. The addresses of each party are as follows: City of Atlanta: Contractor: Each party may from time to time change its address for receipt of notices by sending notice thereof in the manner provided herein to the other Party The failure of the City to insist upon or enforce strict performance of any provision of this Agreement or to exercise any right under the Agreement Documents shall not be construed as a waiver or relinquishment of the City s right to assert or rely upon any such provision or right and/or any other requirement of the Agreement Documents The Agreement Documents constitute the entire agreement and supersede all prior written or oral understandings, and may only be changed by a written amendment to the Agreement executed by both the City and the Contractor Contractor acknowledges and agrees that it may be adequately compensated in money damages for any Claims arising from performance of the Agreement Documents. Accordingly, Contractor waives and releases any

40 right to assert a claim for quantum meruit, unjust enrichment, and any other equitable or quasi-contractual claim for relief that may be available under applicable law During the performance of this Agreement, Contractor agrees to comply with all provisions of Part 2, Chapter 2, Article X, Division 11, including Section through of the Code of Ordinances of the City of Atlanta, the Equal Business Opportunity ( EBO ) Program as may be hereafter amended No presumption of any applicable law relating to the interpretation of contracts against the drafter shall apply to this Agreement Contractor is an independent contractor of the City and nothing in this Agreement shall be deemed to constitute Contractor and the City as partners, joint venturers, or be construed as requiring or permitting the sharing of profits or losses. Except as expressly provided in Article 6.10, nothing in this Agreement shall be deemed to constitute Contractor and the City as principal and agent and neither party has the authority to represent or bind or create any legal obligations for or on behalf of the other party Contractor acknowledges that this Agreement and any changes to it by amendment, modification, Change Order or other similar document may have required or may require the legislative authorization of the City s Council and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning the City s ability to assume contractual obligations and the consequences of Contractor s provision of goods or Services to the City under an unauthorized contract, amendment, modification, Change Order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or Services. Accordingly, Contractor agrees that if it provides goods or Services to the City under a contract that has not received proper legislative authorization or if Contractor provides goods or Services to the City in excess of the any contractually authorized goods or Services, as required by the City s Charter and Code, the City may withhold payment for any unauthorized goods or Services provided by Contractor. Contractor assumes all risk of nonpayment for the provision of any unauthorized goods or Services to the City, and it waives and releases all claims to payment or to other remedies for the provision of any unauthorized goods or Services to the City, however characterized, including, without limitation, all remedies at law or equity. 19. CONFIDENTIAL INFORMATION Contractor agrees to preserve as strictly confidential all Confidential Information for two (2) years following the expiration or termination of this Agreement; provided, however, that Contractor s obligation for Confidential Information that constitutes trade secrets pursuant to applicable law will continue for so long as such Confidential Information continues to constitute a trade secret under applicable law. Any Confidential Information that may be deemed Sensitive Security Information by the Department of Homeland Security or any other similar Confidential Information related to security will be considered trade secrets. Upon request by City, Contractor will return any trade secrets to City. Contractor agrees to hold the Confidential Information of the City in trust and confidence and will not disclose it to any person, or use it (directly or indirectly) for its own benefit or the benefit of any other person other than in the performance of its obligations under this Agreement. Contractor will be entitled to disclose any Confidential Information if compelled to do so pursuant to: (i) a subpoena; (ii) judicial or administrative order; or (iii) any other requirement imposed upon it by applicable law. Prior to making such a disclosure, to the extent allowed pursuant to applicable law, the Contractor shall provide the City with thirty six (36) hours prior notice by facsimile of its intent to disclose, describing the content of the information to be disclosed and providing a copy of the pleading, instrument, document, communication or other written item compelling disclosure or, if not in writing, a detailed description of the nature of the communication compelling disclosure with the name, address, phone number and facsimile number of the person requesting disclosure.

41 20. ETHICS IN CONTRACTS 20.1 Gratuities and Kickbacks. In accordance with the City of Atlanta s Code of Ordinances, Section , as may be amended, it shall be unethical for any person to offer, give or agree to give any employee or former employee or for any employee or former employee to solicit, demand, accept or agree to accept from another person a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy or other particular matter pertaining to any program requirement or a contract or subcontract or to any solicitation or proposal therefor. Additionally, it shall be unethical for any payment, gratuity or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith as an inducement for the award of a subcontract or order Fraud and misrepresentations. Any written or oral information provided by Contractor directly or indirectly related to the performance of the Work required by this Agreement constitutes material representations upon which the City relies for the requirements of the Agreement and compliance with local, state and federal rules and regulations. Contractor agrees to immediately notify the City of any information provided to the City that it knows and/or believes to be false and/or erroneous and immediately provide correct information to the City and take corrective action. Contactor further agrees to immediately notify the City of any actions or information that it believes would constitute fraud or intentional misrepresentations to the City in the performance of this Agreement, whether or not such information actually constitutes fraud and/or intentional misrepresentations, by contacting the Integrity Line Contractor agrees to place signage provided by the City regarding the Integrity Line at the location to which Contractor s employees report to perform the Work required by this Agreement. Contractor acknowledges and agrees that a finding of fraud or other impropriety on the part of the Contractor or any of its subcontractors may result in suspension or debarment; and the City may pursue any other actions or remedies that the City may deem appropriate. Contractor agrees to include this clause in its subcontracts and take appropriate measures to ensure compliance with this provision. [Signatures on the following pages.]

42 The parties hereto by authorized representatives have executed this Agreement as of the Effective Date. The City of Atlanta Signature Block Options for Contractor: Corporate signature: Mayor [Insert Corporate Name] By: Attest: Municipal Clerk (Seal) Name: Title: Recommended: Chief Procurement Officer: Corporate Secretary/Assistant Secretary (Seal) Commissioner: Department of Watershed Management Limited Liability Company: [Insert LLC Name] Approved as to form: City Attorney By: Name: Title: Notary Public (Seal) My Commission Expires:

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45 EXHIBIT A TO CONSTRUCTION SERVICES AGREEMENT GENERAL SCOPE OF WORK

46 GENERAL SCOPE OF WORK SUMMARY OF WORK 1.01 DESCRIPTION A. Definition: General Conditions section is defined as the Annual Construction Services Agreement. B. The Work to be performed under this Contract consists of installation and replacement of small water meters and service lines on an on-demand basis as authorized by the Department of Watershed Management (DWM) in accordance with the General Conditions of this Contract. The Work consists of furnishing all labor, materials, tools, equipment, and incidentals required for small meter installation services throughout the City of Atlanta s water distribution system. The following material are an exception, and will be supplied by the City and made available to the Contractor to pick-up at a City designated facility: water meters up to 2 inches in size, AMR Device and antenna, water meter box and lid, water meter lid and frame (for applicable meters 1-1/2 inches up to 2 inches in size). C. The Work includes, but is not limited to installation, removal and replacement of meter boxes and lids, installation and replacement of ¾-inch, 1-inch, 1 ½-inch and 2-inch meters, furnishing, installing and abandoning service lines varying from 3/4-inch to 2- inches in diameter and removal and replacement and testing of automatic meter reading (AMR) devices and antennas; removal and replacement of asphalt/ concrete paving, sidewalks, curb and gutter, and driveways. All meters, meter boxes and lids (exception noted below), and AMR devices and antennas will be supplied by the City and made available to the Contractor to pick-up at a City designated facility. Masonry and Concrete meter boxes, when applicable are to be supplied or field constructed by the Contractor. The City shall supply only the cast iron meter box lid and lid frame for the masonry and concrete box applications. D. All work shall be as specified and in accordance with the City of Atlanta, Department of Watershed s Design Criteria and Standards Manual (latest edition). If there is a conflict with any section of these specifications the Design Criteria and Standards Manual, the Engineer shall determine which will govern PROJECT LOCATION The Work of this Contract is located in the City of Atlanta and Fulton County, Georgia in various locations throughout the City of Atlanta s water distribution system. The limits of this Work are not defined and the Work is intended to extend through the City s potable water distribution system. SOW-1

47 1.03 SCOPE OF WORK A. The Work to be completed under this Contract shall be authorized and issued by the DWM in accordance with the General Conditions of this Contract. The Work may consist of but is not limited to, all or some of the following: 1. Installing, retrofitting, removing and salvaging water meters 2-inch in size and smaller, AMR devices and antennas, meter boxes, frames and lids. 2. Furnishing and installing service laterals, valves, and fittings 2 in diameter and smaller. 3. Removing, replacing, relocating meter boxes, lids, and meter vaults for 2 meters and smaller. 4. Adjusting to grade and relocating water meters and appurtenances 2-inches in size and smaller. 5. Remove, replace, repair water meters, AMR devices and antennas. 6. Abandonment of existing water meters and service laterals. 7. Trenchless installation of service laterals up to and including 2-inches in diameter. 8. Temporary and permanent erosion and sedimentation control. 9. Traffic control and regulation during construction. 10. Pavement removal and replacement. 11. Disposal of all surplus or waste materials, unsuitable materials, and debris. 12. All associated miscellaneous Work, including site restoration, temporary water service, landscape replacement including grassing and sod replacement, repair, and cleanup. B. The Contractor shall furnish and install all labor, materials, equipment and incidentals which are reasonable, properly inferable and necessary for the proper completion of the Work, whether specifically indicated in the Contract Documents or not. C. The Contractor shall perform the Work complete, in place and ready for continuous service and shall include repairs, replacements and restoration required as a result of all damages that occur as a result of construction under this Contract. SOW-2

48 1.04 QUANTITIES A. Intentionally Omitted. B. The quantity of each small meter repair, replacement, or service pipe length and associated site restoration cannot be accurately predicted. Locations, quantities, and scope of effort will be as determined by the Engineer and as authorized in approved Work Orders. Quantities in the Bid Schedule are for bid comparison only and may be increased or decreased at the City's discretion without any additional compensation to the Contractor. C. Each location will be identified by the Engineer, including the scope of effort required. Upon completion and acceptance of each site in writing by the Project Manager, these individual sites shall be deemed to be completed and Warrantee of the individual site will commence CONDITIONS AT THE SITES A. The Contractor shall make all necessary investigations to determine the site conditions and any unique features that may affect the performance of the Work. At a minimum, this shall include submitting a utility locate request with the Georgia Utilities Protection Center (GA 811) at , and coordinating with all adjacent utility owners. B. The Contractor will be held responsible for any damage to and for maintenance and protection of existing utilities and structures. All required repairs/ restorations caused by Contractor s Work shall be completed by Contractor at no cost to the City PARTIAL CITY OCCUPANCY The existing facilities to which these improvements are being made will continue operation during the period of construction PART 2 PRODUCTS 2.01 PIPE MATERIALS A. Small water meters ranging is size from ¾-inch to 2-inches in diameter shall be as specified in Section 15074, Cold Water Displacement Type Water Meters of these specifications. B. Water mains 2-inches in diameter and smaller shall be copper pipe as specified in Section 02668, Service Connections of these specifications. SOW-3

49 C. The existing pipe material to which the pipe installed under this Contract may be connected to varies. It may be, but is not limited to copper, ductile iron, cast iron, steel, polyvinyl chloride, prestressed concrete or concrete. D. All like items shall be provided from the same manufacturer for the duration of the Contract, unless specifically approved in advance by the City. E. For Work performed under this Contract the City will furnish the following items to the Contractor: 1. ¾- inch, 1-inch, 1 ½-inch, and 2-inch meters, 2. Automatic meter reading (AMR) devices and antennas, 3. Cast iron or composite material meter boxes and lids for installation with ¾-inch and 1-inch meters. 4. Composite material meter boxes for installation with 1 ½-inch and 2-inch meters. 5. Cast iron meter lid and lid frame for applicable meter box installations with 1 ½- inch and 2-inch meters. PART 3 EXECUTION 3.01 WORK COORDINATION A. The Contractor shall coordinate his/her Work with all public and private utilities. The Contractor shall insure that all utilities in each street are field marked by the utility owner or designated agent prior to beginning any excavation in that street. B. The Contractor shall also coordinate his/her Work with owners of private and public property where access is required for the performance of the Work. Legal access will be acquired and provided by the Owner WORK FLOW A. The individual sites where the Work is to be accomplished will be conveyed to the Contractor via a City of Atlanta Work Order. The City shall issue Work Orders to the Contractor via electronic format or by hard copy. The Contractor shall return a signed copy of the Work Order acknowledging receipt of a notice to proceed prior to commencement of Work. B. Individual Work Orders shall be issued for Work to be done in a specific location and the scope of work to be completed at each location. SOW-4

50 C. Within two (2) working days of issuance of a Work Order to the Contractor, the Contractor shall submit to the City a Cost Estimate and Completion Schedule to be approved by the City for the scope of Work required by the Work Order. The cost for the Work shall be based upon the unit prices and billing rates provided for in the Bid Schedule. D. Time is of the essence regarding performance of the Work. The Contractor shall immediately notify the City of any deviation in the estimated cost and time to complete the Work designated in a Work Order. Failure to complete the Work within the completion schedule and cost may prevent the Contractor from being assigned additional Work. E. Upon completion of the Work Order, the Contractor shall notify the City of Atlanta immediately that all required Work for the Work Order has been completed and the Work is ready for final inspection by the Engineer. Each individual Work Order shall be considered complete upon final acceptance of Work by the Engineer. F. Contractor shall prepare and submit complete as-built records to the City for every Work Order issued. G. Contractor shall prepare and submit with every completed Work Order, record drawings, meter and AMR identification serial numbers, photographs of the completed installation, location of any tap made on the main, and other documentation as may be required by the City. Photographs shall also accompany each completed Work Order as required by Specification Section 01320, Construction Photography. H. Any Work reassigned to the Contractor by the City to correct measures due to defective materials or improper installation shall be issued and performed in accordance with the General Conditions of the Contract. I. Warranty of the individual site will commence in accordance with the General Conditions of this Contract PROSECUTION OF THE WORK A. As the Contractor pursues this Work, there may be a significant impact on public mobility, public safety, and the ability of the public to access their property. The Contractor shall perform the Work in a manner that minimizes the potentially negative impact of this Work on the public. B. As the Contractor pursues this Work, there may be a significant impact on public mobility, public safety, and the ability of the public to access their property. Contractor shall minimize the linear footage of area that it retains in disrepair in accordance with the approved Work schedule for each Work Order. SOW-5

51 1. The City will consider the closure of an excessive number of streets, poor planning of impact of street closure, or disrepair of significant area of the Work as grounds for the City to Order the Contractor to suspend the Work. 2. The Contractor will be required to manage traffic devices through the Project site and may be required to phase street closures with other contractors and/or city crews, public events, and athletic events etc. It is expected that the Contractor will manage his/her schedule with the flexibility to address any public impact and Contractor coordination issues with Work schedules. C. Before commencing of Work authorized by each Work Order, the Contractor shall submit a site specific Work Plan to the Engineer for approval. The Work Plan shall address the following: 1. Pre construction photos, survey, and video. 2. Required permits. Contractor shall acquire all permits before he starts Work as part of the planning phase. The Contractor shall be responsible for acquiring all federal, state, and local government required permits prior to commencement of Work. 3. The utilities in the area along with the proposed handling of each utility, temporary service, safety issues, staging of the Work associated with the utility, and proposed temporary signage. 4. The proposed traffic plan and schedule of Contractor operations including: a. Shut-downs, lane closures and changes; b. Proposed hauling times and haul routes. Hauling shall be planned such that it causes the least possible disruption including, but not limited to: i. Suspending hauling performed between the hours of 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM; or other hour limits as instructed by the Engineer. ii. Night shifts in non-residential areas. c. Installation and maintenance program for all: i. Temporary barricades and safety lighting, temporary striping; ii. Temporary signals and signage; SOW-6

52 iii. Steel plates and pavement patch installation (The Contractor shall include anticipated length of time road plates will be in place). d. Special event planning may also be required; e. Material removal and delivery will be planned such that: i. Truck traffic does not occur during rush hours; ii. All safety and staging guidelines are met; iii. Crews are not required to cross active traffic without a scheduled move and assisted by certified flagmen or police; iv. Equipment shall not swing across traffic or crews; v. There will be no stockpiling on private property. Stockpiles will be managed aggressively for safety, erosion, and run-off control. No stockpile may remain in the right of way overnight. f. There will be required notification to at least: i. City's Traffic Signal Division; ii. Residents and businesses; iii. Public Involvement Office and Security and/or Safety Managers for the City; iv. Police, Fire, Emergency, MARTA, Atlanta Board of Education (school bus managers) and the Atlanta Bureau of Cultural Affairs as required. g. Coordination for Special Events will be required such as, but not limited to: i. Sporting events; ii. Parades; iii. Security by City, State or Federal governments. D. Good neighbor policy will be part of the planning. It will include, at a minimum: 1. The time frame for having driveways obstructed shall be limited to two hours and coordinated with residents. SOW-7

53 2. Maintenance of facilities in a manner that promotes public safety including such items as: a. No open ditches after Work hours or at night; b. Secure and well maintained road plates; Road plates shall not remain for more than 72 hours. c. Where excavations are open, provide barricades with flashing lights, not tape; d. Providing fencing around pipe stored on site. Provide storage plan for pipe for Engineer review. Storage of pipe within the right of way will not be permitted; e. Staging areas will be kept clean, fenced, secure and guarded. Staging/ laydown area must be approved by the Engineer. 3. Temporary coordination and accommodation of mail or package delivery; garbage and recyclable pick-up, to the affected residents. 4. Daily maintenance and housekeeping of the project site. All lunch wrappings and small debris will be disposed of into barrels, which will be emptied daily. 5. Control of dust, mud, noise, and run-off to minimize impact and inconvenience to the public. a. At least one person shall be assigned to each construction exit within the basin to hose down the tires of construction vehicles to keep roads outside of the construction area free of dust and mud; b. Street will be kept scraped and clean; Storm drains will be protected from debris and mud. c. Compliance with all other State of Georgia, Environmental Protection Division (EPD) erosion and sediment control measures will apply. 6. Training of all workers in: a. Correct and accurate response to public inquiries and concerns; b. Quality Assurance, and Quality Control of current Work plans; c. Manners and housekeeping; d. Emergency procedures, conflict resolution, and safety. SOW-8

54 7. All temporary toilets (Port-a-Johns) will be discreetly located and secured. Toilets will be thoroughly serviced per the manufacture s recommendation. 8. No equipment will be left in front yards or in front of businesses in off-hours. No equipment will be left unattended and running during Work hours. No keys shall be left in equipment during off-hours. 9. No blasting materials will be left on site overnight, unless guarded by police. No blasting materials will be stored in residential neighborhoods or within 500 Yards of Schools, Railroads, DOT or MARTA facilities. Blasting plans must be approved by City and local governing authorities prior to blasting activities. 10. Garbage, yard waste and recycling pick-up for residents will be coordinated with Solids Waste Division of the Department of Public Works whenever disruption to service is caused. 11. Any damage or disruption to private property will be scheduled for corrective measures in accordance with the General Conditions. This Work will be at no cost to the City of Atlanta. This includes, but is not limited to: a. Replacing any damaged lawn with topsoil and sod within applicable planting seasons; any shrubbery or ornamental plantings with like plants; b. Selection and planting of like trees or shrubs or flowers and restoration of fences, mailboxes, retaining walls etc. comparable to or better than the "before" photos. Obtain residents sign-off; c. Replacing of sidewalks, driveway aprons, and curbing which is damaged. If any portion is damaged, sidewalks and curbing shall be replaced joint to joint. For driveway aprons, the entire apron shall be replaced SPECIAL CONDITIONS A. Intentionally Ommitted B. The number of full meter and associated service line installations may vary. The Contractor may be required to install as many as 50 full meters and service line installations per week or as little as none. The City reserves the right to increase these numbers. C. Contractor shall install meters in locations indicated in the Work Order. If the City does not select a location or the location selected is not a practical location, the Contractor shall immediately contact the Engineer for further direction before proceeding with Work. SOW-9

55 D. Contractor shall provide all safety equipment, training, and certified personnel in conjunction with the Work performed under this Contract END OF SECTION SOW SOW-10

56 EXHIBIT A.1 COMPENSATION TERMS AND FEE SCHEDULE

57 EXHIBIT A.2 WORK ORDER FORM

58 WORK ORDER NO. FOR PROJECT Contractor will complete the Services described below in accordance with the terms and conditions in the Construction Services Agreement. PROJECT: SERVICES UNDER WORK ORDER NO. : Contractor shall perform the Services for the purpose of [insert general description of Services to be performed], as more particularly described in the scope of work and accepted proposal from Contractor attached and incorporated herein as Exhibit 1 to this Work Order No., including the attached schedule of unit prices for performing the required Services. NOTICE TO PROCEED: [check one of the following provisions] Contractor shall commence Work within days of the date of this Work Order. Contractor shall commence Work within days of receipt of a Notice To Proceed Work issued by the City. TIME FOR COMPLETION: [identify with specificity all dates for Services from Contractor] a. Substantial Completion: b. Final Completion: c. Milestones: PAYMENT METHOD: Option 1: (Section 4.1.1); or Option 2: (Section 4.1.2) WORK ORDER MAXIMUM PAYMENT AMOUNT: [insert total amount of payment for this Work Order based on unit prices in Exhibit A.1] REQUIRED SUBMITTALS AND DOCUMENTATION: [INSERT ANY AND ALL DOCUMENTATION REQUIRED FOR SERVICES, INCLUDING ALL SHOP DRAWINGS, AS-BUILTS REQUIRED FOR FINAL ACCEPTANCE] LIST OF APPROVED MATERIALS AND EQUIPMENT: (IF REQUIRED FOR A WORK ORDER, LIST ALL APPROVED MANUFACTURERS AND EQUIPMENT PROVIDERS APPROVED IN CONTRACTOR S PROPOSAL) Work Order

59 FINAL ACCEPTANCE OF WORK REQUIREMENTS: [INSERT SPECIAL TERMS FOR FINAL ACCEPTANCE OF WORK, INCLUDING ANY SIGN OFFS, DELIVERABLES] CONFIRMATION THAT SERVICES AS LISTED ARE REQUESTED BY THE CITY By: Name: Title: Dated this day of, 20 CONFIRMATION OF SERVICE ASSIGNMENT ACCEPTED BY CONTRACTOR By: Name: Title: Dated this day of, 20 Work Order

60 EXHIBIT 1 TO WORK ORDER FORM SCOPE OF WORK/ACCEPTED CONTRACTOR PROPOSAL

61 SCHEDULE OF UNIT PRICES FOR CONSTRUCTION SERVICES FOR EXHIBIT A TO WORK ORDER FORM PERSONNEL: [LABOR CATEGORY] $ PER [LABOR CATEGORY] $ PER [list the labor categories and labor rates required to perform the Services per Exhibit A.1] MATERIALS: [list the unit prices for materials required to perform the Services per Exhibit A.1] OTHER REIMBURSABLE EXPENSES: [list the other reimbursable expenses required to perform the Services per Exhibit A.1]

62 EXHIBIT B LEGISLATION

63 EXHIBIT C SUPPLEMENTAL CONDITIONS AND TECHNICAL SPECIFICATIONS

64 FC-7314, ANNUAL CONTRACT FOR SMALL WATER METER INSTALLATIONS SUPPLEMENTAL CONDITIONS AND TECHNICAL SPECIFICATIONS SC-1 PRECONSTRUCTION SURVEY Contractor is expressly advised that the protection of buildings, structures, bridges, and related work adjacent and in the vicinity of its operations, wherever they may be, is solely its responsibility. Conditional inspection of buildings, bridges or other structures in the immediate vicinity of any blasting operations shall be performed by and be the responsibility of the Contractor. The inspection corridor shall extend within a 500-foot radius of any proposed blasting operations. The Contractor shall retain an independent consultant, specializing in preconstruction surveys, to conduct the required inspections. The Contractor shall have the independent consultant, before the Contractor starts blasting operations, make an examination of the interior and exterior of the adjacent structures, buildings, facilities, etc., and record by notes, measurements, photographs, etc., conditions which might be aggravated by blasting or other operations. Repairs or replacement of all conditions disturbed by the construction shall be made to the satisfaction of the owners or agents of adjacent buildings, structures, facilities, etc., and to the satisfaction of the Engineer. This does not preclude conforming to the requirements of the insurance underwriters. Two copies of surveys, photographs, videos, reports, etc., shall be given to the Engineer. Prior to the beginning of any excavations the Contractor shall advise the Engineer of all buildings or structures on which it intends to perform work or which performance of the project work will affect. The preconstruction survey will be performed by a firm specializing in performing such surveys. The qualifications and experience of the proposed consultant shall be submitted to the Engineer for approval prior to assignment of the Work. The Contractor s attention is directed to Section of the Technical Specifications. SC-2 RIGHT OF WAY AND CONSTRUCTION ACCESS The City will furnish all rights of way for the performance of work included in this Contract. Areas designated on the Contract Drawings as the Contractor's Work Area will be provided to the Contractor for the duration of construction, without charge. The Contractor will be responsible for observing the limits of the right-of-way and shall prohibit any work being done on or any damage to property outside the bounds of the right-of-way. Should the Contractor determine that additional work area is required to perform the Services within the limits of the Project, Contractor shall request and obtain the City s approval for additional work area, as a Change, pursuant to Article 8 of the Agreement. Any additional work area shall be obtained by the Contractor at the Contractor s convenience at no additional cost to the City. SC-1

65 SC-3 SAFETY AND HEALTH The Contractor shall comply with all applicable health and safety standards and provisions required by the City of Atlanta, Fulton County, State of Georgia, and the Federal Government and its regulatory agencies. The Contractor shall maintain an accurate record of all cases of death, occupational diseases, and injury requiring medical attention or causing loss of time from work arising out of and in the course of employment on work under the Contract. This project involves work in and around operating potable water systems. In these areas, the potential exists for toxic and/or explosive gases. The Contractor shall exercise caution when entering any confined space. The atmosphere shall be tested for oxygen levels and potential explosive conditions before entry. Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage, which may result from their failure or their improper construction, maintenance, or operation. Emergency telephone numbers (fire, medical and police) shall be posted at the Contractor s telephone. The location of the Contractor s telephone shall be known to all. Accidents shall be reported immediately to the Engineer. All accidents shall be documented and a full detailed report submitted to the Engineer after each accident. SC-4 LAYOUT OF THE WORK AND SURVEYS The Contractor shall exercise proper care and caution to verify the grades and figures given before proceeding with the work, and shall be responsible for any errors, damage, or defective work caused by his failure to exercise such care and caution. The Contractor shall promptly notify the Engineer of any errors or discrepancies he may discover in order that the proper corrections may be made. SC-5 DISPOSAL OF WASTE MATERIAL The disposal of all excavated material or spoil not required for use in the permanent work shall be the responsibility of the Contractor. The Contractor shall remove all excess excavated material or spoil from the site of the Work and dispose of the same in a legal manner at no additional cost to the City. Burning of debris on site will not be allowed. SC-6 REMOVAL OF CONDEMNED MATERIAL Material on the site, which has been determined by the Engineer to be unsuitable or not in conformity with the Contract documents shall be removed from the vicinity of the work without delay and disposed of in an approved area. SC-2

66 If the Contractor fails to do so within 48 hours after the receipt of notice, the condemned materials may be removed by the City and the cost of said removal shall be borne by the Contractor. SC-7 DETECTION OF MOVEMENT The Contractor is responsible for any movement of buildings or structures that may be affected by his work. The City will not assume any responsibility for alleged damages to any building or structure arising from the work performed under this Contract. SC-8 EXISTING UTILITIES SC-8.1 Verification of the Location of the Existing Utilities The Contractor s attention is directed to Section Coordination, of the Technical Specifications. SC-8.2 Work in Vicinity of Existing Utilities The Contractor s attention is directed to Section Coordination, of the Technical Specifications. SC-8.3 Access to Utilities Facilities The Contractor shall at all times permit free and clear access to the various affected facilities by personnel of the utility owners or operators who are working within the limits of work for the purpose of inspection, maintenance, or providing additional service requirements, and the construction of new facilities. When personnel of the utility owners or operators are working within the limits of work to be performed by Contractor, the Contractor will not be relieved of his responsibility for the maintenance and protection of such facilities. SC-9 WORK IN FLOOD PLAIN AREAS The Contractor shall comply with all regulations of Section of the Zoning Ordinance of the City of Atlanta concerning work in Flood Hazard Districts, and Fulton County Zoning Resolutions regarding Flood Protection. SC-10 MAINTENANCE OF TRAFFIC The Contractor shall provide, erect, maintain, and finally remove all barricades, danger warning and detour signs necessary to properly protect and divert traffic. All barricades and signs, including detour signs, shall be illuminated at night or when visibility is reduced. The Contractor will be held responsible for all damage to the Work due to failure of the signs and barricades to properly protect the Work from traffic, pedestrians, animals, and from all other sources, and whenever evidence of any such traffic is found upon the Work the Engineer will order that the SC-3

67 Work, if in his opinion it is damaged, be immediately removed and replaced by the Contractor at no additional cost to the City. The devices used will be in accordance with the Manual of Uniform Traffic Control Devices. Access to City streets and roads will be limited and will require the use of a uniformed off-duty City of Atlanta police officer to direct traffic or the installation of traffic control signals or both. The Contractor shall comply with the current City of Atlanta ordinances that require Contractors to obtain a permit for work involving blockage of a public street. Open pits, trenches, unpaved streets debris and other obstructions due to construction that will prevent the normal flow of traffic during an extended stoppage, for any reason, will not be permitted. In the event an extended construction stoppage is found to be necessary, the Contractor shall, at his own expense, provide normal traffic flow during the extended construction stoppage. Extended stoppage will be defined by the Engineer. The Contractor s attention is directed to Section of the Technical Specifications. SC-11 ENVIRONMENTAL PROTECTION SC-11.1 General Contractor shall conduct his operation in a manner to prevent pollution of the environment surrounding the area of work by every means possible and shall be responsible for furnishing all necessary items for fulfilling the work described herein. SC-11.2 Material Transport Contractor shall comply with Section of the Code of Ordinances of the City of Atlanta pertaining to the duties of the Contractor in hauling material over City owned rights-of-way. This includes but is not limited to, approval of proposed haul routes, prevention of dropping of materials or debris on the streets from trucks arriving and leaving the site, providing a suitable vehicle inspection and cleaning installation with permanent crew, and the removal of any material spilled in public areas at no additional cost to the local government agency. SC-11.3 Waste Materials No waste or erosion materials shall be allowed to enter natural or manmade water or sewage removal systems. Erosion materials from excavations, borrow areas, or stockpiled fill shall be contained within the work area. Contractor shall develop methods for control of waste and erosion, which shall include such means as filtration, settlement, and manual removal to satisfy the above requirements. SC-11.4 Burning No burning of waste or debris shall be allowed. SC-4

68 SC-11.5 Dust Control The Contractor shall at all times control the generation of dust by his operations. Control of dust shall be accomplished by water sprinkling or by other methods approved by the Engineer. SC-11.6 Noise Control The Contractor shall take every action possible to minimize the noise caused by his operation. When required by agencies having jurisdiction, noise-producing work shall be performed in less sensitive hours of the day or week as directed by the Engineer. The Contractor shall provide equipment that operates with the least possible noise. The use of noisy equipment is prohibited. Hoists and compressor plants shall be electrically operated unless otherwise permitted. The air intake of compressors shall be equipped with silencers, and machinery operated by gearing shall be provided with a type of gearing designed to reduce noise to a minimum. Internal combustion engines shall be equipped with mufflers in good order. Noise generated by mobile construction equipment, stationary construction equipment, and other equipment involved in the construction of the work shall not exceed the decibel levels indicated below. Noise generated by mobile and stationary construction equipment will be measured three to 6 feet from building lines, and on the A weighing network of Type-2 general purpose sound level meter set at fast response. Allowable Sound Levels of Mobile Construction Equipment From 7 a.m. to 10 p.m., Monday thru Saturday, except legal holidays At times other than those listed above Allowable Sound Levels of Stationary Construction Equipment From 7 a.m. to 10 p.m., Monday thru Saturday, except legal holidays At times other than those noted above Combined Residential and Commercial 85 dba 70dBA 70 dba 60 dba The Contractor shall assure compliance by measuring noise levels as may be required. SC-11.7 Use of Chemicals All chemicals used during construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or of other classification, must show approval of either EPA or FDA. Use of all such chemicals and disposal of residues shall be in conformance with instructions. SC-5

69 SC-11.8 By-Passing During Construction No wastewater shall be by-passed at sewage collection or treatment facilities during project construction unless a by-passing schedule has been approved by City and the Georgia Environmental Protection Division (EPD). It shall be the responsibility of the Contractor to prepare and secure the approval of any by-passing not specifically identified in the Contract Documents. SC-11.9 Responsibility for Spills and Accidental Discharges In the event that the Contractor causes or has a spill or accidental discharge for which the City is fined by the State of Georgia EPD, the Contractor agrees to remediate the spill or discharge immediately in accordance with current EPD regulations and to pay any fines assessed against the City and/or Contractor, and pay for the City s cost associated with efforts to remediate the situation. SC-12 RIGHT TO OPERATE As soon as any portion of the Work is completed, accepted by the Engineer and is ready for use, the City shall have the right to operate such portion upon written notice to the Contractor by the City. The City shall also issue a certificate of completion for that portion of the work. Guarantee period on that portion of work will begin upon issuance of certificate of completion for that portion. Testing of equipment and appurtenance and training of City's personnel as specified shall not constitute operation. The execution of the bonds shall constitute the consent of the surety. The Contractor shall provide an endorsement to his insurance permitting occupancy of the structures and use of equipment during the remaining period of construction. SC-13 LIST OF MATERIALS AND EQUIPMENT Unless otherwise provided in a Work Order, within 30 days after issuance of the Notice to Proceed and before any materials or equipment are purchased, and prior to start of construction, the Contractor shall submit for approval by the Engineer the names and addresses of the manufacturers, and their catalog numbers and trade names for all materials and equipment proposed to be incorporated into the work and listed under the following Sections of the Technical Specifications: Divisions 2, 3, 4, 5, 8 and 15 SC-6

70 The Contractor shall furnish other detailed information when so directed, under the various items. No consideration will be given to partial lists submitted from time to time except that approval of long delivery items of equipment may be requested individually. Items, which are not in accordance with the Specification requirements may be rejected. The Contractor shall furnish a statement giving a complete description of all points wherein the equipment he proposes to furnish does not comply with the Specifications as well as any exceptions he may take to the Specifications. Failure to furnish such statements will be interpreted to mean that the equipment meets all requirements of the Specifications. In the event the Contractor wishes to resubmit items of materials and equipment for review subsequent to obtaining approval as indicated above, then the Contractor shall pay the cost of the Engineering review of each such resubmittal including shop drawing review if this review has been performed. SC-14 [Intentionally Omitted] SC-15 PROJECT MEETINGS If requested by the Engineer, the Contractor shall attend regular periodic progress meetings. The progress meetings will be held at least every 30 days and may be scheduled at a more frequent interval by the Engineer if necessary. Progress meetings shall be held at a location designated by the Engineer. Progress meetings shall be attended by the Engineer, Contractor and Subcontractors as appropriate to the agenda, suppliers as appropriate to the agenda and others as required. The meeting agenda shall generally include review and approval of minutes of previous meeting, review of work progress since previous meeting, field observations, problems, and conflicts, problems which impede Construction Schedule, review of off-site fabrication and delivery schedules, corrective measures and procedures to regain project schedule, revisions to Construction Schedule, progress and schedule of the preceding work period, coordination of schedules, review of submittal schedules and status, status of requests for information, maintenance of quality standards, pending changes and substitutions, and other business. SC-16 [Intentionally Omitted] SC-17 COOPERATION WITH OTHER CONTRACTORS AND FORCES During progress of work under this Contract, it will be necessary for other contractors and persons employed by the City to work in or about the Project. The City reserves the right to put such other contractors to work and to afford such access to the Site of the work to be performed hereunder at such times as the City deems proper. The Contractor shall not impede or interfere with the work for such other contractors engaged in or about the Work and shall so arrange and conduct his work that such other contractors may complete their work at the earliest date possible. SC-7

71 When the Contractor and any contractor or subcontractor performing work under or pursuant to another City contract are employed on related or adjacent work, or are using the same materials source, storage area, or disposal area, the contractor shall be responsible to the other for any injury, damage, or loss caused the other by his operations, by his unnecessary delay or hindrance of the other's work, or by his failure to complete the Work or any portion thereof within the time specified for its completion. The Contractor shall indemnify and save harmless the City and the Engineer, and all officers and employees of the City connected with the work from all claims, suits, or actions of any nature brought on account of any injury, damage, or loss. Contractor's responsibilities under the preceding paragraph shall be not greater as to any injury, damage, or loss than those imposed on the Contractor or subcontractor under the comparable provision of this contract or subcontract. The Engineer will decide any disputed questions regarding the performance of the work, access and cleaning up of the site, and priority in all relations between the Contractor and other contractors in utility companies, and maintenance crews. The Contractor shall cooperate with all other contractors requiring access to the work for the purpose of maintenance of security, temporary facilities, cleaning of the site, and like matters requiring common effort. SC-18 EXTENDED SHIFT, WEEKEND AND HOLIDAY WORK The City observes the following holidays: New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day and following Friday, and Christmas Day. Should the Contractor deem it necessary to work on Saturdays, Sundays, holidays or longer than eight hours per shift in order to comply with his construction schedule, or because of any emergency, the Contractor shall request permission of the Engineer to do so at least 7 calendar days in advance or upon immediate awareness of an emergency. SC-19 PROJECT CLOSE-OUT As-Built records of the project are required to be submitted prior to close-out and final payment of Work Order. SC-20 EQUIPMENT SERVICE The Contractor shall furnish the services of a competent factory representative of the manufacturer of the equipment to be installed, for the purpose of supervising and/or inspecting the installation, placing the equipment in service, and calibrating and adjusting each item of equipment. Qualifications of the representative shall be appropriate to the type of equipment furnished and subject to the approval of the Engineer. SC-8

72 SC-21 CONCRETE POUR CARD An approved concrete pour card must be obtained by the Contractor prior to the placement of concrete. The card shall be as provided to the Contractor by the Engineer. The pour card shall be completed by the Contractor and approved by the Engineer before concrete is placed. SC-22 TIE-INS OR MODIFICATIONS TO EXISTING SYSTEMS Anytime the Contractor ties into or modifies an existing system, a detailed work plan shall be required. Submittal of this work plan must be a minimum of 30 days in advance of commencement of the subject work. This work plan shall include a detailed description of the work, a step-by-step plan of the modification or tie-in, a schedule, a detailed list of materials and equipment required, demonstrated communications capacity, and a listing of any gates or valves, which must be operated. Working drawings shall be submitted as required under the Technical Specifications for any permanent or temporary structural modifications. A temporary safety plan covering the period of the work, and a listing of contingency plans and supplies, including but not limited to spill prevention planning and spill containment kits, shall be required. A coordination meeting with the City, the Contractor, the Engineer and the Designer must be held at least 7 days prior to the commencement of the modification or tie-in. The day before the commencement of the modification or tie-in, a final coordination shall be held giving final detailed work assignments to all parties involved. The City and the Engineer have the right to require, at no additional cost to the City, stand-by equipment on any item(s) deemed critical enough to delay the work. The Contractor shall have available stand-by personnel to supplement the committed forces should problems arise. The Contractor is responsible for meeting all OSHA standards including entrance and exit safety, confined space entry, fall protection, scaffolding, rigging, etc. SC-23 ENCOUNTERING HAZARDOUS OR POTENTIALLY HAZARDOUS MATERIAL DURING CONSTRUCTION The Contractor shall provide all labor, materials, supplies and incidentals to protect onsite workers and the public from exposure to potentially hazardous substances, prevent spread of potentially contaminated or hazardous substances, notify the Engineer and stop all work until notified by the Engineer. An emergency situation or imminent hazard may include, but not be limited to, the following: 1. Buried drums or containers with unknown or known toxic contents 2. Groundwater or soils of unnatural color 3. Spills or leaks of chemicals, solvents or petroleum products SC-9

73 4. Unusual odors 5. Other perceived threats If a potentially hazardous substance is discovered during construction activities, do not remove it from the site. Leave the potentially hazardous substance in place and stop work in the immediate area. If the material appears to be leaking or spreading, the Contractor shall contain or abate the spread of the material. Take all measures to prevent the release of the material to the environment and protect all onsite workers and the public from the potential exposure. During the course of substance containment or evacuation of site personnel, the Contractor shall protect onsite workers, non workers and the general public from contact with or exposure to the contaminated substance or materials SC-24 [Intentionally Omitted] END OF SPECIAL CONDITIONS SC-10

74 SC-11

75 Annual Contract for Small Water Meter Installations TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS Coordination Construction Staking Regulatory Requirements Codes and Standards Measurement and Payment Construction Photography Project Document Tracking and Control System Quality Assurance/Quality Control Testing Laboratory Services Temporary Facilities Security and Safety Traffic Regulation Transportation and Handling DIVISION 2 SITE WORK Site Work Use of Explosives Clearing and Grubbing Temporary and Permanent Erosion and Sedimentation Control Rip Rap Sheeting, Shoring and Bracing Site Preparation Excavation Below Normal Grade and Crushed Stone Refill Jack and Bore Tunnel Installation Trench Excavation and Backfill Granite Curbs Granite Block Hexagonal Block Sidewalk Unit Pavers Concrete Sidewalks and Wheelchair Ramps Concrete Curbs and Gutters Manholes, Junction Basins, Catch Basins, and Inlets Polyethylene Encasement of Ductile Iron Pipe Water Mains and Accessories Temporary Water Mains and Accessories Water Service Connections Disinfection of Water Mains Removing and Replacing Pavement Trees, Plants and Ground Covers Site Restoration TS-1

76 Annual Contract for Small Water Meter Installations Landscape Plantings Seeding and Sodding DIVISION 3 - CONCRETE Concrete Formwork Concrete Reinforcement and Doweling Concrete Joints Cast In-Place Concrete Precast Concrete Structures Precast Meter Vaults Small Meters Grout Doweling Into Existing Concrete DIVISION 4 - MASONRY Masonry DIVISION 5 - METALS Miscellaneous Metal DIVISION 6 THROUGH 7 Not Used DIVISION 8 DOORS & WINDOW Access Hatches DIVISION 9 THROUGH 14 Not Used DIVISION 15 - MECHANICAL Cold Water Meters-Displacement Type Pipe Couplings Valves and Appurtenances DIVISION 16 Not Used TS-2

77 SECTION COORDINATION PART 1 - GENERAL 1.01 SUMMARY A. Coordinate execution of the Work with subcontractors and the Engineer as required to maintain operation of the existing facilities and satisfactory progress of the Work. B. Requirements of this Section will be in addition to those stated in the General Conditions. C. The Engineer may require a written explanation of the Contractor's plan for accomplishing separate phases of the Work. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 CUTTING AND PATCHING A. Carefully fit around, close up, repair, patch, and point around the work specified herein to the satisfaction of the Engineer. B. Do not cut or alter the work of any subcontractor, except with the written consent of the subcontractor whose work is to be cut or altered, or with the written consent of the Engineer. All cutting and patching or repairing made necessary by the negligence, carelessness or incompetence of the Contractor or any of its subcontractors, shall be done by, or at the expense of, the Contractor and shall be the responsibility of the Contractor COORDINATION A. The Contractor shall consult with the Engineer on a daily basis while performing demolition, excavation, or any other alteration activity. No water or sewer function, utility or structure shall be altered, shut off or removed unless approved in advance, and in writing, by the Engineer. The Contractor shall give the Engineer at least 72 hours (three business days) advanced notice, in writing, of the need to alter, shut off or remove such function. B. Coordinate the Work with the Engineer and revise daily activities if needed so as to not adversely affect system operations. Such revisions in the proposed work

78 schedule will be accomplished with no additional compensation to the Contractor OWNER S RESPONSIBILITIES All existing water system valves shall be located, uncovered as necessary and operated by the Contractor only with the authorization and direct supervision of the Owner PROTECTION AND RESTORATION OF WORK AREA A. General: Return all items and all areas disturbed, directly or indirectly by work under these Specifications, to their original condition or better, as quickly as possible after work is completed. 1. The Contractor shall plan, coordinate, and prosecute the work such that disruption to personal property and business is held to a practical minimum. 2. All construction areas abutting lawns and yards of residential or commercial property shall be restored promptly. Backfilling of underground facilities, ditches, and disturbed areas shall be accomplished on a daily basis as work is completed. Finishing, dressing, and grassing shall be accomplished immediately thereafter, as a continuous operation within each area being constructed and with emphasis placed on completing each individual yard or business frontage. Care shall be taken to provide positive drainage to avoid ponding or concentration of runoff. 3. Handwork, including raking and smoothing, shall be required to ensure that the removal of roots, sticks, rocks, and other debris is removed in order to provide a neat and pleasing appearance. 4. The Engineer shall be authorized to stop all work by the Contractor when restoration and cleanup are unsatisfactory and to require appropriate remedial measures. B. Man-Made Improvements: Protect, or remove and replace with the Engineer's approval, all fences, walkways, mail boxes, pipe lines, drain culverts, power and telephone lines and cables, property pins and other improvements that may be encountered in the Work. C. Cultivated Growth: Do not disturb cultivated trees or shrubbery unless approved by the Engineer. Any such trees or shrubbery which must be removed shall be heeled in and replanted under the direction of an experienced nurseryman. D. Cutting of Trees: Do not cut trees for the performance of the work except as absolutely necessary, and approved prior to construction activity, in writing by the Engineer. Protect trees that remain in the vicinity of the work from damage from

79 equipment. Do not store spoil from excavation against the trunks. Remove excavated material stored over the root system of trees within 30 days to allow proper natural watering of the root system. Repair any damaged tree over 3-inches in diameter, not to be removed, under the direction of an experienced nurseryman. All trees and brush that require removal shall be promptly and completely removed from the work area and disposed of by the Contractor. No stumps, wood piles, or trash piles will be permitted on the work site. E. Disposal of Rubbish: Dispose of all materials cleared and grubbed during the construction of the Project in accordance with the applicable codes and rules of the appropriate county, state and federal regulatory agencies. F. Swamps and Other Wetlands 1. The Contractor shall not construct permanent roadbeds, berms, drainage structures or any other structures which alter the original topographic features within the easement. 2. All temporary construction or alterations to the original topography will incorporate measures to prevent erosion into the surrounding swamp or wetland. All areas within the easement shall be returned to their original topographic condition as soon as possible after work is completed in the area. All materials of construction and other non-native materials shall be disposed by the Contractor. 3. The Contractor shall provide temporary culverts or other drainage structures, as necessary, to permit the free migration of water between portions of a swamp, wetland or stream which may be temporarily divided by construction. 4. The Contractor shall not spread, discharge or dump any fuel oil, gasoline, pesticide, or any other pollutant to adjacent swamps or wetlands. G. Refer to Section 02920, Site Restoration 3.05 WATER FOR CONSTRUCTION PURPOSES A. All water required for construction shall be furnished by the Owner. It shall be available by connecting to the Owner s water system at a point approved by the Engineer. There shall be installed at every connection to the Owner s water supply, a water meter with backflow preventer meeting the requirements of the City. The Contractor shall meter all water usage. The Contractor shall notify the City one week in advance prior to connecting to the water system. B. A total of the metered water used shall be submitted to the Engineer with each application for payment

80 3.06 EXISTING UTILITIES AND OBSTRUCTIONS A. The Drawings indicate utilities or obstructions that are known to exist according to the best information available. The Contractor shall call the Utilities Protection Call Center (811) ( ) as required by Georgia Law (O.C.G.A. Sections through ) and shall call all utilities, agencies or departments that own and/or operate utilities in the vicinity of the construction work site at least 72 hours (three business days) prior to construction to verify the location of the existing utilities. A substitute City of Atlanta Ordinance adopted March 13, 1978 requires Contractors to contact each gas company maintaining underground gas pipes or facilities within the city limits prior to the start of excavation work by blasting or mechanized excavating equipment. B. Representations of exisiting utilities, facilities, and structures in the Contract Documents are based upon the best available information. The City and the Designer willnot be responsible for the completeness or accuracy thereof nor for any deductions, interpretations, or conclusions drawn therefrom. The Contractor shall verify to his own satisfaction by test or other means, the actual location of exisiting utilities prior to construction in their vicinity. C. Existing Utility Locations: The following steps shall be exercised to avoid interruption of existing utility service. 1. Provide the required notice to the utility owners and allow them to locate their facilities according to Georgia law. Field utility locations are valid for only 10 days after original notice. The Contractor shall ensure, at the time of any excavation, that a valid utility location exists at the point of excavation. 2. Expose the facility, at the location of tie-in or crossing in advance of service line construction, to verify its true location and grade. Repair, or have repaired, any damage to utilities resulting from locating or exposing their true location. 3. Avoid utility damage and interruption by protection with means or methods recommended by the utility owner. 4. Maintain a log identifying when phone calls were made, who was called, area for which utility relocation was requested and work order number issued, if any. The Contractor shall provide the Engineer an updated copy of the log bi-weekly, or more frequently if required. D. Conflict with Existing Utilities Should the Contractor in the course of his operations encounter any underground utilities the presence of which is not previously known, or a different type than

81 shown, he shall immediately notify the Engineer and take all necessary precautions to protect the utility and maintain continuance of service. 1. Horizontal Conflict: Horizontal conflict shall be defined as when the actual horizontal separation between a utility, main, or service and the proposed water main does not permit safe installation of the water main by the use of sheeting, shoring, tieing-back, supporting, or temporarily suspending service of the parallel or crossing facility. The Contractor may change the proposed alignment of the water main to avoid horizontal conflicts if the new alignment remains within the available right-of-way or easement, complies with regulatory agency requirements and after a written request to and subsequent approval by the Engineer. Where such relocation of the water main is denied by the Engineer, the Contractor shall arrange to have the utility, main, or service relocated. 2. Vertical Conflict: Vertical conflict shall be defined as when the actual vertical separation between a utility, main, or service and the proposed water main does not permit the crossing without immediate or potential future damage to the utility, main, service, or the water main. The Contractor may change the proposed grade of the water main to avoid vertical conflicts if the changed grade maintains adequate cover and complies with regulatory agencies requirements after written request to and subsequent approval by the Engineer. Where such relocation of the water main is denied by the Engineer, the Contractor shall arrange to have the utility, main, or service relocated. 3. If required, and as determined by the Engineer the Contractor will notify all public utility corporations, jurisdictional agencies, or other owners to make all necessary adjustments to public utility fixtures and appurtenances within or adjacent to the limits of construction. Delays and additional cost resulting from a failure of the Contractor to notify the utility or to provide adequate notice to the utility shall be at no additional cost to the City, when such facilities are indicated in the Contract Documents, and in such case, no extension of time will be granted for delays caused by utility adjustments. 4. Damage caused by utilities either directly ot indirectly by the Contractor shall be repaired and the facilities restored to their original condition to the satisfaction of the Engineer and the utility owner, at no additional cost to the City. E. Electronic Locator: The Contractor shall have available, at all times, an electronic pipe locator and a magnetic locator, in good working order, to aid in locating existing pipe lines or other obstructions. F. Water and Sewer Separation 1. Water mains should maintain a minimum 10 foot edge-to-edge separation from sewer lines, whether gravity or pressure. If the main cannot be installed in the

82 prescribed easement or right-of-way and provide the 10 foot separation, the separation may be reduced, provided the bottom of the water main is a minimum of 18-inches above the top of the sewer. Should neither of these two separation criteria be possible, the water main shall be installed below the sewer with a minimum vertical separation of 18-inches. 2. The water main, when installed below the sewer, shall be encased in concrete with a minimum 6-inch concrete depth to the first joint in each direction. Where water mains cross the sewer, the pipe joint adjacent to the pipe crossing the sewer shall be cut to provide maximum separation of the pipe joints from the sewer. 3. No water main shall pass through, or come in contact with, any part of a sanitary sewer manhole CONSTRUCTION OPERATIONS A. Perform all work along all streets and roadways to minimize interference with traffic. B. Trenching, Laying and Backfilling: Do not open the trench any further ahead of pipe laying operations than is necessary. Backfill and remove excess material immediately behind laying operations. Complete excavation and backfill for any portion of the trench in the same day. C. Construction operations shall be limited to 400 feet along the water main route, including clean-up and utility exploration. D. The Contractor shall insure that all work areas and roadways are free from excess excavated material, debris, mud, soil, rocks etc. at the end of each work day. Contractor shall be responsible for sweeping all areas at the end of each work day. E. The Contractor shall at all times permit free and clear access to the various affected facilities by personnel of the utility owners or operators who are working within the limits of work for the purpose of inspection, maintenance, or providing additional service requirements, and the construction of new facilities. When personnel of the utility owners or operators are working within the limits of work to be performed by Contractor, the Contractor will not be relieved of his responsibility for the maintenance and protection of such facilities END OF SECTION

83 SECTION CONSTRUCTION STAKING PART 1 GENERAL 1.01 SCOPE A. Construction staking shall include all of the surveying work required to layout the Work and control the location of the finished Project. The Contractor shall have the full responsibility for constructing the Project to the correct horizontal and vertical alignment, as shown on the Drawings, as specified, or as ordered by the Engineer. B. The Contractor shall assume all costs associated with rectifying work constructed in the wrong location. C. Work under this Section also includes surveying work required to prepare Record Drawings as specified herein QUALITY ASSURANCE A. The Contractor shall hire, at the Contractor's own expense, a Surveyor with current registration in the State of Georgia, acceptable to the Owner, to provide project construction staking and confirmation of the vertical and horizontal alignment. B. Any deviations from the Drawings shall be confirmed by the Engineer prior to construction of that portion of the Project SUBMITTALS A. Submit name and address of Registered Surveyor to Engineer. B. On request of Engineer, submit documentation to verify accuracy of construction staking. C. Submit record drawings in accordance with PART 3 of the Section. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION

84 3.01 PROJECT CONDITIONS The Drawings provide the location of principal components of the Project. The Engineer may order changes to the location of some of the components of the Project or provide clarification to questions regarding the correct alignment GENERAL A. From the information shown on the Drawings and the information to be provided as indicated in paragraph 3.01 above, the Contractor shall: 1. Be responsible for establishing GPS control coordinate control system, setting reference points and/or offsets, establishment of baselines, and all other layout, staking, and all other surveying required for the construction of the Project. a. The horizontal position of all points shall be referenced to the North American datum of 1983 (1986 adjustment) in the Georgia State Plane West 1002 Coordinate System. b. The vertical position of all points shall be referenced to the North American Vertical datum of c. All coordinate values shall be delivered as grid coordinates in US Survey Feet. d. The minimum data accuracy required for all record drawings shall be +/ USFT (one tenth of one foot). 2. Safeguard all reference points, stakes, grade marks, horizontal and vertical control points, and shall bear the cost of re-establishing same if disturbed. 3. Stake out the limits of construction to ensure that the Work does not deviate from the indicated limits. 4. Stake out the pipeline horizontal and vertical alignment. 5. Be responsible for all damage done to reference points, baselines, center lines and temporary bench marks, and shall be responsible for the cost of re-establishment of reference points, baselines, center lines and temporary bench marks as a result of the operations. 6. Maintain a complete, accurate log of all control and survey work as it progresses. B. Baselines shall be defined as the line to which the location of the Work is referenced, i.e., edge of pavement, road centerline, property line, right-of-way or survey line

85 3.03 STAKING PRECISION A. The precision of construction staking shall match the precision of components location indicated on the Drawings. Staking of utilities shall be done in accordance with standard accepted practice for the type of utility. B. The precision of construction staking required shall be such that the location of the water main or sewer or storm drain can be established for construction and verified by the Engineer. Where the location of components of the water main or sewer or storm drain, ( i.e. fittings, valves, manholes, road crossings, etc.) are not dimensioned, the establishment of the location of these components shall be based upon scaling these locations from the Drawings with relation to readily identifiable land marks, i.e. survey reference points, power poles, manholes etc. C. Paved Surfaces: The Contractor shall establish a reference point for establishing and verifying the paving subgrade and finished grade elevations. Any variance with grades shown on the Drawings shall be identified by the Contractor and confirmed by the Engineer prior to constructing the base. D. The Contractor s attention is directed to Section 01040, Coordination, Paragraph RECORD DRAWINGS A. Water Mains and Meters 1. The Contractor shall submit record drawings which show the final installed location of the water main, fire hydrants, water meter, and survey data for all installed pipe, valves and fittings, tunnel and casing limits and service connections. Survey data shall consist of final coordinates for all valves, tunnel and casing limits and main tap locations for service connections (all sizes), final coordinates for fittings on service connections 3-inches in diameter and greater, and center line of pipe at points every 500 feet along the length of pipe installed. 2. In addition, the location of all valves, hydrants, fittings, and main tap location for service connections shall be indicated by at least 2 ties (measured distances) from permanent fixed objects within the public right of way, as accepted by the Engineer, to allow the Owner to locate the water main and components in the future without the use of GPS instruments. B. Sewers and Storm Drains 1. The Contractor shall submit record drawings which show the final installed location of the sewer and storm drain and survey data for all installed sewer and storm drain pipe, tunnel and casing limits and service connections. Survey data

86 shall consist of final coordinates for all manholes, catch basins, tunnel and casing limits and service connections and invert elevations for all manholes, catch basins and other structures. 2. In addition, the location or station of all sewer service connection tie-in points to the main line sewer shall be indicated on the Drawings, as accepted by the Engineer, to allow the Owner to locate the service connections in the future without the use of GPS instruments. C. The record drawings shall also indicate the horizontal and vertical location, dimensions and materials of all utilities encountered during excavation. D. Two full size hard copies of record drawings shall be furnished to the Engineer for review. Each record drawing shall be stamped with the name of the Contractor, signed and dated by the Contractor s Project Manager and signed, sealed and dated by the Surveyor. Also provide two compact disks containing signed and sealed PDFs of the final record drawings and survey, and a pint file of the survey END OF SECTION

87 SECTION REGULATORY REQUIREMENTS PART 1 GENERAL 1.01 SCOPE A. Permits and Responsibilities: The Contractor shall be responsible for complying with all applicable federal, state, county and municipal laws, codes and regulations, in connection with the prosecution of the Work and for obtaining any and all permits including but not limited to National Pollution Discharge Elimination System (NPDES) General Permits for storm water discharges from the Work site. B. Anticipated permits and applications for this project are identified in Part 3 of this Section. C. Contractor shall comply with all requirements of the permitting authority, whether permits were obtained by the Contractor or not. PART 2 PRODUCTS (NOT APPLICABLE) PART 3 EXECUTION 3.01 NPDES PERMITS FOR STORM WATER DISCHARGES The Contractor shall comply with the provisions of the Authorization to Discharge under the National Pollutant Discharge Elimination System (NPDES), Storm Water Discharges Associated with Construction Activity for Infrastructure Construction Projects, Georgia Environmental Protection Division General Permit No. GAR , including but not limited to filing permit applications, filing Notice of Intent (NOI), filing Notice of Termination (NOT), performing inspections and monitoring and performing record keeping as required GDOT, SANDY SPRINGS, AND FULTON COUNTY ENCROACHMENT PERMITS A. Several portions of this project will be constructed within right of ways under the jurisdiction of GDOT, the City of Sandy Springs, and South Fulton County. B. The Engineer, in conjunction with the Contractor, will submit permit applications to GDOT, the City of Sandy Springs, and Fulton County for Right of Way Encroachment for installation of water main and appurtenances and cross connections to existing water

88 mains within the associated right of ways CITY LANE CLOSURE PERMITS The Contractor, will submit permit applications to the City s Department of Public Works, Office of Transportation for all lane closures required for completion of the project. Refer to Section 01550, Traffic Regulation OTHER PERMITS The Contractor shall submit applications for and obtain all other permits required in conjunction with completion of the Work of the Contact GENERAL A. The Contractor shall pay for all remaining permits, fees and licenses required for construction of the Project. B. The Contractor shall examine all permits and conform to the requirements contained therein, including the purchase of additional bonds or insurance as specified therein, and such requirements are hereby made a part of these Contract Documents as though the same were set forth herein. Failure to examine the permit and agreement applications will not relieve the Contractor from compliance with the requirements stated therein. C. Payment for all permit fees required for construction of the Project shall be reimbursed to the Contractor under an Allowance Item END OF SECTION

89 SECTION CODES AND STANDARDS PART 1 GENERAL 1.01 DESCRIPTION A. Whenever reference is made to conforming to the standards of any technical society, organization, body, code or standard, it shall be construed to mean the latest standard, code, specification or tentative specification adopted and published at the time of advertisement for Bids. This shall include the furnishing of materials, testing of materials, fabrication and installation practices. In those cases where the Contractor's quality standards establish more stringent quality requirements, the more stringent requirement shall prevail. Such standards are made a part hereof to the extent which is indicated or intended. B. The inclusion of an organization under one category does not preclude that organization s standards from applying to another category. C. In addition, all work shall comply with the applicable requirements of local codes, utilities and other authorities having jurisdiction. D. All material and equipment, for which a UL Standard, an AGA or NSF approval or an ASME requirement is established, shall be so approved and labeled or stamped. The label or stamp shall be conspicuous and not covered, painted, or otherwise obscured from visual inspection. E. The standards which apply to this Project are not necessarily restricted to those organizations which are listed in paragraph 1.02 of this Section STANDARD ORGANIZATIONS A. Piping and Valves: ACPA ANSI ASME AWWA CISPI DIPRA FCI MSS NCPI NSF PPI American Concrete Pipe Association American National Standards Institute American Society of Mechanical Engineers American Water Works Association Cast Iron Soil Pipe Institute Ductile Iron Pipe Research Association Fluid Controls Institute Manufacturers Standardization Society National Clay Pipe Institute National Sanitation Foundation Plastic Pipe Institute

90 B. Materials: AASHTO ANSI ASTM American Association of State Highway and Transportation Officials American National Standards Institute American Society for Testing and Materials C. Painting and Surface Preparation: NACE SSPC National Association of Corrosion Engineers Steel Structures Painting Council D. Aluminum: AA AAMA Aluminum Association American Architectural Manufacturers Association E. Steel and Concrete: ACI AISC AISI CRSI NRMA PCA PCI American Concrete Institute American Institute of Steel Construction American Iron and Steel Institute Concrete Reinforcing Steel Institute National Ready-Mix Association Portland Cement Association Pre-stressed Concrete Institute F. Welding: ASME AWS American Society of Mechanical Engineers American Welding Society G. Government and Technical Organizations: APHA APWA ASCE ASQC ASSE CFR CSI EPA FS ISEA ISO ITE MUTCD American Public Health Association American Public Works Association American Society of Civil Engineers American Society of Quality Control American Society of Sanitary Engineering Code of Federal Regulations Construction Specifications Institute Environmental Protection Agency Federal Specifications Industrial Safety Equipment Association International Organization for Standardization Institute of Traffic Engineers Manual of Uniform Traffic Control Devices

91 NBFU NFPA NBS OSHA SPI USDC WEF National Board of Fire Underwriters National Fluid Power Association National Bureau of Standards Occupational Safety and Health Administration Society of the Plastics Industry, Inc. United States Department of Commerce Water Environment Federation H. Roadways: AREMA American Railway Engineering and Maintenance of-way Association GDOT Georgia Department of Transportation I. Plumbing: AGA PDI SPC American Gas Association Plumbing Drainage Institute SBCC Standard Plumbing Code J. Equipment: AFBMA AGMA OPEI PTI Anti-Friction Bearing Manufacturers Association, Inc. American Gear Manufacturers Association Outdoor Power Equipment Institute, Inc. Power Tool Institute, Inc SYMBOLS Symbols and material legends shall be as scheduled on the Drawings. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION

92 SECTION MEASUREMENT AND PAYMENT PART I GENERAL 1.01 SCOPE A. Work includes furnishing of all labor, tools, materials, and performing all operations required to complete the Work satisfactorily, in-place, as specified in the Work Orders and as directed by the Engineer. The following material are an exception, and will be supplied by the City and made available to the Contractor to pick-up at a City designated facility: water meters up to 2 inches in size, AMR Device and antenna, water meter box and lid, water meter lid and frame (for applicable meters 1-1/2 inches up to 2 inches in size). B. All costs of required items of work and incidentals necessary for the satisfactory completion of the Work shall be considered as included in the Total Bid. The cost of work not directly covered by the pay items shall be considered incidental to the contract and no additional compensation shall be allowed. C. The Contractor shall take no advantage of any apparent error or omission on the Drawings, Specifications, or within the Contract document. The Engineer shall be permitted to make corrections and interpretations as deemed necessary for fulfillment of the intent of the Contract Documents SUBMITTALS A. The Contractor shall submit to the Engineer for approval, in the form directed or acceptable to the Engineer, a complete schedule of values of the various portions of the Work, including quantities and unit prices, aggregating the Contract Price. An unbalanced breakdown providing for overpayment to the Contractor on items of Work, which would be performed first, will not be approved. B. Submit application for payment on a form approved by the Engineer. Form shall contain unit price items, lump sum items and allowance items in accordance with the Bid Schedule UNIT PRICE ITEMS A. Payment for all work shall be in accordance with the unit price bid items contained in the Bid Schedule and shall be full compensation for all labor, materials, and equipment required to furnish, install, construct, and test the Work covered under the unit price bid item. Work for which there is no price schedule item will be considered incidental to the Work and no additional compensation shall be allowed

93 B. Payment will be made only for the actual quantities of Work performed in compliance with the Drawings and Specifications. The Contractor will be paid an amount equal to the approved quantity times the applicable unit price. Any unused balance of the unit price work shall revert to the City upon completion of the project. C. Intentionally Omitted. D. Payment shall include pick-up and return delivery of materials that are indicated to be provided by the City, items unused or items to be salvaged. The items shall be picked-up or delivered at the Contractors expense to a location as directed by the City. Locations may include but are not limited to: 1. City Fourteenth Street Warehouse Facility: th Street Atlanta, GA City Pipeyard Warehouse Facility: 2750 Peyton Rd NW Atlanta, GA LUMP SUM ITEMS A. Payment of lump sum items established in the Contractor s Bid shall be full compensation for all labor, materials, and equipment required to furnish, install, construct, and test the Work covered under the lump sum bid items. B. Payment of the lump sum items established in the Contractor's Bid shall also fully compensate the Contractor for any other work which is not specified or shown, but which is necessary to complete the Work. C. The lump sum items shall be specifically subdivided by activity, broken-out in the Bid Schedule. D. Payments for the lump sum items specifically broken-out in the Bid Schedule will be based upon physical progress for each activity in accordance with the breakdown of the Lump Sum prices agreed to in the Agreement Documents MEASUREMENT OF QUANTITIES A. Final payment quantities shall be determined from the record drawings and daily reports. The record drawing lengths, dimensions and quantities, etc. shall be determined by a survey after completion of all required work. The precision of final payment quantities shall match the precision shown for that item in the Bid Schedule. Measurements will be taken according to the United States standard measurements and in the manner as specified in these Specifications. B. Measurement Devices:

94 1. Scales shall be inspected, tested, and certified by the applicable Weights and Measures Department within the past year and shall be of sufficient size and capacity to accommodate the conveying vehicle; 2. Metering devices shall be inspected, tested, and certified by the applicable department within the past year; 3. Volume shall be determined by cubic dimension by multiplying mean length by mean width by mean height or thickness. 4. Area shall be determined by square dimension by multiplying mean length by mean width or height; 5. Linear measurement shall be measured by linear dimension, along the item centerline or mean chord; 6. Stipulated price measurement shall include items measured by number, weight, volume area, length or combination thereof as appropriate: Item AC AL CY EA GAL HR LB LF LS SF SY TON VF Method of Measurement Acre - Field Measure Allowance Cubic Yard - Field Measure within limits specified or shown, or measured in vehicle by volume, as specified Each - Field Count Gallon - Field Measure Hour Pound(s) - Weight Measure by Scale Linear Foot - Field Measure Lump Sum - Unit is one; no measurement shall be made Square Foot Field Measure Square Yard Field Measure Ton - Weight Measure by Scale (2,000 pounds) Vertical Foot - Field Measure C. General 1. No separate or additional payment shall be made for the requirements contained in the Special Conditions of the Contract Documents. The cost for complying with these requirements shall be included in the unit price bid for the items to which they pertain. 2. No separate or additional payment shall be made for the requirements contained in the individual specification sections contained in the Technical Specifications of these Contract Documents. The cost for complying with these requirements shall be included in the unit price bid for the items to

95 which they pertain. 3. No separate or additional payment shall be made for mobilization and demobilization of the Project Site. The cost for mobilization and demobilization shall be included in the unit price bid for the items to which it pertains. SECTION 1 BID ITEMS 1.06 ITEM 1 REPLACE/INSTALL DROP-IN METER A. Measurement for payment for replacing or installing a drop in meter, of the sizes specified in the Bid Schedule, will be on a per each basis for the actual number of water meters installed, complete and in place and accepted by the Engineer. B. Payment 1. Payment for replacing or installing a drop in meter, of the sizes specified in the Bid Schedule, will be made at the unit price per each established in the Bid Schedule. These prices will be full compensation for all labor, material (exception below), and equipment necessary for replacement or installation of a drop in meter and AMR device with antenna, complete in place, including but not limited to, documenting final reading of existing meter, removal and salvage of existing meter, installation of valves, fittings, yoke and yoke valves, meter, and test to confirm flow through meter and that meter is registering flow (bucket test), traffic control, all else incidental for which separate payment is not provided under other items in the Bid Schedule. The following materials are an exception, and will be supplied by the City and made available to the Contractor to pick-up at a City designated facility: water meters and separate AMR devices with antenna. Contractor shall document the size of the meter and register separately, and confirm the sizes are the same (example: ¾ register and ¾ meter, not ¾ register and 5/8 meter). 2. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below existing grade, the meter box lid being level with existing surface grade, with antenna placed on the meter box lid. 3. Payment shall include the Contractor picking up the meter and AMR device with antenna from a location designated by the City, transporting the items to the site and installing the items, complete in place, and returning salvaged items to a location designated by the City

96 1.07 ITEM 2 INSTALL NEW WATER SERVICE BASE PACKAGE A. Measurement for payment for furnishing and installing water services and meters, of the sizes specified in the Bid Schedule, will be on a per each basis for the actual number of water services installed from a water main, complete and in place and accepted by the Engineer. Base package unit bid price shall include up to 20-feet of service line. B. Payment 1. Payment for furnishing and installing water services and meter, of the sizes specified in the Bid Schedule, will be made at the unit price per each established in the Bid Schedule and will be full compensation for the complete installation and testing of the water service from the water main to the meter and a confirmed electronic meter read. 2. Payment shall include full compensation for all labor, and materials necessary for installation of a water service line complete in place, including but not limited to tapping water main, corporation stop, service line piping from the tap to the meter, casing if installed, tracer wire, curb stop, and all other fittings and items as required by the Contract Documents including connection to the meter, restoration, traffic control, and all else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. 3. Payment shall include full compensation for all labor, materials (exception below), and equipment necessary for installation of a meter and AMR device with antenna, complete in place, including but not limited to, valves, fittings, yoke and yoke valves, meter, test to confirm flow through meter and that meter is registering flow (not an accuracy/bucket test), meter box and lid, and all else incidental for which separate payment is not provided under other items in the Bid Schedule. The following materials are an exception, and will be supplied by the City and made available to the Contractor to pick-up at a City designated facility: water meters, separate AMR devices with antenna, meter box and lid, lid and frame only (for applicable meters 1-1/2 inches up to 2 inches in size). Contractor shall document the size of the meter and register separately, and confirm the sizes are the same (example: ¾ register and ¾ meter, not ¾ register and 5/8 meter). 4. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below existing grade, the meter box lid being level with existing surface grade, with antenna placed on the meter box lid. 5. Payment shall include saw cutting asphalt or concrete pavement, all excavation (except rock excavation), removal and disposal of asphalt or concrete pavements and excavated material, excavation support system, utility support system, dewatering, backfilling and compaction, restoration, and all

97 else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. 6. Payment shall include the Contractor picking up the meter, AMR device with antenna, water meter lid frame and lid (for applicable meters 1-1/2 inches up to 2 inches in size), and meter box with lid from a location designated by the City, transporting the items to the site and installing the items, complete in place, and returning salvaged items to a location designated by the City. 7. Additional service pipe in excess of 20 feet shall be paid for under another item ITEM 3 ADDITIONAL WATER SERVICE LINE A. Measurement for payment for furnishing and installing a water service line, of the size and type specified in the Bid Schedule, will be measured in place, on a linear foot basis. Measurement will be along the centerline of the pipe in place, without deduction for valves. Measurement for payment does not signify that the pipe is accepted. B. Payment 1. Payment for furnishing and installing water service lines, of the sizes specified in the Bid Schedule, will be made at the unit price per linear foot established in the Bid Schedule and will be full compensation for the complete installation and testing of the water service from the water main to the meter. 2. Payment shall include full compensation for all labor, and materials necessary for installation of a water service line complete in place, including but not limited to service line piping, casing if installed, tracer wire, and all other fittings and items as required by the Contract Documents including connection to the meter, corporation stop and curb stop, restoration, traffic control, and all else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. 3. Payment for Open Cut shall include full compensation for all labor and equipment necessary for saw cutting asphalt or concrete pavement, all excavation (except rock excavation), removal and disposal of asphalt or concrete pavements and excavated material, excavation support system, utility support system, dewatering, backfilling and compaction, traffic control, restoration, and all else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. Trenchless installation is the City s preferred method for long side installation when site conditions are applicable. Contractor shall notify the Engineer prior to construction, when site conditions are not applicable to trenchless installations (long side installation only) and obtain approval from the Engineer for open cut

98 4. Payment for Trenchless shall include full compensation for all labor and equipment necessary for launching and receiving pits including but not limited to saw cutting asphalt or concrete pavement, all excavation (except rock excavation), removal and disposal of asphalt or concrete pavements and excavated material, excavation support system, utility support system, dewatering, backfilling and compaction, traffic control, and restoration. Payment shall also include all labor, materials, and incidentals necessary for installation of service piping, and casing if installed, by installation means of soil piercing, boring, or tunneling and all else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. 5. Contractor shall notify the Engineer for failed attempt with Trenchless installations and obtain prior approval for open cut. Payment for Failed Trenchless installation shall include full compensation for all labor, materials, and all else incidental thereto for failure to successfully complete installation by means of soil piercing, boring, or tunneling. Final installation by means of open cut will be paid for under the associated Bid Schedule item for Open Cut Trench. Open Cut Trench shall cover all labor, materials, and groundwork associated with the areas impacted from the launching and receiving pits ITEM 4 REMOVE AND REPLACE METER BOX/VAULT AND LID A. Measurement for payment to remove damaged cast iron meter boxes/vaults and lids, and install a replacement meter box/vault and lid of the size and type specified in the Bid Schedule, will be on a per each basis for the actual number of water boxes and/or lids installed, complete and in place and accepted by the Engineer. B. Payment 1. Payment for removing and installing water meter box/vault and lid will constitute full compensation for all labor, materials (exception below), and work required to remove damaged cast iron meter box/vault and lid, and install a replacement meter box/vault and lid including but not limited to; disconnection and reconnection of AMR antenna, saw cutting asphalt or concrete pavement, all excavation (except rock excavation), removal and disposal of asphalt or concrete pavements and excavated material, backfilling and compaction, restoration, traffic control, and all other incidental items as required to provide, a complete in place, water meter box/vault and lid installation as shown on the Drawings. The following materials are an exception, and will be supplied by the City and made available to the Contractor to pick-up at a City designated facility: meter box, meter box lid, and lid and frame only (for applicable meters 1-1/2 inches up to 2 inches in size)

99 2. Payment shall include the Contractor picking up the frame and lid only (for applicable meters 1-1/2 inches up to 2 inches in size), and meter box with lid from a location designated by the City, transporting the items to the site and installing the items, complete in place, and returning salvaged items to a location designated by the City. 3. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below existing grade, the meter box lid being level with existing surface grade, with antenna placed on the meter box lid ITEM 5 WATER SERVICE AND METER RELOCATION OR CHANGEOVER A. Measurement for payment for water service relocation or changeover, of the size and type specified in the Bid Schedule, will be measured in place, on a per each basis for the actual number of water services relocated or changed over, complete and in place and accepted by the Engineer. B. Payment 1. Payment will be full compensation for all Work required for a water service relocation and changeover complete and in place including but not limited to; disconnection and reconnection of meter, installation of valves, fittings, piping, yoke and yoke valves, AMR device and antenna, removal and reinstallation of existing box and lid, vault frame and lid (applicable 1.5 and 2 only), demolition of masonry/concrete vault to 18 below final grade (applicable 1.5 and 2 meters) and abandonment in place, field construction of masonry/concrete vault and top (applicable 1.5 and 2 meters), traffic control, and meter flow test to confirm flow and document working meter register (bucket test). Contractor shall minimize area required for excavation around meter box and service line for required demolition and relocation. 2. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below existing grade, the meter box lid being level with existing surface grade with antenna placed on the meter box lid. 3. Payment for removal and restoration of pavement, sidewalk, curb, curb and gutter, fencing, service line, and boring shall be made under a separate item

100 4. Payment for a meter relocation with a water service extension shall include payment under Bid Schedule Item #5 (Water Service and Meter Relocation or Changeover) plus Bid Schedule Item #3 (Additional Water Service Line). 5. Payment for horizontal water service and meter relocation outside of a 2 foot envelope measured from the outside wall of the meter box, shall be paid for under applicable separate items. These may include Bid Schedule Item #2 (Install New Water Service Base Package), Item #6 (Cut, Plug and Abandon Existing Service Lines), and Item #3 (Additional Water Service Line) when applicable ITEM 6 CUT, PLUG AND ABANDON EXISTING SERVICE LINES A. Measurement for payment to cut, plug and abandon existing water services, of the sizes specified in the Bid Schedule, will be on a per each basis for the actual number of water services cut, plugged and abandoned, complete and in place at the water main and accepted by the Engineer. B. Payment 1. Payment will be full compensation for all Work required to cut, plug and abandon existing service lines complete and in place including, but not limited to; field recording and documentation of final water meter reading, meter and AMR serial and identification numbers, all excavation (except rock excavation), removal and disposal of asphalt or concrete pavements and excavated material, dewatering, backfilling and compaction, restoration, traffic control, removal and salvage of water meter, AMR device and antenna, meter box and lid, meter box lid and frame only (applicable to meters in masonry/concrete vaults), removal and disposal of masonry/concrete top and vault to 12 below finished grade (applicable to meters in masonry/concrete vaults), restoration and all else incidental thereto for which separate payment is not provided under other items in the Bid Schedule. 2. Payment for curb stop abandonment shall include abandon existing service line, complete and in place, up to and including the curb stop including but not limited to water shut off at the curb stop, cut and cap service line on the discharge side of the curb stop. 3. Payment for corporation stop abandonment shall include abandon existing service line, corporation stop, and curb stop, complete and in place, including but not limited to water shut off at the corporation stop, cut and cap of service line on the discharge side of the corporation stop, cap of the service line to be abandoned, shut off curb stop, cut and cap service line at curb stop. 4. Payment shall include the Contractor transporting and returning salvaged items to a location designated by the City

101 5. Payment for cut, plug, and abandonment of existing service line at the curb stop for water service relocation or water service change over shall be made under another item ITEM 7 - METER LID AMR ANTENNA MODIFICATION A. Measurement for payment for meter lid AMR Antenna modification will be on a per each basis for the actual quantities modified, complete in place and accepted by the Engineer. B. Payment will be full compensation for all work required to modify meter lid, removal and installation of AMR device and antenna, complete and in place, including but not limited to completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid ITEM 8 ADJUST METER BOX / VAULT TO GRADE A. Measurement for payment to adjust an existing water meter box/vault to grade shall be on a per unit basis. Payment shall be made for actual quantities adjusted, complete in place and accepted by the Engineer. B. Payment shall constitute full compensation for all work required for water meter box/vault adjustment complete and in place including but not limited to: disconnecting, adjusting and reconnecting existing meter, back flow preventor, AMR device with antenna, meter boxes/vaults and lids, all valves, and fittings, and pipeline; test to confirm flow through meter and that meter is registering flow (bucket test), traffic control, restoration, and all else incidental therto to completed the Work. Contractor shall minimize area required for excavation around meter box and service line for required adjustments. C. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below final grade, the meter box lid being level with final surface grade with antenna placed on the meter box lid. D. Payment for removal and restoration of pavement, sidewalk, curb, curb and gutter, fencing and service line shall be made under other items. E. Payment for adjustments outside the envelope of 24 above existing grade and 6 below existing grade shall constitute payment for Bid Schedule Item #8 (Adjust

102 Meter Box/Vault to Grade) and Bid Schedule Item #3 (Additional Water Service Line) ITEM 9 - RETROFIT METER A. Measurement for payment to retrofit an existing water meter with an AMR device and antenna shall be per unit. The City shall supply water meters and separate AMR devices with antenna. All existing register assemblies and AMR devices shall be salvaged and returned to the City. Payment shall be made for actual quantities installed. B. Payment shall constitute full compensation for all work required for meter retrofit complete and in place including but not limited to; testing shall include all costs for retrofitting meter, including but not limited to, read and document the existing meter size and register size, existing meter reading, remove existing meter register, remove existing AMR device and antenna assembly, install new register, AMR device and antenna assembly, validate meter providing confirmed AMR meter read, and traffic control. All existing register assemblies and AMR devices shall be salvaged and returned to the City. C. Payment shall require a completed signed work order containing the serial and identification numbers of the meter and AMR device, confirmed electronic meter read of AMR device, and photographic documentation of meter and AMR antenna placement on the meter box lid. The installation shall reflect the meter as twelve (12) inches below existing grade, the meter box lid being level with existing surface grade with antenna placed on the meter box lid ITEM 10 - TYPE B BASE FOR PERMANENT ASPHALT PAVEMENT REPLACEMENT A. Measurement for payment for type B base for permanent asphalt pavement replacement will be on a per square yard basis, determined by multiplying the longitudinal length of the pavement cut times the specified pavement payment width as shown on the Drawings. Pavement thickness shall be as shown on the Drawings. B. Payment 1. Payment for Type B base for permanent asphalt pavement will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install type B base for permanent asphalt pavement replacement and shall include cutting edge of existing pavement, furnishing, hauling, preparation and placement and compaction of type B base materials, prime coat for permanent asphalt paving, and traffic control. 2. Payment under this item shall also include all costs for maintaining dust control prior to installation of pavement

103 3. Any pavement damaged outside the pavement payment width will be repaired as specified in Section and no additional payment will be made for such work outside the pavement payment width. 4. No additional payment will be made for provision and maintenance of temporary roadway surfaces. 5. No additional payment will be made for any materials, equipment or labor associated with steel plate bridging. 6. No additional payment will be made for saw cutting of pavement due to pavement thickness or material changes ITEM 11 AND 12 - TYPE E TOPPING AND SUPERPAVE TOPPING FOR PERMANENT ASPHALT PAVEMENT REPLACEMENT A. Measurement for payment for type E topping and Superpave topping for permanent asphalt pavement replacement will be on a per square yard basis, determined by multiplying the longitudinal length of the pavement to be replaced by the specified pavement payment width as shown on the Drawings or as directed by the Engineer. Pavement thickness will be as shown on the Drawings. B. Payment 1. Payment for Type E topping and Superpave topping for permanent asphalt pavement will be made at the unit prices established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install type E and Superpave topping for permanent asphalt pavement and will include cutting edge of existing pavement, furnishing, hauling, surface preparation and placement and compaction of type E and Superpave topping, tack coat for permanent asphalt paving, and traffic control. 2. Payment under this item shall also include all costs for maintaining dust control prior to installation of pavement. 3. Any pavement damaged outside the pavement payment width will be repaired as specified in Section 02700, Removing and Replacing Pavement and no additional payment will be made for such work outside the pavement payment width. 4. Payment under this item shall also include adjusting all existing and new manhole frames and covers and valve boxes, within the limits of new pavement, to finished grade elevation as necessary. 5. Payment under this item shall also include demolition, removal and reconstruction of existing speed bumps as shown on the Drawings

104 6. Any installation, maintenance and removal of temporary asphalt or crushed stone paving will be considered incidental to the permanent paving work and no additional payment will be made under this item. 7. No additional payment will be made for any materials, equipment or labor associated with steel plate bridging. 8. No additional payment will be made for saw cutting of pavement due to pavement thickness or material changes ITEM 12A REMOVE AND REINSTALL PERMEABLE CONCRETE PAVERS A. Measurement for payment to remove and reinstall permeable concrete pavers in roadways shall be on square yard basis, determined by multiplying the longitudinal length of the pavement to be replaced by the specified pavement payment width as shown on the Drawings or as directed by the Engineer. B. Payment for all work required to remove and reinstall permeable concrete pavers will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary and will include cutting edge of existing pavement, surface preparation and placement of permeable concrete pavers to restore the roadway to its original or better condition, and traffic control. Payment shall include compensation to replace aggregate base/subbase, geotextile, and drainage piping ITEM 13 PAVEMENT MILLING A. Measurement for payment for pavement milling will be on a per square yard basis based upon limits as directed by the Engineer. B. Payment for pavement milling will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, tools, and equipment necessary for pavement milling, including, traffic control, removal and disposal of pavement, dust control during milling and adjusting existing and new manhole frames and covers and valve vaults as necessary to allow for milling as specified in Section 02700, Removing and Replacing Pavement ITEM 14 CONCRETE PAVEMENT REPLACEMENT A. Measurement for payment of concrete pavement replacement (i.e., concrete over the trench) will be on a per square yard basis determined by multiplying the longitudinal length of pavement to be replaced by the specified pavement payment width as shown on the Drawings. Concrete pavement thickness shall be 8-inches

105 B. Payment 1. Payment for concrete pavement replacement will be made at the unit price established in the Bid Schedule and will be full compensation for all work necessary to install the 8-inch thick concrete pavement, including but not limited to, purchase of concrete, delivery to the work site, traffic control, surface preparation (including saw cutting existing pavement and reforming the graded aggregate base), concrete placement and cleanup. 2. If a greater or lesser thickness of concrete is placed, as directed by the Engineer, payment shall be prorated on the basis of the thickness actually placed. 3. Payment under this item will also include adjusting all existing and new manhole frames and covers and valve boxes, within the limits of new pavement, to finished grade elevation, as necessary. 4. No additional payment will be made for provision and maintenance of temporary paving. 5. No additional payment will be made for any materials, equipment or labor associated with steel plate bridging. 6. No additional payment will be made for saw cutting of pavement due to pavement thickness or material changes ITEM CONCRETE CURB AND GUTTER, CONCRETE CURB AND CONCRETE VALLEY GUTTER A. Measurement for payment of concrete curb and gutter, concrete curb and concrete valley gutter shall be made on a per linear foot basis in place and accepted by the Engineer. B. Payment 1. Payment for concrete curb and gutter, concrete curb and concrete valley gutter will be made at the unit prices established in the Bid Schedule will be full compensation for all work necessary to install the curb and gutter, concrete curb and concrete valley gutter including, complete and in place, but not limited to, the purchase, delivery to the work site, traffic control, on-site storage, excavation, backfilling, compaction, placement of concrete, disposal of existing materials, all joints, all special construction at driveways and other entrances or points, and cleanup. 2. Payment shall also include all approaches through curb and gutter indicated on the Drawings ITEM 18 CONCRETE SIDEWALK REPLACEMENT

106 A. Measurement 1. Measurement for payment for concrete sidewalk replacement shall be on a per square yard basis in place and accepted by the Engineer. B. Payment 1. Payment for concrete sidewalk replacement will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install concrete sidewalk and shall include: excavation, backfilling, compaction, disposal of existing materials, all joints, all special construction at driveways or other entrances and points, hauling and placing materials and incidentals necessary to complete the work. 2. Payment shall also include all approaches through curb and gutter ITEM 19 WHEELCHAIR RAMP REPLACEMENT A. Measurement for payment for wheelchair ramp replacement shall be on a per square yard basis in place and accepted by the Engineer. B. Payment 1. Payment for wheelchair ramps will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install wheelchair ramps including, but not limited to, saw cutting existing sidewalk, removal and disposal of existing concrete, site preparation, hauling and placing materials, joint installation and cleanup. 2. Payment under this item shall also include furnishing and installing tactile surface warning tiles ITEM 20 HEXAGONAL BLOCK SIDEWALK REPLACEMENT A. Measurement 1. Measurement for payment for hexagonal block sidewalk replacement shall be on a per square yard basis in place and accepted by the Engineer. B. Payment 1. Payment for hexagonal block sidewalk replacement will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install hexagonal block sidewalk and shall include: excavation, backfilling, compaction, disposal of existing materials, all joints, all special construction at driveways or other

107 entrances and points, hauling and placing materials and incidentals necessary to complete the work. 2. Payment shall also include all approaches through curb and gutter as indicated on the Drawings ITEM 21 BRICK PAVER SIDEWALK REPLACEMENT A. Measurement 1. Measurement for payment for brick paver sidewalk replacement shall be on a per square yard basis, complete in place and accepted by the Engineer. B. Payment 1. Payment for brick paver sidewalk replacement will be made at the unit price established in the Bid Schedule and will be full compensation for furnishing all labor, materials, tools, and equipment necessary to install specialty brick paver sidewalk and shall include: excavation, backfilling, compaction, disposal of existing materials, all joints, all special construction at driveways or other entrances and points, hauling and placing materials, and all incidentals necessary to complete the work. 2. Payment shall include all approaches through curb and gutter. 3. Payment for brick paver sidewalk replacement associated with the installation, adjustment and relocation of meter vaults will be paid for under other items ITEM 22 - NEW GRANITE CURB A. Measurement for payment of new granite curb shall be made on a per linear foot basis in place and accepted by the Engineer. B. Payment for new granite curb will be made at the unit price established in the Bid Schedule and will be full compensation for all work necessary to install the new granite curb, including, but not limited to, purchase of granite curb, delivery to the work site, on-site storage, removal and disposal of the existing granite curb, site preparation, concrete for curb foundation and the installation of new granite curb, placement of joints and cleanup ITEM 23 - REUSED GRANITE CURB A. Measurement for payment of reused granite curb shall be made on a per linear foot basis, complete in place and accepted by the Engineer. B. Payment for reused granite curb will be made at the unit price established in the Bid Schedule and will be full compensation for all work necessary to install the reused granite curb, including, but not limited to, the removal, storage and reinstallation of

108 existing granite curb, cleaning of the curb, delivery to the work areas, site preparation, concrete for curb foundation, reinstallation of existing granite curb, placement of joints and cleanup ITEMS 24 AND 25 RESIDENTIAL AND COMMERCIAL DRIVEWAYS A. Measurement for payment of concrete driveway pavement replacement shall be on a per square yard basis determined by multiplying the longitudinal length of pavement actually replaced and accepted by the Engineer by the specified pavement payment width as shown on the Drawings. B. Payment 1. Payment for residential and commercial driveway replacement will be made at the unit price established in the Bid Schedule and will be full compensation for all labor, materials, and equipment necessary to install driveways including saw cut, removal and disposal of existing concrete driveway sections, gravel sub base, forming, delivering to the worksite, placing and finishing concrete for new driveway sections and clean up. 2. No separate measurement and payment will be made for any materials, equipment or labor associated with steel plate bridging. 3. No additional payment will be made for provision and maintenance of temporary paving. 4. No additional payment will be made for saw cutting of pavement due to pavement thickness or material changes ITEMS 26 THROUGH 35 - PAVEMENT MARKINGS A. Measurement for payment for pavement markings of the type specified in the Bid Schedule shall be on a per linear foot basis as determined along the centerline of the pavement markings, complete in place and accepted by the Engineer. B. Payment 1. Payment for pavement markings shall be at the price established in the Bid Schedule. and will be full compensation for furnishing all labor, tools, and equipment necessary to restore the street pavement markings to the lengths, and extents and in accordance with the appropriate municipal regulations and industry standards contained Section of these specifications and as shown on the Drawings. 2. Locations and quantities of existing pavement markings, to be restored, shall be verified with the Engineer prior to disturbing the existing pavement markings

109 3. Any pavement markings installed or damaged outside the pay line limits shall be remedied in accordance with City regulations and standards and as directed by the Engineer. No additional payment will be allowed for such work outside the pay line width ITEM 36A THROUGH 36B - TRAFFIC REGULATION A. No separate payment shall be made for temporary traffic control costs incurred by the Contractor for labor, equipment, and material required to furnish, install, maintain, and remove work zone staging and and temporary traffic control Temporary traffic control required to maintain the safe guidance and protection of vehicular and pedestrian traffic through the Work Zone and comply with traffic control requirements established by the governing transportation authority and those identified in the MUTCD, current Federal Highway Administration guidelines, and Section 01550, Traffic Regulation shall be considered incidental to the Work. The following items are an exception and shall be paid for under the Traffic Regulation Bid Item. 4. Flagman; 5. Police Officer; B. Measurement for payment for Traffic Regulation items shall be at the unit price established in the Bid Schedule. The unit price shall be on an hourly rate basis and shall constitute full payment for each item. C. Payment for Traffic Regulation items shall constitute full compensation for all labor (on a per person basis), equipment, material, and cost to furnish, install, maintain, and remove additional work zone staging and additional temporary traffic control of a street or roadway to equip the Flagman and/or Police Officer complete and in place ITEM 37 - FLOWABLE FILL A. Measurement for payment for flowable fill shall be on a per cubic yard basis, in place and accepted by the Engineer. B. Payment for flowable fill shall be made at the unit price established in the Bid Schedule and shall constitute full compensation for all work required to furnish and install flowable fill, complete and in place, including but not limited to all labor, materials, equipment, hauling, cleanup and incidentals ITEM 38 FURNISH AND INSTALL CLASS B UNREINFORCED CONCRETE A. Measurement for payment of 3000 psi unreinforced concrete will be made on a cubic yard basis in place and accepted by the Engineer. Concrete will not be measured and

110 paid for separately when included in another item of work for which payment is based on units of length or area. B. Payment 1. Payment will be full compensation for all work necessary to furnish and install the unreinforced concrete, including, but not limited to purchase of concrete, delivery to the work site, excavation, placement of formwork and concrete, backfill and compaction and cleanup. 2. Payment for concrete encasement of water and sewer lines shall be calculated by multiplying the longitudinal length of the encasement measured along the center line of the pipe, as accepted by the Engineer, times the cross sectional area of the encasement. Deduction shall be made for the volume occupied by the pipe ITEM 39 FURNISH AND INSTALL SEED A. Measurement for payment for furnishing and installing seed will be on a per square yard basis, in place, and accepted by the Engineer. B. Payment to furnish and install sod will be made at the price established in the Bid Schedule and shall be full compensation for all labor, materials and equipment necessary to complete seeding, including ground preparation, furnishing and placing all topsoil, mulch, seed, fertilizer and water to create a satisfactory stand, all as specified in Section 02933, Seeding ITEM 40 FURNISH AND INSTALL SOD A. Measurement for payment for furnishing and installing sod will be on a per square yard basis, in place and accepted by the Engineer. B. Payment to furnish and install seed shall be at the price established in the Bid Schedule and will be full compensation for all labor, materials, and equipment necessary to complete the work, including ground preparation, furnishing and placing all topsoil, mulch, sod, fertilizer, and water to create a satisfactory stand, all as specified in Section 02933, Seeding ITEM 41 TEST SHUTDOWN A. Measurement for payment to perform a Test Shutdown on a water main that includes more than a two valve operation will be made on an hourly basis as authorized prior to construction, in writing, and accepted by the Engineer. B. Payment to perform a Test Shutdown on a water main shall be at the price established in the Bid Schedule and will be full compensation for all labor, materials, and

111 equipment necessary to complete the work, including removal of debris from valve box, dewatering, traffic control, and all else incidental thereto. C. No separate payment shall be made for a Test Shutdown on a water main or service that requires operation of two valves or less. This shall be considered incidental to the Work. SECTION 2 ALLOWANCES 2.01 ITEM 42 - ALLOWANCES A. The allowances specified in the Bid Schedule are to establish a fund to pay the cost of items for which the City could not establish accurate quantities and/or detailed scope of work. This work shall be completed only at the written direction of the Engineer, and the cost of such work shall be approved prior to performance of the work. B. The Contractor shall be responsible for the payment for these services to the appropriate payee providing such service, and shall submit evidence of payments to the Engineer prior to its inclusion in the progress payments. C. Payment will be made for invoices submitted by the Contractor subject to the Contract Documents. Contractor will not receive any additional compensation for bond or insurance costs for work executed using allowance funding. D. Allowance allocations shall only be paid to the Contractor for completed work authorized by the Engineer. All allowance dollar amounts not expended shall revert to the City at the completion of the project. Should the final allowance costs be less than the specified amount of the allowance the Contract will be adjusted accordingly by a change order. The amount of the change order will not recognize any changes in handling costs at the site, labor, overhead, profit and other expenses caused by the adjustment to the allowance item. E. This allowance shall be used to pay the costs for Work under the following categories: 1. Permits: a. Costs for permit as directed by issuing authority. 2. City Directed Compliance Testing: a. The costs for supplemental confirmation testing where directed by the Engineer not covered in Section 01400, Quality Assurance/Quality Control

112 3. Unforseen Utility Conflicts: a. The costs for unforeseen utility conflicts as directed by the Engineer. i. If the Contractor, during the course of construction, believes an underground utility conflict exists, the conflicting condition shall be exposed and the Engineer notified. The Engineer will then determine whether an underground conflict actually exists. The Engineer s determination shall be final. ii. If the Engineer determines that an underground utility conflict actually exists, the Contractor shall submit a plan and cost estimate to the Engineer detailing how the conflict is to be resolved. The plan and cost estimate shall include a detailed layout of existing and proposed piping. The plan and cost estimate shall be approved by the Engineer prior to the Contractor initiating any work. b. The costs of items for this work shall be in compliance with the conditions as detailed in Section Other: a. The cost of items for which the City could not establish accurate quantities and/or detailed scope of work. This work shall be completed only at the written direction of the Engineer, and the cost of such work shall be approved prior to performance of the work and in compliance with the conditions as detailed in Section 3. SECTION 3 UNFORSEEN RESPONSE AND REPAIR SERVICES 3.01 SCOPE A. Work includes responding to unforeseen items for which the City could not establish accurate quantities and/or detailed scope of work on water mains and appurtenances, as directed by the Engineer. B. Work includes furnishing all plant, labor, equipment, tools, materials, and performing all operations required to complete the Work satisfactorily, in-place, as specified in the Work Orders and as directed by the Engineer. It will be the City s sole decision as to the extent of the repair and the total scope of the Work BID ITEMS LABOR RATES A. Payment will be made for all labor, materials, equipment, and subcontract work as a unit price as detailed in Section 3 of the Bid Schedule. There will be no additional

113 percentage markup allowed for overhead and contract management. B. Labor: 1. Charges for labor shall include classifications through supervisor when engaged in the actual and direct performance of the work. Payment shall not be made for such overhead personnel as office personnel, timekeepers, and maintenance mechanics. Items will be paid as bid with no additional overhead.. 2. All labor shall be billed at the hourly rates specified in the Bid Schedule. Rates will apply during normal business hours (defined as M-F, 7 a.m. 6 p.m.). Overtime rates will apply during non-normal business hours (defined as M-F, 6 p.m. midnight) and Saturdays (7 a.m. 6 p.m.). Premium rates will apply during nights (defined as M-Sat., midnight 7 a.m.); all hours on Sunday and all City recognized holidays. 3. The unit price wages as indicated on the Bid Pricing Schedule shall include the actual costs paid to or on behalf of workmen, by reason of fringe benefits, including but not limited to, social security contribution, unemployment, excise and payroll taxes, workmen s compensation, health and retirement benefits, sick leave, vacation and holiday pay. Expenses for working after hours, on holidays, or on Saturdays and Sundays, shall be included in overtime or premium wage rates. C. Equipment: 1. For equipment mobilized for work performed, the Contractor will be paid the equipment use rates described and listed in the Bid Pricing Schedule as well as for the cost of transporting the equipment to the location of the work and its return to its original location, and for the cost of loading and unloading the equipment. Payment, however, will not be made for the equipment the Contractor leaves idle at the work site after it is no longer being used or is no longer reasonably needed in the repair work 2. The Contractor will be paid for the use of owned equipment based on the hourly rate, not exceeding the charges for such equipment set forth in the Blue Book Rental Rates for Construction Equipment in the Georgia North and Central Region (as published by Equipment Guidebook Company of Palo Alto, California). For bid purposes, this can be bid on a + or (plus or minus) percentage of the Actual Blue Book Rental Rate. All equipment must be in good operating condition. The hourly rates paid for owned equipment, shall include the cost of the fuel, oil, lubricants, supplies, small tools, necessary attachments, repairs and maintenance of all kind, depreciation, storage, and insurance

114 3. If rental equipment is used, the Contractor will be paid the actual cost of the rented equipment, provided the rental rate is comparable to the prevailing rental rates charged by rental companies in the City of Atlanta or Fulton County area for like equipment. For bid purposes, this can be bid on a + or (plus or minus) percentage of the actual Rental Rate. D. Subcontracted Work and Vendor Services: The Contractor shall conduct repair operations using his own labor, equipment, and materials to the greatest extent practical. However, the Contractor under certain circumstances may be authorized by the City s representative to use the services of subcontractors and third party vendors. If the Contractor subcontracts construction-related work or uses a third party vendor to complete a repair, the Contractor shall provide the City s authorized representative the subcontractor s proposed cost of the work to be done, required certifications, and obtain authorization from the City s representative to proceed with the work. The Contractor will be paid based on invoices from the subcontractor or service provider plus percentage of the cost mark up in accordance to the Bid Pricing Schedule. Work and services paid under this Section may include, but not limited to, rental or installation of barricades, signs, safety fencing to establish a safe work zone and safeguard public safety; landfill fees for disposal of trash, broken pipe, and unsuitable backfill; concrete coring and sawing, metal fabrication; valve insertion under flow conditions; and replacement of topsoil, erosion control materials, sod, landscaping materials, and other surface improvements to stabilize and restore the area disturbed during the work COMPENSATION A. The compensation set forth in herein shall be received by the Contractor as payment in full for work done. At the end of each repair, the Contractor and the City s representative shall compare records of work performed, including classification of all Contractor s employees assigned the work, materials used in the work, and equipment used. B. No Payment will be made for work performed on a repair until the Contractor furnishes to the City itemized statements for the following items: 1. Labor: Name, classification, date, daily hours, total hours, and extension of each foreman tradesman and laborer in accordance with the Bid Schedule Unit Pricing. 2. Equipment: Size, type, identification number, dates, daily hours, total hours, extension of each unit of machinery and equipment, and/or rental rate. 3. Materials: Quantities of supplies and materials, including transportation cost and extensions in accordance with the Bid Schedule Unit Pricing

115 4. Invoices for all work subcontracted and/or rental equipment. 5. Payments for items shall be conditioned upon Contractor s presentation of original receipted invoice for materials used and transportation charges. If, however, the materials used in the work are not specially purchased for such work, but are taken from Contractor s stock, then in lieu of the original invoices, the statements shall contain or be accompanied by a affidavit from Contractor which shall certify that such materials were taken from his stock, that the price and transportation of the material as claimed represents actual cost in accordance with the Bid Pricing Schedule. PART 2 - PRODUCTS (NOT APPLICABLE) PART 3 - EXECUTION (NOT APPLICABLE) +++ END OF SECTION

116 SECTION CONSTRUCTION PHOTOGRAPHY PART 1 GENERAL 1.01 SCOPE A. The Contractor shall furnish all labor, equipment and materials required to provide the Owner with digital construction photography of the Project as specified herein. B. The Contractor shall provide for professional videos and photographs to be made prior to and after construction to provide documentation of conditions and aid in any damage claims assessment. All conditions which might later be subject to disagreement shall be shown in sufficient detail to provide a basis for decisions. C. Video and photo files shall become the property of the Owner and none of the video or photographs herein shall be published without express permission of the Owner PRE AND POST CONSTRUCTION PHOTOGRAPHY A. Prior to the beginning of any work, the Contractor shall provide for professional photographs of the work area to record existing conditions. 1. The Contractor shall furnish a complete set of photographs recording the service line and meter route. The photograph shall include the date of recording. 2. The route shall be photographed prior to beginning of construction. The Contractor shall furnish three sets of compact disks containing the photograph data to the Engineer. 3. The route shall also be photographed at the completion of construction. The photographs shall document the same areas and features as in the preconstruction photographs. The Contractor shall furnish three sets of compact discs containing the photographs record data to the Engineer. B. The pre-construction photographs shall be submitted to the Engineer within 15 calendar days after receipt of construction Notice to Proceed by the Contractor. Post construction photographs shall be provided prior to final acceptance of the project PROGRESS PHOTOGRAPHS A. Photographs shall be taken to record the general progress of the Project during each pay period. Photographs shall be representative of the primary work being performed at the time

117 B. All photographs shall be taken with a digital camera. The photographs shall include the date and time marking in the digital record. All photographs shall be labeled on a tab connected to the bottom of the photo to indicate date and description of work shown. PART 2 PRODUCTS 2.01 PHOTOGRAPHS A. Photography and video files shall be provided in CD-ROM format. B. Photographs shall also be provided in hard copy format. The photographs shall include the date and time marking on the photograph. All photographs shall be labeled on a tab connected to the bottom of the photograph. Tab label shall contain: 1. Project name. 2. Orientation of view. 3. Description of work shown. C. All compact disks (CDs) furnished under this section shall be suitable for viewing with Windows Media Player. PART 3 EXECUTION 3.01 SUBMITTALS A. No construction shall start until pre-construction photography has been completed and accepted by the Engineer. B. A minimum of one 8 x10-inch progress photographs shall be submitted with each application for payment, for each work order included in the application for payment. The view selection will be as determined by the Engineer. Photographs shall be submitted in Print File Archival Preservers, 8 1/2 x 11-inch plastic sleeves pre-punched for a 3-ring binder. Digital copies of photographs shall also be provided in CD-ROM format. C. Construction photographs shall be submitted with each payment request. Failure to include photographs may be cause for rejection of the payment request. D. The Contractor shall be responsible for all discrepancies not documented in the preconstruction videos and photography END OF SECTION

118 PART 1 GENERAL 1.01 SCOPE SECTION PROJECT DOCUMENT TRACKING AND CONTROL SYSTEM A. The Contractor shall utilize the City of Atlanta s Project Document Tracking and Control System (DTCS). The primary function of the system is to control and manage all documents generated during construction of the project and to facilitate timely processing and approval of all contract documents in coordination with the overall Project Schedule. B. The DTCS utilizes Skire Unifier or approved equal software for document tracking and control. The Skire Unifier software will: 1. Facilitate communication among the Owner, Engineer and Contractor; 2. Facilitate turn-around time with regard to responses and approvals; 3. Provide a central location for all Project information to facilitate all Project participants in performing their tasks based on the latest Project data; 4. Provide a standard system of project administration with accountability. C. The DTCS also utilizes Lynx Photo Management software for control and management of all construction photography. D. The Contractor shall be required to utilize the web-based DTCS system that resides on the City s Department of Watershed Management server to generate documents in the proper format for submission to the Engineer. The Contractor shall access the system through the internet using a compatible web browser from the Contractor s administrative field office location, and/or other locations where work associated with the Project is being performed. E. The Contractor shall be required to generate project documents and records utilizing the DTCS. The Contractor shall be required to transmit and submit the project documents within the DTCS to the Engineer. F. The Contractor shall utilize a high capacity scanner capable of scanning 11-inch x 17-inch documents, double sided, on site for the entire duration of the Project. All documents shall be scanned in and attached to the appropriate Skire Unifier document, including submittals, shop drawings, operating and maintenance manuals and all other documents requested by the Engineer. PART 2 PRODUCTS (NOT USED)

119 PART 3 EXECUTION 3.01 GENERAL A. The Contractor shall utilize the DTCS to create and maintain project documents, including, but not limited to the following: 1. Company Directory: Addresses, Phone Numbers, Personnel Contacts, etc. 2. Drawings Log: Current Drawing revision log 3. Submittals (Integrated with Project Schedule through Activity codes) 4. Transmittals 5. Requests for Information and Answers (RFIs) 6. Change Documents, including: a. Requests for Proposal (RFPs) b. Work Authorization Requests (WARs) c. Work Authorizations (WAs) d. Change Order Requests (CORs) e. Change Orders (CO) f. Design Clarifications (DC) 7. Daily Reports (Daily Diaries) 8. Field Decisions & Clarification Memos 9. Notice of Non-Compliance 10. Construction Issue Memos 11. Punch Lists 12. Meeting Minutes and Agendas 13. Correspondence 14. Work Plans 15. Start-up Plans 16. Equipment Operation and Maintenance Training

120 17. Spare Parts 18. Progress Payment Applications B. The Contractor shall utilize the complete capabilities of the DTCS to meet the requirements of this Section. The Contractor shall provide an experienced construction project controls person knowledgeable in construction work sequencing, productivity, scheduling and application of the Skire Unifier software system. This person, along with the Contractor s management team, shall work closely with the Engineer to manage and deliver the documents outlined in this Section TRAINING A. The Contractor shall include the cost in his bid to pay for and attend a 2-day training session on the operation of Skire Unifier, provided by a Skire authorized trainer. The training session shall be for ten participants (seven for the City and three for the Contractor). The class shall be held at a location within the City limits, as determined by the Engineer. The Contractor shall also be responsible for the cost of training for additional members of their firm or future retraining, as may be deemed necessary by the Contractor. The Contractor may contact a Skire representative at or B. The Contractor shall also include in his bid the cost to pay for and attend a one day training class for the Lynx Photo Management software. The class shall be for ten participants, (seven for City and three for the Contractor). The type of class shall be determined by the City. The class shall be held at a location within the City limits, as determined by the Engineer. The Contractor may contact a Lynx Photo Management representative at SOFTWARE SUPPORT A. The Contractor shall purchase up to (5) Skire Unifier licenses on behalf of the City for use during the project. At the completion of the project the licenses will remain the property of the City. B. The Contractor shall purchase up to (5) Lynx licenses on behalf of the City for use during the project. At the completion of the project the licenses will remain the property of the City. C. The Skire Unifier software shall support the following programs, and the Contractor shall utilize: 1. Microsoft Outlook Microsoft Outlook

121 D. The Contractor shall also include in his bid the cost to pay for 2 days of consulting services for troubleshooting and maintenance of the DTCS at any City location. Troubleshooting, maintenance, upgrade, configuration, and set up shall be performed by Skire or their authorized representative based on a scope pre-defined by the City of Atlanta. The Contractor shall utilize the custom data fields, dictionaries, and coding systems as required by the City of Atlanta. E. The Contractor shall meet with the City within 15 days after the Contract is awarded to discuss access requirements and the Contractor s plan to utilize DTCS and execute the document control functions herein. F. The Contractor shall establish an internet connection using DSL or better to connect to the DTCS to permit the forwarding and receipt of documents. G. Access through the internet to the DTCS shall be operational within 30 days following the pre-construction meeting date. This must be operational from the Contractor s administrative field office location and the City s project office COMPANY DIRECTORY The Contractor and the Engineer will monitor and manage the Company Directory. The directory shall include Company name, Company abbreviation, contact names, addresses, phone numbers and addresses DRAWING LOG The Engineer will create a log of initial issued for construction drawings in the DTCS. Information shall include drawing number, title and revision number. In addition to creating the initial project drawing list, the Engineer will maintain a log on the DTCS of all subsequent revisions to the drawings and any sketches resulting from clarification memos, RFIs, field orders and change orders. It shall be Contractor s responsibility to utilize the latest drawings and sketches in the performance of the work SUBMITTALS AND SHOP DRAWINGS Please refer to the Annual Construction Services Agreement CORRESPONDENCE The Engineer shall monitor and manage the correspondence, Non-Compliance Notices, Field Decisions & Clarification Memos and Construction Issue Memo logs. The Contractor shall be responsible for generating Project correspondence within the DTCS, and forwarding the correspondence to the Engineer

122 3.08 TRANSMITTAL LOG The Contractor and the Engineer will monitor and manage the transmittal log. All Project transmittals shall be created electronically, automatically sequentially numbered and logged into the DTCS system as they are created. The Contractor is responsible for utilizing the system to create transmittals for items transmitted to the Engineer and other subcontractors REQUESTS FOR INFORMATION AND ANSWERS The Contractor shall be responsible for generating RFIs on the DTCS system. The Contractor shall notify the Engineer when an RFI is submitted. The City will monitor and manage the RFI log. The Engineer will generate an Answer document in response to each RFI and forward it to the Contractor. The DTCS will track Ball in Court for all RFIs and Answers, as well as date of original generation and response date. In addition the RFIs will reference the relative specification section and Drawings. The DTCS will identify the date of the request and the originator, responsible party for a response and the date of the response CHANGE DOCUMENTS Change documents include Request for Proposals (RFPs), Work Authorization Requests (WARs), Work Authorizations (WAs), Change Orders Requests (CORs), and Change Orders (COs). All change documents will be monitored and managed by the City utilizing the DTCS. The DTCS will track Ball in Court status of all change documents DAILY REPORTS The Contractor shall be responsible for creating daily reports utilizing the DTCS. The Contractor shall enter the Daily Reports into the DTCS by 10:00 a.m. of the subsequent day that the Contractor or any subcontractor performs work. All daily reports shall be logged into the DTCS by the Contractor. The Contractor shall also provide one signed hard copy of all daily reports on a weekly basis. Required information for each report shall include Contractor, Date, Day, Temperature, Precipitation, Sky, Wind, Work Activity, Equipment, Field Force, Visitors, Materials, and Scheduled Activities utilizing the Primavera schedule activity codes. Daily reports which fail to link work activities to the active Primavera schedule will not be acceptable PUNCH LISTS The Engineer shall monitor and manage punch lists, and shall create punch lists to be forwarded to the Contractor. The Contractor shall address the punch list items that have been assigned to the Contractor and forward updates to the Engineer. Once accepted as complete, the Engineer will access the punch list in the DTCS and close it out

123 3.13 MEETING MINUTES AND AGENDA The Engineer shall monitor and manage the meeting minute process. The Engineer shall forward meeting minutes to the Contractor electronically. The Engineer shall log the meeting minute items into the DTCS within 3 days of the meeting date APPLICATIONS FOR PAYMENT A. All pay applications and schedule of values shall be developed as defined in the Special Conditions. B. The Contractor shall be responsible for creating pay applications directly from the Skire Unifier software and then submitting the applications to the Engineer electronically along with hard copies at the end of each billing period. The Contractor shall also simultaneously submit a separate submittal of the updated progress schedule as specified in the Annual General Construction Services Agreement. C. Other additional information required with the pay application shall be as directed by the Engineer. D. Maintenance of As Built record documents by the Contractor shall be verified by the Engineer before processing of pay applications. Failure of the Contractor to maintain project record documents, maintain current and properly prepared daily reports or to submit the updated project schedule as specified in Annual General Construction Services Agreement shall be cause for rejection of the pay application LYNX PHOTO MANAGEMENT SOFTWARE A. The Lynx PM software shall be utilized by the Engineer and the Contractor for the duration of the project. The daily construction photographs will be the permanent visual record of the pre-construction conditions, daily construction site activities, and the completion of construction work. The Contractor shall submit to the City no less than four record photos for each activity ID listed in the project schedule per the last schedule update. Applicable photos shall accompany each pay application. B. The Contractor s attention is directed to Section 01320, Construction Photography for additional requirements related to construction photography END OF SECTION

124 SECTION QUALITY ASSURANCE/QUALITY CONTROL PART 1 GENERAL 1.01 SCOPE This section includes requirements for the implementation of the Contractor s quality assurance and quality control program SITE INVESTIGATION AND CONTROL A. Contractor shall check and verify all dimensions and conditions in the field continuously during construction. Contractor shall be solely responsible for any inaccuracies built into the Work due to Contractor s and subcontractor s failure to comply with this requirement. B. Contractor shall inspect related and appurtenant Work and report in writing to the Engineer any conditions that will prevent proper completion of the Work. Failure to report any such conditions shall constitute acceptance of all Site conditions, and any required removal, repair, or replacement caused by unsuitable conditions shall be performed by the Contractor solely and entirely at Contractor s expense INSPECTION OF THE WORK A. All work performed by the Contractor and subcontractors shall be inspected by the Contractor and non-conforming Work and any safety hazards in the work area shall be noted and promptly corrected. The Contractor is responsible for the Work to be performed safely and in conformance to the Contract Documents. B. The Work shall be conducted under the general observation of the Engineer and is subject to inspection by representatives of the City acting on behalf of the City to ensure strict compliance with the requirements of the Contract Documents. Such inspection may include mill, plant, shop, or field inspection, as required. The Engineer or any inspector(s) shall be permitted access to all parts of the Work, including plants where materials or equipment are manufactured or fabricated. C. The presence of the Engineer, or any inspector(s), however, shall not relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the Contract Documents. Compliance is the responsibility of the Contractor. No act or omission on the part of the Engineer, or any inspector(s) shall be construed as relieving Contractor of this responsibility. Inspection of Work later determined to be non-conforming shall not be cause or excuse for acceptance of the nonconforming Work. The City may accept non-conforming Work when adequate compensation is offered and it is in the City s best interest as determined by the City

125 D. All materials and articles furnished by the Contractor or subcontractors shall be subject to rigid documented inspection, by qualified personnel, and no materials or articles shall be used in the Work until they have been inspected and accepted by the Contractor s Quality Control representative and the Engineer or other designated representative. No Work shall be backfilled, buried, cast in concrete, covered, or otherwise hidden until it has been inspected. Any Work covered in the absence of inspection shall be subject to uncovering. Where uninspected Work cannot be easily uncovered, such as in concrete cast over reinforcing steel, all such Work shall be subject to demolition, removal, and reconstruction under proper inspection at the Contractor s expense. E. All materials, equipment and/or articles furnished to the Contractor by the City shall be subject to rigid inspection by the Contractor s Quality Control representative before being used or placed by the Contractor. The Contractor shall inform the Engineer, in writing, of the results of said inspections within one working day after completion of inspection. In the event the Contractor believes any material or articles provided by the City to be of insufficient quality for use in the Work, the Contractor shall immediately notify the Engineer TIME OF INSPECTION AND TESTS A. Samples and test specimens required under these Specifications shall be furnished and prepared for testing in ample time for the completion of the necessary tests and analyses before said articles or materials are to be used. The Contractor shall furnish and prepare all required test specimens at Contractor s own expense. B. Whenever the Contractor is ready to backfill, bury, cast in concrete, hide, or otherwise cover any Work under this Contract, the Engineer shall be notified not less than three work days in advance to request inspection before beginning any such Work of covering. Failure of the Contractor to notify the Engineer at least three work days in advance of any such inspections shall be reasonable cause for the Engineer to order a sufficient delay in the Contractor s schedule to allow time for such inspection. The costs of any remedial or corrective work required, and all costs of such delays, including its impact on other portions of the Work, shall be borne by the Contractor SAMPLING AND TESTING A. The Contractor shall retain and pay for an independent materials testing agency approved by the Engineer and the City of Atlanta as required by the General Conditions. This independent testing agency will develop and submit a testing plan for quality assurance on each type of work activity. The testing agency will document the processes and procedures utilized to verify and maintain quality work. When not otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the most current standards, as applicable to the class and nature of the article or materials considered. However, the Engineer reserves the right to use any generally accepted system of inspection which, in the opinion of the Engineer, will ensure the Engineer that the quality of the workmanship is in full accord with the Contract Documents

126 B. The City reserves the right to abbreviate, modify the frequency of or waive tests or quality assurance measures, but waiver of any specific testing or other quality assurance measure, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a performance bond to assure execution of any necessary corrective or remedial work, shall not be construed as a waiver of any technical or qualitative requirements of the Contract Documents. C. Notwithstanding the existence of such waiver, the City shall reserve the right to make independent investigations and tests as specified in the following paragraph and failure of any portion of the Work to meet any of the qualitative requirements of the Contract Documents, shall be reasonable cause for the City to require the removal or correction and reconstruction of any such Work. D. In addition to any other inspection or quality assurance provisions that may be specified, the City shall have the right to independently select, test, and analyze, at the expense of the City, additional test specimens of any or all of the materials to be used. Results of such tests and analyses shall be considered along with the tests or analyses made by the Contractor to determine compliance with the applicable specifications for the materials so tested or analyzed provided that wherever any portion of the Work is discovered, as a result of such independent testing or investigation by the Engineer, which fails to meet the requirements of the Contract Documents, all costs of such independent inspection and investigation and all costs of removal, correction, reconstruction, or repair of any such Work shall be borne by the Contractor CONTRACTOR S QUALITY ASSURANCE/QUALITY CONTROL REQUIREMENTS A. The Contractor shall establish and execute a Quality Assurance/Quality Control (QA/QC) program for the services that are being procured from the Contractor. The program shall provide the Contractor with adequate measures for verification and conformance to defined requirements by the Contractor s personnel and subcontractors (including fabricators and suppliers). This program shall be described in a Plan responsive to this Section. It shall utilize the services of an independent testing agency/company that is industry certified to provide quality assurance and compliance with the standards specified. B. The Contractor shall furnish the Engineer a project specific QA/QC Plan. The Plan shall contain a comprehensive account of Contractor's QA/QC procedures as applicable to this job. The Contractor shall furnish for review by the Engineer, no later than 14 days after receipt of notice to proceed, the QA/QC plan proposed to be implemented. The plan shall identify personnel, procedures, control, instructions, tests, records, and forms to be used. Construction will be permitted to begin only after acceptance of the QA/QC Plan. The detailed requirements for this Plan are delineated in the following paragraphs. No payments will be made to the Contractor until the QA/QC Plan is fully accepted by the

127 Engineer. C. The QA/QC Plan shall describe and define the personnel requirements described herein. The Contractor shall employ a full time on-site QA/QC Manager to manage, address and resolve all quality control issues. 1. The QA/QC Manager shall be as identified by the Contractor and approved by the City. The QA/QC Manager shall have a minimum of five (5) years of construction experience in pipe line installation. The QA/QC Manager shall be onsite at all times while work is being performed by the contractor, to remedy and demonstrate that work is being performed properly and to make multiple observations of all Work in progress. This individual shall be dedicated solely to QA/QC activities and shall have no supervisory or managerial responsibility over the work force. The QA/QC Manager shall not be assigned any other duties or roles by the Contractor. 2. The Contractor shall provide additional personnel who are assigned to assist the QA/QC Manager as required to fulfill the requirements of the QA/QC Plan. The Contractor shall provide a copy of the letter to the QA/QC Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the QA/QC Manager, including authority to stop work which is not in compliance with the contract. The QA/QC Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities, and responsibilities. Copies of these letters shall also be furnished to the Engineer. D. The Contractor s QA/QC program shall ensure the achievement of adequate quality throughout all applicable areas of the Project. A customized QA/QC Plan shall be developed that discusses each type of work that the Contractor is responsible for within the Project. The QA/QC Plan shall describe the program and include procedures, work instructions and records and a description of the quality control organization. 1. The description of the quality control organization shall include a chart showing lines of authority staffing plan and acknowledgment that the QA/QC staff shall implement the system for all aspects of the work specified. The staffing plan shall identify the name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a QA/QC function including the QA/QC Manager. 2. In addition, the Plan shall describe methods relating to areas that require special testing and procedures as noted in the specifications. E. Identification and Control of Items and Materials: Procedures to ensure that items or materials that have been accepted at the site are properly used and installed shall be described in the QA/QC Plan. F. The procedures shall provide for proper identification and storage, and prevent the use of

128 incorrect or defective materials. G. Inspection and Tests: The Contractor shall have written procedures defining a program for control of inspections performed and these procedures shall be described in the QA/QC Plan. 1. Inspections and tests shall be performed and documented by qualified individuals. At a minimum, "qualified" shall mean having performed similar QA/QC functions on similar type projects for a minimum of five (5) years and possession of industry standards certification and license. Records of personnel experience, training and qualifications shall be submitted to the Engineer for review and approval. 2. The Contractor shall maintain and provide to the Engineer, within two working days of completion of each inspection and test, adequate records of all such inspections and tests. Inspection and test results shall be documented and evaluated to ensure that requirements have been satisfied. 3. Procedures shall include: a. Specific instructions defining procedures for observing all Work in process and comparing this Work with the Contract requirements (organized by specification section). b. Maintaining and providing daily QA/QC inspection reports. Such reports shall, at a minimum, include the following: i. Dated list of Item(s) inspected ii. Location of the test sample(s) iii. Logs, detailed locational drawings and confirmation reports iv. Quality characteristics in compliance v. Quality characteristics not in compliance vi. Corrective/remedial actions taken vii. Statement of certification viii. QC Manager s signature c. Specific instructions for recording all observations and requirements for demonstrating through the reports that the Work observed was in compliance or a deficiency was noted and action to be taken. d. Procedures to preclude the covering of deficient or rejected Work. e. Procedures for halting or rejecting Work. f. Procedures for resolution of differences between the QA/QC representative(s) and the production representative(s). g. Method of documenting QA/QC process and results including:

129 i. Automatic exception reporting ii. Resolution tracking iii. Quality Confirmation Test reports iv. Sample retention index and storage 4. The QA/QC Plan shall identify all contractual hold/inspection points as well as any Contractor imposed hold/inspections points. 5. The QA/QC Plan shall include procedures to provide verification and control of all testing provided by the Contractor including: a. Individual test records containing the following information: i. Item tested item number and description ii. Test results iii. Test designation iv. Test work sheet including location sample was obtained v. Acceptance or rejection vi. Date sample was obtained vii. Retest information, if applicable viii. Control requirements ix. Tester signature x. Testing QC staff initials b. Maintaining and providing to the Engineer daily testing records. Such records shall, at a minimum, contain the following: i. Dated list of Item(s) inspected ii. Location of the test sample(s) iii. Logs, detailed location drawings and confirmation reports iv. Quality characteristics in compliance v. Quality characteristics not in compliance vi. Corrective/remedial actions taken vii. Statement of certification c. QC Manager s signature providing for location maps/drawings (i.e. lift drawings, laying schedules, etc.) for all tests performed or location of Work covered by the tests. d. Maintaining copies of all test results. e. Ensuring Engineer receives independent copy of all tests. f. Ensuring testing lab(s) are functioning independently and in accordance with the specifications. g. Ensuring re-tests are properly taken and documented

130 H. Control of Measuring and Test Equipment: Measuring and/or testing instruments shall be adequately maintained, calibrated, certified and adjusted to maintain accuracy within prescribed limits. Calibration shall be performed at specified periods against valid standards traceable to nationally recognized standards and documented. I. Supplier Quality Assurance: The QA/QC Plan shall include procedures to ensure that procured products and services conform to the requirements of the Specifications. Requirements of these procedures shall be applied, as appropriate, to subcontractors and suppliers. QA/QC inspections and certifications shall not be deferred to the Contractor s subcontractors or suppliers. J. Deficient, Defective and Non-conforming Work and Corrective Action 1. The QA/QC Plan shall include procedures for handling of deficiencies and nonconformances. Deficiencies and non-conformances are defined as documentation, drawings, material, and equipment or Work not conforming to the specified requirements or procedures. The procedures shall prevent non-conformances by identification, documentation, evaluation, separation, disposition and corrective action to prevent recurrence. Conditions having adverse effects on quality shall be promptly identified and reported to the senior level management. The cause of conditions adverse to quality shall be determined and documented and measures implemented to prevent recurrence. In addition, at a minimum, this procedure shall address: a. Personnel responsible for identifying deficient and non-complying items within the work. b. How and by whom deficient and non-compliant items are documented in the field. c. The personnel and process utilized for logging deficient and non-compliant work at the end of each day onto a Deficiency Log. d. Tracking processes and tracking documentation for Deficient and Non- Compliant items. e. Personnel responsible for achieving resolution of outstanding deficiencies. f. Once resolved, how are the resolutions documented and by whom. K. Special Processes And Personnel Qualifications 1. The QA/QC Plan shall include detailed procedures for the performance and control of special process (e.g. welding, soldering, heat treating, cleaning, plating, nondestructive examination, etc.)

131 2. Personnel performing special process tasks shall have the experience, training and certifications commensurate with the scope, complexity, or nature of the activity. They shall be approved by the Engineer before the start of Work on the Project. L. Audits 1. The Contractor s QA/QC program shall provide for documented audits to verify that QA/QC procedures are being fully implemented by the Contractor as well as its subcontractors. Audit records shall be made available to the Engineer upon request. 2. The Contractor shall provide to the City, a quarterly report indicating any outstanding and unresolved exceptions to the QA/QC program or contract documents. The report will include documentation on any standards modifications, corrections, failed tests and a review of field procedures and checks and balances effectiveness. M. Documented Control/Quality Records 1. The Contractor shall establish methods for control of Contract Documents that describe how Drawings and Specifications are received and distributed to assure the correct issue of the document being used. The methods shall also describe how asbuilt data are documented and furnished to the Engineer. 2. The Contractor shall maintain evidence of activities affecting quality, including operating logs, records of inspections and tests, audit reports, material analyses, personnel qualification and certification records, procedures, and document review records. 3. Quality records shall be maintained in a manner that provides for timely retrieval, and traceability. Quality records shall be protected from deterioration, damage, and destruction. The Contractor shall maintain an automated exceptions list of any nonconforming or defective or substandard work. 4. The Contractor shall provide a list with specific records as specified in the Contract Documents which will be furnished to the Engineer at the completion of activities and in conjunction with logs and location drawings. N. Acceptance of QA/QC Plan: The Engineer s review and acceptance of the Contractor s QA/QC Plan shall not relieve the Contractor from any of its obligations for the performance of the Work. The Contractor s QA/QC staffing is subject to the Engineer s review and continued acceptance. The City, at its sole option, without cause, may direct the Contractor to remove and replace the QA/QC representative. No Work covered by the QA/QC Plan shall start until the Engineer s acceptance of Contractor s QA/QC plan has been obtained. O. The Engineer may perform independent quality assurance audits to verify that actions

132 specified in Contractor s QA/QC Plan have been implemented. No Engineer audit finding or report shall in any way relieve Contractor from any requirements of this Contract TESTING SERVICES A. All tests which require the services of a laboratory to determine compliance with the Contract Documents shall be performed by an independent commercial testing firm acceptable to Engineer. The testing firm s laboratory shall be staffed with experienced technicians, properly equipped and fully qualified to perform the tests in accordance with the specified standards. All standard quality assurance testing and installation verification testing will be at the expense of the Contractor. B. Testing, when required, will be in accordance with all pertinent codes and regulations and with procedures and requirements of the American Society for Testing and Materials (ASTM). C. The Engineer shall have the right to inspect work performed by the independent testing laboratory both at the project and at the laboratory. This shall include inspection of the manual, equipment calibrations, proficiency sample performance, etc.). D. Testing services provided by the City, if any, are for the sole benefit of the City; however, test results shall be available to the Contractor. Testing necessary to satisfy Contractor s internal quality control procedures shall be the sole responsibility of Contractor. E. Testing Services Provided by the Contractor 1. Unless otherwise specified, and in conjunction with, all other specified testing requirements, the Contractor shall provide the following testing services, and submit a detailed testing plan for each along with proposed forms for Engineer s review: 2. Moisture-density and relative density tests on embankment, fill, and backfill materials. 3. In-place field density test on embankments, fills and backfill. 4. QC testing of all precast and/or pre-stressed concrete 5. All other tests and engineering data required for the Engineer s review of materials and equipment proposed to be used in the Work 6. In addition, the following QC tests shall be performed by the Contractor: a. Holiday testing of pipeline and all other coatings systems applied to surfaces as required by the Engineer

133 b. Slumps, air bucket tests, compression tests and other confirmation tests. c. Air testing of field-welded joints for steel pipe or pipe cylinders and fabricated specials. d. All testing and inspection of welding work including, but not limited to, welding procedure qualifications, welder operator qualifications, all work performed by the certified welding inspector, all appropriate nondestructive testing of welds and all repair and retest of weld defects. 7. Testing, including sampling, shall be performed by the Contractor s testing firm's laboratory personnel, in the manner and frequency indicated in the Specifications. The Engineer shall have the right to stipulate the location of the confirmation tests. The Contractor shall provide preliminary representative samples of materials to be tested, to the testing firm s laboratory, in required quantities. 8. The testing firm's laboratory shall perform all laboratory tests within a reasonable time consistent with the specified standards and will furnish a written report of each test. 9. Where such inspection and testing are to be conducted by an independent laboratory agency, the sample or samples shall be selected by such laboratory or agency or the Engineer and shipped to the laboratory by the Contractor at Contractor's expense. 10. Notify laboratory sufficiently in advance of operation to allow for the assignment of personnel and schedules of tests. F. Transmittal of Test Reports: 1. Written reports of tests and engineering data furnished by Contractor for Engineer s review of materials and equipment proposed to be used in the Work shall be submitted as specified for Shop Drawings. Final transmittal of all Project testing records will be required as a final close-out submittal for the release of retainage. 2. Promptly process and distribute all required copies of test reports and related instructions to insure all necessary retesting or replacement of materials with the least possible delay in progress of the Work END OF SECTION

134 SECTION TESTING LABORATORY SERVICES PART 1 GENERAL 1.01 SCOPE A. This Section includes testing which the Engineer may require, beyond that testing required of the manufacturer, to determine if materials provided for the Project meet the requirements of these Specifications. B. This section also includes all testing required by the Owner to verify if work performed by the Contractor is in accordance with the requirements of these specifications, i.e., concrete strength and slump testing, soil compaction, etc. C. This section does not include testing required in various sections of these specifications to be performed by the manufacturer, i.e., testing of pipe. Where no testing requirements are described in various sections of these specifications, but the Engineer decides that testing is required to demonstrate compliance with material or performance standards, the Engineer may require testing to be performed under current pertinent standards for testing. D. An independent testing laboratory shall be selected by the Contractor approved by the Engineer and paid by the Contractor. The laboratory must be approved in writing by the Engineer before any testing services are performed. E. The Contractor shall pay directly for the services of the independent testing laboratory for all testing required under this Contract. F. Employment of the testing laboratory shall in no way relieve the Contractor of Contractor s obligation to perform work meeting the requirements of the Contract. G. The cost of retesting any item that fails to meet the requirements of these Specifications and/or false starts due to the Contractor's failure to properly schedule testing technicians shall be paid for by the Contractor. Retesting shall be performed by the testing laboratory as identified above in Item D. H. Testing laboratory services will be required for, but not be limited to: 1. Cement 2. Aggregate 3. Concrete

135 4. Steel and Metals 5. Welding 6. Backfill and Compaction 7. Bituminous Pavement 1.02 LABORATORY DUTIES A. Cooperate with the Owner, Engineer and Contractor. B. Provide qualified personnel promptly on notice. C. Perform specified inspections, sampling and testing of materials. 1. Comply with specified standards, ASTM, other recognized authorities, and as specified. 2. Ascertain compliance with requirements of the Contract Documents. D. Promptly notify the Engineer and Contractor of irregularity or deficiency of work which are observed during performance of services. E. Promptly submit three copies (two copies to the Engineer and one copy to the Contractor) of report of inspections and tests in addition to those additional copies required by the Contractor with the following information included: 1. Date issued 2. Project title and number 3. Testing laboratory name and address 4. Name and signature of inspector 5. Date of inspection or sampling 6. Record of temperature and weather 7. Date of test 8. Identification of product and Specification section 9. Location of sample or test in the Project

136 10. Type of inspection or test 11. Results of test and observations regarding compliance with the Contract Documents 12. Interpretation of test results, when requested by the Engineer. F. Perform additional services as required. G. The laboratory is not authorized to: 1. Release, revoke, alter or enlarge on requirements of the Contract Documents 2. Approve or accept any portion of the Work 3. Perform any duties of the Contractor CONTRACTOR RESPONSIBILITIES A. Cooperate with laboratory personnel; provide access to Work and/or manufacturer's requirements. B. Provide to the laboratory, representative samples, in required quantities, of materials to be tested. C. Furnish copies of mill test reports. D. Furnish required labor and facilities to: 1. Provide access to Work to be tested; 2. Obtain and handle samples at the site; 3. Facilitate inspections and tests; 4. Build or furnish a holding box for concrete cylinders or other samples as required by the laboratory. E. Notify the laboratory sufficiently in advance of operation to allow for the assignment of personnel and schedules of tests. F. Laboratory Tests: Where such inspection and testing are to be conducted by an independent laboratory agency, the sample(s) shall be selected by such laboratory or agency, or the Engineer, and shipped to the laboratory by the Contractor at Contractor's expense

137 G. Copies of all correspondence between the Contractor and testing agencies shall be provided to the Engineer QUALITY ASSURANCE Testing shall be in accordance with all pertinent codes and regulations and with procedures and requirements of the American Society for Testing and Materials (ASTM) PRODUCT HANDLING Promptly process and distribute all required copies of test reports and related instructions to insure all necessary retesting or replacement of materials with the least possible delay in the progress of the Work FURNISHING MATERIALS The Contractor shall be responsible for furnishing all materials necessary for testing CODE COMPLIANCE TESTING Inspections and tests required by codes or ordinances or by a plan approval authority, and made by a legally constituted authority, shall be the responsibility of, and shall be paid for by the Contractor, unless otherwise provided in the Contract Documents CONTRACTOR'S CONVENIENCE TESTING Inspection or testing performed exclusively for the Contractor's convenience shall be the sole responsibility of the Contractor SCHEDULES FOR TESTING A. Establishing Schedule 1. The Contractor shall, by advance discussion with the testing laboratory selected by the Owner, determine the time required for the laboratory to perform its tests and to issue each of its findings, and make all arrangements for the testing laboratory to be on site to provide the required testing. 2. Provide all required time within the construction schedule. B. When changes of construction schedule are necessary during construction, coordinate all such changes of schedule with the testing laboratory as required. C. When the testing laboratory is ready to test according to the determined schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra

138 costs for testing attributable to the delay will be back charged to the Contractor and shall not be borne by the Owner TAKING SPECIMENS Unless otherwise provided in the Contract Documents, all specimens and samples for tests will be taken by the testing laboratory or the Engineer TRANSPORTING SAMPLES The Contractor shall be responsible for transporting all samples, except those taken by testing laboratory personnel, to the testing laboratory. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION 3.01 TESTS AND CERTIFICATIONS A. As a minimum, the following tests shall be performed and the following certification provided: 1. Cement: Certified test results by cement manufacture or by independent laboratory shall be furnished as required by the Engineer. 2. Aggregate and Mortar Sand: Certified test results by aggregate producer or by independent laboratory shall be furnished as required by the Engineer. 3. Concrete: a. Certified test results of all concrete in accordance with ASTM C31, C39 and C172. b. Slump tests: (1) Perform slump tests on the job in accordance with ASTM standards. (2) One (1) slump test shall be performed for each 25 cubic yards of concrete. B. Steel and Miscellaneous Metal: Reinforcing steel, structural steel and miscellaneous metal may be inspected visually on site by the Engineer. C. Welding: 1 percent of all structural welds during construction shall be inspected either visually or by an independent laboratory as required by the Engineer

139 D. Laboratory tests of compacted backfill shall be made in accordance with ASTM D698. In-place density tests shall be made in accordance with ASTM D1556 or D2922. Compaction testing shall be required as specified in paragraph 3.16 of Section 02225, Trench Excavation and Backfill. E. Bituminous Concrete Pavement: Material testing for bituminous concrete shall be performed as directed by the Engineer, GDOT and the City of Atlanta Department of Public Works. Refer to paragraph 3.11 of Section 02700, Removing and Replacing Pavement END OF SECTION

140 PART 1 GENERAL 1.01 SCOPE SECTION TEMPORARY FACILITIES (PIPELINE PROJECTS) Temporary facilities required for this work include, but are not necessarily limited to: 1. Temporary utilities such as water and electricity. 2. Sanitary facilities. 3. Potable water. 4. Temporary heat and ventilation. 5. Parking facilities 1.02 GENERAL A. Installation: Furnish and install temporary facilities as required for the performance of the Work. B. Maintenance: Maintain temporary facilities in proper and safe condition throughout progress of the Work. In the event of loss or damage, immediately make all repairs and replacements necessary, at no additional cost to the Owner. C. Removal: Remove temporary facilities as rapidly as progress of the Work will permit. Clean and repair damage caused by temporary installations or use of temporary facilities TEMPORARY UTILITIES A. General: 1. Pay all costs for temporary utilities until Project completion. 2. Costs for temporary utilities shall include all power for testing equipment as required by the Contract Documents. B. Temporary Water: 1. Refer to Section for requirements related to utilization of water for construction purposes

141 2. Provide all necessary temporary piping, and upon completion of the Work, remove all temporary piping and water meters. C. Temporary Electricity: 1. Provide all necessary wiring for the Contractor's use. 2. Furnish, locate and install area distribution boxes such that the individual trades may use their own construction type extension cords to obtain adequate power and artificial lighting at all points where required and for safety SANITARY FACILITIES Prior to starting the Work, the Contractor shall furnish, for use of Contractor's personnel on the job, all necessary toilet facilities which shall be secluded from public observation. Toilet facilities shall be either chemical toilets or shall be connected to the Owner's sanitary sewer system. All facilities, regardless of type, shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the area in which the Work is performed. Adequacy of these facilities will be subject to the Engineer's review and maintenance of facilities must be satisfactory to the Engineer at all times POTABLE WATER The Contractor shall be responsible for furnishing a supply of potable drinking water for employees, subcontractors, inspectors, engineers and the Owner who are associated with the Work TEMPORARY HEAT AND VENTILATION A. Provide temporary heat and ventilation as required to maintain adequate environmental conditions to facilitate progress of the work, to meet specified minimum conditions for the installation of materials and to protect materials and finishes from damage due to temperature or humidity. B. Pay all fuel bills for temporary heat PARKING FACILITIES Parking facilities for the Contractor's and Contractor's subcontractors' personnel shall be the Contractor's responsibility

142 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION

143 SECTION SECURITY AND SAFETY PART 1 GENERAL 1.01 SECURITY PROGRAM A. The Contractor shall protect the Work, including all field offices and temporary facilities and their contents from theft, vandalism and unauthorized entry. B. The Contractor shall initiate a site security program at the time of mobilization onto the worksite, which provides adequate security for site stored and installed material. C. The Contractor shall maintain the security program throughout the Contract duration. D. The Contractor shall be wholly responsible for the security of their storage and lay down areas and for all their plant, material, equipment and tools at all times. E. The Contractor shall provide the Engineer with a list of 24 hour emergency phone numbers including chain of command ENTRY CONTROL A. The Contractor shall restrict entry of unauthorized personnel and vehicles onto the Project site. B. The Contractor shall allow entry only to authorized persons with proper identification. C. The Contractor shall maintain an Employee Log and Visitor Log and make the log available to the City upon request. The log shall be submitted to the Engineer bi-weekly or as necessary. Sample logs are included at the end of this section. D. The Contractor shall require all visitors to sign the Visitor Acknowledgment of the Program Site Rules/Visitor Log, which includes a release form. Copies of these forms shall be submitted to the Engineer bi-weekly and maintained in the Contractor's security files on-site. E. The Contractor shall require all employees to sign the Employee Acknowledgment of Project Site Rules Log included at the end of this Section. All employees, subcontractor employees and lower tier contractor employees will receive a new employee orientation. Signing the Employee Log by the employee is certifying that the orientation training has been received. F. The Engineer has the right to refuse access to the site or request that a person or vehicle be removed from the site if found violating any of the Project safety, security conduct rules

144 1.03 BARRICADES, LIGHTS AND SIGNALS A. The Contractor shall furnish and erect such barricades, fences, lights and danger signals and shall provide such other precautionary measures for the protection of persons or property and of the work as necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise, the Contractor shall furnish and maintain at least one light at each barricade and sufficient numbers of barricades shall be erected to keep vehicles from being driven on or into any work under construction. B. The Contractor will be held responsible for all damage to the work and any resulting injuries due to failure of barricades, signs and lights and whenever evidence is found of such damage, the Contractor shall immediately remove the damaged portion and replace it at Contractor's cost and expense. The Contractor's responsibility for the maintenance of barricades, signs and lights shall not cease until the Project has been accepted by the City RESTRICTIONS A. The Contractor shall not allow cameras on site or photographs taken except with approval of the City or the Engineer CONTRACTOR SAFETY/HEALTH AND SECURITY PLAN A. Prior to the performance of any work the Contractor will prepare a contract specific Safety/Health and Security Plan signed by an officer of the Contractor's organization. Adequacy of the plan shall be the responsibility of the Contractor. B. The Engineer will not review the Contractor's safety plan for the adequacy of the plan. The plan shall: 1. Identify the person(s) responsible for implementation and enforcement of Safety/Health and Security rules and regulations for this Project. 2. Generally address safe work procedures for the activities within the Contractor's scope of work. 3. Included a new employee orientation program, which addresses job and site specific rules, regulations and hazards. 4. Include the Contractor's Drug Free Work Place Policy including substance abuse prevention and testing program. 5. Include provisions to protect all of the Contractor's employees, other persons and organizations who may be affected by the work from injury, damage or loss

145 6. Comply with current Fed/OSHA, Safety/Health and Security Plan, facility safety program (when applicable), and locally accepted safety codes, regulations and practices. 7. Include a site specific emergency action and evacuation plan. 8. Include Hazard Communication/Right To Know Program. 9. Include security procedures for the Contractor's work, tools, and equipment. 10. Include the capability of providing the Engineer with documentation to show compliance with their plan, plus accidents and investigation reports. 11. Address any other specific contract requirements. C. Provide a Job Safety Analysis (JSA) for the scope of work, prior to the start of work. D. Review of the Contractor's Safety Plan by the Engineer shall not impose any duty or responsibility upon the Engineer for the Contractor's performance of the work in a safe manner. E. The Contractor shall be fully responsible for the safety and health of its employees, its subcontractors and lower tier contractors during performance of its work. F. The Contractor shall provide the Engineer with all safety reports, training records, competent person list, and accident reports prepared in compliance with Fed/OSHA and the Project Safety/Health and Security Plan PROJECT SAFETY COORDINATOR A. The Contractor shall be responsible for the safety of the Contractor s and the City s personnel and all other personnel at the site of the Work. The Contractor shall have a Project Safety Coordinator, as required by the General Conditions, on the job site. The Project Safety Coordinator shall maintain and keep available safety records and up-todate copies of all pertinent safety rules and regulations. B. The Project Safety Coordinator shall: 1. Ensure compliance with all applicable health and safety requirements of all governing legislation. 2. Schedule and conduct safety meetings and safety training programs as required by law for all personnel engaged in the work. 3. Post all appropriate notices regarding safety and health regulations at locations that afford maximum exposure to all personnel at the job site

146 4. Post the name, address and hours of the nearest medical doctor; names and addresses of nearby clinics and hospitals; and the telephone numbers of the fire and police departments. 5. Post appropriate instructions and warning signs with regard to all hazardous areas or conditions. 6. Have proper safety and rescue equipment adequately maintained and readily available for any contingency. This equipment shall include such applicable items as: proper fire extinguishers, first aid kits, safety ropes and harnesses, stretcher, life savers, oxygen breathing apparatus, resuscitators, gas detectors, oxygen deficiency indicators, explosion meters, and any other equipment mandated by law. 7. Make inspections at least once daily in accordance with an inspection checklist report form to ensure that all machines, tools and equipment are in safe operating condition; that all work methods are not dangerous; and that all work methods are free of hazards. 8. Submit to the Engineer upon request copies of all inspection checklist report forms, safety records and all safety inspection reports and certifications from regulating agencies and insurance companies. 9. Notify the Engineer of a serious accident immediately, followed by a detailed written report within twenty-four (24) hours. A serious accident is defined as an accident requiring an absence from work of more than 2 days and/or hospitalization. 10. Notify the Engineer immediately in the event of a fatal accident. 11. Notify Engineer of any accident claim against the Contractor or any sub-contractor immediately, followed up by a detailed written report on the claim and its resolution. 12. Review safety aspects of the Contractor s submittals as applicable. VISITOR ACKNOWLEDGMENT OF THE PROJECT SITE RULES

147 By signing this Visitor's Log, I acknowledge that I understand and agree to abide by the project rules outlined below. In consideration of my receipt of a visitor's pass as issued by the Engineer directly or indirectly for the City of Atlanta, I waive on behalf of myself, my heirs, employer, legal representatives and assigns and hereby release and discharge the City, Engineer, Designer, and their subcontractors and consultants and each of their directors, officers, employees, representatives and agents from any and all claims, actions, causes of action or any charge of any kind whatsoever which may arise or could arise in the future as a result of my being present at the facility including injury, death or property damage whether or not caused by the fault or negligence of any of the parties released hereunder. I further acknowledge that I have been briefed on specific hazards, hazardous substances that are on site and the site emergency action procedure. PROHIBITED ACTIVITIES Unauthorized removal or theft of City's property Violation of safety or security rules or procedures Possession of firearms or lethal weapons on jobsite Acts of sabotage Destruction or defacing City's property Failure to use sanitary facilities Failure to report accidents or job related injuries Being under the apparent influence of drugs, alcohol or other intoxicants or in possession of drugs, alcohol or other intoxicants on the property Wearing shorts or tennis shoes on the jobsite Failure to wear a hardhat/safety glasses. Gambling at any time on the project Fighting, threatening behavior, or engaging in horseplay on the project Smoking in unauthorized areas on the project Open fire cooking or making unauthorized fires on project property Selling items or raffles without authorization Use of unauthorized cameras on the project Use of radio or television in the construction area Failure to park personal vehicle in authorized parking area Failure to wear designated identification [Site Specific] Failure to use designated gates I have read, understand and agree to abide by the PROJECT SITE RULES. Furthermore, I understand failure to abide by these rules is grounds for being denied access to the project site. I have received a personal copy for my use and reference

148 VISITOR LOG THE SIGNING OF THIS LOG ACKNOWLEDGES I HAVE READ AND UNDERSTAND AND AGREE TO ABIDE BE THE PROJECT RULES OUTLINE ABOVE. THIS IS NOT A VEHICLE ACCESS PERMIT. VISITOR'S NAME PRINT SIGNATURE COMPANY VISITED DATE IN OUT

149 SECTION TRAFFIC REGULATION PART 1 GENERAL 1.01 SCOPE The work specified in this section includes the provision of products, permits, services, procedures and personnel by the Contractor to effect traffic control during the Work TRAFFIC CONTROL MANAGER A. The Contractor shall designate a qualified individual as the Traffic Control Manager (TCM) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Drawings and Specifications and the Manual of Uniform Traffic Control Devices (MUTCD) as published by the US Department of Transportation and Federal Highway Authority. B. A written resume documenting the experience and credentials of the TCM shall be submitted and accepted by the Engineer prior to beginning any work that involves traffic control. C. The TCM shall be available on a twenty-four (24) hour basis to perform his duties. If the work requires traffic control activities to be performed during the daylight and nighttime hours it may be necessary for the Contractor to designate alternate TCMs. An alternate TCM must meet the same requirements and qualifications as the primary TCM and be accepted by the Engineer prior to beginning any traffic control duties. D. The Traffic Control Manager s traffic control responsibilities shall have priority over all other assigned duties. E. As the representative of the Contractor, the TCM shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The TCM shall have appropriate training in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the TCM all other individuals making decisions regarding traffic control shall meet the training requirements of the Part VI of the MUTCD. F. The TCMs shall supervise the initial installation of traffic control devices. The Engineer prior to the beginning of construction will review the initial installation. Modifications to traffic control devices as required by sequence of operations or staged construction shall be reviewed by the TCMs

150 PART 2 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. The Contractor shall provide post-mounted and wall-mounted traffic control and informational signs as specified and required by local jurisdictions. B. The Contractor shall provide automatic traffic control signals as approved by local jurisdictions. C. The Contractor shall provide traffic cones, drums and flashing lights as approved by local jurisdictions. D. The Contractor shall provide City of Atlanta police officers and certified flaggers and flagger s equipment as required by GDOT. PART 3 EXECUTION 3.01 PERMITS A. The Contractor shall obtain permits from authorities having jurisdiction over road closures before closing any road. The Contractor shall use forms provided by authorities having jurisdiction (City of Atlanta Division of Traffic and Transportation, GDOT, etc). Refer to Section 01060, Regulatory Requirements. B. Permit applications shall indicate the time (in days), length (in feet), the number of lanes, and the purpose of the closure. C. All permits are approved for operations during off-peak hours 9:00 a.m. to 4:00 p.m. unless special approval is received. D. Operations between the hours of 6:00 p.m. and 10:00 p.m. and Saturdays and Sundays must be approved by the City E. Full street closure permits require ninety-six (96) hours advance notice prior to street closure. The following additional information is required prior to approval: 1. The recommended detour route with signage and Traffic Management Plan as per the Manual of Uniform Traffic Control Devices (MUTCD). 2. A copy of the resident and/or business notification letters about the closure. The residents/businesses located between the detour route must be notified about the closure at least five (5) business days prior to the proposed closure. F. The City of Atlanta Division of Traffic and Transportation will return full street closure permit applications to the Contractor with a cover letter to the Fire Chief, Chief of Police,

151 Grady Memorial Hospital, MARTA and the Atlanta Board of Education. The Contractor shall have received the permit application and cover letter at least seventy-two (72) hours before commencing street closure activities. G. Lane closure permits require a minimum of forty-eight (48) hour notice prior to lane closure. The Contractor shall continuously maintain the safety of the traveling public during lane closures in accordance with the requirements of the MUTCD and as stipulated by public officers. H. The City of Atlanta Division of Traffic and Transportation will return the lane closure applications to the Contractor with a cover letter with copies to the Fire Chief, Chief of Police, Grady Memorial Hospital, MARTA and the Atlanta Board of Education. The Contractor shall have received the permit application and cover letter at least seventy-two (72) hours before commencing lane closure activities PREPARATION OF TRAFFIC CONTROL PLANS A. The Maintenance of Traffic drawings included with the Contract Documents shall only be considered as a guide and are not intended to contain all the traffic regulation details that may be required by the specifications, permitting agencies and the MUTCD. The Contractor shall develop detailed staging and traffic control plans for performing specific areas of the Work including but not limited to all requirements for certified flaggers, additional traffic control devices, traffic shifts, detours, paces, lane closures or other activities that disrupt traffic flow. The Contractor shall submit these plans in accordance with the Specifications to receive final approvals from permitting agencies and provide any and all required traffic control devices as required by both the permitting agencies and these specifications at no additional cost to the City. B. The Contractor shall submit a copy of the traffic control plans approved by the local governing authoirty to the City at least 48 hours before the work begins CONSTRUCTION PARKING CONTROL A. The Contractor shall control vehicular parking to prevent interference with public traffic and parking, access by emergency vehicles and City s operations. B. The Contractor shall monitor parking of construction personnel s vehicles in existing facilities and maintain vehicular access to and through parking areas. C. The Contractor shall prevent parking on or adjacent to access roads or in non designated areas MAINTENANCE OF TRAFFIC A. Whenever and wherever, in the Engineer s opinion, traffic is sufficiently congested or public safety is endangered, the Contractor shall furnish uniformed officers to direct

152 traffic and to keep traffic off the highway area affected by construction operations. B. When the Contract requires the maintenance of vehicular traffic on an existing road, street, or highway during the Contractor's performance of Work that is otherwise provided for on the Drawings and these Specifications, the Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may be required to safely accommodate traffic. The Contractor shall furnish, erect and maintain barricades, warning signs, flaggers, and other traffic control devices in conformity with the requirements of the Georgia Department of Transportation and other local jurisdictions. C. The Contractor shall also construct and maintain in a safe condition any temporary connections necessary to ingress into and egress from abutting property or intersecting roads, streets, or highways. The Contractor shall maintain traffic in accordance with any traffic control plans furnished with and made a part of the plan assembly. D. The Contractor shall make his own estimate of all labor, materials, equipment, and incidentals necessary for providing the maintenance of traffic as specified in this section. E. Unless specified on the Drawings or in these Specifications and subject to the approval of the City, the cost of maintaining traffic specified in this section shall be included under Bid Item, Traffic Regulation UNIFORMED POLICE OFFICER FOR TRAFFIC CONTROL A. The Contractor shall provide uniformed City of Atlanta police officers to regulate traffic when construction operations are ongoing: 1. In all signalized intersections 2. In streets designated as collector streets 3. In all full street closings 4. In GDOT right of ways B. Officers will be currently employed by the City of Atlanta, be in full uniform and have full arrest power while working. C. Officers will be employed and paid by the Contractor. D. It is the officers responsibility to assist in the direction of traffic within the construction site FLAGGERS FOR TRAFFIC CONTROL

153 The Contractor shall provide Georgia Department of Transportation (GDOT) certified trained and equipped flaggers to regulate traffic when construction operations or traffic encroach on public traffic lanes FLASHING LIGHTS The Contractor shall use flashing lights during hours of low visibility to delineate traffic lanes and to guide traffic HAUL ROUTES A. The Contractor shall consult with authorities and establish public thoroughfares to be used for haul routes and site access and obtain a haul route permit as specified in Section 01060, Regulatory Requirements. B. The Contractor shall confine construction traffic to designated haul routes. C. The Contractor shall provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic ROAD CLOSURES ON CITY STREETS AND ROADS A. No street or road shall be closed without the permission of the Owner of any street or road and the fire department having jurisdiction. Prior to closing a street, road or highway, signs shall be posted for a minimum of seven (7) days prior to actual closing, forewarning of the imminent closing. The City shall determine the information to be placed upon the signs by the Contractor. Where traffic is diverted from the Work, the Contractor shall provide all materials and perform all work for the construction and maintenance of all required temporary roadways, structures, barricades, signs and signalization. B. To obtain approval to close a road or street maintained by the City, the Contractor shall proceed as follows: 1. The Contractor shall obtain approval of his traffic plan from the Engineer unless a traffic plan approved by the Engineer is included in the Drawings. The traffic plan must be in accordance with the requirements of the Georgia Department of Transportation and the City of Atlanta. 2. The Contractor shall obtain a utility permit. 3. The Contractor shall apply in writing to the City and obtain a permit to close the road on a specific date. Routine permit approval by the City requires from one (1) to two (2) weeks depending on when the application is received

154 4. The Contractor shall obtain a permit from the City before posting closure signs. Signs must be posted for seven (7) days prior to the first day of closure. Signs shall be acceptable to the Engineer. 5. Emergency road closures will be handled by the Engineer PROCEDURES FOR TRAFFIC DETOUR ROUTE PLAN A. The Contractor shall provide a sketch map showing his traffic detour route plan to the Engineer. The sketch map need not be drawn to scale but should resemble, as closely as possible, the actual location. The sketch map shall be drawn in a manner so as to provide emergency agencies a better understanding of the detour for quick response. The sketch map shall include directional arrows showing the flow of traffic. B. Road Closed Ahead signs shall be erected before the start point of the detour indicating the name of the street closed. C. Detour signs with appropriate directional arrows shall be erected at every intersection along the detour route until the end of the detour, when the traffic is back to the original street. D. The Contractor shall erect an End Detour sign at the end of the detour. E. Each detour and End Detour sign shall be accompanied by an accessory plate indicating the name of the street being detoured. F. The Contractor shall apply appropriate traffic control measures in accordance with the requirements of the MUTCD and the City of Atlanta Department of Public Works BARRICADES AND WARNING SIGNS A. The Contractor shall furnish, erect, and maintain all barricades and warning signs for hazards necessary to protect the public and the Work. When used during periods of darkness, such barricades, warning signs and hazard markings shall be suitably illuminated or reflectorized. B. For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, lights, and other traffic control devices in conformity with the requirements of the Georgia Department of Transportation and the City of Atlanta Department of Public Works. C. The Contractor shall furnish and erect all barricades and warning signs for hazards prior to commencing Work which requires such erection and shall maintain the barricades and warning signs for hazards until their dismantling is directed by the Engineer

155 3.12 REMOVAL The Contractor shall remove equipment and devices when no longer required and repair damage caused by installation RIGHT OF WAY MANUAL Included at the end of this Section are copies of the title page and pages 42 through and including page 52 from the City s Right-of Way Manual. These pages include Appendices A, B and C which indicate street designations and Appendix D which covers restrictions for working within the City s right of way. These restrictions shall also apply to GDOT right of ways END OF SECTION

156