METROPOLITAN AUTHORTIY

REQUEST FOR QUOTES

RFQ Q36934 PEST CONTROL SERVICES FOR BUSES, RAILCARS AND MOBILITY VANS

REQUEST FOR QUOTATIONS RFQ Q36934: PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS

PART 1: INFORMATION AND INSTRUCTIONS TO QUOTERS 1. General and Background Information/ Services Being Procured 2. Procurement Questions; Prohibited Contacts 3. Protests 4. Quotation Form 5. Statement of Quoter’s Qualifications and Business References 6. List of Proposed Subcontractors 7. Submittals 8. Communicating With Authority Personnel 9. Environmental Purchasing 10. Quotation Deadline 11. Pre-Award Survey 12. Evaluation and Award 13. Multiple Award 14. Requirements 15. Illegal Immigration Reform and Enforcement Act 16. Rejection of Quotations; Cancellation of RFQ; Waiver of Technicalities 17. Georgia Open Records Act 18. Ownership of Quotes 19. Equal Employment Opportunity and Disadvantaged Business Utilization 20. Representation 21. Solicitation Documents 22. Additional Documentation 23. Award of Agreement; Execution

PART 2: SUBMITTAL FORMS 1. Illegal Immigration Reform And Enforcement Act Affidavit (Form 1) 2. Contract Affidavit (Form 1a) 3. Subcontractor Affidavit (Form 1b) 4. Sub-Subcontractor Affidavit (Form 1c) 5. Acknowledgement of Addenda (Form 2) 6. Quotation Form (Form 3) 7. No Conflict of Interest (Form 4) 8. List of Proposed Subcontractors (Form 5) 9. Quoter’s Qualifications and Business References (Form 6) 10. Client List (Form 7) 11. Request for Approved Equals (Form 8)

PART 3: FORM OF SERVICES CONTRACT 1. Contract 2. Exhibit A: Statement of Work/Scope of Services 3. Exhibit B: Special Terms and Conditions 4. Exhibit C: Payment Terms 5. Exhibit D: Additional Insurance and Bonding Requirements 6. Appendix A: Office of Diversity and Inclusion Requirements 7. Appendix B: Illegal Immigration Reform and Enforcement Act Affidavits

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY REQUEST FOR QUOTATIONS SERVICE CONTRACT

RFQ No. Q36934 Advertising Date: January 28, 2016 RFQ Title: Pest Control Services for Buses, Rail Cars and Mobility Vans RFQ Deadline: February 12, 2016 at 2:00 p.m. (local time)

The Metropolitan Atlanta Rapid Transit Authority ("MARTA") is seeking quotations for RFQ Number Q36934 - Pest Control Services for Buses, Rail Cars and Mobility Vans. Quoters should submit the quotation to MARTA's Department of Contracts, Procurement & Materials, 2400 Piedmont Road, N.E., Atlanta, Georgia 30324-3330, and referencing RFQ No. Q36934 on the outside of the package/envelope, or in the subject line of any email, no later than the RFQ deadline set forth above. MARTA reserves the right to reject any quotation received after that time. Answers to questions and requests for information related to this RFQ may only be obtained from Rae Clifton, Contract Specialist II, at (404) 848-5194 or by electronic mail [email protected] MARTA expects the price of each item or group of items to be awarded separately to be less than $200.000. No quotation of $200,000 or more will be considered.

The Quoter will be required to comply with all applicable Equal Employment Opportunity laws and regulations, including, without limitation, MARTA's policies and procedures that prohibit (among other things) discrimination based on race, color, sex, religion, or national origin and demonstrate the Quoter's use of good faith efforts to provide an equitable opportunity for Disadvantaged Business Enterprises to participate in all contracting activities.

Quotations should be submitted on the forms provided and must clearly identify the Quoter submitting them, and be signed by an authorized representative of such Quoter. The price or prices should be firm. Any conditions placed upon a quote or exceptions to the terms of this RFQ (or the Contract) may result in MARTA rejecting the quotation. MARTA may require Quoters submitting quotations to supply additional information concerning such Quoter's ability to satisfy the terms and conditions of the Contract. Failure to supply any such additional information as requested may result in MARTA rejecting the quotation.

Unless otherwise stipulated, the Contract will be awarded, if at all, to the Quoter that MARTA determines (in its sole discretion) to be the most responsive and responsible Quoter that submits the lowest quote and who is determined to be the most qualified to perform the Contract requirements. Notwithstanding the foregoing, MARTA reserves the right to (a) accept a quotation other than the lowest, if it determines that MARTA's interests are best served by doing so or (b) reject any or all quotations or parts of quotations received.

I n H. Bentley anager of Contracts INSTRUCTIONS TO QUOTERS REQUEST FOR QUOTATIONS NUMBER Q36934 PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS

Quotations shall be prepared, submitted, and considered in accordance with the following instructions, as the same may be modified from time to time in writing by MARTA, in this Request for Quotations Number Q36934 (“RFQ”):

1. GENERAL INFORMATION; SERVICES BEING PROCURED. The Metropolitan Atlanta Rapid Transit Authority (“MARTA” or the “Authority”) operates the ninth largest transit system in North America, providing bus, rail and paratransit services in the greater metropolitan Atlanta area. MARTA transports over 500,000 people in the City of Atlanta and counties of Clayton, DeKalb and Fulton daily. MARTA has approximately 4,540 employees.

MARTA is soliciting quotes from firms to provide services as required and as needed to the Authority for the elimination and prevention of pests on buses, rail cars, and mobility vans. Pests include, but are not limited to: roaches, silverfish, ants, fleas, rodents (mice and/or rats) crickets, millipedes, centipedes and flies (all types) on the interior as required or requested. The Contractor shall furnish all supervision, products, materials, equipment, equipment operators and transportation. The equipment the Contractor may utilize includes, but is not limited to, back pack sprayers, ladders, lifts, etc., pursuant to the terms and conditions contained in that certain Form of Pest Control Services for Buses, Rail Cars and Mobility Vans attached hereto (“Contract”).

2. PROCUREMENT QUESTIONS; PROHIBITED CONTACTS. Any questions regarding this procurement must be submitted in writing to MARTA’s contact person, Ms. Rae Clifton via electronic mail [email protected], on or before February 2, 2016. Questions submitted after the designated period will not be considered by MARTA. Any response made by MARTA will be provided in writing to all Quoters by posting the same to MARTA’s website at www.itsmarta.com. It is the responsibility of each Quoter to obtain a copy of all responses and/or any addenda issued for this procurement by monitoring MARTA’s website. No Quoter may rely on any verbal response to any question concerning this procurement. All Quoters (and any representative thereof) are strictly prohibited from contacting any MARTA employees (or third-party representatives or consultants of MARTA) on any matter having to do with this procurement. All communications by any Quoter must be made with MARTA’s contact person or any other MARTA employees or representatives designated by the head of MARTA’s Contracts, Procurement and Materials Department.

3. PROTESTS. Any protest or objection to this RFQ or the solicitation process related to this RFQ must be submitted, in a timely manner, in accordance with the Protest Procedures set forth on MARTA’s website at www.itsmarta.com.

4. QUOTATION FORM. The Quotation Form is the Quoter's offer to perform the Contract for the price or prices he enters upon it. It should be accompanied by the other forms and documents called for by these Instructions to Quoters. NOTE: Joint ventures or partnerships must designate one joint venture member/partner to represent the joint venture or partnership, respectively, with the authority to submit and execute a Quote, bind the entity as well as enter into an agreement with MARTA.

(a) The Quotation Form must be completed as follows: (1) Addenda. Receipt of all addenda must be acknowledged. There are spaces provided on the Quotation Form for this purpose. (2) Prices. Unit, lump sum, and other prices must be entered in all appropriate spaces provided. Unit prices should be multiplied by the “Estimated Quantity” and then multiplied by the “Quarterly Services Per Year”, and the product inserted in the “Extended Price” column. The “Extended Price” column is added together and the sum inserted in the "Total Price" row shown on the Quotation Form; the "Total Price" rows for the Base and two option years should be added together to arrive at the "Total Quote Price".

(3) The Quotation Form must be signed by Quoter’s authorized signatory (or Quoter’s duly authorized agent or employee of the Quoter with the authority to bind Quoter hereto). (4) The Quoter may not delete or modify the printed matter on the Quotation Form (or any other form attached hereto or incorporated herein) or make any substitutions therefor.

(b) Quoters are requested to observe the following instructions in completing the Quotation Form and the failure to do so will not necessarily preclude consideration of their Quotations, but may result in irregularities serious enough that their Quotations may be rejected by MARTA:

(1) The Quotation Form and the other forms accompanying this RFQ should be completed in blue or black ink or by means of typewriting. (2) Receipt of addenda should be acknowledged in the spaces provided on the Quotation Form, by entering the number and date of issue of each. (3) All identifying information should be entered, such as the Quoter's name, address, principals, and state of formation, type of entity (e.g., corporation, partnership, limited liability company, etc.) for which spaces are provided. (4) Any corrections should be initialed by the person executing the Quotation Form. (5) If the Quoter is other than a natural person, Quoter may be required to deliver to MARTA such legal documentation as MARTA may request to evidence the authority of those signing the Quotation binding the Quoter either (a) before the Quotation is considered and/or (b) before an award is made for this procurement.

5. STATEMENT OF QUOTER'S QUALIFICATIONS AND BUSINESS REFERENCES. Quoters are requested to furnish with their Quotations the information called for by the form. If the form is omitted or if the information furnished is incomplete or inadequate, the Authority may require that additional information be submitted after the Quotation deadline. The form should be signed by the person signing the Quotation Form.

NOTE: By submitting a response to this RFQ, Quoter acknowledges and agrees that MARTA may directly contact any of Quoter’s references or clients provided.

6. LIST OF PROPOSED SUBCONTRACTORS. Quoters must furnish the names and addresses of those sub-contractors to whom, at the time the Quotation is submitted, they intend to subcontract any part of the Work, indicating the specific Work to be performed by each subcontractor. In addition, Quoters will have to denote how long each firm contacted regarding subcontract opportunities has been in business. This must be supplemented with information on the firm’s annual gross receipts, as well as, their status as a DBE or Non-DBE. The purpose of this information is to facilitate the evaluation of proposed subcontractors' technical ability. Quoters will not, by naming subcontractors at the time they submit their Quotations, be precluded from contracting with other or additional subcontractors in the event of an award, except that Quoters will be required to contract with subcontractors deemed by the Authority to be technically and otherwise responsible to perform the work that are also listed in the Schedule of Disadvantaged Business Enterprise Participation for the work specified in the Schedule, unless the Quoter obtains the prior approval of the Authority's Executive Director for Diversity and Equal Opportunity (or his/her designee). Federal regulations require the Authority to maintain a list of Quoters responding to federally assisted solicitations, and of persons and firms seeking subcontracts under such solicitations. Consideration of Quotations is not, however, conditioned upon inclusion of this information when they are submitted.

7. SUBMITTALS. The Quotation Form should be submitted in accordance with the terms hereof and by email to MARTA’s contact person for this procurement, Ms. Rae Clifton, Contract Specialist II via electronic mail [email protected] or faxed to (404) 848-4295 or mailed in a sealed envelope addressed as follows:

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY Department of Contracts, Procurement and Materials 2400 Piedmont Road, N.E. Atlanta, Georgia 30324-3330 Attn: Contract Control (RFQ Q36934)

[See end of Part 1 for directions]

The lower left corner of the outside of the envelope should be marked as follows:

QUOTATION FOR CONTRACT NO. RFQ Q36934

Hand-carried Quotations must be delivered to MARTA’s Annex Building located at 2400 Piedmont Road, N.E., Atlanta, Georgia 30324-3330, before the RFQ deadline. Quoters who choose to deliver their Quotations by hand are advised that, notwithstanding the mailing address, the Authority's Annex Building is in fact located west of Piedmont Road. (See end of Part 1 for directions.) Any RFQ received after the RFQ deadline will not be considered/reviewed and will be rejected and returned.

Quotes must be submitted to the above address between the hours of 9:00 am and 2:00 pm (local time) Monday through Friday. Quotes will not be accepted on the following days: New Year’s Day, Martin Luther King, Jr’s birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day and Christmas Day.

8. COMMUNICATING WITH AUTHORITY PERSONNEL. Quoters shall have no contact with MARTA's officers, employees, consultants nor other individuals representing MARTA during the quote submittal, evaluation, or award process, except as expressly authorized by the Office of Contracts & Procurement and Materials in writing.

9. ENVIRONMENTAL PURCHASING. In an effort to promote greater use of recycled and environmentally preferable products and minimize waste, all Quotations submitted should comply with the following guidelines:

(a) All copies should be printed double-sided.

(b) All submittals and copies should be printed on recycled paper with a minimum post-consumer content of 30% or on tree-free paper (i.e., paper made from raw materials other than trees, such as kenaf). All Quotations should note the level of recycled content contained in the paper being used.

(c) Unless absolutely necessary, all Quotations and copies should minimize or eliminate the use of non- recyclable or non-reusable materials, such as plastic report covers, plastic dividers, vinyl sleeves and GBC binding. Three-ringed binders, glued materials, paper clips and staples are acceptable.

(d) Quoters should submit materials in a format that allows for easy removal and recycling of paper materials.

(e) Quoters are encouraged to use other products that contain recycled content in their Quotation documents. Such products may include, but are not limited to, folders, binders, paper clips, discs, envelopes, boxes, etc. Where appropriate, Quoters may wish to note which products in their Quotations are made with recycled materials.

(f) Unnecessary samples, attachments or documents not specifically asked for should not be submitted with the Quotations.

10. QUOTATION DEADLINE. The RFQ deadline is as shown in the Request for Quotation cover letter attached hereto and incorporated herein by this reference. All quotes must be submitted and received by MARTA by the RFQ deadline. Quotes received after the RFQ deadline will not be considered/reviewed and will be rejected and returned.

11. PRE-AWARD SURVEY. After Quotations have been opened and before an award is made (if any), the Authority will evaluate the Quotation prices, the Quotation Total, the Quoter's experience and financial data, the Quoter's proposed subcontractors', Quoter’s equal employment opportunity and disadvantaged business enterprises data, and other data relating to the Quoter's qualifications and ability to perform the Contract.

Quoters will be required to submit, in writing, the names and addresses of any proposed subcontractors not listed on the List of Proposed Subcontractors submitted with the Quotation, and to submit Statements of the Quoter's Qualifications and Business References and Equal Employment Opportunity and Disadvantaged Business Utilization forms with respect to proposed subcontractors. The Authority reserves the right to disapprove any proposed subcontractor whose technical or financial ability or resources, or whose equal employment opportunity or disadvantaged business utilization programs, are deemed inadequate or if it is in the best interest of MARTA.

To be considered for award, a Quoter must be responsive as well as technically and financially qualified to perform the Contract. As part of the pre-award survey, the Authority may require the Quoter to provide technical information about his products. Such information, if required, will be solely for the purpose of determining the Quoter's qualifications.

In the event of an award, the Technical Specifications of the Contract shall control over any such information submitted and any opinions with respect thereto that may be expressed, and any evaluations thereof that may be made, by personnel of the Authority during the pre-award survey.

12. EVALUATION AND AWARD.

(a) Each Quotation timely received shall constitute an offer to perform the Contract on the terms and conditions contained therein all for the price(s) quoted by Quoter in response to this RFQ. Each Quoter acknowledges and agrees that its Quotation shall be irrevocable for the period stipulated by the Quotation Form (“Quote Period”) and may not be withdrawn or modified during the Quote Period. The Authority may accept any Quotation by giving the Quoter notice of award during that time. If necessary, the Quote Period may be extended by written agreement between the Authority and the Quoter. Quotations will be evaluated for purposes of award on the basis stipulated in this RFQ. The Contract will be awarded, if at all, only to the responsive and responsible Quoter (or Quoters, if a multiple award is made by the Authority) whose Quotation(s), in the Authority’s sole determination, are in the best interests of the Authority to accept.

(b) All extensions of any unit prices shown and the subsequent addition of extended amounts will be verified by the Authority. In the event of a discrepancy between the unit price Quotation and the extension, the unit Quotation price will be deemed intended by the Quoter and the extension shall be adjusted. In the event of a discrepancy between the sum of the extended amounts and the Quotation Total, the sum of the extended amounts shall govern. If only a single acceptable Quotation is received, the Authority will determine whether a price or cost analysis of the Quotation is required. If the Authority decides to make such an analysis, the Quoter will provide all information needed to do so, as requested by the Authority, and shall otherwise cooperate as necessary for the purpose.

(c) All dollar amounts must be typed or hand written BOTH in word and numeric forms (e.g., One Dollar and No Cents ($1.00)). Quoters are advised that the written figures will prevail over the numerical figures in the event of a discrepancy between the two in any document. For example only, if a final quote of “One Dollar and No Cents ($2.00)” is received, then the written figure of One Dollar and No Cents is the amount of the final quote. All corrections to any entry must be lined out and initialed by the Quoter prior to quote submission.

13. REQUIREMENTS. The Quoter must demonstrate competence and experience in the areas of expertise outlined in the scope of services. In particular, qualified companies should provide complete forms as listed in Part 2: Submittal Forms, as well as Appendix A – Office of Diversity and Inclusion Requirements and should include information as listed below:

(a) A current client list (Form 7); (b) Printed or electronic examples of work undertaken for similar types of projects; and (c) Brief description of the team the Quoter is going to utilize to service the Contract.

Where the Quoter is a partnership, joint venture arrangement, limited liability company, limited liability partnership or other multiple entity organization, the entity that holds a majority ownership interest in the Quoter (i.e., over 50% ownership) must meet the minimum requirements set forth in this RFQ. Prior to final award of the Contract, the successful Quoter will be required to demonstrate that it is duly authorized to conduct business in the State of Georgia.

14. ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT. In accordance with the provisions of O.C.G.A. §13-10-90 et seq., contractors and subcontractors must register and participate in a federal work authorization program to verify the work eligibility information of all new employees. The successful Quoter, before the Contract is awarded, must submit a completed Contractor’s Affidavit in substantially the form provided certifying its compliance with O.C.G.A §13-10-90 et seq., and all

subcontractors must likewise submit Subcontractor’s Affidavit in substantially the form provided. The form should be signed by an authorized officer or agent of the prime contractor or the subcontractor and attested by a Notary Public (See Form 1 – Illegal Immigration Reform and Enforcement Act Affidavits).

15. REJECTION OF QUOTATIONS; CANCELLATION OF RFQ; WAIVER OF TECHNICALITIES. MARTA reserves the right to reject any quotation or all quotations or to waive any technical defect in a quotation before or after quotation submission. MARTA also reserves the right to cancel this RFQ at any time for any reason or no reason. Additionally, MARTA may in accordance with applicable law, by addendum, modify any provision or part of this RFQ at any time prior to the quotation due date and time. The Quoter shall not rely on oral clarifications to the RFQ unless they are confirmed, in writing, by MARTA in an issued addendum. MARTA also reserves the right to award based upon a Quoter’s original submission without discussion.

16. GEORGIA OPEN RECORDS ACT. Information provided to MARTA is subject to disclosure under the Georgia Open Records Act (“GORA”). Pursuant to O.C.G.A. § 50-18-72(a)(34), “[a]n entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A. § 10-1-760 et seq.].”

17. OWNERSHIP OF QUOTES. Each Quote submitted to MARTA will become the property of MARTA, without compensation to a Quoter, for MARTA’s use, in MARTA’s sole discretion.

18. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED BUSINESS UTILIZATION. All Qouters are (a) strongly encouraged to consider the use of Disadvantaged Business Enterprises (“DBE(s)”) in all aspects of the Contract that will be awarded pursuant to this solicitation process and (b) will be required to document their good faith efforts in this regard as an integral part of their Qoute. Refer to the Equal Employment Opportunity and Disadvantaged Business Enterprise Requirements.

A current listing of DBE’s certified with the Georgia Unified Certification Program DBE Directory, as the same may change from time to time, is located at: http://www.dot.ga.gov/doingbusiness/dbePrograms/Pages/default.aspx.

MARTA has assigned a 30% goal for Disadvantaged Business Enterprise (DBE) participation in this project, the Proponent agrees and warrants that Proponent:

i. (a) Not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, or national origin; (b) comply with all the provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations and other relevant orders of the US Secretary of Labor, and Proponent will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by Title VI of the Civil Rights Act of 1964, as well as, the Age Discrimination in Employment Act effective June 12, 1968, and will permit access to books, records and accounts by the Authority, the Secretary of Labor and/or the Secretary of Transportation, for purposes of investigation to ascertain Proponent’s compliance with such rules, regulations, and orders; (c) take affirmative action to assure that Disadvantaged Business Enterprises are strongly pursued for participation on this contract and will document their best efforts to ascertain DBE participation in different aspects of the project as an integral part of their submitted Quote.

ii. The breach of any of the foregoing agreements and warranties shall be a material breach of this contract, for which MARTA, in addition to all other remedies, shall have the right to cancel the contract; and (d) provide MARTA with a written copy of its equal opportunity

policy statement if less than fifty (50) employees and a copy of current written affirmative action plan if fifty (50) or more employees, which will be accomplished prior to Contract award.

19. REPRESENTATION. By submitting a quote in response to this RFQ, Quoter acknowledges and represents that: (a) the accompanying quote is made by a person or business entity that is neither a high cost lender nor a predatory lender, nor is the Quoter an affiliate of a high cost lender or a predatory lender, as defined by the Official Code of Georgia Annotated (“Code”) Section 58-102; (b) it has read all of the RFQ documents (including, without limitation, the Contract) and acknowledges that, if successful, Quoter shall be bound by the requirements stated therein; (c) the signatory to the Quote is the Quoter (or Quoter’s duly authorized agent or employee of the Quoter with the authority to bind Quoter hereto); (d) any information or disclosure provided in response to this RFQ are fully restated herein and remain truthful and accurate representations up to and including the date Quoter submits its Quote to MARTA; (e) MARTA will not agree to make any substantive revisions to the Contract; (f) it will be bound by MARTA’s Code of Ethics available at http://www.itsmarta.com/Code-of-Ethics-Revised-8-12-2013.pdf, as the same may be amended from time to time in MARTA’s sole discretion; and (g) it agrees that it will voluntarily notify MARTA immediately if any information or disclosure provided to MARTA during any part of this procurement process changes, is no longer accurate or would be misleading in any way.

20. ELECTRONIC SOLICITATION DOCUMENTS. This RFQ is being made available to all Quoters by electronic means. By responding to this RFQ, Quoter acknowledges and accepts full responsibility to ensure that it is responding to the correct form of RFQ, including any addenda issued by MARTA’s Department of Contracts, Procurement and Materials. Quoter acknowledges and agrees that in the event of a conflict between the RFQ in the Quoter’s possession and the version maintained by MARTA’s Department of Contracts, Procurement and Materials, the version maintained by MARTA’s Department of Contracts, Procurement and Materials shall govern. The RFQ document is available at www.itsmarta.com.

21. ADDITIONAL DOCUMENTATION. Each Quoter, if successful, acknowledges and agrees to submit such additional documentation (e.g., insurance/bonds, etc.) promptly after an award pursuant to any notice provided by MARTA and as required by the terms of this RFQ and the Contract

22. AWARD OF AGREEMENT; EXECUTION. If MARTA awards a Contract pursuant to this procurement, MARTA will prepare and forward to the successful Quoter a Contract substantially in the form included in this solicitation document.

The address for receiving all deliveries to MARTA Headquarters Complex (HQ - 2424 Piedmont Rd NE and HQ Annex - 2400 Piedmont Rd NE) is:

MARTA HQ Annex Directions from MARTA HQ to MARTA Receiving at the HQ Annex (see map below): 2400 PIEDMONT RD NE East on Morosgo Drive to Piedmont Rd. NE

ATLANTA GA 30324 South on Piedmont Rd to Garson Dr. NE 404-848-5081 Annex Mail Center West on Garson Dr. NE to third driveway on the right 404-848-4773 Mail Services Supervisor

RECEIVING HOURS: MARTA HQ Monday – Friday 9:00 am – 2:00 pm

Closed: New Year’s Day/Martin Luther King, Jr Holiday/Memorial Day/Independence Day/Labor Day/Thanksgiving Day/Friday Following//Thanksgiving Day/Christmas Day

Driving Directions from I-75 S

From I-75 S,

Use the left 3 lanes to take exit 251 to merge onto I-85 N, follow signs for I-85 N

Take the Buford Hwy N exit MARTA HQ RECEIVING Merge onto GA-13 N

Take the GA-237 N/Piedmont Rd NE exit

Turn right onto Piedmont Rd NE

Turn left onto Garson Dr. NE (turn into third driveway on right)

OVER FOR DRIVING DIRECTIONS FROM I-75 N/I-85 N, I-85 S AND GA - 400

&

DIRECTIONS TO THE HQ ANNEX MAIL CENTER LOADING DOCK

MARTA HEADQUARTERS COMPLEX RECEIVING

Driving Directions from I-75/I-85 N Driving Directions from I-85 S Driving Directions from GA-400 S

From the I-75 N/I-85 N Connector From I-85 southbound, From GA-400 southbound, northbound, Take exit 88 for Lenox Rd toward GA-400 Take exit 18 for Sidney Marcus Blvd Keep left at fork to stay on I-85 N, N/Cheshire Br Rd follow signs for I-85 N Turn left onto GA-237 S/Piedmont Rd Turn left onto Cheshire Bridge Rd NE NE Take the Buford Hwy N exit Turn right onto GA-236 W/Lavista Rd Turn right onto Garson Dr NE (turn Merge onto GA-13 N NE/Lindbergh Dr NE into third driveway on right)

Take the GA-237 N/Piedmont Rd NE exit Turn left onto GA-237S/Piedmont Rd NE

Turn right onto Piedmont Rd NE Turn right onto Garson Dr NE (turn into

third driveway on right) Turn left onto Garson Dr. NE (turn into third driveway on right)

Directions to the HQ Annex Mail Center Loading Dock Enter the driveway (note signage on fence for MARTA HQ Annex, MARTA Police) and proceed to the gate and intercom. Press the intercom button and provide the Protective Specialist:

 Your Name  Your Company Name  Purpose for Your Visit

From the gate, proceed to the first stop sign and turn left to the HQ Annex Mail Center and loading dock. The pedestrian entrance and doorbell are to the left of the loading dock.

PEDESTRIAN ENTRANCE & DOORBELL LOADING DOCK & LIFT

INTERCOM

Part 2: Submittal Forms

1. Illegal Immigration Reform and Enforcement Act Affidavit (Form 1)

2. Contract Affidavit (Form 1a)

3. Subcontractor Affidavit (Form 1b)

4. Sub-Subcontractor Affidavit (Form 1c)

5. Acknowledgement of Addenda (Form 2)

6. Quotation Form (Form 3)

7. No Conflict of Interest (Form 4)

8. List of Proposed Subcontractors (Form 5)

9. Quoter’s Qualifications and Business References (Form 6)

10. Client List (Form 7)

11. Request for Approved Equals (Form 8)

12. Office of Diversity and Inclusion Submittals (Appendix A)

ATTACH ALL OF THE FORMS NOTED ABOVE AFTER THIS PAGE IN SOLICITATION DOCUMENT

FORM 1 Illegal Immigration Reform and Enforcement Act Forms

All Proponents must comply with the Illegal Immigration Reform and Enforcement Act of 2011, O.G.G.A § 13-10-90, et seq. (“IIREA”). Proponents must familiarize themselves with IIREA and are solely responsible for ensuring their compliance therewith. Proponents may not rely on these instructions for that purpose. These instructions are offered only as a convenience to assist Proponents in complying with the requirements of MARTA’s procurement process and the terms of this RFQ.

1. The attached Contractor Affidavit must be filled out COMPLETELY and submitted with the proposal prior to the proposal due date.

2. The Contractor Affidavit must contain an active Federal Work Authorization Program (E-Verify) User ID Number and Date of Registration.

3. Where the business structure of a Proponent is such that Proponent is required to obtain an Employer Identification Number (EIN) from the Internal Revenue Service, Proponent must complete the Contractor Affidavit on behalf of, and provide a Federal Work Authorization User ID Number issued to, the Proponent itself (see Example 1 below). Where the business structure of a Proponent does not require it to obtain an EIN, each entity comprising Proponent must submit a separate Contractor Affidavit (see Example 2 below).

Example 1: ABC, Inc. and XYZ, Inc. form and submit a bid/proposal as TransitService, LLC. TransitService, LLC must enroll in the E-verify program and submit a single Contractor Affidavit in the name of TransitService, LLC which includes the Federal Work Authorization User ID Number issued to TransitService, LLC.

Example 2: ABC, Inc. and XYZ, Inc. execute a joint venture agreement and submit a bid/proposal under the name TransitService, JV. If, based on the nature of the JV agreement, TransitService, JV is not required to obtain an Employer Identification Number from the IRS. The bid/proposal submitted by TransitService, JV must include both a Contractor Affidavit for ABC, Inc. and a Contractor Affidavit for XYZ, Inc.

4. All Contractor Affidavits must be executed by an authorized representative of the entity named in the Affidavit. All Contractor Affidavits must be notarized.

5. Subcontractor and sub-subcontractor affidavits are not required at the time of quotation submission, but will be required at or prior to Contract execution or in accordance with the timelines set forth in IIREA.

FORM 1a Contractor Affidavit O.C.G.A. § 13-10-91(b)(1)

By executing this Contractor Affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of MARTA 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. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for 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. § 13-10-91(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: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the forgoing is true and correct.

Executed on ______, ____, 20__ 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:

FORM 1b Subcontractor Affidavit O.C.G.A. § 13-10-91(b)(3)

By executing this Subcontractor Affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ______(name of contractor) on behalf of MARTA 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. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice of receipt of an affidavit from any sub-subcontractor that has contracted with a sub-subcontractor to forward, within five business days of receipt, a copy of such notice to the contractor. Subcontractor 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 Subcontractor: ______

Name of Project: ______

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the forgoing is true and correct.

Executed on ______, ____, 20__ 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: ______

FORM 1c Sub-subcontractor Affidavit O.C.G.A. § 13-10-91(b)(4)

By executing this affidavit, the undersigned sub-subcontractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract for ______(name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract) and ______(name of contractor) on behalf of MARTA 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.§13-10-91. Furthermore, the undersigned sub-subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned sub-subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the sub-subcontractor with the information required by O.C.G.A. §13-10-91(b). The undersigned sub-subcontractor shall submit, at the time of such contract, this affidavit to ______(name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Additionally, the undersigned sub-subcontractor will forward notice of the receipt of any affidavit from a sub-subcontractor to ______(name of subcontractor or sub-subcontractor with whom such sub-subcontractor has privity of contract). Sub-subcontractor 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 Sub-Subcontractor: ______

Name of Project: ______

Name of Public Employer: Metropolitan Atlanta Rapid Transit Authority

I hereby declare under penalty of perjury that the forgoing is true and correct.

Executed on ______, ____, 20__ 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: ______

FORM 2

ACKNOWLEDGMENT OF ADDENDA

Each Proponent, Quoter or Respondent must complete and submit an acknowledgement with its proposal, quote or response that it has received all Addenda issued by MARTA for this solicitation. If none were issued check the box next to the word “NONE” below. This form has been included and may be used to satisfy this requirement. This is to acknowledge receipt of the following Addenda for RFQ Q36934 – Pest Control Services for Buses, Rail Cars and Mobility Vans.

NONE [ ]

1. ______; 2. ______; 3. ______; 4. ______; 5. ______; 6. ______; 7. ______; 8. ______; 9. ______; 10. ______; and 11. ______.

Date:______, 20_____ Date: ______, 20_____

Corporate Quoter: Non-Corporate Quoter: [Insert Corporate Name] [Insert Quoter Name]

By: By:

Print Name: Print Name:

Title: Title:

Corporate Secretary/Assistant Notary Public (Seal) Secretary (Seal) My Commission Expires:

FORM 3 QUOTATION FORM

On and as of ______, 2016, the undersigned, having examined carefully and become familiar with the (a) accompanying Request for Quotations for RFQ No. 36934: PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILIY VANS (“RFQ”); (b) any addenda to the RFQ; and (c) the Services (as defined in the RFQ) being solicited by the Metropolitan Atlanta Rapid Transit Authority (“MARTA”), hereby submits this quotation to MARTA in response to RFQ No. 36934.

PLEASE SEE ATTACHED QUOTATION FORM

In witness whereof, the Quoter hereto has executed this Quotation Form this ______day of ______, 20___.

QUOTER: Please type or print all information except signature

Company Name:______

Street Address:______

City:______State:______Zip Code:______

Telephone: ( )______- ______Email______

Corporate Quoter: Non-Corporate Quoter: [Insert Corporate Name] [Insert Quoter Name]

By: By:

Print Name:______Print Name: ______

Title: Title:

Corporate Secretary/Assistant Notary Public (Seal) Secretary (Seal) My Commission Expires:

FORM 3 QUOTATION FORM Q36934 PEST CONTROL SERVICES FOR BUSES, RAIL CARS, AND MOBILITY VANS

In compliance with RFQ Q36934 and the attached Contract, the undersigned hereby covenants and agrees to perform all Services in accordance with the terms and conditions set forth in the Contract at the prices set forth in this quotation. The undersigned certifies that the only person or parties interested in this quotation as principals are those named herein, and that this quotation is made without collusion with any other person, firm or corporation.

BASE TERM - TWO (2) YEARS Estimated Quantity x Quarterly Services Per 2 Year Base x Unit Price = Extended Price

*Quarterly Estimated Item No. Description Services Per Unit Price Extended Price Quantity 2 Year Base Locations 1 Armour Yard - Rail Cars 100 8 $ $ 2 South Yard - Rail Cars 110 8 $ $ 3 Avondale Yard - Rail Cars 108 8 $ $ 4 Hamilton Bus Garage 152 8 $ $ 5 Brownsmill Bus Garage 25 8 $ $ 6 Laredo Bus Garage 208 8 $ $ 7 Perry Boulevard Bus Garage 143 8 $ $ 8 Brady Avenue - Mobility Vans 188 4 $ $

TOTAL PRICE ( Sum of Line Items 1 - 8) $

The above constitutes a lump sum award. Quoters must quote all lines including sub-line items within each Line Item for the Two Year Base Term and Option Years One and Two in order to be considered for an award. For the purposes of award, the Total Quote Price will control.

*The "8 Quarterly Services Per 2 Year Base" consists of servicing the Location once per Quarter, times 4 Quarters per year (4), multiplied by 2 years (4X2=8). Likewise, the "4 Services per 2 year Base" at Brady Avenue - Mobility Vans, consists of 2 Services per Year (bi-annually) multiplied by 2 years (2X2=4).

IN ORDER TO BE CONSIDERED FOR AWARD, QUOTERS MUST SUBMIT UNIT PRICE FOR ALL NOTE: LINE ITEMS (1-24). Page 1 QUOTATION FORM Q36934 PEST CONTROL SERVICES FOR BUSES, RAIL CARS, AND MOBILITY VANS

Option Year 1 Estimated Quantity x Quarterly Services Per Year x Unit Price = Extended Price

Quarterly Estimated Item No. Description Services Per Unit Price Extended Price Quantity Year Locations 9 Armour Yard - Rail Cars 100 4 $ $ 10 South Yard - Rail Cars 110 4 $ $ 11 Avondale Yard - Rail Cars 108 4 $ $ 12 Hamilton Boulevard Bus Garage 152 4 $ $ 13 Brownsmill Bus Garage 25 4 $ $ 14 Laredo Bus Garage 208 4 $ $ 15 Perry Boulevard Bus Garage 143 4 $ $ 16 Brady Avenue - Mobility Vans 188 2 $ $

TOTAL PRICE ( Sum of Line Items 9-16) $

Q36934 PEST CONTROL SERVICES FOR BUSES, RAIL CARS, AND MOBILITY VANS

Option Year 2 Estimated Quantity x Quarterly Services Per Year x Unit Price = Extended Price

Quarterly Estimated Item No. Description Services Per Unit Price Extended Price Quantity Year

Locations 17 Armour Yard - Rail Cars 100 4 $ $ 18 South Yard - Rail Cars 110 4 $ $ 19 Avondale Yard - Rail Cars 108 4 $ $ 20 Hamilton Boulevard Bus Garage 152 4 $ $ 21 Brownsmill Bus Garage 25 4 $ $ 22 Laredo Bus Garage 208 4 $ $ 23 Perry Boulevard Bus Garage 143 4 $ $ 24 Brady Avenue - Mobility Vans 188 2 $ $

TOTAL PRICE ( Sum of Line Items 17 - 24) $ IN ORDER TO BE CONSIDERED FOR AWARD, QUOTERS MUST SUBMIT UNIT PRICE FOR ALL NOTE: LINE ITEMS (1-24). The above constitutes a lump sum award. Quoters must quote all lines including sub-line items within each Line Item for the Two Year Base Term and Option Years One and Two in order to be considered for an award. For the purposes of award, the Total Quote Price will control.

Page 2 TOTAL QUOTE PRICE SUMMARY Q36934 PEST CONTROL SERVICES FOR BUSES, RAIL CARS, AND MOBILITY VANS

Base Contract (2 Years) $

Option Year 1 $

Option Year 2 $

Total Quote Price $

(Total Quote Price typed or hand written in word form on the line above.)

THIS QUOTE IS A FIRM OFFER IRREVOCABLE FOR NINETY (90) DAYS

THE QUOTATION FORM MUST BE SIGNED IN ORDER TO BE CONSIDERED FOR AWARD. IN ORDER TO BE CONSIDERED FOR AWARD, QUOTERS MUST SUBMIT UNIT PRICE FOR ALL NOTE: LINE ITEMS (1-24). The Unit Price and the Extended Price for each Line Item must include all costs necessary to provide the services for fulfilling the requirements of this Contract. The quantity specified on the Quote Form as Estimated Quantity is an estimated quantity only for the purpose of comparing quotes. MARTA does not guarantee to service any minimum quantity of vehicles.

The above constitutes a lump sum award. Quoters must quote all lines including sub-line items within each Line Item for the Two Year Base Term and Option Years One and Two in order to be considered for an award. For the purposes of award, the Total Quote Price will control.

Page 3 FORM 4 NO CONFLICT OF INTEREST

Except as may be identified and explained below, the undersigned hereby certifies that (a) no member of the Board of Directors, officer, and employee of the Metropolitan Atlanta Rapid Transit Authority, (b) no elected, appointed, and employed official or employee of the State of Georgia and of a governing body, instrumentality, or political subdivision within the territory comprising the Counties of Fulton, DeKalb or Clayton, Georgia, and (c) no relative of any persons described above, (d) no member of and delegate to the Congress of the United States has an interest whatsoever (regardless of how indirect and how remote that interest may be) in Proponent's organization and in the proceeds of a Contract and agreement which might be made between Proponent and the Metropolitan Atlanta Rapid Transit Authority as a result of the proposal, quote, bid and/or qualification statement accompanied by this certification, and (e) no person who is or who during the past twelve months has been a member of the Board of Directors, an officer, or an employee of the Metropolitan Atlanta Rapid Transit Authority is employed by or on behalf of the Proponent's organization.

The undersigned certifies that he/she is legally authorized by the Proponent to make the above representation, and that the representation is true to the best of his/her knowledge and belief and without deliberate omission of any inquiry which would to the best of his/her belief tend to change the above representation. The undersigned understands that any representation made knowing it to be false may disqualify the Proponent from being awarded the Contract and future work by MARTA.

NOTE: THIS CERTIFICATION MUST BE SIGNED AND SUBMITTED TO MARTA.

Signature ______

Print Name ______

Title ______Telephone #: ( )

Name of Proponent Company ______

Address ______

______

FORM 5 LIST OF PROPOSED SUBCONTRACTORS

1. NAME: ______

ADDRESS: ______

TELEPHONE NUMBER: ______

SUBCONTRACT EFFORT: ______

AGE OF FIRM: ______YEAR(S) ______MONTH(S)  DBE  NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

 $0 - $99,999  $100,000 - $499,999 $500,000 - $999,999 $1,000,000 - $4,999,999

 $5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 – 24,999,999 2. NAME: ______

ADDRESS: ______

TELEPHONE NUMBER: ______

SUBCONTRACT EFFORT: ______

AGE OF FIRM: ______YEAR(S) ______MONTH(S)  DBE  NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

 $0 - $99,999  $100,000 - $499,999 $500,000 - $999,999 $1,000,000 - $4,999,999

 $5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 – 24,999,999 3. NAME: ______

ADDRESS: ______

TELEPHONE NUMBER: ______

SUBCONTRACT EFFORT: ______

AGE OF FIRM: ______YEAR(S) ______MONTH(S)  DBE  NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

 $0 - $99,999  $100,000 - $499,999 $500,000 - $999,999 $1,000,000 - $4,999,999

 $5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 – 24,999,999 4. NAME: ______

ADDRESS: ______

TELEPHONE NUMBER: ______

SUBCONTRACT EFFORT: ______

AGE OF FIRM: ______YEAR(S) ______MONTH(S)  DBE  NON-DBE

ANNUAL GROSS RECEIPTS OF FIRM:

 $0 - $99,999  $100,000 - $499,999 $500,000 - $999,999 $1,000,000 - $4,999,999  $5,000,000 - $9,999,999 $10,000,000 - $14,999,999 $15,000,000 – 24,999,999

(use additional sheet(s) if needed)

FORM 6 QUOTER’S QUALIFICATIONS AND BUSINESS REFERENCES

Name of Respondent

Principal Office (Street Address or P.O. Box Number)

(State) (Zip Code)

( ) ( ) (Telephone Number) (Fax Number)

Federal ID Number: ______(Social Security Number in case of an individual)

1. Are you registered to do business in Georgia? ______Business Classification ______

2. Do you have a Georgia Business License? ______Business License Number ______

3. Are you an individual , a partnership , a corporation , a limited liability company , or a joint venture ? (Check as applicable)

If a partnership, list names and addresses of partners; if a corporation, list names of officers and directors and State of incorporation; if a joint venture, list names and addresses of ventures and, if any venturer is a corporation, partnership, or joint venture, list the same information for each such corporation, partnership, and joint venture.

4. How many years has your organization been in business under your present business name? ____ yrs.

5. How many years of experience has your organization had in work similar to the work of this Contract?

(a) As a prime contractor?

(b) As a subcontractor?

6. List all the contracts which your organization has completed during the last 5 years, and which demonstrate qualifications to perform the work of this Contract. (For joint venture work, show the sponsoring individual or company.)

Name and Address of Year Contract Price Kind of Contract Location of Work Customer

7. Have you or your organization, or any officer or partner thereof, failed to complete a contract?

If so, give details

8. In what other lines of business are you financially interested?

9. Describe the composition of your company’s labor force by job classification, including management:

10. Give information about the experience of the principal individuals of your present organization.

Present Position Years of Individual's or Office in Similar Magnitude and In what Name your organization Experience Type of Work Capacity

11. List similar contract work which you have currently underway, or for which you are committed:

Name and Contract Kind of Location Completion Expected address of Price Contract of Work Date Completion Customer

12. References: List customers, including public bodies, for whom you have done work during past three (3) years:

Name Address Business

13. Reference is hereby made to the following financial institutions as to the financial responsibility of the Respondent:

Name of the Bank:

Street Address:

City and State: Telephone:

Officer familiar with Proponent Account:

Name of the Bank:

Street Address:

City and State: Telephone:

Officer familiar with Proponent Account:

Name of the Bank:

Street Address:

City and State: Telephone:

Officer familiar with Proponent Account:

14. Reference is hereby made to the following surety/insurance company or companies as to the financial responsibility and general reliability of the Respondent:

Name of Surety/Insurance Company:

Name of Local Agent (if different):

Local Street Address:

City and State: Telephone:

Person familiar with Proponent Account:

Name of Surety/Insurance Company:

Name of Surety/Insurance Company:

Name of Local Agent (if different): Local Street Address: City and State: Telephone: Person familiar with Proponent Account: Name of Surety/Insurance Company:

15. Financial information for last two (2) years:

Year ending______Year ending______

Total Gross Sales $ ______$ ______

Net Profit (Loss) $ ______$ ______

Current Assets $ ______$ ______

Current Liabilities $ ______$ ______

Audited financial statements available? Yes___No___ Yes___ No_____

16. Is any litigation pending against your organization? If so, give details

The undersigned certifies that he is legally authorized by the Respondent to make the statements and representations contained in this form, and represents and warrants that the foregoing information is true and accurate to the best of his knowledge, and intends that the Metropolitan Atlanta Rapid Transit Authority rely thereon in awarding the Contract.

PROPONENT NAME

DATE OF SIGNING

SIGNATURE

TITLE

FORM 7 CLIENT LIST

1. Organization Name: ______

Address: ______

City: ______State: ______

Project Name: ______Date: ______

Project Description: ______

______

______

______

Contact Name: ______

Telephone Number: ______Email: ______

2. Organization Name: ______

Address: ______

City: ______State: ______

Project Name: ______Date: ______

Project Description: ______

______

______

______

Contact Name: ______

Telephone Number: ______Email: ______

3. Organization Name: ______

Address: ______

City: ______State: ______

Project Name: ______Date: ______

Project Description: ______

______

______

______

Contact Name: ______

Telephone Number: ______Email: ______

FORM 8 PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS RFQ Q36934

NOTE: This action is informational and does not modify the contract documents, which can be changed only by addendum. Quoter shall complete the underlined areas.

FIRM: QUOTE NUMBER: DATE:

REQUEST IS FOR:

Approved Equal More Information/Clarification Deviation

Scope of work Requirement: Section: 13. Treatment Requirements

REQUEST:

FOR MARTA USE

DATE RECEIVED: DATE OF REPLY:

APPROVED: DENIED:

MORE INFO. REQUIRED: COMMENTS NOTED:

APPROVED CONDITIONS:

COMMENTS:

SIGNATURE: PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS RFQ NUMBER Q36934

FORM OF SERVICES CONTRACT

This Services Contract (“Contract”) is entered into and effective on and as of ______, 2016 (“Effective Date”) by and between the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) and the ______, a ______(“Contractor”). MARTA and Contractor are collectively referred to herein as the “Parties” and each, individually, as a “Party.”

Contract Name: Pest Control Services for Buses, Rail Contract No: Q36934 Cars and Mobility Vans Contractor: ______MARTA Department: ______Address: Address: ______MARTA ______2424 Piedmont Road, NE ______Atlanta, Georgia 30324‐3330

Phone: ______Phone:______Fax:______Fax:______Contractor’s Authorized Representative: MARTA’s Authorized Representative: ______(or his or her designee(s))

1. SERVICES.

(a) Service. Subject to the terms and conditions set forth herein, Contractor shall perform the services described in the statement of work attached hereto as Exhibit A (“Statement of Work,” “Scope of Work,” “Scope of Services” or “Services”). The Contractor shall perform the Services when ordered from time to time by MARTA or as stipulated in the Statement of Work. Contractor will be responsible for the cost of, obtaining, maintaining and complying with, and paying all fees and taxes associated with, all applicable licenses, authorizations, consents, approvals and permits required of Contractor in performing Services and complying with this Contract. Contractor acknowledges and agrees that MARTA is exempt from all State taxes, use taxes and federal excise taxes, and no provisions for such taxes should be included in any price proposal/quote and MARTA will not pay any such tax if included therein or otherwise invoiced.

(b) Contractor Costs. Unless otherwise expressly provided in this Contract, all materials, equipment, software, facilities and labor required for the proper performance of the Services shall be furnished by and be under the sole direction and control of Contractor and at Contractor’s sole expense. Contractor shall be responsible, at its sole cost, for procuring and using such resources in a professional and workmanlike manner at no additional cost to MARTA.

(c) Removal of Employees Assigned to MARTA Contract. Within a reasonable period, but not later that seven (7) days after Contractor’s receipt of notice from MARTA that the continued assignment to this Contract of any Contractor Employees is not in the best interests of MARTA or may create a conflict of interest (in MARTA’s sole determination), Contractor shall remove such Contractor Employee(s) from providing services under this Contract. Contractor will not be required to terminate the employment of such individual. Contractor will assume all costs associated with the replacement of any Contractor Employees. In addition, Contractor agrees to remove from this Contract any Contractor Employees who have engaged in willful misconduct or have committed a material breach of this Contract immediately after Contractor becomes aware of such misconduct or breach and notify MARTA of the same. For purposes of this Contract, the term “Contractor Employee(s)” shall mean all of Contractor’s employees, contractors, subcontractors, agents, including, without limitation, the employees, contractors, subcontractors, agents of Contractor’s partners or joint venture partners and any other individuals or entities providing any of the Services set forth in the Contract under the color of Contractor’s authority.

(d) Contractor Authorized Representative. Contractor designates the person(s) named herein above as its Contractor Authorized Representative (“Contractor Authorized Representative”) who shall: (a) be an employee within Contractor’s organization, with the information, authority and resources available to properly coordinate Contractor’s responsibilities under this Contract; (b) serve as primary interface and the single‐point of communication for the provision of Services by Contractor; (c) have day‐to‐day responsibility and authority to address issues relating to the Services; and (d) devote adequate time and efforts to managing and coordinating the Services.

(e) MARTA Authorized Representative. MARTA designates the person(s) named herein above as its MARTA Authorized Representative(s) (“MARTA Authorized Representative”) who shall: (a) serve as primary interface and the primary point(s) of communication for the provision of Services; (b) have day‐to‐day responsibility to address issues relating to this Contract; and (c) to the extent provided under applicable law (and the policies and procedures of MARTA) as the same may change from time to time, have the authority to execute any additional documents or changes on behalf of MARTA.

2. TERM. The term of this Contract shall commence on the Effective Date and expire 2 Years after MARTA provides Contractor with a written Notice to Proceed, unless earlier terminated in accordance with the terms of this Contract. The term ‘Notice to Proceed’ for purposes of this Contract means a written instruction from MARTA to Contractor instructing the Contractor to commence work under this Contract.

3. OPTIONS TO EXTEND TERM. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that MARTA has two (2) options to extend the term of this Contract for an additional term of one (1) Year each. MARTA may exercise its option to extend the term by giving Contractor written notice at least thirty (30) days prior to the expiration of the then current term.

4. SPECIAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that in the event of a conflict between the terms and conditions contained in Exhibit B and the balance of the Contract, the terms and conditions set forth in Exhibit B shall control.

5. COMPENSATION. MARTA shall only pay Contractor for the Services actually requested by MARTA’s Authorized Representative, which are timely performed by Contractor in accordance with the terms of this Contract by Contractor and actually received by MARTA. MARTA shall pay Contractor at the rate(s) set forth in Exhibit C or elsewhere in this Contract. Contractor acknowledges and agrees that the total compensation to Contractor shall not exceed . Except as set forth in Exhibit C or elsewhere in this Contract, the Contractor may bill for the Services actually requested and rendered on a monthly basis. Notwithstanding anything to the contrary contained herein, Contractor acknowledges and agrees not to submit an invoice to MARTA if the amount due is less than $500.00, unless it is the final invoice. Each invoice must contain the following information in order to be processed by MARTA: (A) Contract Number; (b) contain a description of the Services rendered; and (c) be sent or delivered in duplicate to MARTA at 2424 Piedmont Rd., Atlanta, Georgia 30324‐3330, Attention: Contracts, Procurement & Materials, Q36934. MARTA will pay each properly formatted, rendered and undisputed invoice within thirty (30) days after the later of MARTA’s receipt of the invoice (as noted above) or MARTA’s receipt and acceptance of the goods, equipment and/or services.

6. EQUAL EMPLOYMENT OPPORTUNITY AND DISADVANTAGED BUSINESS ENTERPRISES.

(a) Contract agrees comply with the terms, conditions and goals set forth in Appendix A attached hereto and incorporated herein by this reference.

(b) Contractor agrees that it will not discriminate against any business owner because of the owner’s race, color, religion, national origin, sex or physical handicap/disability in connection with the award or performance of this Contract. Contractor agrees to include the above statements in any subcontracts or subsequent agreements that it enters into and cause those businesses to similarly include the statements in subsequent agreements related to this Contract.

(c) Contractors are required to submit with their Equal Employment Opportunity (“EEO”) statistical data, as well as, Disadvantaged Business Enterprise (“DBE”) utilization commitments. This requirement pursuant to Title VII of the Civil Rights Act of 1964, Executive Order 11246 as implemented by the Department of Labor’s Office of Contract Compliance, Executive Order 11625, [Federal Transit Administration Circular 4716.1A, Federal Department of Transportation 49 CFR Part 23] and MARTA Board Policies on equal employment opportunity and DBE contracting goals.

(d) If Contractor has fifty (50) employees or more, Contractor is required to submit a copy of its affirmative action plan along with all other cited materials. The affirmative action plan shall contain, at a minimum, a utilization analysis, an analysis of any underutilization, a program of goals and timetables to correct any such underutilization, an auditing and record keeping process, internal and external EEO policy dissemination procedures and the identification and delineation of the affirmative action officer’s responsibilities.

(e) If Contractor has less than fifty (50) employees, Contractor shall provide an equal opportunity policy statement signed by the firm’s Chief Executive Officer (or its equivalent). The policy statement will indicate that the Contractor does not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. Further, the Contractor will state that it will take affirmative action to ensure that applicants are employed, and that employees are treated during their employment, without regards to race, color, religion, sex, or national origin.

7. DEFAULT; REMEDIES.

(a) Contractor shall be in default under the terms of this Contract if Contractor:

(i) fails to make any payment within five (5) days of the date such payment is due to the MARTA whether or not MARTA has provided MARTA with an invoice or written notice of the amount due or overdue;

(ii) ceases to provide any of the Services without the written consent of MARTA’s Authorized Representative or becomes permanently deprived of the rights, powers, or privileges necessary for the proper conduct thereof;

(iii) becomes insolvent or seeks the benefit of any present or future insolvency statute, makes an assignment for the benefit of any creditor, files a voluntary petition in bankruptcy, or consents to the appointment of a receiver, trustee or liquidator of any of its assets;

(iv) files a petition under any part of the federal bankruptcy laws, or an action under any present or future insolvency law or statute, or is involved in an involuntary bankruptcy filing that is not dismissed within sixty (60) days after filing;

(v) fails to keep, perform or observe any term, covenant or condition set forth in this Contract;

(vi) intentionally or willfully misrepresents any material fact to MARTA;

(vii) makes any material misrepresentation (or failed to make a full and accurate disclosure) to MARTA in the documents, questionnaires, forms or materials submitted by Contractor in response to the Request for Qualifications, Request for Proposals, Request for Quotes, Invitation to Bid, any other solicitation document or any document pursuant to which this Contract was awarded, or failed to comply with all requirements, including, without limitation, MARTA’s ethical standards and conflicts of interest policies; or

(viii) fails to pay any and all taxes and assessments required to be paid under this Contract or in the operation of MARTA’s business.

(b) If Contractor is in default, Contractor will notify MARTA in writing of the nature of the default and the time period within which to cure, if any. If Contractor, (a) where a specific time period for the cure is provided in the applicable subsection of this Contract, does not cure the default within that period, or (b) where a time period for the cure is not specifically provided in the applicable section, does not cure the default within twenty (20) days from receipt of notice from MARTA, MARTA may, without further notice to Contractor and Contractor’s sureties, if any, elect to exercise any of the following remedies:

(i) terminate all or any portion of this Contract or any of Contractor’s rights under this Contract at any time thereafter and recover from Contractor all costs, expenses, losses and damages recoverable under this Contract (including, without limitation, all reasonable costs associated with the re-procurement of the Services) or applicable law as a result thereof.

(ii) cure any default at Contractor’s cost. If MARTA at any time, by reason of Contractor’s default, pays any sum to cure any default, the sum paid by MARTA shall be immediately due from Contractor to MARTA, and shall bear interest at the rate of one and one-half percent (1.5%) per month from (or such maximum rate permissible by applicable law, if lower) the date paid by MARTA until the date MARTA is fully reimbursed by Contractor.

(iii) the right to offset against and deduct from the fees payable to Contractor (if any), any amounts due MARTA from Contractor, including, but not limited to, unauthorized or disputed expenses and liquidated damages as described herein (if any). If MARTA pays any sum or incurs any obligations or expense because of the failure, inability, neglect or refusal of Contractor to perform or fulfill any of the terms or conditions of the Contract that it is obligated to perform or fulfill, then MARTA shall have the right to deduct said expenses from Contractors fees coming due under this Contract.

(iv) exercise any and all other rights or remedies available under this Contract or at law or in equity.

8. TERMINATION FOR CONVENIENCE. MARTA shall have the right to terminate this Contract without cause at any time during the term of this Contract by giving written notice to Contractor at least thirty (30) days prior to the date such termination is to be effective.

9. EFFECT OF TERMINATION. Unless otherwise provided herein, termination of this Contract, in whole or in part and for any reason, shall not affect: (a) any liabilities or obligations of either Party arising before such termination or out of the events causing such termination; or (b) any remedies to which a Party may be entitled under this Contract, at law or in equity. Upon termination of this Contract, Contractor shall immediately: (i) discontinue Services on the date and to the extent specified in the notice; (ii) inventory, maintain and turn over to MARTA all Work Product (hereinafter defined), licenses, equipment, materials, plant, tools, and property furnished by Contractor or provided by MARTA for performance of the terminated Services; (iii) comply with all other reasonable requests from MARTA regarding the terminated Services; and (iv) continue to perform in accordance with all of the terms and conditions of this Contract any portion of the Services that are not terminated.

10. SUSPENSION OF SERVICES. MARTA may suspend at any time, by written notice to Contractor, the performance of all or any portion of the Services for any amount of time. Upon receipt of a suspension notice, Contractor must, unless the notice requires otherwise, immediately (a) discontinue suspended Services on the date and to the extent specified in the notice, (b) place no further orders or subcontracts for materials, services or facilities with respect to suspended Services, (c) cease advertising to the public as a provider of the suspended Service(s) and (d) take any other reasonable steps to minimize costs associated with the suspension.

11. MARTA’S RIGHT TO REVIEW AND REJECT. Any Service, Work Product or other document or item to be submitted or prepared by Contractor hereunder shall be subject to the review of MARTA Authorized Representative. The MARTA Authorized Representative may disapprove, if in MARTA Authorized Representative’s sole opinion, the Work Product, Service, document, or item is not in accordance with the requirements of this Contract or sound professional service principles, or is impractical, uneconomical, or unsuited in any way for the purposes for which the Work Product, Service, document, or item is intended or is deemed unsuitable for MARTA purposes by MARTA Authorized Representative. If any of the said items or any portion thereof are so disapproved, Contractor shall revise the items until they meet the approval of MARTA Authorized Representative. However, Contractor shall not be compensated under any provision of this Contract for repeated performance of such disapproved items.

12. AUDIT AND INSPECTION.

(a) Contractor will provide to MARTA, and any entity designated by MARTA, access to Contractor Employees and to Contractor’s offices and property for the purpose of performing audits and inspections of Contractor, Contractor Employees and/or any of the relevant information relating to the Services and this Contract. Such audits, inspections and access may be conducted to: (a) verify the accuracy of charges and invoices; (b) examine Contractor’s performance of the Services; (c) monitor compliance with the terms of this Contract, including, without limitation, compliance with DEO policies; and (d) any other matters reasonably requested by MARTA. Contractor shall provide, at no additional cost, full cooperation to MARTA and its designated entities in connection with audit functions and examinations by regulatory authorities. All audits and inspections will be conducted during normal business hours (except with respect to Services that are performed during off‐hours). Contractor shall promptly respond to and rectify the deficiencies identified in and implement changes suggested by any audit or inspection report.

(b) If any audit or inspection of charges, invoices or Services reveals that MARTA has overpaid any amounts to Contractor, Contractor shall immediately refund such overpayment and Contractor shall also pay to MARTA interest on the overpayment amount at the rate of one and one‐half percent (1.5%) per month (or such maximum rate permissible by applicable law, if lower) which shall begin accruing from the date the overpayment was made until the date the overpayment is refunded to MARTA by Contractor. Additionally, Contractor acknowledges and agrees that MARTA may deduct such amounts due from future invoices until all overpaid amounts (including, interest thereon) are repaid in full.

(c) Until the later of: (a) five (5) years after expiration or termination of this Contract; (b) the date that all pending matters relating to this Contract (e.g., disputes) are closed or resolved by the Parties; or (c) the date such retention is no longer required to meet MARTA’s records retention policy or any record retention policy imposed by applicable law, if more stringent than MARTA’s policy, Contractor will maintain and provide access upon request to the records, data, documents and other information required to fully and completely enable MARTA to enforce its audit rights under this Contract.

13. CONFLICTS OF INTEREST; PROHIBITED INTERESTS.

(a) Conflicts of Interest. The Contractor agrees to execute and return the Certification of No Conflict of Interest attached hereto as FORM 4 and to comply with MARTA’s Code of Ethics and Standards of Conduct (available on-line at www.itsmarta.com). Contractor shall immediately notify MARTA in writing, specifically disclosing any and all potential or actual conflicts of interests, which arise or may arise during the execution of its work in the fulfillment of the requirements of the Contract whether or not MARTA has identified such conflict of interest. MARTA shall make a written determination as to whether a conflict of interest actually exists and the actions to be taken to resolve the conflict of interest, which may include termination of this Contract or the suspension of Services.

(b) Prohibited Interests. The Contractor undertakes, represents, and warrants that none of the following persons, during his tenure or for one year thereafter, has or will have any interest, direct or indirect, in the Contract or in any part of the proceeds hereof: members of MARTA's Board of Directors; officers or employees of MARTA (or former employees of MARTA who within the preceding twelve month period have been a MARTA employee), or of any representative of MARTA in the administration of the Contract; members of or delegates to the United States Congress or to the Georgia legislature; and members of the governing body, and all other officers or employees of MARTA, City of Atlanta or the Counties of Clayton, Cobb, DeKalb, Fulton or Gwinnett, Georgia.

14. INSURANCE REQUIREMENTS. Contractor shall comply with the insurance and bonding requirements set forth on Exhibit D. Contractor further agrees that its obligation to indemnify and hold harmless MARTA Indemnitees will not be limited to the limits or terms of Contractor’s liability insurance, if any, required under this Contract.

15. INDEMNIFICATION. Contractor shall indemnify and hold MARTA, its agencies and its and their respective officers, directors, employees, advisors, and agents, successors and permitted assigns (collectively, the “MARTA Indemnitees”) harmless from any losses, liabilities, damages, demands and claims, and all related costs (including, without limitation, reasonable legal fees and costs of investigation, litigation, settlement, judgment, interest and penalties) arising from claims or actions based upon:

(a) Contractor or Contractor’s subcontractors, agents or employees’ performance, non-performance or breach of this Contract;

(b) any actual, alleged, threatened or potential violation of any applicable laws by Contractor or Contractor’s subcontractors, agents or employees, to the extent such claim is based on the act or omission of Contractor or any person acting for, in the name of, at the direction or supervision of or on behalf of Contractor;

(c) death of or injury to any individual caused, in whole or in part, by the tortious conduct of Contractor or any person acting for, in the name of, at the direction or supervision of or on behalf of Contractor; and

(d) damage to, or loss or destruction of, any real or tangible personal property caused, in whole or in part, by the act or omission of Contractor or any person acting for, in the name of, at the direction or supervision of or on behalf of Contractor.

16. LIMITATION OF LIABILITY. THE MAXIMUM AGGREGATE LIABILITY OF MARTA HEREUNDER IS LIMITED TO THE TOTAL OF ALL FEES ACTUALLY PAID DURING THEN CURRENT YEAR UNDER THE CONTRACT. MARTA WILL NOT BE LIABLE OR RESPONSIBLE TO CONTRACTOR FOR ANY LOSS(ES), DAMAGE(S) OR EXPENSE(S) THAT CONTRACTOR MAY SUSTAIN OR INCUR IF EITHER THE QUANTITY OR CHARACTER OF SERVICES TO BE PROVIDED BY MARTA, IF ANY, IS CHANGED OR IS NO LONGER AVAILABLE OR IS NO LONGER SUITABLE FOR CONTRACTOR’S REQUIREMENTS. MARTA WILL NOT BE LIABLE OR RESPONSIBLE TO CONTRACTOR FOR ANY LOSS(ES), DAMAGE(S) OR EXPENSE(S) ARISING OUT OF, RESULTING FROM, RELATING TO OR CONCERNING, DIRECTLY OR INDIRECTLY, ACTS OF TERRORISM, INCLUDING, BUT NOT LIMITED TO, LOSS(ES), DAMAGE(S) OR EXPENSE(S) SUSTAINED OR INCURRED BY CONTRACTOR AS A RESULT OF:

(a) A CHANGE IN MARTA’S OR CONTRACTOR’S BUSINESS RESULTING FROM SUCH TERRORIST ACTS;

(b) THE ENACTMENT OF LAWS RESPONDING TO OR CONCERNING TERRORIST ACTS; OR

(c) ANY OTHER DETRIMENTAL EFFECT UPON CONTRACTOR OR ITS BUSINESS RESULTING FROM SUCH TERRORIST ACTS.

17. WORK PRODUCT.

(a) Except as otherwise expressly provided in this Contract, all reports, information, data, specifications, computer programs, technical reports, operating manuals and similar work or other documents, deliverables, and other work product prepared or authored by Contractor or any of its subcontractors for MARTA under this Contract, and all intellectual property rights associated with the foregoing items (collectively, the “Work Product”) shall be and remain the sole and exclusive property of MARTA. Any of Contractor’s or its subcontractors’ works of authorship comprised within the Work Product (whether created alone or in concert with MARTA or a third party) shall be deemed to be ‘works made for hire’ and made in the course of rendering Services and, whether pursuant to the provisions of Section 101 of the U.S. Copyright Act or other applicable law, such Work Product shall belong exclusively to MARTA. Contractor and its contractors grant MARTA a non‐exclusive, perpetual, worldwide, paid‐in‐full, royalty‐free license to all Work Product not exclusively developed for MARTA under this Contract.

(b) If any of the Work Product is determined not to be a work made for hire, Contractor assigns to MARTA, worldwide and in perpetuity, all rights, including proprietary rights, copyrights, and related rights, and all extensions and renewals of those rights, in and to the Work Product. If Contractor has any rights to the Work Product that cannot be assigned to MARTA, Contractor unconditionally and irrevocably waives the enforcement of such rights and irrevocably grants MARTA (during the term of such rights) an exclusive, irrevocable, perpetual, transferable, worldwide, fully paid and royalty‐free license, with rights to sublicense through multiple levels of sub‐licensees, to reproduce, make, have made, create derivate works of, distribute, publicly perform and publicly display by all means, now known or later developed, such rights.

(c) MARTA shall have the sole and exclusive right to apply for, obtain, register, hold and renew, in its own name or for its own benefit, all patents, copyrights, applications and registrations, renewals and continuations and all other appropriate protection.

(d) To the extent exclusive title or complete and exclusive ownership rights in any Work Product created by Contractor Employees may not originally vest in MARTA by operation of applicable law, Contractor shall, immediately upon request, unconditionally and irrevocably assign, transfer and convey to MARTA all rights, title and interest in the Work Product.

18. CONTRACTOR REPRESENTATIONS AND WARRANTIES. As of the Effective Date and continuing throughout the Term, Contractor represents and warrants to MARTA that:

(a) Authority. Contractor is duly incorporated or formed, validly existing and is in good standing under the laws of the state in which it is incorporated or formed, and is in good standing in each other jurisdiction (including, without limitation, the State of Georgia) where the failure to be in good standing would have a material adverse effect on its business or its ability to perform its obligations under this Contract. Contractor has all necessary power and authority to enter into and perform its obligations under this Contract and within the State of Georgia, and the execution and delivery of this Contract and the consummation of the transactions contemplated by this Contract have been duly authorized by all necessary actions on its part. This Contract constitutes a legal, valid and binding obligation of Contractor, enforceable against it in accordance with its terms. No action, suit or proceeding in which Contractor is a party that may restrain or question this Contract or the provision of Services by Contractor is pending or threatened.

(b) Professional Standards. The Services will be performed in a professional and workmanlike manner in accordance with the best industry standards and the professional standards used in well managed operations similar to the Services.

(c) Materials and Equipment. Any equipment or materials provided or used by Contractor shall be of merchantable quality and fit for the purposes for which they are intended. Further, Contractor shall maintain any equipment or materials provided or used by Contractor in good working order, in compliance with the best industry practices, all applicable laws and the Scope of Work.

(d) Intellectual Property Rights. None of the processes or procedures utilized by Contractor to fulfill its obligations hereunder, nor any of the materials and methodologies used by Contractor in fulfilling its obligations hereunder, nor any of the Services shall infringe any third party’s intellectual property rights or privacy, publicity or other rights.

19. GEORGIA OPEN RECORDS ACT. Information provided to MARTA is subject to disclosure under the Georgia Open Records Act, as amended from time to time (“GORA”). PURSUANT TO O.C.G.A. § 50‐18‐72(A)(34), an entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10 [O.C.G.A § 10‐1‐760 et seq.].

20. ILLEGAL IMMIGRATION REFORM AND ENFORCEMENT ACT. This Contract is subject to the Illegal Immigration Reform and Enforcement Act of 2011 (“Act”). Pursuant to Act, Contractor must actively participate in the E‐Verify Program established by the United States Department of Homeland Security to verify the work authorization status of Contractor’s employees for the duration of this Contract. For the entire Term of this Contract, Contractor must comply with the Act (O.C.G.A. 13‐10‐ 90 et seq.), as it may be amended from time to time, including but not limited to, obtaining affidavits from Contractor’s subcontractors and sub‐subcontractors demonstrating their participation in the E‐Verify Program for the duration of their contract with Contractor. Contractor shall further include the obligation to obtain affidavits demonstrating E‐Verify participation in its subcontracts with all of Contractor’s subcontractors and sub‐subcontractors that perform all or part of the Services in this Contract.

It is not the intent of this section to provide detailed information or legal advice concerning the Act. Contractor is responsible to independently appraise itself of and comply with the requirements of the Act and to assess its effect on MARTA contracts and its participation in those contracts. For additional information on the E‐Verify program or to enroll in the program, go to https://e‐verify.uscis.gov/enroll.

21. GENERAL.

(a) Notices. Any notices required or permitted by this Contract shall be in writing and sent to the respective Party at the address on page one (1) of this Contract, and if to MARTA, a copy to the head of Contracts, Procurement & Materials at 2424 Piedmont Road NE, Atlanta, Georgia, 30324, and shall be deemed delivered: (a) when delivered by hand or courier or by overnight delivery with signature receipt required; (b) when sent by facsimile with a copy sent by another means specified in this Section; or (c) three (3) days after the date of mailing by United States certified mail, return receipt requested with all postage prepaid. Any Party may change its address for communications by notice in accordance with this Section.

(b) Waiver. Any waiver by either Party or failure to enforce their rights under this Contract shall be deemed applicable only to the specific matter and shall not be deemed a continuing waiver or failure to enforce any other rights under this Contract, and this Contract shall continue in full force and effect as though such previous waiver or failure to enforce any rights had not occurred. No supplement, modification, amendment, or waiver of this Contract will be binding on MARTA unless executed in writing by MARTA’s Authorized Representative.

(c) Assignment. Neither this Contract, nor any rights or obligations under it, may be assigned, encumbered, licensed or subcontracted in any manner by Contractor without the prior written consent of MARTA’s General Manager (or his/her designee), and any attempt to do so without such written consent shall be void ab initio. MARTA’s General Manager (or his/her designee) may grant or deny consent to assign, subcontract, license or encumber this Contract or the Services in his/her sole discretion.

(d) Severability. In the event that any provision of this Contract is declared invalid, unenforceable or unlawful, such provision shall be deemed omitted and the remainder of this Contract shall not be affected and shall continue to be enforceable to the greatest extent under applicable law. Any provision of this Contract which contemplates performance or observance subsequent to any termination or expiration of this Contract or which must survive in order to give effect to its meaning, shall survive the expiration or termination of this Contract.

(e) Independent Contractor. Contractor is an independent contractor of MARTA and nothing in this Contract shall be deemed to constitute Contractor and MARTA as partners, joint venturers, or principal and agent, or be construed as requiring or permitting the sharing of profits or losses. Neither party has the authority to represent or bind or create any legal obligations for or on behalf of the other party.

(f) Entire Contract. This Contract and any exhibits or addenda attached hereto or referenced herein shall comprise the entire agreement of the parties relating to the subject matter hereof and supersedes all previous communications, representations, or agreements (oral or written) between the parties with respect to such subject matter. This Contract may only be amended or modified by a writing executed by each party’s authorized representative and each such writing shall be deemed to incorporate all of the Contract Documents, except to the extent that MARTA is authorized under this Contract or applicable law to issue unilateral changes to this Contract. CONTRACTOR MAY NOT UNILATERALLY AMEND OR MODIFY THIS CONTRACT BY INCLUDING PROVISIONS IN ANY BUSINESS FORMS, WHICH SHALL BE DEEMED OBJECTED TO BY MARTA AND OF NO FORCE OR EFFECT. No presumption of any applicable law relating to the interpretation of contracts against the drafter shall apply to this Contract.

(g) Gender, Exhibits and Attachments and Time. Words of any gender used in this Contract shall be held and construed to include any other gender and words in the singular number shall be held to include the plural, unless the context otherwise requires. All exhibits, appendices, attachments, riders and addenda referred to in this Contract are incorporated into this Contract and made a part hereof for all intents and purposes. Time is of the essence with regard to each provision of this Contract. If Contractor is other than a natural person, Contractor shall deliver to MARTA such legal documentation as MARTA may request to evidence the authority of those signing this Contract to bind Contractor.

(h) Suspension of Work during Alerts Issued under the National Terrorism Advisory Service (NTAS). When the Secretary of Homeland Security announces an alert under the National Terrorism Advisory Service (NTAS), whether such alert is issued publically or otherwise, MARTA shall have the right to suspend or delay completion of work under this Agreement and take additional action as MARTA deems necessary to secure MARTA's facilities as follows:

(i) Elevated Threat Alert: MARTA shall have the right to delay or suspend work, as determined in its sole discretion, monitor all work areas and Contractor's personnel and equipment entering work areas until such alert expires.

(ii) Imminent Threat Alert: MARTA shall have the right to suspend all work, as determined in its sole discretion, and to restrict or deny access to work areas until such alert expires. MARTA shall provide notice to Contractor, as soon as is practicable, of the receipt of a NTAS Alert and the effect such alert will have upon the work of Contractor. To facilitate the provision of such notice, Contractor is required to provide MARTA with emergency contact information in the form of cell phone numbers, facsimile numbers and e‐mail addresses to which such notices may be forwarded, and to keep said numbers current. Notice or attempted notice given to the most recent points of contact shall be deemed to be sufficient notice to Contractor that work shall be delayed or suspended in accordance with this paragraph. In the event of any such delay or suspension of work required under this paragraph, Contractor shall be entitled to additional compensation under this Agreement. In the event of a delay or suspension, the part of the Phase II Project affected by the delay or suspension shall be extended for a period equal to the delay or suspension plus a period, if any, that in the opinion of Contractor, following consultation with MARTA and the FTA, is necessary for Contractor and MARTA to carry out the Phase II Project.

Should the Federal Transit Administration (“FTA”) or the Secretary of Homeland Security adopt a different method of identifying threats to homeland security, or if the FTA or the Secretary of Homeland Security adopt rules binding upon the Authority for the suspension of work which differ from those set forth herein, the parties hereto agree to modify this Agreement by written agreement of the parties to reflect such changes.

(i) Drug‐Free Workplace Policy. Contractor acknowledges that pursuant to the Federal Drug‐Free Workplace Act of 1989, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on MARTA property or in the performance of any of the Services. The Federal government published 49 CFR Part 32, "The Drug‐Free Workplace Act of 1988", which required the establishment of drug‐free workplace policies and the reporting of certain drug‐related offenses to the FTA. MARTA maintains compliance with this Act and all personnel conducting business on MARTA property are subject to MARTA's drug‐free workplace policy guidelines.

(j) Identification of Personnel Security. The Contractor acknowledges and agrees that MARTA may at any time require the Contractor to provide (at Contractor’s sole expense) personnel who enter upon MARTA’s property with distinctive identification badges showing the employer’s name, employee’s name, employee’s photograph, employee’s job title, and any employee identification number assigned to such employee by Contractor. All of Contractor’s personnel shall display these badges prominently upon their persons while on MARTA property. MARTA will only allow properly certified personnel of the Contractor on MARTA’s property. MARTA shall have the right to require Contractor to conduct background checks on the Contractor’s employees and to remove from MARTA’s property any employee MARTA considers incompetent, careless, or who constitutes a security risk or safety hazard. The Contractor’s personnel must have all appropriate documentation, as determined by MARTA’s project manager, on their person to gain access to MARTA’s property.

(k) Usufruct. To the extent MARTA granted Contractor the right to use any real property owned by MARTA, all of Contractor’s rights hereunder constitute a usufruct, which is not subject to levy or sale. No estate shall pass out of MARTA.

(l) Attorneys’ Fees. If MARTA should bring any action under this Contract, then Contractor agrees in each and any such case to pay to MARTA all costs, including, but not limited to, court costs and reasonable attorneys’ fees, incurred by MARTA in connection therewith.

(m) Governing Law. This Contract shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice of law principles. The Parties hereby submit and consent to the exclusive jurisdiction of the Superior Courts of Fulton County, Georgia or in the United States District Court for the Northern District of Georgia and irrevocably agree that all actions or proceedings relating to this Contract will be litigated in such courts, and each of the Parties waives any objection which it may have based on improper venue or forum non conveniens to the conduct of any such action or proceeding in such court.

(n) Force Majeure. Neither Party shall be deemed to be in breach of this Contract by reason of a failure to perform any of its obligations hereunder to the extent that such failure is caused by strike or labor troubles, unavailability of materials or utilities, riots, rebellion, terrorist attack, insurrection, invasion, war, action or interference of governmental authorities (other than MARTA), acts of God, or any other cause whether similar or dissimilar to the foregoing which is reasonably beyond the control of the Parties (collectively “Force Majeure Event”). If either Party claims the occurrence of a Force Majeure Event, such Party must promptly give notice to the other of the existence of such Force Majeure Event, the nature and extent thereof, the obligation hereunder affected thereby and the actions to be taken to abate or terminate such event. In no event shall the failure to pay any amount (or have the ability to pay any amount) be deemed a Force Majeure Event under this Contract.

(o) Use of MARTA’s Name. The Contractor shall not refer to MARTA or use MARTA's name for purposes of advertising or public relations without MARTA's prior written consent, which may be granted or withheld in MARTA’s sole discretion. Any such reference or use shall be strictly factual, and shall not in any way imply that MARTA endorses Contractor or the services Contractor provides.

22. Execution of Contract. This Contract will not become binding on MARTA and MARTA will incur no liability under it until it has been duly executed by Contractor, returned to MARTA with all required submittals, including insurance and bonding, executed by MARTA’s authorized signatory and delivered to Contractor.

(Signature Page Follows)

(Remainder of Page Intentionally Left Blank)

IN WITNESS WHEREOF, the Parties, by and through their authorized representatives, have executed this Contract as of the Effective Date.

MARTA: METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

Print Name:

Title:

Approved as to legal form:

COUNSEL:

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

CONTRACTOR:

______, a ______

Print Name:

Title:

EXHIBIT A SCOPE OF WORK PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS RFQ NUMBER Q36934

1. GENERAL

The Contractor shall provide services as required and needed to eliminate and pre- vent pests on MARTA’s buses, rail cars, and mobility vans. See Attachment A, Ser- vice Locations, which lists MARTA locations to be serviced under this Contract. Pests include, but are not limited to: roaches, silverfish, ants, fleas, rodents (mice and/or rats) crickets, millipedes, centipedes, and flies (all types) on the interior as re- quired or requested.

2. GENERAL REQUIREMENTS

a) The Contractor must be licensed in the handling and disbursement of pesticides in accordance with all applicable Federal, State and local government guidelines.

b) The Contractor shall furnish all supervision, products, materials, equipment, equipment operators and transportation to perform the services at no added cost to MARTA. Contractor’s equipment may include, but is not limited to, back pack sprayers, ladders, lifts, etc.

c) Contractor shall re-treat any treated area found to be infested by pests and in- sects within seventy-two (72) hours of notification via email, telephone or any oth- er available method from the Contract Inspector or their designee, at no additional cost to the Authority.

d) Contractor shall treat all buses, rail cars and mobility vans at least once every calendar quarter, (i.e., January - March, April - June, July - September and Octo- ber - December of each year), such that every bus, rail car and mobility van re- ceives at least four (4) pest control treatments a year.

3. CONTRACTOR’S RESPONSIBILITIES

a) Contractor shall perform all services as specified in the Scope of Work. This work includes pest control services to be performed during the day, at night and on the weekends.

b) Contractor’s technicians shall be experienced in applying pesticides, preventative maintenance and elimination of pests. Supervisors shall be properly trained and licensed, and all personnel are to conduct work in a professional manner.

c) The Contractor’s employees performing the work of this Contract must hold a Georgia Pesticide Contractor’s License, as defined by the State of Georgia. The Authority requests Quoters to furnish proof of licensure by providing a copy of the licenses or cards of employees that will be assigned to this Contract with the quo- tation documents. If proof of licensure is omitted or if the information is inade- quate, the Authority may require that additional information be submitted after the Quote Opening and before an award is made.

d) Contractors shall ensure that insecticides, pesticides, and rodenticides used are the most suitable and effective for each situation at the time of treatment.

e) Contractor shall be responsible for instructing all Contractor personnel in appro- priate safety measures. Contractor personnel shall perform their work in such a manner as not to endanger the safety of MARTA patrons or the general public.

4. SCHEDULE

a) Contractor shall provide a written monthly schedule outlining the services that will be rendered. The schedule shall be submitted to the Contracting Officer’s Tech- nical Representative (COTR) or designee on the first business day of each month of the year.

b) Contractor shall notify the COTR via fax of scheduled work not completed or changes in the work schedule. Schedule may also be submitted by email.

c) Contractor shall throughout the contract term perform emergency service for rail cars, buses and mobility vans within two (2) hours of notification by the authority by email or telephone. Emergency services will be occasioned upon report of live infestation on any rail car, bus, or mobility van at any time during the contract term. In the event of lice infestation, the rail car, bus or mobility van may be re- moved from revenue service. Emergency treatment shall consist of whatever safe method the Contractor considers most effective under the circumstances but shall adhere to the Authority’s safety procedures at all times.

5. CENTRAL ANSWERING

The Contractor shall maintain an answering service on a 24-hour basis. The Techni- cians shall maintain a cellular telephone to communicate with the Inspectors and Con- tract Administrator as needed. Contractor shall provide the Contract Administrator with the telephone number at which the Contractor can be contacted 24-hours a day, 365- days a year, and the Contractor must acknowledge all telephone calls within two (2) hours of contact or within two (2) hours after messages are left for the contractor.

6. PHOTO ID BADGES

a) The Contractor shall obtain from the Authority a MARTA Contractor Badge for each employee, who shall wear the badge at all times while on the Authority’s property to perform the work. All badges shall be returned to the Authority upon contract completion, or upon demand. MARTA Contractor Badges may be ob- tained from the Authority at no cost to the Contractor. The application form (Appli- cation for Access to MARTA Facilities) required for obtaining badges will be issued by contacting the Contract Inspector or their designee.

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b) The Contractor must keep an updated list that shows each employee who has re- ceived a MARTA photo ID badge. Submit the list monthly to the Authority with the monthly invoice. The list shall include the employee’s name and employee’s em- ployment status.

c) The Contractor will be charged $50 for each photo ID badge, not returned to the Authority. These monies may be collected by reducing any subsequent invoice by this amount or by invoicing the Contractor the total amount owed, at the Authority’s discretion.

7. COST ASSESSMENT

a) In the event of unsatisfactory work or non-performance of scheduled work by the Contractor, the Authority shall be entitled to cost assessed as set forth below. The Contractor agrees and acknowledges that the assessed cost does not consti- tute a penalty.

b) In the event the Contractor fails to perform pest control services after work has been scheduled, the Authority will assess costs in the amount of $50.00 per oc- currence per location.

c) The Authority may deduct the amount of the cost assessed from any monies oth- erwise due, or that may otherwise become due, to the Contractor, or if such mon- ies due the Contractor are insufficient, the Authority may charge and recover cost assessed, or the balance of the cost assessed, from the Contractor.

8. ALERTNESS ASSURANCE PROGRAM. To reduce fatigue and to lessen the potential for occurrence of accidents, the Authority has instituted an Alertness Assurance Pro- gram. Requirements for the program are outlined below:

a) The Contractor must prohibit its employees or subcontractor(s) from working more than sixteen (16) hours straight (excluding shift turnover time).

b) The Contractor must allow its employees or subcontractor(s) eight (8) consecutive hours of time off within a twenty-four (24) hour period.

c) The Contractor must prohibit its employees or subcontractor(s) from working more than sixteen (16) hours in any twenty-four (24) hour period.

d) The Contractor must prohibit its employees or subcontractor(s) from working more than six (6) days per week.

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9. MATERIAL SAFETY AND DATA SHEETS.

The Contractor must submit Specimen labels and Safety Data Sheets (SDS) for all pesticides to be applied under this Contract, upon request.

10. ENVIRONMENTAL HEALTH AND SAFETY.

a) All applications of pesticides under this Contract, including but not limited to insec- ticides and rodenticides, must be performed in strict compliance with applicable federal and state regulations. All pesticides applied under this Contract must be registered by the Georgia Department of Agriculture and United State Environmen- tal Protection Agency (USEPA), and used in strict compliance with all label re- quirements. Vehicles treated with pesticides must air out or ventilate at least thirty (30) minutes after treatment.

b) All work shall comply with all applicable federal and state safety and health regula- tions and industry standards.

i. Where there is a conflict between applicable requirements, the most stringent will apply.

ii. Contractor shall assume full responsibility and liability for compliance with all applicable regulations pertaining to the health and safety of per- sonnel during execution of the work.

c) Applications of restricted use pesticides and highly toxic pesticides (those pesti- cides with label signal word "DANGER") may only be used with written permission from the Contract Administrator for the service location (Attachment A, Service Lo- cations). To request approval, the Contractor must describe in writing the applica- tion, the pesticide to be used (with sample label and SDS), the reason for using that specific pesticide, and the intended scope of the application, including the lo- cations and the frequency of application. Chemicals not listed in the scope of work or proposed as substitutes must be approved by MARTA’s Environmental Safety Engineer using Attachment C – Questionnaire to Request New Chemical Product, attached hereto.

d) No pesticides, application equipment, empty containers, or other Contractor ma- terials may be left or stored on Authority owned or occupied property.

e) No pesticide or rinsate may be disposed of on Authority owned or occupied property.

f) The Contractor shall remove any unused chemicals, wastes, and contaminated materials from the site and dispose of them in accordance with labeling, SDS, and all local, state and federal regulations.

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g) Reference Documents:

i. Georgia Pesticide Control Act of 1976. ii. Rules of Georgia Department of Agriculture - Pesticide Use and Application, Chapters 40-21-02 through 40-21-09. iii. Federal Insecticide, Fungicide and Rodenticide Act. iv. Code of Federal Regulations (CFR) Title 40, Subchapter E; Pesticide Programs. v. Code of Federal Regulations (CFR) Title 29, Part 1910; Occupational Safety and Health for General Industry.

h) The Authority has Environmental Management Systems in place at the Laredo Bus Maintenance Facility and the Armour Yard Rail Maintenance Facility. The Contractor shall inform field employees that these facilities operate under an En- vironmental Management System. Contractor personnel providing services at La- redo and Armour Yard must complete the acknowledgement forms located in “At- tachment D”, Laredo and Armour Yard Environmental Management System Con- tractor Awareness, attached hereto, and return them to the Contract Administra- tor prior to service.

11. REQUIREMENTS – RAIL CARS

a) The number of rail cars to be serviced under this Contract shall be approximately 318 cars per Quarter during the contract term. The rail cars are stored at three (3) Rail Yard locations listed in Attachment A, Service Locations.

b) Prior to using any product in the Authority's rail cars, Contractor shall furnish the Contract Administrator and Contract Inspector with a written statement of conduc- tivity and flash point characteristics of the product, and shall obtain approval from the Contract Administrator or Contract Inspector or their designee prior to such use.

c) Preventive Pest Control Services for rail cars shall be performed only during the hours of 12:01 A.M. through 4:30 A.M. The rail cars at the South Yard shall be serviced during the 1st month of each Quarter. The rail cars at the Avondale Yard shall be serviced during the 2nd month of each Quarter. The rail cars at the Ar- mour Yard shall be serviced during the 3rd month of each Quarter. MARTA’s Contract Inspector or designee will coordinate and approve the work schedule, and will escort the Contractor’s personnel during the performance of service. Each rail yard may take several days, but not more than a week (seven (7) calen- dar days), to complete treatment of all trains at each location.

d) Treatment requirements are listed in Section 13 below.

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e) The Contract Inspector or designee will monitor and verify service for each rail yard.

f) Contractor's technician and the Contract Inspector or designee shall notify the Yard Tower when they arrive at the rail yard, and the Contract Inspector or designee will be assigned to accompany the technician on the rail cars. The Contract Inspector or designee will help with getting into any needed panels or removing seats if needed for treatment.

12. REQUIREMENTS – BUSES AND MOBILITY VANS

a) The number of buses and mobility vans to be serviced under this Contract shall be approximately 528 MARTA buses and 188 MARTA Mobility vans at the locations listed in Attachment A, Service Locations.

b) The Contract Inspector or designee will monitor and verify service for each bus garage and the mobility garage.

c) Contractor's technician and the Contract Inspector or designee shall notify the Foreman on duty when they arrive at the garage, and the Contract Inspector or designee will be assigned to accompany the technician on the yard. The Contract Inspector or designee will help with getting into any needed panels or removing seats if needed for treatment.

d) Preventive Pest Control Services for buses and mobility vans shall be performed only during the hours of 8:00 p.m. through 4:00 a.m. The buses at Perry Boule- vard Garage shall be serviced during the 1st month of each Quarter. The buses at Laredo Drive Garage shall be serviced during the 2nd month of each Quarter. The buses at Hamilton Boulevard Garage shall be serviced during the 3rd month of each Quarter. The mobility vans at Brady Avenue Garage shall be serviced during the months of April and October of each year. Each garage may take several days, but not more than a week (seven (7) calendar days), to complete treatment of all buses at each location.

e) The buses at Brownsmill Garage must be completed quarterly between the hours of 4:00 p.m. and 6:00 p.m. The Contract inspector or their designee will arrange the date each Quarter with the Contractor.

f) Treatment requirements are described in Section 13 below.

13. TREATMENT REQUIREMENTS

Inspection & Documentation:

a) A thorough, detailed inspection is required to put the pest management program on the right track from the beginning. In this inspection, the Contractor will identi-

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fy any signs of pest infestation, food or water sources, harborage areas, cracks, crevices, or entry points for pests. From the information gathered the Contractor will develop a custom service plan and a documentation program. The documen- tation plan shall include all information related to the specifics of the service work. A Log Book must be provided for each garage with proper documentation for MARTA’s needs, and will be the on-site sources for the labels, Material Safety Data Sheets (MSDS), vehicle plans, site plans, service records, pest activity trend reports and other reports that are completed. A bar code system must be installed for each bus and train for tracking. Trains, buses, and Mobility vehicles will be bar coded allowing for Desk Top Accountability on every service issue. This series of documents provides for the collective “pest history” of the account. b) The documentation must have the ability to provide a wide range of options for communication, documentation and reporting by having the service data availa- ble in electronic format including Automated E-Alerts to all management person- nel deemed necessary by MARTA as listed below:

I. Report Frequency: Day of Service, Monthly, Annually, Always available online II. Report Format: Microsoft Excel, Adobe PDF, Web-based data III. Report Options: Ability to track over time, Ability to sort

Available Report Information from Customer Portal:

I. Activity, Noted Area treated II. Structural and sanitation conditions III. IPM Specialist recommendations IV. Material(s) used V. Scheduled frequency of service VI. Quantity of material(s) used VII. Time in and time out VIII. Location(s) and technique(s) of application(s) IX. Missing/damaged/replaced rodent equipment X. Target pest(s) treated

USEPA Approved Chemicals used:

I. Gentrol IGR concentrate II. Boric insecticide III. 565 plus XLO IV. Max Force Magnum gel V. Arilon insecticide.

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14. SERVICE EXPECTATIONS

a) Track and document service for each rail car, bus and mobility van.

b) Flushing of cracks and crevices is essential using 565 plus XLO (or equivalent) throughout the bus/van/rail car such as cracks in wall panels, floor panels, wire chases (where wires are not exposed), and cracks between floor and equipment (this will be applied with straw applicator tip so that it applies directly into the cracks). Also minor flushing of enclosed voids such as seatbelt housings and floor voids (this would not be applied into cracks or voids where electronics are exposed).

c) Contractor shall remove any roaches or pests that are killed during flushing. Con- tractor must have commercial vacuum equipment available for removal of any in- sects, alive or killed, during flushing or in the treatment process in general.

d) Application of Gentrol IGR concentrate or equivalent into cracks and crevices on floor level (this would be applied only directly into cracks using a hand sprayer or other low-pressure compressed air sprayer with straw applicator tip). Area will not require cleaning afterward because application will only be inside cracks and inaccessible to people or pets. If there happens to be any pesticide on exposed surfaces it will be cleaned by wiping at time of application, and contaminated ma- terials used for cleaning will be removed from site and disposed of according to label directions by the Contractor.

e) Application of Arilon (or equivalent) insecticide directly into cracks and crevices on floor level.

(Safety Note: this would only be applied directly into cracks using a hand sprayer or other low-pressure compressed air sprayer with straw applicator tip). Area will not require cleaning afterward because application will only be inside cracks and inaccessible to people or pets. If there happen to be any pesticide on exposed surfaces it will be cleaned by wiping at time of application, and contaminated ma- terials used for cleaning will be removed from site and disposed of according to label directions by the Contractor.

f) Light applications of boric insecticide dust will be applied directly into accessible enclosed voids of walls (not to be applied above seat level), and floor. Insecti- cide dust will not be applied in panels or voids that would regularly be accessed for maintenance or for other reasons, such as motor housings, or electrical pan- els.

g) Application of Max Force Magnum (or equivalent) cockroach gel inside cracks of walls, between floor and walls, and underneath seats (if needed). Will also apply in enclosed electrical panels, seatbelt housings, storage bins, and motor hous-

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ings where needed. It will be applied in a way that is not visible to the public and not easily accessible to children or pets.

h) Document application details and service findings for each bus/rail car/mobility van. The contractor shall remove any unused chemicals, wastes, and contami- nated materials from the site and dispose of them in accordance with labeling, Material Safety Data Sheets and all local, state, and federal regulations.

i) Air out or ventilate the bus or rail car or mobility van for at least 30 minutes after treatment. Clean contact surfaces such as seats, handrails and poles by wiping surfaces.

j) In accordance with labeling on products used in this Contract by the Contractor, no clear time is required on crack and crevice applications. However, as a pre- cautionary measure, a 30-minute clear time for each bus, mobility van, or rail car is recommended. Further, all rail cars, buses or vans will be turned off during treatment and clear time, and all ignition sources removed from the work area prior to application, with no re-introduction allowed until after 30-minute recom- mended clear time.

k) In the event of spilled chemicals to ground surfaces, drains, waterways or other uncontrolled releases, Contractor will notify MARTA’s Office of Safety immediate- ly and proceed with clean up in accordance with labeling, Material Safety Data Sheets and all local, state, and federal regulations.

15. REQUEST FOR APPROVED EQUALS.

a) Quoters are requested to submit approved equal products with their quotation documents that are at least equal in quality and has the characteristics required for the purposes intended. The products listed in Scope of Work, Section 13. Treatment Requirements are the known acceptable products for the type and quality of products the Authority requires. The listed products should be used as a model for this purpose.

b) Each request for an approved equal pertaining to a specified product requirement in the Scope of Work, Section 13. Treatment Requirements should be accompa- nied by a completed “Request for Approved Equals” Form, a sample of which is identified as “Form 8”. If the form is omitted or if the information furnished is in- complete or inadequate, the Authority may require that additional information be submitted after the quotation deadline and before an award is made.

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16. WAYSIDE ACCESS AND TRAINING.

a) All work will be performed in accordance with the Authority’s Wayside Access Procedure, No. 10.3.51 contained herein as Attachment B. All personnel working on wayside must receive the mandatory MARTA Wayside Access and Safety Cer- tification before beginning work. Training shall be coordinated with the Contract Administrator and conducted after the award of the Contract.

b) Wayside Safety: Some work shall be performed in the vicinity of high voltage; therefore, the Contractor shall attend Wayside Safety Training Level 1, in which MARTA will provide the training. Before entering any safety-sensitive or restricted areas, the Contractor must be accompanied by a MARTA employee.

c) The Contractor shall observe any of the Authority’s restrictions and restricted are- as while on its premises and comply with all precautions and procedures required by MARTA.

d) The Contractor shall wear Authority provided safety vests and Wayside Badge when in restricted areas.

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ATTACHMENT A PEST CONTROL SERVICES FOR BUSES, RAIL CARS AND MOBILITY VANS IFB B36934

Location Est. Qty. Armour Yard Rail Cars 500 Plasamour Drive 100 rail cars Atlanta, GA $outh Yard Rail. Cars 2126 West Point Avenue 11 0 rail cars Colleg~ Park, GA Hamilton Boulevard Garage 3385 Hamilton Boulevard 152 buses Atlanta, GA Avondale Yard Rail Cars 2775 E. 108 rail cars Decatur, GA • Laredo Drive Garage 277 Laredo Drive 233 buses Decatur, GA Perry Boulevard Garage 1600 Perry Boulevard 143 buses Atlanta, GA Brady Avenue Paratransit Garage 1040 Brady Avenue 188 Mobility Vans Atlanta, GA STANDARD ISSUE DATE SOP NO. Page 1 of 52 OPERATING 2-20-2013 10.3.51 marta PROCEDURE

TITLE: Wayside Access Procedure

ISSUING DEPARTMENT: Rail Operations and Development, Office of Maintenance of Way

PREPARED BY: Wayside Access Committee

APPROVED BY: Garry K. Free ~~Director,~~ Maintenance~--~~ of Way------

David M. Springstead Senior Director , Rail Systems Engineering Joseph J. Erves ~--=:.;::::-¥--"-"",,,--=~ ?iI~111 Director, Rail Car Maintenance 1-tale

John M. Weber Director, Rail Transportation ~:c:.t;=~~C;;;;;~3~ f,jL3

Georgetta Gregory AGM, Safety and Quality Assurance Richard Krisak ChIef Operating Officer Signature ••

I. General A. Scope This procedure applies to all persons who go wayside for any reason. It is applicable during revenue service and during non-revenue times. This procedure also recognizes and sanctions the need for employees to go wayside in emergency situations. Such .instances are expected to be rare, ~nd employees must understand that they.are individually responsible· for their own safety when they act during an emergency, i.e. events that threaten life; property, or causes significant service disruptions. B. Purpose MARTA's primary concern is the safety of its employees, customers, and contractors. This safety is achieved through the proper inspection and preventive maintenance of its infrastructure and wayside equipment. This procedure provides controls necessary to gain safe, efficient, and proper access to the wayside to perform this maintenance. C. Definitions A complete Glossary of Terms is provided in Appendix 4. D. Responsibilities A table of roles and responsibilities is provided in Appendix 5.

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TITLE: Wayside Access Procedure E. References 1. OP.4.3.03 - Blue Flag Procedure 2. Departmental Procedure 25.1.3 - Track Allocation Process 3. Rail Transportation Operating Rules 4. American Society for Testing and Materials (ASTM) Designation: 0-178-93 Standard Specifications for Rubber Insulating Matting, Type I, Class 2 5. General Order 08-15 Absolute Blocking 6. General Order 09-05 Commencing Work with Incorrect Indications F. Equipment Personal Protective Equipment is required as defined in the several appendices.

II. Procedure A. Clearance and Restriction Types There are various types of clearances and restrictions that are applicable to MARTA's revenue and non-revenue operations. Each of these clearances and restrictions is controlled by a separate process, and employees are required to follow those processes as appropriate. The following is a list of those clearances and restrictions:

1. Clearances (see Appendix 1)

a. Simple Clearance: i. Under traffic, no restriction, traction power is energized. ii. Only used for wayside access of five minutes or less. iii. May be utilized by a single individual of level 2 certification or higher with no lookout. iv. Examples: Fan Room Inspection, Crossing the tracks

b. Safe Clearance: i. Under traffic, no restriction, traction power is energized. ii. Used for performing work outside the train envelope. iii. Examples: Landscaping, Heavy cleaning on platforms, etc.

c. Wayside Inspection Clearance: i. Under traffic, no restriction, traction power is energized. ii. Used to gain access to the mainline or yard rail right-of-way for inspection and minor maintenance. iii. A dedicated lookout is required which is not part of the work crew. iv. Examples: ETS blue light replacement, switch plate lubrication, and replacing or tightening track bolts.

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TITLE: Wayside Access Procedure

2. Maintenance Restriction (see Appendix 2)

a. Inside or Outside Interlocking Restriction: i. Under traffic with 25 mph speed restriction. ii. Traction power is energized. iii. Applies to stationary work inside or outside mainline interlockings. iv. Train movement controlled from Train Control Room. v. Example: Replacing one impedance bond.

b. Train Approach Restriction: i. Under traffic with 25 mph speed restriction. ii. Traction power is energized. iii. Site and work restrictions listed in Section 2.3 must be satisfied. iv. Applies to limited stationary or moving work inside or outside interlockings. v. Examples: Tightening Rail Clips, Tunnel Lighting work

c. Moving Work-Site Restriction: i. Under traffic with restriction. ii. Traction power is energized. iii. Applies to a work site that is constantly moving within the restricted area with occasional stops. iv. Train movement controlled by de-energized track circuit(s). v. Example: Speed command testing.

d. Moving Equipment Restriction: This restriction allows for the movement of non-revenue vehicles and equipment over Mainline, Yard and Secondary Tracks.

3. Tracks Out of Service (See Appendix 3) a. With or without train traffic in Single Track Area. b. Traction Power is energized or de-energized subject to the site-specific plan. c. Examples: rail car testing, wayside maintenance, major project work such as switch tie replacement, AC track circuit conversions, ETS renovations.

4. Yards (see Appendix 4) a. With or without train traffic. b. Traction power is energized or de-energized subject to Site-Specific Plan. c. Examples: Track Inspection, Switch PM.

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TITLE: Wayside Access Procedure

B. The Track Allocation Process (Procedure 25.1.3) This process is the key to controlling access to the wayside. It is absolutely critical that all the requirements of this process be carried out in a complete and thorough mann~r . The following tasks must be accomplished during the Weekly Track Allocation Planning Meeting. 1. Weekly Track Allocation Meeting a. The purpose of this meeting is to review, revise and approve the Track Allocation Schedule for work requiring track access. This schedule lists work allocated for the current week, confirmed week, and week still in review. b. The General Superintendent of the Rail Services Control Center or his/her designee facilitates the meeting and the Director of Program and Contract Management or his/her designee serves as the Track Allocation Database Administrator. i. Work plans for projects are presented and discussed. ii. MARTA resources to support the various requests are allocated. iii. Projects and/or work requests may require prioritization if resources are insufficient to meet all the needs presented. c. This meeting shall include representatives from but not limited to the following functional areas: Automatic Train Control Resident Engineer Track and Structures Buildings and Support Construction Safety & Quality Assurance Equipment Custodial &Landscaping Bus Transportation Rail Transportation Scheduling Customer Service Project Management Engineering Electrical Power & Equipment Rail Car Maintenance Marketing Police: Only as required Training: as required d. The representatives of the functional areas are responsible for communicating back to their staff members any schedule changes resulting from the Track Allocation Meeting. This communication must describe how the project will impact their work area. 2. Modifications to Work Schedules a. Any changes to the confirmed schedule need to be entered into the track allocation database, discussed, reviewed and approved by affected functions, including but not limited to the General Superintendent of Rail Services Control Center or his/her designee, Track Allocation Database Approver, ATC, EP&E, and T&S at least 24 hours prior to implementation. b. These changes are coordinated, communicated and distributed by the requesting party. c. All modifications must be entered into the Track Allocation Database upon agreement of all parties involved.

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TITLE: Wayside Access Procedure

3. Amended and Verbal Restrictions a. Restrictions or clearances may be amended in order to correct, change or revise information that is on the most current Train Operators' Restriction Information Sheet, (TORIS). i. These amendments are at the discretion of the RSCC and , pending approval from the General Superintendent of Rail Services Control Center or his/her designee, shall be communicated to all personnel via general broadcast or require acknowledgement per the type of restriction or clearance. ii. All supporting departments must have submitted documents indicating levels of protection. b. A verbal restriction or clearance not displayed on the TORIS may be issued in oral form at the discretion of the RSCC for emergency work pending approval by the General Superintendent of Rail Services Control Center or his/her designee. 4. Cancellations of Approved Work Approved requests may be cancelled by the requesting party, or by a supporting function, or due to a safety concem. 5. Variations from Normal Routing Whenever personnel are permitted wayside under a Maintenance Restriction or Wayside Inspection Clearance, RSCC will place a Route Prohibit at the interlocking (s) preventing reverse traffic through the section of track where personnel are assigned. The intent of this Route Prohibit is to provide a visual indicator to the Controller of personnel wayside. a. Before RSCC routes a train in reverse traffic the Controller will: i. Notify personnel wayside in the area of the reverse move(s) by their radio call number. ii. Instruct the Train Operator(s) to proceed in accordance to Rail Operating Rule 2.42, looking out for wayside personnel until returning to normal traffic. Note: Rule 2.42 states: Train Operators must operate route reverse runs when directed to do so by RSCC. Before beginning a route reverse run, each Train Operator must be advised by RSCC, and confirm his or her clear understanding of where the train will leave normal traffic and where it will re-enter normal traffic. While operating on a route reverse run, Operators will be governed by cab signals, wayside signals, flags, and horn signals. iii. Remove the Route Prohibit. iv. Establish reverse traffic. v. Re-establish the Route Prohibit when normal traffic is resumed b. If unable to contact wayside personnel the Controller will: i. Inform train operator(s) of the restriction/clearance. ii. Instruct the Train Operator(s) to proceed with the reverse move sounding hom, not to exceed 25 MPH and looking out for wayside personnel until returning to normal traffic. iii. Remove the Route Prohibit.

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TITLE: Wayside Access Procedure iv. Establish reverse traffic. v. Re-establish the Route Prohibit when normal traffic is resumed. C. Wayside Access for Emergency/Unplanned Maintenance Checklist 1. Purpose To establish guidelines for MARTA personnel to insure SAFE, fast, controlled and predictable responses to various types of emergencies and unplanned maintenance repairs that may impact rail service and safety. 2. Applicability This process applies to all MARTA personnel gaining access to the wayside for emergencies, or for performance of unplanned repairs or system restoration. 3. Definitions a. An emergency is an unforeseen circumstance or event, which threatens life or property and calls for immediate action. b. An unplanned maintenance repair is an unforeseen hazard or equipment malfunction or failure, which causes significant disruption to rail service, or jeopardizes continued safe rail operation. It requires immediate action to restore normal service, or requires immediate action to insure the safety of rail operations. The corrective action must be taken in less than 48 hours. c. On-site Communicator: person responsible for coordinating wayside protective measures over an emergency incident site until relieved. The OSC will remain as the liaison between the RSCC and wayside personnel for the duration of the emergency and is responsible for coordinating final inspections prior to restoration of normal services. The Flagperson will be designated as the OSC for unplanned maintenance repairs. 4. Objectives a. To eliminate potential danger to passengers, employees, emergency responders and others during emergency incidents or unplanned maintenance repairs and to maximize the effectiveness of the MARTA Maintenance Response Team. b. For emergencies, as many aspects as possible of the wayside access procedure will be followed, as determined by the OSC. c. For unplanned maintenance repairs, work will be completed safely in the shortest amount of time possible. All aspects of the wayside access procedure will be followed with the exception of the track allocation process and the project initiation meeting. d. Wayside Inspection Clearance, Train Approach, Maintenance Restriction or Single Track Out of Service Restrictions will be assigned by the RSCC from the generic listing on the daily TORIS. e. For unplanned maintenance repairs, the Flagperson designated as the OSC will insure that all provisions of the wayside access procedure are followed. f. A site specific plan and flagging schematic of the unplanned maintenance repair will be submitted to the RSCC via fax or email, preferably prior to beginning work.

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TITLE: Wayside Access Procedure g. In some circumstances in which the unplanned maintenance repair severely impacts rail operation, the restriction will be implemented immediately and the site specific plan and flagging schematic submitted to RSCC as soon as possible the same day. 5. Emergency/Unplanned Maintenance Checklist ( See Figure 1) a. The emergency / unplanned maintenance checklist sets forth the policy and guidelines that shall be implemented by MARTA personnel whenever an emergency occurs on or adjacent to the MARTA rail system. Unplanned maintenance repairs will utilize the same checklist with the exception of assigning a generic restriction from the TORIS, and omitting the project initiation meeting. b. The emergency / unplanned maintenance checklist includes: i. Evaluating the incident to determine if the situation is an emergency. ii. Establishing communication with the RSCC and provide; (a) The nature of the emergency. (b) The potential danger to service or customers. (c) The prOjected completion time for repair. iii. RSCC establishing an on-site communicator (OSC), typically a Superintendent or designee for a wayside emergency. iv. Notifying all applicable personnel. v. Protecting personnel and equipment at the incident site. vi. Providing updates as to the status of the incident. vii. Restoring the equipment to normal operations utilizing the appropriate maintenance restriction as documented in MARTA's Wayside Access Procedure. 6. Work Process a. Project Initiation Meeting i. This meeting takes place on the day of the project. It may occur more than once for a project if the work involved requires more than one day's effort. Clearances and Train Approach Restrictions do not require a project initiation meeting. ii. The meeting is facilitated by Rail Service Control Center Superintendent, (RSCCS) or his/her designee, and is attended by the following persons: (a) Train Control Controller (b) Mainline Superintendent (c) Automatic Train Control Representative (d) RSCC Superintendent (e) Electrical Power & Equipment Representative (f) Safety & Quality Representative (as needed) (g) Flagperson for project (h) Flagperson or Maintenance Supervisor for groups wishing to "piggyback". (i) Track and Structures Representative (j) General Superintendent RSCC (as needed) Page 17 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 8 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure (k) Training: (as needed) b. Responsibilities: i. All Participants, including anyone wishing to "piggyback" or share a restriction and the YTS when appropriate, shall: (a) review and confirm the: (i) Site-Specific Plans (ii) Mainline Red Tags (b) Signed record of concurrence and receipt for rail system work restrictions (includes the Secondary Work Crew wishing to piggyback). ii. RSCC is responsible for: (a) reviewing and confirming the Track Allocation Schedule and the Train Operator Restriction Information Sheet (TORIS) (b) preparing Mainline Red Tags and issuing them to appropriate personnel iii. EP&E and RSCC shall review and confirm the DC Breaker Schedule iv. ATC and RSCC shall review and confirm the Exit Route Prohibit Plan v. The Flagperson/Maintenance Supervisor and the RSCC Representative shall review and confirm the Flagging Schematic and any requirements for special personal protective equipment. vi. The Secondary Work Crew's Flagperson/Maintenance Supervisor will review the Flagging Schematic and any requirements for special personal protective equipment and insure that they understand the work limits and level of protection provided. If the Secondary Work Crew does not have a representative attend the project initiation meeting and sign the record of concurrence, they will not be granted access to the Primary Work Crew's restriction. vii. Office of System Safety & Quality Assurance will: (a) Serve in an audit and investigative capacity, and make recommendations for improvement. (b) Perform audits of Site Specific plans, Rules, Standard Operating Procedures and conduct periodic site visits to ensure compliance. (c) Investigate reports of violations and incidents/accidents. (d) If the Office of System Safety and Quality Assurance discover a safety violation at a work site, the work may be suspended until violation is corrected. (e) RSCC will be notified immediately when the work is suspended. RSCC, in turn, will notify the General Superintendent of the Rail Services Control Center and all pertinent parties immediately.

c. Safety Related Work Stoppage i. Any MARTA employee, Authority representative or contractor who discovers a safety violation on a job site shall notify the Supervisor, Flagperson, and the RSCC.

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TITLE: Wayside Access Procedure ii. If the violation is verified the Supervisor or Flagperson will suspend the work until the violation is corrected. iii. Any questions shall be resolved by the Supervisor, Flagperson, and RSCC. d. Documentation i. Signed checklists must be returned to RSCC before the end of the employee's shift. The checklist may be faxed to the RSCC at the end of the shift, but the original must be sent in the MARTA mail to RSCC within 24 hours, excluding weekends. ii. RSCC is responsible for ensuring the receipt and documentation of all checklists at the end of the shift. iii. The Office of Rail Transportation is responsible for maintaining a complete file for all projects. The file will include all work plans, site-specific safety plans, checklists, flagging schematics and any other related written documents that may exist. D. Glossary of Terms: (Appendix 4) E. Roles and Responsibilities: (Appendix 5)

III. Supporting Documents A. Appendices 1.0 APPENDIX 1 - MAINLINE CLEARANCE PROCESSES 2.0 APPENDIX 2 - RESTRICTION PROCESSES (Mainline) 3.0 APPENDIX 3 - RESTRICTION PROCESSES (Yard and Storage Areas) 4.0 APPENDIX 4 - GLOSSARY OF TERMS 5.0 APPENDIX 5 - ROLES AND RESPONSIBILITIES B. Figures Figure 1. RSCC Emergency/Unplanned Maintenance Access Checklist Figure 2. Record of Concurrence and Receipt Form (for Rail System Work Restrictions) Figure 3. Flagperson & Maintenance Supervisor Checklist Figure 4. Train Approach Speed Restriction Request Form Figure 5. ATC Special Single Tracking Procedure Request Form C. Exhibits Exhibit A - Guidelines for utilizing Third Rail Insulating Blanket 1.0 APPENDIX 1 - MAINLINE CLEARANCE PROCESSES 1.1. SIMPLE CLEARANCE PROCESS 1.1.1 . Simple Clearance is to provide protection for personnel from rail traffic while in the vicinity of any tracks of the rail system. This clearance will only be used for wayside access of five minutes or less.

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TITLE: Wayside Access Procedure 1.1.2. Wayside qualified personnel that are at least Level 2 Certified may be granted access to the wayside by RSCC. Level 1 personnel must be accompanied by a Level 2 or higher, who will act as the Dedicated Lookout Person. A single individual at least Level 2 Certified may be granted access to the wayside. In either case the Level 2 individual must comply with the following guidelines: 1.1.3. The Level 2 individual shall: a. Have proper Personal Protective Equipment (PPE) to include: 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge 4. Flashlight 5. Whistle and/or Air Hom 6. Safety Shoes orWork Shoes b. RSCC will be contacted via telephone and informed of the intent to access the wayside. Exception: Operators may obtain permission via two-way radio when boarding trains/equipment or when instructed by RSCC. c. Initiate radio contact with the RSCC and identify themselves. d. State the reason for going wayside and number of personnel. e. Provide the exact location of the access and tracks encroached upon. Request permission to enter the wayside. f. Allow access to the wayside upon receipt of permission from the RSCC. g. Remain alert for trains while personnel are on the wayside. h. Maintain two-way radio communication with the RSCC at all times. i. Upon exiting, notify the RSCC via two-way radio that all personnel are clear of the wayside. Note: Level 1 personnel will be required to wear all PPE deemed appropriate by the Level 2 or 3 personnel. 1.1.4. The RSCC shall: a. Notify all trains in the area and require them to hold at adjacent stations. b. Notify requester of train locations in the area. c. Use CCTV if applicable. 1.1.5. A single person utilizing a simple clearance must not encroach the train envelope with the exception of personnel boarding trains, retrieving items from the wayside, crossing track to access work location, and wayside emergencies. 1.2. SAFE CLEARANCE PROCESS 1.2.1. A Safe Clearance is the method by which authorized MARTA employees may gain access to the wayside for the purpose of performing work outside the train envelope. This clearance does not require de-energizing the contact rail, or restricting train operations.

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TITLE: Wayside Access Procedure Trains operating in the Safe Clearance area may operate in automatic or manual cab signal (MCS) modes. 1.2.2. A wayside team must consist of two or more personnel. No team will enter the wayside until approval is granted by the RSCC. One person in the team, who is at least Level 2 Certified, will be dedicated as a lookout to ensure the safety of the work team. 1.2.3. The Dedicated Lookout Person shall: a. Ensure that they have proper Personal Protective Equipment (PPE) to include: 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge 4. Flashlight 5. Train Operator Restriction Information Sheet (TORIS) 6. Whistle and/or Air Horn 7. Safety Shoes orWork Shoes b. RSCC will be contacted via telephone and informed of the intent to access the wayside. c. Initiate radio contact with the RSCC via the mainline two-way radio frequency and identify themselves as being in charge of the work team. 1. State the reason for going wayside. 2. Provide the exact location of the access and the limits of the work area. 3. Request permission to enter the wayside and set up the work area. Note: Level 1 personnel will be required to wear all PPE deemed appropriate by the Level 2 or 3 personnel. 1.2.4. The RSCC shall: a. Notify all trains of the presence and location of wayside personnel by general broadcast with no acknowledgement from the train operators required. b. Grant permission for the team to enter the wayside after the requirements of section 1.2.3 1.2.5. The Dedicated Lookout Person shall then: a. Remain alert for trains while personnel are on the wayside. b. Maintain two-way radio communication with the RSCC at all times. c. Provide appropriate hand signals while facing oncoming trains. d. Notify RSCC anytime that a team member encroaches upon the train envelope. 1.2.6. Upon completion of work and exiting the wayside, notify the RSCC via two-way radio that all personnel and equipment are clear and the Safe Clearance can be terminated. 1.2.7. The RSCC shall: a. Confirm termination of the Safe Clearance by the Dedicated Lookout Person. b. Notify all trains by general broadcast that the Safe Clearance has been terminated. Page 111 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 12of52 marl:a~ PROCEDURE

TITLE: Wayside Access Procedure 1.3. WAYSIDE INSPECTION CLEARANCE PROCESS 1.3.1. The Inspection Clearance is the method by which authorized MARTA employees may gain access to the mainline rail right-of-way for routine inspection and minor correction work only. Examples include but are not limited to: ETS blue light replacement, switch plate lubrication, and replacing or tightening track bolts. The tools required for routine inspection and minor correction work are the only ones allowed under the clearance process. These tools include, but are not limited to: wrenches, gauges, meters, test sets and grinders. This clearance does not require de-energizing the contact rail or restricting train operations. Trains operating in the inspection area may operate in automatic or manual cab signal (MCS) modes. 1.3.2. An inspection team must consist of two or more personnel. One member of that team must be at least Level 2 Certified or higher and will be designated as the Dedicated Lookout Person. No team will enter the wayside until approval is granted by the RSCC. 1.3.3. The Dedicated Lookout Person shall: a. Ensure that they have proper Personal Protective Equipment (PPE) to include: 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge 4. Flashlight 5. Train Operator Restriction Information Sheet (TORIS) 6. Whistle and/or Air Horn 7. Safety Shoes or Work Shoes b. RSCC will be contacted via telephone and informed of the intent to access the wayside c. Initiate radio contact with the RSCC via the mainline two-way radio frequency and identify themselves as being in charge of the work team. d. State the reason for the inspection. e. Provide the exact location of the access and the limits of the inspection area. f. Request permission to enter the wayside. Note: Level 1 personnel will be required to wear all PPE deemed appropriate by the Level 2 or 3 personnel. 1.3.4. The RSCC shall: a. Notify all trains of the presence and location of wayside personnel by general broadcast with no acknowledgement from the train operators required. b. Grant permissions for the team to enter the wayside after the requirements of section 1.3.3 have been satisfied. 1.3.5. The Dedicated Lookout Person shall then: a. Remain alert for trains while personnel are on the wayside. b. Maintain two-way radio communication with the RSCC at all times. c. Provide appropriate hand signals while facing oncoming trains. Page 112 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 13 of 52 marta~ PROCEDURE

TITLE: Wayside Access Procedure d. Upon completion of work and exiting the wayside, notify the RSCC via two-way radio that all personnel and equipment are clear and the Wayside Inspection Clearance can be terminated. 1.3.6. The RSCC shall: a. Confirm termination of the Wayside Inspection Clearance by the Dedicated Lookout Person. b. Notify all trains by general broadcast that the Wayside Inspection Clearance has been terminated.

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TITLE: Wayside Access Procedure 2.0 APPENDIX 2 - RESTRICTION PROCESSES (Mainline) 2.1. MAINLINE MAINTENANCE RESTRICTIONS (Guidelines) 2.1.1. A Maintenance Restriction is the method by which authorized MARTA employees will gain access to the mainline right-of-way for the purpose of performing work inside the train envelope. This restriction does not require de-energizing the contact rail, but does restrict train operations. Trains operating in the Maintenance Restriction area must not operate in Automatic mode. In remote areas and upon request by a Flagperson, trains will drop off and pick up personnel and equipment on the wayside. ATC personnel will perform all Train Control Room work as referenced by this process. Yellow flags and lanterns may be used to provide an indication for trains to slow to a maximum of 25 mph and should be placed a minimum distance of 750 ft from the work or protected site unless otherwise designated by the site-specific plan. When visibility is limited, additional yellow flags should be placed 750 ft in advance of the original flag, (1500 ft from the work-site), unless otherwise designated by the site-specific plan. 2.1.2. A wayside team must consist of two or more persons. One member of that team must be a Flagperson. No team will enter the wayside until approval is granted by the RSCC. 2.1.3. The Flagperson shall: a. Ensure that they have proper Personal Protective Equipment (PPE) to include: 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge 4. Copy of the current Train Operator's Restriction Information Sheet (T.O.R.I.S). 5. Copy of the site-specific plan and flagging schematic (for inside and outside inte rlocking restrictions). 6. Flashlight 7. Whistle and/or Air Horn 8. Safety Shoes or Work Shoes 9. Flagging Equipment (per site specific plan) 10. Third Rail Insulating Blanket( s) (per site specific plan) b. RSCC will be contacted via telephone and informed of the intent to access the wayside c. Initiate radio contact with the RSCC via the mainline two-way radio frequency, and identify themselves as the Flagperson. d. State the reason for going wayside. e. Provide the restriction number, the exact location of the access, and the limits of the work area. f. Request permission to enter the wayside and set up the work area. g. Request ATC to impose speed restrictions locally if required. Note: Level 1 personnel will be required to wear all PPE deemed appropriate by the Level 2 or 3 personnel. 2.1.4. The RSCC shall:

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TITLE: Wayside Access Procedure a. Notify all mainline trains of the presence and location of wayside personnel by general broadcast. All Operators and Rail Service Supervisors must acknowledge. b. Grant permission for the team to enter the wayside after the requirements of section 2.1.3 have been satisfied. 2.1.5. The Flagperson shall then: a. Remain alert for trains while personnel are on the wayside b. Notify RSCC anytime the team is entering or exiting the wayside. c. Maintain a two-way radio communication link with the RSCC at all times. d. Provide appropriate hand signals while facing oncoming trains. e. Upon completion of work and exiting the wayside, notify the RSCC via mainline two-way radio frequency that all personnel and equipment are clear and the Maintenance Restriction can be terminated. 2.1.6. The RSCC shall: a. Confirm termination of the Maintenance Restriction by the Flagperson. b. Notify all Operators and Rail Service Supervisors that the Maintenance Restriction has been terminated. 2.2. INSIDE OR OUTSIDE INTERLOCKING RESTRICTION 2.2.1. This process applies to stationary work inside or outside mainline interlockings. 2.2.2. Permission for the team to gain access to the wayside will be performed in accordance with the Maintenance Restrictions Guidelines (Section 2.1 of this Appendix) 2.2.3. The Flagperson will request the Automatic Train Control Technician (ATCT) in the TCR to impose 25-mph speed restriction(s) from the local control panel to reduce train speed while flags and/or lantems are being posted. Speed restrictions will be imposed on both tracks if conditions require. 2.2.4. The ATCT will confirm the 25-mph speed restrictions with the Flagperson, the team will enter the wayside and the Flagperson will post flags and/or lanterns defining the work area in accordance with the Site Specific Plan. 2.2.5. All route requests through the work site must be authorized by the Flagperson. For work areas inside interlockings, the ATCT in the TCR will take control of the interlocking from RSCC by placing the Local Control Panel in LOCAL position, and tum off automatic routing on the affected track(s). For work areas outside interlockings, the ATCT in the TCR will de­ energize the appropriate track circuit(s) so that trains approaching the work site will STOP short of the work area. 2.2.6. Train routing will be monitored and controlled by the ATCT in the TCR. RSCC will instruct a train to proceed through a work area only with authorization from the Flagperson. 2.2.7. The Flagperson and the ATCT in the TCR will monitor the first train through the work area to ensure that the train stops no less than 350 feet from the work site. For inside interlocking work sites, verification that the automatic route did not call will also be made.

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TITLE: Wayside Access Procedure 2.2.8. The Flagperson will install a portable trip stop. The trip stop will be placed in accordance with the Site Specific Plan at a minimum of 350 feet from the work area. 2.2.9. The Flagperson will notify the team that work can begin only after verifying that all safety precautions are in place. 2.2.10. The Flagperson will notify the ATCT in the TCR when all flagging material has been posted and when the team is at the specific work site. The ATCT in the TCR will remove or add the speed restriction(s) per the site-specific plan. 2.2.11. The ATCT in the TCR will inform the Flagperson of all approaching trains. The Flagperson will notify the team to cease work and clear the track for safe train movement. 2.2.12. The Flagperson will remove the portable trip stop and notify the ATCT in the TCR that all equipment and personnel are clear of the track way. 2.2.13. The ATCT in the TCR will locally call the required route(s) for inside interlocking work sites that will allow the train to receive speed commands. For outside interlocking work sites, the ATCT in the TCR will restore the track circuit(s) to allow the train to receive speed commands. 2.2.14. The train will follow flagging instructions of the Flagperson. 2.2.15. If the route cannot be called or the track circuit(s) restored due to the work being performed or some other condition, the Flagperson will instruct the team to clamp or block the switch points (s) in the proper position and verify proper track alignment. 2.2.16. After verifying proper track alignment and that the wayside personnel are clear, the Flagperson will request RSCC to advise the train approaching the work area to switch into road manual and proceed through the work area following wayside flags and flagging instructions. The train operator will switch into road manual and proceed through the work area following wayside flags and flagging instructions. The train operator will switch back to a protective mode after regaining speed commands. 2.2.17. The Flagperson will replace the trip stop immediately after the train passes. For work sites outside of interlockings, the ATCT in the TCR shall de-energize the track circuit(s) immediately after each train has cleared the work area, and will so notify the Flagperson. 2.2.18. The Flagperson will notify the team to resume work. 2.2.19. Upon completion of the work, the Flagperson will verify that the team removes all equipment from the track. 2.2.20. The Flagperson will notify the ATCT in the TCR to place 25-mph speed restriction for the removal offlagging material if the speed restriction(s) had been removed. 2.2.21. When all equipment and personnel are clear of the wayside, the Flagperson will remove all flagging material and portable trip stops. 2.2.22. The Flagperson will notify the ATCT in the TCR to restore the eqUipment to normal. 2.2.23. The ATCT in the TCR will remove all speed restrictions and place the Local Control Panel in REMOTE. 2.2.24. The ATCT in the TCR will verify normal conditions on the Local Control Panel and verify status with RSCC. Page 116 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 17 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure 2.2.25. After confirmation of normal operations, the Flagperson will notify RSCC to terminate the Wayside Maintenance Restriction.

2.3. TRAIN APPROACH RESTRICTION 2.3.1. A Train Approach Restriction applies to limited stationary or moving work, inside or outside mainline interlockings. Work performed under a Train Approach Restriction must meet the following criteria: a. The work will consist of activities that can be ceased immediately upon a train approaching the work site. Examples include but not limited to: c-bond replacement, rail clip maintenance, switch machine maintenance, track circuit maintenance, vegetation control, tunnel light maintenance, etc. b. A Train Approach Speed Restriction Request shall be faxed, emailed or carried to the RSCC by the requestor, prior to implementation and kept at the Controllers Console. c. A meeting shall be held upon arrival at the worksite, at this meeting a place of safety shall be identified by the Flagperson. This site must be accessible in less than 15 seconds to all workers before a train moving at the maximum speed authorize on that track can pass the location of the work site. If a safe place can not be identified, this process will not be used. d. The Flagperson must establish a minimum sight distance of 750 feet for a 25 mph speed restriction, and 450 feet for a 15 mph speed restriction, which equals the required sight distance to provide for a time of 20 seconds required for the crew to move to their place of safety (5 seconds to move + 15 seconds in the clear before arrival of the train =20 seconds total). If the sight distance can not be established i.e. curves, grades, etc, this process will not be used. (See speed chart). e. The means used by a Flagperson to communicate a train approach warning shall be distinctive and shall clearly signify to all recipients of the warning that a train or other on­ track equipment is approaching. Whistles or air horns are acceptable means of communication; the appropriate method will be determined by the Flagperson. f. Every worker shall maintain a position that will enable him other to receive a train approach warning communicated by the Flagperson at any time or this process will not be used. 2.3.2. Speed Chart for Train Travel Distance at Various Times and Speeds Max Track 20 seconds 25 seconds 30 seconds 45 seconds 60 seconds Speed 15 mph 450 feet 550 feet 660 feet 990 feet 1,320 feet 25 mph 750 feet 950 feet 1,100 feet 1,600 feet 2,200 feet 2.3.3. Permission for the team to gain access to the wayside will be performed in accordance with the Maintenance Restrictions Guidelines. (Appendix 2.1) 2.3.4. The Flagperson will request the ATCT to impose 25-mph or 15-mph speed restriction(s) from the Train Control Room to reduce train speed through the work area. Speed Page 117 STANDARD ISSUE DATE SOP NO. OPERATING 02·20·2013 10.3.51 Page 18 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure restrictions will be imposed on both tracks throughout the work area if required by the site­ specific plan. 2.3.5. After the ATCT confirms the 25-mph or 15-mph speed restrictions with the Flagperson. 2.3.6. The Flagperson will notify the team that work can begin only after verifying that all safety precautions to be utilized for this procedure are in place. 2.3.7. The Flagperson will remain alert for all approaching trains. Before approaching trains reach the specified sight distance required for the work crew to clear the track, (See Speed Chart) the Flagperson will notify the team to cease work and clear the track for safe train movement. 2.3.8. If a train loses speed commands, RSCC will contact the Flagperson and request permission to move the train up to the Flagperson and follow flagging instructions through the work site. This move shall not be made unless contact is made and permission is given by the Flagperson. 2.3.9. After the train passes the work location, the Flagperson will look for approaching trains, and if clear, will then notify the team to resume work. 2.3.10. Upon completion of the work, the Flagperson will verify that all personnel and equipment are clear of the wayside and notify the ATCT to remove the 25-mph or 15-mph speed restriction from the TCR. 2.3.11. The Flagperson will notify RSCC to terminate the Wayside Maintenance Restriction.

2.4. MOVING WORK SITE MAINLINE RESTRICTION 2.4.1 . This process applies to a moving mainline work site. A moving mainline work site is one in which the team is constantly moving within the restricted area with occasional stops to inspect or measure equipment. The team will move toward (facing) the normal direction of train traffic if possible. 2.4.2. Permission for the team to gain access to the wayside will be performed in accordance with the Maintenance Restrictions Guidelines. (Appendix 2.1) 2.4.3. For a moving restriction, multiple Flagpersons will be used with a Primary Flagperson designated as indicated by the site-specific plan. The Flagpersons will remain in constant two-way radio contact with RSCC and will be advised of all train movements. No trains will be routed into the work site without authorization from the Primary Flagperson. 2.4.4. The Primary Flagperson will request the ATCT in the TCR to impose 25-mph speed restriction(s) from the Local Control Panel to reduce train speed and will then post flags and/or lanterns. Speed restrictions will be imposed on both tracks, if conditions require. Flags/Lanterns will be posted from platform to platform or as designated by the site-specific plan for work under this restriction. 2.4.5. The Primary Flagperson will notify the ATCT in the TCR when all flagging material has been posted and when the team is at the specific work site. The ATCT in the TCR will remove or add the speed restriction(s) as per site specific plan.

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TITLE: Wayside Access Procedure 2.4.6. At the work site, the team will connect a temporary signal shunt strap on the rails and confirm the exact location of the team with the ATCT in the TCR. Once the circuit is identified, the temporary signal shunt will be removed. 2.4.7. The ATCT in the TCR will de-energize the preceding track circuit(s) on the same track as the moving work site so that trains approaching the work site will stop no less than 350 feet from the work site. The Flagpersons and ATCT in the TCR will monitor the first train through the moving work site to ensure that the train stops at the predetermined safe distance. 2.4.8. The Flagpersons will notify the team that work can begin only after verifying that all safety precautions to be utilized for this procedure are in place. 2.4.9. The ATCT in the TCR will inform the Flagpersons of all approaching trains. The Flagpersons will notify the team to cease work and clear the track for safe train movement. 2.4.10. All personnel will clear the track at their designated safe location. 2.4.11. The Primary Flagperson will notify the ATCT in the TCR that all equipment and personnel are clear of the track. 2.4.12. The ATCT in the TCR will restore the track circuit(s) to allow the train to receive speed commands. 2.4.13. The train will follow flagging instructions of the Flagpersons. 2.4.14. If a train loses speed commands, RSCC will contact the Flagperson and request permission to move the train up to the Flagperson and follow flagging instructions through the work site. This move shall not be made unless this contact is made and permission is given by the Flagperson. 2.4.15. The ATCT in the TCR will de-energize the track circuit(s) immediately after the train has cleared the work site, and will notify the Flagperson. 2.4.16. The Flagperson will notify the team to resume work. 2.4.17. The leading Flagperson will notify the ATCT in the TCR each time an impedance bond is reached while moving down the track. 2.4.18. The team will connect a temporary signal shunt strap on the rail at the impedance bond and confirm the exact location of the team with the ATCT in the TCR. Once the circuit is identified, the temporary signal shunt will be removed. 2.4.19. The ATCT in the TCR will de-energize the next track circuit to protect the moving work site and advise both Flagpersons. 2.4.20. The trailing Flagperson will notify the ATCT in the TCR each time an impedance bond has been reached while moving down the track. 2.4.21. Upon confirmation from the trailing Flagperson that the impedance bond has been reached, the ATCT in the TCR will restore the previous tack circuit and notify both Flagpersons. 2.4.22. Upon completion of the work, the Flagpersons will verify that the team removes all equipment from the track. The Flagperson will notify the ATCT in the TCR to place 25-mph speed restriction for the removal of flagging material if the speed restriction(s) had been removed.

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TITLE: Wayside Access Procedure 2.4.23. When all equipment and personnel are clear of the wayside, the Flagperson will remove all flagging material. 2.4.24 The Flagperson will notify the ATCT in the TCR to restore the equipment to normal. 2.4.25 The ATCT in the TCR will remove all speed restriction(s) and verify normal conditions on the Local Control Panel. The ATCT in the TCR will inform the Flagpersons when the equipment has been restored. 2.4.26. The A TCT will notify RSCC that all equipment has been restored, and verify status with RSCC. 2.4.27. After confirmation of normal operations, the Flagpersons will notify RSCC to terminate the Wayside Maintenance Restriction.

2.5. TRACK(s) OUT OF SERVICE 2.5.1. A Track Out of Service Restriction is the method by which authorized MARTA employees will gain access to the mainline right-of-way for the purpose of performing work inside the train envelope. This restriction requires de-energizing the contact rail, and restricts train operations. Trains operating in a Single Track Out of Service Restriction area must not operate in Automatic mode unless authorized by RSCC and wayside personnel notified. In remote areas and upon request by a Flagperson, trains will drop off and pick up personnel and equipment on the wayside. 2.5.2. When working within an interlocking, a pre-planning walk through inspection of the work area requested will be completed by a Management representative from Track & Structures, Automatic Train Control and Electrical Power and Equipment. Upon completion of the walk through, a sign-off sheet will be completed and will be a part of the site specific plan. 2.5.3 If the 27-G cable or rail is to be removed, all of the 27-G (Negative return) fuses shall be pulled and red-tagged by EPET, after the restriction is in effect, prior to work commencing. The corresponding breaker schedule will also be noted with instructions on fuse disconnections.

2.5.4 When working inside an interlocking, there must be a minimum of 350 feet between the work site and the trip stop. If this cannot be accommodated, either a double block will be utilized or switch tenders will be placed at each switch and control all movements while personnel are inside the 350 feet window. Interlocking locations not requiring a double block or switch tender are listed below:

Switch # Comments All switches terminal points, i.e. Providing the restriction extends to the North Springs, Doraville, Airport, Tail Tracks. Indian Creek and H.E. Holmes Interlockings All Switches at Pocket tracks, i.e., With proper track allocation. E14S/E147, Philips ArenaNine Page 120 STANDARD ISSUE DATE SOP NO. Page 21 of 52 OPERATING 02·20·2013 10.3.51 marta PROCEDURE

TITLE: Wayside Access Procedure City, Lakewood, Lenox and Lindbergh Switch 27 and 13 at Georgia Restriction is from King to Phillips State Interlocking Switch 26 and 14 at Avondale #29 Restriction is from Avondale to Candler Turnout Switch 26, 25 14 and 18 in With proper track allocation. Avondale Throat Switch 23 and 16 at Ashby With proper track allocation. Switch 13 at Bankhead With proper track allocation. All Switches at Garnett With proper track allocation. Interlocking Switch 11, 14, 15 and 25 at With proper track allocation. Chamblee North Switch 17 and 13 at Mozley Park With proper track allocation.

2.5.5. A wayside team must consist of two or more persons. One member of that team must be a MARTA Certified Flagperson. No team will enter the wayside until approval is granted by the RSCC. 2.5.6. The Flagperson shall ensure that they have proper Flagging and Personal Protective Equipment (PPE) to include: a. Personal Protective Equipment 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge 4. Copy of the current Train Operator's Restriction Information Sheet (T.O.R.I.S). 5. Copy of the Flagperson checklist, site-specific plan and flagging schematic. 6. Flashlight 7. Whistle and or Air Horn 8. Safety Shoes or Work Shoes 9. High Voltage Tester 10. High Voltage Gloves 11. Safety Glasses 12. Third Rail Insulating Blanket(s) (per site specific plan) b. Flagging equipment 1. Signal \ Power Shunt Strap 2. Trip Stop 3. Flags or Lanterns 4. Cone, Barricades (per site specific plan) 5. Switch Clamps/Blocks (per site specific plan) 6. Crescent Wrench 7. Wire Brush Page 121 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 22 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure 2.5.7. Initiate radio contact with the RSCC via the mainline two-way radio frequency, and identify themselves as the Flagperson. a. State the reason for going wayside. b. Provide the restriction number, the exact location of the access, and the limits of the work c. Request permission to enter the wayside and set up the work area. 2.5.8. RSCC, EPE Rep, T&S Rep and ATC Rep and other areas as required, review the Site Specific Plan with their supervisors and each receive a copy of his/her Work Order. 2.5.9. The Supervisory & Control Rail Controller (SCC), Train Control Rail Controller (TCC), and EPET review and confirm the DC Breaker Schedule for the designated work site. 2.5.10. The TCC and the ATCT review and confirm the exit prohibit schedule for the designated work site. 2.5.11. The Flagperson, EPET, and the ATCT review and confirm the TAS with the RSCC, SCC and TCC at Rail Service Control Center. 2.5.12. The Primary Flagperson receives and assumes responsibility for compliance with the middle portion of the Mainline Red Tag (MRT) from the SCC. The SCC retains the top portion and gives the bottom portion of the MRT to the TCC. 2.5.13. The following information shall be recorded in the appropriate spaces on the MRT: the MRT Number, Weekly Track Allocation Schedule (TAS) Restriction Number, type of equipment, number of personnel in the work team, date/dates, time the team is scheduled to enter wayside, location and time the team is scheduled to exit the wayside, radio call number of the Flagperson, and the Flagperson's Supervisor. 2.5.14. The SCC notifies the EPET to stand-by to perform the applicable power duties required to implement the pending restrictions when an Equipment Red Tag is required. 2.5.15. The TCC notifies the ATCT to stand by to place the necessary Train Control exit prohibits and to perform other applicable duties, if required. 2.5.16. The SCC notifies Police Radio of the pending restriction so that appropriate MARTA personnel can be informed. Upon notification from the SCC, Police Radio will notify all affected Police Precincts. 2.5.17. Upon arrival at the access point(s) of the designated and approved work site, the Primary or Secondary Flagperson establishes two-way radio communication with the RSCC. 2.5.18. All radio communication with RSCC shall be followed by a readback. 2.5.19. The Flagperson requests permission from RSCC to place the Track(s) Out of Service Restriction (Mainline Red Tag) into effect by specifying the Track Allocation Restriction Number and the Red Tag Number. 2.5.20. Flagperson(s) requests/receives permission to enter the wayside to verify the high voltage tester at the upstream and downstream interlockings. If only one flagging team is utilized the upstream interlocking shall be flagged first. The high voltage tester will always be verified functional on a track designated by RSCC and known to be energized. The Flagperson(s)

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TITLE: Wayside Access Procedure will confirm proper operation of the high-voltage tester to RSCC and notify once clear of the wayside. 2.5.21. The TCC directs ATCT personnel to place the necessary exit prohibits. 2.5.22. The TCC and the ATCT test and verify both locally and remote, that the required exit prohibits have been properly placed and that routes cannot be called using that exit.

2.5.22.1 If RSCC indications are incorrect, the following must be performed:

1. If the exit prohibits cannot be placed on remotely, an ATCT will be dispatched to the train control room to place the exit prohibit(s) on locally. 2. If the exit prohibits cannot be verified by RSCC, an ATCT will verify locally in the train control room that the exit prohibits are in place by confirming the exit prohibit indication lamps are illuminated on the local control panel. If the indications are not illuminated, exit prohibits will be placed on locally with the toggle switch on the local control panel. 3. If RSCC is unable to test routing, the ATCT in the train control room will verify routing cannot be called for the exit prohibits in place by placing the local control panel in local and attempting to call the route for each exit prohibit, verifying the exit is unavailable. 4. This process will also apply for establishing an Absolute Block if indications are not correct from RSCC. 2.5.23. The TCC and the ATCT test that the required exit prohibits have been properly placed and that routes cannot be called using that exit. 2.5.24. The TCC radios all trains that the restriction is in effect and re-routes trains around the restricted area. Each Train Operator on the affected line (North-South or East-West) must acknowledge receipt of the message. 2.5.25. The Superintendent instructs the SCC to open the affected traction power breakers. For Supervisory or Equipment Red Tag Outage, the SCC will open the appropriate breakers in accordance with the DC Breaker Schedule and place control inhibits.

2.5.25.1 If RSCC indications are incorrect, the following must be performed:

1. If the breakers and/or third rail power cannot be verified by RSCC for a Supervisory or ERT Outage, an EPET will be dispatched to the traction power room to verify that the breaker(s) are open, and the Flag person will verify that the third rail power is de­ energized by use of the high voltage tester. 2. EPET will lock out the breaker(s) associated with the incorrect contact rail statusl breaker status. 3. Upon completing the above task, the EPET will contact the RSCC S&C Controller who will annotate the actions to the breaker schedule. 4. Third rail power will be verified by a Flag person once every hour and reported to the RSCC for the duration of the restriction. 2.5.26. Under a supervisory outage, the SCC will instruct EPET to open, lock and tag wayside disconnects if required.

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TITLE: Wayside Access Procedure 2.5.26.1 EPET- Operation of Disconnect switch 1. EPET will make contact with the Primary flag person and request permission to enter the wayside to open the disconnect switch. 2. The EPET will test and verify the third rail power is de-energized before opening the disconnect switch. Once power is verified de-energized, the EPET will then open the disconnect switch, lock and red tag. 3. The EPET will inform RSCC that the disconnect switch is open, locked and tagged. 4. RSCC will close DC breaker as per instructions in the DC breaker Schedule. 5. EPET will notify the primary Flagperson they are clear of the wayside.

2.5.27. When an ERT is required, the SCC requests the EPET to verify that the breakers specified on the DC Breaker Schedule are open, and to stand-by to perform other applicable duties. The SCC shall verify with the EPET that the appropriate breakers and/or wayside disconnects are opened, locked out and tagged. 2.5.28. TCC will notify Flagperson that indications show third rail power has been de-energized in the restricted area and instruct Flagperson(s) to verify. 2.5.29. Using the high voltage tester, the Flagpersons at the upstream and downstream interlockings verify that the contact rails are de-energized at those locations and in the restricted area, and confirm the same with the TCC and if applicable, the Maintenance Supervisor (MS). If one flagging team is utilized, the upstream interlocking will be flagged first. 2.5.30. For an ERT or Supervisory Outage, the Flagpersons at the upstream and downstream interlockings will install the required signal and power shunt straps, trip stops, lanterns, and/or flags in accordance with the Site Specific Plan. 2.5.31. The Flagpersons will notify the TCC and MS (if applicable) that all safety and flagging equipment has been placed according to the Site Specific Plan. The TCC will confirm with the Flagpersons that the required occupancy indication is provided by the signal and power shunt straps. 2.5.32. Absolute blocking is required for placement and movement of on-track equipment into work area. The TCC and the ATCT test that the required exit prohibits have been properly placed and that routes cannot be called using that exit. 2.5.32.1 Procedure to establish an Absolute Block for On-Track Equipment All On-Track Equipment (OTE) movements under a work restriction shall be subject to Absolute Blocking. The following procedure is in addition to the requirements of SOP RT.4.2.3, Manual Blocking of Trains, and MARTA rules. PROCEDURE - To establish an Absolute Block for On-Track Equipment, the Train Control Controller shall: 1. Notify the RSCC Superintendent of the request to place OTE on the wayside by identifying the party making the request, the point of entry, intended route, final destination and Track Allocation Restriction Number. Page 124 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 25 of 52 marl:a~ PROCEDURE

TITLE: Wayside Access Procedure 2. Upon receiving permission from the Superintendent to establish an Absolute Block, verify that the track block (interlocking to interlocking) and point of entry for the OTE move is clear of all train movement. 3. Notify all trains in all directions that an Absolute Block is being established from (limit) to (limit) to move OTE in the area. Advise trains within the block to continue to the next station beyond the block. 4. Notify trains on approach to the Absolute Block area to hold their position on the nearest platform that is not within the Absolute Block and behind a red signal indicating stop. Obtain a verbatim Read Back. 5. After the block is clear and the nearest approaching trains are stopped at station platforms outside the block, cancel established routes on all tracks within the block. 6. Request an ATC Technician to apply exit prohibits on all gates into the Absolute Block area per the exit prohibit schedule. Test remotely that prohibits have been appropriately applied. 7. After the afore mentioned steps have been completed, the following will apply for placing OTE(s) inside a restricted work area and outside a restricted work area. Placement of OTE(s) inside a restricted area: a. Grant the OTE Operator authorization to place the OTE(s) on the wayside and instruct the OTE Operator to notify RSCC once the OTE(s) is on the designated track. Obtain a verbatim Read Back. b. Once the OTE Operator reports all OTE(s) have safely been placed on the restricted track, terminate Absolute Blocking Protection and notify the Primary Flagperson for the restriction that trains will continue single-tracking normally through the restricted area from to _ . Obtain a verbatim Read Back. c. The Site Specific Plan will govern OTE(s) movement within a restricted track through an interlocking within that same restricted track area. Placement of OTE(s) outside a restricted area: a. Grant the OTE Operator authorization to place the OTE(s) on the wayside. b. Once on the trackway for routing, instruct the OTE Operator to proceed under Absolute Block Protection from the __ Hi-Rail Access/Storage Track point to (station name/interlocking signal number). Request the Flagperson to notify RSCC upon arrival at (station name/interlocking signal number). Obtain a verbatim Read Back. c. If an OTE vehicle must enter an interlocking, establish a route alignment through the Train Control System. The vehicle must stop at all signals (no matter the indication color), and acknowledge the signal indication and track alignment prior to proceeding (normal/reverse). This step must be completed during the approach to every interlocking along the OTE(s) route. d. Once the OTE Operator reports all OTE(s) have safely arrived in the restricted track area, terminate Absolute Blocking Protection and notify the Primary Flagperson for the restriction that trains will continue single-tracking normally through the restricted area from to _. Obtain a verbatim Read Back. 8. After the Flagperson Reads Back the information correctly, request ATC Technician to remove exit prohibits for the absolute block area and notify all trains in the affected area that Absolute Block Protection has terminated, normal service can resume.

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TITLE: Wayside Access Procedure When equipment is directly entering the restricted area without fouling adjacent tracks, the following areas do not require an absolute block' Canterbury to FR aTE entering from Canterbury Lay-By Chamblee to Doraville NER OTE entering from Chamblee Yard Arts Center to Armour North NR OTE entering from By-Pass Track Holmes to Vine City to Bankhead WLlPL OTE entering Mozley Park Refuge Track Bankhead to Ashby PRlPL OTE entering from Bankhead Hi-Rail Access

2.5.33. Upon arrival at the work site, the Flagpersons will again verify the continued functionality of the high-voltage tester by requesting a simple clearance to access the in-service track, testing the high-voltage tester on a known energized contact rail (if available), confirm status with the TCC and terminate the simple clearance. 2.5.34. Using the high voltage tester, the Flagperson at the work site will verify that the contact rails are de-energized and confirm the same with the TCC and MS. 2.5.35. The Flagpersons at the work site will install the required signal/power shunt straps on the restricted track, and place lanterns and/or flags on the operating track adjacent to the work site in accordance with the site-specific plan. The work may now begin. 2.5.36. Any additional work teams under a Secondary Flagperson requesting to perform work in a restricted area must obtain approval from, and coordinate work requirements with, the Primary Flagperson who holds the original track restriction authorization. With the exception of an emergency, this work site will be included in the site-specific plan. If such additional work is approved; the Primary Flagperson will notify the TCC of the specific location, type of equipment required, position within the rail clearance envelope, and nature of the work to be performed. The Secondary Flagperson will be responsible for following all applicable sections of this and other MARTA Safety Standards. Upon termination of the track restriction, the Primary Flagperson must ensure that the restricted track, including the work site(s) of the secondary work team(s), is clear for restoration of traction power and revenue train traffic. 2.5.37. If the primary work team has to clear the restricted area before the secondary work team, the Primary Flagperson will notify the TCC and the Secondary Flagperson and ask the TCC to transfer the restriction to the Secondary Flagperson. The Primary Flagperson will ensure that his/her work site is clear in accordance with Section 2.3 of this document. If the TCC approves of the restriction transfer, the Flagperson for the primary work team will then physically transfer the restriction paperwork to the Secondary Flagperson. The Secondary Flagperson will then confirm the restriction terms with the TCC and confirm that he/she is now the Primary Flagperson and is responsible for all work activity in the restricted area. If the TCC does not approve the restriction transfer, all work crews must clear the wayside.

2.5.38. Upon notification from the Primary Flagperson that the work team is ready to vacate the restricted area, the Flagpersons will proceed to the upstream and downstream interlockings and prepare to remove all protective devices. At this time, the Flagpersons will notify the TCC, who will then notify the SCC, that the wayside team is preparing to terminate the restriction. Page 126 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 27 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure 2.5.39. TCC will notify ATCT to prepare to restore the work area to normal conditions. When an Equipment Red Tag Outage is in place, the SCC will notify the EPET. 2.5.40. Absolute Blocking will be utilized for removal and/or clearing of OTE. 2.5.41. Upon completion of the scheduled work period, the Primary Flagperson must inspect the restricted area to ensure that the area is clear of all personnel, equipment, and materials. The TCC must be notified of the nature and location of any equipment and materials that must be left on the wayside. The Primary Flagperson must ensure that these items do not and will not encroach on train movements. 2.5.42. The Flagpersons will remove the safety and flagging devices from the upstream and downstream interlocking. 2.5.43. Upon completion of all equipment removal from the restricted track, one of the Flagpersons shall notify the Primary Flagperson that all equipment and material are clear of the restricted track area. The Primary Flagperson must notify the TCC that the restricted track is being released for service, along with any special restrictions, such as slow orders, which might be in effect. The Primary Flagperson must reference the Mainline Red Tag Number, Restriction Number and location and track, when lifting the restriction. 2.5.44. The TCC will notify the ATCTs to return their respective system to service as modified by any special restriction instructions. 2.5.45. If applicable, the SCC will notify the EPET to return their respective systems to service as modified by any special restrictions. 2.5.46. If applicable, the EPET will return the Traction Power Systems to normal mode of operation and verify with the SCC. 2.5.47. The Primary Flagperson will verify that traction power has been restored and notify RSCC. 2.5.48. The ATCTs will return the Train Control Systems to normal mode of operation and verify with the TCC. 2.5.49. The Flagperson shall return the completed Flagperson's portion middle of the MRT and the completed Flagperson Checklist to the SCC upon completion of the work

2.6. MOVING EQUIPMENT RESTRICTION 2.6.1. This process applies to On-Track Equipment (locomotive, flatcar, rail-bound and hi-rail maintenance equipment) that must access the Mainline to be moved from a Yard, a Storage track or a Pocket track for the purpose of traversing more than one block of track. 2.6.2. Equipment moves shall be scheduled through the Track Allocation Process. Power outage, origin and destination will be as designated by the Site Specific Plan. 2.6.3. On-Track Equipment to be moved will be scheduled at minimum 24 hours in advance with the exception of an emergency. Under an emergency the movement must be authorized by the Director of Rail Transportation or their designee. 2.6.4. The OTE Equipment Operator must make contact with RSCC via two-way radio and obtain permission prior to moving onto the mainline. 2.6.5. No signal, regardless of color, will be passed without permission from RSCC. Page 127 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 28 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure 2.6.6. The OTE operator will follow all instructions from RSCC. The RSCC Controller shall protect the movement of the OTE by use of the Manual Blocking of Trains Process (RT.4.2.13). 2.6.7. The Controller will notify all trains by general broadcast that a Moving Equipment Restriction is being placed in effect from {origin} to {destination}. a. Make sure each track block (interlocking to interlocking) in the direction of the intended routing of the OTE is clear of train movement. Note: Movement on the opposite track is permissible under an ME Restriction. b. Notify any approaching trains on the track in which the OTE will travel to hold at a station platform that is behind an interlocking and a red aspect. The train should not be held inside the track block occupied by the OTE. c. Approve a Manual Block from station to station inside the block and require the vehicle to stop at all interlockings along the OTE route and verify signal and routing correspondence. 2.6.8. Whenever possible, the movement of OTE equipment shall be routed with the normal flow of revenue service traffic. Reverse routing is permissible after revenue service hours if the normal flow of traffic track is out of service. 2.6.9. The OTE Operator will notify RSCC at every rail station and interlocking for permission to continue.

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TITLE: Wayside Access Procedure APPENDIX 3 - RESTRICTION PROCESSES (Yard and Storage Areas) 3.1. ACCESS TO YARD TRACKS 3.1.1 . This process applies to Yard or Storage areas where signal equipment will be limited or non-existent for protection of teams. 3.1.2. A single individual at least Level 2 Certified may be granted access to the Yard tracks under the provisions of a Simple Clearance upon establishing radio communication with Yard Tower Supervisor. Examples include but are not limited to Train Operators, Rail Car Cleaners and Rail Car Maintenance personnel accessing trains. 3.1.3. An individual or team performing maintenance on rail car equipment must request Blue Flag Protection. (Refer to OP.4.3.03) 3.1.4. Personnel entering the Yard shall: a. Ensure that they have proper Personal Protective Equipment (PPE) to include: 1. 2-way Radio 2. MARTA Approved reflective safety vest with a Current WAP Certification Badge 3. MARTA Photo Identification Badge b. Ensure that they have proper Personal Protective Equipment (PPE) to include where applicable: 1. Flashlight 2. Train Operator Restriction Information Sheet (TORIS) 3. Whistle and or Air Horn 4. Site Specific Plan 5. Safety Shoes or Work Shoes 6. High Voltage Tester High Voltage Gloves 7. Safety Glasses 8. Third Rail Insulating Blanket(s) (per site specific plan) c. Yard Tower Supervisor will be contacted via telephone and informed of the intent to access the wayside. d. Flagging equipment 1. Signal \ Power Shunt Strap 2. Trip Stop 3. Flags or Lanterns 4. Cone, Barricades (per site specific plan) 5. Switch Clamps/Blocks (per site specific plan) 6. Crescent Wrench 7. Wire Brush

3.2. YARD WAYSIDE INSPECTIONS AND MINOR MAINTENANCE 3.2.1. Teams performing inspections and minor maintenance on the track or track equipment within the limits of the Yard must gain access in the following manner: A wayside team must consist of two or more persons. No team will enter the wayside until approval is granted by the Yard Tower Supervisor. Examples of minor maintenance include but are

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TITLE: Wayside Access Procedure not limited to switch machine inspections and minor adjustments, wear plate lubrication, installation of gauge rods, frog grinding, cable connect/disconnect and inspection. 3.2.2. The Flagperson/Lookout shall initiate radio contact with the Yard Tower Supervisor via the yard two-way radio frequency and: a. Identify themselves as the Flagperson/Lookout. b. State the reason for going wayside. c. Request permission to enter the wayside and set up the work area. 3.2.3. The Yard Tower Supervisor shall: a. Notify all yard trains and vehicles of the presence and location of wayside personnel by general broadcast. All Yard Operators and Rail Service Supervisors in the Yard must acknowledge. b. Grant permission for the team to enter the wayside. 3.2.4. The Flagperson/Lookout shall then: a. Maintain a two-way radio communication link with the Yard Tower at all times. b. Remain alert for trains while personnel are on the wayside. c. Provide appropriate hand signals while facing oncoming trains.

3.3. YARD MAINTENANCE RESTRICTION 3.3.1. The Flagperson will meet with the Yard Tower Supervisor prior at the start of the scheduled work period. They will review and confirm their respective Site Specific Work Plans. 3.3.2. Upon arrival at the work location, the Flagperson shall: a. Initiate radio contact with the Yard Tower Supervisor via the yard two-way radio frequency and: b. Identify themselves as the Flagperson. c. Request permission to enter the wayside and set up the work area. 3.3.3. The Yard Tower Supervisor shall: a. Notify all yard trains and vehicles of the presence and location of wayside personnel by general broadcast. All Yard Operators and Rail Service Supervisors in the Yard must acknowledge. b. Grant permission for the team to enter the wayside. 3.3.4. The Flagperson shall then: a. Maintain a two-way radio communication link with the Yard Tower Supervisor at all times. b. Remain alert for trains while personnel are on the wayside. c. Provide appropriate hand signals while facing oncoming trains. 3.3.5. For stationary work sites, the Flagperson will enter the wayside and post flags and/or lanterns defining the work area no less than 150 feet from the work site in accordance with the site specific plan. Portable trip stops, flags and/or lantems will be placed at the last possible entry points into the work area. The Flagpersons will remain in constant two-way

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TITLE: Wayside Access Procedure radio contact with Yard Tower, and will be advised of all train movements. No trains will be routed into the work area without authorization from the Primary Flagperson. 3.3.6. For moving work areas, flags and/or lanterns will not be posted. Multiple Flagpersons will be used and a Primary Flagperson designated. The Flagpersons will remain in constant two-way radio contact with Yard Tower, and will be advised of all train movements. No trains will be routed into the work area without authorization from the Primary Flagperson. 3.3.7. The Primary Flagperson will notify the team that work can begin only after verifying that all safety precautions are in place. 3.3.8. Upon completion of the work, all equipment and personnel will clear the wayside. 3.3.9. The Flagpersons will remove all applicable flagging and protection equipment. 3.3.10. The Flagpersons will verify that all personnel and equipment are clear of the wayside. 3.3.11. The Primary Flagperson will notify Yard Tower Supervisor that all equipment has been restored and request Yard Tower Supervisor to verify normal operations. 3.3.12. The Primary Flagperson will notify Yard Tower Supervisor to terminate the Yard Maintenance Restriction. 3.3.13. The Yard Tower Supervisor shall: a. Confirm termination of the Maintenance Restriction by the Flagperson. b. Notify all Yard Operators and Rail Service Supervisors in the yard that the Maintenance Restriction has been terminated.

3.4. YARD RED TAG (POWER DE-ENERGIZED) RESTRICTION PROCESS 3.4.1 . This process establishes the requirements for removing and restoring third rail power in the Yard Areas under a Yard Red Tag. 3.4.2. When working within an interlocking, a pre-planning walk through inspection of the work area requested will be completed by a Management representative from Track & Structures, Automatic Train Control and Electrical Power and Equipment. Upon completion of the walk through, a sign-off sheet will be completed and will be a part of the site specific plan. EP&E will provide a 10ckouUtag out check list for taking Yard tracks out of service. 3.4.3. The Electrical Power and Equipment Technicians (EPET), Rail Car Maintenance Supervisor and Flagperson will meet with the Yard Tower Supervisor prior to the start of the scheduled work period. They will review and confirm their respective Site Specific Work Plans and the Yard DC Breaker Schedule. 3.4.4. The three (3) piece YARD RED TAG will be utilized to secure and restore the scheduled worksite in the Yard. 3.4.5. The top portion of the YARD RED TAG will be used by the EPET to tag the wayside equipment (yard disconnect switch or pothead) which provides the required isolation (air gap). 3.4.6. The middle portion of the YARD Red Tag will be issued to the EPET and will be used by the EPET to secure and restore the work site. 3.4.7. The bottom portion of the YARD Red Tag will be retained by the Yard Tower Supervisor. Page 131 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 32 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure 3.4.8. The EPET will establish radio contact with the Yard Tower Supervisor via the two-way radio on the Yard frequency and will request permission to enter the wayside and verify the high voltage tester is operational. Once the high voltage tester is verified operational, the EPET will open the DC Breakers required to secure the work site in accordance with the Yard DC Breaker Schedule and the power isolation plan to begin the third rail power isolation process. 3.4.9. The EPET will then open the appropriate traction power DC feeder breakers from the Local Control Panel (LCP) and confirm status with the Yard Tower Supervisor. 3.4.10. The EPET will lock and tag the appropriate breakers and apply the top portion of the two­ piece Equipment Red Tag to the appropriate breakers in the Yard Substation and Gap Breaker Station. The EPET will retain the bottom portion of the Equipment Red Tag. 3.4.11. After verifying that the third rail in the work area is de-energized, the EPET will lock open the appropriate disconnect switch (or switches) and/or disconnect pothead cables that isolate the track (or tracks) in the work area and apply the top portion of the Yard Red Tag to the disconnect switch or pothead. 3.4.12. The EPET will then furnish and apply the Signal & Power Shunt Straps to the tracks that will remain out of service with power off. Upon completion, the EPET will inform the Yard Tower Supervisor of the completion of these actions via the Yard two-way radio. 3.4.13. If necessary to re-close the DC feeder breakers after opening the disconnect switches and/or potheads, the Yard Tower Supervisor will verify verbally by radio communication with the EPET the proper disconnect switches and/or disconnect pothead cables have been opened. The EPET will remove the equipment red tag and lock. The EPET will then close the DC feeder breaker. 3.4.14. After closing the DC feeder breaker, the Yard Tower Supervisor will notify the EPET. The EPET will then re-verify that power is still de-energized in the work area and that all Signal & Power Shunt Straps are properly installed. The EPET will confirm this information with the Yard Tower Supervisor via two-way radio. 3.4.15. The EPET will inform the Flagperson that the DC Breakers are opened, locked and tagged and the Equipment Red Tags applied; wayside disconnect switch(s) and pothead(s) have been secured. The EPET and Flagperson will verify that the Signal & Power Shunt Straps have been placed on the tracks that will remain out of service with power off. 3.4.16. The EPET will transfer the middle portion of the Yard Red Tag to the Flagperson. 3.4.17. The Flagperson will notify the Yard Tower Supervisor of the Yard Red Tag transfer. 3.4.18. The Flagperson will verify power is de-energized using high voltage tester on the out of service tracks and inform the Yard Tower Supervisor and request permission to place protective devices at the proper locations. The required safety equipment, lanterns and/or flags, trip stops and barricades will be placed in accordance with the site-specific plan. 3.4.19. The Flagperson will inform the Yard Tower Supervisor that all protective devices are in place and then request permission for the team to enter the restricted work area. 3.4.20. If for any reason the Flagperson must leave the immediate work site, other than to place protective devices, the Yard Red Tag will be transferred to a Secondary Flagperson. The Yard Tower Supervisor will be notified of the transfer before the Flagperson leaves the Page 132 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 33 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure area. Under no circumstances will the work team be left in the Yard Area without a Flagperson. 3.4.21. All additional (secondary) teams requesting to perform work in a restricted area must obtain approval and coordinate work requirements with the Flagperson. If such additional work is approved, the Primary Flagperson will notify the Yard Tower Supervisor of the nature of work and location of the additional work team. 3.4.22. When work is complete, the Primary Flagperson must ensure that the restricted track is clear for restoration of traction power and train traffic. 3.4.23. If the primary work crew has to clear the restricted area before the secondary work crew, the Primary Flagperson will inform the Yard Tower Supervisor of the Yard Red Tag transfer to the secondary work crew Flagperson. 3.4.24. After the Yard Tower Supervisor has been notified of the Yard Red Tag transfer, the Primary Flagperson will physically transfer the restriction paperwork to the secondary team's Flagperson who will confirm the restriction terms with the Yard Tower Supervisor and confirm that he/she is now the Primary Flagperson and is responsible for all work activity in the restricted area. 3.4.25. The Flagperson will notify the Yard Tower Supervisor that work is near completion and notify the EPET to stand-by for termination of the restriction. 3.4.26. Once the work team and equipment are clear of the wayside, the Flagperson will remove all protective equipment from the work area except the signal & power shunt straps which will be removed by the EPET. 3.4.27. Upon completion of all equipment removal the Flagperson will inspect the work area to ensure the restricted area is clear. 3.4.28. The Flagperson will notify the Yard Tower Supervisor the restricted area is clear and transfer the middle portion of the Yard Red Tag to the EPET to restore power. 3.4.29. The EPET will confirm with the Yard Tower Supervisor that the DC feeder breaker(s) supplying the work area are open. If the DC feeder breaker(s) has been closed as indicated, the EPET will open the breaker(s). The Yard Tower Supervisor will confirm with the EPET when the breaker(s) have been opened. 3.4.30. After receiving notification from the Yard Tower Supervisor that the DC feeder breaker(s) has been opened, the EPET will verify affected breakers are open and then lock and tag the breakers. The EPET will verify the third rail is de-energized with a voltage tester that has been tested on an energized third rail. 3.4.31. The EPET will then close any switches and/or reconnect pothead cables which were used to provide isolation (air gap), and remove the top portion of the Yard Red Tag or Equipment Red Tag if multiple red tags were required. 3.4.32. The EPET will then remove all signal and power shunt straps in the work area. 3.4.33. The EPET will then remove the lock(s) and Equipment Red Tag(s) from the appropriate DC Breakers and close the appropriate DC Breakers. After closing all applicable breakers the EPET will confirm with the Yard Tower Supervisor that all power has been restored.

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TITLE: Wayside Access Procedure 3.4.34. The EPET will then return the top and middle portions of the Yard Red Tag to the Yard Tower Supervisor.

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TITLE: Wayside Access Procedure ·t. o APPEi' DIX 4 - GLOSS.\RY OF TER\IS 4.1. Absolute Block: A block in which no train is permitted to enter while it is occupied by another train or on-track equipment. 4.2. Access Point: Location at which entry may be gained to the wayside. 4.3. Automatic Train Control System (ATCS): A system for automatically controlling train movement, enforcing train safety and directing train operations. The ATCS includes subsystems for automatic train operation, train protection, and line supervision. 4.4. Automatic Train Control Technician (ATCl): A MARTA employee from the Automatic Train Control office who is responsible for the maintenance and local operation of train control equipment. 4.5. Barricade: A device such as orange cones, construction barrels, A-frame, etc., that defines the limits of the out of service track. 4.6. Blue Flag Protection OP.4.3.03: A process enabling MARTA Personnel (at least Level 2 Certified) to remove a set of cars from service in order to protect personnel and equipment from train movements. 4.7. Certification, Level 1 : Certified to enter the wayside under the direct supervision of MARTA staff certified at Level II or higher. Annual re-certification is required. (Examples: contractors or visitors) 4.8. Certification, Level 2: Dedicated Lookout Person is certified to initiate Simple, Inspection or Safe Clearances. Annual re-certification is required. (Examples: Safety, Radio Maintenance, Facility Maintenance personnel and Station Agents). 4.9. Certification, Level 3: Certified MARTA Flagperson authorized to initiate and execute all clearances and restrictions defined in the Wayside Access Procedure. Annual re­ certification is required. (Examples: ATC, EP&E,T&S and Rail Transportation). 4.10. Checklist: A form used to ensure all listed activities are followed according to procedures. 4.11. Clearance: A method by which authorized MARTA employees may gain access to the mainline or yard with unrestricted train movement. 4.12. Contractor: A non-MARTA company or individual who provides specified materials or services 4.13. Control Inhibits: Computer commands activated by Rail Service Control Center or YTS on system points to block all further commands to that system point. (Example: DC Feeder Breakers) 4.14. De-energized Track Circuit: Causing a track circuit to show occupancy by use of vital circuitry, also known as dropping a track circuit. 4.15. Dedicated Lookout Person: A member of the work team who initiates clearances and whose sole function is to watch for approaching trains and to maintain radio communications with the RSCC or Yard Tower Supervisor and must be at least Level 2 Certified.

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TITLE: Wayside Access Procedure 4.16. Downstream Interlocking: The interlocking through which normal direction train traffic exits a restricted work area. 4.17. Electrical Breaker: Electrical circuit protector and interrupter. 4.18. Electrical Power and Equipment Technician (EPET): A MARTA employee from the Electrical Power and Equipment Branch who is responsible for maintenance and local operation of traction power equipment. 4.19. Emergency: An unforeseen circumstance or event which threatens life, property or causes significant disruption to rail service and calls for immediate attention. 4.20. (ERT), Equipment Red Tag for Mainline: A three-piece red tag which is issued by Rail Service Control Center to authorize wayside access in work areas that requires removal of third rail power and breakers to be locally locked and tagged. This power outage is used when work is performed directly upon the third rail. It is requested via the Site Specific Plan and the Weekly Track Allocation Schedule. (Examples: Coverboard replacement or third rail replacement). 4.21. (ERT), Equipment Red Tag for Yard: A red three-piece tag which is issued by the Yard Tower Supervisor to authorize wayside access in work areas within the Yard boundaries that requires removal of third rail power and breakers to be locally locked and tagged. 4.22. Exit Prohibit: An electrical lock-out circuit that uses either toggle switches on the local control panel, or the train control work station, to prevent the use of a given gate as an exit point in establishing a route through an interlocking. 4.23. Flags: Red, yellow, green, or blue lights or cloth flags, which are used to define a restricted track section or equipment. Flashing lights will be used inside tunnels at all times. Outside tunnels, flashing light will be used for 30 minutes before sunset until 30 minutes after sunrise or in times of poor visibility. • Red flags mean stop. • Yellow flags mean not to exceed 25 miles per hour and be prepared to stop short of any obstruction. • Green flags mean proceed at normal speed. • Blue flags mean equipment is out of service and not to be moved or coupled. 4.24. Flagperson: See Certification, Level 3. \ 4.25. Flagperson, Primary: When two or more Flagpersons are involved in the same piece of work, their supervisor shall designate one as the "Primary". Specific responsibility as described in the relevant procedure. 4.26. Flagperson, Secondary: A secondary Flagperson that may be assigned to a work team on an as needed basis. 4.27. Gap Breaker: An electrical switching station capable of isolating traction power circuits. 4.28. Generic Restriction: A standard station to station restriction, used in conjunction with maintenance restrictions and published daily on the Train Operators Restriction Information Sheet (TORIS).

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TITLE: Wayside Access Procedure 4.29. Hand Signals: A manual signal given to the train or OTE operator from a signaler/Flag person by hand, flag or flashlight. • Proceed: Hand raised and lowered vertically while signaler faces the Operator. • Caution: Hand hold away from the body to one side in a steady position while the signaler faces the Train Operator. • Stop: Hand swung horizontally across body with arm fully extended down while signaler faces Train Operator. Movement of arm should continue until train stops. 4.30. Hi-Rail Access: Wayside access point where a hi-rail vehicle can convert from highway wheels and gain access to the system track. 4.31. Hi-Rail Vehicle: A vehicle capable of both rail and highway travel. 4.32. High Voltage Tester: A hand-held, portable high voltage testing device used to determine if the third rail is energized. 4.33. Inside or Outside Interlocking Restriction: Restriction applies to stationary work inside or outside mainline interlocking. 4.34. Inspection: Examination and documentation of wayside equipment and conditions. 4.35. Interlocking: An arrangement of running rails, signals and control apparatus that allows for switching of a train onto different tracks or along different routes. 4.36. Maintenance Supervisor (MS): Supervisor responsible for work team performing work assignments on the rail system. The individual who ensures that all MARTA procedures and policies are followed. 4.37. Manual Block: A section of track with defined limits which is controlled by written or oral instructions from the RSCC instead of by signals. 4.38. Moving Equipment Restriction Process (ME): This restriction allows for the movement of non-revenue vehicles and equipment over Mainline, Yard and Secondary Tracks. 4.39. Moving Work-Site Restriction: This restriction applies to moving mainline work-site. 4.40. Normal Traffic: Prescribed direction of traffic as specified by the rules; usually, the direction in which all regularly scheduled revenue service operations are conducted. 4.41. On Track Equipment (aTE): Maintenance vehicles utilizing MARTA's rail system including, but not limited to: tampers, ballast regulators, rail grinders and hi-rail vehicles, (including contractor vehicles). 4.42. On Track EqUipment Operator (OTEO): Equipment Operator certified per the requirements of procedure OPA.3.04 and as Level 3 of this procedure. 4.43. Personal Protective Equipment (PPE): Equipment designed for personal protection including but not limited to the following as required: 2-way Radio, MARTA Approved reflective safety vest with a Current WAP Certification Badge, MARTA Photo Identification Badge, flashlight, Train Operator Restriction Information Sheet (TOR IS), Whistle and/or Air Horn, Safety Glasses, Safety or Work Shoe, High Voltage Gloves, High Voltage Tester Hardhats, Hearing Protection, and Third Rail Blankets.

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TITLE: Wayside Access Procedure 4.44. Portable Trip Stop: A mechanical device installed by a Flagperson, which trips the brake cock of the train initiating an application of the emergency brake system. 4.45. Piggyback: Term utilized when more than one work crew occupies more than one work site in a restricted block of track. Wayside flagging will be posted in accordance with the site-specific work plan and flagging schematic 4.46. Primary Work Team: Work team to which the track restriction is granted by the Rail Service Control Center or the Yard Tower. 4.47. Railbound Maintenance Equipment: Vehicles that are capable of rail travel only. 4.48. Rail Service Control Center (RSCC): Location from which train, OTE and personnel movement is remotely supervised and controlled throughout the rail system. 4.49. Readback: A command used when the speaker has completed an instruction and directs the listener to repeat the instruction back to the speaker (Le. RSCC or Yard Tower) exactly as given to confirm the correct understanding of the complete instruction. 4.50. Red Tag: A red one or two-piece paper tag which is placed on inoperative or out of service equipment. 4.51. Restriction: A condition which limits the normal operation of trains through a defined section of trackway. Each Restriction is defined by specific trackway limits. 4.52. Reverse Traffic: A route which is in the opposite direction of normal train traffic. 4.53. Route: An alignment of track switches and governing wayside signals through an interlocking, this defines a path for vehicle movement, controlled by the Automatic Train Control System. 4.54. Safe Clearance: Method by which personnel are authorized to gain access to mainline or yard wayside outside of the train envelope for the purpose of conducting work. 4.55. Safety Vest: Vest, safety, ANSIiISEA 107- 2004 compliant Class II, breakaway, 2"-3M Scotchlite reflective trim. Lime in color. 4.56. Secondary Work Team: Work team that has been approved at the Project Initiation Meeting and authorized by the Primary Flagperson to work in a restricted track area occupied by the Primary Work Team. 4.57. Signal, Wayside: A signal of fixed location on the wayside utilizing color lights to indicate a condition governing the movement of trains or OTE. • RED - indicates stop • FLASHING GREEN - proceed on main route as directed by RSCC • STEADY GREEN - proceed over diverging or turnout route as directed by RSCC • AMBERIYELLOW - proceed with caution prepared to stop at next signal as directed by RSCC or Yard Control • LUNAR WHITE - proceed to enter an occupied track, storage track or shop track prepared to stop short of any obstruction 4.58. Signal & Power Shunt Strap (Three Point Strap): A safety device made of insulated cable and three devices for attachment to each running rail and the adjacent contact rail. Page 138 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 39 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure The purpose of this device is to: (1) show track occupancy by shunting the signal system, and (2) prevent power from being applied to a de-energized contact rail by creating a direct short. This short is detected by the load-measuring circuit, thus disabling the breaker. 4.59. Simple Clearance: Provides a method to access the wayside for five minutes or less by authorized MARTA staff. 4.60. Signal Shunt Box: A fixed safety device located at hi-rail accesses designed to show track occupancy by shunting the signal system. 4.61. Single Tracking: Bi-directional operation on a single track while the adjacent track is out of service. 4.62. Site-Specific Plan: A set of written documents that may include a DC Breaker Schedule, Exit Prohibit Plan, Single-Tracking Procedure, Flagging Schematic, Mainline and/or Yard Red Tags, Track Allocation Schedule, Checklists, and the TORIS Sheet. 4.63. Storage Track. Mainline: A track connected to the mainline revenue track, but used only for storage and emergency traffic. 4.64. Supervisory & Control Rail Controller (SCC): Person located in the Rail Service Control Center Facility who is responsible for remotely monitoring and controlling the Traction Power System and other supervisory functions necessary to operate the system in a safe manner. 4.65. Supervisory Outage: The process by which third-rail power is de-energized from the RSCC S&C console with control inhibits. Breakers are not locally locked and tagged and should only be used when chance of contact with the third rail is minimal. (Example: roof repair, lightning rehabilitation, and running rail replacement). 4.66. Switch Tender: Certified Flagperson who is also OTE certified that is assigned to take manual control of a switch and flag trains once correct routing is established. 4.67. Third Rail (Contact Rail): Rail section attached to the track ties by insulators, protected by an insulated cover (coverboard), which carries 750 volts dc. 4.68. Third Rail Insulating Blanket: Insulated blanket utilized to enhance safety for personnel working in vicinity of energized contact rail(s). Insulating blankets must comply with the requirements of the current ASTM Designation D178, Standard Specifications for Rubber Insulating Matting, Type 1, Class 2. 4.69. TORIS (Train Operator Restriction Information Sheet): A schedule of activity on the mainline track covering a one day period. This document contains the date and time of work and the applicable restrictions by location and number. 4.70. Track Allocation Schedule (TAS): A rolling six-week schedule of work and event activity on MARTA's rail system. 4.71. Track(s) Out of Service: No train entry on out of service track(s). 4.72. Traction Power: DC Electrical Power needed to propel MARTA Trains. This power is delivered to the trains by the third rail (contact rail).

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TITLE: Wayside Access Procedure 4.73. Traction Power Substation (TPSS): Remote electrical facility used to house equipment which generates DC power for the contact rail. 4.74. Train Approach Restriction: Restriction applies to stationary or moving work inside or outside mainline interlocking utilizing a speed restriction. 4.75. Train Control Rail Controller, RSCC (TCC): A staff member of the Rail Service Control Center who is responsible for directing and controlling vehicle movement on the mainline. 4.76. Train Control Room (TCR): A room that houses relays and vital circuitry of the ATC System, which governs train movement for that particular TCR zone. 4.77. Train Envelope: That area extending 7.5 feet from the center line of the track. 4.78. Upstream Interlocking: The interlocking through which normal direction train traffic enters a restricted work area. 4.79. Wayside (Mainline): The MARTA mainline track right-of-way is defined as the track and supporting structures enclosed by the first fence line, wall, barrier, handrail, or platform encountered when proceeding away from the track center line. 4.80. Wayside (Yard): The MARTA Yard track right-of-way is defined as any area not designed for motor vehicles or pedestrian passage (roadways and aprons) inside the perimeter fence line. An example of defined yard right-of -way would be the train wash or ballasted track areas. 4.81. Wayside Inspection Clearance: The method by which authorized MARTA employees may gain access to the mainline or yard right-of-way for inspection purposes and minor maintenance only. 4.82. Work Site: The immediate work area reserved for and/or occupied by a work team and identified by the Site-Specific Plan. 4.83. Yard Tower: Facility located in rail yards that houses the mechanical and electrical control switches that remotely control vehicle movements and traction power DC feeders and gap breakers within the yard boundaries. 4.84. Yard Tower Supervisor: Rail Service Supervisor stationed in the Yard Tower who remotely directs and controls all rail traffic and wayside activities in Yard areas.

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TITLE: Wayside Access Procedure 5.0 APPENDIX 5 - ROLES AND RESPONSIBILITIES

Personnel Role Responsibility ATC Technician (ATCT) Provides local operation of Local operation of train control train control equipment. equipment in accordance with Site Specific Plan.

EP&E Technician (EPET) Provides maintenance and Local operation of traction local operation of traction power equipment to conform power equipment. to the Site Specific Plan Breaker Schedule.

MARTA Certified Flagperson Installs the safety equipment Proper placement of the site specified in the Site Specific specific safety equipment. Plan. Watches for oncoming Liaison between the wayside traffic. Directs movement of personnel and RSCC. Work traffic through the work site. site safety with respect to the Operating System.

Dedicated Lookout Person Designated in the clearance Maintain constant vigilance for (Level 2 or above) processes to remain alert for oncoming traffic. Notify work trains. team of approaching trains.

Maintenance Supervisor (MS) Directs the work team Responsible for work team activities. performing work assignments on the rail system. Ensures that MARTA procedures and policies are followed.

Director of Rail Transportation Oversees the activities Responsible for the operation inherent to the operation of of the Rail System. the MARTA Rail System.

Train Control Rail Controller Remotely controls access to The proper energizing and de- RSCC (TCC) the wayside and energizing energizing of power and and de-energizing traction control of wayside access as power. indicated on the Site Specific Plan.

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TITLE: Wayside Access Procedure Personnel Role Responsibility Supervisory & Control Rail Remotely controls access to The proper energizing and de- Controller RSCC (SCC) the wayside and energizing energizing of power and and de-energizing traction control of wayside access as power. indicated on the Site Specific Plan.

Yard Controller (Yard Tower Directs and controls all rail The safe movement of trains Supervisor) traffic and wayside activities through yard work site in in yard areas. compliance with the Site Specific Plan.

Office of Safety Periodically audits site plans Report any discrepancies to for compliance with Site the Site Supervisor, RSCC, Specific Plan and Safety AGM of Police and Safety. Rules. Investigate reports of Investigate incidents. violations or incidents.

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TITLE: Wayside Access Procedure

Errata Sheet

Previous Revision: Interim Wayside Access Procedure, Ref. No.: 10.3.51; Revision #4 dated 5/11/00

Previous Revision: Wayside Access Procedure, Ref. No.: 10.3.51; Revision #5 dated 7/27/00

Previous Revision: Wayside Access Procedure, Ref. No.: 10.3.51; Revision #6 dated 2/14/02

Current Version Wayside Access Procedure, Ref. No.: 10.3.51; Revision #7 02/20/2013

Page 143 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 44 of 52 marta~ PROCEDURE

TITLE: Wayside Access Procedure Figure 1. RSCC EmergencylUnplanned Maintenance Access Checklist marta RSCC EMERGENCY!UNPLANNED MAINTENANCE WAYSIDE ACCESS CHECKLIST

Date: ____ Start time: ____ End lime: ___ _

Time W/whom By/whom 1 Establish CommWlicatims with the RSCC

2 o For an Emergency, the on·site communicator (OSe) will be established by RSCC.

3 o For Unplarmed Maintenance, the Flagpersm wiD be established as the on-site camlUrucat

NameofOSC:

Radio Nwnber:

4 N oillY all app licab Ie persamel

5 Protecting personnel and equipment at the incidentJmaintenance site.

Location of incidattJwoIk area:

Safety & Protective Devices installed:

Location offlagging:

Mode of train Operatim:

ID gates where exit prohib its a~ located:

Number of workers in the work crew:

6 General broadcast updates provided at the following times:

7 Nonnal operations restored:

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY www.ihmorto.com

Page 144 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 45 of 52 marta, ," PROCEDURE

TITLE: Wayside Access Procedure Figure 2. Record of Concurrence and Receipt Form (for Rail System Work Restrictions)

marta Record of Concurrence and Receipt For Rail System Work Restrictions

1his.l0I711 shal/IN compleled priar 10 initio ling Oil)' 1l'00k pllJlm~d olllh~ mail/line 01'wi11Jl1l11", jlll'l.\'dhtiwr (~/lh" I'anl 11,e si/:na/tlrf!.\' bo:lull' i"dical~ all personnel haw n!',·iell'~d. ug"

D~: ______

Restriction # I : Restriction #3: LocationITrack: Locationrrrack: ______

Restriction #2: Restriction #4: Location/Track: Locationrrrack:

Im~ ,I' 'IJ~ RSCC Superintendent Line Superintendent Line Superintendent RSCC Train Controller RSCCS&C Controller Avondale Yard Tower SupeMsor Soulb Yard Tower Supemsor Annour Yard Tower Supervisor ATC Representative EP&E Representative Track Representative Secondary Work Crew Representative Secondary Work Crew Representative Other

Additional Comments: ______

Fonn No, WAP·2. Rev. I

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TITLE: Wayside Access Procedure Figure 3. Flagperson & Maintenance Supervisor Checklist

Flagperson Checklist for Track(s) Out of Service

Initiation

__T&S , EP&E and ATC personnel confirms and reviews the Track Allocation Schedule and the .Sile Specific Plan with his/her supervisor or designee and receives a copy.

__T&S. EP&E and ATC personnel confirm and review TAS with the SUperintendent at RSCC.

__Primary Flagperson or designee receives and assumes responsibility for the Flagperson' s portion (middle portion) of the Mainline Red Tag (MRT) from the Supervisory and Control Controller (SCC). who retains the bottom portion and gives the top portion to the Train Control Controller (TCC).

__The MRT will indicate the Mainline Red Tag Number, TAS Restriction Number, type of equipment, number of personnel in the work crew, current date, time on track, location, time off track, identity of the Primary Flagperson, Co-Primary Flagperson, and the Primary Flagperson's Supervisor.

__Upon arrival at the access points of the approved worksite, all F1agpersons establish two·way radio communication with the Rail Services Control Center.

__The Primary Flagperson requests permission from Rail Services Control Center to place the Single Track Restriction (Mainline Red Tag) Into etrect by specifying the Track Allocation Restriction number and the Mainline Red Tag Number.

__The Primary Flagperson requestsJreceives permission to enter the wayside to vertfy the high voltage tester (hot stick). The '''hot slick" operation will be tested and verified on a track that is energized. The Primary Flagperson will confirm proper operation or the high voltage tester with RSCC.

__The Flagpersons at the upstream, downstream, and Interconnecting (If applicable) interlockings will obtain permission to enter the wayside and verify that their high voltage testers are functioning properly by testing them on energized third rail and confirms this with RSCC.

__Upon notification from RSCC that power has been de-energized, the Flagpersons at the upstream, downstream, and interconnecting (if applicable) interlockings request permission from RSCC to enter the wayside to verify de.energization of power and to place safety and flagging eqUipment.

__USing the high voltage tester, the Flagpersons at the upstream, downstream, and interconnecting (if applicable) interlockings verify that the contact ralls are de-energized at upstream, downstream, and interconnecting (if applicable) interlockings and will confirm the same with the RSCC.

__The Flagpersons at the upstream, downstream, and interconnecting (if applicable) interlockings will place the required safety and flagging equipment at the proper locations (see the Site SpecifIC Plan - Flagging Equipment Schematic for details). The Flagpersons will then notify the RSCC, the Primary Flagperson, and the Maintenance Supervisor (if applicable) that all safety and flagging equipment at the upstream and downstream interlockings has been placed according to the Site Specific Plan - Flagging Equipment Schematic.

__The RSCC will confirm with the Flagpersons at the upstream, downstream, and interconnecting (if applicable) interlockings that the signal and power shunt straps are providing the required occupancy indications.

If On-track Equipment is to be utilized, refer to the Absolute Blocking Procedure

__ Upon arrillal at the work site, the Primary Flagperson will again verify the continued functionality of the high voltage tester by obtaining permission from the RSCC to test it on a known energized contact rail and notify the RSCC of proper operation.

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TITLE: Wayside Access Procedure Figure 3. Flagperson & Maintenance Supervisor Checklist (continued)

Flagperson Checklist for Track(s) Out of Service

Using the high voltage tester, the Primary Flagperson at the work site will verify that the contact rails are de-energlzed at the work site and will confirm the same with the RSCC and the Maintenance Supervisor (if applicable) .

__All additional work crews wishing to perform work in a restricted area must obtain approval from and coordinate work requirements with the Primary Flagperson and the Maintenance SUpervisor (if applicable). who holds the original track restriction authorization If such additional work is approved, the Primary Flagperson will notify the RSCC of the specific location, type of eqUipment required, position within the rail clearance envelop, and of the work to be performed. The Secondary Flagperson and Maintenance Supervisor (if applicable), Will be responsible for following all applicable sections of this and other relevant Marta Safety Procedures. Upon termination of the track restriction, the Primary Flagperson and the Maintenance Supervisor (if applicable), must ensure that the restricted track, including the work area/areas of the secondary work creN/crews, is clear for restoration of traction power and revenue train traffIC.

__If the primary work crew has to clear the restricted area before the secondary work crew, the Primary Flagperson or the Maintenance Supervisor (if applicable), will notify the RSCC and the Secondary Flagperson or Maintenance Supervisor (if applicable), and inform the RSCC that the restriction Is transferred to the Secondary Flagperson or MaIntenance SUpervisor. The Primary Flagperson or Maintenance Supervisor will insure that his/her work site is clear and will then physically transfer the restriction paperwork to the Secondary Maintenance Supervisor and/or hislher Flagperson. The Secondary Maintenance Supervisor and/or Flagpenoon will then confirm the restriction terms with the RSCC and confirm that he/she is now the Maintenance Supervisor or Primary Flagperson and is responsible for all work activity in the restricted area.

SIGNATURE AND EMPLOYEE NUMBER:

Primary Flagperson: Maintenance Supervisor:

DATE:

• Silo Speoifio PI .. in.1",,", Bn.kI., ATC Exit P".hibit PI .., ATe Siflgl. Tn.IIiD._. c.r oppu .....), ",dPha;1\fI Sohcnoooi ..

Page 147 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 48 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure Figure 3. Flagperson & Maintenance Supervisor Checklist (continued)

Flagperson Checklist for Track(5) Out of Service

Termination

__Upon notification that the work crew is ready to tenninate the restriction, the upstream, downstream, and interconnecting (if applicable) interlocking Flagpersons will proceed to the upstream. downstream, and Interconnecting (If applicable) Interlockings and prepare to remove all safety and flagging eqUipment, At this time, the Primary Flagperson Will notify the RSCC that they are preparing to terminate the restriction

On-track equipment will be removed per the Absolute Blocking Procedure.

__Upon completion of the work, the Primary Flagperson and the Maintenance Supervisor (if applicable) must Inspect the restricted area to ensure that the area is clear of all personnel, eqUipment, and materials. The RSCC must be notified of the nature and location of any work equipment and materials that must be left on the wayside. The Primary Flagperson and the Maintenance SUpervisor (if applicable), must ensure that these items do not and will not encroach on train movements.

__Upon completion of all work equipment removal from the restricted track, the Primary Flagperson will notify all Flagpersons and the Maintenance Supervisor (if applicable), that all work equipment and material are ·clear of the restricted track area.

__The Primary Flagperson will notify all applicable Flagpersons and inlorm them to remove all safety and flagging equipment. All applicable Flagpersons will then notify the Primary Flagperson that all safety and flagging equipment has been removed. The Primary Flagperson will then notify the RSCC, and the Maintenance Supervisor (if applicable), that all safety and flagging equipment has been removed and that all personnel and equipment are clear the restricted track and the restriction may be tennlnated.

__The Primary Flagperson will remain in position and verify that power has been restored before leaving the worksite.

__The Primary Ragperson will then return the Flagperson's portion (middle) of the Mainline Red Tag and the original signed and dated Flaaperson's & Maintenance Supervisor's Checklist to the RSCC.

SIGNATURE AND EMPLOYEE NUMBER:

Primary Flagperson: M

DATE:

Page 148 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 49 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure Figure 4. Train Approach Speed Restriction Request Fonn

TRAIN APPROACH SPEED RESTRICTION REQUEST

TO: AUTOMATIC TRAIN CONTROL: 404·848·32731 FAX 404·848·3268

FROM: REQUEST DATE:

TRACK(S): ------LOCATION:

ENG. CHAINING OF WORK AREA FROM: TO:------MINIMUM SITE DISTANCE: 0 450 FEET 0 750 FEET

START DATE: START TIME: ______

STOP DATE : STOP TIME:

"·FOR ATC USE ONLY'" ATC APPROVALS: ------DATE: ------TCR LOCATION(S):

Cl 25 mph TSR ZONE(S):

Cl 15 mph TRACK CIRCUIT(S):

···FOR ATC USE ONLY"· TO BE COMPLETED BY ATC INSTALLATION TEAM

DATE INSTALLED: TIME: ------BY: RESTRICTION #: ------Cl VERIFICATION BY RIDING TRAIN: (RADIO NUMBER)

Cl FLAGPERSON NOTIFIED: (RADIO NUMBER)

FLAGPERSON REQUESTING TERMINATION: (RADIO NUMBER) ------ATC FOREMAN CONFIRMING TERMINATION:

DATE LIFTED: ______TIME: ______

BY:

Revision 2 1-1-2009

Page 149 STANDARD ISSUE DATE SOP NO. Page 50 of 52 OPERATING 02·20·2013 10.3.51 marta PROCEDURE

TITLE: Wayside Access Procedure Figure 5. ATe Special Single Tracking Procedure Request Form

ATC SPECIAL SINGLE TRACKING PROCEDURE REQUEST

TO: ATC ENGINEER 404-848-3017. FAX 404-848-3268. CELL 404·427-7263 REQUESTOR: ______PHONE: ______

REQUEST DATE(S): ______

TRACK(S): ______

SINGLE TRACKING BLOCK: ______

TRACK ENGINEER CHAINING OF HI-RAIL VEHICLE f WORK AREA INSIDE THE INTERLOCKING LIMITS FROM: ______TO: ______

START DATE: ______START TIME: ______

STOP DATE: STOPTIME: ______

WORK DESCRIPTION: ______

'SPECIAL REQUIREMENTS'

• SWITCH MACHINE MANUAL OPERATION: o YES D NO

IF YES, LIST SWITCH MACHINE(S): ______

• TURNOUT ENCROACHMENT: CI YES D NO

IF YES, MAXIMUM CHAINING LOCATION: ______

• ATC EQUIPMENT REQUIRED TO BE REMOVED AND RE-INSTALLED:

'FOR ATC USE ONL V'

APPROVAl: ______DATE: ______

TCR LOCATION(S): ______

INSTAlLATION TIME: ______REMOVAL TIME: _____

Pagel 50 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 51 of 52 marta~ PROCEDURE

TITLE: Wayside Access Procedure Figure 6. ATe Maintenance Restriction Support Request

ATC MAINTENANCE RESTRICTION SUPPORT REQUEST

TO: ATC 404-848-3870, -3455, -3448, -3273, -3017, -3276 FAX 404-848-3268

REQUESTOR: 1 1PHONE:

REQUEST DATE(S)IL- ______-J

LOCATION AND TRACK(S):

TYPE OF MR RESTRICTION: 1'--______----'

TRACK ENGINEER CHAINING OF WORK AREA

FROM: II..-______----'1 TO: 11..-______--'

START DATE: '--______---'1 START TIME: IL- ______----'

STOP DATE: 1 1STOP TIME:

WORK DESCRIPTION:

·SPECIAL REQUIREMENTS· • SPEED RESTRICTIONS: DYES D NO IF YES, UST CHAINING LIMITS: 1' ------.

• IF MULTIPLE TRACKS, 1 AT A TIME OR ALL: D ALL D 1 TRACK AT A TIME IF 1 AT A TIME, WHICH FIRST: 1.------,1

• LOCATION OF JOB BRIEFING MEETING and CONTACT PERSON I PHONE NUMBER:

*FORATC USE ONLY'" APPROVAL: ______DATE: ______

TCR LOCATION(S): ______

INSTALLATlON TIME: ______REMOVAL TIME: ______

3-1-2010

Page 151 STANDARD ISSUE DATE SOP NO. OPERATING 02-20-2013 10.3.51 Page 52 of 52 marta PROCEDURE

TITLE: Wayside Access Procedure

Exhibit A - Guidelines for utilizing third rail insulating blankets As added protection for personnel working in the vicinity of an energized third rail, insulating blankets may be utilized provided the following conditions are satisfied. 1. Third rail insulating blankets shall be placed in accordance with the site specific plan and will extend a minimum of three (3) ft each side of immediate work area. 2. Insulating blankets shall be positioned on the third rail coverboard and extend down to the crosstie or rail fastener on the open side of the coverboard. 3. When utilized during restrictions with train service operating on the restricted track, i.e. maintenance restrictions, personnel will be assigned to position and remove blanket to allow safe train passage. 4. Personnel installing or removing insulating blankets shall wear high-voltage gloves and safety glasses. 5. Visual Inspection - Each user will visually inspect the blanket prior to each use. Damaged or worn blankets will be reported to the front-line Supervisor and removed from service. 6. In-Service Date- Each third rail mat will be permanently stamped with the date in which it was placed in service. 7. Inspection Cyc/e- Each third rail blanket will be die-electric tested by the Electrical Power & Equipment Branch every 90 days and the inspection date will be permanently stamped onto the blanket. If the blanket fails, it will be removed from service by EP&E. 8. Examples of activities permissible for work in the center of the trackway or on the rail farthest from the third rail while using the third rail insulating blankets with energized contact rails are as follows: a. Tightening or replacing rail clips e. Switch maintenance b. Replacing rail fasteners f. Hand tamping with manual equipment c. Installing plugged rail g. Frog Repair (welding and d. Rail welding and grinding grinding) 9. Examples of activities permissible for work on the third rail side of the trackway while using the third rail insulating blankets with energized contact rails are as follows: a. Train stop arm maintenance d. Conduit Repair b. Switch Machine Maintenance e. Entering and exiting pull boxes and manholes c. Impedance bond cable thermite welding 10. Third Rail Insulating Blanket Specifications-Insulating rubber mat complying with the requirements of the current American Society for Testing and Materials (ASTM) Designation: 0-178-93 Standard Specifications for Rubber Insulating Matting, Type I, Class 2, with corrugated design on one surface. Any change to these specifications must be reviewed and approved by the Electrical and Power Equipment Branch in conjunction with the Office of System Safety.

Page 152 ATTACHMENT C

QUESTIONNAIRE TO REQUEST NEW CHEMICAL PRODUCT . (To be completed electronically by Requestor) ALL ENTRIES MUST BE COMPLETED BEFORE THE REQUEST WILL BE PROCESSED BY " MARTA DSQA Please- review the MSDS for the new chemical product being requested to assist in the completion of this questionnaire. The most current, complete, and legible manufacturer's MSDS must be submitted to MARTA Department of Safety and Quality Assurance (DSQA) along with this new chemical product request questionnaire.

R eques t or ' s N arne, D epart ment L, an d Phone N urn b er: Name Department . Phone No. Date of Request

Trade Name of New Chemical Product: I~ ______~ I · Manufacturer, Imrrter, or Vendor Name and Address: I Name:

Description of Proposed Use (Job Function) for the New Chemical Product:

STORAGE CONDITIONS

Description of Storage Container: Container Type (Drum, Bottle, Other) Container Size (Volume, Weight, Other) Container Material (Plastic, Metal, Other)

Are there any special storage requirements? (e.g., double containment, cylinder tie-down, separation from incompatible materials, etc.)

.

If there are special storage requirements required for the new product, how wilrsucii- --' .---­ requirements be addressed?

Page 1 of 3 marta~" .1 METROPOLITAr~ ATLANTA RAPID TRANSIT AUTHORITY

Estimated Max Storage Onsite and Annual Usage (If proposed as single use, provide estimate as "Single Use Only") Gallons Max Onsite Storage Pounds or 0 0 Gallons Annual Usage Pounds or 0 0 Gallons Single Use Only Pounds or 0 0

JUSTIFICATION FOR PRODUCT SUBSITUTION OR NEW PRODUCT USE

Is the product a substitution for an existing product currently in use? If so, what product is currently being used for the existing job function? Why is product substitution required at this time?

What are problems with the existin

Overall Justification for Product Substitution/New Product Not a Substitute l J Reliability Issue D Safety or Environmental Issues D Higher Cost of Current Product [ ]

PERSONAL PROTECTIVE EQUIPMENT REQUIREMENTS

Do ou have Personal Protective Equipment (PPE) required for use of this product per MSDS? Yes 0 No 0

Res iratory Protection i.e., respirator or filter mask):

If PPE is required, have you and your employees been trained to use the PPE that is required to use this roduct per the MSDS? Yes 0 No 0

Page 2 of 3 marl:av~_ .1 METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

If ventilation is required for this proposed product use, how will you address this issue? Outdoor Use 0 General Room Ventilation 0 Local Exhaust Ventilation 0 Vented Hood/Sink 0

Does requestor currently have all required safety program measures in place for required PPE? (e.g ., if respirators are mguired, are all employees qualified for respirator use?)

WASTE MANGEMENT ISSUES FOR NEW PRODUCT

Will the product be consumed during use or will residual or waste material be generated? Product Consumed Durin Use 0 Waste Material Generated 0

If ~ro d uct· IS not consume d ,w h att [~pe 0 f waste will be generated? Solid (includes sludge) D Liquid 0 Gas D

How will waste material be disposed? (8ewer disposal, landfill disposal, destruction, or recycling) Sewer Disposal [ ] Landfill Dis~osal D Destruction 0 Recycling 0

What other waste material will be generated (e.g., rags, empty containers, PPE, etc.) or created during the use ofthe new chemical product?

** Please submit completed questionnaire, including MSDS, to DSQA at the following email address:[email protected] **

Page 3 of 3 ATTACHMENT D

rriarta~~ ·.. r' ~ET~OPOLI TAN ATLANTA RAPID TRANS'"T AUT~OR'TY ." .... ". '. : .. -~ . ~- . - . " ,. ~ .- laredo - Environmental Management System (EMS) MARTA'S ENVIRONMENTAL POLICY STATEMENT

"MARTA is committed to compliance with environmental statutes, regulations, and other MARTA requirements and to providing safe and cost-effective pollution prevention measures by controlling and minimizing the disposal of waste or emissions generated/released from MARTA operations and construction. MARTA's management and employees are committed to continual improvement in environmental compliance that contributes to the environmental well-being o/the community; a safe and healthful workplace; and the overall quality of life of the people living in the region. Environmental objectives and targets will be developed to specify goals and to evaluate improvement through monitored performance."

Key Areas of Laredo - Four Significant Aspects

What is an Environmental Aspect? An environmental aspect is a feature or characteristic of an activity, product, or service that affects or can affect the environment. These are the four (4) significant aspects that MARTA has targeted at the Laredo facility: • Bulk Fluid Management - Reduce the potential for accidental spills and promote efficient use and management of bulk fluids. o Operational Control: Only proper loading & unloading and transfer'SOPs will be followed, with MARTA Supervisor or designee to observe any onsite loading & unloading operations for any bulk fluid in containers or tanker trucks. " o Operational Control: During transfer activities, MARTA and contractor will ensure that amount intended for loading and/or unloading is loaded and/or unloaded. • Special Waste Management - Properly manage all special wastes (e.g., universal wastes, spent lead-acid batteries, tritium signs) and improve waste tracking and operational efficiencies. o Operational Control: SOPs and Waste Management Plan for waste tracking, storage, and disposition requirements. • Bus Wash Water Pollution Prevention - Properly contain all bus wash activities and perform O&M as necessary to maintain all recycling and pollution prevention devices. . a Operational Control: All washing must be done inside buildings or in contained washing areas. The bus wash recycle system must be serviced and maintained on an as-needed basis. All washing activities using cleaning chemicals can only be done after vendor instructions (e.g., product dilution requirements) are provided. • Bus Idling - Minimize air emissions and fuel wasting from bus idling activities. a Operational Control: Per MARTA Policy, no vehicles may idle onsite for more than 15 minutes. Contractors must also adhere to this policy.

Laredo-ED-4.4.6·9 Revision Date: 6/19/2014 WARNING! This document is uncontrolled when printed. It is the user's responsibility to ensure th.e most current version is referenced and implemented. Print Date: 8/8/2014

Page 1 of 4 marta~ . I METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

IIDO"s IIDON'T"s DO submit "New Product Request" forms for any new Do NOT dispose of any wastes or wastewater into sewer chemicals to MARTA for review ten (10) days prior to the drains (either inside the buildings or outside the start of work. buildings). DO check in with MARTA Management before working Do NOT dispose of any hazardous wastes (flammable onsite. solvents, corrosive wastes). DO report any problems or issues observed to MARTA Laredo Do NOT dispose of any Universal Wastes (e.g., used management Immediately. fluorescent lamps, thermostats, etc.), tritium signs, spent DO clean up.2l! waste materials and properly dispose of lead-acid batteries, or other special wastes onsite. waste materials offsite. Do NOT dispose any refrigerants or other ozone depleting DO follow all MARTA safety policies and requirements when substances. working onsite. Do NOT allow any contractor vehicles to idle at Laredo DO follow all bulk fluid loading and unloading procedures. site, which would cause air emissions and waste fuel.

Any questions about laredo EMS should be directed to: Jeff Kowalski, Environmental Safety Engineer (DSQA) Office: (404) 848-6513 Cell: (404) 436-8993 Contractor Acknowledgement of laredo EMS Policy

II/ hereby certify that / have read and understand this handout for MARTA's Laredo EMS and that / shall comply with all applicable requirements to minimize environmental impact while performing work onsite."

Name/Title/Company Date

Signature

Laredo-ED-4.4.6-9 Revision Date: 6/19/2014 WARNING! This document is uncontrolled when printed. It is the user's responsibility to ensure the most current version is referenced and implemented. Print Date: 8/8/2014 ------.------".------

Page 2 of 4 marl:a~ . I METROPOLITAN ATlANTA RAPID TRANSIT AUTHORITY

Armour Yard - Environmental Management System (EMS) MARTA'S ENVIRONMENTAL POLICY STATEMENT

"MARTA is committed to compliance with environmental statutes, regulations, and other MARTA requirements and to providing safe and cost-effective pollution prevention measures by controlling and minimizing the disposal of waste or emissions generated/released from MARTA operations and construction. MARTA's management and employees are committed to continual improvement in environmental compliance that contributes to the environmental well-being of the community; a safe and healthful workplace; and the overall quality of life of the people living in the region. Environmental objectives and targets will be developed to specify goals and to evaluate improvement through monitored performance."

Key Areas of Armour Yard - Four Significant Aspects

What is an Environmental Aspect? An environmental aspect is a feature or characteristic of an activity, product, or service that affects or can affect the environment. These are the four (4) Significant aspects that MARTA has targeted at the Armour Yard facility: • Slowdown Pit Washing - Reduce phosphorus loading (#1) & cleaner loading (#2) to wastewater treatment plant. o Operational Control: Only chemicals approved by the MARTA Department of Safety and Quality Assurance (DSQA) are to be used. o Operational Control: During mixing, only use the approved Track Bed degreaser at the strength recommended on the Material Safety Data Sheet (MSDS). • Truck Steam Bay - Reduce phosphorus loading (#1) & cleaner loading (#2) to wastewater treatment plant. o Operational Control: Same as Blowdown Pit Washing. • Fluorescent Lamp Storage - Properly manage universal waste (#3) to minimize environment impact and reduce costs. o Operational Control: Used fluorescent lamps shall be placed in a lampTracker box that is structurally sound, with a clearly labeled date when the first lamp was placed into the box, and either "Waste lamps," "used lamps," or "universal waste lamps." The box must remain closed at all times unless inserting the lamps. When the box is full (within one [1] year of starting storage in the box), the box of fluorescent lamps shall be shipped to the outside contractor for recycling. Fluorescent lamps shall never be discarded in another manner. • Air Conditioning Service on Railcars - Minimize environmental impacts/costs for ozone depleting substances (#4). o Operational Control: All refrigerants shall be recovered and recycled at an Environmental Protection Agency (EPA) approved recycling facility.

AY-EF 4.4.6-9 Revision Date: 3/5/2014 WARNING! This document is uncontrolled when printed. It is the user's responsibility to ensure the most current version is referenced and implemented. Print Date: 8/5/2014

Page 3 of 4 "OO"s "OON'T"s DO submit "New Product Request" forms for any new Do NOT dispose of any wastes or wastewater into chemicals to MARTA for review ten (10) days prior to the industrial sewer drains (particularly drains at Blowdown sta rt of work. Facility and the Truck Shop Pressure Wash Bay). DO check in with MARTA Management before working Do NOT dispose of any hazardous wastes (flammable onsite. solvents, corrosive wastes). DO report any problems or issues observed to MARTA Do NOT dispose of any Universal Wastes (used Armour Yard management immediately. fluorescent lamps, thermostats, etc.). DO clean up all waste materials and properly dispose of Do NOT dispose any refrigerants or other ozone depleting waste materials offsite. substances. DO follow all MARTA safety policies and requirements when working onsite.

Any questions about Armour Yard EMS should be directed to: Jeff Kowalski, Environmental Safety Engineer (DSQA) Office: (404) 848-6513 Cell: (404) 436-8993

Contractor Acknowledgement of Armour Yard EMS Policy

"/ hereby certify that / have read and understand this handout for MARTA's Armour Yard EMS and that / shall comply with all applicable requirements to minimize environmental impact while performing work onsite. "

Name/Title/Company Date

Signature

AY-EF 4.4.6-9 Revision Date: 3/5/2014 WARNING! This document is uncontrolled when printed. It is the user's responsibility to ensure the most current version is referenced and implemented. Print Date: 8/5/2014

Page 4 of 4 EXHIBIT B SPECIAL TERMS AND CONDITIONS

The following special terms and conditions modify and amend the contract terms and conditions specifically referenced herein. In the event of a conflict between the terms and conditions contained in this Exhibit B and the balance of the Contract, the terms and conditions set forth in this Exhibit B shall control.

A. CHANGES The Authority shall have the right to direct changes in the services to be performed under the Contract, or in the manner in which or the time or times at which they are to be performed, provided that such change shall not materially alter the general scope thereof.

1. The Authority may, at any time, without prior notice to the Contractor, by a written Change Order expressly designated as such, make any change to the work within the general scope of this Contract, including but not limited to changes in the quantity, scope of work or in the method or manner of performance of the work. The Contractor may propose changes to the Authority for its review and approval or disapproval. The approval or acceptance of any change proposed by the Contractor shall be solely within the Authority's discretion, and the disapproval thereof shall not entitle the Contractor to any compensation, damages, adjustment to the Contract schedule, or any other modification of or relief from the requirements of the Contract. If the Authority approves or accepts any change proposed by the contractor, it will be made by a Change Order issued in accordance with this Article.

2. If any changes under this Article cause an increase or decrease in the Contractor's costs of performing the Contract, the contract price shall be adjusted to compensate the Contractor for the additional costs actually and reasonably incurred in order to perform the Contract as changed, and to credit the Authority for any costs reasonably to be saved. The Contractor shall have the responsibility of showing by documentary evidence reasonably satisfactory to the Authority the amount of any compensation due hereunder.

3. If any change under this Article delays the performance of any service under the Contract, the schedule may be extended as reasonably required in order to perform the Contract as changed, provided that the Contractor shall have the responsibility to demonstrate such delay by such analysis, documentation, or other evidence as the Authority may reasonably require.

4. The Contractor shall be entitled to adjustments in compensation or to the schedule and to any modification of the Contract or other relief so determined, only for changes directed or accepted by the Authority in writing expressly as changes under this Article. No other order or statement, oral or written, or other conduct of the Authority or of its employees or representatives shall be considered to be a change under this Article, or to entitle the Contractor to an adjustment to the contract price or schedule, or to other relief, as provided herein.

EXHIBIT C PAYMENT TERMS

MARTA will pay each invoice properly formatted, rendered and undisputed within thirty (30) days after MARTA’s receipt and acceptance of the goods, equipment and/or services. As stated in Part 3 – Form of Services Contract, Section 5 – Compensation.

INVOICES

In addition to Section 5 of the Contract, the following shall apply:

a) A separate invoice must be submitted for each location serviced, must be individually numbered and must show:

i. Contract Number, Authority Document Number (PO #) ii. Service Location iii. Date of the service iv. Type of service performed v. Description of any infestation or conditions or harborage encountered vi. Cost of the service or inspection

b) One copy shall be sent or delivered to:

MARTA Contracts, Procurement & Materials 2424 Piedmont Road N.E. Atlanta, Georgia 30324-3330 Attn: Contract Coordinator – B36934

EXHIBIT D ADDITIONAL INSURANCE AND BONDING REQUIREMENTS

A. Preamble

The following requirements apply to all work under the Contractor. Compliance is required by the Contractor. To the extent permitted by applicable law, the Metropolitan Atlanta Rapid Transit Authority (“MARTA”) reserves the right to adjust or waive any insurance or bonding requirements contained in this Exhibit D.

1. Evidence of Insurance Required Before Work Begins

No work under the Contractor may be commenced until all insurance and bonding requirements contained in this Exhibit D, or required by applicable law, have been complied with and evidence of such compliance satisfactory to MARTA as to form and content has been filed with MARTA. Contractor must provide MARTA with a Certificate of Insurance that clearly and unconditionally indicates that Contractor has complied with all insurance and bonding requirements set forth in this Exhibit D. If the Contractor is a joint venture, the insurance certificate should name the joint venture, rather than the joint venture partners individually, as the primary insured.

2. Minimum Financial Security Requirements

All companies providing insurance required by this Exhibit D must meet certain minimum financial security requirements. These requirements must conform to the ratings published by A.M. Best & Co. in the current Best's Key Rating Guide. The ratings for each company must be indicated on the documentation provided by Contractor to MARTA certifying that all insurance and bonding requirements set forth in this Exhibit D and applicable to the Contract have been unconditionally satisfied.

For all agreements, regardless of size, companies providing insurance or bonds under the Contract must meet the following requirements:

(a) Best's Rating not less than A‐; (b) Best's Financial Size Category not less than Class IX; and (c) Companies must be authorized to conduct and transact insurance contracts by the Insurance Commissioner, State of Georgia; and (d) All bid, performance and payment bonds must be underwritten by a U.S. Treasury Circular 570 listed company.

If the issuing company does not meet these minimum requirements, or for any other reason is or becomes unsatisfactory to MARTA, MARTA will notify Contractor in writing. Contractor must promptly obtain a new policy or bond issued by an insurer acceptable to MARTA and submit to MARTA evidence of its compliance with these conditions.

Contractor’s failure to comply with all insurance and bonding requirements set forth in this Exhibit D and applicable to the Contract will not relieve Contractor from any liability under the agreement. Contractor’s obligations to comply with all insurance and bonding requirements set forth in Exhibit D and applicable to the Contract will not be construed to conflict with or limit Contractor’s indemnification obligations under the Contract.

3. Insurance Required for Duration of Contract

All insurance and bonds required by this Exhibit D must be maintained during the entire term of the Contract, including any renewal or extension thereof, and until all work has been completed to the satisfaction of MARTA.

4. Notices of Cancellation & Renewal

Contractor must, notify MARTA in writing at the address listed below by mail, hand‐ delivery or facsimile transmission, within two (2) days of any notices received from any insurance carriers providing insurance coverage under this Contractor and Exhibit D that concern the proposed cancellation, or termination of coverage.

MARTA Director of Risk Management 2424 Piedmont Road N.E. Atlanta, GA 30324‐3330 Facsimile No. ( 404 ) 848‐4549

Confirmation of any mailed notices must be evidenced by return receipts of registered or certified mail.

Contractor shall provide MARTA with evidence of required insurance prior to the commencement of this agreement, and, thereafter, with a certificate evidencing renewals or changes to required policies of insurance at least thirty (30) days prior to the expiration of previously provided certificates.

5. Agent Acting as Authorized Representative

Each and every agent acting as authorized representative on behalf of a company affording coverage under this contract shall warrant when signing the Acord Certificate of Insurance that specific authorization has been granted by the companies for the agent to bind coverage as required and to execute the Acord Certificates of Insurance as evidence of such coverage. MARTA coverage requirements may be broader than the original policies; these requirements have been conveyed to the companies for these terms and conditions. In addition, each and every agent shall warrant when signing the Acord Certificate of Insurance that the agent is licensed to do business in the State of Georgia and that the company or companies are currently in good standing in the State of Georgia.

6. Certificate Holder

MARTA must be named as certificate holder. All notices must be mailed to the attention of Director of Risk Management at 2424 Piedmont Road N.E., Atlanta, Georgia 30324‐3330.

7. Contract Number & Name

The contract number and name must be referenced in the description section of the insurance certificate.

8. Additional Insured Endorsements – Form CG 20 26 07 04 or their carrier equivalent

MARTA shall be covered as an Additional Insured, as its interest may appear, under any and all insurance required pursuant to this Contract, and such insurance shall be primary and non‐contributory with respect to the Additional Insured. However, this requirement does not apply to Workers’ Compensation or Professional Liability Insurance. Additional insured status extending to ongoing and completed operations per CG 20 26 07 04 or their carrier equivalent shall be provided. Additional insured status shall be maintained following project completion equivalent to the statute of repose in the State of Georgia. A copy of the Additional Insured Endorsement or its equivalent must be forwarded to MARTA’s Department of Risk Management as soon as practicable but in no event more than ten (10) days after the execution date of the Contract.

9. Mandatory Sub‐Contractor Compliance

Contractor must require and ensure that all subcontractors at all tiers to be sufficiently insured/bonded.

10. Self‐Insured Retentions, Deductibles or Similar Obligations

Any self‐insured retention, deductible or similar obligation will be the sole responsibility of the contractor.

11. Task Order

Evidence of compliance with insurance requirements must be provided on a Task Order basis prior to the issuance of any Notice to Proceed.

B. Workers' Compensation and Employer's Liability Insurance

Contractor must procure and maintain Workers' Compensation and Employer's Liability Insurance in the following limits to cover each employee who is or may be engaged in work under the agreement:

Workers' Compensation: State of Georgia Statutory Coverage Employer's Liability: Bodily Injury by Accident/Disease $100,000 each accident Bodily Injury by Accident/Disease $100,000 each employee Bodily Injury by Accident/Disease $100,000 policy limit

C. Commercial General Liability Insurance

Contractor must procure and maintain Commercial General Liability Insurance on form (CG 00 00 01 or equivalent) in an amount not less than $2,000,000 per occurrence. The following indicated extensions of coverage must be provided (only if the box is checked):

Contractual Liability Broad Form Property Damage Premises Operations Medical Expense Independent Contractor/Subcontractor Additional Insured Endorsement* (primary& non‐contributing in favor of MARTA) Waiver of Subrogation in favor of MARTA

D. Commercial Automobile Liability Insurance

Contractor must procure and maintain Automobile Liability Insurance in an amount not less than $1,000,000 Bodily Injury and Property Damage combined single limit. The following indicated extensions of coverage must be provided (only if the box is checked):

Owned, Non‐owned & Hired Vehicles Waiver of Subrogation in favor of MARTA

If Contractor does not own any automobiles in the corporate name, non‐owned vehicle coverage will apply and must be endorsed on either Contractor’s personal automobile policy or the Commercial General Liability coverage required under this Exhibit D.

E. Excess or Umbrella Liability Insurance

The following indicated extensions of coverage must be provided (only if the box is checked):

Coverage must follow form with primary policy May be used to achieve minimum general and auto liability limits Coverage must be as broad as primary policy

F. Pollution Liability Contractor must procure and maintain Pollution Liability Insurance in an amount not less than $1,000,000 per occurrence.

APPENDIX A OFFICE OF DIVERSITY AND INCLUSION REQUIREMENTS

See attached.

METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY EQUAL EMPLOYMENT OPPORTUNITY AND SMALL BUSINESS PROGRAM REQUIREMENTS FOR REQUEST FOR QUOTES (RFQ)

This document is issued pursuant to Title 49 CFR Part 26.39, as a component to 49 CFR Part 26. The Metropolitan Atlanta Rapid Transit Authority (MARTA) has amended its DBE program to create a Small Business Program (SBP).

MARTA is committed to enhancing business/supplier diversity opportunities for all who want to do business with the MARTA. MARTA believes it is fundamental to its commitment to the local economy to allow competition in order to grow and develop a portfolio of critical and valued business partners. MARTA believes that generating open competition brings value and an ability to leverage the best resources in the marketplace. Supplier diversity increases MARTA’s access to creativity and innovation.

MARTA believes that it is the responsibility of its procurement process and the responsibility of every staff member at MARTA who secures productions and services and who makes purchasing decisions for MARTA to strive to meet this commitment. MARTA’s General Manager/CEO, executive management staff and employees supports MARTA’s overall objectives which focus on obtaining the best quality and service at minimum cost and which guard against favoritism and profiteering at the public expense. MARTA seeks to provide equal opportunities for all businesses to participate. It is an integral element of each MARTA staff member’s responsibility to look to minority and small business firms for contracting opportunities. Broadening the supplier pool means better service and value for MARTA.

Small Business means any business whose annual gross income averaged over the past three (3) years does not exceed the Small Business Administration’s (SBA) size standards as set forth in 13 CFR, Part 121. A size standard is the largest that a firm can be and still qualify as a small business (SBA’s size standards by industry amended, 3/12/12).

PART I - UTILIZATION OF SMALL BUSINESSES

A. Small Business Program (SBP) Participation Contract Specifications Pursuant to, 49 CFR Part 26.39, and MARTA Policy.

1. It is the policy of MARTA to ensure a “level playing field” and foster equal opportunity for small businesses pursuant to the Department of Transportation’s 49 CFR Part 26.39. In this regard, the Contractor to whom any award of this solicitation is made shall take all necessary and reasonable steps in accordance with this solicitation to ensure that small businesses have a “level playing field” and foster equal opportunity for small businesses. The contractor, sub recipient or subcontractor shall not October 2013 DEO/SBE Page 1 of 4

discriminate on the bases of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26.39 in the award and administration of contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as MARTA deems appropriate. The Contractor shall use its best efforts to carry out the SBP policy consistent with efficient performance on the project.

2. Small Business Program (SBP) Target.

MARTA has established a SBP target of 30% of the total dollar value of the quote total, including amendments, modifications, options and change orders. Credit towards the SBP target for a contract shall be limited to the participation of firms performing within the designated NAICS code(s).

3. Contractors are hereby informed that the Authority will consider the establishment of goals for the participation of small business enterprises in all contracts it awards. Subsequently, any Subcontracts awarded by the Contractor successful in this solicitation to firms owned by small businesses, are essential to the achievement of the Authority's SBE target goals. Therefore to be considered for award, Contractors must comply with the requirements of this part. By submitting his/her quote, each Contractor gives assurance that he/she will meet the Authority's percentage goal target set forth in Part I.2 for participation by small business enterprises in the performance of any contract resulting from this solicitation or, as an alternative, that he has made or will make good faith efforts toward meeting the SBE target goals, and will demonstrate to the Authority's satisfaction that he/she has made such efforts. Contractors should submit with their quotes, on the form set in Part II.B, the names, respective scope of work, and the dollar values of each SBE Subcontractor that the Contractor proposes for participation in the contract. In any case, this information shall be submitted with the quote as the Authority requires. If the information so submitted indicates that the target goal will not be met, the Contractor shall also submit Exhibit A, to show sufficient evidence to the Authority's satisfaction that the Contractor has in good faith made every reasonable effort, in the Authority's judgment, to meet such goals.

RFQ 36934 – Pest Control Services for Buses, Railcars, Mobility Vans

October 2013 DEO/SBE Page 2 of 4

PART II – EEO STATISTICAL DATA FOR PRIME CONTRACTORS

A. Employment Data

The Quoter shall provide the following information pertaining to its workforce. If the Quoter has an Atlanta-area workforce, it should be shown; if the Contractor does not have an Atlanta-area workforce, total permanent workforce should be shown.

ALL EMPLOYEES TOTAL MINORITY EMPLOYEES TOTAL MALES FEMALES JOB CATEGORIES MALES AND ASIAN AMERICAN ASIAN AMERICAN FEMALES MALES FEMALES BLACK AMERICAN INDIAN HISPANIC BLACK AMERICAN INDIAN HISPANIC Officers

Managers

Supervisors

Professionals

Technicians

Sales Workers

Office & Clerical

Craftsman (skilled)

Operatives (semi- skilled)

Laborers (unskilled)

Service Workers

Apprentices

TOTALS

The above reflects (check one): Atlanta-area workforce Total permanent workforce (outside Atlanta area)

October 2013 DEO/SBE Page 3 of 4

B. SCHEDULE OF SMALL BUSINESS ENTERPRISE (SBE) PARTICIPATION As specified in Part II of these EEO/SBE specifications, Contractors are to present the details of small business participation below.

Type of work and contract item or Projected commencement * Agreed Upon * Agreed Upon * Agreed Upon Name of Small Business Address/Phone/Email parts thereof to be performed & completion date of work Price and Price and Price and Enterprise Percent w/ Percent w/ Percent w/ SBEs (include prime if considered a SBEs owned SBEs owned owned and small business) and controlled and controlled controlled by by non-minority by minorities women 1.

2.

3.

4.

*Dollar value of each Small Business agreement should be listed in one, not both of the “Agreed Totals Upon Price” column; totals of the columns are to at least equal the SBP Target goals.

C. CERTIFICATION

The undersigned certifies that he/she has read, understands, and agrees to be bound by the Small Business Program regarding EEO and Small Business Enterprises (SBE), and the other terms and conditions of the Request for Quotes. The undersigned further certifies that he/she is legally authorized by the Contractor to make the statements and representations in this Part and that said statements and representations are true and correct to the best of his/her knowledge and belief. The undersigned will enter into formal agreement(s) with Small Business Enterprises (which are otherwise deemed by MARTA to be technically responsible to perform the work) listed in Part II B for the work listed in Part II B at the price(s) set forth in Part II B conditioned upon execution of a contract with MARTA. The contractor must promptly notify MARTA when a SBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another SBE subcontractor to perform at least the same amount of work. Before transmitting to MARTA its request to terminate, the prime contractor must give notice in writing to the SBE of its intent to do so. A copy of this notice must be provided to MARTA prior to consideration of the request to terminate. The SBE will then have five (5) days to respond and advise MARTA of why it objects to the proposed termination (the five day period may be reduced if the matter is one of public necessity, e.g., safety). The contractor may not terminate any SBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Executive Director of Diversity and Equal Opportunity. The undersigned understands and agrees that if any of the statements and representations are made by the Contractor knowing them to be false, or if there is a failure of the successful Contractor to implement any of the stated agreements, intentions, objectives, goals, commitments, and substitutions set forth herein without prior approval by the Executive Director, of Diversity and Equal Opportunity or a designee, then in any of such events the Contractor's act or failure to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such remedy as MARTA deems appropriate.

Print Name: ______Signature:______Title:______Date of Signing: ______

Title: ______Firm or Corporate name: ______Telephone: ______Fax: ______

Address: ______

December 2014 DEO/SBE Page 4 of 4

EXHIBIT A METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY GOOD FAITH EFFORTS – Small Business

In order to evaluate the extent of the meaningful Good Faith Efforts being submitted by a quoter in satisfaction of the contract requirements, the Authority requires that certain relevant information be provided prior to contract award. This information must be in the form of an affidavit and submitted by the quoter. A quoter must show reasonable good faith efforts to obtain Small Business Enterprise participation. MARTA treats quoter’s compliance with good faith efforts requirements as a matter of responsiveness. Such reasonable efforts may include, but are not limited to, some or all of the following:

 Utilization of the Georgia Unified Certification Program Directory to identify currently certified disadvantaged small business concerns: www.dot.ga.gov/doingbusiness/dbeprograms

 Utilization of the Non DBE Small Business Directory to identify small businesses: https://www.dot.ga.gov/doingbusiness/SBP/

 Follow-up of initial solicitations of interest by contacting SBE’s to determine with certainty whether the SBE’s are interested;

 Efforts to provide SBE’s with adequate information about the specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation;

 Efforts made to select portions of the work (including, where appropriate, breaking down the contract into economically feasible units) proposed to be performed by SBE’s in order to increase the likelihood of achieving the SBP target goal;

 Efforts to negotiate with SBE’s for specific quotes, including at a minimum;

 The names, addresses, and telephone numbers of SBE’s that were contacted;

 A description of the information provided to SBE’s regarding the plans and specifications for portions of the work to be performed and;

 A detailed statement of the reasons why additional prospective agreements with SBE’s needed to meet the stated target, were not reached.

Administrative Reconsideration

The quoter must make a written request for administrative reconsideration five (5) days prior to the award of the contract for lack of good faith efforts. That notice may be faxed to:

Mr. Jonathan Hunt Chief of Corporate Law MARTA - Department of Legal Services 2424 Piedmont Road, NE Atlanta, GA 30324 Fax: (404) 848-5225

January 2015 Exhibit A ODI/SBE Page 1 of 3

I HEREBY DECLARE AND AFFIRM that I am the ______(title) duly authorized representative of______. (name of firm)

The undersigned does hereby swear that the foregoing statements are true and correct and include all materials and information necessary to identify and explain the efforts put forth to meet the SBE goal requirements of this contract. Further, the undersigned does covenant and agree to provide to MARTA current, complete, and accurate information regarding good faith efforts. It is recognized and acknowledged that the statements herein are being given under oath and any material misrepresentation will be grounds for terminating any contract which may be awarded in reliance hereon and for initiating action under federal and state laws concerning false statements.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALIES OF PERJURY THAT THE CONTENTS OF THE FOREGOING DOCUMENT ARE TRUE AND CORRECT AND THAT I AM AUTHORIZED ON BEHALF OF THE ABOVE FIRM TO MAKE THIS AFFIDAVIT.

______Signature of Authorized Representative(s)

STATE OF ______

COUNTY (CITY) OF______

On this _____ day of ______20___, before me personally appeared

______, know to me to be the person described in the foregoing Affidavit and acknowledge that he/she executed the same in the capacity therein stated and for the purpose therein contained.

In witness thereof, I hereunto set my hand and official seal.

______(Notary Public)

My Commission Expires______

(Seal)

October 2013 Exhibit A

ODI/SBE Page 2 of 3

Exhibit A – GOOD FAITH EFFORTS

SMALL BUSINESS ENTERPRISE (SBE) GOOD FAITH EFFORTS Will SBE Solicitation Sent Date Solicitation Submit SBE Firms Contacted Scope of Work Via Quote $ Comments sent to SBE a Name, Address and Telephone Number Quote? US Email Fax Mail Y N

October 2013 Exhibit A ODI/SBE Page 3 of 3

Please provide the last three years of business revenues in dollar amounts. Business Name: ______

2014 ______

2013______

2012______

Please provide the last three years of revenues in dollar amounts for any subcontractor, small business that will be utilized on the project. Subcontractor Business Name: ______

2014 ______

2013______

2012______

Please attach any documentation indicating small business status. (i.e. certification letters, etc.)

APPENDIX B ILLEGAL IMMIGRATION REFORM AND ENFORMCEMENT ACT AFFIDAVIT(S)

See attached.