ITB 2024_010 _ Tucker Town Green Bid Manual.pdf

PROJECT MANUAL

CITY OF TUCKER

DEKALB COUNTY

TUCKER, GEORGIA

ITB 2024-010

TUCKER TOWN GREEN

CONSTRUCTION PROJECT

ISSUE FOR BID

Issued: May 21, 2024 File No.: 3808805

2839 Paces Ferry Road SE, Suite 850 Atlanta, GA 30339

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CITY OF TUCKER TUCKER TOWN GREEN CONSTRUCTION PROJECT

Tucker, DeKalb County, Georgia Issue for Bids ITB 2024-010 May 21, 2024 Barge No. 3808805

TABLE OF CONTENTS 000000 - 1

SECTION 000000 – TABLE OF CONTENTS

GENERAL

This Project Manual follows the CSI Master Format Document Identifying System and Cost Accounting Numbers.

Nonapplicable division and section references have been omitted.

Recipients of Bidding Documents must consult the Table of Contents to determine the full scope of the work involved and to ensure that all pages of the Project Manual and Drawings have been included.

Neither the Owner nor the A/E will be responsible for bids submitted that are based on incomplete Bidding Documents.

DIVISION 00 PROCUREMENT AND CONTRACTING REQUIREMENTS

000000 Table of Contents 000107 Seals Page City of Tucker Bid Manual

DIVISION 01 GENERAL REQUIREMENTS

013300 Submittal-RFI Procedures 013330 Structural Submittals 014525 Structural Testing

DIVISION 02 EXISTING CONDITIONS

020100 Sitework General Requirements 024119 Selective Structure Demolition

DIVISION 03 CONCRETE

031000 Concrete Formwork 031100 Concrete Formwork - Site 032000 Concrete Reinforcement 033000 Cast In Place Concrete 033001 Cast-In-Place Concrete-Sitework 033511 Concrete Floor Finishes 033543 Polished Concrete 036200 Nonshrink Grout

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DIVISION 04 MASONRY

040511 Mortar and Grout 042000 Unit Masonry 042200 Structural Concrete Masonry 044213 Stone Veneer 044302 Granite

DIVISION 05 METALS

051000 Structural Steel 055000 Metal Fabrications

055000.01 Metal Fabrications - Site

055213 Pipe and Tube Railings

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

061000 Rough Carpentry 061519 Wood Decking

DIVISION 07 THERMAL AND MOISTURE PROTECTION

071300 Sheet Waterproofing 071400 Fluid-Applied Waterproofing 072100 Thermal Insulation 074213 Metal Wall Panels 075419 Thermoplastic Single-Ply Roofing 076200 Sheet Metal Flashing and Trim 079200 Joint Sealants

079200.01 Joint Sealants - Site

DIVISION 08 - OPENINGS

081113 Hollow Metal Doors and Frames 083100 Access Doors and Panels 087100 Door Hardware

DIVISION 09 - FINISHES

092116 Gypsum Board Assemblies 093000 Tiling 099113 Exterior Painting 099123 Interior Painting 099300 Staining and Transparent Finishing 099600 High-Performance Coatings

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DIVISION 10 SPECIALTIES

101419 Dimensional Letter Signage 102800 Toilet, Bath, and Laundry Accessories 104300 Emergency Aid Specialties 104400 Fire Protection Specialties

DIVISION 12 FURNISHINGS

129300 Site Furnishing

DIVISION 22 PLUMBING

224000 Plumbing

DIVISION 23 HEATING VENTILATING AND AIR CONDITIONING

230100 Mechanical General 230593 Test, Adjust and Balance 230700 HVAC Insulation 233000 Ductwork & Air Distribution

DIVISION 26 ELECTRICAL

260100 Electrical General Requirements 260910 Occupancy Sensors 261000 Basic Materials and Methods 264000 Electrical Service and Distribution Equipment 264500 Grounding 265000 Lighting Fixtures 267500 Miscellaneous Systems

DIVISION 31 EARTHWORK

311000 Site Clearing 312000 Earth Moving 312301 Excavating Backfilling and Compacting for Structures

312319.16 Dewatering

312333 Trenching and Backfilling

DIVISION 32 EXTERIOR IMPROVEMENTS

321113 Subgrade Modifications

321116.16 Aggregate Subbase Course

321123 Aggregate Base Courses 321313 Concrete Paving 321314 Exposed Aggregate Concrete Paving 321373 Concrete Paving Joint Sealants 321416 Brick Unit Paving 321640 Granite Curb 328400 Irrigation Systems

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DIVISION 32 EXTERIOR IMPROVEMENTS (continued)

329113.19 Planting Soils

329119 Landscape Grading 329200 Lawns and Grasses 329300 Trees Plants and Ground Covers 329301 Landscape Maintenance & Warranty

DIVISION 33 UTILITIES

330561 Manholes and Covers 331100 Water Utilities 331213 Water Service Connections 333100 Sanitary Sewer Utility Piping 334000 Storm Drainage Utilities 334915 Drains, Grates, and Frames

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DOCUMENT 000107 - SEALS PAGE

1.1 DESIGN PROFESSIONALS OF RECORD

A. Architect:

1. Gregory Walker

2. Georgia License # RA010522

3. Responsible for Sections in Divisions 01-10 except where indicated as prepared by other design professionals of record.

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B. Landscape Architect

1. Raigan K. Carr

2. Georgia License # 1183

3. Responsible for the following Sections.

033001 040511 044302 055000.01 079200.01 129300 321313 321314 321373 321416 321640 329113.19 329119 329200 329300 329301

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D. Irrigation Designer

1. Michael Clark

2. Certification #000570

3. Responsible for the following Sections.

328400

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E. Structural Engineer:

1. Karen Mole Jenkins

2. Georgia License # SE000175

3. Responsible for the following Sections.

013330 014525 032000 033000 036200 042200 051000 061519 312301

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F. Mechanical Engineer (Plumbing and HVAC):

1. James Daniel Hubbartt

2. Georgia License # PE035640

3. Responsible for the following Sections.

224000 230100 230593 230700 233000

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G. Electrical Engineer:

1. Charles C. Esslinger

2. Georgia License 027956

3. Responsible for the following Sections.

260100 260910 261000 264000 264500 265000 267500

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City of Tucker

Invitation to Bid

ITB # 2024 – 010

TOWN GREEN CONSTRUCTION

BID MANUAL

City of Tucker

1975 Lakeside Parkway, Suite 350

Tucker, Georgia 30084

ITB #2024-010 TOWN GREEN CONSTRUCTION

CITY OF TUCKER INVITATION TO BID

ITB #2024-010 TOWN GREEN CONSTRUCTION

INVITATION: The City of Tucker (City), requests that interested parties submit formal electronic bids for the construction of the Town Green. The general scope of work for this two-acre town center park includes earthwork, utilities, below-ground detention, hardscape for flatwork and walls, roadwork with parking, restroom building, custom pavilion, fountains, landscape features, site furnishings, plant material and irrigation. Bids will be accepted until the date and time listed below and will be awarded to the lowest responsible and responsive bidder. The City reserves the right to negotiate with the lowest responsible and responsive bidder as provided for in O.C.G.A. § 36-91-21. Addenda and updates to this bid manual will be posted on the City of Tucker website www.tuckerga.gov/bids or may be requested by email procurement@tuckerga.gov.

BID ACTIVITY SCHEDULE These dates will need to be adjusted

Bid Issued May 21, 2024

Deadline for Questions for Pre-Bid Conference May 28, 2024 at 2:00pm (EST)

Pre-Bid Conference (Mandatory) May 30,2024 at 2:00pm (EST)

Deadline for Questions June 4, 2024, at 2:00 p.m. (EST)

Responses to Questions Posted (Addenda) June 7, 2024

Bid Deadline June 20, 2024 at 2:00 P.M. (EST)

Award at Council Meeting July 8, 2024

Completion from Notice to Proceed 330 Days

SCOPE OF WORK: Refer to Exhibit A.

QUESTIONS: Submit all questions in writing to procurement@tuckerga.gov. Reference Bid #2024-010

PRE-BID CONFERENCE: A mandatory pre-bid conference is scheduled for Thursday, May 30, 2024 at 2:00pm EST. Attendees will meet at Tucker City Annex located at 4228 First Avenue, Tucker, GA. A walk to the nearby site visit will follow the office meeting.

ADDENDA: Responses to the questions received will be by addenda and will be posted on the City website. The signed acknowledgement issued with each addendum must be submitted with the bid. It is the vendors responsibility to verify if any addenda were created.

SUBMITTAL REQUIREMENTS: Submit an electronic copy of the full bid to procurement@tuckerga.gov no later than June 20th at 2:00 P.M. Be sure to name the proposal file with ITB #2024-010 and your company name.

BID OPENING: All bids received prior to the deadline will be opened publicly at 2:00om EST at Tucker City all located at 1975 Lakeside Parkway, Suire 350, Tucker GA. Preliminary Bid results will be posted on the City’s website, www.tuckerga.gov/bids, following the opening of bids.

BID DOCUMENT SUBMITTAL REQUIREMENTS:

1. Cost Proposal/Bid Form (Exhibits B & C)

2. W-9 Form (Provided)

3. Certificate of Insurance

4. Contractor Affidavit (Provided)

5. Subcontractor Affidavit for each Proposed Subcontractor (Provided)

6. Proposed List of Subcontractors

7. Bid Bond Form

8. Contact Form (Provided)

9. Related Experience and References

10. Acknowledgement of Addendum issued with each Addendum.

Responses must be received by the date and time specified. (Addenda will show any schedule updates). Late receipt of bids will not be considered regardless of email issues. Proposals received after the opening time will be filed unopened. The City of Tucker reserves the right to reject any and all proposals or any part, to waive any formalities or informalities to make an award and to re-advertise in the best interest of the City. No proposals received orally/phone.

PURPOSE, INTENT AND PROJECT DESCRIPTION

The City of Tucker (City), requests that interested parties submit formal electronic bids for the construction of the Tucker Town Green. The improvements generally consist of demolition of existing structures and parking lots, moderate earthwork and clearing and grubbing, construction of new custom pavilion, restroom building (including electrical, water and sanitary sewer connections), water features, stormwater features and infrastructure including underground detention, sanitary sewer infrastructure, sidewalks, specialty paving, lighting, landscape areas, compactor enclosure, on-street parking and road improvements.

The complete scope, plans, and other relevant information for ITB 2024-010 is available for download on the City of Tucker website: www.tuckerga.gov/bids or request via email to procurement@tuckerga.gov .

GENERAL CONDITIONS

The contractor shall execute the work according to and meet the requirements of the following:

● Georgia Department of Transportation (GDOT) Specifications, Standards, and Details;

● DeKalb County Department of Watershed Management Design & Construction Standards Manual

● The Contract Documents including but not limited to the scope of work, plans, and specifications;

● City of Tucker ordinances and regulations;

● OSHA standards and guidelines; and

● MUTCD Guidelines

(Provided)

(Provided)

The contractor will be responsible for providing all labor, materials, and equipment necessary to perform the work. This is a lump sum bid. Progress payments will be made based on a percentage of actual work completed.

The contractor is responsible for inspecting the jobsite prior to submitting a bid. No change orders will be issued for differing site conditions.

The successful bidder must have verifiable experience at construction of similar projects in accordance with these specifications. Bidder shall provide at least three examples and reference information (including company name, project name, contact name, phone number and email address) demonstrating experience successfully completing projects of similar scope.

10% retainage will be withheld from the total amount due the contractor until Final Acceptance of work is issued by the City. The City and/or designated representatives will inspect the work as it progresses.

Progress Payments shall be made in arrears upon review of satisfactory completion of work.

PROSECUTION AND PROGRESS

The Contractor will mobilize with sufficient forces such that all construction identified as part of this contract shall be substantially completed within 330 days of Notice to Proceed. The contractor will be considered substantially complete when all work required by this contract has been completed (excluding final punch list work).

Upon Notice of Award, the Contractor will be required to submit a Progress Schedule.

Normal workday for this project shall be 7:00AM to 7:00PM and the normal workweek shall be Monday through Friday. The portion of Railroad Avenue adjacent to the project site will be closed full time during the course of construction. Other lane closures as needed are limited to the hours of 9:00AM to 4:00PM with 48-hour prior notice required for city approval. The City will consider extended workdays or workweeks upon written request by the Contractor on a case by case basis.

No work will be allowed on national holidays (i.e. Memorial Day, July 4th, Labor Day, etc.).

The work will require bidder to provide all labor, administrative forces, equipment, materials and other incidental items to complete all required work. The City and/or designated representatives shall perform a Final Inspection upon substantial completion of the work. The contractor will be allowed to participate in the Final Inspection. All repairs shall be completed by the contractor at contractor’s expense prior to issuance of Final Acceptance.

The contractor shall be assessed liquidated damages in the amount of $500.00 per calendar day for any contract work (excluding punch list items) that is not completed within 330 days of Notice to Proceed. Liquidated damages shall be deducted from the 10% retainage held by the City. The contractor will also be assessed liquidated damages in the amount of $500.00 per calendar day for not completing any required Punch List work within 45 calendar days.

The contractor shall provide all material, labor, and equipment necessary to perform the work without delay until final completion.

The contractor shall provide a project progress schedule prior to or at each preconstruction meeting. This schedule should accurately represent the intended work and cannot be vague or broad such as listing every road in the contract.

The contractor shall submit a two-week advance schedule every Friday by 2:00p.m to the City or its designee, detailing scheduled activities for the following week.

All submittals are to be provided to the City or its designee by the Contractor prior to commencing any work.

UTILITY COORDINATION

The City of Tucker is coordinating with Georgia Power to relocate existing overhead powerlines to underground. Most of this work is located in the Railroad Avenue right-of-way, and a portion of the work traverses the middle of the project site from Railroad Avenue to the north property line. It is anticipated that this work will be completed prior to the start of the Town Green construction, however a portion of the work may be still underway following notice to proceed for the Town Green. Updates will be provided to the bidders as available during the bidding phase of the Town Green. Contractor may be required to designate a Worksite Utility Coordination Supervisor as noted in Supplemental Specification, Section 107.21 (attached).

PERMITS AND LICENSES

The contractor shall procure all permits and licenses, pay all charges, taxes and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

RIGHT OF WAY AND EASEMENTS

This project does not require any Right of Ways or Easements that have not been previously coordinated by the City. The project is adjacent to CSX right-of-way in which one minor stormwater structure will need routine maintenance. The Temporary Right of Entry Agreement, included in these documents, will need to be executed prior to entry into the CSX right-of-way for the required scope of work.

BONDING AND INSURANCE REQUIREMENTS

No bid may be withdrawn for a period of forty-five (45) days after the time has been called on the date of opening.

All bids must be accompanied by a Bid Bond of a reputable bonding company authorized to do business in the State of Georgia, in an amount equal to at least five percent (5%) of the total amount of the bid.

Upon Notice of Award, the successful contractor shall submit a Performance Bond payable to the City of Tucker in the amount of 100% of the total contract price. The successful contractor shall also submit a Payment Bond in the amount of 100% pursuant to O.C.G.A. § 36- 91-70 and 90.

The contractor shall procure and maintain the following insurance policies:

1. Commercial General Liability coverage at their sole cos and expense with limits of not less than $5,000,000 in combined single limits for bodily injury and/or property damage per occurrence, and such policies shall name the City of Tucker as an additional named insured.

2. Statutory Workers Compensation and Employers Liability Insurance with limits of not less than $1,000,000, which insurance must contain a waiver of subrogation against the City of Tucker and its affiliates.

3. Commercial automobile liability insurance with limits of not less than $1,000,000 combined single limit for bodily injury and/or property damage per occurrence, and such policies shall name the City of Tucker as an additional named insured.

EXISTING CONDITIONS / DEVIATION OF QUANTITIES

All information given in this ITB concerning quantities, scope of work, existing conditions, etc. is for information purposes only. It is the Contractor’s responsibility to inspect the project site to verify existing conditions and quantities prior to submitting their bid. This is a lump sum bid and no payment will be made for additional work without prior written approval from the City. At no time will Contractor proceed with work outside the prescribed scope of services for which additional payment will be requested without the written authorization of the City.

The City reserves the right to add, modify, or delete quantities. The City may also elect to add or eliminate certain scope of work items at its discretion. The Contractor will be entitled to any adjustment of pricing or any other form of additional compensation because of adjustments made to quantities and/or work locations. Contractor will be paid for actual in-place work completed and accepted. All other work required by this ITB, plans, specs, standards, etc. but not specifically listed herein shall be considered “incidental work” and included in the bid prices.

PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE

The contractor shall be responsible for the preservation of all public and private property, trees, monuments, roadway signs and markers, fences, grassed and sodded areas, etc. along and adjacent to the road or street, and shall use every precaution necessary to prevent damage or injury thereto, unless the removal, alteration, or destruction of such property is provided for under the contract.

When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non-execution thereof by the contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that existing before such damage or injury was done, by repairing, rebuilding or otherwise restoring as may be directed, or she/he shall make good such damage or injury in an acceptable manner. The contractor shall correct all disturbed areas before retainage will be released.

ADJUSTING UTILITY STRUCTURES TO GRADE

All sewer manholes and water valves are to be adjusted to grade by the contractor.

CLEANUP

All clean-up work shall be performed daily. Operations shall be suspended if the contractor fails to accomplish clean-up within an acceptable period of time. Construction debris shall be removed from publicly accessible gutters, sidewalks, yards, driveways, etc. Failure to perform clean-up activities may result in suspension of the work.

SAFETY

Beginning with mobilization and ending with acceptance of work, the contractor shall be responsible for providing a clean and safe work environment at the project site. The contractor shall comply with all OSHA regulations as they pertain to this project.

SPECIAL CONDITIONS

Contractor to call 811 for utility locates. Minor field adjustments may be necessary or directed by the City.

SUBCONTRACTOR

Any contractor utilizing a subcontractor must submit a proposed list of subcontractors and a Subcontractor Affidavit (attached).

EXHIBIT A

SCOPE OF WORK

The Bidder agrees to furnish all labor, materials, equipment, and incidentals necessary for the construction, testing, and placing into operation of the Tucker Town Green, all in accordance with the drawings and specifications.

EXHIBIT B

BIDDER’S REPRESENTATIONS

1. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

2. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

3. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

4. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing reliable "technical data."

5. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

6. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

7. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

8. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

9. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

10. Where this Bid Form contains the provision for a bid based on a lump sum price, the Bidder shall be responsible for having prepared its own estimate of the quantities necessary for the satisfactory completion of the Work specified in these Contract Documents and for having based the lump sum price bid on its estimate of quantities.

COST PROPOSAL

1. Base Bid:

Furnish all labor, materials, equipment, and incidentals necessary for the construction, and placing into operation of the Tucker Town Green, all in accordance with the drawings and specifications and not included in items 1 through 5 in Exhibit C for the lump sum amount shown below.

Lump Sum: $____________________________________________________ (Figures)

4. Cash Allowances if Approved by City:

a. Soils and Concrete Testing

Allowance $_____________________________________________________ (Figures)

b. Contingency

Allowance $_____________________________________________________ (Figures)

BID TOTAL, ITEMS 1 THROUGH 2, INCLUSIVE, THE AMOUNT OF:

$____________________________________________________________________ (Figures)

_____________________________________________________________________ (Words)

EXHIBIT C

ADDITIVE ALTERNATES

ADDITIVE ALTERNATE NO. 1 SHADE SAILS: $________________________________ (Figures)

_____________________________________________________________________________ (Words)

Alternate No. 1 - shade sails shall include all work and materials associated with the above ground improvements for the shade sails structures, including, but not limited to support posts, sails, hardware & fasteners, and lighting. (shade sail foundations and electrical conduit shall be included in the base bid)

ADDITIVE ALTERNATE NO. 2 BENCH SWINGS: $______________________________ (Figures)

_____________________________________________________________________________ (Words)

Alternate No. 2 - Bench swings shall include all work and materials associated with the arbor/trellis support structures, bench swings, and paving shown in details.

ADDITIVE ALTERNATE NO. 3 CLIMBING MOUND: $___________________________ (Figures)

_____________________________________________________________________________ (Words)

Alternate No. 3 - Climbing mound shall include all work and materials associated with the climbing mound construction, including but not limited to the mound surface, synthetic turf & base, concrete curb/edge, concrete slide and climbing ropes.

ADDITIVE ALTERNATE NO. 4 MOGUL AREA: $________________________________ (Figures)

_____________________________________________________________________________ (Words)

Alternate No. 4 - Mogul area shall include all work and materials associated with the construction and installation of the mogul area, including, but not limited to the mogul structure, synthetic turf & base, concrete curb / edging, and concrete benches.

ADDITIVE ALTERNATE NO. 5 SECOND STREET ENTRANCE @ NORTHWEST CORNER:

$__________________________________________________________________________ (Figures)

_____________________________________________________________________________ (Words)

Alternate No. 5 – Second Street entrance shall include all work and materials associated with the construction and installation of the 2nd Street pedestrian plaza and stairway access, including, but not limited to paving, retaining walls, handrails/guardrails, and concrete stairs.

Proposal Price Certification

In compliance with the attached specification, the undersigned understands the City’s minimum scope requirements.

The undersigned offers and agrees that if this proposal is accepted by the Mayor and City Council within one hundred twenty (120) days of the date of proposal opening, that the undersigned will furnish any or all of the deliverables and additional services offered, at the quoted price, to the designated point(s) within the time specified.

COMPANY ___________________________________________________________________

ADDRESS ____________________________________________________________________

AUTHORIZED SIGNATURE ____________________________________________________

PRINT / TYPE NAME __________________________________________________________

CONTACT’S PHONE NUMBER __________________________________________________

CONTACT’S EMAIL ADDRESS _________________________________________________

First Use Date 2001 Specifications: May 17, 2006 Revised: December 8, 2008

January 10, 2014

DEPARTMENT OF TRANSPORTATION

STATE OF GEORGIA

SUPPLEMENTAL SPECIFICATION

Section 107—Legal Regulations and Responsibility to the Public

Delete Subsection 107.21 and Substitute the following:

107.21—Contractor’s Worksite Utility Coordination Supervisor

107.21 General Description

The Contractor shall designate, prior to beginning any work, a Worksite Utility Coordination Supervisor (WUCS) who shall be responsible for initiating and conducting utility coordination meetings and accurately recording and reporting the progress of utility relocations and adjustment work. Also, the WUCS shall prepare an Emergency Response Plan for the purpose of planning, training, and communicating among the agencies responding to the emergency. The WUCS shall be the primary point of contact between all of the Utility companies, the Contractor and the Department. The WUCS shall recommend the rate of reoccurrence for utility coordination meetings and the Engineer will have the final decision on the regularity for utility coordination meetings. In no case will utility coordination meetings occur less than monthly until controlling items of utility relocations and adjustment milestones are completed. The WUCS shall contact each of the utility companies for the purpose of obtaining information including, but not limited to, a Utility Adjustment Schedule for the controlling items of utility relocations and adjustments. The WUCS shall notify the appropriate utility company and/or utility subcontractors and the Department of the status of controlling items of relocations and adjustment milestones as they are completed. The WUCS shall furnish the Engineer, for approval, a Progress Schedule Chart, immediately following the receipt of the Notice to Proceed unless otherwise specified, which includes the utility companies controlling items of work and other information in accordance with Section 108.03 or elsewhere in the Contract documents.

A. Qualifications

The WUCS shall be an employee of the Prime Contractor, shall have at least one year experience directly related to highway and utility construction in a supervisory capacity and have a complete understanding of the Georgia Utilities Protection Center operations, and shall be knowledgeable of the High-voltage Safety Act and shall be trained on the Georgia Utility Facility Protection Act (GUFPA). The Department does not provide any training on GUFPA but will maintain a list of the Georgia Public Service Commission certified training programs developed by other agencies. Currently the following companies offer approved GUFPA training programs:

Associated Damage Consultants

Phone: 706.234.8218 or 706.853.1362

Georgia Utility Contractors Association

Phone: 404.362.9995

Section 107—Legal Regulations and Responsibility to the Public

Georgia Utilities Protection Center

Phone: 678.291.0631 or 404.375.6209

H B Training & Consulting

Phone: 706.619.1669 or 877.442.4282 (Toll Free)

The Prime Contractor is responsible for obtaining the GUFPA training for their employees.

Questions concerning the Georgia Public Service Commission GUFPA training program should be directed to:

Georgia Public Service Commission

244 Washington St. SW

Atlanta, GA 30334-5701

404.463.9784

B. Ticket Status

During the utility coordination meetings the WUCS shall collect and maintain the Ticket Status information to determine the status of all locate requests within the project limits. This information will be used to assure those planning to use mechanized equipment to excavate or work within the project limits are prepared to begin work when they have reported or estimated beginning work. At points where the Contractor’s or utility company’s operations are adjacent to or conflict with overhead or underground utility facilities, or are adjacent to other property, damage to which might result in considerable expense, loss, or inconvenience, work shall not commence until all arrangements necessary for the protection thereof have been made.

C. Notice

The names of known utility companies and the location of known utility facilities will be shown on the Plans, or listed in the Subsurface Utility Engineering Investigation if performed or in the Special Provisions; and the WUCS shall give 24-hour notice to such utility companies before commencing work adjacent to said utility facilities which may result in damage thereto. The WUCS shall further notify utility companies of any changes in the Contractor’s work schedules affecting required action by the utility company to protect or adjust their facilities. Notice to the utility companies by the Department of the Award of Contract, under Subsection 105.06, shall not be deemed to satisfy the notice required by this paragraph.

Furthermore, this 24-hour notice shall not satisfy or fulfill the requirements of the Contractor as stated in Chapter 9 of Title 25 of the Official Code of Georgia Annotated, known as the "Georgia Utility Facility Protection Act”.

D. Agenda

The WUCS shall cooperate with the companies of any underground or overhead utility facilities in their removal and relocations or adjustment work in order that these operations may progress in a reasonable manner, that duplication of their removal and relocations or adjustment work may be reduced to a minimum, and services rendered by those parties will not be unnecessarily interrupted. To promote this effort the WUCS shall prepare an agenda for the utility coordination meetings and circulate same in advance of the meeting to encourage input and participation from all of the utility companies. The agenda will be prepared by an examination of the project site and may include photographs of potential/actual utility conflicts.

E. Emergency Response Plan

The WUCS shall prepare an Emergency Response Plan within 30 days following the receipt of the Notice to Proceed. The WUCS shall clearly mark and highlight the gas, water and other pressurized pipeline shut-off valves and other utility services including overhead switch locations on the utility plans; and prepare a chart to indicate the location of each site (Street address or intersections), the utility company or operator of the facility with emergency contact information and the working condition of the device to facilitate prompt shut-off. The WUCS shall post the Emergency Response Plan in an area readily accessible to the Department. In the event of interruption to gas, water or other utility services as a result of accidental breakage or as a result of being exposed or unsupported, the WUCS shall promptly notify the appropriate emergency officials, the Georgia Utilities Protection Center and the appropriate utility facility company or operator, if known. Until such time as the damage has been repaired, no person shall engage in excavating or blasting activities that may cause further damage to the utility facility.

F. Submission

Provisions for reporting all utility coordination meetings, the progress of utility relocation and adjustment work milestones and ticket status information will be reported on a form developed by the WUCS and will be distributed by the WUCS to all of the utility companies as milestones are met and shall be included as part of the project records. These reports shall be delivered to the Engineer for review, on a monthly basis. The WUCS shall immediately report to the Engineer any delay between the utility relocation and adjustment work, the existing Utility Adjustment Schedule, or the proposed Utility Adjustment Schedule so that these differences can be reconciled.

G. Delays

Delays and interruptions to the controlling Item or Items of The Work caused by the adjustment or repair of water, gas, or other utility appurtenances and property will be considered for an extension of Contract Time as provided in Subsection 108.07.E unless such delays are due to the negligence of the Contractor.

H. Facilities Supported on Bridges

If the utility facilities are to be supported on bridges, the following provisions shall apply:

1. The Plans will show the location of the facility and the auxiliary items necessary to support the facility.

2. The Contractor constructing the bridge shall install anchor bolts, thimbles, inserts, or other auxiliary items attached to the bridge as a part of the support for the utility facility. The Utility Company shall furnish these auxiliary items, unless the Contract indicates these items are to be furnished by the Contractor as a part of the bridge construction.

3. The Utility or its subcontractor constructing the utility facility shall install hanger rods, pipe rollers, and other attachments necessary for the support of the utility facility as indicated on the Plans. The Utility Company shall furnish these attachments at no cost to the Department or the prime contractor unless otherwise specified. This work shall also include:

a. Caulking the openings around the utility where it passes through endwalls to prevent the passage of undesirable materials.

b. Painting the exposed portions of utility supports unless such supports are corrosion resistant. Painting shall be done in accordance with the applicable portions of Section 535, unless otherwise specified.

4. The sequence of bridge construction work may be set forth in the Plans and/or the Special Provisions and will show at what stage of the Work a utility company will be allowed to make the utility installation. Further, all or any portion of The Work under Subsection 107.21.H.3 may be included in the bridge Contract by the Plans and/or the Special Provisions.

5. Any damage to the bridge structure caused by the utility installation shall be repaired to the satisfaction of the Engineer at the expense of the Utility or its subcontractor installing the utility facility.

I. Clearances

The Plans provide for at least minimum clearance of utilities as required by the National Electrical Safety Code, U.S.

Department of Commerce, and National Bureau of Standards. Any additional clearance the Contractor may desire or require in performing The Work shall be arranged by the Contractor with the utility company. The Department will pay no extra compensation for such additional clearances.

J. Utility Relocation Progress Schedule

The purpose of the Utility Adjustment Schedule is to provide the Contractor with the pertinent information, including any utility staging required, dependent activities, or joint-use coordination that is required for the creation of a feasible progress schedule. A suitable Utility Adjustment Schedule form is available from the Department for the WUCS to circulate to utility companies for any proposed project construction staging or should a utility company not duly file a Utility Adjustment Schedule to the Department during the preconstruction phase of the project. The WUCS shall submit a Utility Relocation Progress Schedule showing together the Progress Schedule Chart referenced in Section 108.03 and the proposed Utility Adjustment Schedules from all utility companies to the Engineer for review and approval. Copies of existing Utility Adjustment Schedules with utility companies having facilities on this project will be made available at the Georgia Department of Transportation, Office of Construction Bidding Administration, located at One Georgia Center, 600 West Peachtree Street, NW, Atlanta, GA 30308, for examination by the Contractor. The Utility Adjustment Schedules are available on-line at: http://www.dot.ga.gov/doingbusiness/contractors/Pages/default.aspx

K. Compensation

There will be no separate measurement or payment for this Work. The cost associated with this Work shall be included in the overall Bid submitted.

Tucker, DeKalb Co., GA Railroad Ave. Culvert Cleaning

Abbeville Sub. Approx MP SG-560.68

OP__________

CSX Transportation, Inc.

Temporary Right of Entry Agreement

THIS AGREEMENT, made as of ______________________, 2024, by and between CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water Street, Jacksonville, Florida 32202, hereinafter called "CSXT," and Barge Design Solutions, whose legal address is 2839 Paces Ferry Road SE, Suite 850, Atlanta, GA 30339, hereinafter called "Licensee," WITNESSETH:

WHEREAS, Licensee has submitted a written application to CSXT requesting permission to enter CSXT’s property located within the Atlanta Zone, Abbeville Subdivision, near MP SG-560.68 on Railroad Ave. in Tucker, DeKalb County, GA (the “Property”), for the purpose of cleaning / clearing debris at the entrance to a box culvert located approximately 50 feet from the closest tracks and within the CSX right of way, (the “Project”).

WHEREAS, CSXT is willing to grant to Licensee the limited right and permission to enter upon the Property for the limited purpose of performing the Project.

NOW THEREFORE, CSXT hereby grants to Licensee the right and permission to enter upon the Property for the purpose of performing said Project, subject to the terms and conditions set forth below:

1. PROJECT: The Project shall be performed at the entire cost and expense of Licensee, in accordance with good and sound engineering practices, to the satisfaction of CSXT’s Regional Engineer or his or her duly authorized representative (“Regional Engineer”) and in a manner to avoid accidents, damages, unnecessary delays to or interference with train traffic of CSXT. Prior to entry, Licensee shall notify the Regional Engineer’s representative and arrange for flagging protection in accordance to Sections 5 and 6 of this Agreement. Licensee shall not dig in the ballast line or within the tracks loading influence area, or otherwise disturb the track structure. Licensee and Licensee’s employees, agents, contractors (“Contractors”) and other representatives (collectively, “Agents”) shall maintain in their possession a copy of this Agreement at all times during their occupation of the Property. Licensee further agrees that, prior to the commencement of Project work by any third party Contractor, such Contractor shall execute and deliver to CSXT Attachment B to this Agreement to acknowledge Contractor’s agreement to observe and abide by the terms and conditions of this Agreement.

2. INDEMNITY:

2.1 Licensee and its Contractors hereby assume risk of and shall indemnify, defend, protect and save CSXT and CSXT’s Affiliates harmless with respect to any and all attorneys' fees, liability, claims, demands, payments, suits, actions, recoveries, penalties, costs, legal expenses, judgments, settlements, and damages of every nature, degree, and kind (including direct, indirect, consequential, incidental, and punitive damages) for:

2.1.1 personal injury, including, but not limited to bodily injury to or death of any person or persons whomsoever, including the agents, servants, Affiliates or employees of the parties or the Contractors;

2.1.2 the loss or damage to any property whatsoever, including property owned or in the care, custody or control of the parties hereto or their respective Affiliates;

2.1.3 any environmental damage and any related remediation brought or recovered against CSXT or any of its Affiliates; and

2.1.4 any and all other losses or damages; arising directly or indirectly from the presence of Licensee or its Agents on or about the Property, whether or not attributable in whole or part to the negligence, gross negligence, or intentional misconduct of CSXT or its Affiliates.

2.2 The parties waive any and all right or opportunity to contest the enforceability of this Section and agree that, in the event this Section, or any part of this Section, is found unenforceable by the final, unappealable judgment of a court of competent jurisdiction, this Section shall be construed so as to be enforceable to the maximum extent permitted by applicable law. In the event that such court of competent jurisdiction finds that Florida statutory construction contract indemnity monetary limits apply to this Agreement with respect to Licensee’s/Contractors’ indemnification of CSXT and its Affiliates for liability caused in whole or in part by any act, omission or default by CSXT or its Affiliates, the parties hereto agree that such limit shall be equal to the limits (exclusive of deductibles) of the applicable insurance required by Sections 3 and 4 of this Agreement. The parties acknowledge and agree that this monetary limit, if required, bears a commercially reasonable relationship to this Agreement, in so far as, among other factors, the parties have taken into account the availability and cost of insurance and other risk transference devices, the scope of the Project, the risks associated with the Project, and the compensation and any other benefits exchanged between the parties in connection with this Agreement.

2.2.1 Licensee shall comply, and shall require its Contractors to comply, with any federal, state, or local laws, statutes, codes, ordinances, rules, and regulations applicable to its presence or performance of any activity on the Property. Licensee and its Contractors shall indemnify, defend, and hold CSXT and its Affiliates harmless with respect to any fines, penalties, liabilities, or other consequences for its failure to so comply.

2.2.2 For the purpose of this Agreement, the term “Affiliates” includes all entities, directly or indirectly owned or controlled by, or under common control of a party or its respective officers, directors, employees and agents, and in the case of CSXT, includes CSX Corporation, CSXT and their Affiliates and their respective officers, directors, employees and agents.

2.2.3 The provisions of this Section shall survive the termination or expiration of this Agreement.

3. GENERAL LIABILITY INSURANCE: Licensee shall or shall require its Contractor to procure and maintain insurance in compliance with CSXT’s insurance requirements attached to this Agreement as Attachment A. Neither Agency nor Contractor shall commence work on the Project until such policy or policies have been submitted to and approved by CSXT’s Risk Management Department.

4. RAILROAD PROTECTIVE LIABILITY INSURANCE: Licensee shall or shall require its Contractor to procure and maintain Railroad Protective Liability insurance in compliance with CSXT’s requirements attached to this Agreement as Attachment A.

5. PRIOR NOTIFICATION: Licensee or Licensee’s Agents shall notify CSXT’s GEC working on the project at least 30 days prior to requiring entry on the Property and shall abide by the instructions of the GEC. The GEC – STV Incorporated can be reached by contacting Janae Hudgins at Janae.Hudgins@stvinc.com or 904-265-7721.

6. CLEARANCES: Neither Licensee nor Agents shall perform any Project or place or operate any equipment of Licensee or Agents at a distance closer than fifty (50) feet from the center of any track, without the prior approval of the Regional Engineer. The Regional Engineer may require protective services or such other services as deemed necessary or appropriate. Equipment shall be moved across CSXT’s track(s) only at a public crossing unless prior arrangements have been made with the Regional Engineer and a Private Crossing Agreement is fully executed and in place. Licensee and Agents shall take all precautions necessary to avoid interference with or damage to CSXT’s property and signal and communication facilities during their performance of the Project.

mailto:Janae.Hudgins@stvinc.com

7. PROTECTIVE SERVICES: If protective services, such as flagging protection, are required by CSXT, Licensee shall make arrangements with the Roadmaster to furnish such personnel, flagman or watchman, that in the Roadmaster’s opinion may be necessary to protect the facilities and traffic of CSXT during the performance of the Project. Licensee shall pay for the cost of such services, including all applicable surcharges and additives. These services are estimated to be $0 as supported by the attached estimate.

8. PAYMENT FOR PROTECTIVE SERVICES: Payment shall be made by Licensee in accordance with the following designated option:

(X) Option 1: Licensee shall make an advance deposit of funds based on an estimate of the cost of protective or other services as determined by CSXT. The cost for CSXT’s services shall then be assessed by CSXT against this advance deposit. Upon completion of the Project, any unused funding will be returned to Licensee. Notwithstanding the foregoing, in the event Licensee performs any Project work without permission or without protective services (such as flagging protection) as may be required by CSXT, no portion of Licensee’s advance deposit will be refunded. If CSXT’s costs exceed the advance deposit(s), a request will be made to Licensee for additional funds or an invoice will be issued to Licensee for final payment. Licensee shall remit payment to CSXT within thirty (30) days of receipt of either a request for additional funds or an invoice.

( ) Option 2: Licensee shall promptly reimburse CSXT for the cost of protective or other services on an as-incurred basis, including all applicable surcharges, upon receipt of bill(s) therefor.

9. ENVIRONMENTAL: This Agreement does not include and expressly excludes the performance of any site investigation activities designed to determine environmental conditions on, about or beneath the Property. Precluded activities include performing soil borings for purposes other than geotechnical investigation, obtaining soil, sediment, groundwater and surface water samples, and conducting field or laboratory analyses of any soil, sediment, groundwater or surface water samples obtained from CSXT property to identify chemical composition or environmental condition. If any type of environmental investigation is desired, a separate right of entry agreement issued through CSXT’s Environmental Department must be secured.

10. CLAIMS: Licensee shall, or shall require Agents, to promptly notify the Regional Engineer of any loss, damage, injury or death arising out of or in connection with the Project.

11. REMEDIATION: It is understood and agreed that, upon completion of the Project, the Property shall be left in a condition satisfactory to Regional Engineer or his or her duly authorized representative.

12. SAFETY:

12.1 All personnel entering the Property must comply with CSXT safety rules and requirements to include, without exception, the wearing of hard hats and approved safety shoes and…