CITY OF GAINESVILLE INVITATION TO BID

Transcription

1 INVITATION TO BID BID No FY2017 Street Resurfacing Project Bid Release: Mandatory Pre-Bid Date: Bid Questions Deadline: Bid Due Date: April 16, 2018 May 1, 2018 May 4, 2018 May 16, 2018 Postal Return Address: Courier Delivery Address: City of Gainesville City of Gainesville Purchasing Office Purchasing Office P.O. Box Henry Ward Way, Room 103 Gainesville, GA Gainesville, GA 30501

2 City of Gainesville Invitation to Bid OVERVIEW BID No FY2017 Street Resurfacing Project The City of Gainesville (hereafter referred to as City ) is seeking bids to perform work required for the FY2017 Street Resurfacing Project for the Public Works Department. BID CORRESPONDENT Upon Release of this Bid, all vendor communications concerning this acquisition must be directed to the Public Works Department correspondent listed below: Matt Tarver City of Gainesville PO Box 2496, Gainesville, GA Phone: FAX: mtarver@gainesville.org Unauthorized contact regarding the Bid with other City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City of Gainesville. Vendor should rely only on written statements issued by the Bid correspondent. MANDATORY PRE-BID MEETING A mandatory Pre-Bid Meeting will be held at 2:00 PM Eastern Standard Time on May 1, 2018 in the Roosevelt Conference Room, City Government Administration Building, 3 rd Floor located at 300 Henry Ward Way, Gainesville, GA The doors will be closed precisely at 2:00 PM and only those in attendance for the entire meeting will be allowed to bid. BID QUESTIONS All questions must be submitted in writing to the Bid correspondent named above. Questions must be received by 10:00 AM May 4, A list of questions and answers will be provided to all know Bidders and by request. Requests may be made to the Bid correspondent named above.

3 BID RESPONSE DATE AND LOCATION The Administrative Services department must receive the vendors Bid in a sealed envelope, in its entirety, not later than 2:00 PM, Eastern Standard Time in Gainesville, Georgia on May 16, Bids arriving after the deadline will be returned unopened to their senders. All Bids and accompanying documentation will become the property of the City of Gainesville and may not be returned. One (1) original and (1) copy of this Bid must be submitted to allow for evaluation. Bids must be clearly marked on the outside of the package: FY2017 Street Resurfacing Project, Bid #18011 Vendors assume the risk of the method of dispatch chosen. The City of Gainesville assumes no responsibility for delays caused by any delivery service. Postmarking by the due date will not substitute for actual Bid receipt. Late Bids will not be accepted nor will additional time be granted to any vendor. Bids may not be delivered by facsimile transmission or other telecommunication or solely by electronic means. Bid Schedule: Bid Release: Mandatory Pre-Bid Date: Bid Questions Deadline: Bid Due Date: April 16, 2018 May 1, 2018 May 4, 2018 May 16, 2018 WAIVER OF TECHNICALITIES All items must meet or exceed specifications as stated by the City of Gainesville. The City of Gainesville reserves the right to waive any technicalities and to reject or accept any Bid in its entirety or to accept any portion thereof if it is determined that either method results in lower costs, better service, final satisfaction or is otherwise determined to be in the best interest of the City of Gainesville. Award may be made by item number or in total. Determination of best response to Bid will be the sole judgment of the City of Gainesville. Bids shall remain valid for ninety days for the date of Bid opening. BID REJECTION The City of Gainesville reserves the right to reject any or all Bids at any time without penalty. Any vendor, who acts as a supplier to another vendor submitting a bid and also submits a bid of their own, will be viewed as participating in Collusive behavior. This behavior displays a pattern or practice of unethical or immoral business practices. Any vendor associated with this practice may be banned from doing business with the City of Gainesville for up to three years. MODIFICATION OF BIDS Any clerical mistake that is patently obvious on the face of the Bid may, subject to the limitations described below, be corrected upon written request and verification submitted by the Bidders. A nonmaterial omission in a Bid may be corrected if the Administrative Service Department determines that correction to be in the City s best interest. Omissions affecting or relating to any of the following shall be deemed material and shall not be corrected after Bid opening:

4 (1) Price Information; and (2) Any required Insurance WITHDRAWAL OF BIDS Bids may be withdrawn at any time prior to the Bid opening. After Bids have been publicly opened, withdrawal of a Bid shall be based upon the following: The Bidders shall give notice in writing of his claim of right to withdraw his Bid due to an error within two business days after the conclusion of the Bid opening procedure. Bids may be withdrawn from consideration if the price is substantially lower than the other Bids due solely to a mistake therein, provided the Bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of the Bid, which unintentional arithmetical error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the Bid sought to be withdrawn. The Bidder s original work papers shall be the sole acceptable evidence of error and mistake if he elects to withdraw his Bid. If a Bid is withdrawn under the authority of this provision, the lowest remaining responsive Bid shall be deemed to be the low Bid. BIDDERS RESPONSIBILITY When determining whether a Bidder is responsible, or when evaluating a Bid, the following factors may be considered, any one of which will suffice to determine whether a Bidders is responsible or the Bid is the most advantageous to the City: The ability, capacity and skill of the Bidders to perform the contract or provide the equipment and/or service required. The character, integrity, reputation, judgment, experience and efficiency of the Bidders. Whether the Bidders can perform the contract within the time specified. The quality of performance of previous public and private contracts or services, including, but not limited to, the Bidder s failure to perform satisfactorily or complete any written contract. The City s termination for default of a previous contract with a Bidder, within the past three years, shall be deemed to be such a failure. The previous and existing compliance by the Bidders with laws relating to the contract or service. Evidence of collusion with any other Bidders, in which case colluding Bidders will be restricted from submitting further Bids on the subject project or future Bids, for a period not less than three years. The Bidders has been convicted of a crime of moral turpitude or any felony, excepting convictions that have been pardoned, expunged or annulled, whether in this state, in any other state, by the United States, or in a foreign country, province or municipality. Bidders shall affirmatively disclose to the City all such convictions, especially of management personnel or the Bidders as an entity, prior to notice of award or execution of a contract, whichever comes first. Failure to make such affirmative disclosure shall be grounds, in the City s sole option and discretion, for termination for default subsequent to award or execution of the contract.

5 If the Bidders will be unable, financially or otherwise, to perform the work. At the time of the Bid opening, the Bidder is not authorized to do business in the Georgia, or otherwise lacks a necessary license, registration or permit. Any other reason deemed proper by the City. NON-ENDORSEMENT As a result of the selection of a vendor to supply products and/or services to the City of Gainesville, the City of Gainesville is neither endorsing nor suggesting that the vendor s product is the best or only solution. The vendor agrees to make no reference to the City of Gainesville in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Gainesville. PROPRIETARY BID MATERIAL Any information contained in the Bid that is proprietary will be neither accepted nor honored. All information contained in this Bid is subject to public disclosure. RESPONSE PROPERTY OF THE All material submitted in response to this request become the property of the City of Gainesville. Selection or rejection of a response does not affect his right. NO OBLIGATION TO BUY The City of Gainesville reserves the right to refrain from contracting with or purchasing from any vendor. The release of this Bid does not compel the City of Gainesville to purchase. COST OF PREPARING BIDS The City of Gainesville is not liable for any cost incurred by vendors in the preparation and presentation of Bids and demonstrations submitted in response to this Bid. NUMBER OF BID COPIES REQUIRED Vendors are to submit (1) original Bid and (1) copy. ADDENDA Bidders are responsible to check the City of Gainesville s website for the issuance of any addenda prior to submitting a Bid. The address is BID AWARD AND EXECUTION The City will select the Bid that, in its sole discretion, is the most responsive and responsible Bid to the City. The City reserves the right to make any award without further discussion of the Bid submitted; there may be no best and final offer procedure. Therefore, the Bid should be initially submitted on the most favorable terms the vendor can offer. The specification may be altered by the City of Gainesville based on the vendor s Bid and an increase or reduction of services with the manufacturer may be negotiated before Bid award and execution.

6 Should the owner require additional time to award the Contract, the time may be extended by the mutual agreement between the Owner and the successful Bidder. If an award of Contract has not been made within ninety days from the Bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party. LOCAL VENDOR PREFERENCE Local Vendor means a bidder or offeror which operates and maintains a brick and mortar business, i.e. a physical business address, within the city limits of the City of Gainesville, has a current business license, has paid in full all real and personal taxes owed the City, is considered a vendor in good standing with the City and can obtain an active vendor status. A local vendor may receive an opportunity to match for purchases, bids, Bid or contracts over $20,000 and less than $150,000. The local vendor may be given an opportunity to match the lowest price Bid, if the quotation or bid of the local vendor is within 3% of the lowest price Bid by a non-local vendor. In the event a local vendor matches the lowest price Bid, including all other terms, quality, services and conditions, then the local vendor shall be awarded the contract. In the event the price Bid of more than one local vendor is within 3% of the lowest overall price Bid of a non-local vendor, the local vendor with the lowest Bid will be given the first opportunity to match the lowest overall price Bid. If this local vendor declines to match the price Bid, then the local vendor with the next lowest bid within 3% will be given the opportunity to match the lowest Bid. This process will continue with all local vendors having Bid within 3% of the lowest overall bid by a non-local vendor. Policy to be stated. This policy shall be so stated in all applicable solicitations. Exemptions. This provision does not apply to public works construction projects or road projects pursuant to the laws of the State of Georgia (O.C.G.A or 32-4). BID REQUIREMENTS/EVALUATION CRITERIA The City will evaluate all written submittals. It is incumbent upon the Bidders to demonstrate within their Bids how each requirement will be satisfied. All Bids must meet the specification as outlined in this Bid. The City reserves the right to investigate the qualifications and experience of the Bidders, or to obtain new Bids. Bids not sufficiently detailed or in an unacceptable form may be rejected by the City. Dates and documentation included in the Bid become public information upon opening the Bids. Interested firms must follow the process outlined in the following pages in submitting their Bid. The following criteria, not listed in order of importance, will be used to evaluate Bids. Terms, condition and pricing of purchase or lease agreement. Cost of amenities available for the product(s).

7 Bidder Requirements Bidder must provide evidence, satisfactory to the City, of the following insurance requirements: o Owner requires the Contractor to have and maintain the following insurance coverage and indemnification provisions with the City of Gainesville named as an additional insured hereunder. o The Contractor agrees to provide and maintain insurance coverage until the contract is completed and to furnish certificates from its insurance carriers showing that it carries insurance in the minimum limits as listed in Article 4 of Section General Conditions. o Proof of Insurance The Contractor shall furnish the Owner with certificates showing the type, amount, class of operations covered, effective dates, and date of expiration of policies. Such certificates shall also contain substantially the following statement: The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days written notice has been received by the Owner. Product Requirements The following specifications are provided as a minimal requirement only. The City will consider any product that meets or exceeds the minimum requirements. Bidders shall provide information regarding the proposed product for evaluation by the City. Responsibilities of the Bidder The Bidder, at its sole expense shall: Deliver, install, test and adjust product. If the City selects this option, provide routine maintenance and service included replacing all parts of Equipment which are faulty and/or worn out. Repair or replace inoperable items within 48 hours of notification by the City. Comply with all laws, ordinances, regulations, requirements and rules with respect to the maintenance of the (product). **The City of Gainesville is an equal opportunity owner/employer and will not discriminate against any vendor because of race, creed, color, religion, sex, national origin, or ADA disability status. *** The City of Gainesville will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d 42 USC 2000d 4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation

8 Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement.

9 City of Gainesville INVITATION TO BID Bid No FY2017 Street Resurfacing Project Bid Certification This form must be completed and signed for bid to be considered. With my signature, I certify that I am authorized to commit my firm to the Bid and that the information herein is valid for 90 days from this date. I further certify that all information presented herein is accurate and complete and that the scope of work can be performed as presented in this Bid upon the City s request. Postal Return Address: Courier Delivery Address: City of Gainesville City of Gainesville Purchasing Office Purchasing Office P.O. Box Henry Ward Way, Room 103 Gainesville, GA Gainesville, GA Bid Response: Price: $ Having read and responded to all attached specifications, the undersigned offers the above quoted prices, terms and conditions. Signed, sealed, and delivered In the presence of: Unofficial Witness (Name of Company) By: (Person authorized to sign binding contract) Title: Notary Public Commission Expires: Attest: (Officer of Company if Corporation) Title:

10 CONTRACT DOCUMENTS FY2017 STREET RESURFACING PROJECT CITY OF GAINESVILLE, GEORGIA DATE April 2018 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION

11 SECTION TABLE OF CONTENTS Division 00 Section Bidding and Contract Requirements Title Invitation to Bid Copy of Company s Business License or Articles of Incorporation Bid-Unit Price Bid Bond Vendor Application Drug-Free Workplace Certificate Statement of Bidder s Qualifications Non-Collusion Affidavit of Prime Bidder Non-Collusion Affidavit of Sub-Contractor Contractor s License Certification Corporate Certificate Contract Agreement Performance Bond Payment Bond Company s Insurance Certificate Final Affidavit, Release and Lien Waiver General Conditions Supplemental Conditions Division 01 General Requirements Section Title Summary of Work Work Restrictions Cash Allowances Measurement and Payment Project Management and Coordination Construction Progress Documentation Submittal Procedures Regulatory Requirements Codes and Standards References Quality Control Vehicular Access and Parking Temporary Dust Barriers Progress Cleaning Close-out Procedures Division 02 Site Construction Section Title Milling and Patching

12 SECTION TABLE OF CONTENTS Division 32 Section Title Bituminous Tack Coat Asphalt Pavement Curb and Gutter Paving Specialties Thermoplastic Pavement Markings Division 34 Section Title Traffic Control Appendices Appendix A Project Detail Sheets

13 SECTION COMPANY S BUSINESS LICENSE OR ARTICLES OF INCORPORATION PLEASE STAPLE TO THIS PAGE THE ABOVE TITLED APPLICABLE DOCUMENTS.

14 SECTION BID-UNIT PRICE BID FORM FY2017 STREET RESURFACING PROJECT, GAINESVILLE, GEORGIA Date: TO: City of Gainesville Administrative Service Department 300 Henry Ward Way, Suite 103 P.O. Box 2496 Gainesville, Georgia Having carefully examined the Bidding Documents entitled FY2017 Street Resurfacing Project, and all its addenda as listed below, as well as the premises and conditions affecting the Work, the Undersigned hereby proposes to furnish all services, labor and materials, tools and equipment necessary to perform the Work in strict conformance with the terms, conditions, provisions, schedules, specifications and drawing as set forth in the Bidding Documents (please refer to Section Measurement and Payment for explanations of the items listed in the Bid Schedule), and to construct the project in accordance with the Georgia Department of Transportation Standard Specifications Construction of Transportation Systems, latest edition. The Project consists of the following major elements: Furnishing all products and performing all labor necessary for the overlay of approximately 1.99 miles of roadway, including all necessary traffic control, patching, milling, paving, reclamation as identified and other miscellaneous items necessary to complete the work. The Bidder proposes and agrees, if this bid is accepted, to contract with the City of Gainesville in the form of contract agreement specified, to furnish all necessary products, machinery, tools, apparatus, means of transportation, material and labor necessary to complete the construction of the work in full and complete accordance with the reasonably intended requirements of the contract documents and the Georgia Department of Transportation Standard Specifications Construction of Transportation Systems, latest edition, and to the full and entire satisfaction of the City of Gainesville for the following prices:

15 SECTION BID-UNIT PRICE ITEM 1 TRAFFIC CONTROL Section a. 1 LS Provide all Traffic Control $ /LS $ ITEM 2 SOIL-CEMENT CONSTRUCTION Section a. 600 SY Soil-Cement Stabilized Base $ /SY $ b. 100 TN Portland Cement $ /TN $ ITEM 3 PAVING Section a TN 9.5 MM Superpave ( ) $ /TN $ b TN 9.5 MM OGFC Levelling $ /TN $ c TN 19 MM Patching $ /TN $ ITEM 4 MILLING Section a. 29,000 SY Mill Variable Depth $ /SY $ ITEM 5 BITUMINOUS TACK COAT Section a GAL Bituminous Tack Coat $ /GAL $ ITEM 6 THERMOPLASTIC PAVEMENT MARKINGS Section a. 10,500 LF 5 White Solid Stripe ( ) $ /LF $ b. 16,580 LF 5 Yellow Solid Stripe ( ) $ /LF $ c. 170 LF 24 White Solid Stripe ( ) $ /LF $ d. 100 LF 8 White Solid Stripe ( ) $ /LF $ e. 5 EA Arrow Type 2 ( ) $ /EA $ f. 100 GLF 5 White Skip Stripe ( ) $ /GLF $

16 SECTION BID-UNIT PRICE ITEM 7 CASH ALLOWANCES Section a. Soil-Cement Mix Design $ 10, b. Density Testing $ 10, BID TOTAL, ITEMS 1 THROUGH 7, INCLUSIVE, THE AMOUNT OF DOLLARS ($ ) The Bidder declares that he understands that the quantities shown for unit price items are subject to either increase or decrease, and that should the quantities of any of the items of work be increased, the Bidder proposes to do the additional work at the unit prices stated herein; and should the quantities be decreased, the Bidder also understands that payment will be made on the basis of actual quantities at the unit price bid and will make no claim for anticipated profits for any decrease in quantities; and that actual quantities will be determined upon completion of work, at which time adjustment will be made to the Contract Amount by direct increase or decrease. In case of discrepancies between the figures shown in the unit prices and the totals, the unit prices shall apply and the totals shall be corrected by the "Owner" to agree with the unit prices. In case of discrepancies between written amounts and figures, written amount shall take precedence over figures and the sum of all Bid extensions (of unit prices) plus lump sum items shall take precedence over BID TOTAL. The Undersigned agrees, if awarded the contract, to commence the work within ten (10) calendar days of receipt of Notice to Proceed and complete the work within 90 days of receipt of said Notice to Proceed, as per the General Conditions. Attached hereto is Bid Security in the form of a ( ) Bid Bond, ( ) Certified Check, or ( ) Bank Cashier s Check, in accordance with the Instruction to Bidders in the amount of not less than five percent (5%) of the Base Bid. The Undersigned agrees that, in case of failure on his part to execute the Contract and provide the required Contract Bonds within ten (10) days after being given the same by the Owner for execution, the Bid Bond accompanying this bid is callable; otherwise said Bid Bond shall be returned to the Undersigned upon completion of such obligations. CONTINUED ON NEXT PAGE

17 SECTION BID-UNIT PRICE The Bidder operates as: Individual Partnership Corporation in the State of Receipt of Addenda: Bidder Acknowledges receipt of Addendum No. 1 dated. Bidder Acknowledges receipt of Addendum No. 2 dated. Bidder Acknowledges receipt of Addendum No. 3 dated. Respectfully Submitted, BY: (Signature, by Officer of corporation) (SEAL) Name of Bidder (Type or print) Title: Phone: Company: Fax: Address: Witness: Date: (Officer of Corporation) END OF SECTION

18 SECTION BID BOND STATE OF GEORGIA COUNTY OF HALL KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto the City of Gainesville, Georgia in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted to the Owner a Bid for the project known as: FY2017 Street Resurfacing Project NOW THEREFORE, the conditions of this obligation are such that if the Bid be accepted, the Principal shall, within ten (10) days after receipt of conformed Contract Documents, execute a Contract in accordance with the Bid upon the terms, conditions and prices set forth therein, and in the form and manner required by the Contract Documents and execute sufficient and satisfactory separate Performance and Payment Bonds, as applicable, payable to the Owner, each in an amount of one hundred (100) percent of the total Contract Price, in form satisfactory to the Owner, then this obligation shall, upon failure of the Principal to comply with any or all of the foregoing requirements within the time specified above, immediately pay to the aforesaid Owner, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. This bond is given pursuant to and in accordance with the provisions of O.C.G.A. Section et. seq. and all the provisions of the law referring to this character of bond as set forth in said Sections or as may be hereinafter enacted and these are hereby made a part hereof to the same extent as if set out herein in full. IN WITNESS WHEREOF, the said Principal has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by its duly authorized officers, on this day of, 20.

19 SECTION BID BOND CONTRACTOR - PRINCIPAL: By: Name: Address: (Please Print) ATTEST: Phone: Name: Title: (SEAL) (Please Print) Note: Attest for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary. SURETY: By: Name: Title: (Please Print) ATTEST: Phone: Name: Title: (SEAL) (Please Print) Note: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located. Resident agent in state in which Work is to be performed: Name: Address: Phone: END OF SECTION

20 SECTION VENDOR APPLICATION VENDOR PACKET INCLUDES THE FOLLOWING: - Vendor Application Memo - Vendor Application - Contractor Affidavit Under O.C.G.A (b)(1) - W-9 Form

21 Dear City of Gainesville Vendor, CITY OF GAINESVILE OFFICE OF FINANCIAL SERVICES AND INFORMATION TECHNOLOGIES Thank you for your interest in becoming an approved vendor with the City of Gainesville. We are providing this vendor packet to be completed in order to place your company on the approved active vendor list for the City. The requested information allows us to comply with the City, County, State, and Federal laws and regulations. Although there is a lot of information enclosed in this packet, it is our intention to make this process as easy as possible. The following instructions will walk you through the required documents that we require to be returned to the City in order to make your vendor packet complete. Should you have further questions regarding this process our purchasing department is always willing to answer your questions. The following documents must be returned to the City in order to make your company an active vendor with the City: 1. Vendor Application (page 2) Ensure that all the information you include on this application is accurate and legible as this is our primary way of ensuring we contact the proper people within your company 2. W9 Ensure that you include your social security number or the employer identification number and that this page is signed. 3. Proof of Registration with the Secretary of State is required. (An individual/sole proprietor must provide a business license from a local government in the State of Georgia). 4. Certificate of Insurance This is a certificate issued to your company through your insurance agency verifying that you have a valid insurance policy. (City must be additional named) 5. Additional insurance/documents may be required depending on your type of business with the City. You will be notified of additional requirements when your vendor packet is reviewed. 6. The City of Gainesville will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d 42 USC 2000d 4 (hereinafter referred to as the Act), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives federal financial assistance from the Department of Transportation, including the Federal Highway Administration, and HEREBY GIVES ASSURANCE THAT it will promptly take any measures necessary to effectuate this agreement. Should you have questions regarding this packet contact Kevin Hutcheson at or via at kevin.hutcheson@gainesville.org or Mary Nulty at or via at mnulty@gainesville.org. Please return all complete paperwork to the City of Gainesville s Purchasing Department located at: 300 Henry Ward Way Post Office Box 2496 Gainesville, Georgia 30503

22 City of Gainesville Purchasing Office VENDOR APPLICATON General Vendor Information Company/Individual Name Doing Business As (If Sole Proprietor) Remittance Address City State Zip Code Main Office Address (If different) City State Zip Code Principal Line of Business Phone Number Fax Number Address Organized As: Individual Partnership Corporation Other Date: State Vendor Representatives Please type or Print in Ink (Additional names may be submitted on a separate sheet) Name of Vendor Representative Title Business Phone Name of Vendor Representative Title Business Phone Name of Vendor Representative Title Business Phone Purchasing Contact Title Business Phone Name and Signatures of Person(s) Authorized to Sign Bids, Contracts, Wires & Vendor File changes. (Additional names may be submitted on a separate sheet) Actual Signature (Manually Signed) Title Business Phone Printed Name Actual Signature (Manually Signed) Title Business Phone Printed Name Comments: (For Internal Use Only) Initial Application Revision Vendor ID Number Packet Reviewed by:

23 City of Gainesville PURCHASING POLICY Our purchasing policies are such that we attempt to consider at least three vendors for qualifying purchases. Historically, we generally have knowledge of which best meets our specifications and the lowest bid usually wins; however, each bid awarded is given careful judgment. The City of Gainesville reserves the right to reject any and all responses, waive technicalities, and make such decisions as deemed necessary in its own best interest. 1. PURCHASES UNDER $2,500 Buyer uses judgment as to source, supply and number of quotations to obtain. Purchase Order is not necessary. 2. PURCHASES $2,500 TO $49,999 Requisition and Purchase Order required with three competitive written, faxed, or ed quotes. 3. PURCHASES $50,000 and over - Requisition and Purchase Order required with formal sealed bid or proposal process. You are welcome to check with our office to inquire about current possibilities or check the local newspaper for publicly advertised request for qualifications, proposals or bids. Many (but not all) RFP/RFQ/Bid packages are also listed on our websitewww.gainesville.org. We are permitted to participate in existing State contracts and do make comparisons to those prices. The City of Gainesville is an equal opportunity owner/employer and will not discriminate against any bidder and/or contractor because of race, creed, color, religion, sex, national origin or ADA disability status. City of Gainesville Insurance General Requirements (See risk matrix for specific requirements) General Liability Coverage (all vendors) - Before commencing any work for the City of Gainesville, you must furnish a valid General Liability Certificate of Insurance with a minimum limit of $2,000,000 per occurrence for bodily injury and property damage. The City of Gainesville, GA must be shown as an additional insured. Workers Compensation (all vendors) - A valid Worker s Compensation Certificate of Insurance must be submitted evidencing: o o Workers Compensation Statutory Limits Employer's Liability: Bodily Injury by Accident - $1,000,000 each accident Bodily Injury by Disease - $1,000,000 policy limit Bodily Injury by Disease - $1,000,000 each employee Auto Liability Certificate of Insurance (if auto is used in the performance of work): o Minimum $1,000,000 limit per occurrence for bodily injury and property damage. Comprehensive form covering all owned and non-owned and hired vehicles. Professional Services Insurance (required by all professional services vendors) o Minimum $1,000,000 limit

24 Contractor Affidavit under O.C.G.A (b)(1) By executing this affidavit, the undersigned, who is the duly elected/appointed <insert title> of, <name of entity> the contractor, and is duly authorized to make this Affidavit on behalf of the contractor, verifies its compliance with O.C.G.A , stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of City of Gainesville, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A (b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on,, 201 in (city), (state). Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF,201. NOTARY PUBLIC My Commission Expires: JAR/mmk/11403/W189165

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

26 Form W-9 (Rev ) Page 2 Note. If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester s form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: An individual who is a U.S. citizen or U.S. resident alien; A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; An estate (other than a foreign estate); or A domestic trust (as defined in Regulations section ). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a saving clause. Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called backup withholding. Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application. b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or doing business as (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a disregarded entity. See Regulations section (c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, Business name/disregarded entity name. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN.

27 Form W-9 (Rev ) Page 3 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box in line 3. Limited Liability Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the Limited Liability Company box and enter P in the space provided. If the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the Limited Liability Company box and in the space provided enter C for C corporation or S for S corporation. If it is a single-member LLC that is a disregarded entity, do not check the Limited Liability Company box; instead check the first box in line 3 Individual/sole proprietor or single-member LLC. Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space in line 4 any code(s) that may apply to you. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Corporations are not exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1 An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2 The United States or any of its agencies or instrumentalities 3 A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4 A foreign government or any of its political subdivisions, agencies, or instrumentalities 5 A corporation 6 A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7 A futures commission merchant registered with the Commodity Futures Trading Commission 8 A real estate investment trust 9 An entity registered at all times during the tax year under the Investment Company Act of A common trust fund operated by a bank under section 584(a) 11 A financial institution 12 A middleman known in the investment community as a nominee or custodian 13 A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to Barter exchange transactions and patronage dividends Payments over $600 required to be reported and direct sales over $5,000 1 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 Generally, exempt payees 1 through 5 2 Exempt payees 1 through 4 1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with Not Applicable (or any similar indication) written or printed on the line for a FATCA exemption code. A An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B The United States or any of its agencies or instrumentalities C A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section (c)(1)(i) E A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section (c)(1)(i) F A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G A real estate investment trust H A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I A common trust fund as defined in section 584(a) J A bank as defined in section 581 K A broker L A trust exempt from tax under section 664 or described in section 4947(a)(1) M A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner s SSN (or EIN, if the owner has one). Do not enter the disregarded entity s EIN. If the LLC is classified as a corporation or partnership, enter the entity s EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at You may also get this form by calling Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS-4 from the IRS by visiting IRS.gov or by calling TAX-FORM ( ). If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write Applied For in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering Applied For means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.

28 Form W-9 (Rev ) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. Other payments include payments made in the course of the requester s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint The actual owner of the account or, account) if combined funds, the first individual on the account 1 3. Custodian account of a minor The minor 2 (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor-trustee 1 trust (grantor is also trustee) b. So-called trust account that is The actual owner 1 not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner 3 entity owned by an individual 6. Grantor trust filing under Optional The grantor* Form 1099 Filing Method 1 (see Regulations section (b)(2)(i) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 4 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form Association, club, religious, The organization charitable, educational, or other taxexempt organization 11. Partnership or multi-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section (b)(2)(i) (B)) 1 List first and circle the name of the person whose number you furnish. If only one person on a joint account has an SSN, that person s number must be furnished. 2 Circle the minor s name and furnish the minor s SSN. 3 You must show your individual name and you may also enter your business or DBA name on the Business name/disregarded entity name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. 4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships on page 2. *Note. Grantor also must provide a Form W-9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: Protect your SSN, Ensure your employer is protecting your SSN, and Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at or submit Form For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at or TTY/TDD Protect yourself from suspicious s or phishing schemes. Phishing is the creation and use of and websites designed to mimic legitimate business s and websites. The most common act is sending an to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via s. Also, the IRS does not request personal detailed information through or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at You can forward suspicious s to the Federal Trade Commission at: spam@uce.gov or contact them at or IDTHEFT ( ). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.

29 SECTION DRUG-FREE WORKPLACE CERTIFICATE By signature on this certificate, the Contractor certifies that the provisions of O.C.G.A. Section through related to the Drug-Free Workplace Act have been complied with in full. The Contractor further certifies that: 1. A drug-free workplace will be provided for the Contractor's employees during the performance of the Contract; and 2. Each Contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: As part of the subcontracting agreement with (Contractor's name), (Subcontractor's name) certifies to the Contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Contract pursuant to O.C.G.A. Section (b)(7). By signature on this certificate, the Contractor further certifies that it will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the Contract. CONTRACTOR: By: (name signed) (name printed or typed) Title: Date: END OF SECTION

30 SECTION STATEMENT OF BIDDER S QUALIFICATIONS All questions shall be answered and the data given shall be clear and comprehensive. This statement shall be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information desired. Attach all additional sheets to this statement. Submission of a response authorizes the Owner to make inquires concerning the respondent and its officers to any persons or firms deemed appropriate by the Owner. Any proprietary information that the Contractor does not want disclosed to the public shall be so identified on each page in which it is found. The Owner, solely for the purpose of evaluation and contract negotiations, will use data or information so identified. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a Corporation, where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand (schedule these, showing amount of each contract and the appropriate anticipated dates of completion): 7. General description of work performed by your company (list by prime or subcontractor status): 8. Have you ever failed to complete any work awarded to you. If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the most important projects completed by your company, stating the name, location, type construction, and approximate cost for each, and the month and year completed; Provide name and phone number of Owner or Owner s representative: 11. Experience in construction work similar in nature, scope, and importance to this project: 12. Background and experience of the principal members of your organization, including officers:

31 SECTION STATEMENT OF BIDDER S QUALIFICATIONS The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the local public agency in verification of the recitals comprising this Statement of Bidder's Qualifications. Dated this day of, 20. BIDDER: By: Title: State of County of being duly sworn deposes and says that he or she is of and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and Sworn to before me this day of, 20. (Notary Public) My Commission expires: (SEAL) END OF SECTION

32 SECTION NON-COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF GEORGIA COUNTY OF HALL He or she is (Owner, Partner, Officer, Representative or Agent), being first duly sworn, deposes and says that: of, the Bidder that has submitted the attached Bid; he or she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; Such Bid is genuine and is not a collusive or sham Bid; Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Gainesville, Georgia or any person interested in the proposed Contract; and The price or prices quoted in the attached Bid are fair and proper and not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. (Signed) (Title) Subscribed and Sworn to before me this day of, 20. (Notary Public) My Commission expires: END OF SECTION (SEAL)

33 SECTION NON-COLLUSION AFFIDAVIT OF SUB-CONTRACTOR STATE OF GEORGIA COUNTY OF HALL, being first duly sworn, deposes and says that: He or she is Of (Owner, Partner, Officer, Representative or Agent) hereinafter referred to as the "Subcontractor"; He or she is fully informed respecting the preparation and contents of the Subcontractor's Proposal and of all pertinent circumstances respecting such Proposal; Such Subcontractor's Proposal is genuine and is not a collusive or sham Proposal; Neither the said Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with the Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in said Subcontractor's Proposal or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Gainesville, Georgia or any person interested in the proposed Contract; and The price or prices quoted in the Subcontractor's Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this Affiant. BIDDER: By: Title: (name signed) (name printed or typed) Date: Subscribed and sworn to me this day of, 20. NOTARY PUBLIC: (name signed) (name printed or typed) Commission Expires: END OF SECTION

34 SECTION CONTRACTOR LICENSE CERTIFICATE Bidder/Contractor s Name: Contractor s License Number: Expiration Date of License: I certify that the above information is true and correct and that the classification noted is applicable to the bid for this Project. BIDDER: By: (name signed) (name printed or typed) Title: Date: END OF SECTION

35 SECTION CORPORATE CERTIFICATE I,, certify that I am the Secretary of the Corporation named as Bidder in the foregoing Bid; that behalf of the Contractor was then, who signed said Bid on of said Corporation; that said Bid was duly signed for and on behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _. This day of, 20. Corporate Secretary: (name signed) (name printed or typed) (SEAL) END OF SECTION

36 SECTION CONTRACT AGREEMENT This Contract Agreement made and entered into the day of, 20, by and between the, GEORGIA, a municipal corporation located in the County of Hall of the State of Georgia, (hereinafter referred to as Owner) and (hereinafter referred to as Contractor). WITNESSETH: That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the Owner as follows: That the Contractor will furnish all products, tools, construction equipment, skill and labor of every description necessary to carry out and to complete in a good, firm, substantial workmanlike manner the construction of the project known as: FY2017 Street Resurfacing Project City of Gainesville, Gainesville, Georgia and will complete work in strict conformity with the Drawings and the Specifications, which, together with the foregoing Bid made by the Contractor, the Invitation for Bid, Instructions to Bidders, General, Supplementary, and Special Conditions, Performance and Payment Bonds, all Addenda, and any additional references specifically noted in the Table of Contents hereto incorporated (if applicable) form essential parts of this Contract Agreement, as if fully contained herein. That the Contractor shall commence the Work to be performed under this Contract Agreement on a date to be specified in a written Notice to Proceed and shall fully complete all work hereunder within Ninety (90) consecutive calendar days, which includes the inclement weather days as described in Section , Article 31. Time is of the essence and is an essential element of this Contract, and the Contractor shall pay to the Owner, not as a penalty, but as liquidated damages, the sum of One Hundred and Fifty Dollars ($150.00) for each calendar day that there is default of completing the Work within the time limit named herein. If the Contractor abandons the Contract before commencement of the Work or defaults in completion of all the Work after commencement thereof, the Contractor shall be liable for such liquidated damages. These fixed liquidated damages are not established as a penalty but are calculated and agreed upon in advance by the Owner and the Contractor due to the uncertainty and impossibility of making a determination as to the actual and consequential damages incurred by the Owner and the general public of the City of Gainesville, Hall County, Georgia as a result of the failure on the part of the Contractor to complete the Work on time. Such liquidated damages referred to herein are intended to be and are cumulative and shall be in addition to every other remedy now or hereafter enforceable at law, in equity, by statute, or under the Contract. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Contract Agreement, subject to additions and deductions as provided in the

37 SECTION CONTRACT AGREEMENT Specifications and Bid, in lawful money of the United States of America, the sum of Dollars ($ ) which sum shall also pay for loss or damage arising out of the nature of the Work aforesaid, or from the action of the elements, or from unforeseen obstructions or difficulties encountered in the prosecution of the Work, and for all expenses incurred by, or in consequence of the Work, its suspension or discontinuance and for well and faithfully completing the Work and the whole thereof, as herein provided, and for replacing defective work or products for periods of time after completion as specified under various warranty and guarantee sections of this Contract Documents. The Owner shall make monthly partial payments to the Contractor in accordance with the provisions of the Contract Documents. Final payment on account of this Contract Agreement shall be made within thirty (30) days after the completion by the Contractor of all work covered by this Contract Agreement and the acceptance of such work by the Owner, in accordance with the provisions of the Contract Documents. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Contract Agreement and the surety bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the performance of the Work, the Contractor shall, at no additional expense to Owner, within five days after the receipt of notice from the Owner to do so, furnish an additional bond or bonds in such form and amount, and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract Agreement until such new or additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Owner. IN WITNESS WHEREOF, the parties hereto have executed this Contract Agreement under their respective seals on the day and date first above written in three counterparts each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. CONTINUED ON NEXT PAGE

38 SECTION CONTRACT AGREEMENT APPROVED TO FORM BEFORE EXECUTION: By: Attorney for the Owner OWNER:, GEORGIA By: Name: (Please Print) WITNESS: By: Name: Denise Jordan (Please Print) (SEAL) Title: City Clerk CONTRACTOR: By: Name: (Please Print) Title: ATTEST: By: Name: Title: (Please Print) (SEAL) Note: If the Contractor is a corporation, the Contract Agreement shall be signed by the president or vice president, attested by the secretary and the corporate seal affixed. If the Contractor is a partnership, the Contract Agreement shall be signed in the partnership name by one of the partners, with indication that he or she is a general partner. END OF SECTION

39 SECTION PERFORMANCE BOND STATE OF GEORGIA BOND NO. COUNTY OF HALL Know ALL MEN BY THESE PRESENTS, that we,, as Principal, thereinafter known as "Contractor"), and we,, as Surety, do hereby acknowledge ourselves indebted and firmly bound and held unto the City of Gainesville for use and benefit of those entitled thereto, in the sum of Dollars ($ ) for the payment of which will and truly to be made, in lawful money of the United States, we do hereby bind ourselves, successors, assigns, heirs and personal representatives. BUT THE CONDITION OF THE FOREGOING OBLIGATION OR BOND IS THIS: WHEREAS, the Owner has engaged the said Contractor for the sum of ($ ) for the project known as: FY2017 Street Resurfacing Project City of Gainesville, Gainesville, Georgia Dollars as more fully appears in a written Contract Agreement bearing the date of, 20, a copy of which Contract Agreement is by reference hereby made a part hereof. NOW, THEREFORE, if said Contractor shall fully and faithfully perform all the undertakings and obligations under the said Contract Agreement hereinbefore referred to and shall fully indemnify and save harmless the said Owner from all costs and damage whatsoever which it may suffer by reason of any failure on the part of said Contractor to do so, and shall fully reimburse and repay the said Owner any and all outlay and expense which it may incur in making good any such default, and shall correct all defects in products and workmanship appearing within one (1) year of the completion of all Work, then this obligation shall be null and void, otherwise, it shall remain in full force and effect. And for value received it is hereby stipulated and agreed that no change, extension of time, alteration or addition to the terms of the said Contract Agreement, or in the Work

40 SECTION PERFORMANCE BOND to be performed thereunder, or the Specifications accompanying the same shall in any way affect the obligations under this Contract Agreement or Bond, and notice is hereby waived any such damage, extension or time, alteration or addition to the terms of the Contract Agreement or to the Work or to the Contract Documents. This bond is given pursuant to and in accordance with provisions of O.C.G.A. Section et. seq. and et. seq. and all the provisions of the law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by it duly authorized officers, on this day of, 20, executed in six counterparts. CONTINUED ON NEXT PAGE

41 SECTION PERFORMANCE BOND CONTRACTOR - PRINCIPAL: (SEAL) BY: NAME: (Please Print) TITLE: ATTEST: NAME: (Please Print) TITLE: Note: Attestation for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary. SURETY: CONTACT: ADDRESS: PHONE: FAX: BY: NAME: TITLE: (Please Print) WITNESS: (SEAL) NAME: (Please Print) TITLE: Note: Surety companies executing Bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. END OF SECTION

42 SECTION PAYMENT BOND STATE OF GEORGIA BOND NO. COUNTY OF HALL Know ALL MEN BY THESE PRESENTS, that we, as Principal (hereinafter known as "Contractor"), and we,, as Surety, are held and firmly bound unto the City of Gainesville (hereinafter called the "Owner"), in the penal sum of Dollars ($ ) lawful money of the United States, for the payment of which sum will and truly to be made, we bind ourselves, our heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, said Contractor has entered into a certain Contract Agreement with said Owner, dated, 20, for the project known as: FY2017 Street Resurfacing Project City of Gainesville, Gainesville, Georgia (hereinafter called the "Contract"), which Contract Agreement and the Contract Documents for said Work shall be deemed a part hereof as fully if set out herein. NOW, THEREFORE, the condition of this obligation is such, that if said Contractor and all subcontractors to whom any portion of the Work provided for in said Contract Agreement is sublet and all assignees of said Contractor and of such subcontractors shall promptly make payments to all persons supplying them with labor, products, services, or supplies for or in the prosecution of the Work provided for in such Contract Agreement, or in any amendment or extension of or addition to said Contract Agreement, and for the payment of reasonable attorney's fees, incurred by the claimant in suits on this Bond, then the above obligation shall be void; otherwise, it shall remain in full force and effect. HOWEVER, this Bond is subject to the following conditions and limitations: (a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the Work provided for in said Contract Agreement shall have a direct right of action against the Contractor and Surety on this Bond, which right of action shall be asserted in proceeding, instituted in the county in which the Work provided for in said Contract Agreement is to be performed or in any county in which Contractor or Surety does business.

43 SECTION PAYMENT BOND Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for its use and benefit against said Contractor and Surety or either party (but not later than one (1) year after the final settlement of said Contract Agreement) in which action such claim or claims shall be adjudicated and judgement rendered thereon. (b) The Principal and Surety hereby designate and appoint the, as the agent of each party to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. (c) (d) In no event shall the Surety be liable for a greater sum than the penalty of this Bond, or subject to any suit, action or proceedings thereon that is instituted later than one (1) year after the final settlement of said Contractor Agreement. This Bond is given pursuant to and in accordance with provisions of O.C.G.A. Section et. seq. and et. seq. hereinafter, and all the provisions of law referring to this character of Bond as set forth in said Sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extend as if set out herein full. IN WITNESS WHEREOF, the said Contractor has hereunder affixed its signature and seal, and said Surety has hereunto caused to be affixed its corporate signature and seal, by it duly authorized officers, on this day of, 20 executed in six counterparts. CONTINUED ON NEXT PAGE

44 SECTION PAYMENT BOND CONTRACTOR - PRINCIPAL: (SEAL) BY: NAME: (Please Print) TITLE: ATTEST: NAME: (Please Print) TITLE: Note: Attestation for a corporation must be by the corporate secretary; for a partnership by another partner; for an individual by a notary. SURETY: CONTACT: ADDRESS: PHONE: FAX: BY: NAME: TITLE: (Please Print) WITNESS: (SEAL) NAME: (Please Print) TITLE: Note: Surety companies executing Bond must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located. END OF SECTION

45 SECTION COMPANY S INSURANCE CERTIFICATE PLEASE STAPLE TO THIS PAGE THE ABOVE TITLED APPLICABLE DOCUMENTS.

46 SECTION FINAL AFFIDAVIT, RELEASE AND LIEN WAIVER TO:, GEORGIA FROM: (Contractor) RE: Agreement Between the City of Gainesville, Georgia and dated, 20 for construction of the FY2017 Street Resurfacing Project. I hereby certify that all suppliers of materials, equipment and services, Subcontractors, mechanics, and laborers employed by or any of its Subcontractors in County, Georgia have been paid and satisfied in full as of, 20, and that there are no outstanding obligations or claims of any kind for the payment of which the City of Gainesville, Georgia on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. The undersigned is authorized by Contractor to execute this document on Contractor's behalf and has personal knowledge of the facts herein stated. This day of, 20. BIDDER: By: Title: Date: (name signed) (name printed or typed) Subscribed and sworn to me this day of, 20. NOTARY PUBLIC: (name signed) (name printed or typed) Commission Expires: END OF SECTION

47 SECTION GENERAL CONDITIONS TABLE OF CONTENTS Article Title Page General Notice of Award Execution of Contract Documents Contract Security Insurance Indemnification Notice to Proceed Termination of Work for Default Termination for Convenience of the Owner Assignments Subcontracting Separate Contracts Laws and Regulations Taxes Notice and Service Thereof Patents Land and Rights-of-Way Use of Premises Products Supervision of Work Interruption of Facility Operations Protection of Work, Property and Persons Protection, Location and Relocation of Utilities Protection of the Environment Schedules, Reports and Records Drawings and Specifications Surveys Testing, Inspection and Rejection of Work Contract Time and Liquidated Damages Changes in the Contract Warranties Payment and Completion Arbitration and Jurisdiction Authority of Engineer and Design Engineer

48 SECTION GENERAL CONDITIONS GENERAL: The provisions of these General Conditions are intended, but are not limited to, providing general conditions of agreement and provisions toward the awarding of the Contract, the obligations of the successful Bidder and requirements for execution and administration of the Contract. IN ANY EVENT, PROVISIONS IN THIS SECTION ARE SUBJECT TO AND GOVERNED BY PROVISIONS IN THE SUPPLEMENTARY CONDITIONS, AS APPLICABLE. ARTICLE 1 - NOTICE OF AWARD OF CONTRACT Within sixty (60) days after receipt of Bids, the Owner will notify the successful Bidder of the award of the Contract. Should the Owner require additional time to award a Contract, the time may be extended by the mutual agreement between the Owner and the successful Bidder. If an award of Contract has not been made within ninety (90) days from the Bid date or within the extension mutually agreed upon, the Bidder may withdraw the Bid without further liability on the part of either party. ARTICLE 2 - EXECUTION OF CONTRACT DOCUMENTS The Owner and the Contractor shall execute at least two (2) counterparts of the Contract Documents. The Owner, the Contractor, and the Engineer shall each receive an executed counterpart of the Contract Documents. Within fifteen (15) days of notification of Award of Contract, the Owner will furnish the Contractor with conformed copies of Contract Documents for execution by the Contractor and the surety. Within fifteen (15) days after receipt, the Contractor shall return all the Documents properly executed by the Contractor and the surety. Attached to each Document shall be an original power-of-attorney for the person executing the Bonds for the surety and certificates of insurance for the required insurance coverage. Within thirty (30) days after receipt of the conformed Documents executed by the Contractor and the surety with the power-of-attorney and certificates of insurance, the Owner will complete the execution of the Documents and make distribution of the completed Documents. Should the Contractor and/or the surety fail to properly execute the Documents within the specified time, the Owner shall have the right to proceed on the Bid Bond accompanying the Bid. If the Owner fails to execute the Documents within the time limit specified, the Contractor shall have the right to withdraw the Bid without penalty. In such event the Owner shall have no liability to the Contractor under these Documents or otherwise. Should either party require an extension of any of the time limits stated above, this shall be done only by mutual agreement between both parties.

49 SECTION GENERAL CONDITIONS ARTICLE 3 - CONTRACT SECURITY The Contractor shall furnish separate Performance and Payment Bonds each in a sum equal to the amount of the Contract Price, the Performance Bond conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and the Payment Bond conditioned upon the prompt payment by the Contractor to all persons supplying labor and products in the prosecution of the Work provided by the Contract Documents. Such Bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the State where the Project is located and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these Bonds shall be borne by the Contractor. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State where the Project is located or is removed from the list of Surety Companies accepted on Federal Bonds, the Contractor shall, within 10 days after notice from the Owner to do so, substitute an acceptable Bond (or Bonds) in such form and sum and signed by such other surety as may be satisfactory to the Owner. The premium on such Bond (or Bonds) shall be paid by the Contractor. No further progress payments shall be deemed due, nor shall be made, until the new surety furnishes an acceptable Bond to the Owner. The person executing the Bond on behalf of the surety shall file with the Bond a general power of attorney, unlimited as to amount and type of Bond covered by such power of attorney and certified to by an official of said surety. ARTICLE 4 - INSURANCE Before commencing the Work under this Contract, and as a condition of any payment for the Work, the Contractor shall deliver to Owner a certificate with signed declaration pages, or written proof that the attached declaration pages are a copy of the original declaration page, and attached riders and endorsements which show (i) that the Owner is listed as an Additional Insured on the policy and (ii) which shows to the satisfaction of Owner, that the required insurance is in force. The Insurance Carrier(s) shall provide to Owner at least thirty (30) days written notice before canceling or materially changing coverage. Notice should be sent via certified mail, return receipt requested to Director of Public Works and City Manager, City of Gainesville, P. O. Box 2496, Gainesville, Georgia Contractor shall deliver written notice of any such cancellation, modification or termination within twenty-four (24) hours of receiving any notice thereof. Failure by the Contractor to deliver proof of insurance as provided in this Paragraph, or notice as required in this paragraph, shall constitute a material substantial breach of this Contract. All such documents shall be delivered directly to Public Works Director, as well as to the City Manager. Each of these documents which show the required insurance coverage shall be attached to each set of original Contract Documents when the documents are transmitted to the Owner for final execution and approval. If desired, the insurance carrier may redact the premium amount from the declaration page Insurance is to be placed with duly licensed or approved non-admitted insurer in the state of Georgia with an A.M. Best rating of no less than A-VI. Owner in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

50 SECTION GENERAL CONDITIONS The Contractor shall not allow any subcontractor to commence any work on subcontractor s contract until all similar insurance required of the subcontractor has been so obtained and approved by the Owner and Contractor. (a) Worker s Compensation: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Worker s Compensation Insurance for all of Contractor s employees to be engaged in work on the Project under this Contract, and in case any such Work is sublet, the Contractor shall require the subcontractor similarly to provide Worker s Compensation Insurance for all of the latter s employees to be engaged in such Work unless such employees are covered by the protection afforded by the Contractor s Worker s Compensation Insurance. Workers Compensation: Statutory Limits Employer s Liability: $500,000 each Accident/Disease If self-insured, proof of filing with the State of Georgia and secured, set aside funds shall be required. (b) General Liability: The Contractor shall procure and shall maintain during the life of the Contract Agreement, General Liability Insurance to protect Contractor and any subcontractor performing Work covered by this Contract from claims for damages for bodily injury, including accidental death, as well as from claims for property damages, which may arise from operations under the Contract Agreement, whether such operations are by the Contractor or by any subcontractor or by anyone directly or indirectly employed by either of them. The coverage must be written on an occurrence form and the aggregate coverage on a per project basis. The amount of insurance shall not be less than the following: Each Occurrence. $1,000, General Aggregate. $2,000, Products Comp/Ops Aggregate.. $1,000, (c) Automobile Liability: The Contractor shall procure and shall maintain during the life of the Contract Agreement, Comprehensive Automobile Liability Insurance. The insurance shall include coverage for owned, non-owned and hired vehicles. Amounts shall not be less than the following: Combined Single Limits (CSL) $1,000, (d) Materials and Equipment Floater (Only required for contracts involving storage and installation of materials): The Contractor shall procure and shall maintain during the life of the Contract Agreement Materials and Equipment Floater Insurance to protect the interests of the Owner, the Contractor, and subcontractors against loss by vandalism, malicious mischief, and all hazards included in a standard All Risk Endorsement.

51 SECTION GENERAL CONDITIONS (e) Additional Insured: The insurance policies required by this Contract must be endorsed to include City of Gainesville, Georgia, its officers, elected or appointed officials, agents, employees, volunteers, and representatives as Additional Insured with respect to work performed under the Contract. (This requirement does not apply to Worker s Compensation, Employer s Liability, or Professional Liability coverage). In addition to a statement on the Certificate of Insurance, a copy of the endorsement should be provided. (f) For any claims related to this project, the Contractor s insurance shall be primary. Any insurance or self-insurance maintained by the City of Gainesville shall be excess of the Contractor s insurance and shall not contribute with it. (g) Renewal certificates should be provided to the Owner prior to the expiration date of existing coverage, and must be provided continuously for a period of one year after the completion of the work. All documents should reference the contract name and/or number. ARTICLE 5 - INDEMNIFICATION The Contractor shall indemnify and hold harmless the Owner; the City of Gainesville, Georgia; and their agents and employees from and against all claims, damages, losses and expenses including claims consultants' and attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the Owner or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under worker's compensation acts, disability benefit acts or other employee benefits acts. This indemnification and hold harmless obligation shall extend to cover any and all claims not covered by the Owner's Protective Liability Insurance, the requirements of which are specified in Article 4 of the General Conditions. ARTICLE 6 - NOTICE TO PROCEED The Notice to Proceed will be issued, following the pre-construction conference, within ten (10) days of the execution of the Contract Agreement by the Owner. The time may be extended by mutual agreement between the Owner and the Contractor. If the Notice to Proceed has not been issued within the sixty (60)-day period following the Award of Contract date or within the period mutually agreed upon, the Contractor may terminate the Contract Agreement without further liability on the part of either party.

52 SECTION GENERAL CONDITIONS ARTICLE 7 - TERMINATION OF WORK FOR DEFAULT A. The Work may be terminated if: 1. The Contractor is declared bankrupt or becomes insolvent. 2. The Contractor makes a general assignment for the benefit of creditors. 3. A trustee or receiver is appointed for the Contractor or for any of Contractor's property. 4. The Contractor files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or applicable laws. 5. The Contractor repeatedly fails to supply sufficient skilled workmen, materials or equipment. 6. The Contractor fails to make satisfactory progress toward timely completion of the Work. 7. The Contractor repeatedly fails to make prompt payments to subcontractors or material suppliers for labor, materials or equipment. 8. The Contractor disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction of the Work. 9. The Contractor fails to comply with directives of the Owner. 10. The Contractor otherwise violates any provision of the Contract Documents. B. The Owner may, without prejudice to any other right or remedy and after giving the Contractor and surety a minimum of ten (10) days from delivery of a written notice, terminate the services of the Contractor and take possession of the Project and of all products thereon owned by the Contractor, and finish the Work by whatever method the Owner may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor and/or surety shall pay the difference to the Owner. Such costs incurred by the Owner will be determined by the Owner and incorporated in a Change Order. C. Where the Contractor's services have been so terminated by the Owner, said termination will not affect any right of the Owner against the Contractor then existing or which may thereafter accrue. Any retention or payment of monies by the Owner due the Contractor will not release the Contractor from compliance with the Contract Documents.

53 SECTION GENERAL CONDITIONS ARTICLE 8 - TERMINATION FOR CONVENIENCE OF THE OWNER If, for any reason other than those provided for under Article 7, the Owner elects to discontinue, in whole or part, the Work under this Contract, the Owner may, after ten (10) days from delivery of a written notice to the Contractor, terminate, in whole or in part, the Contractor's performance of the Work under this Contract. The notice of termination shall specify the extent to which performance of the Work under the Contract is terminated. In the event of such termination by the Owner, the Contractor shall be entitled to payment for the Work at the job site acceptably performed up to the time of the termination and reimbursement for such costs as are reasonably incurred by the Contractor due to the termination and not otherwise compensated. The Contractor shall also be entitled to profit on the amounts payable to the Contractor, but such profit shall be limited to six (6) percent of such amounts. The Contractor will not be entitled to any payment, including any anticipated profit, on Work not performed and will not be entitled to any compensation for other economic loss arising out of or resulting from such compensation or damages of any nature. ARTICLE 9 - ASSIGNMENTS The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this Contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the Work called for under this Contract. ARTICLE 10 - SUBCONTRACTING A. The Contractor shall not subcontract the complete Work, or any part thereof, and shall not award any work to any subcontractor without prior written approval of the Owner. Owner approval will not be given except upon the basis of written statements containing such information as the Owner may require. At the pre-construction conference, the Contractor shall submit all subcontractors that the Contractor plans to use on the Project. Any changes or additional subcontractors should be submitted at least 14 days prior to the needed approval. B. The Contractor shall utilize the services of specialty subcontractors on those parts of the Work which, under normal contracting practices, are best performed by specialty subcontractors, as required by the Owner in Owner's sole discretion, at no additional cost to the Owner. If the Contractor desires to perform specialty work, the Contractor shall submit a request to the Owner, accompanied by evidence that the Contractor's own organization has successfully performed the type of work in question, is presently

54 SECTION GENERAL CONDITIONS competent to perform the type of work, and the performance of the work by specialty subcontractors will result in materially increased costs or inordinate delays. C. The Contractor shall be fully responsible to the Owner for the acts and omissions of the Contractor's subcontractors and of persons either directly or indirectly employed by the Contractor. The Contractor shall be fully responsible to the Owner for the acts and omissions of independent contractors or independent subcontractors of the Contractor and of persons indirectly employed by the Contractor as the Contractor is for the acts and omissions of persons directly employed by the Contractor. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontract that the Owner may exercise over the Contractor under any provision of the Contract Documents. E. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the Owner. ARTICLE 11 - SEPARATE CONTRACTS A. The Owner reserves the right to let other contracts in connection with this Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their products and the execution of their work, and the Contractor and other contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor's work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Owner any defects in such work that render it unsuitable for such proper execution and results. B. The Owner may perform additional work related to the Project with Owner's own forces. The Contractor shall afford the Owner reasonable opportunity for the introduction and storage of products and the execution of work, and shall properly connect and coordinate Contractor's work with work performed by Owner's own forces. C. If the performance of additional work by other contractors or the Owner is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to the Contractor prior to starting any such additional work. If the Contractor believes that the performance of such additional work by the Owner or others involves the Contractor in additional expense or entitles the Contractor to an extension of the Contract Time, the Contractor may make a claim therefore as provided in Article 25. ARTICLE 12 - LAWS AND REGULATIONS The Contractor's attention is directed to the fact that all applicable federal, state, county and city laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the Project shall apply to the Contract throughout, and they will be deemed to be included in the Contract as though written out in full herein. The Contractor shall keep

55 SECTION GENERAL CONDITIONS fully informed of all laws, ordinances and regulations of the federal, state, county, city and municipal governments or authorities in any manner affecting those engaged or employed in the Work or the materials used in the Work or in any way affecting the conduct of the Work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents herein referred to, in relation to any such law, ordinance, regulation, order or decree, the Contractor shall herewith report the same, in writing, to the Owner. The Contractor shall at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify the Owner and their agents against the violation of any such law, ordinance, regulation, order or decree, whether by the Contractor or by the Contractor's employees. ARTICLE 13 TAXES The Contractor shall pay all consumer, use, and other similar taxes required by the law of the place where the Work is performed. The Owner will be responsible for any sales or use tax due on products furnished by the Owner to the Contractor, if any, to be incorporated into the Work. Should a local inspection license be required, this fee will be waived since this is a City of Gainesville project. If any delinquent taxes or other monies are owed to the City, said taxes or monies shall be paid prior to Award of Contract. In the event the City determines such unsettled amounts still exist after Award of Contract, has been issued, then the Owner reserves the right to withhold all amounts due the City from the contractor's payment. ARTICLE 14 - NOTICE AND SERVICE THEREOF A. All notices, demands, requests, instructions, approvals, and claims shall be in writing. B. Any notice to or demand upon the Contractor will be sufficiently given if delivered at the office of the Contractor specified in the Bid (or at such other office as the Contractor may from time to time designate to the Owner in writing), or if delivered by the United States Mail in a sealed, postage-prepaid envelope, or delivered by facsimile transmission, followed by written confirmation, in each case addressed to such office. C. All papers required to be delivered to the Owner shall, unless otherwise specified in writing to the Contractor, be delivered to the Office of the Owner as specified as follows: Mailing Address Physical Address Public Works Director Public Works Director City of Gainesville, Public Works City of Gainesville, Public Works P.O. Box Henry Ward Way Gainesville, Georgia, Gainesville, Georgia, Any notice to or demand upon the Owner shall be sufficiently given if delivered to the Office of said Director or if delivered by the United States Mail in a sealed, postageprepaid envelope, or delivered by facsimile transmission, followed by written confirmation, in each case addressed to said Director or to such other representative of the Owner or to such other address as the Owner may subsequently specify in writing to the Contractor for such purposes.

56 SECTION GENERAL CONDITIONS D. Any such notice or demand shall be deemed to have been given to the Owner or made as of the time of actual delivery to Owner. E. The Contractor shall file all "Notices of Commencement" required for this Project in accordance with O.C.G.A et.seq. and et.seq., as applicable. The Contractor shall respond to all requests for copies of a Notice of Commencement. Should the Owner receive such a request, this request will be forwarded to the Contractor for further handling. The name and address of the Owner shall be as stated in paragraph (C) of this Article. The name and general description of the Project shall be as stated in the Invitation to Bid. ARTICLE 15 - PATENTS A. The Contractor shall hold and save the Owner and their agents harmless from liability of any kind, including cost and expenses, reasonable attorney's fees, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Owner. B. If the Contractor uses any design, process, device or materials covered by letters, trademarks, patent or copyright, the Contractor shall provide for such use by suitable agreement between the Owner and the holder of such patented or copyrighted design, device or material. The Contract prices shall include royalties or cost arising from the use of such design, device or materials, in any way involved in the Work. The Contractor and the Contractor's sureties shall indemnify and save harmless the Owner and their agents from claims for infringement by reason of the use of such patented or copyrighted design, process, device or materials or any trademark or copyright in connection with Work agreed to be performed under this Contract, and shall indemnify the Owner and their agents for any cost, expense, damage and reasonable attorney's fees which it may be obliged to pay by reason of such infringement, at any time during the prosecution of the Work or after completion of the Work. ARTICLE 16 - LAND AND RIGHTS-OF-WAY The Owner will provide, as indicated in the Contract Documents and prior to the Notice to Proceed, the lands upon which the Work is to be done, rights-of-way for access thereto, and such other lands that are designated for the use of the Contractor. The Contractor shall confine work and all associated activities to the easements and other areas designated for the Contractor's use. The Contractor shall comply with any limits on construction methods and practices that may be required by easement agreements. If, due to some unforeseen reason, the necessary easements are not obtained, the Contractor shall receive an equitable extension of Contract Time and/or an equitable increase in the Contract Price to cover the Contractor's additional costs as a result thereof, provided the Owner is notified immediately of the claim. The Contractor's claim therefore shall be handled as provided for under Article 29.

57 SECTION GENERAL CONDITIONS Should additional temporary easements for ingress or egress be required by the Contractor for more suitable access to the Work, these easements shall be obtained by the Contractor, at no additional cost to the Owner. ARTICLE 17 USE OF PREMISES The Contractor will confine his equipment, the storage of materials and equipment and the operations of his workmen to areas permitted by law, ordinances, permits, or designated by the Owner, and shall not unreasonably encumber the premises with materials or equipment. The Contractor shall not load or permit any part of the structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the work to stresses or pressures that will endanger it. The Contractor shall repair the staging area and all roads incidental to the Work to its original condition. The Contractor shall be responsible for the security of his equipment and materials stored in the staging area. The Contractor shall provide portable restroom for the use of his workers. ARTICLE 18 - PRODUCTS A. Products shall be so stored in accordance with the manufacturer's recommendations to insure the preservation of their quality and fitness for the Work. Stored products to be incorporated in the Work shall be located so as to facilitate prompt inspection. B. Manufactured products shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. C. Products shall be furnished in accordance with shop drawings and/or samples submitted by the Contractor and approved by the Owner. D. Products to be incorporated into the Work shall not be purchased by the Contractor or the subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. E. Product substitution following execution of Contract will be considered only due to unusual or extenuating circumstances. Procedures are specified in Section Contract Modification Procedures. ARTICLE 19 - SUPERVISION OF WORK The Contractor shall supervise and direct the Work. The Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor shall employ and maintain on the work site a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor's representative at the site. The supervisor or superintendent shall have supervised past projects of equal size and scope and have excellent performance references from the owners from a minimum of

58 SECTION GENERAL CONDITIONS three (3) projects within a period of five (5) years maximum. Contractor shall submit his appointed supervisor or superintendent and references for review by the Owner and Engineer within ten (10) days from bid date and prior to contract signing. The supervisor or superintendent shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. The supervisor shall have full authority to act on behalf of the Contractor and to execute the orders or directions of the Owner or Engineer without delay. The supervisor shall have full authority to promptly supply products, tools, plant equipment, and labor as may be required. The supervisor's authority shall be such that all communication given to the supervisor shall be as binding as if given to the Contractor. The Contractor shall employ only competent and skilled personnel. The Contractor shall, upon demand from the Owner or Engineer, immediately remove any superintendent, supervisor, foreman, or workman whom the Owner may consider incompetent or undesirable. ARTICLE 20 - INTERRUPTION OF FACILITY OPERATIONS The Contractor shall provide the Owner with written notice at least five (5) days prior to any interruption in facility operations required by construction activity. The notice shall include the date and time of the scheduled interruption; the length of time the interruption will be in effect; the procedures to be followed in effecting the interruption; a complete identification of all those processes, equipment and operations to be affected; and all other information the Owner may require. The Contractor shall provide any equipment, piping, auxiliary power or other means necessary to sustain facility operations or function for interruptions which have not been identified by the Specifications, or when interruptions must exceed the time allowed by the Specifications. The Contractor shall schedule the work such that the Contractor does not interrupt the operation of any existing facility, including water mains and sewers. ARTICLE 21 - PROTECTION OF WORK, PROPERTY AND PERSONS A. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all employees on the Work and other persons who may be affected thereby, all the Work and all products to be incorporated therein, whether in storage on or off the site, the work of other prime Contractors installed as part of the Project and including material acceptance for storage and which are properly stored in areas designated by the Contractor, and other property at the site 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. B. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction, promulgated under the Occupational Safety and Health Act of 1970 (PL ) and under Section 107 of the Contract Work Hours and Safety

59 SECTION GENERAL CONDITIONS Standards Act (PL-91-54). The Contractor shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protection. C. The Contractor shall remedy all damage, injury or loss to any property, improvements or facilities caused, directly or indirectly, in whole or in part, by the Contractor or any of the Contractor's subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The property, improvements or facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the Work. Upon receiving the inspection report from the Engineer, the Contractor shall comply and complete any/all corrective work within a two (2) working week time period. In case of failure on the part of the Contractor to restore such property, or make good such damages or injury, the Owner may, after forty-eight (48) hours written notice, proceed to repair, rebuild, or otherwise restore such property, improvements or facilities as may be deemed necessary. The cost thereof will be deducted from any monies due or which may become due the Contractor under this Contract. D. In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization from the Owner, shall act to prevent threatened damage, injury or loss. E. Completed Work and stored products shall be suitably protected during unseasonable weather, to allow Work to proceed in a timely fashion. Work planned, or in progress, should be performed to minimize impact of adverse weather. ARTICLE 22 - PROTECTION, LOCATION AND RELOCATION OF UTILITIES The Contractor shall notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor shall protect from damage all existing improvements or utilities at, or in proximity to, the site of the Work, and shall repair or restore any damage to such facilities resulting from failure to exercise reasonable care in the performance of Work. If the Contractor fails or refuses to repair any such damage promptly, the Owner may have the Work performed and charge the cost thereof to the Contractor. Prior to the construction or installation of any proposed facility, the Contractor shall expose all existing utilities true to their vertical and horizontal location, within the vicinity of the Work. In order to avoid conflicts between existing and proposed facilities or utilities, the Contractor shall either relocate the existing or proposed utility on a temporary or permanent basis, or shall take whatever means necessary to protect the existing facilities or utilities during the installation of proposed utilities, as approved by the Owner. No separate payment will be made for the relocation of existing utilities or for any work associated with the protection of existing facilities or utilities. ARTICLE 23 - PROTECTION OF THE ENVIRONMENT A. The Contractor shall be responsible for taking all measures required to minimize all types of pollution associated with the undertaking of the proposed Work, and shall abide

60 SECTION GENERAL CONDITIONS by the requirements of all governmental agencies having jurisdiction over the Work or Contractor's Project operations. B. Any area used or involved in the Project that is disturbed by the Contractor, shall be restored to original or better condition, even though such area is outside the limits of that specified for grading, grassing or landscaping. C. All supervisors are required to have successfully completed the Worksite Erosion Control Supervisor Certification Training as approved by the Georgia Environmental Protection Division. This training shall be completed within thirty days of Notice of Award of the Contract. All certified supervisors shall have their training card or proof of certificate on their persons at all times. ARTICLE 24 - SCHEDULES, REPORTS AND RECORDS A. The Contractor shall submit to the Owner progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed or to be performed as stipulated in the various sections of these Specifications. B. Immediately after execution of the Contract by the Owner, and before the first partial payment is made, the Contractor shall submit a schedule of values of the work including quantities and unit prices, aggregating the Contract Price, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the Progress Schedule. C. An updated schedule and an updated Schedule of Submittals shall be presented with each partial payment request. Lack of an updated schedule and/or an updated Schedule of Submittals will delay processing of the pay request until receipt of the updated schedule and/or an updated Schedule of Submittals. D. If the schedule reflects a completion date prior to the completion date established by the Contract Agreement, this shall afford no basis to claim for delay should the Contractor not complete the Work prior to the projected completion date. Instead all "float" between the completion date in the Contractor's schedule and the completion date established in the Contract Agreement shall belong to and be exclusively available to the Owner. Should a change order be executed with a revised completion date, the progress schedule shall be revised to reflect the new completion date. E. The Contractor shall maintain on the Project site, a complete set of up-to-date Record Documents. F. Project Coordination Meetings: The General Contractor shall participate in Project Coordination Meetings to be held on the site monthly, or more often if conditions warrant, to establish the current state of completion and revise the schedule as necessary. The Project Coordination Meeting will be conducted by the Owner.

61 SECTION GENERAL CONDITIONS G. Temporary Staging Area for Materials - It is the Contractors responsibility to receive permissions from a property owner to utilize private property for the temporary staging of materials and equipment. This agreement is solely between the contractor and the property owner. The Contractor will submit to the Owner a copy of the agreement letter stating the conditions of the permission and details of how the property will be restored after use. ARTICLE 25 - DRAWINGS AND SPECIFICATIONS The Drawings, Specifications, Contract Documents, and all supplemental documents are considered essential parts of the Contract, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe and provide for all Work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or operation by the Owner. The Owner will furnish the Contractor at least two copies of the Contract Documents to include all drawings and attachments, one copy of which the Contractor shall have available at all times on the Project site. Any additional copies will be furnished at additional cost. In case of discrepancies, discrepancies will be resolved in accordance with Section of the GDOT Standard Specifications Construction of Transportation Systems, 2001 edition. In cases where products or quantities are omitted from the Specifications, the description and quantities shown on the Drawings will govern. Any materially differing site condition as between what is shown on the Drawings and Specifications and actually found on site shall be immediately reported to the Owner, in writing, prior to the commencement of Work at the site. Failure of the Contractor to notify the Owner, in writing, of the differing site condition prior to performance of Work at the site shall constitute a waiver of any claim for additional monies. Any Change Order necessitated by the differing site condition shall be processed as provided under Article 29. Any ambiguities or need for clarification of the Drawings or Specifications shall be immediately reported in writing to the Owner. The contractor is fully responsible for the coordination of work and trades related to modifications to the Contract Documents due to corrective actions during the shop drawings submissions. Shop drawings shall be consistent with Architectural and structural drawings and the Contractor shall notify the Engineer of any deviation from the design concept expressed in the Contract Documents. Any such ambiguity or need for clarification will be handled by the Owner, in writing. No clarification of the Drawings and Specifications hereunder by the Owner will entitle the Contractor to any additional monies unless a Change Order has been processed as provided by Article 29 hereof. Any work done by the Contractor following a discovery of such differing site condition or ambiguity or need for clarification in the Contract Drawings and Specification, prior to a written report to the Owner, shall not entitle the Contractor to additional monies and shall be done at the Contractor's risk.

62 SECTION GENERAL CONDITIONS ARTICLE 26 SURVEYS The Contractor shall be responsible for all surveys required for construction. ARTICLE 27 - TESTING, INSPECTION AND REJECTION OF WORK A. Testing of Materials: Unless otherwise specifically provided for in the Specifications, the inspection and testing of products to be incorporated in the Work at the site, if required, shall be made by bureaus, laboratories, or agencies approved by the Owner; the cost of such inspection and testing shall be paid by the Contractor. The Contractor shall furnish evidence, satisfactory to the Owner, that the products have passed the required tests prior to their incorporation into the Work. The Contractor shall promptly segregate and remove rejected products from the site of the Work. B. Inspection: The Contractor shall furnish the Owner with every reasonable facility for ascertaining whether or not the Work performed and products used are in accordance with the requirements and intent of the Specifications and Contract Documents. No Work shall be done or products used without suitable inspection by the Engineer. Failure to reject any defective Work or product shall not in any way prevent later rejection when such defect is discovered, or obligate the Owner to final acceptance. C. Authority and Duties of the Resident Inspector: The Resident Inspector, if one appointed by the Owner, will be authorized to inspect all Work done and all products furnished, including preparation, fabrication and manufacture of the products to be used, but the Resident Inspector will not be authorized to alter or waive any requirements of the Contract Documents. The Resident Inspector may reject products or suspend the Work until any question at issue can be referred to and decided by the Owner. The responsibility of the Contractor is not lessened by the presence of the Resident Inspector. D. Rejection of Work and Materials: All products furnished and all Work done that is not in accordance with the Drawings or Specifications or that is defective will be rejected. All rejected products or Work shall be removed immediately. If rejected products or Work is not removed within forty-eight (48) hours, the Owner will have the right and authority to stop the Work immediately and will have the right to arrange for the removal of said rejected products or Work at the cost and expense of the Contractor. All rejected products or Work shall be replaced with other products or Work that conforms to the Drawings and Specifications. E. Contractor's Responsibilities: Inspection of the Work will not relieve the Contractor of any obligations to fulfill the Contract and defective Work shall be made good regardless of whether such Work has been previously inspected by the Engineer and accepted or estimated for payment. The failure of the Owner to reject improper Work shall not be considered a waiver of any defect, which may be discovered later, or for Work actually defective.

63 SECTION GENERAL CONDITIONS ARTICLE 28 - CONTRACT TIME AND LIQUIDATED DAMAGES The Contract Time and Liquidated Damages shall be defined in the Section Contract Agreement. The Contractor shall proceed with the Work at a rate of progress, which will insure completion within the Contract Time. It is expressly understood and agreed by and between the Contractor and the Owner that the Contract Time for the Work described herein is proposed by the Contractor and is a reasonable time, taking into consideration the average climatic and economic conditions, and other factors prevailing in the locality of the Work. If the Contractor shall fail to perform the Work required within the Contract Time, or extended Contract Time if authorized by Change Order, then the Contractor shall pay to the Owner the full amount of liquidated damages specified in the Contract Documents for each calendar day that the Contractor shall be in default after the time stipulated in the Contract Documents. The Contractor shall not be charged with liquidated damages or any excess cost when the delay in performance of the Work is due to the following and the Contractor has promptly given written notice of such delay to the Owner: A. To any preference, priority or allocation order duly issued by the Owner. B. To unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God or of the public enemy, acts of the Owner, acts of another contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. C. To any delays of subcontractors occasioned by any of the causes specified in paragraphs A and B. ARTICLE 29 - CHANGES IN THE CONTRACT A. Changes in the Work: The Owner may at any time, as the need arises, order changes within the scope of the Work without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the Work, an equitable adjustment will be authorized by Change Order. The Owner, also, may at any time, by issuing a field order, make changes in the details of the Work. These changes by field order will not affect Contract Time or Contract Price. The Contractor shall proceed with the performance of any changes in the Work so ordered by the Owner, unless the Contractor believes that such field order entitles Contractor to a change in Contract Price or Contract Time or both, in which event Contractor shall give the Owner immediate, written notice thereof and, if required, an immediate estimate of the direct cost of Work as outlined in (b) below, after the receipt of the ordered change, and the Contractor shall not execute such changes pending the receipt of an executed Change Order or further written instruction from the Owner.

64 SECTION GENERAL CONDITIONS Should the Contractor encounter, or the Owner discover, during the progress of the Work, subsurface or latent conditions at the site materially differing from those shown on the Drawings or indicated in the Specifications, or unknown conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Drawings and Specifications, the Owner shall immediately be notified in writing of such conditions before they are disturbed. The Owner will thereupon promptly investigate the conditions. If the Owner finds that conditions do so materially differ, or are of an unusual nature, and upon written request of the Contractor, an equitable adjustment will be authorized by Change Order. If the Contractor does not immediately notify the Owner in writing of the belief that a field order, additional work by other contractors or the Owner, or subsurface, latent or unusual unknown conditions entitles the Contractor to a Change Order, no consideration for time or money will be given the Contractor. The Owner may, with the Contractor's concurrence, elect to postpone the issuance of a Change Order until such time that a single Change Order of substantial importance can be issued incorporating several changes. In such cases, the Owner will indicate this intent for each change in the Contract in a written response to the Contractor's request for a change, following agreement by the Owner and Contractor on the change's scope, price and time. B Changes in Contract Price: The Contract Price may be changed only by a Change Order. The value of any Work covered by a Change Order for increase or decrease in the Contract Price will be determined by one or more of the following methods, in the order of precedence listed below: 1. By estimating the number of unit quantities of each part of the Work which is changed (either increased or decreased) and then multiplying the estimated number of such unit quantities by the price Bid (which price shall include the Contractor's overhead and profit) for a unit quantity thereof. 2. The Owner will fix the total lump sum value of the change in the Work of the Contractor following the Contractor's submittal, within a reasonable time, of an estimate of the direct cost of the Work. The direct cost estimate will be added to, or deducted from, the Contract Price (which price will include the Contractor's overhead and profit as outlined below). If the Contractor does not submit a cost estimate of the Work in a reasonable time or if the Owner and Contractor do not reach agreement on the cost, the Owner may fix the total lump sum value at a reasonable amount. On any lump sum change, which involves a net credit to the Owner, no allowance for overhead and profit will be figured. 3. By ordering the Contractor to proceed with the Work and to keep and present, in such form as the Owner may direct, a correct account of the cost of the change together with all vouchers therefore. The cost hereunder will only include an allowance for overhead and profit as outlined below.

65 SECTION GENERAL CONDITIONS For the Work performed in item (2) or (3) above, payment will be made for the documented actual direct cost of the following: a. Labor, including foremen, for those hours they are assigned and participating in the Work covered by the change order (actual direct payroll cost of wages). The Contractor shall furnish, if required by the Owner, certified payrolls to verify wages. All labor related costs will be included in a 30 percent markup of the cost of direct payroll wages. This refers to the Contractor's specific labor wages. b. Material delivered and used on the designated Work, including sales tax, if paid for by the Contractor and as verified by original invoices or otherwise verifiable to the Owner's acceptance. c. Rental, or ownership cost of equipment, including necessary transportation of equipment, having a purchase value in excess of $ Rental or ownership cost will be allowed for only those hours during which the equipment is required on the project site. Cost allowances will not exceed the rates defined as follows: the hourly rate, for equipment not used exclusively in the change to the scope of work, will be the monthly rate, as printed in the current Rental Blue Book for Construction Equipment published by Dataquest, divided by 176; the rate, for equipment used exclusively for those tasks identified in the change to the scope of work, will be the daily, weekly or monthly rate, used singularly or in combination, which will provide the lowest total cost. The rates will be modified by the Rate Adjustment Table factors to reflect a depreciation allowance indexed to the year a machine was originally manufactured and sold. The rates will be adjusted to account for regional differences in annual use hours, cost of labor, freight, taxes, etc. The amount by which basic rates will be increased or decreased is shown on the adjustment maps included in the "Blue Book". The equipment use period will begin only at the time equipment is unloaded at the site of the changed work, will include each day that the equipment is required at the site of the changed work and will terminate at the end of the day on which the use of such equipment becomes unnecessary, plus reasonable transportation time. The maximum time to be paid per day will not exceed eight hours unless the equipment is in operation for a longer time. The time that will be paid for per day, for equipment not used exclusively in the change to the scope of work, will be the hours that the equipment was actually in operation on the changed work. In addition to the actual costs in items (a) through (c) above, there will be, for the Contractor actually performing the work, a fixed fee of 16% for bond, insurance, overhead and profit added to the cost of Items (a), (b) and (c), above.

66 SECTION GENERAL CONDITIONS If all or a portion of the Change Order is performed by a subcontractor, payment will be made for the documented actual direct cost as outlined in (a), (b) and (c), above. A fixed fee of 16% for bond, insurance, overhead and profit will be added to the cost of (a), (b) and (c) of the subcontractor's work only. A fixed fee of 10% will be added to the subcontractor's Work for the Contractor's administrative handling of portions of the Work that are performed by an approved subcontractor. No additional fixed fee will be allowed for the Contractor's or a subcontractor's administrative handling of Work performed by a subcontractor's subcontractor, unless by written permission from the Owner. All other costs not specifically listed above are considered to be included in the fixed fee. 4. The Contractor shall, when required by the Owner, furnish the Owner with an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered, in a printed format, and with sufficient detail as required by the Owner. C. Changes in Contract Time: The Contract Time may be changed only by a Change Order. Changes in the Work described in (A) and any other claim made by the Contractor for a change in the Contract Time will be evaluated by the Owner and if the conditions warrant, an appropriate adjustment of the Contract Time will be made. The Owner, when making these evaluations will take into consideration the amount and scope of Work which has been changed and will evaluate if the change in Work has affected the critical path as currently accepted on the progress schedule such that it would delay the completion of the Project. If after these evaluations have been made and in the sole opinion of the Owner, the Contractor is due an extension of time, then it will be granted by a Change Order and the Owner will pay the associated cost due the Contractor for direct field costs, only as outlined under Changes in Contract Price (a) and (c), exclusive of Item (b), based on any delays to the overall Project. Extensions of time granted as a result of weather will not result in a change in Contract Price. ARTICLE 30 WARRANTIES All warranties for the work under this contract shall be as specified in Section Close- Out Procedures of the Contract Documents. Submission of all warranties as specified shall have to be made by the Contractor to the Owner prior to submission of final pay request. ARTICLE 31 - PAYMENT AND COMPLETION A. Contract Price: The Contract Price is either a lump sum or the sum of the unit prices stated in the Contract Agreement, for each item multiplied by the actual quantities installed of each item, and is the total amount payable by the Owner to the Contractor for the performance of the Work set forth in the Contract Documents. It is understood that the Contractor shall provide and pay for all products, labor (including labor performed after regular working hours, on Sundays, or on legal

67 SECTION GENERAL CONDITIONS holidays), equipment, tools, water, light, power, sewer, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, place into operation, and deliver the Work. It is further understood that the Contractor's proposed construction schedule is based on a normal forty (40) hour, five (5) day workweek, less recognized holidays. If the Contractor desires to work in excess of this limit, the Contractor shall submit a written request to the Owner a minimum of five days prior to the desired work date. The Contractor shall be responsible for any additional expenses incurred by the Owner as a result of the extended work hours, including resident inspection overtime. The cost associated with resident inspector overtime will be deducted from the Contractor's monthly payment request. The Owner will require that the Contractor increase his work effort to achieve a six (6) day, ten (10) hour per day work week upon the determination that the construction progress is two (2) weeks behind the original submitted construction schedule as required by the General Conditions. No changes in the Contract Sum will be authorized due to this increased work effort. Completion time will not be extended for normally bad weather. The time for completion as stated in the Contract Documents includes due allowances for days on which work cannot be performed out-of doors. For the purpose of this contract, the Contractor agrees that he may expect to lose the approximate number of working days to weather in accordance with the following table: January 14 May 6 September 6 February 14 June 3 October 3 March 10 July 4 November 5 April 7 August 2 December 9 If the total accumulated number of working days lost to the weather from the start of work until project completion date exceeds the total accumulated number to be expected for the same period from the table above, time for completion will be extended by the number of calendar days needed to include the excess number of working days lost. No changes in the contract sum will be authorized because of adjustment of contract time due to weather. B. Breakdown of Cost: Before the first application for payment the Contractor shall submit to the Owner a breakdown of cost for the various portions of the Work, including quantities if required by the Owner, aggregating the total Contract Price prepared in such form as specified or as the Owner and the Contractor may agree upon and supported by such data to substantiate its correctness as the Owner may reasonably require. This schedule of values, when approved by the owner, will be used only as a basis for the Contractor's application for payment; however, the payment schedule will correlate directly with the Overall Project Schedule (OPS) cost information, when applicable. C. Progress Payments: At the end of each calendar month, the Contractor shall submit to the Owner an itemized application for payment supported by such other substantiating data as the Owner may reasonably require covering Work completed through the 25th day of the month. Any progress payment submitted by the Contractor after the fifth of

68 SECTION GENERAL CONDITIONS the month will be included in the following month's payment. Application for payment may include, at the Contractor's option, the cost of products not yet incorporated into the Work which have been delivered to the site or to other storage locations authorized and approved by the Owner. The Owner reserves the right to accept or reject pay requests for stored materials, and to limit payments to those stored materials which, in the Owner's judgment, are necessary for continuing satisfactory Project progress. D. Retention: The Owner will retain the following amounts from each properly certified estimate: 1. Until the value of the Work completed, including stored materials, is at least fifty percent (50%) of the Contract amount, ten percent (10%) of the value of all Work satisfactorily completed, including stored materials. 2. When the value of the completed Work totals at least fifty percent (50%) of the Contract amount, the Owner will discontinue retaining additional amounts provided the Work is progressing satisfactorily and there is no specific cause for retaining a larger sum. The total amount retained will be at least five percent (5%) of the Contract Amount, adjusted for Change Orders, until the date of final payment. 3. The Owner may elect to reinstate retention of ten percent (10%) of the value of the Work completed if at any time the Contractor fails to make satisfactory progress or if there is other specific cause. Satisfactory progress is identified as conforming to the construction progress schedule as required in Article 21. No form of collateral in lieu of cash will be acceptable as a retainer. Amounts retained by the Contractor from payments due to suppliers and subcontractors (expressed as a percentage) shall not exceed that being retained by the Owner. E. Payments Withheld: The Owner may decline to approve an Application for Payment and may withhold certificate, in whole or in part, as may be necessary to protect from loss because of: 1. Failure of the Contractor to make payments properly to subcontractors or for labor or products. 2. Unsatisfactory prosecution of the Work by the Contractor either due to quality of the Work or if the Contractor is behind the currently approved construction schedule. When the above reasons for nonpayment are corrected, then payment will be made for amounts withheld because of such reasons, not later than the next payment. F. Completion and Final Acceptance shall be as stipulated as follows:

69 SECTION GENERAL CONDITIONS 1. Upon completion of all work required, the Contractor shall request that the final inspection be performed. If the Owner finds the work of the Contractor complete and acceptable in accordance with the provisions of the Contract Documents the job will be accepted and final payment be made. 2. In the event that the final inspection reveals deficiencies in meeting the Contract requirements, the Contractor shall complete all remaining items of work, and make adjustments found to be necessary. Upon receipt of request from the Contractor that the work is complete and ready for re-inspection, the Owner will make a final inspection. 3. The Contractor will be notified, in writing, by the Owner of the final acceptance of the work. The date of final acceptance shall be the termination date for the Contractor's liability for the physical properties of the facilities and the beginning of the warranty period. 4. Before final payment is made, the Contractor must certify, in writing, to the Owner that all payrolls, materials bills, and other indebtedness connected with the work have been paid. 5. Final payment will not be made if there is disputed indebtedness or if there are liens upon the property. 6. The making of the final payment shall constitute a waiver of all claims by the Owner, other than those for faulty work covered by and appearing within the warranty period. 7. The acceptance of final payment shall constitute a waiver of all claims by the Contractor. G. Prompt Payment Clause: 1. Owner and Contractor agree that all partial payments and final payments shall be subject to the Georgia Prompt Pay Act, as originally enacted and amended, and as set forth in O.C.G.A through , except as provided below to the extent authorized by law: a. Interest Rate: For purposes of computing interest on late payments, the rate of interest shall be one-half percent per month or a pro-rata fraction thereof on the unpaid balance as may be due. b. Payment Periods: (1) When the Contractor has performed in accordance with the provisions of these Contract Documents, the Owner shall pay the Contractor within 15 days of receipt by the Owner or the Owner's representative of any properly completed Application for Payment,

70 SECTION GENERAL CONDITIONS based upon work completed or service provided pursuant to the terms of these Contract Documents. (2) When a subcontractor has performed in accordance with the provisions of its subcontract and the subcontract conditions precedent to payment have been satisfied, the Contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the Contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractors work and materials based on work completed or service provided under the subcontract, less retainage expressed as a percentage, but such retainage shall not exceed that retainage being held by the Owner, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete its work as the Contractor in its reasonable discretion may require, including but not limited to a payment and performance bond. c. Interest on Late Payment: Except as otherwise provided in these Contract Documents and/or in O.C.G.A , if a periodic or final payment to the Contractor is delayed by more than the time allotted in Paragraph b. of the Prompt Payment Clause or if a periodic or final payment to a subcontractor is delayed more than ten days after receipt of periodic or final payment by the Contractor or subcontractor, the Owner, Contractor, or subcontractor, as the case may be, shall pay interest to its Contractor, or subcontractor beginning on the day following the due dates as provided in Paragraph b. of this Prompt Payment Clause at the rate of interest as provided herein. Interest shall be computed per month or a pro-rata fraction thereof on the unpaid balance. There shall be no compounded interest. No interest is due unless the person or entity being charged interest receives "Notice" as provided in Paragraph d. of this Prompt Payment Clause. Acceptance of progress payments or final payment shall release all claims for interest on said payments. d. Notice of Late Payment and Request for Interest: Any person or entity asserting entitlement to interest on any periodic or final payment pursuant to the provisions of this Prompt Payment Clause shall provide "notice" to the person or entity being charged interest of the charging party's claim to interest on late payment. "Notice" shall be in writing, served by U.S. Certified Mail - Return Receipt Requested at the time the properly completed Application for Payment is received by the Owner or Owner's representative, and shall set forth the following: (1) A short and concise statement that interest is due pursuant to the provisions of the Georgia Prompt Pay Act and this Prompt Payment Clause;

71 SECTION GENERAL CONDITIONS (2) The principal amount of the periodic or final payment which is allegedly due to the charging party; and (3) The first day and date upon which the charging party alleges that said interest will begin to accrue, pursuant to the provisions of the Georgia Prompt Pay Act and this Prompt Payment Clause. These "Notice" provisions are of the essence; therefore, failure to comply with any requirement as set forth in this Prompt Payment Clause precludes the right to interest on any alleged late payment to which said "Notice" would otherwise apply. 2. Integration with the Georgia Prompt Pay Act: Unless otherwise provided in these Contract Documents, the parties hereto agree that these provisions of this Prompt Payment Clause supersede and control all provisions of the Georgia Prompt Pay Act (O.C.G.A through (1994), as originally enacted and as amended, and that any dispute arising between the parties hereto as to whether or not the provisions of this contract or the Georgia Prompt Pay Act control will be resolved in favor of these Contract Documents and its terms. ARTICLE 32 - ARBITRATION AND JURISDICTION Arbitration will not be allowed on this Project. This Agreement will be governed by, and construed in accordance with, the laws of the State of Georgia, without regard to its conflict of laws provisions. Contractor hereby submits to the jurisdiction of the Georgia Courts and will obtain and maintain an agent for service of process in the State of Georgia. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except the Superior Court of Hall County, Georgia. Contractor irrevocably waives any present or future objections to such venue for any such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. ARTICLE 33 AUTHORITY OF THE ENGINEER AND DESIGN ENGINEER The Engineer will act as the Owner s representative during the construction period. The Engineer will decide questions which may arise as to quality and acceptability of products furnished and Work performed. The Engineer will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Engineer will judge as to the accuracy of quantities submitted by the Contractor in partial payment estimates and the acceptability of the Work which these quantities represent. The Design Engineer will interpret the intent of the Contract Documents in a fair and unbiased manner. The decision of the Design Engineer will be final and conclusive. END OF SECTION

72 SECTION SUPPLEMENTAL CONDITIONS PART 1 UNIQUE REQUIREMENTS 1.01 SCOPE The scope of this Section is to convey to the Contractor unique and unusual stipulations and requirements which have been established for this Project. Some of the stipulations and requirements are a result of negotiations with various entities and organizations which have an interest in this Project. Some requirements are based on technical aspects of the Project which are not otherwise conveyed to the Contractor. The provisions of this Section shall supersede the provisions of the Specifications but shall not supersede the Bidding Requirements, Contract Forms or Conditions of the Contract SEQUENCING A. General 1. The completion of specific preliminary sequencing tasks indicated will be required prior to any significant site demolition. B. Notify the Owner at least 24 hours prior to closing a lane. C. Sequence Submittal 1. Submit a proposed sequence in accordance with Section Article 24 with appropriate times of starting and completion of tasks to Owner for review. 2. The Contractor may propose alternatives to the sequencing constraints shown in this Section in an attempt to reduce the disruption of the operation of the existing facility or streamline the tasks of this Contract. The Owner is not obligated to accept any of these alternatives. D. Public Notification 1. The Contractor shall be responsible for notifying the public a minimum of 72 business hours prior to mobilizing onsite. 2. The Contractor may utilize flashing message boards or project signs visible to traffic. All messages and/or signs must be approved by the Owner prior to installation.

73 SECTION SUPPLEMENTAL CONDITIONS 1.03 WORK RESTRICTIONS No work shall be performed on Saturdays or Sundays without the specific approval of the Owner. The Contractor s work hours shall be restricted to daylight hours. Construction activity noise shall begin 30 minutes after sunrise, at the earliest, and shall be kept to a minimum and may continue until sunset EXISTING SITE CONDITIONS Trash and other materials on the Project site are considered incidental to work PAVING TYPICALS AND LISTS See Appendix A of this Document for street specific work requirements. END OF SECTION

74 SECTION SUMMARY OF WORK PART 1 GENERAL INFORMATION 1.01 SCOPE A. The work to be performed under this Contract shall consist of furnishing all labor, materials, tools, equipment and incidentals and performing all Work required to construct complete in place and ready to operate. Mill, patch (if necessary), place D Mix Leveling Course, pave, and stripe the following road segments: Club Drive from East Lake Drive to Club Place Palmour Drive from Queen City Parkway to Palmour Drive White Sulphur Road from City Limits to Crescent Drive Woods Mill Road from Century Place to Elephant Trail Mill, patch (if necessary), place D Mix Leveling Course, and pave the following road segments: Carlton Street from Summit Street to Martin Luther King Jr Boulevard Summit Street from Norwood Street to Fortson Street Full depth reclaim, pave and stripe the following road segment: Lakeview Drive from Woodland Way to Bridge B. All work described above shall be performed as shown on the Drawings and/or as specified in this document. C. All federal, state and local permits required for the construction of this project will be obtained by the Owner prior to Notice to Proceed PROJECT LOCATION The equipment and materials to be furnished will be installed at the location(s) stated in these Contract Documents.

75 SECTION SUMMARY OF WORK 1.03 QUANTITIES The Owner reserves the right to alter the quantities of work to be performed, to extend or shorten the improvements at any time as found necessary, and the Contractor shall perform the work as altered, increased or decreased. Payment for such increased or decreased quantity will be made in accordance with Section Measurement and Payment. No allowance will be made for any change in anticipated profits nor shall such changes be considered as waiving or invalidating any conditions or provisions of the Contract and Bond. END OF SECTION

76 SECTION WORK RESTRICTIONS PART 1 GENERAL INFORMATION 1.01 OCCUPANT NOTIFICATION The Contractor will be responsible for notifying the Engineer or his designee at of the location of any work to be done and time that this work will take place, a minimum of 48 hours prior to any work being done WORKING HOURS The contractor shall schedule all work to be done Monday through Friday during normal business hours or as set forth in Section Supplemental Conditions. PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION 2.01 OCCUPANCY Whenever, in the opinion of the Owner, any section or portion of the Work or any structure is in suitable condition, it may be put into use upon the written order of the Owner and such usage will not be held in any way as an acceptance of said Work or structure, or any part thereof, or as a waiver of any of the provisions of these Specifications and the Contract. Pending final completion and acceptance of the Work, all necessary repairs and replacements, due to defective materials or workmanship or operations of the Contractor, for any section of the Work so put into use shall be performed by the Contractor at Contractor's own expense PARTIAL OWNER OCCUPANCY The existing facilities to which these improvements are being made will continue operation during the period of construction. END OF SECTION

77 SECTION CASH ALLOWANCES PART 1 GENERAL INFORMATION 1.01 CASH ALLOWANCES A. General 1. The Contractor shall include in the Bid Total all allowances stated in the Contract Documents. These allowances shall cover the net cost of the services provided by a firm selected by the Owner. The Contractor's handling costs, labor, overhead, profit and other expenses contemplated for the original allowance shall be included in the items to which they pertain and not in allowances. 2. No payment will be made for nonproductive time on the part of testing personnel due to the Contractor's failure to properly coordinate testing activities with the work schedule or the Contractor's problems with maintaining equipment in good working condition. The Contractor shall make all necessary excavations and shall supply any samples of materials necessary for conducting compaction and density tests. 3. No payment shall be provided for services that fail to verify required results. B. Should the net cost be more or less than the specified amount of the allowance, the Contract will be adjusted accordingly by change order. The change order amount will not recognize any changes in handling costs at the site, labor, overhead, profit and other expenses caused by the adjustment to the allowance. C. Documentation 1. Submit copies of the invoices with each periodic payment request from the firm providing the services. 2. Submit results of services provided which verify required results. D. Schedule of Cash Allowances 1. Soil-Cement Mix Design: Allow the amount specified in the Bid for the services of a geotechnical engineering firm and testing laboratory to provide a soil-cement mix design in accordance with Georgia Department of Transportation Sampling & Testing Manual.

78 SECTION CASH ALLOWANCES 2. Density Testing: Allow the amount specified in the Bid for the services of a geotechnical engineering firm and testing laboratory to verify density of the pavement and/or patch material. END OF SECTION

79 SECTION MEASUREMENT AND PAYMENT PART GENERAL INFORMATION A. Measurement of an item of work will be by the unit indicated in the Bid. B. The Bid lists each item of the Project for which payment will be made. Unless otherwise stated in individual sections of the Specifications or in the Bid, no separate payment will be made for any item of work, materials, parts, equipment, supplies or related items required to perform and complete the work. The costs for all such items required shall be included in the price bid for the item of which it is a part. No payment will be made for any items other than those listed in the Bid. C. Required items of work and incidentals necessary for the satisfactory completion of the work which are not specifically listed in the Bid, and which are not specified in this Section to be measured or to be included in one of the items listed in the Bid, shall be considered as incidental to the work. All costs thereof, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various Bid items. The Contractor shall prepare the Bid accordingly. D. Work included furnishing all labor, equipment, tools and materials, which are not furnished by the Owner and performing all operations required to complete the work satisfactorily, in place, as specified and as indicated on the Drawings and/or Specifications. E. Payment will include all necessary and incidental related work not specified to be included in any other item of work listed in the Bid. F. Payment will be made by extending unit prices multiplied by quantities provided and then summing the extended prices to reflect actual work. Such price and payment shall constitute full compensation to the Contractor for furnishing all labor, equipment, tools and materials not furnished by the Owner and for performing all operations required to provide to the Owner the entire Project, complete in place, as specified and as indicated on the Drawings and/or Specifications MOBILIZATION No separate payment shall be made for mobilization. The cost for all related preparation work, as well as transporting the necessary equipment and materials to the appropriate staging area for each site shall be included in the unit price bid for that item TRAFFIC CONTROL The cost for all necessary personnel, trained flagmen, flags, barricades, pilot vehicles, barrels, cones, signs, etc. as required to establish proper work zones and to protect the

80 SECTION MEASUREMENT AND PAYMENT public, workers and equipment shall be included in the Lump Sum item Traffic Control for all roadways SOIL-CEMENT CONSTRUCTION A. Payment for Soil-Cement Stabilized Base (all mix designs), utilized with full depth reclamation, will be paid per cubic yard (CY) and at the unit price bid in accordance with GDOT Standard Specifications Section 301. B. Payment for Portland Cement will be paid at the unit price bid per ton (TN) and shall meet the requirements set forth in GDOT Standard Specifications Section PAVING A. Payment for Recycled Asphalt Concrete (all mix designs) will be paid for at the unit price bid per ton (TN) in accordance with GDOT Standard Specifications Section 402. B. Payment for Patching (all mix designs) will be paid for at the unit price bid per ton (TN) in accordance with GDOT Standard Specifications Section 402 or Section 310 if applicable. Payment will be full compensation for cutting of asphalt, removal and disposal of asphalt pavement and graded aggregate base (if necessary) in accordance with GDOT Standard Specifications Section 411, as well as the replacement of material in accordance with GDOT Standard Specifications Section MISCELLANEOUS CONCRETE Payment for Concrete Curb and Gutter will be paid for at the unit price bid per linear foot (LF) in accordance with GDOT Standard Specifications Section 441. Payment for Concrete Sidewalk will be paid for at the unit price bid per square yard (SY) in accordance with GDOT Standard Specifications Section MILLING Payment for Milling (variable depth) will be paid for at the unit price bid per square yard (SY) in accordance with GDOT Standard Specifications Section BITUMINOUS TACK COAT Payment for Bituminous Tack Coat will be paid for at the unit price bid in accordance with GDOT Standard Specifications Section 413.

81 SECTION MEASUREMENT AND PAYMENT 1.09 THERMOPLASTIC PAVEMENT STRIPE A. Payment for Thermoplastic Pavement Striping will be paid for at the unit price bid in accordance with GDOT Standard Specifications Section 653. B. Payment for Removal of Pavement Markings will be paid for at the unit price bid per square yard (SY) in accordance with GDOT Standard Specification Section EROSION AND SEDIMENT CONTROL No separate payment shall be made for temporary and/or permanent erosion and sedimentation controls. All temporary and/or permanent erosion and sedimentation control costs shall be included in the unit price bid for the item to which it pertains. PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION

82 SECTION PROJECT MANAGEMENT AND COORDINATION PART GENERAL INFORMATION A. Work under this Section includes all scheduling and administering of preconstruction and project coordination meetings as herein specified and necessary for the proper and complete performance of this Work. B. Scheduling and Administration by Owner 1. Prepare agenda 2. Make physical arrangements for the meetings 3. Preside at meetings 4. Record minutes and include significant proceedings and decisions 5. Distribute copies of the minutes to participants PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION 3.01 PRECONSTRUCTION CONFERENCE A. The Owner shall schedule the preconstruction conference prior to the issuance of the Notice to Proceed. B. Representatives of the following parties are to be in attendance at the meeting: 1. Owner 2. Contractor and superintendent 3. Major subcontractors 4. Representatives of governmental or regulatory agencies when appropriate C. The agenda for the preconstruction conference shall consist of the following as a minimum: 1. Distribute and discuss a list of major subcontractors and a tentative construction schedule

83 SECTION PROJECT MANAGEMENT AND COORDINATION 2. Critical work sequencing 3. Designation of responsible personnel and emergency telephone numbers 4. Processing of field decisions and change orders 5. Adequacy of distribution of Contract Documents 6. Schedule and submittal of shop drawings, product data and samples 7. Pay request format, submittal cutoff date, pay date and retainage 8. Procedures for maintaining record documents 9. Use of premises, including office and storage areas and Owner's requirements 10. Major equipment deliveries and priorities 11. Safety and first aid procedures 12. Security procedures 13. Housekeeping procedures 14. Work hours 3.02 PROJECT COORDINATION MEETINGS A. Schedule regular monthly meetings as directed by the Owner B. Hold called meetings as the progress of the Work dictates C. The meetings shall be held at the location indicated in the notice D. Representatives of the following parties are to be in attendance at the meetings: 1. Owner 2. Contractor and superintendent 3. Major subcontractors as pertinent to the agenda

84 SECTION PROJECT MANAGEMENT AND COORDINATION 4. Owner's representative as appropriate 5. Representatives of governmental or other regulatory agencies as appropriate E. The minimum agenda for progress meetings shall consist of the following: 1. Review and approve minutes of previous meetings 2. Review work progress since last meeting 3. Note field observations, problems and decision 4. Identify problems which impede planned progress 5. Review off-site fabrication problems 6. Review Contractor's corrective measures and procedures to regain plan schedule 7. Review Contractor's documentation regarding rainout/inclement weather days and proposed revision to the construction schedule as outlined in the General Conditions 8. Review submittal schedule; expedite as required to maintain schedule 9. Maintenance of quality and work standards 10. Review changes proposed by Owner for their effect on the construction schedule and completion date 11. Complete other current business 3.03 ROADWAY INSPECTIONS A. The Contractor shall schedule all work with the Engineer. B. An Engineering Inspector shall be present during all paving applications. C. The contractor shall schedule all inspections a minimum of 24 hours in advance of any work. END OF SECTION

85 SECTION CONSTRUCTION PROGRESS DOCUMENTATION PART 1 GENERAL INFORMATION 1.01 SCOPE A. Construction Sequencing - Work under this Section includes construction sequencing required to minimize the inconvenience to residents during the construction period as herein specified. B. Construction Schedules - This section included preparing, furnishing, distributing, and periodic updating of the construction schedules as herein specified. C. Construction Photographs The Work under this Section includes, but is not necessarily limited to the requirements for the subject matter, presentation, maintaining and submitting of project photographs as herein specified. PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION 3.01 CONSTRUCTION SEQUENCING A. General 1. The Contractor shall be solely responsible for all construction sequencing required by this Section. 2. Coordinate all work of this Section with the Owner. 3. The Contractor shall incorporate the requirements of this Section into the Construction Schedule required elsewhere in these Specifications. B. The purpose of this Section is to limit the number of construction sites where work can occur simultaneously and to require completion of work at any one construction site before starting work or disturbing a new site. The intent is to minimize the length of time a site is disturbed by construction operations, thereby minimizing the inconvenience to residents. This is not a complete list of construction activities or work to be completed SEQUENCE OF CONSTRUCTION All work shall be completed at a site before starting work at another site. A site shall consist of any individual subdivision or separate portion of the work as identified in the Summary of Work section of these Contract Documents CONSTRUCTION SCHEDULES The purpose of the schedule is to demonstrate that the Contractor can complete the overall Project within the Contract Time and meet all required interim milestones.

86 SECTION CONSTRUCTION PROGRESS DOCUMENTATION A. Submittals 1. Overall Project Schedule (OPS) a. Submit the schedule within 10 days after date of the Notice to Proceed. b. The Engineer will review the schedule and return it within 10 days after receipt. c. If required, resubmit within 10 days after receipt of a returned copy. 2. Near Term Schedule (NTS) B. Approval a. Submit the first Near Term Schedule within 10 days of the Notice to Proceed. b. The Engineer will review the schedule and return it within 10 days after receipt. c. Submit an update of the OPS and NTS with each progress payment request. d. Submit the number of copies required by the Contractor, plus four copies to be retained by the Engineer. Approval of the Contractor s detailed construction program and revisions thereto shall in no way relieve the Contractor of any of Contractor s duties and obligations under the Contract. Approval is limited to the format of the schedule and does not in any way indicate approval of, or concurrence with, the Contractor s means, methods and ability to carry out the Work. C. Overall Project Schedule (OPS) 1. The Contractor shall submit to the Owner for approval a detailed Overall Project Schedule of the Contractor s proposed operations for the duration of the Project. The OPS shall be in the form of a Gantt/bar chart. 2. Gantt/Bar Chart Schedule a. Each activity with a duration of five or more days shall be identified by separate bar. Activities with a duration of more than 20 days shall be subdivided into separate activities. b. The schedule shall include activities for shop drawing preparation and review, fabrication, delivery, and installation of major or critical path materials

87 SECTION CONSTRUCTION PROGRESS DOCUMENTATION and equipment items. c. The schedule shall show the proposed start and completion date for each activity. A separate listing of activity start and stop dates and working day requirements shall be provided unless the information is shown in text form on the Gantt/bar chart. d. The schedule shall identify the Notice to Proceed date, the Contract Completion date, major milestone dates, and a critical path. e. The schedule shall be printed on a maximum 11 x 17-inch size paper. If the OPS needs to be shown on multiple sheets, a simplified, one page, summary bar chart showing the entire Project shall be provided. f. The schedule shall have a horizontal time scale based on calendar days and shall identify the Monday of each week. g. The schedule shall show the precedence relationship for each activity. 3. Near Term Schedule (NTS) a. The Contractor shall develop and refine a detailed Near Term Schedule showing the day-to-day activities with committed completion dates that must be performed during the upcoming 30-day period. The detailed schedule shall represent the Contractor s best approach to the Work that must be accomplished to maintain progress consistent with the Overall Project Schedule. b. The Near Term Schedule shall be in the form of Gantt/bar chart and shall include a written narrative description of all activities to be performed and describe corrective action to be taken for items that are behind schedule. 4. Updating a. Show all changes occurring since previous submission of the updated schedule. b. Indicate progress of each activity and show actual completion dates. c. The Contractor shall be prepared to provide a narrative report at the Project Coordination Meetings. The report shall include the following: 1. A description of the overall Project status and comparison to the OPS. 2. Identify activities that are behind schedule and describe corrective action

88 SECTION CONSTRUCTION PROGRESS DOCUMENTATION to be taken. 3. A description of changes or revisions to the Project and their effect on the OPS. 4. A description of the Near Term Schedule of the activities to be completed during the next 30 days. The report shall include a description of all activities requiring participation by the Engineer and/or Owner CONSTRUCTION PHOTOGRAPHS A. Prior to the beginning of any work, the Contractor shall take project photographs of the work area to record existing conditions. B. All conditions that might later be subject to disagreement shall be shown in sufficient detail to provide a basis for decisions. C. Photographs shall be taken by the Resident Inspector to record the general progress of the Project. Photographs will be representative of the primary work being performed at that time. D. The photographs shall include the date and time marking of the recording. E. Negatives shall become the property of the Owner and none of the photographs herein shall be published without express permission of the Owner. F. The Contractor shall provide the Owner with digital project photographs, provided these photos are still shot, submitted with reference date and location. END OF SECTION

89 SECTION SUBMITTAL PROCEDURES PART 1 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.01 SCOPE All submittals shall be in accordance with the applicable section of the latest edition of the GDOT Standard Specifications ROUTING OF SUBMITTALS Submittals and routine correspondence shall be routed as follows: A. Supplier to Contractor (through representative if applicable). B. Contractor to Owner. C. Owner to Contractor. D. Contractor to Supplier ADDRESS FOR SUBMITTALS A. Submittals shall be sent via to mtarver@gainesville.org when possible. B. When necessary, submittals shall be delivered to following address: Owner: City of Gainesville Public Works Department P.O. Box 2496 Gainesville, Georgia ATTN: Senior Civil Engineer END OF SECTION

90 SECTION REGULATORY REQUIREMENTS PART 1 GENERAL INFORMATION 1.01 SCOPE A. Permits and Responsibilities: The Contractor shall, without additional expense to the Owner, be responsible for obtaining all necessary licenses and permits, including building permits, and for complying with any applicable federal, state, county and municipal laws, codes and regulations, in connection with the prosecution of the Work. B. The Contractor shall take proper safety and health precautions to protect the Work, the workers, the public and the property of others. C. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the Work, except for any completed unit of construction thereof that may heretofore have been accepted 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 that 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, AASHTO, ASCE, ANSI, or ASTM 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. All materials and equipment shall be new and unused. E. The standards that apply to this Project are not necessarily restricted to those organizations that are listed in Section F. Unless otherwise stated in this document, all materials and workmanship shall be in accordance with the Georgia Department of Transportation's Standard Specifications Construction of Transportation Systems, latest edition.

91 SECTION REGULATORY REQUIREMENTS PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION

92 SECTION CODES AND STANDARDS PART 1 GENERAL INFORMATION 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 organizations' 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. The standards which apply to this Project are not necessarily restricted to those organizations which are listed in Article STANDARD ORGANIZATIONS A. Materials: AASHTO ANSI ASTM American Association of State Highway and Transportation Officials American National Standards Institute American Society for Testing and Materials B. Government and Technical Organizations: AIA APHA APWA ASA ASAE ASCE ASQC ASSE CFR CSI EDA EPA American Institute of Architects American Public Health Association American Public Works Association American Standards Association American Society of Agricultural Engineers American Society of Civil Engineers American Society of Quality Control American Society of Sanitary Engineers Code of Federal Regulations Construction Specifications Institute Economic Development Administration Environmental Protection Agency

93 SECTION CODES AND STANDARDS FCC FmHA FS GDOT IAI ISEA ISO ITE NBFU NFPA NBS NISO OSHA SI SPI USDC WEF Federal Communications Commission Farmers Home Administration Federal Specifications Georgia Department of Transportation International Association of Identification Industrial Safety Equipment Association International Organization for Standardization Institute of Traffic Engineers National Board of Fire Underwriters National Fluid Power Association National Bureau of Standards National Information Standards Organization Occupational Safety and Health Administration Salt Institute The Society of the Plastics Industry, Inc. United States Department of Commerce Water Environment Federation C. Roadways: AREA DOT SSRBC American Railway Engineering Association Department of Transportation Standard Specifications for Road and Bridge Construction, Georgia Department of Transportation 1.03 SYMBOLS Symbols and material legends shall be as scheduled on the Contract Drawings. END OF SECTION

94 SECTION REFERENCES PART 1 ABBREVIATIONS AND ACRONYMS 1.01 STANDARD ORGANIZATIONS A. Piping and Valves ACPA ANSI API ASME AWWA CISPI DIPRA FCI MSS NCPI NSF PPI Uni-Bell American Concrete Pipe Association American National Standards Institute American Petroleum 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 PVC Pipe Association 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. Electrical and Instrumentation AEIC AIEE EIA ICEA IEEE IES IPC IPCEA ISA NEC NEMA Association of Edison Illuminating Companies American Institute of Electrical Engineers Electronic Industries Association Insulated Cable Engineers Association Institute of Electrical and Electronic Engineers Illuminating Engineering Society Institute of Printed Circuits Insulated Power Cable Engineers Association Instrument Society of America National Electric Code National Electrical Manufacturers Association

95 SECTION REFERENCES NFPA TIA UL VRCI National Fire Protection Association Telecommunications Industries Association Underwriter's Laboratories Variable Resistive Components Institute E. Aluminum AA AAMA Aluminum Association American Architectural Manufacturers Association F. Steel and Concrete ACI AISC AISI CRSI NRMA PCA PCI American Concrete Institute American Institute of Steel Construction, Inc. American Iron and Steel Institute Concrete Reinforcing Steel Institute National Ready-Mix Association Portland Cement Association Pre-stressed Concrete Institute G. Welding ASME AWS American Society of Mechanical Engineers American Welding Society H. Government and Technical Organizations AIA APHA APWA ASA ASAE ASCE ASQC ASSE CFR CSI EDA EPA FAA FCC FmHA FS IAI ISEA American Institute of Architects American Public Health Association American Public Works Association American Standards Association American Society of Agricultural Engineers American Society of Civil Engineers American Society of Quality Control American Society of Sanitary Engineers Code of Federal Regulations Construction Specifications Institute Economic Development Administration Environmental Protection Agency Federal Aviation Administration Federal Communications Commission Farmers Home Administration Federal Specifications International Association of Identification Industrial Safety Equipment Association

96 SECTION REFERENCES ISO ITE NBFU (NFPA) NBS NISO OSHA SI SPI USDC WEF International Organization for Standardization Institute of Traffic Engineers National Board of Fire Underwriters National Fluid Power Association National Bureau of Standards National Information Standards Organization Occupational Safety and Health Administration Salt Institute The Society of the Plastics Industry, Inc. United States Department of Commerce Water Environment Federation I. General Building Construction AHA AHAM AITC APA APA BHMA BIFMA DHI FM HPMA HTI IME ISANTA ISDSI IWS MBMA NAAMM NAGDM NCCLS NFPA NFSA NKCA NWMA NWWDA RMA SBC SDI SIA SMA SPRI TCA American Hardboard Association Association of Home Appliance Manufacturers American Institute of Timber Construction American Parquet Association, Inc. American Plywood Association Builders Hardware Manufacturers Association Business & Institutional Furniture Manufacturers Association Door and Hardware Institute Factory Mutual Fire Insurance Company Hardwood Plywood Manufacturers Association Hand Tools Institute Institute of Makers of Explosives International Staple, Nail and Tool Association Insulated Steel Door Systems Institute Insect Screening Weavers Association Metal Building Manufacturers Association National Association of Architectural Metal Manufacturers National Association of Garage Door Manufacturers National Committee for Clinical Laboratory Standards National Fire Protection Association National Fertilizer Solutions Association National Kitchen Cabinet Association National Woodwork Manufacturers Association National Wood Window and Door Association Rubber Manufacturers Association SBCCI Standard Building Code Steel Door Institute Scaffold Industry Association Screen Manufacturers Association Single-Ply Roofing Institute Tile Council of America

97 SECTION REFERENCES J. Roadways AREA DOT SSRBC American Railway Engineering Association Department of Transportation Standard Specifications for Road and Bridge Construction, Georgia Department of Transportation K. Plumbing AGA NSF PDI SPC American Gas Association National Sanitation Foundation Plumbing Drainage Institute SBCCI Standard Plumbing Code L. Refrigeration, Heating, and Air Conditioning AMCA Air ARI ASHRAE ASME CGA CTI HEI IIAR NB PFMA SAE SMACNA SMC TEMA Movement and Control Association American Refrigeration Institute American Society of Heating, Refrigeration, and Air Conditioning Engineers American Society of Mechanical Engineers Compressed Gas Association Cooling Tower Institute Heat Exchange Institute International Institute of Ammonia Refrigeration National Board of Boilers and Pressure Vessel Inspectors Power Fan Manufacturers Association Society of Automotive Engineers Sheet Metal and Air Conditioning Contractors National Association Standard Mechanical Code Tubular Exchanger Manufacturers Association

98 SECTION REFERENCES M. Equipment AFBMA AGMA ALI CEMA CMAA DEMA MMA OPEI PTI RIA SAMA Anti-Friction Bearing Manufacturers Association, Inc. American Gear Manufacturers Association Automotive Lift Institute Conveyor Equipment Manufacturers Crane Manufacturers Association of America Diesel Engine Manufacturers Association Monorail Manufacturers Association Outdoor Power Equipment Institute, Inc. Power Tool Institute, Inc. Robotic Industries Association Scientific Apparatus Makers Association 1.02 SYMBOLS Symbols and material legends shall be as scheduled on the Contract Drawings. PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION

99 SECTION QUALITY CONTROL PART 1 TESTING LABORATORY SERVICES 1.01 SCOPE A. This Section includes testing which the Owner 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 work also includes all testing required by the Owner to verify work performed by the Contractor is in accordance with the requirements of these Specifications. C. The testing laboratory or laboratories will be selected by the Owner. The testing laboratory or laboratories will work for the Owner PAYMENT FOR TESTING SERVICES A. The cost of testing services required by the Contract to be provided by the Contractor shall be paid for by the Owner through a Cash Allowance, i.e., concrete testing, soil compaction, and asphalt testing. B. The cost of additional testing services not specifically required in the Specifications, but requested by the Owner, shall be paid for by the Owner through a Cash Allowance. C. The cost of retesting any item that fails to meet the requirements of these Specifications shall be paid for by the Contractor. Retesting shall be performed by the testing laboratory working for the Owner LABORATORY DUTIES A. Cooperate with the Owner 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 Owner and Contractor of irregularity or deficiency of work which is observed during performance of services. E. Promptly submit three (3) copies (two copies to the Owner and one copy to the Contractor) of report of inspections and tests in addition to those additional copies

100 SECTION QUALITY CONTROL 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 Project 10. Type of inspection or test 11. Results of test 12. Observations regarding compliance with the Contract Documents F. Perform additional services as required. G. The laboratory is not authorized to release, revoke, alter or enlarge on requirements of the Contract Documents, or approve or accept any portion of the Work 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;

101 SECTION QUALITY CONTROL 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 Owner, and shipped to the laboratory by the Contractor at Contractor's expense. G. Copies of all correspondence between the Contractor and testing agencies shall be provided to the Owner 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

102 SECTION QUALITY CONTROL 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 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 of the Owner TRANSPORTING SAMPLES The contractor shall be responsible for transporting all samples, except those taken by testing laboratory personnel, to the testing laboratory. PART 2 PART 3 PRODUCTS (NOT USED) EXECUTION (NOT USED) END OF SECTION

103 SECTION VEHICULAR ACCESS AND PARKING PART 1 VEHICULAR ACCESS AND PARKING 1.01 CONSTRUCTION ACCESS Construction Access: Construction machinery and equipment will be via the existing access roads and needs to take extreme care not to damage property or existing utilities STORAGE OF EQUIPMENT Storage of Equipment: All equipment, vehicles, and materials must be stored in the designated storage or staging area or in areas acceptable to the Engineer. Material shall be stored in such a manner to ensure proper ventilation and drainage, and to protect against damage, weather, vandalism, and theft TRAFFIC CONTROL A. The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights and other traffic control devices; shall provide qualified flagmen where necessary to direct traffic; shall take all necessary precautions for the protection of the work and safety of the public. B. Construction traffic control devices and their installation shall be in accordance with the current Federal Highway Administration Manual of Uniform Traffic Control Devices for Streets and Highways. A Traffic Control Plan for the paving operation will be submitted to the Owner at the Preconstruction Meeting. C. Placement and removal of construction traffic control devices shall be coordinated with the City of Gainesville, if any, and/or the Department of Transportation a minimum of 48 hours in advance. Placement of construction traffic control devices shall be scheduled ahead of associated construction activities. Construction time within a street right-of-way shall be conducted to minimize the length of time traffic is disrupted. Construction traffic control devices shall be removed immediately following their useful purpose. Traffic control devices used intermittently, such as but not limited to Flagmen Ahead, shall be removed and replaced as needed. Existing permanent traffic control devices within the construction work zone shall be protected from damage due to construction operations. The contractor at his expense shall replace any permanent traffic control device damaged during construction due to negligence of the contractor. D. Construction traffic control devices shall be maintained in good repair, clean and visible to affected traffic for daytime and nighttime operations. Traffic control devices affected by the construction work zone shall be inspected daily.

104 SECTION VEHICULAR ACCESS AND PARKING E. No highway, road or street shall be closed to traffic without authorization from the proper authority. It shall be the contractor s responsibility to determine the exact requirements of the authority having jurisdiction over the right-of-way and no extra compensation will be allowed the contractor for meeting such requirements. END OF SECTION

105 SECTION TEMPORARY DUST BARRIERS PART 1 GENERAL 1.01 SCOPE Limit blowing dust caused by construction operations by applying water or employing other appropriate means or methods to maintain dust control, subject to the approval of the Owner. As a minimum, this may require the use of a water wagon twice a day to suppress dusty conditions PROTECTION OF ADJACENT PROPERTY A. The Bidders shall visit the site and note the buildings, landscaping, roads, parking areas and other facilities near the Work site that may be damaged by their operations. The Contractor shall make adequate provision to fully protect the surrounding area and will be held fully responsible for all damages resulting from Contractor's operations. B. Protect all existing facilities (indoors or out) from damage by dust, fumes, spray or spills (indoors or out). Protect motors, bearings, electrical gear, instrumentation and building or other surfaces from dirt, dust, welding fumes, paint spray, spills or droppings causing wear, corrosion, malfunction, failure or defacement by enclosure, sprinkling or other dust palliatives, masking and covering, exhausting or containment. END OF SECTION

106 SECTION PROGRESS CLEANING PART 1 GENERAL 1.01 SCOPE This Section covers the general cleaning which the Contractor shall be required to perform both during construction and before final acceptance of the Project unless otherwise shown on the Drawings or specified elsewhere in these Specifications QUALITY ASSURANCE A. Daily, and more often if necessary, conduct inspections verifying that requirements of cleanliness are being met. B. In addition to the standards described in this Section, comply with all pertinent requirements of governmental agencies having jurisdiction HAZARDOUS MATERIAL AND WASTE A. The Contractor shall handle hazardous waste and materials in accordance with applicable local, state, and federal regulations. Waste shall also be disposed of in approved landfills as applicable. B. The Contractor shall prevent accumulation of wastes which create hazardous conditions. C. Burning or burying rubbish and waste materials on the site shall not be allowed. D. Disposal of hazardous wastes or materials into sanitary or storm sewers shall not be allowed DISPOSAL OF SURPLUS MATERIALS Unless otherwise shown on the Drawings, specified or directed, the Contractor shall legally dispose off the site all surplus materials and equipment from demolition and shall provide suitable off-site disposal site, or utilize a site designated by the Owner. PART 2 PRODUCTS 2.01 CLEANING MATERIALS AND EQUIPMENT Provide all required personnel, equipment and materials needed to maintain the specified standard of cleanliness.

107 SECTION PROGRESS CLEANING 2.02 COMPATIBILITY Use only the cleaning materials, methods and equipment which are compatible with the surface being cleaned, as recommended by the manufacturer of the material or as approved by the Engineer. PART 3 EXECUTION 3.01 PROGRESS CLEANING General A. Do not allow the accumulation of scrap, debris, waste material and other items not required for construction of this Work. B. At least each day, and more often if necessary, completely remove all scrap, debris and waste material from the job site. C. Provide adequate storage for all items awaiting removal from the job site, observing all requirements for fire protection and protection of the environment. D. At all times maintain the site in a neat and orderly condition which meets the approval of the Engineer CLEANING DURING OWNER S OCCUPANCY Should the Owner occupy the Work or any portion thereof prior to its completion by the Contractor and acceptance by the Owner, responsibilities for interim and final cleaning of the occupied spaces shall be as determined by the Engineer in accordance with the Supplementary Conditions of the Contract Documents. END OF SECTION

108 SECTION CLOSE-OUT PROCEDURES PART 1 WARRANTY 1.01 PROJECT MAINTENANCE AND WARRANTY A. Maintain and keep in good repair the Work covered by these Drawings and Specifications until acceptance by the Owner. B. The Contractor shall warrant for not less than a period of one year from the date of Owner s written acceptance of certain segments of the Work and/or Owner s written final acceptance of the Project, as defined in the Contract Documents, that the completed work is free from all defects due to faulty products or workmanship and the Contractor shall promptly make such corrections as may be necessary by reason of such defects. The Owner will give notice of observed defects with reasonable promptness. In the event that the Contractor should fail to make such repairs, adjustments or other work that may be made necessary by such defects, the Owner may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect throughout the warranty period. C. The Contractor shall not be obligated to make replacements which become necessary because of ordinary wear and tear, or as a result of improper operation or maintenance, or as a result of improper work or damage by another Contractor or the Owner, or to perform any work which is normally performed by a maintenance crew during operation. D. In the event of multiple failures of major consequences prior to the expiration of the one-year warranty described above, the affected unit shall be disassembled, inspected and modified or replaced as necessary to prevent further occurrences. All related components which may have been damaged or rendered nonserviceable as a consequence of the failure shall be replaced. A new 12-month warranty against defective or deficient design, workmanship, and materials shall commence on the day that the item is reassembled and placed back into operation. As used herein, multiple failures shall be interpreted to mean two or more successive failures of the same kind in two or more items. E. The Contractor shall, at Contractor s own expense, furnish all labor, materials, tools and equipment required and shall make such repairs and removals and shall perform such work or reconstruction as may be made necessary by any structural or functional defect or failure resulting from neglect, faulty workmanship or faulty materials, in any part of the Work performed by the Contractor. F. Any and all damage to any facility not designated for removal, resulting from the Contractor s operations, shall be promptly repaired by the Contractor at no cost to the Owner. G. The Contractor shall be responsible for all road and entrance reconstruction and

109 SECTION CLOSE-OUT PROCEDURES repairs and maintenance of same for a period of one year from the date of final acceptance. In the event the repairs and maintenance are not made immediately and it becomes necessary for the owner of the road to make such repairs, the Contractor shall reimburse the owner of the road for the cost of such repairs. H. In the event the Contractor fails to proceed to remedy the defects upon notification within 15 days of the date of such notice, the Owner reserves the right to cause the required materials to be procured and the work to be done, as described in the Drawings and Specifications, and to hold the Contractor and the sureties on Contractor s bond liable for the cost and expense thereof. I. Notice to Contractor for repairs and reconstruction will be made in the form of a registered letter addressed to the Contractor at Contractor s home office address as supplied by the Contractor. J. Neither the foregoing paragraphs nor any provision in the Contract Documents, nor any special guarantee time limit implies any limitation of the Contractor s liability within the law of the place of construction. END OF SECTION

110 SECTION MILLING AND PATCHING 1.01 MILLING The Contractor shall furnish all labor, materials, equipment and incidentals required to mill the existing roadway sections specified herein in accordance with and by the methods required by Section 432 Mill Asphaltic Concrete Pavement and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems PATCHING The Contractor shall furnish all labor, materials, equipment and incidentals required to patch asphaltic concrete pavements as marked and as required by the Engineer. The pavement will be removed to the depth directed by the Engineer, in accordance with Section 411 Asphaltic Concrete Pavement, Partial Removal and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems. The stone base and/or subgrade will be compacted to the satisfaction of the Engineer before any material is placed in the patch. All asphaltic concrete to be replaced shall be in full accordance with Section 402 Hot Mix Recycled Asphaltic Concrete and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems. If any patching delineation is narrower than six and one half feet a field change may be allowed to widen the patch area to six and one half feet to allow for use of industry standard pavement removal equipment. END OF SECTION

111 SECTION BITUMINOUS TACK COAT Part 1 General 1.01 SCOPE The Contractor shall furnish all labor, materials, equipment and incidentals required to apply Bituminous Tack Coat to the roadway sections specified herein in accordance with and by the methods required by Section 413 Bituminous Tack Coat and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems.

112 SECTION ASPHALT PAVEMENT Part 1 General 1.01 SCOPE The Contractor shall furnish all labor, materials, equipment and incidentals required to construct asphaltic concrete pavements to the grades and cross-sections shown on the Drawings and as specified herein in accordance with and by the methods required by Section Hot Mix Recycled Asphaltic Concrete and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems.

113 SECTION CURB AND GUTTER Part 1 General 1.01 SCOPE The Contractor shall furnish all labor, materials, equipment and incidentals required to construct concrete curb and gutter as shown on the Drawings and as specified herein in accordance with and by the methods required by Section Miscellaneous Concrete and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems. END OF SECTION

114 SECTION PAVING SPECIALTIES Part 1 General 1.01 SCOPE The Contractor shall furnish all labor, materials, equipment and incidentals required for soil-cement construction as specified herein in accordance with and by the methods required by Section 301 Soil-Cement Construction and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems. END OF SECTION

115 SECTION THERMOPLASTIC PAVEMENT MARKINGS Part 1 General 1.01 SCOPE The Contractor shall furnish all labor, materials, equipment and incidentals required to apply Thermoplastic Pavement Markings to the roadway sections specified herein in accordance with and by the methods required by Section Thermoplastic Traffic Stripe and all referenced sections of the GDOT Standard Specifications Construction of Transportation Systems.

116 SECTION TRAFFIC CONTROL 1.01 TRAFFIC CONTROL A. The Contractor shall provide, erect and maintain all necessary barricades, suitable and sufficient lights and other traffic control devices; shall provide qualified flagmen where necessary to direct traffic; shall take all necessary precautions for the protection of the work and safety of the public. B. Construction traffic control devices and their installation shall be in accordance with the current Federal Highway Administration Manual of Uniform Traffic Control Devices for Streets and Highways. A Traffic Control Plan for the paving operation will be submitted to the Owner at the Preconstruction Meeting. C. Placement and removal of construction traffic control devices shall be coordinated with the City of Gainesville, if any, and/or the Department of Transportation a minimum of 48 hours in advance. Placement of construction traffic control devices shall be scheduled ahead of associated construction activities. Construction time within a street right-of-way shall be conducted to minimize the length of time traffic is disrupted. Construction traffic control devices shall be removed immediately following their useful purpose. Traffic control devices used intermittently, such as but not limited to Flagmen Ahead, shall be removed and replaced as needed. Existing permanent traffic control devices within the construction work zone shall be protected from damage due to construction operations. The contractor at his expense shall replace any permanent traffic control device damaged during construction due to negligence of the contractor. D. Construction traffic control devices shall be maintained in good repair, clean and visible to affected traffic for daytime and nighttime operations. Traffic control devices affected by the construction work zone shall be inspected daily. E. No highway, road or street shall be closed to traffic without authorization from the proper authority. It shall be the contractor s responsibility to determine the exact requirements of the authority having jurisdiction over the right-of-way and no extra compensation will be allowed the contractor for meeting such requirements. END OF SECTION

117 APPENDIX A APPENDIX A PROJECT DETAIL SHEETS

118 FY2017 STREET RESURFACING PROJECT ROAD NAME BEGINNING ENDING LENGTH (MILES) 1 Carlton Street Summit Street Martin Luther King Jr Blvd REQUIRED STRIPING DESCRIPTION OF WORK 0.17 None Mill, patch and resurface 2 Club Drive East Lake Drive Club Place 0.40 Center 3 Lakeview Drive Woodland Way Bridge 0.18 Center 4 Palmour Drive Queen City Parkway Palmour Drive 0.33 Center and Edge Mill, patch, resurface and place thermoplastic striping Full depth reclaim, resurface and place thermoplastic striping Mill, patch, resurface and place thermoplastic striping 5 Summit Street Norwood Street Fortson Street 0.13 None Mill, patch and resurface 6 White Sulphur Road City Limits Crescent Drive 0.38 Center and Edge 7 Woods Mill Road Century Place Elephant Trail 0.28 Center and Edge Mill, patch, resurface and place thermoplastic striping Mill, patch, resurface and place thermoplastic striping

119 FY2017 STREET RESURFACING PROJECT Carlton Street: Begin at Summit Street and end at MLK Jr Boulevard (0.17 miles)

120 Club Drive: Begin at Ease Lake Drive and end at Club Place (0.40 miles) FY2017 STREET RESURFACING PROJECT

121 Lakeview Drive: Begin at Woodland Way and end at the bridge (0.18 miles) FY2017 STREET RESURFACING PROJECT

122 FY2017 STREET RESURFACING PROJECT Palmour Drive: Begin at Palmour Drive and end at Queen City Parkway (0.33 miles)

123 Summit Street: Begin at Norwood Street and end at Fortson Street (0.13 miles) FY2017 STREET RESURFACING PROJECT

124 White Sulphur Road: Begin at Crescent Drive and end at City Limits (0.38 miles) FY2017 STREET RESURFACING PROJECT

125 Woods Mill Road: Begin at Century Place and end at Elephant Trail (0.28 miles) FY2017 STREET RESURFACING PROJECT