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HomeMy WebLinkAboutSWP2702817O IS Army Corps of Engineers° Seattle District IFB No. DACW67-99-B-0017 Lower Cedar River Flood Control Levees and Floodwalls Renton, Washington Construction Solicitation and Specifications NOTICE: THESE PAPER COPIES OF PLAN AND SPECIFICATION MATERIALS ARE AVAILABLE AT COST AS A COURTESY FROM CITY OF RENTON; INDEPENDENTLY FROM THE OFFICIAL BIDDING PROCESS. THESE COPIES ARE ONLY TO AID IN VIEWING THE OFFICIAL US ARMY CORPS OF ENGINEERS ELECTRONIC DOCUMENTS. THERE IS NO GUARANTEE STATED OR IMPLIED AS TO THEACCURACY OF THE PAPER COPY MATERIALS HEREIN; PERSONS USING THESE MATERIALS DO SO AT THEIR OWN RISK. BIDDERS SHALL FOLLOW ONLY OFFICIAL US ARMY CORPS OF ENGINEERS PROTOCOL INACTUAL BIDDING. December 1998 This page intentionally blank IFB NO. DACW67-99-B-0017 THIS PROCUREMENT IS: Open to both Large and Small Business SITE VISIT: • A one time site visit for offerors is scheduled for 14 January 1999, 10:00 AM, local time. Bidders wishing to visit the site shall meet at Renton Memorial Stadium, 605 North Logan, Renton, Washington. Point of Contact is Brad Brandt, telephone number (206) 764-3420, Monday through Friday between 8:00 AM and 3:30 PM. • BIDDERS ARE URGED and expected to inspect the site where construction is to be performed and to satisfy themselves as to all general and local conditions which may affect the cost of performance of the contract, to the extent, such information is reasonably obtainable. In no event, will a failure to inspect the site constitute grounds for withdrawal of a bid after opening or for a claim after award of the contract. FOR INQUIRIES, CONTACT THE FOLLOWING INDIVIDUALS Monday through Friday between the hours of 8:00 a.m. and 3:30 p.m.: TECHNICAL MATTERS: John Zabukovec Phone: (206) 764-6592 FAX (206) 764-6956 Internet: john.j.zabukovec@usace.army.mil BIDDING DOCUMENTS, PLANHOLDER'S LISTS. etc.: Bobbie Weitzel Phone: (206) 764-6864 FAX (206) 764-6817 Internetplans-room-cenws-ct@usace.army.mil ADMINISTRATIVE MATTERS: Bonilie L. Lackey Phone. (206) 764-4481 FAX (206) 764-6817 Internet: bonilie.1.lackey@usace.army.mil All individuals are at the following mailing and street addresses: (Mail) Seattle District Corps of Engineers, P.O. Box 3755, Seattle, WA 98124-3755 (Street) 4735 E. Marginal Way S., Seattle, WA 98134-2385 DACW67-99-B-0017 Information Page This page intentionally blank IFB No.: DACW67-98-B-0017 TABLE OF CONTENTS CAUTION TO BIDDERS SECTION TITLE 00010 SF 1442 and Schedule Pages 00010-1 thru 00010-4 & Subcontracting Plan pages 00010-5 thru 00010-12 00100 Instructions, Conditions and Notice to Bidders 00600 Representations and Certifications and other Statements of Bidders, Pre -Award Information and Automated Cage Code Request Form 00700 Contract Clauses 00800 Special Contract Requirements, which include the following: a) Special Contract Requirements Pages 00800-1 thru 00800-16 b) Davis -Bacon General Wage Decision No. WA980001 01000 Technical Specifications thru 05502 RETURN THE FOLLOWING WITH YOUR BID: Section 00010 - Pages 00010-1 through 00010-4 Section 00600 - Representations and Certifications, Pre -Award Information and Automated Cage Code Request Form 20% Bid Bond *Additionally, if a large business is the apparent low, it will be required to submit a "Small Business and Small Disadvantaged Business Subcontracting Plan," no later than 5 calendar days after bid opening. DACW67-99-B-0017 Contents This page intentionally blank !!! CAUTION TO BIDDERS !!! 1. TELEPHONES: Limited telephone service is provided in the lobby. Only two public telephones may be used by bidders for completing bids. 2. BUSINESS HOURS: For the Seattle District Corps of Engineers are from 7:30 A.M. to 4:00 P.M., Monday through Friday. BEFORE SIGNING AND MAILING THIS BID, PLEASE TAKE NOTE OF THE FOLLOWING, AS FAILURE TO PERFORM ANY ONE OF THESE ACTIONS MAY CAUSE YOUR BID TO BE REJECTED 3. AMENDMENTS: Have you acknowledged receipt of ALL amendments? If in doubt as to the number of amendments issued, please contact the Plans Room representative listed on the Information Page. 4. AMENDED BID PAGES: If any of the amendments furnished amended bid pages, the amended bid pages must be used in submitting your bid. �. BID GUARANTEE: Sufficient bid guarantee in proper form must be furnished with -your bid. (FOR JOBS EXCEEDING $25,000) 6. INDIVIDUAL SURETIES: Please note requirements for Individual Sureties in Section 00100. 7. MISTAKE IN BID: Have you reviewed your bid price for possible errors in calculation or work left out? 8. TELEGRAPHIC MODIFICATIONS: The Seattle District does not have the capability f receiving commercial telegrams directly. Bidders who wish to modify their bid by telegram are urged to ensure that telegrams are submitted within enough time to arrive at the bid opening room prior to the time specified for bid opening. Any doubt as to time should be resolved in favor of EXTRA TIME. Transmission by Fax to this office is NOT ACCEPTABLE. 9. BID ACCEPTANCE PERIOD: The minimum bid acceptance period is specified in block 13D of 00010-1, Solicitation, Offer and Award. Please ensure that you allow at least the stated number of calendar days for the Government to accept your bid. 10. BID RESULTS: Bid results are usually available after 4:00 P.M., the day of the bid opening by calling the 24-hour Bid Result Hotline at (206)764-6862. 11. CENTRAL CONTRACTOR REGISTRATION: Your attention is drawn to DFARS clause 252.204-7004, REQUIRED CENTRAL CONTRACTOR REGISTRATION in Section 00100. Lack of registration in the CCR database will make an offeror ineligible for award. Information on how to register and the time it takes are detailed in the clause. DAC W67-99-B-0017 CAUTION This page intentionally blank 1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION 3. DATE ISSUED PAGE OF PAGES SOLICITATION, OFFER, AND AWARD DACW67-99-B-0017 SEALED BID(/rB1 12/30/98 1 (Construction, Alteration, or Repaid n NEGOTIATED (RfP) uwPn9TANT - The "offer" section on the reverse must be fully completed by the offeror. ITRACT NUMBER 5. REGUISITIONIPURCHASE REGUEST NUMBER 6. PROJECT NUMBER DACW67-99-B-0017 W68MD9-8322-0877 PN: 094283 7. ISSUED BY CODE W68MD9 B. ADDRESS OFFER TO Seattle District, Corps of Engineers Seattle District, Corps of Engineers ATTN: CENWS-CT-CB PO Box 3755 ATTN: CENWS-CT-CB PO Box 3755 Seattle, WA 98124-3755 Seattle, WA 98124-3755 HAND CARRY: Preston Conference Room 4735 East Marginal Way South Seattle, WA 98134-2385 BID OPENING ROOM: Preston Conference Room A. NAME B. TELEPHONE NUMBER Uncludearea code) hVOCOLLECTCALLSi 9. FOR INFORMATION CALL , See Information Page inside Front Cover See Information Page inside Front Cover SOLICITATION NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder". 10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS /Title, identifying number, date): Furnish all labor, materials and equipment and perform all work for Lower Cedar River Flood Control Levees and Floodwalls, Renton, Washington, in accordance with the attached Contract Clauses, Special Clauses, Technical Specifications and Drawings. NOTE: Award will be made pursuant to the Small Business Competitive Development Program. 11. The Contractor shall begin performance within X❑ award, ❑ notice to proceed. This performance period is 10 calendar days and complete it within X❑ mandatory, El negotiable. (See calendar days after receiving Paragraph SC-1 l 12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE PAYMENT BONDS? 12B. CALENDAR DAYS (if "YES, "indicate within how many calendar days after award in Item 128d 10 N YES El NO 13. ADDITIONAL SOLICITATION REQUIREMENTS: A. Sealed offers in original and 0 copies to perform the work required are due at the place specified in Item 8 by 2:00 pm (hour) local time Feb 9, 1999 (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due. B. An offer guarantee © is, El is not required. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference. „.fers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected. NSN 7540-01 155.3212 1442.103 STANDARD FORM 1442 (REV. 4-85)1EG1 Designed using Perform Pro, WHSIOIOR, Oct 96 Prescribed by GSA - FAR 148 CFR153.236-11d1 OFFER (Must be fully completed by offeror/ 14. NAME AND ADDRESS OF OFFEROR Anclude ZIP Code) 15. TELEPHONE NUMBER (Include area code) FAX: 16. REMITTANCE ADDRESS floclude onlyifdifferent than Item 14) Tax ID No: DUNS No: eMail: CODE FACILITY CODE 17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. #nsert any number equa/orgreater than the minimum requirement stated in 130. Failure to insert any number means the offeror accepts the minimum in Item 130.) AMOUNTS ► See page 00010-4 18. The offeror agrees to furnish any required performance and payment bonds. 19. ACKNOWLEDGEMENT OF AMENDMENTS (The offeror acknowledges receipt of amendments to the solicitation - give number and date of each/ AMENDMENT NO. DATE 20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type orprint) 20B. SIGNATURE 20C. OFFER DATE AWARD (To be completedby Government) 21.ITEMS ACCEPTED 22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA 24.SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO N copies unless otherwise specified) 11110. 26 ❑ 10 U.S.C. 2304(c) I 1 41 U.S.C. 253(c)1 I 26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY Fort Lewis Area Office US Army Corps of Engineers Finance Center USAED, Seattle CEFC-AO-P PO Box 92146 5720 Integrity Drive Tillicum, WA 98492-0146 Millington, TN 38054-5005 CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE ❑ 28. NEGOTIATED AGREEMENT (Contractor is required to sign this F129. AWARD. (Contractoris not required to sign this document./ Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the document and return cnaiesto the issuing office.) Contractor agrees to furnish and deliver contract, which consists of (a) the Government solicitation and your offer, and (b) this contract all items or perform all work requirements identified on this form and any continuation sheets for the award. No further contractual document is necessary. consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by la) this contract award, lb) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract. 30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN 31A. NAME OF CONTRACTING OFFICER (Type orprint/ (Type or print) 30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA 31C. AWARD DATE BY STANDARD FORM 1442 BACK (REV. 4-85) 094283 IFB No: DACW67-99-13-0017 Contract No.: IF THE CONTRACTOR IS A CORPORATION OR PARTNERSHIP, THE APPLICABLE FORM LISTED BELOW MUST BE COMPLETED. IN THE ALTERNATIVE, OTHER EVIDENCE MUST BE SUBMITTED TO SUBSTANTIATE THE AUTHORITY OF THE PERSON SIGNING THE CONTRACT. IF A CORPORATION, THE SAME OFFICER SHALL NOT EXECUTE BOTH THE CONTRACT AND THE CERTIFICATE. CORPORATE CERTIFICATE I, , certify that I am the Secretary of the corporation named as Contractor herein; that , who signed this contract on behalf of the Contractor was then of said corporation; that said contract was duly signed for and on behalf of said corporation by authority of its governing body and is within the scope of its corporate powers. (Secretary) AUTHORITY TO BIND PARTNERSHIP (CORPORATE SEAL) This is to certify that the names, signatures and Social Security Numbers of all partners are listed below and that the person signing the contract has authority actually to bind the partnership pursuant to its partnership agreements. Each of the partners individually has full authority to enter into and execute contractual instruments on behalf of said partnership with the United States of America, except as follows: (state "none" or describe limitations, if any). This authority shall remain in full force and effect until such time as the revocation of authority by any cause whatsoever has been furnished in writing to, and acknowledged by, the Contracting Officer. (Names, Signatures and Social Security Numbers of all Partners) NAME SIGNATURE SOCIAL SECURITY NO. DACW67-99-B-0017 00010-3 This page intentionally blank 98038/LD/ar 094283 SCHEDULE Item No. Description of Item 0001 All Work Except For Items 0002 through 0005 0002 All Work For Airport Drainage Improvements As Shown On Drawings, Plates C-18 Through C-21 0003 All Work For Asphaltic Concrete Class A Overlay and Pavement Markings as Shown on Drawings, Plates C-31 Through C-35 0004 Access Road Maintenance 0004A First 200 S.Y. 0004B Over 200 S.Y. 0005 Crack Sealing in Existing Pavement Surface 0005A First 100 L.F. 0005B Over 100 L.F. Unit Quantity Unit Price Amount 1 JOB L.S. $ 1 JOB L.S. $ 1 JOB L.S. $ 200 S.Y. $ $ 200 S.Y. $ $ 100 L.F. $ $ 100 L.F. $ $ TOTAL ALL ITEMS NOTE: Under heading for "UNIT" quantities are estimated unless described as "JOB." DACW67-99-B-0017 00010-4 This page intentionally blank 094283 �13T OF E rEO'S),4TES Of F, • • Contracting Division DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 December 18, 1998 SUBJECT: DACW67-99-B-0017, Lower River Flood Control Levees and Floodwalls, Renton, Washington NOTICE TO LARGE BUSINESS FIRMS (Sealed Bid): If your firm is a large business and your bid exceeds $500,000 or more for services or $1,000,000 for construction, your attention is directed to the following clauses contained in your Invitation for Bid: 52.219-8, Utilization of Small, Small Disadvantaged and Women -Owned Business Concerns (Alternate I) 52.219-9, Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan (Alternate I) 52.219-16, Liquidated Damages - Small Business Subcontracting Plan 52.226-1, Utilization of Indian Organizations and Indian -Owned Economic Enterprises DEFINITIONS: "Subcontract" means M agreement (other than one involving an employer - employee relationship) entered into by a Government prime contractor calling for supplies and/or services required for contract performance, contract modification, or subcontract. For your information, we consider the following goals reasonable and achievable during the performance of the contract resulting from this solicitation. However, final goals will be negotiated prior to contract award. These negotiated goals will then become a material part of your contract. a. 65% of planned subcontracting dollars can be placed with all small business concerns. b. 08% of planned subcontracting dollars can be placed with those small business concerns owned and controlled by socially and economically disadvantaged individuals. NOTE: b. is a subset of a. c. 05% of planned subcontracting dollars for small women -owned businesses. NOTE: c. is a subset of a. Goals included in any proposed plan submitted by you should be at least equal to the ones we are recommending. If lesser goals are proposed, you will have to explain how those goals and DACW67-99-B-0017 00010-5 094283 your plan represent your best efforts to comply with the policies outlined in the clauses. I urge you to familiarize yourself with the details of the total requirements of the subcontracting plan. To be approved, the plan must contain at a minimum, the eleven elements set forth in Contract Clause 52.219-9, paragraph (d). Your plan will be reviewed and scored in accordance with AFARS 19.705-4(d) to ensure it clearly represents your firm's ability to carry out the terms and conditions set forth in the contract clauses. A Subcontracting Plan with a score of less than 70 may not be accepted. It is recommended that you follow the enclosed example as a guide to assist you in developing your own subcontracting plan. Delete the instructions shown in parentheses or your plan will not be approved. If discussions during this review raise doubts as to your intentions or ability to comply with these contractual obligations, it could result in your disqualification for award. The apparent low bidder must submit an acceptable plan within five (5) working days after bid opening. Should you have any questions or need assistance in developing your plan please call the undersigned at (206)764-6807. IF YOU HAVE A TECHNICAL, ADMINISTRATIVE, OR OTHER QUESTIONS, INCLUDING BID RESULTS, GO TO THE INFORMATION PAGE INSIDE THE FRONT COVER UNDER "INQUIRIES". Please do not call the undersigned for these type of inquiries. Enclosure Sincerely, Susan C. Price Deputy for Small Business DACW67-99-B-0017 00010-6 094283 NOTE: This is an example plan. Prior to submitting your subcontracting plan you must delete all the instructions shown in (parenthesis), including this message, or your plan will be returned. SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN DATE: CONTRACTOR: ADDRESS: PHONE NO: PROJECT TITLE: SOLICITATION NO: 1. In accordance with the contract clauses at 52.219-8 and 52.219-9, (name of contractor) submits the following Subcontracting Plan for Small, Small Disadvantaged, and Women -owned Business Concerns. 2. Corresponding dollar values for percentages cited in para. 3: a. Total contract amount is $ b. Total dollars planned to be subcontracted (to all types of businesses): $ c. Total dollars planned to be subcontracted to small business concerns (including 2d and 2e below): $ d. Total dollars planned to be subcontracted to small disadvantaged business concerns: e. Total dollars planned to be subcontracted to small woman -owned business concerns: N 3. The following percentage goals (expressed in terms of a percentage of total planned subcontracting dollars) are applicable to the contract awarded under the solicitation cited above. a. The total estimated percentage of all planned subcontracting to all types of business concerns under this contract is (2b divided by 2a): %. DACW67-99-B-0017 00010-7 094283 b. Small Business Concerns (2c divided by 2b): % of total planned subcontracting dollars under this contract will go to subcontractors who are small business concerns including 3c. and 3d. c. Small Disadvantaged Business Concerns (2d divided by 2b): % of total planned subcontracting dollars under this contract will go to subcontractors who are small disadvantaged individuals. NOTE: Women -owned businesses are not considered a small disadvantaged business. Do not include subcontract awards to women -owned businesses in your calculations for paragraph 3c unless the firm meets the definition of a small disadvantaged business. d. Small Woman -Owned Business Concerns (2e divided by 2b): % of total planned subcontracting dollars under this contract will go to subcontractors who are small woman -owned businesses. 4. The principal items or areas we will subcontract under this contract are (NOTE: Construction contractors remember to include materials/supplies when developing plan. Also, list each subcontracted task by Division and Section number): a. Of the items or areas stated in 4; the following are planned to be subcontracted to Small Businesses: b. Of the items or areas stated in 4.a; the following are planned to be subcontracted to Small Disadvantaged Businesses: c. Of the items or areas stated in 4.a; the following are planned to be subcontracted to Small Women -Owned Businesses: "NOTE: SEE LAST PAGE IF THIS SOLICITATION HAS OPTIONS (DELETE THIS STATEMENT FROM YOUR PLAN)" 5. Provide a description of the method your firm used to develop the subcontracting goals in paragraph 2: 6. Indirect costs were ( ) were not ( ) used in establishing subcontracting goals. **If indirect costs are included in your goals, furnish a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business concerns (ii) small disadvantaged business concerns and (iii) women -owned.** 7. The following individual will administer (name of contractor) Subcontracting Program: Name: Address and Telephone Number: Job Title: DACW67-99-B-0017 00010-8 094283 This individual's specific duties with regard to the conduct of our firm's Subcontracting Plan will include, but will not be limited to, the following: a. Developing and maintaining bidders lists of small, small disadvantaged and women - owned small business concerns using sources such as the Small Business Administration's ProNet (http://pro-net.sba.gov/) Washington State Office of Minority and Women -owned Business Enterprises (http://www.wsdot.wa.gov/omwbe/) Minority Business Development Agency, US Department of Commerce, Local Minority Business Development Centers, Economic Development Centers, and National Center for American Indian Enterprise Development. b. Assuring the inclusion of small, small disadvantaged, and women -owned small business concerns in all solicitations for products or services which they are capable of providing; and ensuring that all solicitations are structured to permit the maximum possible participation by small, small disadvantaged and women -owned small business concerns. c. Establishing and maintaining records of all solicitations and subcontract awards to ensure that the members of the firm who review bidders proposals documents their reasons for selecting or not selecting a bid submitted by a small, small disadvantaged, or women -owned small business concern, and monitoring the firm's progress towards achievement of its percentaged goals. d. Preparing and submitting the Subcontracting Report for Individual Contracts (SF 294) and the Summary Subcontract Report (SF 295) in accordance with instructions provided, and coordinating and preparing for all compliance reviews by Federal agencies. e. Conducting or arranging for all other activities necessary to further the intent and attainment of the goals in the Plan to include motivational training of the firm's purchasing personnel, attendance at workshops, seminars and trade fairs conducted by or on behalf of small business and/or small disadvantaged and/or women -owned small business concerns; and general cooperation with members of the small, small disadvantaged and women -owned small business concerns or their representatives. 8. The following steps will be taken to ensure that small, small disadvantaged, and women - owned small business concerns receive notice of and have an equitable opportunity to compete for intended awards of subcontracts and/or purchase orders for the products and/or services describe in paragraph 4 above: a. Sources will be requested through SBA's ProNet system, business development organizations, minority and small business trade associations and at small, minority and women - owned small business procurement conferences; sources will be contacted; and bidding materials will be provided to all responding parties expressing an interest. b. Internally, motivational training will be conducted to guide and encourage purchasing personnel; source lists and guides to small, small disadvantaged, and women -owned small business concerns will be maintained and utilized by purchasing personnel while soliciting DACW67-99-B-0017 00010-9 094283 subcontracts and purchase orders; activities will be monitored to ensure sufficient time is allowed for interested bidders to prepare their proposals and to evaluate continuing compliance with the Subcontracting Plan. 9. [Name of contractor] agrees that the clause entitled "Utilization of Small, Small Disadvantaged and Women -Owned Business Concerns" will be included in all subcontracts that offer further subcontracting opportunities. All subcontractors, except small business concerns, who receive subcontracts in excess of $500,000 ($1,000,000 in the case of construction) will be required to adopt a plan similar to this one. Such plans will be reviewed to assure that all minimum requirements of an acceptable subcontracting plan have been satisfied. The acceptability of percentaged goals shall be determined on a case -by -case basis depending on the supplies/services involved, the availability of potential small, small disadvantaged, and women -owned subcontractors, and prior experience. Once approved and implemented, plans will be monitored through the submission of periodic reports or, as time and availability of funds permit, periodic visits to subcontractors facilities to review applicable records and subcontracting program progress. 10. (Name of contractor) agrees to submit such periodic reports and cooperate in any studies or surveys as may be required by the Contracting agency or Small Business Administration in order to determine the extent of compliance by the offeror with the subcontracting plan and with the clause entitled "Utilization of Small, Small Disadvantaged and Women -owned Small Business Concerns" contained in the contract. 11. (Name of Contractor) agrees to maintain at least the following types of records to document compliance with the Subcontracting Plan: a. The names of all organizations, agencies, and associations contacted for small, small disadvantaged, and women -owned small business sources, along with records of attendance at conference, seminars and trade fairs where additional sources were developed. b. Source lists, guides, and other data identifying small, small disadvantaged, and women -owned small business subcontractors and vendors. c. Records on all subcontract solicitations resulting in an award of more than $1,000,000, on a contract -by -contract basis, indicating (1) whether small business concerns were solicited, and if not, why not; (2) whether small disadvantaged business concerns were solicited, and if not, why not; (3) whether small women -owned business concerns were solicited, and if not, why not; and (4) reasons for the failure of solicited small, small disadvantaged or women -owned small business concerns to receive a subcontract award. d. Records of all subcontract award data to include subcontractor's name and address, to be kept on a contract -by -contract basis. DACW67-99-B-0017 00010-10 094283 e. Minutes of internal motivational and training meetings held for the guidance and encouragement of purchasing personnel, and records of all monitoring activities performed for compliance evaluation. f. Copies of SF 294 and SF 295 showing date and place of filing and copies of all other reports or results of reviews conducted by the contracting agency or other interested agencies of the Federal government to monitor our compliance with this Subcontracting Plan. 12. (Name of Contractor) will submit a SF 295, Summary Subcontract Report, on Corps of Engineers projects only. The SF 295 shall be completed and distributed in accordance with the Corps of Engineers Supplemental Instructions. (Name of Contractor) will not report Corps of Engineers projects through any other Agency unless authorized by the Contracting Officer. 13. In closing, (Name of contractor) states that it will be the policy of (Name of contractor) to afford every practicable opportunity for small, small disadvantaged, and women -owned small business concerns to participate in contracts awarded to (Name of contractor) by the Federal Government, to ensure that equitable opportunity is provided to small, small disadvantaged, and women -owned small business concerns to compete for award of subcontracts and purchase orders, and to diligently pursue the achievement of our goals of participation by small, small disadvantaged, and women -owned small businesses in the dollars available for subcontract/purchase order awards under this contract. Signature and Title of CEO Company Name Date: DACW67-99-B-0017 00010-1 1 094283 NOTE: If this solicitation has options, the plan must contain separate goals for each optional line item. EXAMPLE: Dollars Percentaue 1. Option # total: $ 2. Total to be subcontracted to all types of businesses: $ a. Subcontracted to Small Business (including b. and c. below): $ b. Subcontracted to Small Disadvantaged Businesses: $ c. Subcontracted to Women - Owned Small Businesses: $ DACW67-99-B-0017 00010-12 094283 INSTRUCTIONS, 52.252-1 2 52.204-6 3 52.214-1 4 52.214-3 5 52.214-4 6 52.214-5 7 52.214-6 8 52.214-7 9 52.214-17 10 52.214-18 11 52.214-19 12 52.216-1 13 52.225-12 14 15 16 17 18 19 20 21 22 23 24 52.228-1 52.228-11 52.233-2 52.204-7004 52.236-7008 52.214-5000 52.214-4021 52.214-4022 52.228-4001 52.228-4003 52.236-4902 TABLE OF CONTENTS SECTION 00100 CONDITIONS, AND NOTICES TO BIDDERS SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998) SOLICITATION DEFINITIONS --SEALED BIDDING (JUL 1987) AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989) FALSE STATEMENTS IN BIDS (APR 1984) SUBMISSION OF BIDS (MAR 1997) EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984) LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (MAY 1997) AFFILIATED BIDDERS (APR 1984) PREPARATION OF BIDS --CONSTRUCTION (APR 1984) CONTRACT AWARD --SEALED BIDDING --CONSTRUCTION (AUG 1996) TYPE OF CONTRACT (APR 1984) NOTICE OF BUY AMERICAN ACT REQUIREMENT -CONSTRUCTION MATERIALS (MAY 1997) BID GUARANTEE (SEP 1996) PLEDGES OF ASSETS (FEB 1992) SERVICE OF PROTEST (AUG 1996) REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAR 1998) CONTRACT PRICES --BIDDING SCHEDULES (DEC 1991) ARITHMETIC DISCREPANCIES (MAR 1995)--EFARS AWARD (52.0214-4021) BASIS OF AWARD (52.0214-4022) INFORMATION REGARDING PERFORMANCE AND PAYMENT BONDS (FAR 28. 102) : INDIVIDUAL SURETIES (52.0228-4003) MAGNITUDE OF CONSTRUCTION (FAR 36.204) (52.0236-4902) DACW67-99-B-0017 00100-i 094283 SECTION 00100 INSTRUCTIONS, CONDITIONS, AND NOTICES TO BIDDERS 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: http://www.arnet.gov/far http://farsite.hill.af.mil http://www.dtic.mil/dfars (End of provision) 2 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (APR 1998) (a) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" followed by the DUNS number which identifies the offeror's name and address exactly as stated in the offer. The DUNS number is a nine -digit number assigned by Dun and Bradstreet Information Services. (b) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will be provided immediately by telephone at no charge to the offeror. For information on obtaining a DUNS number, the offeror, if located within the United States, should call Dun and Bradstreet at 1-800-333-0505. The offeror should be prepared to provide the following information: (1) Company name. (2) Company address. (3) Company telephone number. (4) Line of business. (5) Chief executive officer/key manager. (6) Date the company was started. (7) Number of people employed by the company. (8) Company affiliation. (c) Offerors located outside the United States may obtain the location and phone number of the local Dun and Bradstreet Information Services office from the Internet home page at http://www.dnb.com/. If an offeror is unable to locate a local service center, it may send an e-mail to Dun and Bradstreet at globalinfo@mail.dnb.com. (End of provision) DACW67-99-B-0017 00100-1 094283 3 52.214-1 SOLICITATION DEFINITIONS --SEALED BIDDING (JUL 1987) "Government" means United States Government. "Offer" means "bid" in sealed bidding. "Solicitation" means an invitation for bids in sealed bidding. (End of provision) 4 52.214-3 AMENDMENTS TO INVITATIONS FOR BIDS (DEC 1989) (a) If this solicitation is amended, then all terms and conditions which are not modified remain unchanged. (b) Bidders shall acknowledge receipt of any amendment to this solicitation (1) by signing and returning the amendment, (2) by identifying the amendment number and date in the space provided for this purpose on the form for submitting a bid, (3) by letter or telegram, or (4) by facsimile, if facsimile bids are authorized in the solicitation. The Government must receive the acknowledgment by the time and at the place specified for receipt of bids. (End of provision) 5 52.214-4 FALSE STATEMENTS IN BIDS (APR 1984) Bidders must provide full, accurate, and complete information as required by this solicitation and its attachments. The penalty for making false statements in bids is prescribed in 18 U.S.C. 1001. (End of provision) (R 2-201(b)(xiii)) (R 1-2.201(a)(11)) 6 52.214-5 SUBMISSION OF BIDS (MAR 1997) (a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means) (1) addressed to the office specified in the solicitation, and (2) showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder. (b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in subparagraphs (a) (1) and (2) of this provision when delivered to the office specified in the solicitation. (c) Telegraphic bids will not be considered unless authorized by the solicitation; however, bids may be modified or withdrawn by written or telegraphic notice. (d) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation. (e) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. (End of provision) DACW67-99-B-0017 00100-2 094283 7 52.214-6 EXPLANATION TO PROSPECTIVE BIDDERS (APR 1984) Any prospective bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must request it in writing soon enough to allow a reply to reach all prospective bidders before the submission of their bids. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective bidder concerning a solicitation will be furnished promptly to all other prospective bidders as an amendment to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective bidders. (End of provision) (R SF 33A, Para 3, 1978 JAN) 8 52.214-7 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWALS OF BIDS (MAY 1997) (a) Any bid received at the office designated in the solicitation after the exact time specified for receipt will not be considered unless it is received before award is made and it-- (1) Was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of bids (e.g., a bid submitted in response to a solicitation requiring receipt of bids by the 2Oth of the month must have been mailed by the 15th); (2) Was sent by mail (or telegram or facsimile, if authorized) or hand -carried (including delivery by a commercial carrier) if it is determined by the Government that the late receipt was due primarily to Government mishandling after receipt at the Government installation; (3) Was sent by U.S. Postal Service Express Mail Next Day Service -Post Office To Addressee, not later than 5:00 P.M. at the place of mailing two working days prior to the date specified for receipt of bids. The term "working days" excludes weekends and U.S. Federal holidays; or (4) Was transmitted through an electronic commerce method authorized by the solicitation and was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of bids. (b) Any modification or withdrawal of a bid is subject to the same conditions as in paragraph (a) of this provision. (c) The only acceptable evidence to establish the date of mailing of a late bid, modification, or withdrawal sent either by registered or certified mail is the U.S. or Canadian Postal Service postmark both on the envelope or wrapper and on the original receipt from the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the bid, modification, or withdrawal shall be processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied and affixed by employees of the U.S. or Canadian Postal Service on the date of mailing. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (d) The only acceptable evidence to establish the time of receipt at the Government installation is the time/date stamp of that installation on the bid wrapper or other documentary evidence of receipt maintained by the installation. (e) The only acceptable evidence to establish the date of mailing of a DACW67-99-B-0017 00100-3 094283 late bid, modification, or withdrawal sent by U.S. Postal Service Express Mail Next Day Service -Post Office to Addressee is the date entered by the post office receiving clerk on the "Express Mail Next Day Service -Post Office to Addressee" label and the postmark on the envelope or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the same meaning as defined in paragraph (c) of this provision, excluding postmarks of the Canadian Postal Service. Therefore, bidders should request the postal clerk to place a legible hand cancellation bull's-eye postmark on both the receipt and the envelope or wrapper. (f) Notwithstanding paragraph (a) of this provision, a late modification of an otherwise successful bid that makes its terms more favorable to the Government will be considered at any time it is received and may be accepted. (g) Bids may be withdrawn by written notice or telegram (including mailgram) received at any time before the exact time set for receipt of bids. If the solicitation authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision entitled "Facsimile Bids." A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. (h) If an emergency or unanticipated event interrupts normal Government processes so as to cause postponement of the scheduled bid opening, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the opening date, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (End of provision) 9 52.214-17 AFFILIATED BIDDERS (APR 1984) (a) Business concerns are affiliates of each other when, either directly or indirectly, (1) one concern controls or has the power to control the other, or (2) a third party controls or has the power to control both. (b) Each bidder shall submit with its bid an affidavit stating that it has no affiliates, or containing the following information: (1) The names and addresses of all affiliates of the bidder. (2) The names and addresses of all persons and concerns exercising control or ownership of the bidder and any or all of its affiliates, and whether they exercise such control or ownership as common officers, directors, stockholders holding controlling interest, or otherwise. (End of provision) (R 7-2003.12 1974 APR) 10 52.214-18 PREPARATION OF BIDS --CONSTRUCTION (APR 1984) (a) Bids must be (1) submitted on the forms furnished by the Government or on copies of those forms, and (2) manually signed. The person signing a bid must initial each erasure or change appearing on any bid form. (b) The bid form may require bidders to submit bid prices for one or more items on various bases, including-- (1) Lump sum bidding; (2) Alternate prices; DACW67-99-B-0017 00100-4 094283 (3) Units of construction; or (4) Any combination of subparagraphs (1) through (3) above. (c) If the solicitation requires bidding on all items, failure to do so will disqualify the bid. If bidding on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. (d) Alternate bids will not be considered unless this solicitation authorizes their submission. (End of provision) (R SF 22, Para 5, 1978 FEB) 11 52.214-19 CONTRACT AWARD --SEALED BIDDING --CONSTRUCTION (AUG 1996) (a) The Government will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Government, considering only price and the price -related factors specified elsewhere in the solicitation. (b) The Government may reject any or all bids, and waive informalities or minor irregularities in bids received. (c) The Government may accept any item or combination of items, unless doing so is precluded by a restrictive limitation in the solicitation or the bid. (d) The Government may reject a bid as nonresponsive if the prices bid are materially unbalanced between line items or subline items. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated in relation to cost for other work, and if there is a reasonable doubt that the bid will result in the lowest overall cost to the Government even though it may be the low evaluated bid, or if it is so unbalanced as to be tantamount to allowing an advance payment. (End of provision) 12 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a firm fixed -price contract resulting from this solicitation. (End of provision) 13 52.225-12 NOTICE OF BUY AMERICAN ACT REQUIREMENT -CONSTRUCTION MATERIALS (MAY 1997) (a) Offerors are required to comply with the requirements of Federal Acquisition Regulation (FAR) clause 52.225-5, Buy American Act Construction Materials, of this solicitation. The terms "construction material" and "domestic construction material," as used in this provision, have the meanings set forth in FAR clause 52.225-5. (b) Offerors should request a determination regarding the inapplicability of the Buy American Act in time to allow determination before submission of offers. For evaluation of a request for a determination regarding the inapplicability of the requirements of the Buy American Act prior to the time set for receipt of offers, the information and applicable supporting data required by paragraphs (c) and (d) of FAR clause 52.225-5 shall be included in the request. If an offeror has not requested a detemination DACW67-99-B-0017 00100-5 094283 regarding the inapplicability of the Buy American Act prior to submission of its offer, or has not received a response to a request made prior to submission of its offer, the information and supporting data shall be included in the offer. (c) Evaluation of offers. (1) For evaluation of offers, (unless agency regulations specify a higher percentage) the Government will add to the offered price 6 percent of the cost of any foreign construction material proposed for exception from the requirements of the Buy American Act based on claimed unreasonable cost of domestic construction materials in accordance with paragraph (b)(3)(i) of FAR clause 52.225-5. (2) If the evaluation of offers results in a tie between an offer including such foreign construction material excepted on the basis of unreasonable cost, as evaluated, and an offer including solely domestic construction material or other foreign construction material listed in the solicitation at paragraph (b)(2) of FAR clause 52.225-5, or subsequently excepted in accordance with paragraphs (b)(3) (ii) or (iii) of FAR clause 52.225-5, award shall be made to the offeror that submitted the latter offer. (d) Alternate offers. (1) When an offer includes foreign construction material not listed by the Government in the solicitation at paragraph (b)(2) of FAR clause 52.225-5, offerors also may submit alternate offers based on use of equivalent domestic construction material. (2) If alternate offers are submitted, a separate Standard Form 1442 shall be submitted for each alternate offer, and a separate price comparison table, prepared in accordance with paragraphs (c) and (d) of FAR clause 52.225-5, shall be submitted for each offer that is based on the use of any foreign construction material for which the Government has not yet determined an exception to apply. (3) If the Government determines that a particular exception requested under paragraph (c) of FAR clause 52.225-5 does not apply, the Government will evaluate only those offers based on use of the equivalent domestic construction material, and the offeror shall be required to furnish such domestic construction material. (i) In sealed bid procurements, any offer based on use of that particular foreign construction material shall be rejected as nonresponsive. (ii) In negotiated procurements, any offer based on use of that particular foreign construction material may not be accepted unless revised during negotiations. (End of provision) 14 52.228-1 BID GUARANTEE (SEP 1996) (a) Failure to furnish a bid guarantee in the proper form and amount, by the time set for opening of bids, may be cause for rejection of the bid. (b) The bidder shall furnish a bid guarantee in the form of a firm commitment, e.g., bid bond supported by good and sufficient surety or sureties acceptable to the Government, postal money order, certified check, cashier's check, irrevocable letter of credit, or, under Treasury Department regulations, certain bonds or notes of the United States. The Contracting Officer will return bid guarantees, other than bid bonds, (1) to unsuccessful bidders as soon as practicable after the opening of bids, and (2) to the successful bidder upon execution of contractual DACW67-99-B-0017 00100-6 094283 documents and bonds (including any necessary coinsurance or reinsurance agreements), as required by the bid as accepted. (c) The amount of the bid guarantee shall be 20 percent of the bid price or $3,000,000.00, whichever is less. (d) If the successful bidder, upon acceptance of its bid by the Government within the period specified for acceptance, fails to execute all contractual documents or furnish executed bond(s) within 10 days after receipt of the forms by the bidder, the Contracting Officer may terminate the contract for default. (e) In the event the contract is terminated for default, the bidder is liable for any cost of acquiring the work that exceeds the amount of its bid, and the bid guarantee is available to offset the difference. (End of provision) 15 52.228-11 PLEDGES OF ASSETS (FEB 1992) (a) Offerors shall obtain from each person acting as an individual surety on a bid guarantee, a performance bond, or a payment bond-- (1) Pledge of assets; and (2) Standard Form 28, Affidavit of Individual Surety. (b) Pledges of assets from each person acting as an individual surety shall be in the form of-- (1) Evidence of an escrow account containing cash, certificates of deposit, commercial or Government securities, or other assets described in FAR 28.203-2 (except see 28.203-2(b)(2) with respect to Government securities held in book entry form) and/or; (2) A recorded lien on real estate. The offeror will be required to provide— (i) Evidence of title in the form of a certificate of title prepared by a title insurance company approved by the United States Department of Justice. This title evidence must show fee simple title vested in the surety along with any concurrent owners; whether any real estate taxes are due and payable; and any recorded encumbrances against the property, including the lien filed in favor of the Government as required by FAR 28.203-3(d); (ii) Evidence of the amount due under any encumbrance shown in the evidence of title; (iii) A copy of the current real estate tax assessment of the property or a current appraisal dated no earlier than 6 months prior to the date of the bond, prepared by a professional appraiser who certifies that the appraisal has been conducted in accordance with the generally accepted appraisal standards as reflected in the Uniform Standards of Professional Appraisal Practice, as promulgaged by the Appraisal Foundation. (End of clause) DACW67-99-B-0017 00100-7 094283 16 52.233-2 SERVICE OF PROTEST (AUG 1996) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Seattle Distirct, Coprs of Engineers 4735 East Marginal Way South Seattle, WA 98134-2385 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. (End of provision) 17 52.204-7004 REQUIRED CENTRAL CONTRACTOR REGISTRATION (MAR 1998) (a) Definitions. As used in this clause— (1) "Central Contractor Registration (CCR) database" means the primary DoD repository for contractor information required for the conduct of business with DoD. (2) "Data Universal Numbering System (DUNS) number" means the 9- digit number assigned by Dun and Bradstreet Information Services to identify unique business entities. (3) "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by Dun and Bradstreet plus a 4-digit suffix that may be assigned by a parent (controlling) business concern. This 4-digit suffix may be assigned at the discretion of the parent business concern for such purposes as identifying subunits or affiliates of the parent business concern. (4) "Registered in the CCR database" means that all mandatory information, including the DUNS number or the DUNS+4 number, if applicable, and the corresponding Commercial and Government Entity (CAGE) code, is in the CCR database; the DUNS number and the CAGE code have been validated; and all edits have been successfully completed. (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee must be registered in the CCR database prior to award, during performance, and through final payment of any contract resulting from this solicitation, except for awards to foreign vendors for work to be performed outside the United States. (2) The offeror shall provide its DUNS or, if applicable, its DUNS+4 number with its offer, which will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. (3) Lack of registration in the CCR database will make an offeror ineligible for award. (4) DoD has established a goal of registering an applicant in the CCR database within 48 hours after receipt of a complete and accurate application via the Internet. However, registration of an applicant submitting an application through a method other than the Internet may take up to 30 days. Therefore, offerors that are not registered should consider applying for registration immediately upon receipt of this solicitation. (c) The Contractor is responsible for the accuracy and completeness DACW67-99-B-0017 00100-8 094283 of the data within the CCR, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to confirm on an annual basis that its information in the CCR database is accurate and complete. (d) Offerors and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or via the Internet at http://ccr.edi.disa.mil. (End of clause) 18 52.236-7008 CONTRACT PRICES --BIDDING SCHEDULES (DEC 1991) (a) The Government's payment for the items listed in the Bidding Schedule shall constitute full compensation to the Contractor for-- (1) Furnishing all plant, labor, equipment, appliances, and materials; and (2) Performing all operations required to complete the work in conformity with the drawings and specifications. (b) The Contractor shall include in the prices for the items listed in the Bidding Schedule all costs for work in the specifications, whether or not specifically listed in the Bidding Schedule. (End of provision) 19 52.214-5000 ARITHMETIC DISCREPANCIES (MAR 1995)--EFARS (a) For the purpose of initial evaluations of bids, the following will be utilized in the resolving arithmetic discrepancies found on the face of bidding schedule as submitted by the bidder: (1) Obviously misplaced decimal points will be corrected; (2) Discrepancy between unit price and extended price, the unit price will govern; (3) Apparent errors in extension of unit prices will be corrected- (4) Apparent errors in addition of lump -sum and extended prices will be corrected. (b) For the purpose of bid evaluation, the government will proceed on the assumption that the bidder intends his bid to be evaluated on basis of the unit prices, the totals arrived at by resolution of arithmetic discrepancies as provided above and the bid will be so reflected on the abstract of bids. (c) These correction procedures shall not be used to resolve any ambiguity concerning which bid is low. (End of statement) 20 52.214-4021 AWARD (52.0214-4021) Notwithstanding any other provisions of this solicitation, the Government intends to make award to only one bidder. Failure to include a price for all items in the schedule will result in the bid/offer being rejected as nonresponsive. DACW67-99-B-0017 00100-9 094283 21 52.214-4022 BASIS OF AWARD (52.0214-4022) Notwithstanding any other provision of this invitation, the Government will award all base bid items as a minimum. 22 52.228-4001 INFORMATION REGARDING PERFORMANCE AND PAYMENT BONDS (FAR 28.102): (52.0228-4001) Within 10 days after the prescribed forms are presented to the bidder to whom award is made, unless a shorter time is prescribed in the contract, two bonds, namely a performance bond (Standard Form 25) and a payment bond (Standard Form 25A), shall be executed and furnished to the Government, each with good and sufficient surety or sureties acceptable to the Government. The penal sums of such bonds shall be as follows: (1) Performance Bond. The penal sum of the performance bond shall equal one hundred percent (100%) of the contract price. (2) Payment Bond. (i) When the contract price is $1,000,000 or less, the penal sum shall be fifty percent (50%) of the contract price. (ii) When the contract price is in excess of $1,000,000 but not more than $5,000,000, the penal sum shall be forty percent (40%) of the contract price. (iii) When the contract price is in excess of $5,000,000, the penal sum shall be $2,500,000. Any bonds furnished will be furnished by the Contractor to the Government prior to commencement of contract performance. 23 52.228-4003 INDIVIDUAL SURETIES (52.0228-4003) As prescribed in FAR 28.203, individual sureties are acceptable for all types of bonds except position schedule bonds. One individual surety is adequate support for a bond, provided the unencumbered value of the assets pledged by that individual surety equal or exceed the amount of the bond. An offeror may submit up to three individual sureties for each bond, in which case the pledged assets, when combined, must equal or exceed the penal amount of the bond. Each individual surety must accept both joint and several liability to the extent of the penal amount of the bond. An individual surety may be accepted only if a security interest in acceptable assets is provided to the Government by the individual surety. THE SECURITY INTEREST SHALL BE FURNISHED WITH THE BOND. Acceptable assets include: (a) Cash, or certificates of deposit, or other cash equivalents with a federally insured financial institution; (b) United States Government securities at market value. (c) Stocks and bonds actively traded on a national U.S. security exchange with certificates issued in the name of the individual surety. (See FAR 28.203-2(b)(3) for list of acceptable exchanges). (d) Real property owned in fee simple by the surety without any form of concurrent ownership, escept as provided in FAR 28.203-2(c) (3)(iii), and located within the 50 United States, its territories, or possessions. These assets will be accepted at 100% of the most current tax assessment value (exclusive of encumbrances) or 75% of the DACW67-99-B-0017 00100-10 094283 properties' unencumbered market value provided a current appraisal is furnished. (See clause entitled "Pledges of Assets"). (e) Irrevocable letters of credit (ILC) issued by a federally insured financial institution in the name of the contracting agency and which identify the agency and solicitation or contract number for which the ILC is provided. Unacceptable assets include but are not limited to: (a) Notes or accounts receivable; (b) Foreign securities; (c) Real property as follows: (1) Real property located outside the United States, its territories, or possessions. (2) Real property which is a principal residence of the surety. (3) Real property owned concurrently regardless of the form of co -tenancy (including joint tenancy, tenancy by the entirety, and tenancy in common) except where all co -tenants agree to act jointly. (4) Life estates, leasehold estates, or future interests in real property. (d) Personal property other than that listed as acceptable assets above (e.g., jewelry, furs, antiques); (e) Stocks and bonds of the individual surety in a controlled, affiliated, or closely held concern of the offeror/contractor; (f) corporate assets (e.g., plant and equipment); (g) Speculative assets (e.g., mineral rights); (h) Letters of credit, except as provided above. In order for the Contracting Officer to determine the acceptability of individuals proposed as sureties, all bidders/offerors who submit bonds which are executed by individual sureties shall furnish with the bonds: (a) SF28, Affidavit of Individual Surety, (b) Security interest provided to the Government for all pledged assets (See clause entitled "Pledge of Assets") and (c) A current list of all other bonds (including Bid Bonds) on which each individual surety is a surety and bonds for which the individual is requesting to be a surety, together with a statement as to the percent of completion of these bonded jobs. The list will include Contract or Solicitation Numbers, the name, address and telephone number of the contracting office, the type of bond (bid, performance or payment), and the amount of each original obligation. (Note: Performance and Payment bonds must be listed separately.) Failure to furnish this information may result in non -approval of the surety and a determination of nonresponsibility. 24 52.236-4902 MAGNITUDE OF CONSTRUCTION (FAR 36.204) (52.0236-4902) (a) Amount of Construction for this solicitation is in the range of $1 Million $5 Million to END OF SECTION 00100 DACW67-99-B-0017 00100-11 094283 TABLE OF CONTENTS SECTION 00600 REPRESENTATIONS & CERTIFICATIONS 1 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) 2 52.203-4 reserved 3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) 4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) 5 52.204-5 WOMEN -OWNED BUSINESS (OCT 1995) 6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) 7 52.214-2 RESERVED 8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1998) 9 52.219-2 EQUAL LOW BIDS (OCT 1995) 10 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (JAN 1997) 11 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) 12 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) 13 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) 14 52.223-5 POLLUTION PREVENTION AND RIGHT -TO -KNOW INFORMATION (APR 1998) 15 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) 16 52.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998) 17 52.219-7000 RESERVED 18 52.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) PRE -AWARD INFORMATION DACW67-99-B-0017 00600-i 094283 SECTION 00600 REPRESENTATIONS & CERTIFICATIONS 52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) (a) The offeror certifies that-- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered; (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory— (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above; or (2)(i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a) (3) above. (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of provision) 52.203-4 reserved 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991) (a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal DACW67-99-B-0017 00600-1 094283 Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification. (b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989-- (1) No Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement; (2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and (3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. (c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. (End of provision) 4 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998) (a) Definitions. Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member. Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number. (b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract. (c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship DACW67-99-B-0017 00600-2 094283 with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (d) Taxpayer Identification Number (TIN). [ ] TIN: [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (e) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other (f) Common parent. [ ] Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision. [ ] Name and TIN of common parent: Name TIN (End of provision) 5 52.204-5 WOMEN -OWNED BUSINESS (OCT 1995) (a) Representation. The offeror represents that it [ ] is, [ ] is not a women -owned business concern. (b) Definition. "Women -owned business concern," as used in this provision, means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. (End of provision) 6 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that-- (i) The Offeror and/or any of its Principals -- (A) Are / / are not / / presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have / / have not / /, within a three-year period preceding DACW67-99-B-0017 00600-3 094283 this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and (C) Are / / are not / / presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision. (ii) The Offeror has / / has not / /, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision) DACW67-99-B-0017 006004 094283 52.214-2 RESERVED 8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 1998) (a)(1) The standard industrial classification (SIC) code for this acquisition is 1629 (2) The small business size standard is $17 Million (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b) Representations. (1) The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) (Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (3) (Complete only if offeror represented itself as a small business concern in paragraph (b)(1) of this provision.) The offeror represents as part of its offer that it [ ] is, [ ] is not a women -owned small business concern. (c) Definitions. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of this provision. "Women -owned small business concern," as used in this provision, means a small business concern-- (1) Which is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. (d) Notice. (1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set -aside contains restrictions on the source of the end items to be furnished. (2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's status as a small or small disadvantaged business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall-- (i) Be punished by imposition of fine, imprisonment, or both; (ii) Be subject to administrative remedies, including suspension and debarment; and (iii) Be ineligible for participation in programs conducted under the authority of the Act. (End of provision) 9 52.219-2 EQUAL LOW BIDS (OCT 1995) (a) This provision applies to small business concerns only. DACW67-99-B-0017 00600-5 094283 (b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space, the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the first -tier subcontractors) amount to more than 50 percent of the contract price. (c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving priority consideration under this provision and would not have otherwise received award, the bidder shall perform the contract or cause the contract to be performed in accordance with the obligations of an LSA concern. (End of provision) 10 52.219-19 SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM (JAN 1997) (a) Definition. "Emerging small business" as used in this solicitation, means a small business concern whose size is no greater than 50 percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity. (b) (Complete only if the Offeror has represented itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.) The Offeror [ ] is, [ ] is not an emerging small business. (c) (Complete only if the Offeror is a small business or an emerging small business, indicating its size range.) Offeror's number of employees for the past 12 months (check this column if size standard stated in solicitation is expressed in terms of number of employees) or Offeror's average annual gross revenue for the last 3 fiscal years (check this column if size standard stated in solicitation is expressed in terms of annual receipts). (Check one of the following.) No. of Employees I Avg. Annual Gross Revenues 50 or fewer $1 million or less 51-100 $1,000,001-$2 million 101-250 $2,000,001-$3.5 million 251-500 $3,500,00145 million 501-750 $5,000,001410 million 751-1,000 $10,000,001417 million Over 1,000 Over $17 million (End of provision) 11 52.222-21 CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984) (a) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or DACW67-99-B-0017 00600-6 094283 dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise. (b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract. (c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will-- (1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (2) Retain the certifications in the files; and (3) Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. (End of provision) (R 7-2003.14(b)(1)(A) 1970 AUG) (R 1-12.803-10(d)) 12 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984) The offeror represents that -- (a) It /_/ has, /_/ has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (b) It /_/ has, /_/ has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (End of provision) (R 7-2003.14(b)(1)(B) 1973 APR) 13 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984) The Offeror certifies that -- (a) Any facility to be used in the performance of this proposed contract is /_/ is not /_/ listed on the Environmental Protection Agency (EPA) List DACW67-99-B-0017 00600-7 094283 of Violating Facilities; (b) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract. (End of provision) (AV 7-2003.71 1977 JUN) (AV 1-1.2302-1) 14 52.223-5 POLLUTION PREVENTION AND RIGHT -TO -KNOW INFORMATION (APR 1998) (a) Executive Order 12856 of August 3, 1993, requires Federal facilities to comply with the provisions of the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRA) (42 U.S.C. 11001-11050) and the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13101-13109). (b) The Contractor shall provide all information needed by the Federal facility to comply with the emergency planning reporting requirements of Section 302 of EPCRA; the emergency notice requirements of Section 304 of EPCRA; the list of Material Data Safety Sheets required by Section 311 of EPCRA; the emergency and hazardous chemical inventory forms of Section 312 of EPCRA; the toxic chemical release inventory of Section 313 of EPCRA, which includes the reduction and recycling information required by Section 6607 of PPA; and the toxic chemical reduction goals requirements of Section 3-302 of Executive Order 12856. (End of clause) 15 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) (a) Submission of this certification is a prerequisite for making or entering into this contract imposed by Executive Order 12969, August 8, 1995. (b) By signing this offer, the offeror certifies that---- (1) As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or DACW67-99-B-0017 00600-8 094283 (2) None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.) (i) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023 (c) ; (ii) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023 (b) (1) (A) ; (iii) The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); (iv) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation; or (v) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. (End of provision) 16 52.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998) (a) Definitions. As used in this provision-- (1) "Government of a terrorist country" includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) "Terrorist country" means a country determined by the Secretary of State, under section 6 (j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405 (j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. (3) "Significant interest" means-- (i) Ownership of or beneficial interest in 5 percent or more of the firm's or subsidiary's securities. Beneficial interest includes holding 5 percent or more of any class of the firm's securities in "nominee shares," "street names," or some other method of holding securities that does not disclose the beneficial owner; (ii) Holding a management position in the firm, such as a director or officer; (iii) Ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or (v) Holding 50 percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, DACW67-99-B-0017 00600-9 094283 in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include— (1) Identification of each government holding a significant interest; and (2) A description of the significant interest held by each government. (End of provision) 17 52.219-7000 RESERVED 18 52.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) (a) Definitions. As used in this clause— (1) "Foreign person" means any person other than a United States person as defined in section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec 2415). (2) "United States person" is defined in section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President. (b) Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it-- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec 2407(a) prohibits a United States person from taking. (End of clause) DACW67-99-B-0017 00600-10 094283 SUBMIT THE FOLLOWING INFORMATION WITH YOUR BID NOTICE TO BIDDERS REGARDING PRE -AWARD INFORMATION It is requested that the following information be provided with your bid: 1. Company Name and Address: 2. Point of Contact: Name: Phone: () Alt Phone: O Fax: �) 3. Electronic Transfer Payments will now be required for all new contracts. Do you currently receive Electronic Transfer Payments from this agency? (agency codes 00005524/00006482) Yes NO( ) 4. Name of Bank and Branch Personal Banker Telephone Number 5. Name of Bonding Agent Company Agents Name Telephone 6. List three projects that are substantially complete or have been completed within the last two years that are similar to this project. Projects should be listed in the following order: Federal Projects, state projects, city and county projects, than commercial projects. Please provide in the following format: a) Title of Project Agency/Company Award Amount Point of Contact Telephone Number DACW67-99-B-0017 00600-11 094283 b) Title of Project Agency/Company Award Amount Point of Contact Telephone Number c) Title of Project Agency/Company Award Amount Point of Contact Telephone Number 7) List all outstanding uncompleted projects, in the following format: a) Title of Project Agency/Company Completion Date Award Amount b) Title of Project Agency/Company Completion Date Award Amount c) Title of Project Agency/Company Completion Date Award Amount END OF SECTION 00600 DACW67-99-B-0017 00600-12 This page intentionally blank 094283 TABLE OF CONTENTS SECTION 00700 CONTRACT CLAUSES 1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 2 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996) 3 52.202-1 I DEFINITIONS (OCT 1995)--ALTERNATE I (APR 1984) 4 52.203-3 GRATUITIES (APR 1984) 5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) 6 52.203-7 ANTI -KICKBACK PROCEDURES (JUL 1995) 7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 8 52.203-9 reserved 9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997) 11 52.204-4 PRINTING/COPYING DOUBLE -SIDED ON RECYCLED PAPER (JUN 1996) 12 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTOR DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) 13 52.214-26 AUDIT AND RECORDS --SEALED BIDDING (OCT 1997) 14 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA--MODIFICATIONS--SEALED BIDDING (OCT 1997) 15 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS CONCERNS (JUN 1997) 16 52.219-9 I SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996)--ALTERNATE I (OCT 1995) 17 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (AUG 1998) 18 52.222-3 CONVICT LABOR (AUG 1996) 19 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT --OVERTIME COMPENSATION (JUL 1995) 20 52.222-6 DAVIS-BACON ACT (FEB 1995) 21 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) 22 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) 23 52.222-9 APPRENTICES AND TRAINEES (FEB 1988) 24 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) 25 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) 26 52.222-12 CONTRACT TERMINATION --DEBARMENT (FEB 1988) 27 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) 28 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) 29 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) 30 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984) 31 52.222-26 EQUAL OPPORTUNITY (APR 1984) 32 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) 33 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) 34 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) 35 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) 36 52.223-2 CLEAN AIR AND WATER (APR 1984) 37 52.223-6 DRUG -FREE WORKPLACE (JAN 1997) 38 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) 39 52.225-5 BUY AMERICAN ACT --CONSTRUCTION MATERIALS (JUN 1997) 40 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (AUG 1998) 41 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISE (SEP 1996) 42 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) 43 52.227-4 PATENT INDEMNITY --CONSTRUCTION CONTRACTS (APR 1984) 44 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) DACW67-99-B-0017 00700-i 094283 45 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995) 46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) 47 52.232-5 PAYMENTS UNDER FIXED -PRICE CONSTRUCTION CONTRACTS (MAY 1997) 48 52.232-17 INTEREST (JUN 1996) 49 52.232-18 AVAILABILITY OF FUNDS (APR 1984) 50 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) 51 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUN 1997) 52 52.232-28 Reserved 53 52.233-1 I DISPUTES (OCT 1995)--ALTERNATE I (DEC 1991) 54 52.233-3 PROTEST AFTER AWARD (AUG 1996) 55 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) 56 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) 57 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) 58 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) 59 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) 60 52.236-8 OTHER CONTRACTS (APR 1984) 61 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) 62 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) 63 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) 64 52.236-12 CLEANING UP (APR 1984) 65 52.236-13 ACCIDENT PREVENTION (NOV 1991) 66 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) 67 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) 68 52.242-13 BANKRUPTCY (JUL 1995) 69 52.242-14 SUSPENSION OF WORK (APR 1984) 70 52.243-4 CHANGES (AUG 1987) 71 52.244-1 RESERVED 72 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (OCT 1998) 73 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) 74 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) 75 52.248-3 VALUE ENGINEERING --CONSTRUCTION (MAR 1989) 76 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED -PRICE) (SEP 1996)--ALTERNATE I (SEP 1996) 77 52.249-10 DEFAULT (FIXED -PRICE CONSTRUCTION) (APR 1984) 78 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) 79 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) 80 52.203-7000 RESERVED 81 52.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (JUN 1997) 82 52.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) 83 52.209-7003 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (MAR 1998) 84 52.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998) 85 52.223-7004 DRUG -FREE WORK FORCE (SEP 1988) 86 52.223-7005 HAZARDOUS WASTE LIABILITY (OCT 1992) 87 52.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966) 88 52.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) 89 52.232-7006 RESERVED 90 52.232-7009 PAYMENT BY ELECTRONIC FUNDS TRANSFER (CCR) (JUN 1998) 91 52.236-7000 MODIFICATION PROPOSALS --PRICE BREAKDOWN (DEC 1991) 92 52.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) 93 52.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) 94 52.248-7000 PREPARATION OF VALUE ENGINEERING CHANGE PROPOSALS (MAY 1994) 95 52.249-7001 reserved 96 52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS 97 52.201-4001 SUCCESSOR CONTRACTING OFFICERS (52.0201-4001) DACW67-99-B-0017 00700-ii 094283 SECTION 00700 CONTRACT CLAUSES 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses: http://www.arnet.gov/far http://farsite.hill.af.mil http://www.dtic.mil/dfars (End of clause) 2 52.232-33 MANDATORY INFORMATION FOR ELECTRONIC FUNDS TRANSFER PAYMENT (AUG 1996) (a) Method of payment. Payments by the Government under this contract, including invoice and contract financing payments, may be made by check or electronic funds transfer (EFT) at the option of the Government. If payment is made by EFT, the Government may, at its option, also forward the associated payment information by electronic transfer. As used in this clause, the term "EFT" refers to the funds transfer and may also include the information transfer. (b) Mandatory submission of Contractor's EFT information. (1) The Contractor is required, as a condition to any payment under this contract, to provide the Government with the information required to make payment by EFT as described in paragraph (d) of this clause, unless the payment office determines that submission of the information is not required. However, until January 1, 1999, in the event the Contractor certifies in writing to the payment office that the Contractor does not have an account with a financial institution or an authorized payment agent, payment shall be made by other than EFT. For any payments to be made after January 1, 1999, the Contractor shall provide EFT information as described in paragraph (d) of this clause. (2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the payment office. (c) Contractor's EFT information. Prior to submission of the first request for payment (whether for invoice or contract financing payment) under this contract, the Contractor shall provide the information required to make contract payment by EFT, as described in paragraph (d) of this clause, directly to the Government payment office named in this contract. If more than one payment office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the changed information to the designated payment office(s). (d) Required EFT information. The Government may make payment by EFT through either an Automated Clearing House (ACH) subject to the banking laws of the United States or the Federal Reserve Wire Transfer System at the Government's option. The Contractor shall provide the following information for both methods in a form acceptable to the designated payment office. The Contractor may supply this data for this or multiple contracts (see paragraph (b) of this clause). (1) The contract number to which this notice applies. (2) The Contractor's name and remittance address, as stated in the DACW67-99-B-0017 00700-1 094283 contract, and account number at the Contractor's financial agent. (3) The signature (manual or electronic, as appropriate), title, and telephone number of the Contractor official authorized to provide this information. (4) For ACH payments only: (i) Name, address, and 9-digit Routing Transit Number of the Contractor's financial agent. (ii) Contractor's account number and the type of account (checking, saving, or lockbox). (5) For Federal Reserve Wire Transfer System payments only: (i) Name, address, telegraphic abbreviation, and the 9-digit Routing Transit Number for the Contractor's financial agent. (ii) If the Contractor's financial agent is not directly on-line to the Federal Reserve Wire Transfer System and, therefore, not the receiver of the wire transfer payment, the Contractor shall also provide the name, address, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment. (e) Suspension of payment. (1) Notwithstanding the provisions of any other clause of this contract, the Government is not required to make any payment under this contract until after receipt, by the designated payment office, of the correct EFT payment information from the Contractor or a certificate submitted in accordance with paragraph (b) of this clause. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a valid invoice or contract financing request as defined in the Prompt Payment clause of this contract. (2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30th day after its receipt to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the Prompt Payment clause of this contract, the Contractor's request for suspension shall extend the due date for payment by the number of days of the suspension. (f) Contractor EFT arrangements. The Contractor shall designate a single financial agent capable of receiving and processing the electronic funds transfer using the EFT methods described in paragraph (d) of this clause. The Contractor shall pay all fees and charges for receipt and processing of transfers. (g) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government failed to use the Contractor -provided EFT information in the correct manner, the Government remains responsible for (i) making a correct payment, (ii) paying any prompt payment penalty due, and (iii) recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because Contractor -provided EFT information was incorrect at the time of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government retains the right to either make payment by mail or suspend DACW67-99-B-0017 00700-2 094283 the payment in accordance with paragraph (e) of this clause. (h) EFT and prompt payment. (1) A payment shall be deemed to have been made in a timely manner in accordance with the Prompt Payment clause of this contract if, in the EFT payment transaction instruction given to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (2) When payment cannot be made by EFT because of incorrect EFT information provided by the Contractor, no interest penalty is due after the date of the uncompleted or erroneous payment transaction, provided that notice of the defective EFT information is issued to the Contractor within 7 days after the Government is notified of the defective EFT information. (i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for.in the.Assignment of Claims clause of this contract, the assignee shall provide the assignee EFT information required by paragraph (d) of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information which shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (e) of this clause. (j) Payment office discretion. If the Contractor does not wish to receive payment by EFT methods for one or more payments, the Contractor may submit a request to the designated payment office to refrain from requiring EFT information or using the EFT payment method. The decision to grant the request is solely that of the Government. (k) Change of EFT information by financial agent. The Contractor agrees that the Contractor's financial agent may notify the Government of a change to the routing transit number, Contractor account number, or account type. The Government shall use the changed data in accordance with paragraph (e)(2) of this clause. The Contractor agrees that the information provided by the agent is deemed to be correct information as if it were provided by the Contractor. The Contractor agrees that the agent's notice of changed EFT data is deemed to be a request by the Contractor in accordance with paragraph (e)(2) that no further payments be made until the changed EFT information is implemented by the payment office. (End of clause) 3 52.202-1 I DEFINITIONS (OCT 1995)--ALTERNATE I (APR 1984) (a) "Head of the agency" (also called "agency head") or "Secretary" means the Secretary (or Attorney General, Administrator, Governor, Chairperson, or other chief official, as appropriate) of the agency, including any deputy or assistant chief official of the agency; and the term "authorized representative" means any person, persons, or board (other than the Contracting Officer) authorized to act for the head of the agency or Secretary. (b) Commercial component means any component that is a commercial item. (c) Component means any item supplied to the Federal Government as part of an end item or of another component. (d) Nondevelopmental item means-- (1) Any previously developed item of supply used exclusively for governmental purposes by a Federal agency, a State or local government, DACW67-99-B-0017 00700-3 094283 or a foreign government with which the United States has a mutual defense cooperation agreement; (2) Any item described in paragraph (e)(1) of this definition that requires only minor modification or modifications of a type customarily available in the commercial marketplace in order to meet the requirements of the procuring department or agency; or (3) Any item of supply being produced that does not meet the requirements of paragraph (e)(1) or (e)(2) solely because the item is not yet in use. (e) "Contracting Officer" means a person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. The term includes certain authorized representatives of the Contracting Officer acting within the limits of their authority as delegated by the Contracting Officer. (f) Except as otherwise provided in this contract, the term "subcontracts" includes, but is not limited to, purchase orders and changes and modifications to purchase orders under this contract. (End of clause) 4 52.203-3 GRATUITIES (APR 1984) (a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative— (1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and (2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction. (c) If this contract is terminated under paragraph (a) above, the Government is entitled— (1) To pursue the same remedies as in a breach of the contract; and (2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.) (d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. (End of clause) (R 7-104.16 1952 MAR) 5 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984) (a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) "Bona fide agency," as used in this clause, means an established DACW67-99-B-0017 007004 094283 commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. "Bona fide employee," as used in this clause, means a person, employed by a Contractor and subject to the Contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. "Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. "Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. (End of clause) (R 7-103.20 1958 JAN) (R 1-1.503) (R 1-7.102-18) 6 52.203-7 ANTI -KICKBACK PROCEDURES (JUL 1995) (a) Definitions. "Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "Prime Contractor" as used in this clause, means a person who has entered into a prime contract with the United States. "Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor. "Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor. "Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor. (b) The Anti -Kickback Act of 1986 (41 U.S.C. 51-58) (the Act), prohibits DACW67-99-B-0017 00700-5 094283 any person from-- (1) Providing or attempting to provide or offering to provide any kickback; (2) Soliciting, accepting, or attempting to accept any kickback; or (3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor. (c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships. (2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Department of Justice. (3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause. (4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold from sums owed a subcontractor under the prime contract the amount of the kickback. The Contracting Officer may order that monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld. (5) The Contractor agrees to incorporate the substance of this clause, including subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $100,000. (End of clause) 7 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (a) If the Government receives information that a contractor or a person has engaged in conduct constituting a violation of subsection (a), (b), (c), or (d) of Section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423) (the Act), as amended by section 4304 of the National Defense Authorization Act for Fiscal Year 1996 (Pub. L. 104-106), the Government may-- (1) Cancel the solicitation, if the contract has not yet been awarded or issued; or (2) Rescind the contract with respect to which— (i) The Contractor or someone acting for the Contractor has been convicted for an offense where the conduct constitutes a violation of subsection 27 (a) or (b) of the Act for the purpose of either -- (A) Exchanging the information covered by such subsections for anything of value; or (B) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (ii) The head of the contracting activity has determined, based upon a preponderance of the evidence, that the Contractor or someone acting DACW67-99-B-0017 00700-6 094283 for the Contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act. (b) If the Government rescinds the contract under paragraph (a) of this clause, the Government is entitled to recover, in addition to any penalty prescribed by law, the amount expended under the contract. (c) The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law, regulation, or under this contract. (End of clause) 8 52.203-9 reserved 9 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) (a) The Government, at its election, may reduce the price of a fixed -price type contract and the total cost and fee under a cost -type contract by the amount of profit or fee determined as set forth in paragraph (b) of this clause if the head of the contracting activity or designee determines that there was a violation of subsection 27 (a), (b), or (c) of the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 423), as implemented in section 3.104 of the Federal Acquisition Regulation. (b) The price or fee reduction referred to in paragraph (a) of this clause shall be-- (1) For cost -plus -fixed -fee contracts, the amount of the fee specified in the contract at the time of award; (2) For cost -plus -incentive -fee contracts, the target fee specified in the contract at the time of award, notwithstanding any minimum fee or "fee floor" specified in the contract; (3) For cost -plus -award -fee contracts-- (i) The base fee established in the contract at the time of contract award; (ii) If no base fee is specified in the contract, 30 percent of the amount of each award fee otherwise payable to the Contractor for each award fee evaluation period or at each award fee determination point. (4) For fixed -price -incentive contracts, the Government may-- (i) Reduce the contract target price and contract target profit both by an amount equal to the initial target profit specified in the contract at the time of contract award; or (ii) If an immediate adjustment to the contract target price and contract target profit would have a significant adverse impact on the incentive price revision relationship under the contract, or adversely affect the contract financing provisions, the Contracting Officer may defer such adjustment until establishment of the total final price of the contract. The total final price established in accordance with the incentive price revision provisions of the contract shall be reduced by an amount equal to the initial target profit specified in the contract at the time of contract award and such reduced price shall be the total final contract price. (5) For firm -fixed -price contracts, by 10 percent of the initial contract price or a profit amount determined by the Contracting Officer from records or documents in existence prior to the date of the contract award. DACW67-99-B-0017 00700-7 094283 (c) The Government may, at its election, reduce a prime contractor's price or fee in accordance with the procedures of paragraph (b) of this clause for violations of the Act by its subcontractors by an amount not to exceed the amount of profit or fee reflected in the subcontract at the time the subcontract was first definitively priced. (d) In addition to the remedies in paragraphs (a) and (c) of this clause, the Government may terminate this contract for default. The rights and remedies of the Government specified herein are not exclusive, and are in addition to any other rights and remedies provided by law or under this contract. (End of clause) 10 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN 1997) (a) Definitions. "Agency," as used in this clause, means executive agency as defined in 2.101. "Covered Federal action," as used in this clause, means any of the following Federal actions: (1) The awarding of any Federal contract. (2) The making of any Federal grant. (3) The making of any Federal loan. (4) The entering into of any cooperative agreement. (5) The extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. "Indian tribe" and "tribal organization," as used in this clause, have the meaning provided in section 4 of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450B) and include Alaskan Natives. "Influencing or attempting to influence," as used in this clause, means making, with the intent to influence, any communication to or appearance before an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any covered Federal action. "Local government," as used in this clause, means a unit of government in a State and, if chartered, established, or otherwise recognized by a State for the performance of a governmental duty, including a local public authority, a special district, an intrastate district, a council of governments, a sponsor group representative organization, and any other instrumentality of a local government. "Officer or employee of an agency," as used in this clause, includes the following individuals who are employed by an agency: (1) An individual who is appointed to a position in the Government under title 5, United States Code, including a position under a temporary appointment. (2) A member of the uniformed services, as defined in subsection 101(3), title 37, United States Code. (3) A special Government employee, as defined in section 202, title 18, United States Code. (4) An individual who is a member of a Federal advisory committee, as defined by the Federal Advisory Committee Act, title 5, United States Code, appendix 2. "Person," as used in this clause, means an individual, corporation, company, association, authority, firm, partnership, society, State, and local government, regardless of whether such entity is operated for profit, or not for profit. This term excludes an Indian tribe, tribal DACW67-99-B-0017 00700-8 094283 organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Reasonable compensation," as used in this clause, means, with respect to a regularly employed officer or employee of any person, compensation that is consistent with the normal compensation for such officer or employee for work that is not furnished to, not funded by, or not furnished in cooperation with the Federal Government. "Reasonable payment," as used in this clause, means, with respect to professional and other technical services, a payment in an amount that is consistent with the amount normally paid for such services in the private sector. "Recipient," as used in this clause, includes the Contractor and all subcontractors. This term excludes an Indian tribe, tribal organization, or any other Indian organization with respect to expenditures specifically permitted by other Federal law. "Regularly employed," as used in this clause, means, with respect to an officer or employee of a person requesting or receiving a Federal contract, an officer or employee who is employed by such person for at least 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person for receipt of such contract. An officer or employee who is employed by such person for less than 130 working days within 1 year immediately preceding the date of the submission that initiates agency consideration of such person shall be considered to be regularly employed as soon as he or she is employed by such person for 130 working days. "State," as used in this clause, means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, a territory or possession of the United States, an agency or instrumentality of a State, and multi -State, regional, or interstate entity having governmental duties and powers. (b) Prohibitions. (1) Section 1352 of title 31, United States Code, among other things, prohibits a recipient of a Federal contract, grant, loan, or cooperative agreement from using appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any of the following covered Federal actions: the awarding of any Federal contract; the making of any Federal grant; the making of any Federal loan; the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement. (2) The Act also requires Contractors to furnish a disclosure if any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement. (3) The prohibitions of the Act do not apply under the following conditions: (1) Agency and legislative liaison by own employees. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action if the payment is for agency and legislative liaison activities not directly related to a covered Federal action. DACW67-99-B-0017 00700-9 094283 (B) For purposes of subdivision (b)(3)(i)(A) of this clause, providing any information specifically requested by an agency or Congress is permitted at any time. (C) The following agency and legislative liaison activities are permitted at any time where they are not related to a specific solicitation for any covered Federal action: (1) Discussing with an agency the qualities and characteristics (including individual demonstrations) of the person's products or services, conditions or terms of sale, and service capabilities. (2) Technical discussions and other activities regarding the application or adaptation of the person's products or services for an agency's use. (D) The following agency and legislative liaison activities are permitted where they are prior to formal solicitation of any covered Federal action— (1) Providing any information not specifically requested but necessary for an agency to make an informed decision about initiation of a covered Federal action; (2) Technical discussions regarding the preparation of an unsolicited proposal prior to its official submission; and (3) Capability presentations by persons seeking awards from an agency pursuant to the provisions of the Small Business Act, as amended by Pub. L. 95-507, and subsequent amendments. (E) Only those services expressly authorized by subdivision (b)(3)(i)(A) of this clause are permitted under this clause. (ii) Professional and technical services. (A) The prohibition on the use of appropriated funds, in subparagraph (b)(1) of this clause, does not apply in the case of- - (1) A payment of reasonable compensation made to an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action, if payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. (2) Any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a covered Federal action or an extension, continuation, renewal, amendment, or modification of a covered Federal action if the payment is for professional or technical services rendered directly in the preparation, submission, or negotiation of any bid, proposal, or application for that Federal action or for meeting requirements imposed by or pursuant to law as a condition for receiving that Federal action. Persons other than officers or employees of a person requesting or receiving a covered Federal action include consultants and trade associations. (B) For purposes of subdivision (b) (3) (ii) (A) of this clause, "professional and technical services" shall be limited to advice and analysis directly applying any professional or technical discipline. For example, drafting of a legal document accompanying a bid or proposal by a lawyer is allowable. Similarly, technical advice provided by an engineer on the performance or operational capability of a piece of equipment rendered directly in the negotiation of a contract is allowable. However, communications with the intent to influence made by a professional (such as a licensed lawyer) or a technical DACW67-99-B-0017 00700-10 094283 person (such as a licensed accountant) are not allowable under this section unless they provide advice and analysis directly applying their professional or technical expertise and unless the advice or analysis is rendered directly and solely in the preparation, submission or negotiation of a covered Federal action. Thus, for example, communications with the intent to influence made by a lawyer that do not provide legal advice or analysis directly and solely related to the legal aspects of his or her client's proposal, but generally advocate one proposal over another are not allowable under this section because the lawyer is not providing professional legal services. Similarly, communications with the intent to influence made by an engineer providing an engineering analysis prior to the preparation or submission of a bid or proposal are not allowable under this section since the engineer is providing technical services but not directly in the preparation, submission or negotiation of a covered Federal action. (C) Requirements imposed by or pursuant to law as a condition for receiving a covered Federal award include those required by law or regulation and any other requirements in the actual award documents. (D) Only those services expressly authorized by subdivisions (b)(3)(ii)(A)(1) and (2) of this clause are permitted under this clause. (E) The reporting requirements of FAR 3.8O3(a) shall not apply with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. (c) Disclosure. (1) The Contractor who requests or receives from an agency a Federal contract shall file with that agency a disclosure form, OMB standard form LLL, Disclosure of Lobbying Activities, if such person has made or has agreed to make any payment using nonappropriated funds (to include profits from any covered Federal action), which would be prohibited under subparagraph (b)(1) of this clause, if paid for with appropriated funds. (2) The Contractor shall file a disclosure form at the end of each calendar quarter in which there occurs any event that materially affects the accuracy of the information contained in any disclosure form previously filed by such person under subparagraph (c)(1) of this clause. An event that materially affects the accuracy of the information reported includes— (i) A cumulative increase of $25,000 or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or (ii) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or (iii) A change in the officer(s), employee(s), or Member(s) contacted to influence or attempt to influence a covered Federal action. (3) The Contractor shall require the submittal of a certification, and if required, a disclosure form by any person who requests or receives any subcontract exceeding $100,000 under the Federal contract. (4) All subcontractor disclosure forms (but not certifications) shall be forwarded from tier to tier until received by the prime Contractor. The prime Contractor shall submit all disclosures to the Contracting Officer at the end of the calendar quarter in which the disclosure form is submitted by the subcontractor. Each subcontractor certification shall be retained in the subcontract file of the awarding Contractor. (d) Agreement. The Contractor agrees not to make any payment prohibited by this clause. DAC W67-99-B-0017 00700-11 094283 (e) Penalties. (1) Any person who makes an expenditure prohibited under paragraph (a) of this clause or who fails to file or amend the disclosure form to be filed or amended by paragraph (b) of this clause shall be subject to civil penalties as provided for by 31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable. (2) Contractors may rely without liability on the representation made by their subcontractors in the certification and disclosure form. (f) Cost allowability. Nothing in this clause makes allowable or reasonable any costs which would otherwise be unallowable or unreasonable. Conversely, costs made specifically unallowable by the requirements in this clause will not be made allowable under any other provision. (End of clause) 11 52.204-4 PRINTING/COPYING DOUBLE -SIDED ON RECYCLED PAPER (JUN 1996) (a) In accordance with Executive Order 12873, dated October 20, 1993, as amended by Executive Order 12995, dated March 25, 1996, the Offeror/Contractor is encouraged to submit paper documents, such as offers, letters, or reports, that are printed/copied double -sided on recycled paper that has at least 20 percent postconsumer material. (b) The 20 percent standard applies to high-speed copier paper, offset paper, forms bond, computer printout paper, carbonless paper, file folders, white woven envelopes, and other uncoated printed and writing paper, such as writing and office paper, book paper, cotton fiber paper, and cover stock. An alternative to meeting the 20 percent postconsumer material standard is 50 percent recovered material content of certain industrial by-products. (End of clause) 12 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JUL 1995) (a) The Government suspends or debars Contractors to protect the Government's interest. The Contractor shall not enter into any subcontract in excess of $25,000 with a Contractor that is debarred, suspended, or proposed for debarment unless there is a compelling reason to do so. (b) The Contractor shall require each proposed first -tier subcontractor, whose subcontract will exceed $25,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, or proposed for debarment by the Federal Government. (c) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is debarred, suspended, or proposed for debarment (see FAR 9.404 for information on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs). The notice must include the following: (1) The name of the subcontractor. (2) The Contractor's knowledge of the reasons for the subcontractor being on the List of Parties Excluded from Federal Procurement and DACW67-99-B-0017 00700-12 094283 Nonprocurement Programs. (3) The compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. (4) The systems and procedures the Contractor has established to ensure that it is fully protecting the Government's interests when dealing with such subcontractor in view of the specific basis for the party's debarment, suspension, or proposed debarment. (End of clause) 13 52.214-26 AUDIT AND RECORDS --SEALED BIDDING (OCT 1997) (a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of type and regardless of whether such items are in written form, in the form of computer data, or in any other form. (b) Cost or pricing data. If the Contractor has been required to submit cost or pricing data in connection with the pricing of any modification to this contract, the Contracting Officer, or an authorized representative of the Contracting Officer, in order to evaluate the accuracy, completeness, and currency of the cost or pricing data, shall have the right to examine and audit all of the Contractor's records, including computations and projections, related to-- (1) The proposal for the modification; (2) The discussions conducted on the proposal(s), including those related to negotiating; (3) Pricing of the modification; or (4) Performance of the modification. (c) Comptroller General. In the case of pricing any modification, the Comptroller General of the United States, or an authorized representative, shall have the same rights as specified in paragraph (b) of this clause. (d) Availability. The Contractor shall make available at its office at all reasonable times the materials described in reproduction, until 3 years after final payment under this contract, or for any other period specified in Subpart 4.7 of the Federal Acquisition Regulation (FAR). FAR Subpart 4.7, Contractor Records Retention, in effect on the data of this contract, is incorporated by reference in its entirety and made a part of this contract. (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. (2) Records pertaining to appeals under the Disputes clause or to litigation or the settlement of claims arising under or relating to the performance of this contract shall be made available until disposition of such appeals, litigation, or claims. (e) The Contractor shall insert a clause containing all the provisions of this clause, including this paragraph (e), in all subcontracts expected to exceed the threshold in FAR 15.403-4(a)(1) for submission of cost or pricing data. (End of clause) 14 52.214-27 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA -- MODIFICATIONS --SEALED BIDDING (OCT 1997) (a) This clause shall become operative only for any modification to this DACW67-99-B-0017 00700-13 094283 contract involving aggregate increases and/or decreases in costs, plus applicable profits, expected to exceed the threshold for the submission of cost or pricing data at FAR 15.403-4(a)(1), except that this clause does not apply to a modification if an exception under FAR 15.403-1(b) applies. (b) If any price, including profit, negotiated in connection with any modification under this clause, was increased by any significant amount because (1) the Contractor or a subcontractor furnished cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Contractor cost or pricing data that were not complete, accurate, and current as certified in the Contractor's Certificate of Current Cost or Pricing Data, or (3) any of these parties furnished data of any description that were not accurate, the price shall be reduced accordingly and the contract shall be modified to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) above. (c) Any reduction in the contract price under paragraph (b) above due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit markup, by which (1) the actual subcontract or (2) the actual cost to the Contractor, if there was no subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor; provided, that the actual subcontract price was not itself affected by defective cost or pricing data. (d)(1) If the Contracting Officer determines under paragraph (b) of this clause that a price or cost reduction should be made, the Contractor agrees not to raise the following matters as a defense: (i) The Contractor or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the contract would not have been modified even if accurate, complete, and current cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the cost or pricing data in issue were defective even though the Contractor or subcontractor took no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The contract was based on an agreement about the total cost of the contract and there was no agreement about the cost of each item procured under the contract. (iv) The Contractor or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2)(i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a contract price reduction if -- (A) The Contractor certifies to the Contracting Officer that, to the best of the Contractor's knowledge and belief, the Contractor is entitled to the offset in the amount requested; and (B) The Contractor proves that the cost or pricing data were available before the date of agreement on the price of the contract (or price of the modification) and that the data were not submitted before such date. (ii) An offset shall not be allowed if -- (A) The understated data was known by the Contractor to be understated when the Certificate of Current Cost or Pricing Data was signed; or (B) The Government proves that the facts demonstrate that the DACW67-99-B-0017 00700-14 094283 contract price would not have increased in the amount to be offset even if the available data had been submitted before the date of agreement on price. (e) If any reduction in the contract price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Contractor shall be liable to and shall pay the United States at the time such overpayment is repaid— (1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Contractor to the date the Government is repaid by the Contractor at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U.S.C. 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Contractor or subcontractor knowingly submitted cost or pricing data which were incomplete, inaccurate, or noncurrent. (End of clause) 15 52.219-8 UTILIZATION OF SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS CONCERNS (JUN 1997) (a) It is the policy of the United States that small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals and small business concerns owned and controlled by women shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals and small business concerns owned and controlled by women. (b) The Contractor hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The Contractor further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the Contractor's compliance with this clause. (c) As used in this contract, the term "small business concern" shall mean a small business as defined pursuant to section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" shall mean a small business concern (1) which is at least 51 percent unconditionally owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is unconditionally owned by one or more socially and economically disadvantaged individuals; and (2) whose management and daily business operations are controlled by one or more of such individuals. This term also means a small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of these entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian Organization, DACW67-99-B-0017 00700-15 094283 and which meets the requirements of 13 CFR 124. The Contractor shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Subcontinent Asian Americans, and other minorities, or any other individual found to be disadvantaged by the Administration pursuant to section 8(a) of the Small Business Act. The Contractor shall presume that socially and economically disadvantaged entities also include Indian Tribes and Native Hawaiian Organizations. (d) The term "small business concern owned and controlled by women" shall mean a small business concern (1) which is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women, and (2) whose management and daily business operations are controlled by one or more women; and (e) Contractors acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a small business concern owned and controlled by socially and economically disadvantaged individuals or a small business concern owned and controlled by women. (End of clause) 16 52.219-9 I SMALL, SMALL DISADVANTAGED AND WOMEN -OWNED SMALL BUSINESS SUBCONTRACTING PLAN (AUG 1996)--ALTERNATE I (OCT 1995) (a) This clause does not apply to small business concerns. (b) "Commercial product," as used in this clause, means a product in regular production that is sold in substantial quantities to the general public and/or industry at established catalog or market prices. It also means a product which, in the opinion of the Contracting Officer, differs only insignificantly from the Contractor's commercial product. "Subcontract," as used in this clause, means any agreement (other than one involving an employer -employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. (c) The apparent low bidder, upon request by the Contracting Officer, shall submit a subcontracting plan, where applicable, which separately addresses subcontracting with small business concerns, with small disadvantaged business concerns and with women -owned small business concerns. If the bidder is submitting an individual contract plan, the plan must separately address subcontracting with small business concerns, small disadvantaged business concerns and women -owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be submitted within the time specified by the Contracting Officer. Failure to submit the subcontracting plan shall make the bidder ineligible for the award of a contract. (d) The offeror's subcontracting plan shall include the following: (1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business concerns, small disadvantaged business concerns and women -owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. (2) A statement of-- (i) Total dollars planned to be subcontracted; DACW67-99-B-0017 00700-16 094283 (ii) Total dollars planned to be subcontracted to small business concerns; (iii) Total dollars planned to be subcontracted to small disadvantaged business concerns; and (iv) Total dollars planned to be subcontracted to women -owned small business concerns. (3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to (i) small business concerns, (ii) small disadvantaged business concerns and (iii) women -owned small business concerns. (4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause. (5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the Procurement Automated Source System (PASS) of the Small Business Administration, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, small disadvantaged and women -owned small business concerns trade associations). A firm may rely on the information contained in PASS as an accurate representation of a concern's size and ownership characteristics for purposes of maintaining a small business source list. A firm may rely on PASS as its small business source list. Use of the PASS as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, publicizing subcontracting opportunities) in this clause. (6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with (i) small business concerns, (ii) small disadvantaged business concerns, and (iii) women -owned small business concerns. (7) The name of the individual employed by the offeror who will administer the offeror's subcontracting program, and a description of the duties of the individual. (8) A description of the efforts the offeror will make to assure that small, small disadvantaged and women -owned small business concerns have an equitable opportunity to compete for subcontracts. (9) Assurances that the offeror will include the clause in this contract entitled "Utilization of Small, Small Disadvantaged and Women -Owned Small Business Concerns" in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) who receive subcontracts in excess of $500,000 ($1,000,000 for construction of any public facility) to adopt a plan similar to the plan agreed to by the offeror. (10) Assurances that the offeror will (i) cooperate in any studies or surveys as may be required, (ii) submit periodic reports in order to allow the Government to determine the extent of compliance by the offeror with the subcontracting plan, (iii) submit Standard Form (SF) 294, Subcontracting Report for Individual Contracts, and/or SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, and (iv) ensure that its subcontractors agree to submit Standard Forms 294 and 295. (11) A recitation of the types of records the offeror will maintain to demonstrate procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of its efforts to locate small, small disadvantaged and DACW67-99-B-0017 00700-17 094283 women -owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant -wide or company -wide basis, unless otherwise indicated): (i) Source lists (e.g., PASS), guides, and other data that identify small, small disadvantaged and women -owned small business concerns. (ii) Organizations contacted in an attempt to locate sources that are small, small disadvantaged or women -owned small business concerns. (iii) Records on each subcontract solicitation resulting in an award of more than $100,000, indicating (A) whether small business concerns were solicited and if not, why not, (B) whether small disadvantaged business concerns were solicited and if not, why not, (C) whether women -owned small business concerns were solicited and if not, why not, and (D) if applicable, the reason award was not made to a small business concern. (iv) Records of any outreach efforts to contact (A) trade associations, (B) business development organizations, and (C) conferences and trade fairs to locate small, small disadvantaged and women -owned small business sources. (v) Records of internal guidance and encouragement provided to buyers through (A) workshops, seminars, training, etc., and (B) monitoring performance to evaluate compliance with the program's requirements. (vi) On a contract -by -contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having company or division -wide annual plans need not comply with this requirement. (e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions: (1) Assist small, small disadvantaged and women -owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the contractor's lists of potential small, small disadvantaged and women -owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time. (2) Provide adequate and timely consideration of the potentialities of small, small disadvantaged and women -owned small business concerns in all "make -or -buy" decisions. (3) Counsel and discuss subcontracting opportunities with representatives of small, small disadvantaged and women -owned small business firms. (4) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, small disadvantaged or women -owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor's subcontracting plan. (f) A master subcontracting plan on a plant or division -wide basis which contains all the elements required by (d) above, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided, (1) the master plan has been approved, (2) the offeror provides copies of the approved master plan and evidence of its approval to the Contracting Officer, and (3) goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan. DACW67-99-B-0017 00700-18 094283 (g)(1) If a commercial product is offered, the subcontracting plan required by this clause may relate to the offeror's production generally, for both commercial and noncommercial products, rather than solely to the Government contract. In these cases, the offeror shall, with the concurrence of the Contracting Officer, submit one company -wide or division -wide annual plan. (2) The annual plan shall be reviewed for approval by the agency awarding the offeror its first prime contract requiring a subcontracting plan during the fiscal year, or by an agency satisfactory to the Contracting Officer. (3) The approved plan shall remain in effect during the offeror's fiscal year for all of the offeror's commercial products. (h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract. (i) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled "Utilization Of Small, Small Disadvantaged and Women -Owned Small Business Concerns," or (2) an approved plan required by this clause, shall be a material breach of the contract. (End of clause) 17 52.219-16 LIQUIDATED DAMAGES --SUBCONTRACTING PLAN (AUG 1998) (a) "Failure to make a good faith effort to comply with the subcontracting plan," as used in this clause, means a willful or intentional failure to perform in accordance with the requirements of the subcontracting plan approved under the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," or willful or intentional action to frustrate the plan. (b) Performance shall be measured by applying the percentage goals to the total actual subcontracting dollars or, if a commercial plan is involved, to the pro rata share of actual subcontracting dollars attributable to Government contracts covered by the commercial plan. If, at contract completion or, in the case of a commercial plan, at the close of the fiscal year for which the plan is applicable, the Contractor has failed to meet its subcontracting goals and the Contracting Officer decides in accordance with paragraph (c) of this clause that the Contractor failed to make a good faith effort to comply with its subcontracting plan, established in accordance with the clause in this contract entitled "Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan," the Contractor shall pay the Government liquidated damages in an amount stated. The amount of probable damages attributable to the Contractor's failure to comply shall be an amount equal to the actual dollar amount by which the Contractor failed to achieve each subcontract goal. (c) Before the Contracting Officer makes a final decision that the Contractor has failed to make such good faith effort, the Contracting Officer shall give the Contractor written notice specifying the failure and permitting the Contractor to demonstrate what good faith efforts have been made and to discuss the matter. Failure to respond to the notice may be taken as an admission that no valid explanation exists. If, after consideration of all the pertinent data, the Contracting Officer finds that the Contractor failed to make a good faith effort to comply with the subcontracting plan, the Contracting DACW67-99-B-0017 00700-19 094283 Officer shall issue a final decision to that effect and require that the Contractor pay the Government liquidated damages as provided in paragraph (b) of this clause. (d) With respect to commercial plans, the Contracting Officer who approved the plan will perform the functions of the Contracting Officer under this clause on behalf of all agencies with contracts covered by the commercial plan. (e) The Contractor shall have the right of appeal, under the clause in this contract entitled, Disputes, from any final decision of the Contracting Officer. (f) Liquidated damages shall be in addition to any other remedies that the Government may have. (End of clause) 18 52.222-3 CONVICT LABOR (AUG 1996) The Contractor agrees not to employ in the performance of this contract any person undergoing a sentence of imprisonment which has been imposed by any court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands. This limitation, however, shall not prohibit the employment by the Contractor in the performance of this contract of persons on parole or probation to work at paid employment during the term of their sentence or persons who have been pardoned or who have served their terms. Nor shall it prohibit the employment by the Contractor in the performance of this contract of persons confined for violation of the laws of any of the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the Trust Territory of the Pacific Islands who are authorized to work at paid employment in the community under the laws of such jurisdiction, if-- (a)(1) The worker is paid or is in an approved work training program on a voluntary basis; (2) Representatives of local union central bodies or similar labor union organizations have been consulted; (3) Such paid employment will not result in the displacement of employed workers, or be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the locality, or impair existing contracts for services; and (4) The rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the locality in which the work is being performed; and (b) The Attorney General of the United States has certified that the work -release laws or regulations of the jurisdiction involved are in conformity with the requirements of Executive Order 11755, as amended by Executive Orders 12608 and 12943. (End of clause) 19 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT--0VERTINIE COMPENSATION (JUL 1995) (a) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics (see Federal Acquisition Regulation DACW67-99-B-0017 00700-20 094283 (FAR) 22.300) shall require or permit any such laborers or mechanics in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the provisions set forth in paragraph (a) of this clause, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions set forth in paragraph (a) of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph (a) of this clause. (c) Withholding for unpaid wages and liquidated damages. The Contracting Officer shall upon his or her own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Prime Contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same Prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph (b) of this clause. (d) Payrolls and basic records. (1) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of contract work and shall preserve them for a period of 3 years from the completion of the contract for all laborers and mechanics working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Nothing in this paragraph shall require the duplication of records required to be maintained for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Davis -Bacon Act. (2) The records to be maintained under paragraph (d)(1) of this clause shall be made available by the Contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit such representatives to interview employees during working hours on the job. (e) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts exceeding $100,000, the provisions set forth in paragraphs (a) through (e) of this clause and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts. The Prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the provisions set forth in paragraphs (a) through (e) of this clause. (End of clause) DACW67-99-B-0017 00700-21 094283 20 52.222-6 DAVIS-BACON ACT (FEB 1995) (a) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (d) of this clause; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such period. Such laborers and mechanics shall be paid not less than the appropriate wage rate and fringe benefits in the wage determination for the classification of work actually performed, without regard to skill, except as provided in the clause entitled Apprentices and Trainees. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein; provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (b) of this clause) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (b)(1) The Contracting Officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefor only when all the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination. (ii) The classification is utilized in the area by the construction industry. (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (iv) With respect to helpers, such a classification prevails in the area in which the work is performed. (2) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the Contracting Officer agree on the classification and wage rate (including the amount designated for fringe benefits, where appropriate), a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator or an authorized representative will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the DACW67-99-B-0017 00700-22 094283 Contracting Officer within the 30-day period that additional time is necessary. (3) In the event the Contractor, the laborers or mechanics to be employed in the classification, or their representatives, and the Contracting Officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer the questions, including the views of all interested parties and the recommendation of the Contracting Officer, to the Administrator of the Wage and Hour Division for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits, where appropriate) determined pursuant to subparagraphs (b)(2) and (b)(3) of this clause shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (c) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (d) If the Contractor does not make payments to a trustee or other third person, the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program; provided, that the Secretary of Labor has found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (End of clause) 21 52.222-7 WITHHOLDING OF FUNDS (FEB 1988) The Contracting Officer shall, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same Prime Contractor, or any other Federally assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same Prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (End of clause) 22 52.222-8 PAYROLLS AND BASIC RECORDS (FEB 1988) (a) Payrolls and basic records relating thereto shall be maintained by DACW67-99-B-0017 00700-23 094283 the Contractor during the course of the work and preserved for a period of 3 years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found, under paragraph (d) of the clause entitled Davis -Bacon Act, that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (b)(1) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Contracting Officer. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under paragraph (a) of this clause. This information may be submitted in any form desired. Optional Form WH-347 (Federal Stock Number 029-005-00014-1) is available for this purpose and may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. The Prime Contractor is responsible for the submission of copies of payrolls by all subcontractors. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify-- (i) That the payroll for the payroll period contains the information required to be maintained under paragraph (a) of this clause and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR Part 3; and (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph (b)(2) of this clause. (4) The falsification of any of the certifications in this clause may subject the Contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 3729 of Title 31 of the DACW67-99-B-0017 00700-24 094283 United States Code. (c) The Contractor or subcontractor shall make the records required under paragraph (a) of this clause available for inspection, copying, or transcription by the Contracting Officer or authorized representatives of the Contracting Officer or the Department of Labor. The Contractor or subcontractor shall permit the Contracting Officer or representatives of the Contracting Officer or the Department of Labor to interview employees during working hours on the job. If the Contractor or subcontractor fails to submit required records or to make them available, the Contracting Officer may, after written notice to the Contractor, take such action as may be necessary to cause the suspension of any further payment. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (End of clause) 23 52.222-9 APPRENTICES AND TRAINEES (FEB 1988) (a) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated in this paragraph, shall be paid not less than the applicable wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the DACW67-99-B-0017 00700-25 094283 applicable predetermined rate for the work performed until an acceptable program is approved. (b) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed in the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate in the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate in the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate in the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (c) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under this clause shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. (End of clause) 24 52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988) The Contractor shall comply with the requirements of 29 CFR Part 3, which are hereby incorporated by reference in this contract. (End of clause) 25 52.222-11 SUBCONTRACTS (LABOR STANDARDS) (FEB 1988) (a) The Contractor or subcontractor shall insert in any subcontracts the clauses entitled Davis -Bacon Act, Contract Work Hours and Safety Standards Act --Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Withholding of Funds, Subcontracts (Labor Standards), Contract Termination --Debarment, Disputes Concerning Labor Standards, Compliance with Davis -Bacon and Related Act Regulations, and Certification of Eligibility, and such other clauses as the Contracting Officer may, by appropriate instructions, require, and also a clause requiring subcontractors to include these clauses in any lower tier subcontracts. The Prime Contractor shall be responsible for DAC W67-99-B-0017 00700-26 094283 compliance by any subcontractor or lower tier subcontractor with all the contract clauses cited in this paragraph. (b)(1) Within 14 days after award of the contract, the Contractor shall deliver to the Contracting Officer a completed Statement and Acknowledgment Form (SF 1413) for each subcontract, including the subcontractor's signed and dated acknowledgment that the clauses set forth in paragraph (a) of this clause have been included in the subcontract. (2) Within 14 days after the award of any subsequently awarded subcontract the Contractor shall deliver to the Contracting Officer an updated completed SF 1413 for such additional subcontract. (End of clause) 26 52.222-12 CONTRACT TERMINATION --DEBARMENT (FEB 1988) A breach of the contract clauses entitled Davis -Bacon Act, Contract Work Hours and Safety Standards Act --Overtime Compensation, Apprentices and Trainees, Payrolls and Basic Records, Compliance with Copeland Act Requirements, Subcontracts (Labor Standards), Compliance with Davis -Bacon and Related Act Regulations, or Certification of Eligibility may be grounds for termination of the contract, and for debarment as a Contractor and subcontractor as provided in 29 CFR 5.12. (End of clause) 27 52.222-13 COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REGULATIONS (FEB 1988) All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are hereby incorporated by reference in this contract. (End of clause) 28 52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988) The United States Department of Labor has set forth in 29 CFR Parts 5, 6, and 7 procedures for resolving disputes concerning labor standards requirements. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. Disputes within the meaning of this clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees of their representatives. (End of clause) 29 52.222-15 CERTIFICATION OF ELIGIBILITY (FEB 1988) (a) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. (End of clause) DACW67-99-B-0017 00700-27 094283 30 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (APR 1984) (a) The offeror's attention is called to the Equal Opportunity clause and the Affirmative Action Compliance Requirements for Construction clause of this solicitation. (b) The goals for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: ----------------------------------- ------------------------------------- Goals for minority participation Goals for female participation for for each trade each trade ----------------------------------- ------------------------------------- 6.2 6.9 ----------------------------------- ------------------------------------ 'These goals are applicable to all the Contractor's construction work performed in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, the Contractor shall apply the goals established for the geographical area where the work is actually performed. Goals are published periodically in the Federal Register in notice form, and these notices may be obtained from any Office of Federal Contract Compliance Programs office. (c) The Contractor's compliance with Executive Order 11246, as amended, and the regulations in 41 CFR 60-4 shall be based on (1) its implementation of the Equal Opportunity clause, (2) specific affirmative action obligations required by the clause entitled "Affirmative Action Compliance Requirements for Construction," and (3) its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade. The Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor, or from project to project, for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, Executive Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance with the goals will be measured against the total work hours performed. (d) The Contractor shall provide written notification to the Director, Office of Federal Contract Compliance Programs, within 10 working days following award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the-- (1) Name, address, and telephone number of the subcontractor; (2) Employer's identification number of the subcontractor; (3) Estimated dollar amount of the subcontract; (4) Estimated starting and completion dates of the subcontract; and (5) Geographical area in which the subcontract is to be performed. (e) As used in this Notice, and in any contract resulting from this solicitation, the "covered area" is King County, Washington. (End of provision) (R 7-2003.14(d) 1978 SEP) 31 52.222-26 EQUAL OPPORTUNITY (APR 1984) (a) If, during any 12-month period (including the 12 months preceding the award of this contract), the Contractor has been or is awarded nonexempt Federal contracts and/or subcontracts that have an aggregate DACW67-99-B-0017 00700-28 094283 value in excess of $10,000, the Contractor shall comply with subparagraphs (b)(1) through (11) below. Upon request, the Contractor shall provide information necessary to determine the applicability of this clause. (b) During performing this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. (2) The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. This shall include, but not be limited to, (i) employment, (ii) upgrading, (iii) demotion, (iv) transfer, (v) recruitment or recruitment advertising, (vi) layoff or termination, (vii) rates of pay or other forms of compensation, and (viii) selection for training, including apprenticeship. (3) The Contractor shall post in conspicuous places available to employees and applicants for employment the notices to be provided by the Contracting Officer that explain this clause. (4) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (5) The Contractor shall send, to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, the notice to be provided by the Contracting Officer advising the labor union or workers' representative of the Contractor's commitments under this clause, and post copies of the notice in conspicuous places available to employees and applicants for employment. (6) The Contractor shall comply with Executive Order 11246, as amended, and the rules, regulations, and orders of the Secretary of Labor. (7) The Contractor shall furnish to the contracting agency all information required by Executive Order 11246, as amended, and by the rules, regulations, and orders of the Secretary of Labor. Standard Form 100 (EEO-1), or any successor form, is the prescribed form to be filed within 30 days following the award, unless filed within 12 months preceding the date of award. (8) The Contractor shall permit access to its books, records, and accounts by the contracting agency or the Office of Federal Contract Compliance Programs (OFCCP) for the purposes of investigation to ascertain the Contractor's compliance with the applicable rules, regulations, and orders. (9) If the OFCCP determines that the Contractor is not in compliance with this clause or any rule, regulation, or order of the Secretary of Labor, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts, under the procedures authorized in Executive Order 11246, as amended. In addition, sanctions may be imposed and remedies invoked against the Contractor as provided in Executive Order 11246, as amended, the rules, regulations, and orders of the Secretary of Labor, or as otherwise provided by law. (10) The Contractor shall include the terms and conditions of subparagraph (b)(1) through (11) of this clause in every subcontract or purchase order that is not exempted by the rules, regulations, or orders of the Secretary of Labor issued under Executive Order 11246, as amended, so that these terms and conditions will be binding upon each DACW67-99-B-0017 00700-29 094283 subcontractor or vendor. (11) The Contractor shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing these terms and conditions, including sanctions for noncompliance; provided, that if the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of any direction, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. (c) Notwithstanding any other clause in this contract, disputes relative to this clause will be governed by the procedures in 41 CFR 60-1.1. (End of clause) (R 7-103.18 1978 SEP) (R 1-12.803-2) (R 7-607.13 1978 SEP) 32 52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (APR 1984) (a) Definitions. "Covered area," as used in this clause, means the geographical area described in the solicitation for this contract. "Director," as used in this clause, means Director, Office of Federal Contract Compliance Programs (OFCCP), United States Department of Labor, or any person to whom the Director delegates authority. "Employer's identification number," as used in this clause, means the Federal Social Security number used on the employer's quarterly federal tax return, U.S. Treasury Department Form 941. "Minority," as used in this clause, means-- (1) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). (2) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); (3) Black (all persons having origins in any of the black African racial groups not of Hispanic origin); and (4) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race). (b) If the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, each such subcontract in excess of $10,000 shall include this clause and the Notice containing the goals for minority and female participation stated in the solicitation for this contract. (c) If the Contractor is participating in a Hometown Plan (41 CFR 60-4) approved by the U.S. Department of Labor in a covered area, either individually or through an association, its affirmative action obligations on all work in the plan area (including goals) shall comply with the plan for those trades that have unions participating in the plan. Contractors must be able to demonstrate participation in, and compliance with, the provisions of the plan. Each Contractor or subcontractor participating in an approved plan is also required to comply with its obligations under the Equal Opportunity clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good -faith performance by other Contractors or subcontractors toward a goal in an approved plan does not excuse any Contractor's or DACW67-99-B-0017 00700-30 094283 subcontractor's failure to make good -faith efforts to achieve the plan's goals. (d) The Contractor shall implement the affirmative action procedures in subparagraphs (g)(1) through (16) of this clause. The goals stated in the solicitation for this contract are expressed as percentages of the total hours of employment and training of minority and female utilization that the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. If the Contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for the geographical area where that work is actually performed. The Contractor is expected to make substantially uniform progress toward its goals in each craft. (e) Neither the terms and conditions of any collective bargaining agreement, nor the failure by a union with which the Contractor has a collective bargaining agreement, to refer minorities or women shall excuse the Contractor's obligations under this clause, Executive Order 11246, as amended, or the regulations thereunder. (f) In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. (g) The Contractor shall take affirmative action to ensure equal employment opportunity. The evaluation of the Contractor's compliance with this clause shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully and implement affirmative action steps at least as extensive as the following: (1) Ensure a working environment free of harassment, intimidation, and coercion at all sites and in all facilities where the Contractor's employees are assigned to work. The Contractor, if possible, will assign two or more women to each construction project. The Contractor shall ensure that foremen, superintendents, and other onsite supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at these sites or facilities. (2) Establish and maintain a current list of sources for minority and female recruitment. Provide written notification to minority and female recruitment sources and community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. (3) Establish and maintain a current file of the names, addresses, and telephone numbers of each minority and female off -the -street applicant, referrals of minorities or females from unions, recruitment sources, or community organizations, and the action taken with respect to each individual. If an individual was sent to the union hiring hall for referral and not referred back to the Contractor by the union or, if referred back, not employed by the Contractor, this shall be documented in the file, along with whatever additional actions the Contractor may have taken. (4) Immediately notify the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred back to the Contractor a minority or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. DACW67-99-B-0017 00700-31 094283 (5) Develop on-the-job training opportunities and/or participate in training programs for the area that expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under subparagraph (g)(2) above. (6) Disseminate the Contractor's equal employment policy by-- (i) Providing notice of the policy to unions and to training, recruitment, and outreach programs, and requesting their cooperation in assisting the Contractor in meeting its contract obligations; (ii) Including the policy in any policy manual and in collective bargaining agreements; (iii) Publicizing the policy in the company newspaper, annual report, etc.; (iv) Reviewing the policy with all management personnel and with all minority and female employees at least once a year; and (v) Posting the policy on bulletin boards accessible to employees at each location where construction work is performed. (7) Review, at least annually, the Contractor's equal employment policy and affirmative action obligations with all employees having responsibility for hiring, assignment, layoff, termination, or other employment decisions. Conduct review of this policy with all onsite supervisory personnel before initiating construction work at a job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. (8) Disseminate the Contractor's equal employment policy externally by including it in any advertising in the news media, specifically including minority and female news media. Provide written notification to, and discuss this policy with, other Contractors and subcontractors with which the Contractor does or anticipates doing business. (9) Direct recruitment efforts, both oral and written, to minority, female, and community organizations, to schools with minority and female students, and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than 1 month before the date for acceptance of applications for apprenticeship or training by any recruitment source, send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. (10) Encourage present minority and female employees to recruit minority persons and women. Where reasonable, provide after -school, summer, and vacation employment to minority and female youth both on the site and in other areas of the Contractor's workforce. (11) Validate all tests and other selection requirements where required under 41 CFR 60-3. (12) Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities. Encourage these employees to seek or to prepare for, through appropriate training, etc., opportunities for promotion. (13) Ensure that seniority practices job classifications, work assignments, and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment -related activities to ensure that the Contractor's obligations under this contract are being carried out. (14) Ensure that all facilities and company activities are DACW67-99-B-0017 00700-32 094283 nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. (15) Maintain a record of solicitations for subcontracts for minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. (16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's equal employment policy and affirmative action obligations. (h) The Contractor is encouraged to participate in voluntary associations that may assist in fulfilling one or more of the affirmative action obligations contained in subparagraphs (g)(1) through (16). The efforts of a contractor association, joint contractor -union, contractor -community, or similar group of which the contractor is a member and participant may be asserted as fulfilling one or more of its obligations under subparagraphs (g)(1) through (16), provided the Contractor— (1) Actively participates in the group; (2) Makes every effort to ensure that the group has a positive impact on the employment of minorities and women in the industry; (3) Ensures that concrete benefits of the program are reflected in the Contractor's minority and female workforce participation; (4) Makes a good -faith effort to meet its individual goals and timetables; and (5) Can provide access to documentation that demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply is the Contractor's, and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. (i) A single goal for minorities and a separate single goal for women shall be established. The Contractor is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and nonminority. Consequently, the Contractor may be in violation of Executive Order 11246, as amended, if a particular group is employed in a substantially disparate manner. (j) The Contractor shall not use goals or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. (k) The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts under Executive Order 11246, as amended. (1) The Contractor shall carry out such sanctions and penalties for violation of this clause and of the Equal Opportunity clause, including suspension, termination, and cancellation of existing subcontracts, as may be imposed or ordered under Executive Order 11246, as amended, and its implementing regulations, by the OFCCP. Any failure to carry out these sanctions and penalties as ordered shall be a violation of this clause and Executive Order 11246, as amended. (m) The Contractor in fulfilling its obligations under this clause shall implement affirmative action procedures at least as extensive as those prescribed in paragraph (g) above, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of Executive Order 11246, as amended, the implementing regulations, or this clause, the Director shall take action as prescribed in 41 CFR 60-4.8. DACW67-99-B-0017 00700-33 094283 (n) The Contractor shall designate a responsible official to-- (1) Monitor all employment -related activity to ensure that the Contractor's equal employment policy is being carried out; (2) Submit reports as may be required by the Government; and (3) Keep records that shall at least include for each employee the name, address, telephone number, construction trade, union affiliation (if any), employee identification number, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, separate records are not required to be maintained. (o) Nothing contained herein shall be construed as a limitation upon the application of other laws that establish different standards of compliance or upon the requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). (End of clause) (R 7-603.60 1978 SEP) 33 52.222-35 AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (a) Definitions. As used in this clause -- "All employment openings" includes all positions except executive and top management, those positions that will be filled from within the contractor's organization, and positions lasting 3 days or less. This term includes full-time employment, temporary employment of more than 3 days' duration, and part-time employment. "Appropriate office of the State employment service system" means the local office of the Federal -State national system of public employment offices with assigned responsibility to serve the area where the employment opening is to be filled, including the District of Columbia, Guam, the Commonwealth of Puerto Rico, and the Virgin Islands. "Positions that will be filled from within the Contractor's organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings that the Contractor proposes to fill from regularly established "recall" lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of its organization. "Veteran of the Vietnam era" means a person who-- (1) Served on active duty for a period of more than 180 days, any part of which occurred between August 5, 1964, and May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge; or (2) Was discharged or released from active duty for a service - connected disability if any part of such active duty was performed between August 5, 1964, and May 7, 1975. (b) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against the individual because the individual is a disabled veteran or a veteran of the Vietnam era. The Contractor DACW67-99-B-0017 00700-34 094283 agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veterans' status in all employment practices such as-- (i) Employment; (ii) Upgrading; (iii) Demotion or transfer; (iv) Recruitment; (v) Advertising; (vi) Layoff or termination; (vii) Rates of pay or other forms of compensation; and (viii) Selection for training, including apprenticeship. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Vietnam Era Veterans' Readjustment Assistance Act of 1972 (the Act), as amended. (c) Listing openings. (1) The Contractor agrees to list all employment openings existing at contract award or occurring during contract performance, at an appropriate office of the State employment service system in the locality where the opening occurs. These openings include those occurring at any Contractor facility, including one not connected with performing this contract. An independent corporate affiliate is exempt from this requirement. (2) State and local government agencies holding Federal contracts of $10,000 or more shall also list all employment openings with the appropriate office of the State employment service. (3) The listing of employment openings with the State employment service system is required at least concurrently with using any other recruitment source or effort and involves the obligations of placing a bona fide job order, including accepting referrals of veterans and nonveterans. This listing does not require hiring any particular job applicant or hiring from any particular group of job applicants and is not intended to relieve the Contractor from any requirements of Executive orders or regulations concerning nondiscrimination in employment. (4) Whenever the Contractor becomes contractually bound to the listing terms of this clause, it shall advise the State employment service system, in each State where it has establishments, of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these terms and has so advised the State system, it need not advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer bound by this contract clause. (d) Applicability. This clause does not apply to the listing of employment openings that occur and are filled outside the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands. (e) Postings. (1) The Contractor agrees to post employment notices stating (i) the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era, and (ii) the rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. They shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance Programs, Department of Labor (Deputy Assistant Secretary), and provided by or through the Contracting Officer. DACW67-99-B-0017 00700-35 094283 (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Act, and is committed to take affirmative action to employ, and advance in employment, qualified disabled veterans and veterans of the Vietnam era. (f) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (g) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. (End of clause) 34 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998) (a) General. (1) Regarding any position for which the employee or applicant for employment is qualified, the Contractor shall not discriminate against any employee or applicant because of physical or mental disability. The Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified individuals with disabilities without discrimination based upon their physical or mental disability in all employment practices such as-- (i) Recruitment, advertising, and job application procedures; (ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (iii) Rates of pay or any other form of compensation and changes in compensation; (iv) Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists; (v) Leaves of absence, sick leave, or any other leave; (vi) Fringe benefits available by virtue of employment, whether or not administered by the Contractor; (vii) Selection and financial support for training, including apprenticeships, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; (viii) Activities sponsored by the Contractor, including social or recreational programs; and (ix) Any other term, condition, or privilege of employment. (2) The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor (Secretary) issued under the Rehabilitation Act of 1973 (29 U.S.C. 793) (the Act), as amended. (b) Postings. (1) The Contractor agrees to post employment notices stating— (i) The Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified individuals with disabilities; and DACW67-99-B-0017 00700-36 094283 (ii) The rights of applicants and employees. (2) These notices shall be posted in conspicuous places that are available to employees and applicants for employment. The Contractor shall ensure that applicants and employees with disabilities are informed of the contents of the notice (e.g., the Contractor may have the notice read to a visually disabled individual, or may lower the posted notice so that it might be read by a person in a wheelchair). The notices shall be in a form prescribed by the Deputy Assistant Secretary for Federal Contract Compliance of the U.S. Department of Labor (Deputy Assistant Secretary) and shall be provided by or through the Contracting Officer. (3) The Contractor shall notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Act and is committed to take affirmative action to employ, and advance in employment, qualified individuals with physical or mental disabilities. (c) Noncompliance. If the Contractor does not comply with the requirements of this clause, appropriate actions may be taken under the rules, regulations, and relevant orders of the Secretary issued pursuant to the Act. (d) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $10,000 unless exempted by rules, regulations, or orders of the Secretary. The Contractor shall act as specified by the Deputy Assistant Secretary to enforce the terms, including action for noncompliance. (End of clause) 35 52.222-37 EMPLOYMENT REPORTS ON DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (APR 1998) (a) Unless the Contractor is a State or local government agency, the Contractor shall report at least annually, as required by the Secretary of Labor, on-- (1) The number of disabled veterans and the number of veterans of the Vietnam era in the workforce of the Contractor by job category and hiring location; and (2) The total number of new employees hired during the period covered by the report, and of that total, the number of disabled veterans, and the number of veterans of the Vietnam era. (b) The above items shall be reported by completing the form entitled "Federal Contractor Veterans' Employment Report VETS-100." (c) Reports shall be submitted no later than March 31 of each year beginning March 31, 1988. (d) The employment activity report required by paragraph (a)(2) of this clause shall reflect total hires during the most recent 12-month period as of the ending date selected for the employment profile report required by paragraph (a)(1) of this clause. Contractors may select an ending date: (1) As of the end of any pay period during the period January through March 1st of the year the report is due, or (2) as of December 31, if the contractor has previous written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100). (e) The count of veterans reported according to paragraph (a) of this clause shall be based on voluntary disclosure. Each Contractor subject to the reporting requirements at 38 U.S.C. 4212 shall invite all DACW67-99-B-0017 00700-37 094283 disabled veterans and veterans of the Vietnam era who wish to benefit under the affirmative action program at 38 U.S.C. 4212 to identify themselves to the Contractor. The invitation shall state that the information is voluntarily provided; that the information will be kept confidential; that disclosure or refusal to provide the information will not subject the applicant or employee to any adverse treatment; and that the information will be used only in accordance with the regulations promulgated under 38 U.S.C. 4212. (f) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order of $10,000 or more unless exempted by rules, regulations, or orders of the Secretary. (End of clause) 36 52.223-2 CLEAN AIR AND WATER (APR 1984) (a) "Air Act", as used in this clause, means the Clean Air Act (42 U.S.C. 7401, et seq.). "Clean air standards," as used in this clause, means-- (1) Any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, work practices, or other requirements contained in, issued under, or otherwise adopted under the Air Act or Executive Order 11738; (2) An applicable implementation plan as described in section 110(d) of the Air Act (42 U.S.C. 7410(d)); (3) An approved implementation procedure or plan under section 111(c) or section 111(d) of the Air Act (42 U.S.C. 7411(c) or (d)); or (4) An approved implementation procedure under section 112(d) of the Air Act (42 U.S.C. 7412(d)). "Clean water standards," as used in this clause, means any enforceable limitation, control, condition, prohibition, standard, or other requirement promulgated under the Water Act or contained in a permit issued to a discharger by the EPA or by a State under an approved program, as authorized by section 402 of the Water Act (33 U.S.C. 1342), or by local government to ensure compliance with pretreatment regulations as required by section 307 of the Water Act (33 U.S.C. 1317). "Compliance," as used in this clause, means compliance with-- (1) Clean air or water standards; or (2) A schedule or plan ordered or approved by a court of competent jurisdiction, the EPA, or an air or water pollution control agency under the requirements of the Air Act or Water Act and related regulations. "Facility," as used in this clause, means any building, plant, installation, structure, mine, vessel or other floating craft, location, or site of operations, owned, leased, or supervised by a Contractor or subcontractor, used in the performance of a contract or subcontract. When a location or site of operations includes more than one building, plant, installation, or structure, the entire location or site shall be deemed a facility except when the Administrator, or a designee, of the EPA determines that independent facilities are collocated in one geographical area. "Water Act," as used in this clause, means Clean Water Act (33 U.S.C. 1251, et seq.). (b) The Contractor agrees-- (1) To comply with all the requirements of section 114 of the Clean Air Act (42 U.S.C. 7414) and section 308 of the Clean Water Act (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in section 114 and DACW67-99-B-0017 00700-38 094283 section 308 of the Air Act and the Water Act, and all regulations and guidelines issued to implement those acts before the award of this contract; (2) That no portion of the work required by this prime contract will be performed in a facility listed on the EPA List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of the facility from the listing; (3) To use best efforts to comply with clean air standards and clean water standards at the facility in which the contract is being performed; and (4) To insert the substance of this clause into any nonexempt subcontract, including this subparagraph (b)(4). (End of clause) (R 7-103.29 1975 OCT) (R 1-1.2302) 37 52.223-6 DRUG -FREE WORKPLACE (JAN 1997) (a) Definitions. As used in this clause -- "Controlled substance" means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11 - 1308.15. "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance. "Drug -free workplace" means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance. "Employee" means an employee of a Contractor directly engaged in the performance of work under a Government contract. "Directly engaged" is defined to include all direct cost employees and any other Contractor employee who has other than a minimal impact or involvement in contract performance. "Individual" means an offeror/contractor that has no more than one employee including the offeror/contractor. (b) The Contractor, if other than an individual, shall --within 30 days after award (unless a longer period is agreed to in writing for contracts of 30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration-- (1) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish an ongoing drug -free awareness program to inform such employees about-- (i) The dangers of drug abuse in the workplace; (ii) The Contractor's policy of maintaining a drug -free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse DACW67-99-B-0017 00700-39 094283 violations occurring in the workplace; (3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this clause; (4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this clause that, as a condition of continued employment on this contract, the employee will-- (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 days after such conviction. (5) Notify the Contracting Officer in writing within 10 days after receiving notice under subdivision (b)(4)(ii) of this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; (6) Within 30 days after receiving notice under subdivision (b)(4)(ii) of this clause of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency, and (7) Make a good faith effort to maintain a drug -free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this clause. (c) The Contractor, if an individual, agrees by award of the contract or acceptance of a purchase order, not to engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance while performing this contract. (d) In addition to other remedies available to the Government, the Contractor's failure to comply with the requirements of paragraph (b) or (c) of this clause may, pursuant to FAR 23.506, render the Contractor subject to suspension of contract payments, termination of the contract for default, and suspension or debarment. (End of clause) 38 52.223-14 TOXIC CHEMICAL RELEASE REPORTING (OCT 1996) (a) Unless otherwise exempt, the Contractor, as owner or operator of a facility used in the performance of this contract, shall file by July 1 for the prior calendar year an annual Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of the Emergency Planning and Community Right -to -Know Act of 1986 (EPCRA) (42 U.S.C. 11023(a) and (g)), and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106). The Contractor shall file, for each facility subject to the Form R filing and reporting requirements, the annual Form R throughout the life of the contract. (b) A Contractor owned or operated facility used in the performance of this contract is exempt from the requirement to file an annual Form R if-- (1) The facility does not manufacture, process, or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); (2) The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A); (3) The facility does not meet the reporting thresholds of toxic DACW67-99-B-0017 00700-40 094283 chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); (4) The facility does not fall within Standard Industrial Classification Code (SIC) designations 20 through 39 as set forth in Section 19.102 of the Federal Acquisition Regulation (FAR); or (5) The facility is not located within any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. (c) If the Contractor has certified to an exemption in accordance with one or more of the criteria in paragraph (b) of this clause, and after award of the contract circumstances change so that any of its owned or operated facilities used in the performance of this contract is no longer exempt-- (1) The Contractor shall notify the Contracting Officer; and (2) The Contractor, as owner or operator of a facility used in the performance of this contract that is no longer exempt, shall (i) submit a Toxic Chemical Release Inventory Form (Form R) on or before July 1 for the prior calendar year during which the facility becomes eligible; and (ii) continue to file the annual Form R for the life of the contract for such facility. (d) The Contracting Officer may terminate this contract or take other action as appropriate, if the Contractor fails to comply accurately and fully with the EPCRA and PPA toxic chemical release filing and reporting requirements. (e) Except for acquisitions of commercial items as defined in FAR Part 2, the Contractor shall-- (1) For competitive subcontracts expected to exceed $100,000 (including all options), include a solicitation provision substantially the same as the provision at FAR 52.223-13, Certification of Toxic Chemical Release Reporting; and (2) Include in any resultant subcontract exceeding $100,000 (including all options), the substance of this clause, except this paragraph (e). (End of clause) 39 52.225-5 BUY AMERICAN ACT --CONSTRUCTION MATERIALS (JUN 1997) (a) The Buy American Act (41 U.S.C. 10) provides that the Government give preference to domestic construction material. "Components," means those articles, materials, and supplies incorporated directly into construction materials. "Construction materials," means an article, material, or supply brought to the construction site for incorporation into the building or work. Construction material also includes an item brought to the site pre -assembled from articles, materials or supplies. However, emergency life safety systems, such as emergency lighting, fire alarm, and audio evacuation systems, which are discrete systems incorporated into a public building or work and which are produced as a complete system, shall be evaluated as a single and distinct construction material regardless of when or how the individual parts or components of such systems are delivered to the construction site. "Domestic construction material," means (1) an unmanufactured construction material mined or produced in the United States, or (2) a construction material manufactured in the United States, if the cost of its DACW67-99-B-0017 00700-41 094283 components mined, produced, or manufactured in the United States exceeds 50 percent of the cost of all its components. Components of foreign origin of the same class or kind as the construction materials determined to be unavailable pursuant to subparagraph 25.202(a)(2) of the Federal Acquisition Regulation (FAR) shall be treated as domestic. (b)(1) The Buy American Act (41 U.S.C. 10a-10d) requires that only domestic construction material be used in performing this contract, except as provided in paragraphs (b)(2) and (b)(3) of this clause. (2) This requirement does not apply to the excepted construction material or components listed by the Government as follows: %%Insert list of applicable accepted materials or indicate "none" None (3) Other foreign construction material may be added to the list in paragraph (b)(2) of this clause if the Government determines that-- (i) The cost would be unreasonable (the cost of a particular domestic construction material shall be determined to be unreasonable when the cost of such material exceeds the cost of foreign material by more than 6 percent, unless the agency head determines a higher percentage to be appropriate); (ii) The application of the restriction of the Buy American Act to a particular construction material would be impracticable or inconsistent with the public interest; or (iii) The construction material is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality. (4) The Contractor agrees that only domestic construction material will be used by the Contractor, subcontractors, material men, and suppliers in the performance of this contract, except for foreign construction materials, if any, listed in paragraph (b)(2) of this clause. (c) Request for determination. (1) Contractors requesting to use foreign construction material under paragraph (b)(3) of this clause shall provide adequate information for Government evaluation of the request for a determination regarding the inapplicability of the Buy American Act. Each submission shall include a description of the foreign and domestic construction materials, including unit of measure, quantity, price, time of delivery or availability, location of the construction project, name and address of the proposed contractor, and a detailed justification of the reason for use of foreign materials cited in accordance with paragraph (b)(3) of this clause. A submission based on unreasonable cost shall include a reasonable survey of the market and a completed price comparison table in the format in paragraph (d) of this clause. The price of construction material shall include all delivery costs to the construction site and any applicable duty (whether or not a duty-free certificate may be issued) . (2) If the Government determines after contract award that an exception to the Buy American Act applies, the contract shall be modified to allow use of the foreign construction material, and adequate consideration shall be negotiated. However, when the basis for the exception is the unreasonable price of a domestic construction material, adequate consideration shall not be less than the differential established in paragraph (b)(3)(i) of this clause. (3) If the Government does not determine that an exception to the Buy American Act applies, the use of that particular foreign construction material will be a failure to comply with the Act. (d) For evaluation of requests under paragraph (c) of this clause based on unreasonable cost, the following information and any applicable supporting data based on the survey of suppliers shall be included in the DACW67-99-B-0017 00700-42 094283 request: Foreign and Domestic Construction Materials Price Comparison ------------------------------------------------------------------------- Construction material description Unit of Quantity Price measure (dollars) + ------------------------------------------------------------------------- Item 1: 1 1 1 Foreign construction material....... ............................ Domestic construction material ...... ......... .......... ........... Item 2: Foreign construction material....... ............................ Domestic construction material...... ......... .......... .......... List name, address, telephone number, and contact for suppliers surveyed. Attach copy of response; if oral, attach summary. Include other applicable supporting information. --------------------------------------------------------------------------- + Include all delivery costs to the construction site and any applicable duty (whether or not a duty-free entry certificate is issued). (End of clause) 40 52.225-11 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (AUG 1998) (a) Unless advance written approval of the Contracting Officer is obtained, the Contractor shall not acquire, for use in the performance of this contract, any supplies or services originating from sources within, or that were located in or transported from or through, countries whose products are banned from importation into the United States by Executive order or regulations of the Office of Foreign Assets Control, Department of the Treasury. Those countries include Cuba, Iran, Iraq, Libya, North Korea, and Sudan. (b) The Contractor shall not acquire for use in the performance of this contract any supplies or services from entities controlled by the Government of Iraq. (c) The Contractor agrees to insert the provisions of this clause, including this paragraph (c), in all subcontracts hereunder. (End of clause) 41 52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED ECONOMIC ENTERPRISES (SEP 1996) (a) For Department of Defense contracts, this clause applies only if the contract includes a subcontracting plan incorporated under the terms of the clause at 52.219-9, Small, Small Disadvantaged and Women -Owned Small Business Subcontracting Plan. It does not apply to contracts awarded based on a subcontracting plan submitted and approved under paragraph (g) of the clause at 52.219 (b) Definitions. As used in this clause: "Indian" means any person who is a member of any Indian tribe, band, group, pueblo or community which is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs (BIA) in accordance with 25 U.S.C. 1452(c) and any "Native" as defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601). "Indian organization" means the governing body of any Indian tribe or entity established or recognized by the governing body of an Indian tribe for the purposes of 25 U.S.C., Chapter 17. DACW67-99-B-0017 0070043 094283 "Indian -owned economic enterprise" means any Indian -owned (as determined by the Secretary of the Interior) commercial, industrial, or business activity established or organized for the purpose of profit, provided that Indian ownership shall constitute not less than 51 percent of the enterprise. "Indian tribe" means any Indian tribe, band, group, pueblo or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act, which is recognized by the Federal Government as eligible for services from BIA in accordance with 25 U.S.C. 1542(c). "Interested party" means a prime contractor or an actual or prospective offeror whose direct economic interest would be affected by the award of a subcontract or by the failure to award a subcontract. (c) The Contractor agrees to use its best efforts to give Indian organizations and Indian -owned economic enterprises (25 U.S.C. 1544) the maximum practicable opportunity to participate in the subcontracts it awards to the fullest extent consistent with efficient performance of its contract. (1) The Contracting Officer and the Contractor, acting in good faith, may rely on the self -certification of an Indian organization or Indian -owned economic enterprise as to its eligibility, unless an interested party challenges its status or the Contracting Officer has independent reason to question that status. In the event of a challenge to the self -certification of a subcontractor, the Contracting Officer shall refer the matter to the U.S. Department of the Interior, Bureau of Indian Affairs (BIA), Attn: Chief, Division of Contracting and Grants Administration, 1849 C Street, NW, MS-334A-SIB, Washington, DC 20245. The BIA will determine the eligibility and notify the Contracting Officer. The 5 percent incentive payment will not be made within 50 working days of subcontract award or while a challenge is pending. If a subcontractor is determined to be an ineligible participant, no incentive payment will be made under the Indian Incentive Program. (2) The Contractor may request an adjustment under the Indian Incentive Program to the following: (i) The estimated cost of a cost -type contract. (ii) The target cost of a cost -plus -incentive -fee prime contract. (iii) The target cost and ceiling price of a fixed -price incentive prime contract. (iv) The price of a firm -fixed -price prime contract. (3) The amount of the equitable adjustment to the prime contract shall be 5 percent of the estimated cost, target cost or firm -fixed -price included in the subcontract initially awarded to the Indian organization or Indian -owned economic enterprise. (4) The Contractor has the burden of proving the amount claimed and must assert its request for an adjustment prior to completion of contract performance. (d) The Contracting Officer, subject to the terms and conditions of the contract and the availability of funds, shall authorize an incentive payment of 5 percent of the amount paid to the subcontractor. Contracting Officers shall seek funding in accordance with agency procedures. The Contracting Officer's decision is final and not subject to the Disputes clause of this contract. (End of clause) DACW67-99-B-0017 00700-44 094283 42 52.227-1 AUTHORIZATION AND CONSENT (JUL 1995) (a) The Government authorizes and consents to all use and manufacture, in performing this contract or any subcontract at any tier, of any invention described in and covered by a United States patent (1) embodied in the structure or composition of any article the delivery of which is accepted by the Government under this contract or (2) used in machinery, tools, or methods whose use necessarily results from compliance by the Contractor or a subcontractor with (i) specifications or written provisions forming a part of this contract or (ii) specific written instructions given by the Contracting Officer directing the manner of performance. The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the provisions of the indemnity clause, if any, included in this contract or any subcontract hereunder (including any lower -tier subcontract), and the Government assumes liability for all other infringement to the extent of the authorization and consent hereinabove granted. (b) The Contractor agrees to include, and require inclusion of, this clause, suitably modified to identify the parties, in all subcontracts at any tier for supplies or services (including construction, architect -engineer services, and materials, supplies, models, samples, and design or testing services expected to exceed the simplified acquisition threshold); however, omission of this clause from any subcontract, including those at or below the simplified acquisition threshold, does not affect this authorization and consent. (End of clause) 43 52.227-4 PATENT INDEMNITY --CONSTRUCTION CONTRACTS (APR 1984) Except as otherwise provided, the Contractor agrees to indemnify the Government and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of performing this contract or out of the use or disposal by or for the account of the Government of supplies furnished or work performed under this contract. (End of clause) (R 7-602.16 1964 JUN) 44 52.228-2 ADDITIONAL BOND SECURITY (OCT 1997) The Contractor shall promptly furnish additional security required to protect the Government and persons supplying labor or materials under this contract if -- (a) Any surety upon any bond, or issuing financial institution for other security, furnished with this contract becomes unacceptable to the Government; (b) Any surety fails to furnish reports on its financial condition as required by the Government; (c) The contract price is increased so that the penal sum of any bond becomes inadequate in the opinion of the Contracting Officer; or (d) An irrevocable letter of credit (ILC) used as security will expire before the end of the period of required security. If the Contractor does not furnish an acceptable extension or replacement ILC, or other acceptable DACW67-99-B-0017 00700-45 094283 substitute, at least 30 days before an ILC's scheduled expiration, the Contracting officer has the right to immediately draw on the ILC. (End of clause) 45 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995) In accordance with Section 806(a)(3) of Pub. L. 102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355, upon the request of a prospective subcontractor or supplier offering to furnish labor or material for the performance of this contract for which a payment bond has been furnished to the Government pursuant to the Miller Act, the Contractor shall promptly provide a copy of such payment bond to the requester. (End of clause) 46 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (JAN 1991) (a) "Contract date," as used in this clause, means the date set for bid opening or, if this is a negotiated contract or a modification, the effective date of this contract or modification. "All applicable Federal, State, and local taxes and duties," as used in this clause, means all taxes and duties, in effect on the contract date, that the taxing authority is imposing and collecting on the transactions or property covered by this contract. "After -imposed Federal tax," as used in this clause, means any new or increased Federal excise tax or duty, or tax that was exempted or excluded on the contract date but whose exemption was later revoked or reduced during the contract period, on the transactions or property covered by this contract that the Contractor is required to pay or bear as the result of legislative, judicial, or administrative action taking effect after the contract date. It does not include social security tax or other employment taxes. "After -relieved Federal tax," as used in this clause, means any amount of Federal excise tax or duty, except social security or other employment taxes, that would otherwise have been payable on the transactions or property covered by this contract, but which the Contractor is not required to pay or bear, or for which the Contractor obtains a refund or drawback, as the result of legislative, judicial, or administrative action taking effect after the contract date. (b) The contract price includes all applicable Federal, State, and local taxes and duties. (c) The contract price shall be increased by the amount of any after - imposed Federal tax, provided the Contractor warrants in writing that no amount for such newly imposed Federal excise tax or duty or rate increase was included in the contract price, as a contingency reserve or otherwise. (d) The contract price shall be decreased by the amount of any after - relieved Federal tax. (e) The contract price shall be decreased by the amount of any Federal excise tax or duty, except social security or other employment taxes, that the Contractor is required to pay or bear, or does not obtain a refund of, through the Contractor's fault, negligence, or failure to follow instructions of the Contracting Officer. (f) No adjustment shall be made in the contract price under this clause unless the amount of the adjustment exceeds $250. (g) The Contractor shall promptly notify the Contracting Officer of all matters relating to any Federal excise tax or duty that reasonably may be DACW67-99-B-0017 00700-46 094283 expected to result in either an increase or decrease in the contract price and shall take appropriate action as the Contracting Officer directs. (h) The Government shall, without liability, furnish evidence appropriate to establish exemption from any Federal, State, or local tax when the Contractor requests such evidence and a reasonable basis exists to sustain the exemption. (End of clause) 47 52.232-5 PAYMENTS UNDER FIXED -PRICE CONSTRUCTION CONTRACTS (MAY 1997) (a) Payment of price. The Government shall pay the Contractor the contract price as provided in this contract. (b) Progress payments. The Government shall make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the Contracting Officer, on estimates of work accomplished which meets the standards of quality established under the contract, as approved by the Contracting Officer. (1) The Contractor's request for progress payments shall include the following substantiation: (i) An itemization of the amounts requested, related to the various elements of work required by the contract covered by the payment requested. (ii) A listing of the amount included for work performed by each subcontractor under the contract. (iii) A listing of the total amount of each subcontract under the contract. (iv) A listing of the amounts previously paid to each such subcontractor under the contract. (v) Additional supporting data in a form and detail required by the Contracting Officer. (2) In the preparation of estimates, the Contracting Officer may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the Contractor at locations other than the site also may be taken into consideration if-- (i) Consideration is specifically authorized by this contract; and (ii) The Contractor furnishes satisfactory evidence that it has acquired title to such material and that the material will be used to perform this contract. (c) Contractor certification. Along with each request for progress payments, the Contractor shall furnish the following certification, or payment shall not be made: (However, if the Contractor elects to delete paragraph (c)(4) from the certification, the certification is still acceptable.) I hereby certify, to the best of my knowledge and belief, that-- (1) The amounts requested are only for performance in accordance with the specifications, terms, and conditions of the contract; (2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of chapter 39 of Title 31, United States Code; (3) This request for progress payments does not include any amounts which the prime contractor intends to withhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract; and DACW67-99-B-0017 00700-47 094283 (4) This certification is not to be construed as final acceptance of a subcontractor's performance. (Name) (Title) (Date) (d) Refund of unearned amounts. If the Contractor, after making a certified request for progress payments, discovers that a portion or all of such request constitutes a payment for performance by the Contractor that fails to conform to the specifications, terms, and conditions of this contract (hereinafter referred to as the "unearned amount"), the Contractor shall-- (1) Notify the Contracting Officer of such performance deficiency; and (2) Be obligated to pay the Government an amount (computed by the Contracting Officer in the manner provided in paragraph (j) of this clause) equal to interest on the unearned amount from the 8th day after the date of receipt of the unearned amount until-- (i) The date the Contractor notifies the Contracting Officer that the performance deficiency has been corrected; or (ii) The date the Contractor reduces the amount of any subsequent certified request for progress payments by an amount equal to the unearned amount. (e) Retainage. If the Contracting Officer finds that satisfactory progress was achieved during any period for which a progress payment is to be made, the Contracting Officer shall authorize payment to be made in full. However, if satisfactory progress has not been made, the Contracting Officer may retain a maximum of 10 percent of the amount of the payment until satisfactory progress is achieved. When the work is substantially complete, the Contracting Officer may retain from previously withheld funds and future progress payments that amount the Contracting Officer considers adequate for protection of the Government and shall release to the Contractor all the remaining withheld funds. Also, on completion and acceptance of each separate building, public work, or other division of the contract, for which the price is stated separately in the contract, payment shall be made for the completed work without retention of a percentage. (f) Title, liability, and reservation of rights. All material and work covered by progress payments made shall, at the time of payment, become the sole property of the Government, but this shall not be construed as-- (1) Relieving the Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or (2) Waiving the right of the Government to require the fulfillment of all of the terms of the contract. (g) Reimbursement for bond premiums. In making these progress payments, the Government shall, upon request, reimburse the Contractor for the amount of premiums paid for performance and payment bonds (including coinsurance and reinsurance agreements, when applicable) after the Contractor has furnished evidence of full payment to the surety. The retainage provisions in paragraph (e) of this clause shall not apply to that portion of progress payments attributable to bond premiums. (h) Final payment. The Government shall pay the amount due the Contractor under this contract after— (1) Completion and acceptance of all work; (2) Presentation of a properly executed voucher; and (3) Presentation of release of all claims against the Government DACW67-99-B-0017 00700-48 094283 arising by virtue of this contract, other than claims, in stated amounts, that the Contractor has specifically excepted from the operation of the release. A release may also be required of the assignee if the Contractor's claim to amounts payable under this contract has been assigned under the Assignment of Claims Act of 1940 (31 U.S.C. 3727 and 41 U.S.C. 15). (i) Limitation because of undefinitized work. Notwithstanding any provision of this contract, progress payments shall not exceed 80 percent on work accomplished on undefinitized contract actions. A "contract action" is any action resulting in a contract, as defined in FAR Subpart 2.1, including contract modifications for additional supplies or services, but not including contract modifications that are within the scope and under the terms of the contract, such as contract modifications issued pursuant to the Changes clause, or funding and other administrative changes. (j) Interest computation on unearned amounts. In accordance with 31 U.S.C. 3903(c)(1), the amount payable under subparagraph (d)(2) of this clause shall be-- (1) Computed at the rate of average bond equivalent rates of 91-day Treasury bills auctioned at the most recent auction of such bills prior to the date the Contractor receives the unearned amount; and (2) Deducted from the next available payment to the Contractor. (End of clause) 48 52.232-17 INTEREST (JUN 1996) (a) Except as otherwise provided in this contract under a Price Reduction for Defective Cost or Pricing Data clause or a Cost Accounting Standards clause, all amounts that become payable by the Contractor to the Government under this contract (net of any applicable tax credit under the Internal Revenue Code (26 U.S.C. 1481)) shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 12 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in paragraph (b) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (b) Amounts shall be due at the earliest of the following dates: (1) The date fixed under this contract. (2) The date of the first written demand for payment consistent with this contract, including any demand resulting from a default termination. (3) The date the Government transmits to the Contractor a proposed supplemental agreement to confirm completed negotiations establishing the amount of debt. (4) If this contract provides for revision of prices, the date of written notice to the Contractor stating the amount of refund payable in connection with a pricing proposal or a negotiated pricing agreement not confirmed by contract modification. (c) The interest charge made under this clause may be reduced under the procedures prescribed in 32.614-2 of the Federal Acquisition Regulation in effect on the date of this contract. (End of clause) DACW67-99-B-0017 00700-49 094283 49 52.232-18 AVAILABILITY OF FUNDS (APR 1984) Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer. (End of clause) (SS 7-104.91(a) 1962 SEP) 50 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986) (a) The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereafter referred to as "the Act"), may assign its rights to be paid amounts due or to become due as a result of the performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. (b) Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. (c) The Contractor shall not furnish or disclose to any assignee under this contract any classified document (including this contract) or information related to work under this contract until the Contracting Officer authorizes such action in writing. (End of clause) 51 52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUN 1997) Notwithstanding any other payment terms in this contract, the Government will make invoice payments and contract financing payments under the terms and conditions specified in this clause. Payment shall be considered as being made on the day a check is dated or the date of an electronic funds transfer. Definitions of pertinent terms are set forth in section 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see subparagraph (a)(3) concerning payments due on Saturdays, Sundays, and legal holidays.) (a) Invoice payments— (1) Types of invoice payments. For purposes of this clause, there are several types of invoice payments that may occur under this contract, as follows: (i) Progress payments, if provided for elsewhere in this contract, based on Contracting Officer approval of the estimated amount and value of work or services performed, including payments for reaching milestones in any project: (A) The due date for making such payments shall be 14 days after receipt of the payment request by the designated billing office. If the designated billing office fails to annotate the payment request with the actual date of receipt at the time of receipt, the payment DACW67-99-B-0017 00700-50 094283 due date shall be the 14th day after the date of the Contractor's payment request, provided a proper payment request is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) The due date for payment of any amounts retained by the Contracting Officer in accordance with the clause at 52.232-5, Payments Under Fixed -Price Construction Contracts, shall be as specified in the contract or, if not specified, 30 days after approval for release to the Contractor by the Contracting Officer. (ii) Final payments based on completion and acceptance of all work and presentation of release of all claims against the Government arising by virtue of the contract, and payments for partial deliveries that have been accepted by the Government (e.g., each separate building, public work, or other division of the contract for which the price is stated separately in the contract): (A) The due date for making such payments shall be either the 30th day after receipt by the designated billing office of a proper invoice from the Contractor, or the 30th day after Government acceptance of the work or services completed by the Contractor, whichever is later. If the designated billing office fails to annotate the invoice with the date of actual receipt at the time of receipt, the invoice payment due date shall be the 30th day after the date of the Contractor's invoice, provided a proper invoice is received and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements. (B) On a final invoice where the payment amount is sub j ect to contract settlement actions (e.g., release of claims), acceptance shall be deemed to have occurred on the effective date of the contract settlement. (2) Contractor's invoice. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed in paragraphs (a)(2)(i) through (a)(2)(ix) of this clause. If the invoice does not comply with these requirements, it shall be returned within 7 days after the date the designated billing office received the invoice, with a statement of the reasons why it is not a proper invoice. Untimely notification will be taken into account in computing any interest penalty owed the Contractor in the manner described in subparagraph (a)(4) of this clause. (i) Name and address of the Contractor. (ii) Invoice date. (The Contractor is encouraged to date invoices as close as possible to the date of mailing or transmission.) (iii) Contract number or other authorization for work or services performed (including order number and contract line item number). (iv) Description of work or services performed. (v) Delivery and payment terms (e.g., prompt payment discount terms). (vi) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment). (vii) Name (where practicable), title, phone number, and mailing address of person to be notified in the event of a defective invoice. (viii) For payments described in paragraph (a)(1)(i) of this clause, substantiation of the amounts requested and certification in accordance with the requirements of the clause at 52.232-5, Payments Under Fixed -Price Construction Contracts. (ix) Any other information or documentation required by the contract. (x) While not required, the Contractor is strongly encouraged to assign an identification number to each invoice. DACW67-99-B-0017 00700-51 094283 (3) Interest penalty. An interest penalty shall be paid automatically by the designated payment office, without request from the Contractor, if payment is not made by the due date and the conditions listed in paragraphs (a)(3)(i) through (a)(3)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day without incurring a late payment interest penalty. (i) A proper invoice was received by the designated billing office. (ii) A receiving report or other Government documentation authorizing payment was processed and there was no disagreement over quantity, quality, Contractor compliance with any contract term or condition, or requested progress payment amount. (iii) In the case of a final invoice for any balance of funds due the Contractor for work or services performed, the amount was not sub j ect to further contract settlement actions between the Government and the Contractor. (4) Computing penalty amount. The interest penalty shall be at the rate established by the Secretary of the Treasury under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) that is in effect on the day after the due date, except where the interest penalty is prescribed by other governmental authority (e.g., tariffs). This rate is referred to as the "Renegotiation Board Interest Rate," and it is published in the Federal Register semiannually on or about January 1 and July 1. The interest penalty shall accrue daily on the invoice principal payment amount approved by the Government until the payment date of such approved principal amount; and will be compounded in 30-day increments inclusive from the first day after the due date through the payment date. That is, interest accrued at the end of any 30-day period will be added to the approved invoice principal payment amount and will be sub j ect to interest penalties if not paid in the succeeding 30-day period. If the designated billing office failed to notify the Contractor of a defective invoice within the periods prescribed in subparagraph (a)(2) of this clause, the due date on the corrected invoice will be adjusted by subtracting from such date the number of days taken beyond the prescribed notification of defects period. Any interest penalty owed the Contractor will be based on this adjusted due date. Adjustments will be made by the designated payment office for errors in calculating interest penalties. (i) For the sole purpose of computing an interest penalty that might be due the Contractor for payments described in paragraph (a)(1)(ii) of this clause, Government acceptance or approval shall be deemed to have occurred constructively on the 7th day after the Contractor has completed the work or services in accordance with the terms and conditions of the contract. In the event that actual acceptance or approval occurs within the constructive acceptance or approval period, the determination of an interest penalty shall be based on the actual date of acceptance or approval. Constructive acceptance or constructive approval requirements do not apply if there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. These requirements also do not compel Government officials to accept work or services, approve Contractor estimates, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (ii) The following periods of time will not be included in the determination of an interest penalty: (A) The period taken to notify the Contractor of defects in invoices submitted to the Government, but this may not exceed 7 days. DACW67-99-B-0017 00700-52 094283 (B) The period between the defects notice and resubmission of the corrected invoice by the Contractor. (C) For incorrect electronic funds transfer (EFT) information, in accordance with the EFT clause of this contract. (iii) Interest penalties will not continue to accrue after the filing of a claim for such penalties under the clause at 52.233-1, Disputes, or for more than 1 year. Interest penalties of less than $1 need not be paid. (iv) Interest penalties are not required on payment delays due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. Claims involving disputes, and any interest that may be payable, will be resolved in accordance with the clause at 52.233-1, Disputes. (5) Prompt payment discounts. An interest penalty also shall be paid automatically by the designated payment office, without request from the Contractor, if a discount for prompt payment is taken improperly. The interest penalty will be calculated on the amount of discount taken for the period beginning with the first day after the end of the discount period through the date when the Contractor is paid. (6) Additional interest penalty. (i) A penalty amount, calculated in accordance with subdivision (a)(6)(iii) of this clause, shall be paid in addition to the interest penalty amount if the Contractor -- (A) Is owed an interest penalty of $1 or more; (B) Is not paid the interest penalty within 10 days after the date the invoice amount is paid; and (C) Makes a written demand to the designated payment office for additional penalty payment, in accordance with subdivision (a)(6)(ii) of this clause, postmarked not later than 40 days after the date the invoice amount is paid. (ii)(A) Contractors shall support written demands for additional penalty payments with the following data. No additional data shall be required. Contractors shall-- (1) Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment interest penalty and such additional penalty as may be required; (2) Attach a copy of the invoice on which the unpaid late payment interest was due; and (3) State that payment of the principal has been received, including the date of receipt. (B) Demands must be postmarked on or before the 40th day after payment was made, except that-- (1) If the postmark is illegible or nonexistent, the demand must have been received and annotated with the date of receipt by the designated payment office on or before the 40th day after payment was made; or (2) If the postmark is illegible or nonexistent and the designated payment office fails to make the required annotation, the demand's validity will be determined by the date the Contractor has placed on the demand; provided such date is no later than the 40th day after payment was made. (iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except— (1) The additional penalty shall not exceed $5,000: (2) The additional penalty shall never be less than $25: and DACW67-99-B-0017 00700-53 094283 (3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1. (B) If the interest penalty ceases to accrue in accordance with the limits stated in subdivision (a)(4)(iii) of this clause, the amount of the additional penalty shall be calculated on the amount of interest penalty that would have accrued in the absence of these limits, subject to the overall limits on the additional penalty specified in subdivision (a)(6)(iii)(A) of this clause. (C) For determining the maximum and minimum additional penalties, the test shall be the interest penalty due on each separate payment made for each separate contract. The maximum and minimum additional penalty shall not be based upon individual invoices unless the invoices are paid separately. Where payments are consolidated for disbursing purposes, the maximum and minimum additional penalty determination shall be made separately for each contract therein. (D) The additional penalty does not apply to payments regulated by other Government regulations (e.g., payments under utility contracts sub j ect to tariffs and regulation). (b) Contract financing payments— (1) Due dates for recurring financing payments. If this contract provides for contract financing, requests for payment shall be submitted to the designated billing office as specified in this contract or as directed by the Contracting Officer. Contract financing payments shall be made on the day after receipt of a proper contract financing request by the designated billing office. In the event that an audit or other review of a specific financing request is required to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the due date specified. (2) Due dates for other contract financing. For advance payments, loans, or other arrangements that do not involve recurring submissions of contract financing requests, payment shall be made in accordance with the corresponding contract terms or as directed by the Contracting Officer. (3) Interest penalty not applicable. Contract financing payments shall not be assessed an interest penalty for payment delays. (c) Subcontract clause requirements. The Contractor shall include in each subcontract for property or services (including a material supplier) for the purpose of performing this contract the following: (1) Prompt payment for subcontractors. A payment clause that obligates the Contractor to pay the subcontractor for satisfactory performance under its subcontract not later than 7 days from receipt of payment out of such amounts as are paid to the Contractor under this contract. (2) Interest for subcontractors. An interest penalty clause that obligates the Contractor to pay to the subcontractor an interest penalty for each payment not made in accordance with the payment clause— (i) For the period beginning on the day after the required payment date and ending on the date on which payment of the amount due is made; and (ii) Computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (3) Subcontractor clause flowdown. A clause requiring each subcontractor to include a payment clause and an interest penalty clause conforming to the standards set forth in subparagraphs (c)(1) and (c)(2) of this clause in each of its subcontracts, and to require each of its DACW67-99-B-0017 00700-54 094283 subcontractors to include such clauses in their subcontracts with each lower -tier subcontractor or supplier. (d) Subcontract clause interpretation. The clauses required by paragraph (c) of this clause shall not be construed to impair the right of the Contractor or a subcontractor at any tier to negotiate, and to include in their subcontract, provisions that-- (1) Retainage permitted. Permit the Contractor or a subcontractor to retain (without cause) a specified percentage of each progress payment otherwise due to a subcontractor for satisfactory performance under the subcontract without incurring any obligation to pay a late payment interest penalty, in accordance with terms and conditions agreed to by the parties to the subcontract, giving such recognition as the parties deem appropriate to the ability of a subcontractor to furnish a performance bond and a payment bond; (2) Withholding permitted. Permit the Contractor or subcontractor to make a determination that part or all of the subcontractor's request for payment may be withheld in accordance with the subcontract agreement; and (3) Withholding requirements. Permit such withholding without incurring any obligation to pay a late payment penalty if-- (i) A notice conforming to the standards of paragraph (g) of this clause previously has been furnished to the subcontractor; and (ii) A copy of any notice issued by a Contractor pursuant to subdivision (d)(3)(i) of this clause has been furnished to the Contracting Officer. (e) Subcontractor withholding procedures. If a Contractor, after making a request for payment to the Government but before making a payment to a subcontractor for the subcontractor's performance covered by the payment request, discovers that all or a portion of the payment otherwise due such subcontractor is subject to withholding from the subcontractor in accordance with the subcontract agreement, then the Contractor shall-- (1) Subcontractor notice. Furnish to the subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon ascertaining the cause giving rise to a withholding, but prior to the due date for subcontractor payment; (2) Contracting Officer notice. Furnish to the Contracting Officer, as soon as practicable, a copy of the notice furnished to the subcontractor pursuant to subparagraph (e)(1) of this clause; (3) Subcontractor progress payment reduction. Reduce the subcontractor's progress payment by an amount not to exceed the amount specified in the notice of withholding furnished under subparagraph (e)(1) of this clause; (4) Subsequent subcontractor payment. Pay the subcontractor as soon as practicable after the correction of the identified subcontract performance deficiency, and-- (i) Make such payment within -- (A) Seven days after correction of the identified subcontract performance deficiency (unless the funds therefor must be recovered from the Government because of a reduction under paragraph (e)(5)(i)) of this clause; or (B) Seven days after the Contractor recovers such funds from the Government; or (ii) Incur an obligation to pay a late payment interest penalty computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty; DACW67-99-B-0017 00700-55 094283 (5) Notice to Contracting Officer. Notify the Contracting Officer upon -- (i) Reduction of the amount of any subsequent certified application for payment; or (ii) Payment to the subcontractor of any withheld amounts of a progress payment, specifying -- (A) The amounts withheld under subparagraph (e)(1) of this clause; and (B) The dates that such withholding began and ended; and (6) Interest to Government. Be obligated to pay to the Government an amount equal to interest on the withheld payments (computed in the manner provided in 31 U.S.C. 3903(c)(1)), from the 8th day after receipt of the withheld amounts from the Government until-- (i) The day the identified subcontractor performance deficiency is corrected; or (ii) The date that any subsequent payment is reduced under subdivision (e)(5)(i) of this clause. (f) Third -party deficiency reports-- (1) Withholding from subcontractor. If a Contractor, after making payment to a first -tier subcontractor, receives from a supplier or subcontractor of the first -tier subcontractor (hereafter referred to as a "second -tier subcontractor") a written notice in accordance with section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miller Act), asserting a deficiency in such first -tier subcontractor's performance under the contract for which the Contractor may be ultimately liable, and the Contractor determines that all or a portion of future payments otherwise due such first -tier subcontractor is subject to withholding in accordance with the subcontract agreement, the Contractor may, without incurring an obligation to pay an interest penalty under subparagraph (e)(6) of this clause-- (i) Furnish to the first -tier subcontractor a notice conforming to the standards of paragraph (g) of this clause as soon as practicable upon making such determination; and (ii) Withhold from the first -tier subcontractor's next available progress payment or payments an amount not to exceed the amount specified in the notice of withholding furnished under paragraph (f)(1)(i) of this clause. (2) Subsequent payment or interest charge. As soon as practicable, but not later than 7 days after receipt of satisfactory written notification that the identified subcontract performance deficiency has been corrected, the Contractor shall-- (i) Pay the amount withheld under paragraph (f)(1)(ii) of this clause to such first -tier subcontractor; or (ii) Incur an obligation to pay a late payment interest penalty to such first -tier subcontractor computed at the rate of interest established by the Secretary of the Treasury, and published in the Federal Register, for interest payments under section 12 of the Contracts Disputes Act of 1978 (41 U.S.C. 611) in effect at the time the Contractor accrues the obligation to pay an interest penalty. (g) Written notice of subcontractor withholding. A written notice of any withholding shall be issued to a subcontractor (with a copy to the Contracting Officer of any such notice issued by the Contractor), specifying-- (1) The amount to be withheld; (2) The specific causes for the withholding under the terms of the subcontract; and (3) The remedial actions to be taken by the subcontractor in order to DACW67-99-B-0017 00700-56 094283 receive payment of the amounts withheld. (h) Subcontractor payment entitlement. The Contractor may not request payment from the Government of any amount withheld or retained in accordance with paragraph (d) of this clause until such time as the Contractor has determined and certified to the Contracting Officer that the subcontractor is entitled to the payment of such amount. (i) Prime -subcontractor disputes. A dispute between the Contractor and subcontractor relating to the amount or entitlement of a subcontractor to a payment or a late payment interest penalty under a clause included in the subcontract pursuant to paragraph (c) of this clause does not constitute a dispute to which the United States is a party. The United States may not be interpleaded in any judicial or administrative proceeding involving such a dispute. (j) Preservation of prime -subcontractor rights. Except as provided in paragraph (i) of this clause, this clause shall not limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or a subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or nonperformance by a subcontractor. (k) Non -recourse for prime contractor interest penalty. The Contractor's obligation to pay an interest penalty to a subcontractor pursuant to the clauses included in a subcontract under paragraph (c) of this clause shall not be construed to be an obligation of the United States for such interest penalty. A cost -reimbursement claim may not include any amount for reimbursement of such interest penalty. (End of clause) 52 52.232-28 Reserved 53 52.233-1 I DISPUTES (OCT 1995)--ALTERNATE I (DEC 1991) (a) This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). (b) Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. (c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (d)(2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. (d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written DACW67-99-B-0017 00700-57 094283 decision by the Contracting Officer. (2)(i) Contractors shall provide the certification specified in subparagraph (d)(2)(iii) of this clause when submitting any claim -- (A) Exceeding $100,000; or (B) Regardless of the amount claimed, when using-- (1) Arbitration conducted pursuant to 5 U.S.C. 575-580; or (2) Any other alternative means of dispute resolution (ADR) technique that the agency elects to handle in accordance with the Administrative Dispute Resolution Act (ADRA). (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duty authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. (e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor -certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made. (f) The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. (g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use ADR. If the Contractor refuses an offer for alternative disputes resolution, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the request. When using arbitration conducted pursuant to 5 U.S.C. 575-580, or when using any other ADR technique that the agency elects to handle in accordance with the ADRA, any claim, regardless of amount, shall be accompanied by the certification described in subparagraph (d)(2)(iii) of this clause, and executed in accordance with subparagraph (d)(3) of this clause. (h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in (FAR) 48 CFR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim. (i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer. (End of clause) DACW67-99-B-0017 00700-58 094283 54 52.233-3 PROTEST AFTER AWARD (AUG 1996) (a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract. The order shall be specifically identified as a stop -work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either-- (1) Cancel the stop -work order; or (2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract. (b) If a stop -work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if-- (1) The stop -work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and (2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract. (c) If a stop -work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop -work order in arriving at the termination settlement. (d) If a stop -work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop -work order. (e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause. (f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government. (End of clause) 55 52.236-2 DIFFERING SITE CONDITIONS (APR 1984) (a) The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the Contracting Officer of (1) subsurface or latent physical conditions at the site which differ materially from those indicated in this contract, or (2) unknown DACW67-99-B-0017 00700-59 094283 physical conditions at the site, of an unusual nature, which differ materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in the contract. (b) The Contracting Officer shall investigate the site conditions promptly after receiving the notice. If the conditions do materially so differ and cause an increase or decrease in the Contractor's cost of, or the time required for, performing any part of the work under this contract, whether or not changed as a result of the conditions, an equitable adjustment shall be made under this clause and the contract modified in writing accordingly. (c) No request by the Contractor for an equitable adjustment to the contract under this clause shall be allowed, unless the Contractor has given the written notice required; provided, that the time prescribed in (a) above for giving written notice may be extended by the Contracting Officer. (d) No request by the Contractor for an equitable adjustment to the contract for differing site conditions shall be allowed if made after final payment under this contract. (End of clause) 56 52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984) (a) The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and roads; (3) uncertainties of weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during work performance. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the Government, as well as from the drawings and specifications made a part of this contract. Any failure of the Contractor to take the actions described and acknowledged in this paragraph will not relieve the Contractor from responsibility for estimating properly the difficulty and cost of successfully performing the work, or for proceeding to successfully perform the work without additional expense to the Government. (b) The Government assumes no responsibility for any conclusions or interpretations made by the Contractor based on the information made available by the Government. Nor does the Government assume responsibility for any understanding reached or representation made concerning conditions which can affect the work by any of its officers or agents before the execution of this contract, unless that understanding or representation is expressly stated in this contract. (End of clause) DACW67-99-B-0017 00700-60 094283 57 52.236-5 MATERIAL AND WORKMANSHIP (APR 1984) (a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract. (b) The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer,the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer's approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable. (End of clause) (R 7-602.9 1964 JUN) 58 52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984) At all times during performance of this contract and until the work is completed and accepted, the Contractor shall directly superintend the work or assign and have on the work site a competent superintendent who is satisfactory to the Contracting Officer and has authority to act for the Contractor. (End of clause) 59 52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire work, except for any completed unit of work which may have been accepted under the contract. (End of clause) DACW67-99-B-0017 00700-61 094283 60 52.236-8 OTHER CONTRACTS (APR 1984) The Government may undertake or award other contracts for additional work at or near the site of the work under this contract. The Contractor shall fully cooperate with the other contractors and with Government employees and shall carefully adapt scheduling and performing the work under this contract to accommodate the additional work, heeding any direction that may be provided by the Contracting Officer. The Contractor shall not commit or permit any act that will interfere with the performance of work by any other contractor or by Government employees. (End of clause) 61 52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES, AND IMPROVEMENTS (APR 1984) (a) The Contractor shall preserve and protect all structures, equipment, and vegetation (such as trees, shrubs, and grass) on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with the work required under this contract. The Contractor shall only remove trees when specifically authorized to do so, and shall avoid damaging vegetation that will remain in place. If any limbs or branches of trees are broken during contract performance, or by the careless operation of equipment, or by workmen, the Contractor shall trim those limbs or branches with a clean cut and paint the cut with a tree -pruning compound as directed by the Contracting Officer. (b) The Contractor shall protect from damage all existing improvements and utilities (1) at or near the work site, and (2) on adjacent property of a third party, the locations of which are made known to or should be known by the Contractor. The Contractor shall repair any damage to those facilities, including those that are the property of a third party, resulting from failure to comply with the requirements of this contract or failure to exercise reasonable care in performing the work. If the Contractor fails or refuses to repair the damage promptly, the Contracting Officer may have the necessary work performed and charge the cost to the Contractor. (End of clause) 62 52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984) (a) The Contractor shall confine all operations (including storage of materials) on Government premises to areas authorized or approved by the Contracting Officer. The Contractor shall hold and save the Government, its officers and agents, free and harmless from liability of any nature occasioned by the Contractor's performance. (b) Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be erected by the Contractor only with the approval of the Contracting Officer and shall be built with labor and materials furnished by the Contractor without expense to the Government. The temporary buildings and utilities shall remain the property of the Contractor and shall be removed by the Contractor at its expense upon completion of the work. With the written consent of the Contracting Officer, the buildings and utilities may be abandoned and need not be removed. (c) The Contractor shall, under regulations prescribed by the Contracting Officer, use only established roadways, or use temporary roadways DACW67-99-B-0017 00700-62 094283 constructed by the Contractor when and as authorized by the Contracting Officer. When materials are transported in prosecuting the work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by any Federal, State, or local law or regulation. When it is necessary to cross curbs or sidewalks, the Contractor shall protect them from damage. The Contractor shall repair or pay for the repair of any damaged curbs, sidewalks, or roads. (End of clause) 63 52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984) (a) The Government shall have the right to take possession of or use any completed or partially completed part of the work. Before taking possession of or using any work, the Contracting Officer shall furnish the Contractor a list of items of work remaining to be performed or corrected on those portions of the work that the Government intends to take possession of or use. However, failure of the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for complying with the terms of the contract. The Government's possession or use shall not be deemed an acceptance of any work under the contract. (b) While the Government has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or damage to the work resulting from the Government's possession or use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities." If prior possession or use by the Government delays the progress of the work or causes additional expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of completion, and the contract shall be modified in writing accordingly. (End of clause) 64 52.236-12 CLEANING UP (APR 1984) The Contractor shall at all times keep the work area, including storage areas, free from accumulations of waste materials. Before completing the work, the Contractor shall remove from the work and premises any rubbish, tools, scaffolding, equipment, and materials that are not the property of the Government. Upon completing the work, the Contractor shall leave the work area in a clean, neat, and orderly condition satisfactory to the Contracting Officer. (End of clause) 65 52.236-13 ACCIDENT PREVENTION (NOV 1991) (a) The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract. (b) For these purposes on contracts for construction or dismantling, demolition, or removal of improvements, the Contractor shall-- (1) Provide appropriate safety barricades, signs, and signal lights; (2) Comply with the standards issued by the Secretary of Labor at DACW67-99-B-0017 00700-63 094283 29 CFR Part 1926 and 29 CFR Part 1910; and (3) Ensure that any additional measures the Contracting Officer determines to be reasonably necessary for the purposes are taken. (c) If this contract is for construction or dismantling, demolition or removal of improvements with any Department of Defense agency or component, the Contractor shall comply with all pertinent provisions of the latest version of U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1, in effect on the date of the solicitation. (d) Whenever the Contracting Officer becomes aware of any noncompliance with these requirements or any condition which poses a serious or imminent danger to the health or safety of the public or Government personnel, the Contracting Officer shall notify the Contractor orally, with written confirmation, and request immediate initiation of corrective action. This notice, when delivered to the Contractor or the Contractor's representative at the work site, shall be deemed sufficient notice of the noncompliance and that corrective action is required. After receiving the notice, the Contractor shall immediately take corrective action. If the Contractor fails or refuses to promptly take corrective action, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. The Contractor shall not be entitled to any equitable adjustment of the contract price or extension of the performance schedule on any stop work order issued under this clause. (e) The Contractor shall insert this clause, including this paragraph (e), with appropriate changes in the designation of the parties, in subcontracts. (End of clause) 66 52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997) (a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any adjustment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall furnish from time to time such detailed drawings and other information as considered necessary, unless otherwise provided. (b) Wherever in the specifications or upon the drawings the words "directed", "required", "ordered", "designated", "prescribed", or words of like import are used, it shall be understood that the "direction", "requirement", "order", "designation", or "prescription", of the Contracting Officer is intended and similarly the words "approved", "acceptable", "satisfactory", or words of like import shall mean "approved by", or "acceptable to", or "satisfactory to" the Contracting Officer, unless otherwise expressly stated. (c) Where "as shown," "as indicated", "as detailed", or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word "provided" as used herein shall be understood to mean "provide complete in place," that is "furnished and installed". (d) Shop drawings means drawings, submitted to the Government by the DACW67-99-B-0017 00700-64 094283 Contractor, subcontractor, or any lower tier subcontractor pursuant to a construction contract, showing in detail (1) the proposed fabrication and assembly of structural elements, and (2) the installation (i.e., fit, and attachment details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Contracting Officer without evidence of the Contractor's approval may be returned for resubmission. The Contracting Officer will indicate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government's reasons therefor. Any work done before such approval shall be at the Contractor's risk. Approval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and approved in accordance with (f) below. (f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer approves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued. (g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop drawings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Contractor. (End of clause) 67 52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995) If the Contracting Officer decides to conduct a preconstruction conference, the successful offeror will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed. (End of clause) 68 52.242-13 BANKRUPTCY (JUL 1995) In the event the Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish, by certified mail or electronic commerce method authorized by the contract, written notification of the bankruptcy to the Contracting Officer responsible for administering the contract. This notification shall be furnished within five days of the initiation of the proceedings relating to DACW67-99-B-0017 00700-65 094283 bankruptcy filing. This notification shall include the date on which the bankruptcy petition was filed, the identity of the court in which the bankruptcy petition was filed, and a listing of Government contract numbers and contracting offices for all Government contracts against which final payment has not been made. This obligation remains in effect until final payment under this contract. (End of clause) 69 52.242-14 SUSPENSION OF WORK (APR 1984) (a) The Contracting Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Contracting Officer determines appropriate for the convenience of the Government. (b) If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted (1) by an act of the Contracting Officer in the administration of this contract, or (2) by the Contracting Officer's failure to act within the time specified in this contract (or within a reasonable time if not specified), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by the unreasonable suspension, delay, or interruption, and the contract modified in writing accordingly. However, no adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other term or condition of this contract. (c) A claim under this clause shall not be allowed (1) for any costs incurred more than 20 days before the Contractor shall have notified the Contracting Officer in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. (End of clause) 70 52.243-4 CHANGES (AUG 1987) (a) The Contracting Officer may, at any time, without notice to the sureties, if any, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract, including changes-- (1) In the specifications (including drawings and designs); (2) In the method or manner of performance of the work; (3) In the Government -furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work. (b) Any other written or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contracting Officer that causes a change shall be treated as a change order under this clause; provided, that the Contractor gives the Contracting Officer written notice stating (1) the date, circumstances, and source of the order and (2) that the Contractor regards the order as DACW67-99-B-0017 00700-66 094283 a change order. (c) Except as provided in this clause, no order, statement, or conduct of the Contracting Officer shall be treated as a change under this clause or entitle the Contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any such order, the Contracting Officer shall make an equitable adjustment and modify the contract in writing. However, except for an adjustment based on defective specifications, no adjustment for any change under paragraph (b) of this clause shall be made for any costs incurred more than 20 days before the Contractor gives written notice as required. In the case of defective specifications for which the Government is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the Contractor in attempting to comply with the defective specifications. (e) The Contractor must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting to the Contracting Officer a written statement describing the general nature and amount of the proposal, unless this period is extended by the Government. The statement of proposal for adjustment may be included in the notice under paragraph (b) above. (f) No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment under this contract. (End of clause) 71 52.244-1 RESERVED 72 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (OCT 1998) (a) Definition. "Commercial item," as used in this clause, has the meaning contained in the clause at 52.202-1, Definitions. "Subcontract," as used in this clause, includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as components of items to be supplied under this contract. (c) Notwithstanding any other clause of this contract, the Contractor is not required to include any FAR provision or clause, other than those listed below to the extent they are applicable and as may be required to establish the reasonableness of prices under Part 15, in a subcontract at any tier for commercial items or commercial components: (1) 52.222-26, Equal Opportunity (E.O. 11246); (2) 52.222-35, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (38 U.S.C. 4212(a)); (3) 52.222-36, Affirmative Action for Workers with Disabilities (29 U.S.C.793); and (4) 52.247-64, Preference for Privately Owned U.S.-Flagged Commercial Vessels (46 U.S.C. 1241) (flow down not required for subcontracts awarded DACW67-99-B-0017 00700-67 094283 beginning May 1, 1996). (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. (End of clause) 73 52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996) (a) Definition. "Work" includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components. (b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. (c) Government inspections and tests are for the sole benefit of the Government and do not-- (1) Relieve the Contractor of responsibility for providing adequate quality control measures; (2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance; (3) Constitute or imply acceptance; or (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below. (d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer's written authorization. (e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract. (f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises. (g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or (2) terminate for default the Contractor's right to proceed. (h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. However, if the work is found to meet DACW67-99-B-0017 00700-68 094283 contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time. (i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee. (End of clause) 74 52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994) (a) In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph (i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. (b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession. (c) The Contractor shall remedy at the Contractor's expense any failure to conform, or any defect. In addition, the Contractor shall remedy at the Contractor's expense any damage to Government -owned or controlled real or personal property, when that damage is the result of-- (1) The Contractor's failure to conform to contract requirements; or (2) Any defect of equipment, material, workmanship, or design furnished. (d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement. (e) The Contracting Officer shall notify the Contractor, in writing, within a reasonable time after the discovery of any failure, defect, or damage. (f) If the Contractor fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractor's expense. (g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall-- (1) Obtain all warranties that would be given in normal commercial practice; (2) Require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and (3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer. (h) In the event the Contractor's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. (i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be DACW67-99-B-0017 00700-69 094283 liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government -furnished material or design. (j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud. (End of clause) (R 7-604.4 1976 JUL) 75 52.248-3 VALUE ENGINEERING --CONSTRUCTION (MAR 1989) (a) General. The Contractor is encouraged to develop, prepare, and submit value engineering change proposals (VECP's) voluntarily. The Contractor shall share in any instant contract savings realized from accepted VECP's, in accordance with paragraph (f) below. (b) Definitions. "Collateral costs," as used in this clause, means agency costs of operation, maintenance, logistic support, or Government - furnished property. "Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes. "Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the Contractor incurs to make the contractual changes required by Government acceptance of a VECP. "Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistic support. The term does not include the normal administrative costs of processing the VECP. "Instant contract savings," as used in this clause, means the estimated reduction in Contractor cost of performance resulting from acceptance of the VECP, minus allowable Contractor's development and implementation costs, including subcontractors' development and implementation costs (see paragraph (h) below). "Value engineering change proposal (VECP)" means a proposal that-- (1) Requires a change to this, the instant contract, to implement; and (2) Results in reducing the contract price or estimated cost without impairing essential functions or characteristics; provided, that it does not involve a change-- (i) In deliverable end item quantities only; or (ii) To the contract type only. (c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (7) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following: (1) A description of the difference between the existing contract requirement and that proposed, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, and the effect of the change on the end item's performance. (2) A list and analysis of the contract requirements that must be DACW67-99-B-0017 00700-70 094283 changed if the VECP is accepted, including any suggested specification revisions. (3) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under paragraph (h) below. (4) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs. (5) A prediction of any effects the proposed change would have on collateral costs to the agency. (6) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule. (7) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known. (d) Submission. The Contractor shall submit VECP's to the Resident Engineer at the worksite, with a copy to the Contracting Officer. (e) Government action. (1) The Contracting Officer shall notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP. (2) If the VECP is not accepted, the Contracting Officer shall notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort. (3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause. The Contracting Officer may accept the VECP, even though an agreement on price reduction has not been reached, by issuing the Contractor a notice to proceed with the change. Until a notice to proceed is issued or a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The Contracting Officer's decision to accept or reject all or part of any VECP shall be final and not subject to the Disputes clause or otherwise subject to litigation under the Contract Disputes Act of 1978 (41 U.S.C. 601-613). (f) Sharing. (1) Rates. The Government's share of savings is determined by subtracting Government costs from instant contract savings and multiplying the result by (i) 45 percent for fixed -price contracts or (ii) 75 percent for cost -reimbursement contracts. (2) Payment. Payment of any share due the Contractor for use of a VECP on this contract shall be authorized by a modification to this contract to-- (i) Accept the VECP; (ii) Reduce the contract price or estimated cost by the amount of instant contract savings; and (iii) Provide the Contractor's share of savings by adding the amount calculated to the contract price or fee. (g) Collateral savings. If a VECP is accepted, the instant contract amount shall be increased by 20 percent of any projected collateral DACW67-99-B-0017 00700-71 094283 savings determined to be realized in a typical year of use after subtracting any Government costs not previously offset. However, the Contractor's share of collateral savings shall not exceed (1) the contract's firm -fixed -price or estimated cost, at the time the VECP is accepted, or (2) $100,000, whichever is greater. The Contracting Officer shall be the sole determiner of the amount of collateral savings, and that amount shall not be subject to the Disputes clause or otherwise subject to litigation under 41 U.S.C. 601-613. (h) Subcontracts. The Contractor shall include an appropriate value engineering clause in any subcontract of $50,000 or more and may include one in subcontracts of lesser value. In computing any adjustment in this contract's price under paragraph (f) above, the Contractor's allowable development and implementation costs shall include any subcontractor's allowable development and implementation costs clearly resulting from a VECP accepted by the Government under this contract, but shall exclude any value engineering incentive payments to a subcontractor. The Contractor may choose any arrangement for subcontractor value engineering incentive payments; provided, that these payments shall not reduce the Government's share of the savings resulting from the VECP. (i) Data. The Contractor may restrict the Government's right to use any part of a VECP or the supporting data by marking the following legend on the affected parts: "These data, furnished under the Value Engineering --Construction clause of contract , shall not be disclosed outside the Government or duplicated, used, or disclosed, in whole or in part, for any purpose other than to evaluate a value engineering change proposal submitted under the clause. This restriction does not limit the Government's right to use information contained in these data if it has been obtained or is otherwise available from the Contractor or from another source without limitations." If a VECP is accepted, the Contractor hereby grants the Government unlimited rights in the VECP and supporting data, except that, with respect to data qualifying and submitted as limited rights technical data, the Government shall have the rights specified in the contract modification implementing the VECP and shall appropriately mark the data. (The terms "unlimited rights" and "limited rights" are defined in Part 27 of the Federal Acquisition Regulation.) (End of clause) 76 52.249-2 I TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED -PRICE) (SEP 1996)--ALTERNATE I (SEP 1996) (a) The Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. (b) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the following obligations, regardless of any delay in determining or adjusting any amounts due under this clause: (1) Stop work as specified in the notice. (2) Place no further subcontracts or orders (referred to as subcontracts in this clause) for materials, services, or facilities, except as necessary to complete the continued portion of the contract. DACW67-99-B-0017 00700-72 094283 (3) Terminate all subcontracts to the extent they relate to the work terminated. (4) Assign to the Government, as directed by the Contracting Officer, all right, title, and interest of the Contractor under the subcontracts terminated, in which case the Government shall have the right to settle or to pay any termination settlement proposal arising out of those terminations. (5) With approval or ratification to the extent required by the Contracting Officer, settle all outstanding liabilities and termination settlement proposals arising from the termination of subcontracts; the approval or ratification will be final for purposes of this clause. (6) As directed by the Contracting Officer, transfer title and deliver to the Government (i) the fabricated or unfabricated parts, work in process, completed work, supplies, and other material produced or acquired for the work terminated, and (ii) the completed or partially completed plans, drawings, information, and other property that, if the contract had been completed, would be required to be furnished to the Government. (7) Complete performance of the work not terminated. (8) Take any action that may be necessary, or that the Contracting Officer may direct, for the protection and preservation of the property related to this contract that is in the possession of the Contractor and in which the Government has or may acquire an interest. (9) Use its best efforts to sell, as directed or authorized by the Contracting Officer, any property of the types referred to in subparagraph (b)(6) of this clause; provided, however, that the Contractor (i) is not required to extend credit to any purchaser and (ii) may acquire the property under the conditions prescribed by, and at prices approved by, the Contracting Officer. The proceeds of any transfer or disposition will be applied to reduce any payments to be made by the Government under this contract, credited to the price or cost of the work, or paid in any other manner directed by the Contracting Officer. (c) The Contractor shall submit complete termination inventory schedules no later than 120 days from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 120-day period. (d) After expiration of the plant clearance period as defined in Subpart 45.6 of the Federal Acquisition Regulation, the Contractor may submit to the Contracting Officer a list, certified as to quantity and quality, of termination inventory not previously disposed of, excluding items authorized for disposition by the Contracting Officer. The Contractor may request the Government to remove those items or enter into an agreement for their storage. Within 15 days, the Government will accept title to those items and remove them or enter into a storage agreement. The Contracting Officer may verify the list upon removal of the items, or if stored, within 45 days from submission of the list, and shall correct the list, as necessary, before final settlement. (e) After termination, the Contractor shall submit a final termination settlement proposal to the Contracting Officer in the form and with the certification prescribed by the Contracting Officer. The Contractor shall submit the proposal promptly, but no later than 1 year from the effective date of termination, unless extended in writing by the Contracting Officer upon written request of the Contractor within this 1 year period. However, if the Contracting Officer determines that the facts justify it, a termination settlement proposal may be received and acted on after 1 year or any extension. If the Contractor fails to submit the proposal within DACW67-99-B-0017 00700-73 094283 the time allowed, the Contracting Officer may determine, on the basis of information available, the amount, if any, due the Contractor because of the termination and shall pay the amount determined. (f) Subject to paragraph (e) of this clause, the Contractor and the Contracting Officer may agree upon the whole or any part of the amount to be paid or remaining to be paid because of the termination. The amount may include a reasonable allowance for profit on work done. However, the agreed amount, whether under this paragraph (f) or paragraph (g) of this clause, exclusive of costs shown in subparagraph (g)(3) of this clause, may not exceed the total contract price as reduced by (1) the amount of payments previously made and (2) the contract price of work not terminated. The contract shall be modified, and the Contractor paid the agreed amount. Paragraph (g) of this clause shall not limit, restrict, or affect the amount that may be agreed upon to be paid under this paragraph. (g) If the Contractor and Contracting Officer fail to agree on the whole amount to be paid the Contractor because of the termination of work, the Contracting Officer shall pay the Contractor the amounts determined as follows, but without duplication of any amounts agreed upon under paragraph (f) of this clause: (1) For contract work performed before the effective date of termination, the total (without duplication of any items) of-- (i) The cost of this work; (ii) The cost of settling and paying termination settlement proposals under terminated subcontracts that are properly chargeable to the terminated portion of the contract if not included in subdivision (g)(1)(i) of this clause; and (iii) A sum, as profit on subdivision (g)(1)(i) of this clause, determined by the Contracting Officer under 49.202 of the Federal Acquisition Regulation, in effect on the date of this contract, to be fair and reasonable; however, if it appears that the Contractor would have sustained a loss on the entire contract had it been completed, the Contracting Officer shall allow no profit under this subdivision (iii) and shall reduce the settlement to reflect the indicated rate of loss. (2) The reasonable costs of settlement of the work terminated, including— (i) Accounting, legal, clerical, and other expenses reasonably necessary for the preparation of termination settlement proposals and supporting data; (ii) The termination and settlement of subcontracts (excluding the amounts of such settlements); and (iii) Storage, transportation, and other costs incurred, reasonably necessary for the preservation, protection, or disposition of the termination inventory. (h) Except for normal spoilage, and except to the extent that the Government expressly assumed the risk of loss, the Contracting Officer shall exclude from the amounts payable to the Contractor under paragraph (g) of this clause, the fair value, as determined by the Contracting Officer, of property that is destroyed, lost, stolen, or damaged so as to become undeliverable to the Government or to a buyer. (i) The cost principles and procedures of Part 31 of the Federal Acquisition Regulation, in effect on the date of this contract, shall govern all costs claimed, agreed to, or determined under this clause. (j) The Contractor shall have the right of appeal, under the Disputes clause, from any determination made by the Contracting Officer under paragraph (e), (g), or (1) of this clause, except that if the Contractor failed to submit the termination settlement proposal or request for equitable adjustment within the time provided in paragraph (e) or (1), DAC W67-99-B-0017 00700-74 094283 respectively, and failed to request a time extension, there is no right of appeal. (k) In arriving at the amount due the Contractor under this clause, there shall be deducted-- (1) All unliquidated advance or other payments to the Contractor under the terminated portion of this contract; (2) Any claim which the Government has against the Contractor under this contract; and (3) The agreed price for, or the proceeds of sale of, materials, supplies, or other things acquired by the Contractor or sold under the provisions of this clause and not recovered by or credited to the Government. (1) If the termination is partial, the Contractor may file a proposal with the Contracting Officer for an equitable adjustment of the price(s) of the continued portion of the contract. The Contracting Officer shall make any equitable adjustment agreed upon. Any proposal by the Contractor for an equitable ad j ustment under this clause shall be requested within 90 days from the effective date of termination unless extended in writing by the Contracting Officer. (m)(1) The Government may, under the terms and conditions it prescribes, make partial payments and payments against costs incurred by the Contractor for the terminated portion of the contract, if the Contracting Officer believes the total of these payments will not exceed the amount to which the Contractor will be entitled. (2) If the total payments exceed the amount finally determined to be due, the Contractor shall repay the excess to the Government upon demand, together with interest computed at the rate established by the Secretary of the Treasury under 50 U.S.C. App. 1215(b)(2). Interest shall be computed for the period from the date the excess payment is received by the Contractor to the date the excess is repaid. Interest shall not be charged on any excess payment due to a reduction in the Contractor's termination settlement proposal because of retention or other disposition of termination inventory until 10 days after the date of the retention or disposition, or a later date determined by the Contracting Officer because of the circumstances. (n) Unless otherwise provided in this contract or by statute, the Contractor shall maintain all records and documents relating to the terminated portion of this contract for 3 years after final settlement. This includes all books and other evidence bearing on the Contractor's costs and expenses under this contract. The Contractor shall make these records and documents available to the Government, at the Contractor's office, at all reasonable times, without any direct charge. If approved by the Contracting Officer, photographs, microphotographs, or other authentic reproductions may be maintained instead of original records and documents. (End of clause) 77 52.249-10 DEFAULT (FIXED -PRICE CONSTRUCTION) (APR 1984) (a) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract including any extension, or fails to complete the work within this time, the Government may, by written notice to the Contractor, terminate the right to proceed with the work (or the separable part of the work) that has been delayed. In this event, the Government may take over the work and complete it by contract or otherwise, DACW67-99-B-0017 00700-75 094283 and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Government resulting from the Contractor's refusal or failure to complete the work within the specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Government in completing the work. (b) The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause, if- (1) The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include (i) acts of God or of the public enemy, (ii) acts of the Government in either its sovereign or contractual capacity, (iii) acts of another Contractor in the performance of a contract with the Government, (iv) fires, (v) floods, (vi) epidemics, (vii) quarantine restrictions, (viii) strikes, (ix) freight embargoes, (x) unusually severe weather, or (xi) delays of subcontractors or suppliers at any tier arising from unforeseeable causes beyond the control and without the fault or negligence of both the Contractor and the subcontractors or suppliers; and (2) The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. The findings of the Contracting Officer shall be final and conclusive on the parties, but subject to appeal under the Disputes clause. (c) If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Government. (d) The rights and remedies of the Government in this clause are in addition to any other rights and remedies provided by law or under this contract. (End of clause) 78 52.253-1 COMPUTER GENERATED FORMS (JAN 1991) (a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, provided there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form number and edition date. (b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form provided there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date. (c) If the Contractor submits a computer generated version of a form that is different than the required form, then the rights and obligations of the parties will be determined based on the content of the required form. (End of clause) DACW67-99-B-0017 00700-76 79 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991) (a) Definition. "Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions. (b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract. (End of clause) 80 52.203-7000 RESERVED 81 52.203-7001 SPECIAL PROHIBITION ON EMPLOYMENT (JUN 1997) (a) Definitions. As used in this clause-- (1) "Arising out of a contract with the DoD" means any act in connection with-- (i) Attempting to obtain, (ii) Obtaining, or (iii) Performing a contract or first -tier subcontract of any agency, department, or component of the Department of Defense (DoD). (2) "Conviction of fraud or any other felony" means any conviction for fraud or a felony in violation of state or Federal criminal statutes, whether entered on a verdict or plea, including a plea of nolo contendere, for which sentence has been imposed. (3) "Date of conviction" means the date judgment was entered against the individual. (b) 10 U.S.C. 2408 provides that any individual who is convicted after September 29, 1988, of fraud or any other felony arising out of a contract with the DoD is prohibited from: (1) Working in a management or supervisory capacity on any DoD contract or first -tier subcontract; (2) Serving on the board of directors of any DoD Contractor or first -tier subcontractor; or (3) Serving as a consultant to any DoD Contractor or first -tier subcontractor. (c) Unless waived, the prohibition in paragraph (b) applies for five years from the date of conviction. (d) 10 U.S.C. 2408 further provides that a defense Contractor or first - tier subcontractor shall be subject to a criminal penalty of not more than $500,000 if convicted of knowingly-- (1) Employing a person under a prohibition specified in paragraph (b) of this clause; or (2) Allowing such a person to serve on the board of directors of the Contractor or first -tier subcontractor. (e) In addition to the criminal penalties contained in 10 U.S.C. 2408, the Government may consider other available remedies, such as-- (1) Suspension or debarment; DACW67-99-B-0017 00700-77 094283 (2) Cancellation of the contract at no cost to the Government; or (3) Termination of the contract for default. (f) The Contractor may submit written requests for waiver of the prohibitions in paragraph (b) of this clause to the Contracting Officer. Requests shall clearly identify-- (1) The person involved; (2) The nature of the conviction and resultant sentence or punishment imposed; (3) The reasons for the requested waiver; and, (4) An explanation of why a waiver is in the interest of national security. (g) The Contractor agrees to include the substance of this clause, appropriately modified to reflect the identity and relationship of the parties, in all first -tier subcontracts exceeding the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation, except those for commercial items or components. (h) Pursuant to 10 U.S.C. 2408(c), defense contractors and subcontractors may obtain information as to whether a particular person has been convicted of fraud or any other felony arising out of a contract with the DoD by contacting The Office of Justice Programs, The Denial of Benefits Office, U.S. Department of Justice, telephone (202) 616-3507. (End of clause) 82 52.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) The Contractor's procedures for protecting against unauthorized disclosure of information shall not require Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the Contractor. (End of clause) 83 52.209-7003 COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING REQUIREMENTS (MAR 1998) By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., the VETS-100 report required by Federal Acquisition Regulation clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has submitted the most recent report required by 38 U.S.C. 4212(d). (End of provision) 84 52.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998) (a) Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $25,000 with a firm, or a subsidiary of a firm, that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. (b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a DACW67-99-B-00 17 00700-78 094283 subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded From Federal Procurement and Nonprocurement Programs. (End of clause) 85 52.223-7004 DRUG -FREE WORK FORCE (SEP 1988) (a) Definitions. (1) "Employee in a sensitive position," as used in this clause, means an employee who has been granted access to classified information; or employees in other positions that the Contractor determines involve national security, health or safety, or functions other than the foregoing requiring a high degree of trust and confidence. (2) "Illegal drugs," as used in this clause, means controlled substances included in Schedules I and II, as defined by section 802(6) of Title 21 of the United States Code, the possession of which is unlawful under Chapter 13 of that Title. The term "illegal drugs" does not mean the use of a controlled substance pursuant to a valid prescription or other uses authorized by law. (b) The Contractor agrees to institute and maintain a program for achieving the objective of a drug -free work force. While this clause defines criteria for such a program, contractors are encouraged to implement alternative approaches comparable to the criteria in paragraph (c) that are designed to achieve the obj ectives of this clause. (c) Contractor programs shall include the following, or appropriate alternatives: (1) Employee assistance programs emphasizing high level direction, education, counseling, rehabilitation, and coordination with available community resources; (2) Supervisory training to assist in identifying and addressing illegal drug use by Contractor employees; (3) Provision for self -referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues; (4) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis. Employee drug testing programs shall be established taking account of the following: (i) The Contractor shall establish a program that provides for testing for the use of illegal drugs by employees in sensitive positions. The extent of and criteria for such testing shall be determined by the Contractor based on considerations that include the nature of the work being performed under the contract, the employee's duties, the efficient use of Contractor resources, and the risks to health, safety, or national security that could result from the failure of an employee adequately to discharge his or her position. (ii) In addition, the Contractor may establish a program for employee drug testing -- (A) When there is a reasonable suspicion that an employee uses illegal drugs; or (B) When an employee has been involved in an accident or unsafe DACW67-99-B-0017 00700-79 094283 practice; (C) As part of or as a follow-up to counseling or rehabilitation for illegal drug use; (D) As part of a voluntary employee drug testing program. (iii) The Contractor may establish a program to test applicants for employment for illegal drug use. (iv) For the purpose of administering this clause, testing for illegal drugs may be limited to those substances for which testing is prescribed by section 2.1 of Subpart B of the "Mandatory Guidelines for Federal Workplace Drug Testing Programs" (53 FR 11980 (April 11 1988)), issued by the Department of Health and Human Services. (d) Contractors shall adopt appropriate personnel procedures to deal with employees who are found to be using drugs illegally. Contractors shall not allow any employee to remain on duty or perform in a sensitive position who is found to use illegal drugs until such time as the Contractor, in accordance with procedures established by the Contractor, determines that the employee may perform in such a position. (e) The provisions of this clause pertaining to drug testing programs shall not apply to the extent they are inconsistent with state or local law, or with an existing collective bargaining agreement; provided that with respect to the latter, the Contractor agrees that those issues that are in conflict will be a sub j ect of negotiation at the next collective bargaining session. (End of clause) 86 52.223-7005 HAZARDOUS WASTE LIABILITY (OCT 1992) (a) Definitions. As used in this clause-- (1) "Hazardous waste" has the meaning given that term by section 1004(5) of the Solid Waste Disposal Act (42 U.S.C. 6903(5)), except that such term also includes polychlorinated biphenyls (PCB). (2) "Polychlorinated biphenyls" (PCB) has the meaning given that term under section 6(e) of the Toxic Substances Control Act (15 U.S.C. 2605(e)). (b) Upon receipt of hazardous waste properly characterized pursuant to applicable laws and regulations, the Contractor agrees that it shall reimburse the Government for any penalties assessed against, all liabilities incurred by, costs incurred by, and damages suffered by, the Government that are caused by-- (1) The Contractor's breach of any terms of the contract; or (2) Any negligent or willful act or omission of the Contractor or employees of the Contractor, in the performance of the contract. (c) Not later than 30 days after the award date of the contract, the Contractor shall demonstrate the ability to reimburse the Government as provided in paragraph (b) of this clause, by providing evidence to the Contracting Officer that-- (1) The facility has liability insurance meeting the requirements of 40 CFR 264.147; or (2) The facility meets the financial assurance requirements of 40 CFR 264.147 for sudden and nonsudden accidental occurrences. (d) This clause does not apply to-- (1) Performance of remedial action or corrective action under-- (i) The Defense Environmental Restoration Program; (ii) Other programs or activities of the Department of Defense; or (iii) Authorized State hazardous waste programs; DACW67-99-B-0017 00700-80 094283 (2) Disposal of hazardous waste when the generation of such waste is incidental to the performance of the contract; or (3) Disposal of ammunition or solid rocket motors. (e) The Contractor shall include this clause, including this paragraph (e), in each subcontract under which the subcontractor receives hazardous waste from a defense facility. (End of clause) 87 52.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966) (a) Shop drawings for construction means drawings, submitted to the Government by the Construction Contractor, subcontractor or any lower -tier subcontractor pursuant to a construction contract, showing in detail (i) the proposed fabrication and assembly of structural elements and (ii) the installation (i.e., form, fit, and attachment details) of materials or equipment. The Government may duplicate, use, and disclose in any manner and for any purpose shop drawings delivered under this contract. (b) This clause, including this paragraph (b), shall be included in all subcontracts hereunder at any tier. (End of clause) 88 52.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991) When the allowability of costs under this contract is determined in accordance with Part 31 of the Federal Acquisition Regulation (FAR), allowability shall also be determined in accordance with Part 231 of the Defense FAR Supplement, in effect on the date of this contract. (End of clause) 89 52.232-7006 RESERVED 90 52.232-7009 PAYMENT BY ELECTRONIC FUNDS TRANSFER (CCR) (JUN 1998) (a) Method of payment. (1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of (b) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either (i) accept payment by check or some other mutually agreeable method of payment, or (ii) request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (e) of this clause). (b) Alternative contractor certification. If the Contractor certifies in writing, as part of its registration with the Central Contractor Registration (CCR) database that it does not have an account with a financial institution and does not have an authorized payment agent, payment shall be made by check to the remittance address contained in the CCR database. All contractor certifications will expire on January 1, 1999. (c) Contractor's EFT information. Except as provided in DACW67-99-B-0017 00700-81 094283 paragraph (b) of this clause, the Government shall make payment to the Contractor using the EFT information contained in the CCR database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database. (d) Mechanisms for EFT payment. The Government may make payment by EFT through either an Automated Clearing House subject to the banking laws of the United States or the Federal Reserve Wire Transfer System. (e) Suspension of payment. If the Contractor's EFT information in the CCR database is incorrect and the Contractor has not certified under paragraph (b) of this clause, the Government need not make payment to the Contractor under this contract until correct EFT information or certification is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply. (f) Contractor EFT arrangements. If the Contractor has identified multiple payment receiving points (i.e., more than one remittance address or EFT information set) in the CCR database, and the Contractor has not notified the Government of the payment receiving point applicable to this contract, the Government shall make payment to the first payment receiving point (EFT information set or remittance address as applicable) listed in the CCR database. (g) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the Government failed to use the Contractor's EFT information in the correct manner, the Government remains responsible for-- (i) Making a correct payment; (ii) Paying any prompt payment penalty due; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect, or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and-- (i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the contractor is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the payment office, the Government shall not make payment, and the provisions of paragraph (e) of this clause shall apply. (h) EFT and prompt payment. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System. (i) EFT and assignment of claims. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee register in the CCR database and be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that DAC W67-99-B-0017 00700-82 094283 shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (e) of this clause. (j) Liability for change of EFT information by financial agent. The Government is not liable for errors resulting from changes to EFT information made by the Contractor's financial agent. (k) Payment information. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Contractor has certified in accordance with paragraph (b) of this clause or if the Government otherwise makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database. (End of clause) 91 52.236-7000 MODIFICATION PROPOSALS --PRICE BREAKDOWN (DEC 1991) (a) The Contractor shall furnish a price breakdown, itemized as required and within the time specified by the Contracting Officer, with any proposal for a contract modification. (b) The price breakdown-- (1) Must include sufficient detail of all costs for-- (i) Material; (ii) Labor; (iii) Equipment; (iv) Subcontracts; and (v) Overhead; and (2) Must cover all work involved in was deleted, added, or changed. to permit an analysis of profit, and the modification, whether the work (c) The Contractor shall provide similar price breakdowns to support any amounts claimed for subcontracts. (d) The Contractor's proposal shall include a justification for any time extension proposed. (End of clause) 92 52.236-7002 OBSTRUCTION OF NAVIGABLE WATERWAYS (DEC 1991) (a) The Contractor shall-- (1) Promptly recover and remove any material, plant, machinery, or appliance which the Contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation; (2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and (3) When required by the Contracting Officer, mark or buoy such DACW67-99-B-0017 00700-83 094283 obstructions until the same are removed. (b) The Contracting Officer may-- (1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and (2) Deduct the cost of removal from any monies due or to become due to the Contractor; or (3) Recover the cost of removal under the Contractor's bond. (c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq.). (End of clause) 93 52.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991) When costs are a factor in any price adjustment under this contract, the contract cost principles and procedures in FAR Part 31 and DFARS Part 231, in effect on the date of this contract, apply. (End of clause) 94 52.248-7000 PREPARATION OF VALUE ENGINEERING CHANGE PROPOSALS (MAY 1994) Prepare value engineering change proposals, for submission pursuant to the value engineering clause of this contract, in the format prescribed by the version of MIL-STD-973 in effect on the date of contract award. (End of clause) 95 52.249-7001 reserved 96 52.249-5000 BASIS FOR SETTLEMENT OF PROPOSALS Actual costs will be used to determine equipment costs for a settlement proposal submitted on the total cost basis under FAR 49.206-2(b). In evaluating a terminations settlement proposal using the total cost basis, the following principiles will be applied to determine allowable equipment costs: (1) Actual costs for each piece of equipment, or groups of similar serial or series equipment, need not be available in the contractor's accounting records to determine total actual equipment costs. (2) If equipment costs have been allocated to a contract using predetermined rates , those charges will be adjusted to actual costs. (3) Recorded job costs adjusted for unallowable expenses will be used to determine equipment operating expenses. (4) Ownership costs (depreciation) will be determined using the contractor's depreciation schedule (subject to the provisions of FAR 31.205-11) . (5) License, taxes, storage and insurance costs are normally recovered as an indirect expense and unless the contractor charges these costs directly to contracts, they will be recovered through the indirect expense rate. (End of Statement) DACW67-99-B-0017 00700-84 094283 97 52.201-4001 SUCCESSOR CONTRACTING OFFICERS (52.0201-4001) The Contracting Officer who signed this contract is the primary Contracting Officer for the contract. Neverthless, any Contracting Officer assigned to the Seattle District and acting within his/her authority may take formal action on this contract when a contract action needs to be taken and the primary Contracting Officer is unavailable. END OF SECTION 00700 DACW67-99-B-0017 00700-85 This page intentionally blank 98038 094283 TABLE OF CONTENTS SPECIAL CLAUSES PARAGRAPH NO. PARAGRAPH TITLE SC-1 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK SC-1.1 DELETED -OPTION FOR INCREASED QUANTITY SC-2 LIQUIDATED DAMAGES - CONSTRUCTION SC-3 DELETED - TIME EXTENSIONS SC-4 VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS SC-5 DELETED - INSURANCE - WORK ON A GOVERNMENT INSTALLATION SC-6 DELETED - CONTINUING CONTRACTS SC-7 PERFORMANCE OF WORK BY THE CONTRACTOR SC-8 PHYSICAL DATA SC-9 DELETED - QUANTITY SURVEYS SC-10 LAYOUT OF WORK SC-11 DELETED - PAYMENT FOR MOBILIZATION AND DEMOBILIZATION SC-12 DELETED - AIRFIELD SAFETY PRECAUTIONS SC-13 DELETED - IDENTIFICATION OF GOVERNMENT -FURNISHED PROPERTY SC-14 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE SC-15 PAYMENT FOR MATERIALS DELIVERED OFF -SITE SC-16 DELETED - ORDER OF PRECEDENCE SC-17 DELETED - LIMITATION OF PAYMENT FOR DESIGN SC-18 CONTRACT DRAWINGS, MAPS AND SPECIFICATIONS SC-19. DELETED - TECHNICAL PROPOSAL - COPIES TO BE FURNISHED UPON AWARD SC-20. DELETED - COMPLIANCE CERTIFICATION SC-21. DELETED - VALUE ENGINEERING SC-22. EPA ENERGY STAR SC-23 YEAR 2000 WARRANTY DACW67-99-B-0017 00800-i 98038 094283 SPECIAL CLAUSES SC-1. COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) (FAR 52.211-10). (a) The Contractor shall be required to (1) commence work under this Contract within 10 calendar days after the date the Contractor receives the notice to proceed, (2) prosecute the work diligently, and (3) complete the entire work ready for use not later than 15 November 1999. The time stated for completion shall include final cleanup of the premises. See Section 01005 for AIRPORT AND ROAD RESTRICTIONS. (b) The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 15 March 1999. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the Contract and give the required performance and payment bonds within the time specified in the offer. (c) Exception to Completion Period(s): In case the Contracting Officer determines that completion of seeding, sodding, and planting, and establishment of same is not feasible within the completion period(s) stated above, the Contractor shall accomplish such work in the first planting period following the contract completion period and shall complete such work as specified, unless other planting periods are directed or approved by the Contracting Officer. SC-2. LIQUIDATED DAMAGES - CONSTRUCTION (APR 1984) (FAR 52.211-12) (a) If the Contractor fails to complete the work within the time specified in the Contract, or any extension, the Contractor shall pay to the Government as liquidated damages, the sum of $848.00 for each day of delay. (b) If the Government terminates the Contractor's right to proceed, the resulting damage will consist of liquidated damages until such reasonable time as may be required for final completion of the work together with any increased costs occasioned the Government in completing the work. (c) If the Government does not terminate the Contractor's right to proceed, the resulting damage will consist of liquidated damages until the work is completed or accepted. (d) Exception to Liquidated Damage: In case the Contracting Officer determines that completion of work stated above in paragraph Exception to Completion Period(s) is not feasible during the completion period(s) stated in SC-1, such work will be exempted from liquidated damages. SC-3. DELETED. SC-4. VARIATIONS IN ESTIMATED QUANTITIES - SUBDIVIDED ITEMS (MAR 1995) (EFARS 52.212-5001): This variation in estimated quantities clause is applicable only to Item Nos. 0004 and 0005. DAC W67-99-B-0017 00800-1 98038 094283 (a) Variation from the estimated quantity in the actual work performed under any second or subsequent sub -item or elimination of all work under such a second or subsequent sub -item will not be the basis for an adjustment in contract unit price. (b) Where the actual quantity of work performed for Items Nos. 0004 and 0005 is less than 85 % of the quantity of the first sub -item listed under such item, the Contractor will be paid at the contract unit price for that sub -item for the actual quantity of work performed and, in addition, an equitable adjustment shall be made in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities. (c) If the actual quantity of work performed under Items Nos. 0004 and 0005 exceeds 115 percent or is less than 85 percent of the total estimated quantity of the sub -item under that item and/or if the quantity of the work performed under the second sub -item or any subsequent sub -item under Items Nos. 0004 and 0005 exceeds 115 % or is less than 85 % of the estimated quantity of any such sub -item, and if such variation causes an increase or a decrease in the time required for performance of this contract the contract completion time will be adjusted in accordance with the clause FAR 52.211-18, Variation in Estimated Quantities. SC-5. AND SC-6. DELETED. SC-7. PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984) (FAR 52.236-1): The Contractor shall perform on the site, and with its own organization, work equivalent to at least fifteen (15) percent of the total amount of work to be performed under the Contract. The percentage may be reduced by a supplemental agreement to this Contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government. SC-8. PHYSICAL DATA (APR 1984) (FAR 52.236-4): Data and information furnished or referred to below is for the Contractor's information. The Government will not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) Physical Conditions: The indications of physical conditions on the drawings and in the specifications are the result of site investigations by test holes shown on the drawings. (b) Weather Conditions: Each bidder shall be satisfied before submitting his bid as to the hazards likely to arise from weather conditions. Complete weather records and reports may be obtained from any National Weather Service Office. (c) Transportation Facilities: Each bidder, before submitting his bid, shall make an investigation of the conditions of existing public and private roads and of clearances, restrictions, bridge load limits, and other limitations affecting transportation and ingress and egress at the jobsite. The unavailability of transportation facilities or limitations thereon shall not become a basis for claims for damages or extension of time for completion of the work. (d) Right -of -Way: The right-of-way for the work covered by these specifications will be furnished by the Government, except that the Contractor shall provide right-of-way for ingress and egress across private property where necessary to gain access to the jobsite. The Contractor may use such portions of the land within the right-of-way not otherwise occupied as may be designated by the Contracting Officer. The Contractor shall, without expense to the Government, and at any time during the progress of the work when DACW67-99-B-0017 00800-2 98038 094283 space is needed within the right-of-way for any other purposes, promptly vacate and clean up any part of the grounds that have been allotted to, or have been in use by, him when directed to do so by the Contracting Officer. The Contractor shall keep the buildings and grounds in use by him at the site of the work in an orderly and sanitary condition. Should the Contractor require additional working space or lands for material yards, job offices, or other purposes, he shall obtain such additional lands or easements at his expense. SC-9. DELETED. SC-10. LAYOUT OF WORK (APR 1984) (FAR 52.236-17): The Contractor shall lay out its work from Government -established base lines and bench marks indicated on the drawings, and shall be responsible for all measurements in connection with the layout. The Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the work. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving all stakes and other marks established by the Contracting Officer until authorized to remove them. If such marks are destroyed by the Contractor or through its negligence before their removal is authorized, the Contracting Officer may replace them and deduct the expense of the replacement from any amounts due, or to become due, to the Contractor. SC- I I THROUGH SC-13. DELETED. SC-14. EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (MAR 1995)- (EFARS 52.231-5000) (a) This clause does not apply to terminations. See 52.249-5000, Basis for Settlement of Proposals and FAR Part 49. (b) Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VIII. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply. (c) Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease -purchase arrangements, and sale -leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees. (d) When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the contracting officer shall request the contractor to submit either certified cost DACW67-99-B-0017 00800-3 98038 094283 or pricing data, or partial/limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet. SC-15. PAYMENT FOR MATERIALS DELIVERED OFF -SITE (MAR 1995)-(EFARS 52.232- 5000) (a) Pursuant to FAR clause 52.232-5, Payments Under Fixed Priced Construction Contracts, materials delivered to the contractor at locations other than the site of the work may be taken into consideration in making payments if included in payment estimates and if all the conditions of the General Provisions are fulfilled. Payment for items delivered to locations other than the work site will be limited to: (1) materials required by the technical provisions; or (3) materials that have been fabricated to the point where they are identifiable to an item of work required under this contract. (b) Such payment will be made only after receipt of paid or receipted invoices or invoices with canceled check showing title to the items in the prime contractor and including the value of material and labor incorporated into the item. In addition to petroleum products, payment for materials delivered off -site is limited to the following items: Any other construction material stored offsite may be considered in determining the amount of a progress payment. SC-16 AND SC-17. DELETED. SC-18. CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (OCT 1996) (52.0236-4001 EBS) (a) The Government-- (1) Will provide the Contractor, without charge, one set of contract drawings and one set of specifications in electronic format on a compact disk. The Government will not provide the Contractor any hard copy paper drawings or specifications for any contract resulting from this solicitation. (b) The Contractor shall -- and (1) check all drawings furnished immediately upon receipt; (2) Compare all drawings and verify the figures before laying out the work; (3) Promptly notify the Contracting Officer of any discrepancies; (4) Be responsible for any errors which might have been avoided by complying with this paragraph (b). (c) Large scale drawings shall, in general, govern small scale drawings. Figures marked on drawings shall, in general, be followed in preference to scale measurements. (d) Omissions from the drawings or specifications or the misdescription of details of work which are manifestly necessary to carry out the intent of the drawings and specifications, or which are customarily performed, shall not relieve the Contractor from performing such omitted or misdescribed details of the DACW67-99-B-0017 00800-4 98038 094283 work, but shall be performed as if fully and correctly set forth and described in the drawings and specifications. (e) The work shall conform to the specifications and the contract drawings identified in the index of drawings attached at the end of the Special Clauses. SC-19 THROUGH SC-21. DELETED. SC-22. EPA ENERGY STAR: The Government requires that certain equipment be Energy Star compliant. Initially, the sole Energy Star requirement shall be the self certification by the bidder that the specified equipment is Energy Star compliant. Within 3 months of the availability of an EPA sanctioned test for Energy Star compliance, the Contractor shall submit all equipment upgrades and additions for testing and provide proof of compliance to the Government upon completion of testing. Testing shall be at the Contractor's expense. SC-23. YEAR 2000 COMPLIANCE: a. In accordance with FAR 39.106, the Contractor shall ensure that with respect to any design, construction, goods, or services under this contract as well as any subsequent task/delivery orders issued under this contract (if applicable), all information technology contained therein shall be Year 2000 compliant. Specifically: b. The Contractor shall: (1) Perform, maintain, and provide an inventory of all major components to include structures, equipment, items, parts, and furnishings under this contract and each task/delivery order which may be affected by the Year 2000 compliance requirement. (2) Indicate whether each component is currently Year 2000 compliant or requires an upgrade for compliance prior to Government acceptance. DACW67-99-B-0017 00800-5 98038 094283 DESIGN AUTHENTICATION Flood Control Levees and Floodwalls Lower Cedar River, Renton, WA, Signatures affixed below indicate the drawings and specifications included in this solicitation were prepared, retiiewed and certified in accordance with Department of Army Engineer Regulations. i Lloyd G. Darko, P.E. Civil Engineer, Washington Acting Chief, Cost Eng & Tcch Support - "�7 Timothy w, P. . Civil Engineer, Washington Project Manager Rick L. loshier, RE Mechani al Engineer, ashington Chief, Design Branch fahillip M. O'Dell, P.E. Civil Engineer, Washington Chief, Engineering Division This project was designed by the U.S. Army Corps of Engineers, Seattle District. The initials and/or signatures and registration designations of individuals appearing on these project documents are within the scope of their employment as required by ER 1110-1-8152, ENGINEERING AND DESIGN PROFESSIONAL REGISTRATION, DACNAT67-99-B-0017 0OF'•00-5 98038 094283 INDEX OF DRAWINGS DRAWING SHEET PLATE REVISION DATE NUMBER NUMBER NUMBER TITLE NUMBER E-19-1-70 1 2 3 4 5 6 7 8 9 10 11 12 LOWER CEDAR RIVER FLOOD CONTROL - LEVEES AND FLOODWALLS RENTON, WASHINGTON GENERAL LEVEES & FLOODWALLS G-1 Cover Sheet G-2 Drawing Index G-3 Location Map G-4 Legend and Abbreviations GEOTECHNICAL GENERAL GT-1 Locations of Exploration I GT-2 Locations of Exploration II GT-3 Exploration Logs I GT-4 Exploration Logs II CIVIL LEVEES & FLOODWALLS C-1 Demolition Plan I C-2 Demolition Plan II C-3 Demolition Plan III C-4 Demolition Plan IV 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 98DEC03 DACW67-99-13-0017 00800-7 98038 094283 DRAWING SHEET PLATE REVISION DATE NUMBER NUMBER NUMBER TITLE NUMBER E-19-1-70 13 C-5 Demolition Plan V 98DEC03 14 C-6 Demolition Plan VI 98DEC03 15 C-7 Demolition Plan VII 98DEC03 16 C-8 Demolition Plan VIII 98DEC03 17 C-9 Demolition Plan IX 98DEC03 18 C-10 Left Bank Plan & Profile / 98DEC03 Station 0+00 To 8+00 19 C-11 Left Bank Plan & Profile / 98DEC03 Station 8+00 To 17+00 20 C-12 Left Bank Plan & Profile / 98DEC03 Station 17+00 to 26+00 21 C-13 Left Bank Plan & Profile / 98DEC03 Station 26+00 To 35+20 22 C-14 Left Bank Plan & Profile / 98DEC03 Station 35+20 To 44+40 23 C-15 Left Bank Plan & Profile / 98DEC03 Station 44+40 to 51+00 24 C-16 Left Bank Plan & Profile / 98DEC03 Station 51+00 to 59+00 25 C-17 Left Bank Plan & Profile / 98DEC03 Station 59+00 To 65+40 26 C-18 Left Bank Airport Drainage 98DEC03 Improvements I 27 C-19 Left Bank Airport Drainage 98DEC03 Improvements II 28 C-20 Left Bank Airport Drainage 98DEC03 Improvements III 29 C-21 Left Bank Airport Drainage 98DEC03 Improvements IV DAC W67-99-B-0017 00800-8 98038 094283 DRAWING SHEET PLATE REVISION DATE NUMBER NUMBER NUMBER TITLE NUMBER E-19-1-70 30 C-22 Left Bank Airport Drainage 98DEC03 Improvements V 31 C-23 Left Bank Airport Drainage 98DEC03 Improvements VI 32 C-24 Right Bank Plan & Profile / 98DEC03 Station 10+00 To 16+80 33 C-25 Right Bank Plan & Profile / 98DEC03 Station 16+80 To 24+40 34 C-26 Right Bank Plan & Profile / 98DEC03 Station 24+40 To 32+00 35 C-27 Right Bank Plan & Profile / 98DEC03 Station 32+00 To 39+40 36 C-28 Right Bank Plan & Profile / 98DEC03 Station 39+40 To 46+80 37 C-29 Right Bank Plan & Profile / 98DEC03 Station 46+80 To 54+40 38 C-30 Right Bank Plan & Profile / 98DEC03 Station 54+40 To 61+60 39 C-31 Right Bank Plan & Profile / 98DEC03 Station 61+60 To 67+20 40 C-32 Right Bank Plan & Profile / 98DEC03 Station 67+20 To 73+80 41 C-33 Right Bank Park Trail Plan & 98DEC03 Profile I 42 C-34 Right Bank Park Trail Plan & 98DEC03 Profile 11 43 C-35 Right Bank Park Trail Plan & 98DEC03 Profile III 44 C-36 Right Bank Park Trail Plan & 98DEC03 Profile IV DACW67-99-B-0017 00800-9 98038 094283 DRAWING SHEET PLATE REVISION DATE NUMBER NUMBER NUMBER TITLE NUMBER E-19-1-70 45 C-37 Right Bank Park Trail Plan & 98DEC03 Profile V 46 C-38 Right Bank Park Trail Plan & 98DEC03 Profile VI 47 C-39 Right Bank Park Trail Plan & 98DEC03 Profile VII 48 C-40 Civil Details I 98DEC03 49 C-41 Civil Details II 98DEC03 50 C-42 Civil Details III 98DEC03 51 C-43 Civil Details IV 98DEC03 52 C-44 Civil Details V 98DEC03 53 C-45 Civil Details VI 98DEC03 54 C-46 Civil Details VII 98DEC03 55 C-47 Civil Details VIII 98DEC03 56 C-48 Civil Details IX 98DEC03 57 C-49 Civil Details X 98DEC03 LANDSCAPE 58 L-1 Plant List/Legend and / General 98DEC03 Landscape Notes 59 L-2 Landscape Plan I 98DEC03 60 L-3 Landscape Plan II 98DEC03 61 L-4 Landscape Plan III 98DEC03 62 L-5 Landscape Plan IV 98DEC03 63 L-6 Landscape Plan V 98DEC03 64 L-7 Landscape Plan VI 98DEC03 DAC W67-99-B-0017 00800-10 98038 094283 DRAWING SHEET NUMBER NUMBER PLATE NUMBER TITLE REVISION DATE NUMBER E-19-1-70 65 L-8 Landscape Plan VII 98DEC03 66 L-9 Landscape Plan VIII 98DEC03 67 L-10 Landscape Plan IX 98DEC03 68 L-I1 Restroom Area Plan 98DEC03 69 L-12 Landscape Details I 98DEC03 70 L-13 Landscape Details II 98DEC03 STRUCTURAL 71 S-1 Levee Closure Gate Details I 98DEC03 72 S-2 Levee Closure Gate Details II 98DEC03 73 S-4 Floodwall Details 98DEC03 REFERENCE 74 R-1 Irrigation Plan I 98DEC03 75 R-2 Irrigation Plan II 98DEC03 76 R-3 Irrigation Plan III 98DEC03 77 R-4 Irrigation Plan IV 98DEC03 78 R-5 Irrigation Plan V 98DEC03 79 R-6 Irrigation Plan VI 98DEC03 80 R-7 Irrigation Plan VII 98DEC03 81 R-8 Irrigation Plan VIII 98DEC03 REFERENCE DRAWINGS Reference drawings provided show conditions at time of construction. These drawings are furnished for information only and the Government does not warrant that conditions will be exactly as shown. Minor deviations can be anticipated and shall not be the basis for a claim for extra compensation. REFERENCE DRAWING REVISION NUMBER TITLE NUMBER DATE DACW67-99-B-0017 00800-1 1 98038 094283 1 Irrigation Plan I 80JAN22 2 Irrigation Plan II 80JAN22 3 Irrigation Plan III 80JAN22 4 Irrigation Plan IV 80JAN22 5 Irrigation Plan V 80JAN22 6 Irrigation Plan VI 80JAN22 7 Irrigation Plan VII 80JAN22 8 Irrigation Plan VIII 80JAN22 DACW67-99-B-0017 00800-12 98038 094283 STANDARD DETAILS BOUND IN THE SPECIFICATIONS DRAWING SHEET DATE NUMBER NUMBER TITLE SECTION 01501 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1, 2, & 3 Civil Works Project Identification Sign REV 07APR88 I Hard Hat Sign I OSEP90 SECTION 02800 - SITE FURNISHINGS 24-Foot Square, All Steel Shelter SK - 1 Layout Plan & Elevation 93JUN06 SK - 2 Support Section & Footing Elevations 93JUN06 END OF SECTION DAC W67-99-B-0017 00800-13 98038 094283 DACW67-99-B-0017 00800-14 This page intentionally blank 094283 General Decision Number WA980001 General Decision Number WA980001 Superseded General Decision No. WA970001 State: Washington Construction Type: DREDGING HEAVY HIGHWAY County(ies): STATEWIDE HEAVY AND HIGHWAY AND DREDGING CONSTRUCTION PROJECTS (Excludes D.O.E. Hanford Site in Benton and Franklin Counties) Modification Number 0 1 2 3 4 5 6 7 8 9 10 11 12 COUNTY(ies): STATEWIDE CARPOOOIW 06/01/1998 Publication Date 02/13/1998 03/27/1998 04/10/1998 05/22/1998 06/12/1998 06/19/1998 07/10/1998 07/24/1998 07/31/1998 08/28/1998 10/09/1998 10/16/1998 11/20/1998 Rates Fringes DAC W67-99-B-0017 WA980001-1 094283 COLUMBIA RIVER AREA - ADAMS, BENTON, COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GRANT, OKANOGAN (EAST OF THE 120TH MERIDIAN) AND WALLA WALLA COUNTIES CARPENTERS: GROUP 1: 21.57 5.55 GROUP 2: 22.64 5.55 GROUP 3: 21.83 5.55 GROUP 4: 21.57 5.55 GROUP 5: 53.48 5.55 GROUP 6: 25.55 5.55 SPOKANE AREA: ASOTIN, GARFIELD, LINCOLN, PEND OREILLE, SPOKANE, STEVENS AND WHITMAN COUNTIES CARPENTERS: GROUP 1: 20.92 5.55 GROUP 2: 21.98 5.55 GROUP 3: 21.17 5.55 GROUP 4: 20.92 5.55 GROUP 5: 51.87 5.55 GROUP 6: 24.89 5.55 CARPENTERS CLASSIFICATIONS GROUP 1: Carpenter; Burner -Welder; Rigger and Signaler; Insulators (all types), Acoustical, Drywall and Metal Studs, Metal Panels and Partitions; Floor Layer, Sander, Finisher and Astro Turf; Layout Carpenters; Form Builder; Rough Framer; Outside or Inside Finisher, including doors, windows, and jams; Sawfiler; Shingler (wood, composition) Solar, Fiberglass, Aluminum or Metal; Scaffold Erecting and Dismantling; Stationary Saw -Off Bearer; Wire, Wood and Metal Lather Applicator GROUP 2: Millwright, machine erector GROUP 3: Piledriver - includes driving, pulling, cutting, placing collars, setting, welding, or creosote treated material, on all piling GROUP 4: Bridge, dock and wharf carpenters GROUP 5: Divers GROUP 6: Divers Tender DEPTH PAYY FOR DIVERS: Each foot over 50-100 feet $1.00 Each foot over 100-175 feet 2.25 Each foot over 175-250 feet 5.50 HAZMAT PROJECTS Anyone working on a HAZMAT job (task), where HAZMAT certification DACW67-99-B-0017 WA980001-2 094283 is required, shall be compensated at a premium, in addition to the classification working in as follows: LEVEL D + $.25 per hour - This is the lowest level of protection. No respirator is used and skin protection is minimal. LEVEL C + $.50 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B + $.75 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit". LEVEL A +$1.00 per hour - This level utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line. ---------------------------------------------------------------- CARP00030 06/01/1998 Rates Fringes SOUTHWEST WASHINGTON: CLARK, COWLITZ, KLICKITAT, LEWIS (Piledriver only), PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to Willapa Bay to the Pacific Ocean), SKAMANIA AND WAHKIAKUM COUNTIES and INCLUDES THE ENTIRE PENINSULA WEST OF WILLAPA BAY SEE ZONE DESCRIPTION FOR CITIES BASE POINTS ZONE 1: CARPENTERS; ACOUSTICAL 24.27 6.42 DRYWALL 24.27 6.42 FLOOR LAYERS & FLOOR FINISHERS (the laying of all hardwood floors nailed and mastic set, parquet and wood -type tiles, and block floors, the sanding and finishing of floors, the preparation of old and new floors when the materials mentioned above are to be installed); INSULATORS (fiberglass and similar irritating materils 24.42 6.42 MILLWRIGHTS 24.77 6.42 PILEDRIVERS 24.77 6.42 DIVERS 55.03 6.42 DIVERS TENDERS 24.59 6.42 DEPTH PAY 50 TO 100 FEET $1.00 PER FOOT OVER 50 FEET 100 TO 150 FEET 1.50 PER FOOT OVER 100 FEET 150 TO 200 FEET 2.00 PER FOOT OVER 150 FEET DAC W 67-99-B-0017 WA980001-3 094283 Zone Differential (Add up Zone 1 rates): Zone 2 - $0.85 Zone 3 - 1.25 Zone 4 - 1.70 Zone 5 - 2.00 Zone 6 - 3.00 BASEPOINTS: ASTORIA, LONGVIEW, PORTLAND, THE DALLES, AND VANCOUVER, (NOTE: All dispatches for Washington State Counties: Cowlitz, Wahkiakum and Pacific shall be from Longview Local #1707 and mileage shall be computed from that point.) ZONE 1: Projects located within 30 miles of the respective city hall of the above mentioned cities ZONE 2: Projects located more than 30 miles and less than 40 miles of the respective city of the above mentioned cities ZONE 3: Projects located more than 40 miles and less than 50 miles of the respective city of the above mentioned cities ZONE 4: Projects located more than 50 miles and less than 60 miles of the respective city of the above mentioned cities. ZONE 5: Projects located more than 60 miles and less than 70 miles of the respective city of the above mentioned cities ZONE 6: Projects located more than 70 miles of the respected city of the above mentioned cities ---------------------------------------------------------------- CARP0770D 06/01/1998 Rates Fringes WESTERN WASHINGTON: CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS (excludes piledrivers only), MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES CARPENTERS AND DRYWALL APPLICATORS 24.50 6.27 CARPENTERS ON CREOSOTE MATERIAL 24.60 6.27 SAWFILERS, STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR LAYER, SHINGLER, FLOOR SANDER OPERATOR AND OPERATORS OF OTHER STATIONARY WOOD WORKING TOOLS 24.63 6.27 MILLWRIGHT AND MACHINE ERECTORS 25.50 6.27 ACOUSTICAL WOKRERS 24.66 6.27 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, DAC W 67-99-B-0017 WA980001-4 094283 SETTING, WELDING OR CRESOTE TREATED MATERIAL, ALL PILING 24.70 6.27 PILEDRIVER, BRIDGE DOCK & WHARF CARPENTERS 24.50 6.27 DIVERS 60.52 6.27 DIVERS TENDER 26.92 6.27 (HOURLY ZONE PAY APPLICABLE TO ALL CLASSIFICATIONS EXCEPT MILLWRIGHT AND PILEDRIVER) Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Seattle Auburn Renton Aberdeen-Hoquiam Ellensburg Centralia Chelan Olympia Bremerton Shelton Tacoma Everett Mount Vernon Pt. Townsend Zone Pay 0 -25 radius miles Free 25-35 radius miles $1.00/hour 35-45 radius miles $1.15/hour 45-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour Bellingham Anacortes Yakima Wenatchee Port Angeles Sunnyside (HOURLY ZONE PAY - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay 0 -25 radius miles Free 25-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour CENTRAL WASHINGTON: CHELAN, DOUGLAS (WEST OF THE 120TH MERIDIAN), KITTITAS, OKANOGAN (WEST OF THE 120TH MERIDIAN) AND YAKIMA COUNTIES CARPENTERS AND DRYWALL APPLICATORS 19.77 6.27 CARPENTERS ON CREOSOTED MATERIAL 19.87 6.27 SAWFILERS, STATIONARY POWER SAW OPERATORS, FLOOR FINISHER, FLOOR LAYER, SHINGLERS, FLOOR DACW67-99-B-0017 WA980001-5 094283 SANDER OPERATORS 19.90 6.27 MILLWRIGHT AND MACHINE ERECTORS 25.50 6.27 PILEDRIVER, DRIVING, PULLING, CUTTING, PLACING COLLARS, SETTING, WELDING OR CRESOTE TREATED MATERIAL, ALL PILING 24.70 6.27 PILEDRIVER, BRIDGE DOCK AND WHARF CARPENTERS 24.50 6.27 DIVERS 60.52 6.27 DIVERS TENDER 26.93 6.27 (HOURLY ZONE PAY APPLICABLE TO ALL CLASSIFICATIONS EXCEPT MILLWRIGHT AND PILEDRIVER) Hourly Zone Pay shall be paid on jobs located outside of the free zone computed from the city center of the following listed cities: Seattle Auburn Renton Aberdeen-Hoquiam Ellensburg Centralia Chelan Olympia Bremerton Shelton Tacoma Everett Mount Vernon Pt. Townsend Zone Pay 0 -25 radius miles Free 25-35 radius miles $1.00/hour 35-45 radius miles $1.15/hour 45-55 radius miles $1.35/hour Over 55 radius miles $1.55/hour Bellingham Anacortes Yakima Wenatchee Port Angeles Sunnyside (HOURLY ZONE PAY - MILLWRIGHT AND PILEDRIVER ONLY) Hourly Zone Pay shall be computed from Seattle Union Hall, Tacoma City center, and Everett City center Zone Pay 0 -25 radius miles Free 25-45 radius miles $ .70/hour Over 45 radius miles $1.50/hour ELEC0046A 06/01/1997 DAC W67-99-B-0017 WA980001-6 094283 Rates Fringes CALLAM, JEFFERSON, KING AND KITSAP COUNTIES ELECTRICIANS 25.81 7.255+3% CABLE SPLICERS 28.39 7.255+3% ---------------------------------------------------------------- ELECOO48C 01/01/1998 Rates Fringes CLARK, KLICKITAT SKAMANIA COUNTIES ELECTRICIANS 26.50 8.85+3% CABLE SPLICERS 26.75 8.85+3% ---------------------------------------------------------------- ELECOO73A 07/01/1998 Rates Fringes ADAMS, FERRY, LINCOLN, PEND OREILLE, SPOKANE, STEVENS, WHITMAN COUNTIES ELECTRICIANS 22.42 7.23+3% CABLE SPLICERS 22.82 7.23+3% ---------------------------------------------------------------- ELECOO76B 07/01/1998 Rates Fringes GRAYS HARBOR, LEWIS, MASON, PACIFIC, PIERCE, AND THURSTON COUNTIES ELECTRICIANS 24.37 9.04+3% CABLE SPLICERS 26.81 9.04+3% ---------------------------------------------------------------- ELECOO77C O2/01/1998 Rates Fringes LINE CONSTRUCTION CABLE SPLICERS 27.72 6.00+3.5% LINEMEN, POLE SPRAYERS, HEAVY LINE EQUIPMENT MAN 25.00 6.00+3.5% LINE EQUIPMENT MEN 21.54 4.75+3.5% POWDERMEN, JACKHAMMERMEN 18.81 4.75+3.5% GROUNDMEN 17.66 4.75+3.5% TREE TRIMMER ---------------------------------------------------------------- 18.83 4.75+3.5% ELECO112E O6/01/1998 DAC W67-99-B-0017 WA980001-7 094283 Rates Fringes ASOTIN, BENTON, COLUMBIA, FRANKLIN, GARFIELD, KITTITAS, WALLA WALLA, YAKIMA COUNTIES ELECTRICIANS 26.20 6.83+3% CABLE SPLICERS 27.51 6.83+3% ---------------------------------------------------------------- ELECO191C 06/01/1998 Rates Fringes ISLAND, SAN JUAN, SNOHOMISH, SKAGIT AND WHATCOM COUNTIES ELECTRICIANS 25.34 6.63+3% CABLE SPLICERS 27.87 6.63+3% ---------------------------------------------------------------- ELECO191D 06/01/1998 Rates Fringes CHELAN, DOUGLAS, GRANT AND OKANOGAN COUNTIES ELECTRICIANS 23.19 6.63+3% CABLE SPLICERS 25.51 6.63+3% ---------------------------------------------------------------- ELEC0970A 06/01/1998 Rates Fringes COWLITZ AND WAHKIAKUM COUNTIES ELECTRICIANS 25.05 7.50+3% CABLE SPLICERS 27.56 7.50+3% ---------------------------------------------------------------- ENGI0302E 06/01/1998 Rates Fringes CHELAN (WEST OF THE 120TH MERIDIAN), CLALLAM, DOUGLAS (WEST OF THE 120TH MERIDIAN), GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, KITTITAS, MASON, OKANOGAN (WEST OF THE 120TH MERIDIAN), SAN JUAN, SKAGIT, SNOHOMISH, WHATCOM AND YAKIMA (WEST OF THE 120TH MERIDIAN) COUNTIES PROJECTS CATEGORY A PROJECTS (excludes Category B projects, as show below) POWER EQUIPMENT OPERATORS: Zone 1 (0-25 radius miles): GROUP 1AAA 26.66 7.13 DACW67-99-B-0017 WA980001-8 094283 GROUP 1AA 26.16 7.13 GROUP 1A 25.66 7.13 GROUP 1 25.16 7.13 GROUP 2 24.72 7.13 GROUP 3 24.36 7.13 GROUP 4 22.26 7.13 Zone 2 (26-45 radius miles) - Add $ .70 to Zone 1 rates Zone 3 (Over 45 radius miles) - Add $1.00 to Zone 1 rates BASEPOINTS: Bellingham, Mount Vernon, Kent, Port Angeles, Port Townsend, Aberdeen, Shelton, Bremerton, Wenatchee, Yakima, Seattle, Everett POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP IAAA - Cranes -over 300 tons or 300 ft. of boom (including job with attachments) GROUP 1AA - Cranes - 200 tons to 300 tons or 250 ft. of boom (including jib and attachments); Tower crane over 175 ft. in height, base to boom GROUP 1A - Cranes - 100 tons thru 199 tons or 150' of boom (including jib with attachments); Crane -overhead, bridge type, 100 tons and over; Tower crane up to 175 ft. in height base to boom; Loader -overhead, 8 yards and over; Shovel, excavator, backhoes-6 yards and over with attachments GROUP 1 - Cableway; Cranes-45 tons thru 99 tons, under 150 ft. of boom (including jib with attachments); Crane -overhead, bridge type, 45 tons thru 99 tons; Shovel, excavator, backhoes over 3 yards and under 6 yards; Hard tail end dump articulating off -road equipment 45 yards and over; Loader -overhead, 6 yards to, but not including 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9, HD 41, d-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers-self-propelled- 45 yards and over; Slipform pavers; Transporters, all track or truck type GROUP 2 - Barrier machine (zipper); Barch Plant opeator- concrete; Bump cutter; Cranes-20 tons thru 44 tons with attachments; Cranes -overheads, bridge type-20 tons through 44 tons; Chipper; Concrete pump -truck mount with boom attachment; Crusher; Deck Engineer/Deck Winches (power); Drilling machine; Excavator, shovel backhoe-3 yards and under; Finishing machine Bidwell, Gamaco and similar equipment; Guardrail punch; DAC W67-99-B-0017 WA980001-9 094283 Horizontal/directional drill operator; Loaders, overhead under 6 yds.; Loaders -plant feed; Locomotives -all; Mechanics -all; Mixers -asphalt plant; Motor patrol graders -finishing; Pildriver (other than crane mount); Roto-mill, roto-grinder; Screedman, Spreader, Topside Operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper -self-propelled, hard tail end dump, articulating off -road equipment -under 45 yards; Subgrader trimmer; Tractors, backhoes-over 75 hp; Transfer material service machine -shuttle buggy, blow knox, roadtec; Truck crane oiler/driver-100 tons and over; Truck mount portable conveyor;Yo Yo Pay Dozer GROUP 3 - Conveyors; Cranes-thru 19 tons with attachments; Cranes -A -frame over 10 tons; Drill oilers -auger type, truck or crane mount; Dozers D9 and under; Forklifts-3000 lbs and over with attachments; horizontal/directional drill locator; Outside hoists -(elevators and manlifts), air tuggers, strao tower bucket elevators; Hydralifts/boom truck -over 10 tons; Loader -elevating type belt; Motor Patrol Grader -non -finishing; Plant Oiler - asphalt, crusher; Pumps -concrete; Roller, plant mix or multi -lift materials; Saws -concrete; Scrapers -concrete and carryall; Service engineers -equipment; Trenching machines; Truck crane oiler/ driver -under 100 tons Tractors, backhoes-under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine -laser screed; Cranes-A-frame-10 tons and under; Elevator and manlift-permanent and shaft type; Forklifts -under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts, boom trucks-10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Post Hole Digger -mechanical; Power Plant; Pumps -water; Rigger and Bellman; Roller -other than plant mix; Wheel Tractors, farmall type; Shot crete/gunite equipment operator CATEGORY B PROJECTS - 90% of the basic hourly rate for each group plus full fringe benefits applicable to Category A projects shall apply to the following projects. Reduced rates may be paid on the following: 1. Projects involving work on structures such as buildings and structures whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Projects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docks, wharfs, etc.) less than $150,000. WORK PERFORMED ON HYDRAULIC DREDGES: Total Project Cost $300,000 and over GROUP 1 23.90 6.88 GROUP 2 23.98 6.88 GROUP 3 24.34 6.88 DAC W67-99-B-0017 WA980001-10 094283 GROUP 4 24.39 6.88 GROUP 5 25.78 6.88 GROUP 6 23.90 6.88 GROUP 1: Assistant Mate (Deckhand) GROUP 2: Oiler GROUP 3: Assistant Engineer (Electric, Diesel. Steam or Booster Pump); Mates and Boatmen GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6: Maintenance Total Project cost under $300,000 GROUP 1 21.51 6.88 GROUP 2 21.58 6.88 GROUP 3 21.91 6.88 GROUP 4 21.95 6.88 GROUP 5 23.20 6.88 GROUP 6 21.51 6.88 GROUP 1: Assistant Mate (Deckhand) GROUP 2: Oiler GROUP 3: Assistant Engineer (Electric, Diesel, Steam, or Booster Pump); Mates and Boatmen GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6: Maintenance HEAVY WAGE RATES (CATEGORY A) APPLIES TO CLAM SHELL DREDGE, HOE AND DIPPER, SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS. HANDLING OF HAZAARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outlined in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing H-2 Class "C" Suit - Base wage rate plus $.25 per hour. H-3 Class "B" Suit - Base wage rate plus $.50 per hour. H-4 Class "A" Suit - Base wage rate plus $.75 per hour. ---------------------------------------------------------------- ENGI0370C 06/01/1998 Rates Fringes ADAMS, ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN (EAST OF THE 120TH MERIDIAN), DAC W67-99-B-0017 WA980001-11 094283 PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA (EAST OF THE 120TH MERIDIAN) COUNTIES ZONE 1: POWER EQUIPMENT OPERATORS: GROUP 1A 19.91 5.40 GROUP 1 20.45 5.40 GROUP 2 20.76 5.40 GROUP 3 21.35 5.40 GROUP 4 21.51 5.40 GROUP 5 21.66 5.40 GROUP 6 21.93 5.40 GROUP 7 22.20 5.40 GROUP 8 23.26 5.40 ZONE DIFFERENTIAL (Add to Zone 1 rate): Zone 2 - $2.00 Zone 1: Within 45 mile radius of Spokane, Moses Lake, Pasco, Washington; Lewiston, Idaho Zone 2: Outside 45 mile radius of Spokane, Moses Lake, Pasco, Washington; Lewiston, Idaho POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP IA: Boat Operator; Crush Feeder; Oiler; Steam Cleaner GROUP 1: Bit Grinders; Bolt Threading Machine; Compressors (under 2000 CFM, gas, diesel, or electric power); Deck Hand; Drillers Helper (Assist driller in making drill rod connections, service drill engine and air compressor, repair drill rig and drill tools, drive drill support truck to and on the job site, remove drill cuttings from around bore hole and inspect drill rig while in operation); Fireman & Heater Tender; Grade Checker; Hydro -seeder, Mulcher, Nozzleman; Oiler Driver, & Cable Tender, Mucking Machine; Pumpman; Rollers, all types on subgrade, including seal and chip coatings (farm type, Case, John Deere & similar, or Compacting Vibrator), except when pulled by Dozer with operable blade; Welding Machine GROUP 2: A -frame Truck (single drum); Assistant Refrigeration Plant (under 1000 ton); Assistant Plant Operator, Fireman or Pugmixer (asphalt); Bagley or Stationary Scraper; Belt Finishing Machine; Blower Operator (cement); Cement Hog; Compressor (2000 CFM or over, 2 or more, gas diesel or electric power); Concrete Saw (multiple cut); Distributor Leverman; Ditch Witch or similar; DACW67-99-B-0017 WA980001-12 094283 Elevator Hoisting Materials; Dope Pots (power agitated); Fork Lift or Lumber Stacker, hydra -lift & similar; Gin Trucks (pipeline); Hoist, single drum; Loaders (bucket elevators and conveyors); Longitudinal Float; Mixer (portable -concrete); Pavement Breaker, Hydra -Hammer & similar; Power Broom; Railroad Ballast Regulation Operator (self-propelled); Railroad Power Tamper Operator (self-propelled); Railroad Tamper Jack Operator (self-propelled; Spray Curing Machine (concrete); Spreader Box (self-propelled); Straddle Buggy (Ross & similar on construction job only); Tractor (Farm type R/T with attachment, except Backhoe); Tugger Operator GROUP 3: A -frame Truck (2 or more drums); Assistant Refrigeration Plant & Chiller Operator (over 1000 ton); Backfillers (Cleveland & similar); Batch Plant & Wet Mix Operator, single unit (concrete); Belt -Crete Conveyors with power pack or similar; Belt Loader (Kocal or similar); Bending Machine; Bob Cat; Boring Machine (earth); Boring Machine (rock under 8" bit) (Quarry Master, Joy or similar); Bump Cutter (Wayne, Saginau or similar); Canal Lining Machine (concrete); Chipper (without crane); Cleaning & Doping Machine (pipeline); Deck Engineer; Elevating Belt -type Loader (Euclid, Barber Green & similar); Elevating Grader -type Loader (Dumor, Adams or similar); Generator Plant Engineers (diesel or electric); Gunnite Combination Mixer & Compressor; Locomotive Engineer; Mixermobile; Mucking Machine; Posthole Auger or Punch; Pump (grout or jet); Soil Stabilizer (P & H or similar); Spreader Machine; Tractor (to D-6 or equivalent) and Traxcavator; Traverse Finish Machine; Turnhead Operator GROUP 4: Concrete Pumps (squeeze-crete, flow -Crete, pump- crete, Whitman & similar); Curb Extruder (asphalt or concrete); Drills (churn, core, calyx or diamond)(operate drilling machine, drive or transport drill rig to and on job site and weld well casing); Equipment Serviceman; Greaser & Oiler; Hoist (2 or more drums or Tower Hoist); Loaders (overhead & front-end, under 4 yds. R/T); Refrigeration Plant Engineer (under 1000 ton); Rubber -tired Skidders (R/T with or without attachments); Surface Heater & Plant Machine; Trenching Machines (under 7 ft. depth capacity); Turnhead (with re -screening); Vacuum Drill (reverse circulation drill under 8" bit) GROUP 5: Backhoe (under 45,000 gw); Backhoe & Hoe Ram (under 3/4 yd.); Carrydeck & Boom Truck (under 25 tons); Cranes (25 tons & under), all attachments including clamshell, dragline; Derricks & Stifflegs (under 65 tons); Drilling Equipment(8" bit & over) (Robbins, reverse circulation & similar)(operates drilling machine, drive or transport drill rig to and on job site and weld well casing); Hoe Ram; Piledriving Engineers; Paving (dual drum); Railroad Track Liner Operaotr (self-propelled); Refrigeration Plant Engineer (1000 tons & over); Signalman (Whirleys, Highline Hammerheads or similar) DAC W67-99-B-0017 WA980001-13 094283 GROUP 6: Asphalt Plant Operator; Automatic Subgrader (Ditches & Trimmers)(Autograde, ABC, R.A. Hansen & similar on grade wire); Backhoe (45,000 gw and over to 110,000 gw); Backhoes & Hoe Ram (3/4 yd. to 3 yd.); Batch Plant (over 4 units)• Batch & Wet Mix Operator (multiple units, 2 & incl. 4); Blade Operator (motor patrol & attachments, Athey & Huber); Boom Cats (side); Cable Controller (dispatcher); Clamshell Operator (under 3 yds.); Compactor (self-propelled with blade); Concrete Pump Boom Truck; Concrete Slip Form Paver; Cranes (over 25 tons, to and including 45 tons), all attachments including clamshell, dragline; Crusher, Grizzle & Screening Plant Operator; Dozer, 834 R/T & similar; Draglines (under 3 yds.); Drill Doctor; H.D. Mechanic; H.D. Welder; Loader Operator (front-end & overhead, 4 yds. incl. 8 yds.); Multiple Dozer Units with single blade; Paving Machine (asphalt and concrete); Quad -Track or similar equipment; Rollerman (finishing asphalt pavement); Roto Mill (pavement grinder); Scrapers, all, rubber -tired; Screed Operator; Shovel(under 3 yds.); Tractors (D-6 & equilvalent & over); Trenching Machines (7 ft. depth & over); Tug Boat Operator Vactor guzzler, super sucker GROUP 7: Backhoe (over 110,000 gw); Backhoes & Hoe Ram (3 yds & over); Blade (finish & bluetop) Automatic, CMI, ABC, Finish Athey & Huber & similar when used as automatic; Cableway Operators; Concrete Cleaning/Decontamination machine operator; Cranes (over 45 tons to but not including 85 tons), all attachments including clamshell and dragine; Derricks & Stiffleys (65 tons & over); Elevating Belt (Holland type); Heavy equipment robotics operator; Loader (360 degrees revolving Koehring Scooper or similar); Loaders (overhead & front-end, over 8 yds. to 10 yds.); Rubber -tired Scrapers (multiple engine with three or more scrapers); Shovels (3 yds. & over); Whirleys & Hammerheads, ALL GROUP 8: Cranes (85 tons and over, and all climbing, overhead,rail and tower), all attachments including clamshell, dragline; Loaders (overhead and front-end, 10 yards and over); Helicopter Pilot BOOM PAY: (All Cranes, Including Tower) 180' to 250' $ .30 over scale Over 250' $ .60 over scale NOTE: In computing the length of the boom on Tower Cranes, they shall be measured from the base of the Tower to the point of the boom. HAZMAT: Anyone working on HAZMAT jobs, working with supplied air shall receive $1.00 an hour above classification. DAC W67-99-B-0017 WA980001-14 094283 ENGI0370G 06/01/1998 Rates Fringes ADAMS, ASOTIN, BENTON, CHELAN (EAST OF THE 120TH MERIDIAN), COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN (EAST OF THE 120TH MERIDIAN), PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN AND YAKIMA (EAST OF THE 120TH MERIDIAN) COUNTIES WORK PERFORMED ON HYDRAULIC DREDGES GROUP 1: 23.28 5.40 GROUP 2: 23.64 5.40 GROUP 3: 23.67 5.40 GROUP 4: 24.05 5.40 GROUP 5: 23.10 5.40 GROUP 1: Assistant Mate (Deckhand) and Oiler GROUP 2: Assistant Engineer (Electric, Diesel, Steam, or Booster Pump); Mates and Boatmen GROUP 3: Engineer Welder GROUP 4: Leverman, Hydraulic GROUP 5: Maintenance HEAVY WAGE RATES APPLIES TO CLAM SHELL DREDGE, HOE AND DIPPER, SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS. ---------------------------------------------------------------- ENGI0612A 06/01/1998 Rates Fringes LEWIS, PIERCE, PACIFIC (THAT PORTION WHICH LIES NORTH OF A PARALLEL LINE EXTENDED WEST FROM THE NORTHERN BOUNDARY OF WAHKAIKUM COUNTY TO THE SEA IN THE STATE OF WASHINGTON) AND THURSTON COUNTIES PROJECTS: CATEGORY A PROJECTS (excludes Category B projects, as shown below) POWER EQUIPMENT OPERATORS: ZONE 1 (0-25 radius miles): GROUP IAAA 26.66 7.13 GROUP 1AA 26.16 7.13 GROUP 1A 25.66 7.13 GROUP 1 25.16 7.13 GROUP 2 24.72 7.13 GROUP 3 24.36 7.13 GROUP 4 22.26 7.13 DACW67-99-B-0017 WA980001-15 094283 ZONE 2 (26-45 radius miles) - Add $.70 to Zone 1 rates ZONE 3 (Over 45 radius miles) - Add $1.00 to Zone 1 rates BASEPOINTS: Tacoma, Olympia, and Centralia POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1AAA - Cranes-300 tons, or 300 ft of boon► (including jib with attachments) GROUP 1AA - Cranes 200 tons to 300 tons, or 250 ft of boom (including jib with attachments); Tower crane over 175 ft in height, base to boom GROUP 1A - Crane 100 tons thru 199 tons, or 150 of boom (including jib with attachments); Crane -overhead, bridge type, 100 tons and over; Shovel, excavator, backhoes-6 yds and over with attachments GROUP 1 - Cableways; Cranes-45 tons thru 99 tons, under 150 ft of boom (including jib with attachments); Crane -overhead, bridge type - 45 tons thru 99 tons; Excavator, shovel, backhoes over 3 yards and under 6 yards; hard tail end dump articulating off -road equipment 45 yards and over; loader -overhead 6 yards to, but not including 8 yards; Mucking machine, mole, tunnel, drill and/or shield; Quad 9, HD 41, D-10; Remote control operator on rubber tired earth moving equipment; Rollagon; Scrapers-self- propelled-45 yds and over; Slipform pavers; Transporters -all track or truck type GROUP 2 - Barrier machine (zipper); Batch Plant Operator - concrete; Bump cutter; Cranes-20 tons through 44 tons with attachments; Crane -overhead, bridge type-20 tons thru 44 tons; Chipper, Concrete Pump -truck mounted with boom attachment; Crushers; Deck Engineer/Deck Winches (power); Drilling machine; Excavator, shovel, backhoe-3yards and under; Finishing machine, Bidwell, Gamaco and similar equipment; Guardrail punch; Horizontal/directional drill operator; Loaders, overhead under 6 yds.; Loaders, plant feed; Locomotive -all; Mechanics -all; Mixers, asphalt plant; Motor patrol graders -finishing; Piledriver (other than crane mount); Roto-mill, roto grinder; screedman, spreader, topside operator-Blaw Knox, Cedar Rapids, Jaeger, Caterpillar, Barbar Green; Scraper -self propelled, hard tail end dump, articulating off -road equipment under 45 yds.; Subgrader trimmer; Tractors, backhoes over 75 hp.; Transfer material service machine -shuttle buggy, Blaw Knox-Roadtec; Truck Crane DACW67-99-B-0017 WA980001-16 094283 Oiler/driver-100 tons and over, Truck Mount Portable Conveyor; Yo Yo Pay dozer. GROUP 3 - Conveyors; Cranes-thru 19 tons with attachments; Cranes -A -frame over 10 tons; Drill Oilers -Auger type, truck or crane mount; Dozers-D-9 and under; Forklifts-3000 lbs. and over with attachments; Horizontal/directional drill locator; Outside hoists -(elevators and manlifts), air tuggers, strato tower bucket elevators; Hydralifts/Boom Trucks -over 10 tons; Loaders -elevating type, belt; Motor patrol grader-nonfinishing; Plant Oiler -Asphalt, Crusher; Pumps, Concrete; Roller, plant mix or multi -lift materials; Saws -concrete; Scrapers -Concrete and Carry all; Trenching machines; Truck Crane Oiler/Driver-under 100 tons; Tractor, backhoe-under 75 hp GROUP 4 - Assistant Engineer; Bobcat; Brooms; Compressor; Concrete Finish Machine -laser screed; Crane -A -Frame, 10 tons and under; Elevator and manlift-permanent and shaft type; Forklifts -under 3000 lbs. with attachments; Gradechecker, stakehop; Hydralifts, boom trucks, 10 tons and under; Oil distributors, blower distribution and mulch seeding operator; Pavement breaker; Posthole Digger -mechanical; Power plant; Pumps -Water; Roller -other than Plant Mix; Wheel Tractors, Farmall type; Shotcrete/Gunite Equipment Operator CATEGORY B PROJECTS - 90% of the basic hourly rate for each group plus full fringe benefits applicable to Category A projects shall apply to the following projects: Reduced rates may be paid on the following: 1. Proj ects involving work on structures such as buildings and structures whose total value is less than $1.5 million excluding mechanical, electrical, and utility portions of the contract. 2. Proj ects of less than $1 million where no building is involved. Surfacing and paving included, but utilities excluded. 3. Marine projects (docts, wharfs, etc.) less than $150,000 WORK PERFORMED ON HYDRAULIC DREDGES: Total Project cost $300,000 and over GROUP 1 23.90 6.88 GROUP 2 23.98 6.88 GROUP 3 24.34 6.88 GROUP 4 24.39 6.88 GROUP 5 25.78 6.88 GROUP 6 23.90 6.88 GROUP 1: Assistant Mate (Deckhand) GROUP 2: Oiler GROUP 3: Assistant Engineer (Electric, Diesel, Steam or Booster Pump); Mates and Boatmen DACW67-99-B-0017 WA980001-17 094283 GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6: Maintenance Total Project Cost under $300,000 GROUP 1 21.51 6.88 GROUP 2 21.58 6.88 GROUP 3 21.91 6.88 GROUP 4 21.95 6.88 GROUP 5 23.20 6.88 GROUP 6 21.51 6.88 GROUP 1: Assistant Mate (Deckhand) GROUP 2: Oiler GROUP 3: Assistant Engineer (Electric, Diesel, Steam or Booster Pump); Mates and Boatmen GROUP 4: Craneman, Engineer Welder GROUP 5: Leverman, Hydraulic GROUP 6: Maintenance HEAVY WAGE RATES APPLIES TO CLAM SHEEL DREDGE, HOE AND DIPPER, SHOVELS AND SHOVEL ATTACHMENTS, CRANES AND BULLDOZERS HANDLING OF HAZARDOUS WASTE MATERIALS H-1 - When not outfitted with protective clothing of level D equipment - Base wage rate H-2 - Class "C" Suit - Base wage rate + $.25 per hour H-3 - Class "B" Suit - Base wage rate + $.50 per hour H-4 ---------------------------------------------------------------- - Class "A" Suit - Base wage rate +$.75 per hour ENGI0701D 01/01/1998 Rates Fringes CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES POWER EQUIPMENT OPERATORS (See Footnote A) ZONE 1: GROUP 1 24.81 7.55 GROUP 2 23.90 7.55 GROUP 3 23.20 7.55 GROUP 4 22.73 7.55 GROUP 5 22.17 7.55 GROUP 6 20.00 7.55 Zone Differential (add to Zone 1 rates): Zone 2 - $1.50 Zone 3 - 3.00 DACW67-99-B-0017 WA980001-18 094283 For the following metropolitan counties: MULTNOMAH; CLACKAMAS; MARION; WASHINGTON; YAMHILL; AND COLUMBIA; CLARK AND COWLITZ COUNTY, WASHINGTON WITH MODIFICATIONS AS INDICATED: All jobs or projects located in Multnomah, Clackamas and Marion counties, West of the western boundary of Mt. Hood National Forest and West of Mile Post 30 ON Interstate 84 and West of Mile Post 30 on State Highway 26 and West of Mile Post 30 on Highway 22 and all jobs located in Yamhill County, Washington County and Columbia County and all jobs or projects located in Clark and Cowlitz Counties, Washington except that portion of Cowlitz County in the Mt. St. Helens "Blast Zone" shall receive Zone I pay for all classifications. All jobs or projects located in the area outside the identified boundary above, but less than 50 miles from the Portland City Hall shall receive Zone II pay for all classifications. All jobs or projects located more than 50 miles from the Portland City Hall, but outside the identified border above, shall receive Zone III pay for all classifications. For the following cities: ALBANY; COOS, BAY; EUGENE; GRANTS PASS; KLAMATH FALLS; MEDFORD; ROSEBURG All jobs or projects located within 30 miles of the respective city hall of the above mentioned cities shall receive Zone I pay for all classifications. All jobs of projects located more than 30 miles ans less than 50 miles from the respective city hall of the above mentioned cities shall receive Zone II pay for all classifications. All jobs of projects located more than 50 miles from the respective city hall of the above mentioned cities shall receive Zone III pay for all classifications. POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: CONCRETE: Batch Plant and/or Wet Mix Operator, three units or more; CRANE: Crane Operator, over 200 tons; Whirley Operator 90 tons and over; Helicopter Operators, when used in erecting work; Floating Crane, 150 tons but less than 250 tons; Lattice Boom Crane - 200 tons and over, Boom 201' through 280'; FLOATING EQUIPMENT: Floating Crane, 250 tons and over DAC W67-99-B-0017 WA980001-19 094283 GROUP 2: ASPHALT: Asphalt Plant Operator (any type); Roto- mill, pavement profiler, operator, six foot lateral cut and over; BLADE: Auto Grader or "Trimmer" Operator (Grade Checker required); BULLDOZERS: Tandem bulldozer operator, quad -nine and similar type; D-11; Tandem Bulldozer Operator, Quad -nine and similar type; CONCRETE: Batch Plant and/or Wet Mix Operator, one and two drum; Automatic Concrete Slip Form Paver Operator; Concrete Canal Line Operator; Concrete Profiler, Diamond Head; CRANE: Cableway Operator, 25 tons and over; Crane Operator, over 40 tons and including 100 tons; Crane Operator, over 100 tons and including 200; Tower Crane Operator, over 80 tons and including 150 tons; Whirley Operator - under 90 tons; Lattice Boom Crane - 90 through 199 tons, Boom = 150' through 200'; CRUSHER: Crusher Plant Operator; FLOATING QUIPMENT: Floating Clamshell, etc. Operator, 3cu. yds. and over; Floating Crane (derrick barge) Operator, 30 tons but less than 80 tons; Floating Crane (derrick barge) Operator, 80 ton but less than 150 ton; LOADERS: Loader Operator, 6 cu. yds. but less than 12 cu. yds.; Loader Operator, 12 cu. yds. and over; REMOTE CONTROL: Remote controlled earth - moving equipment (no one operator shall operate more than two pieces of earth -moving equipment at one time); RUBBER -TIRED SCRAPERS: Rubber -tired Scraper Operator, with tandem scrapers, multi -engine; SHOVEL, DRAGLINE, CLAMSHELL, BACKHOE, SKOOPER, OPERATOR: Shovel, etc., 3 cu. yds., but less than 5 cu. yds.; Shovel, etc., 5 cu. yds. and over; TRENCH MACHINE: Wheel Excavator, under 750 cu. yds. per hour (Grade Oiler required); Canal Trimmer (Grade Oiler required); Wheel Excavator, over 750 cu. yds. per hour (two Operators and at least one Grade Oiler required); Band Wagon (in conjunction with wheel excavator); UNDERWATER EQUIPMENT: Underwater Equipment Operator, remote or otherwise, when used in construction work. GROUP 3: CRANES: Lattice Boom Crane - 50 through 89 tons; FORKLIFT: Rock Hound Operator; LOADERS: Loader Operator, 4 cu. yds. but less than 6 cu. yds.; Rubber -tired RUBBER -TIRED SCRAPERS: Scraper Operator, with tandem scrapers; Self -loading, paddle wheel, auger type, finish and/or 2 or more units GROUP 4: ASPHALT: Screed Operator; Asphalt Paver Operator (Screed man required); Diesel -Electric engineer, Plant; Roto- Mill, pavement profiler, operator, under six foot lateral cut; BLADE: Blade Operator, externally controlled by electronic, mechanical hydraulic means; Blade operator, multi -engine; BULLDOZERS: Bulldozer Operator; Drill Cat Operator; Side -boom Operator; Bulldozer Operator, twin engine (TC 12 and similar type, D-10); Cable -Plow Operator (any type); CLEARING: Log Skidders; Chippers; Incinerator; Stump Splitter (loader mounted or similar type); Compactor Operator, with blade; Compactor Operator, multi -engine; CONCRETE: Mixer Mobile Operator; Screed Operator; Concrete Cooling Machine Operator; Concrete Paving Road Mixer; Concrete Breaker; Reinforced Tank Banding Machine (K-17 or similar types); CRANE: Chicago boom and similar types; Lift Slab DAC W67-99-B-0017 WA980001-20 094283 Machine Operator; Boom type lifting device, 5 ton capacity or less; Cherry Picker or similar type crane -hoist, 5 ton capacity or less; Crane Operator, under 25 ton (except for rough terrain), Hoist Operator, two drum; Hoist Operator, three or more drums; Derrick Operator, under 100 ton; Hoist Operator, stiff leg, guy derrick or similar type, 50 ton and over; Cableway Operator, up to twenty-five ton; Crane Operator, over twenty-five ton and including forty ton; Bridge Crane Operator; Locomotive, Gantry, Overhead; Lattice Boom Crane - 25 through 49 tons; CRUSHER: Generator Operator; Diesel -Electric Engineer; Grizzley Operator; DRILLING: Drill Doctor; Boring Machine Operator; Driller - Percussion, Diamond, Core, Cable, Rotary and similar type; Cat Drill (John Henry); FLOATING EQUIPMENT: Diesel-electric Engineer; Jack Operator, elevating barges, Barge Operator, self -unloading; Piledriver Operator (not crane type) (Deckhand required); Floating Clamshelll, etc. Operator, under 3 cu. yds. (Fireman or Diesel -Electric Engineer required); Floating Crane (derrick barge) Operator, less than 30 tons; GENERATORS: Generator Operator; Diesel-electric Engineer required); GUARDRAIL EQUIPMENT: Guardrail Punch Operator (all types); Guardrail auger Operator (all types); Combination Guardrail machines, i.e. punch, auger, etc.; HEATING PLANT: Surface Heater and Planer Operator; HYDRAULIC HOES: Hydraulic Backhoe Operator, Track Type 3/8 cu. yd. takes shovel Classif. rate); LOADERS: Belt Loaders, Kolman and Ko Cal types; Loaders Operator, front end and overhead, 2-1/2 cu. yds. and under 4 cu. yds.; Elevating Loader Operator, Athey and asimilar types; Elevating Grader Operator, operated by Tractor Operator, sierra, Euclid or similar types; PILEDRIVERS: Hammer Operator; Piledriver Operator (not crane type); Pipe Cleaning Machine Operator; Pipe Doping Machine Operator; PIPELINE, SEWER WATER: Pipe Bending Machine Operator; Pipe Wrapping Machine Operator; Boring Machine Operator; Back Filling Machine Operator; REPAIRMEN, HEAVY DUTY: Diesel -Electric Engineer (Plant or Floating); Bolt Treading Machine Operator; Drill Doctor (bit grinder); H.D. Mechanic; H.D. Welder; Machine Tool Operator; Combination H.D. Mechanic -Welder, when dispatched and/or when required to do both; Welder -Certified, when dispatched and/or required; RUBBER -TIRED SCRAPERS: Rubber -tired Scraper Operator, single engine, single scraper; Self -loading, paddle wheel, auger type under 15 cu. yds.; rubber -tired Scraper Operator, twin engine; Rubber -tired Scraper Operator, with push- pull attachments; Self -loading, paddle wheel, auger type 15 cu. yds. and over, single engine; SHOVEL, DRAGLINE, CLAMSHELL, BACKHOE, SKOOPER OPERATOR: Diesel -Electric Engineer; Stationary Drag Scraper Operator; Shovel, Dragline, Clamshell, Hoe, etc., Operator, under 1 cu. yd.; Shovel, etc., 1 cu. yd. and less than 3 cu. yds.; Grade -all Operator, under 1 cu. yd.; Grade -all 1 cu. yd. and over; SURFACING (BASE) MATERIALS: Blade Mounted Spreaders, Ulrich and similar types; TRACTOR -RUBBER TIRED: Tractor Operator, rubber -tired, over 50 H.P. Flywheel; Tractor Operator, with boom attachment; Rubber -tired Dozers and Pushers (Michigan, Cat, Hough type); TRENCHING MACHINE: Trenching Machine Operator, maximum digging capacity over 3 ft. depth (Grade Oiler required); Back Filling Machine Operator; TUNNEL: Mucking Machine Operator; Shield Operator; Boring Machine DACW67-99-B-0017 WA980001-21 094283 Operator GROUP 5: ASPHALT: Extrusion Machine Operator; Roller Operator (any asphalt mix); Asphalt Burner and reconditioner Operator (any type), 84; roto-mill, Pavement Profiler, ground man.; COMPRESSORS: Compressor Operator any power), over 1,250 cu. ft. total capacity; COMPACTORS: Compactor Operator, including vibratory; Wagner Pactor Operator or similar type (without blade); CONCRETE: Combination mixer and Compressor Operator, gunite work; Concrete Batch Plant Quality Control Operator; Beltcrete Operator; Pumperete Operator (any type) Pavement Grinder and/or Grooving Machine Operator (riding type); Cement Pump Operator, Fuller -Kenyon and similar; Concrete Pump Operator; Grouting Machine Operator; Concrete Mixer Operator, single drum, under five bag capacity and over; Cast place pipe laying machine; Maginnis Internal Full Slab Vibrator Operator; Concrete Finishing machine Operator, Clary, Johnson, Bidwell, Burgess bridge deck or similar type; Curb Machine Operator, mechanical Berm, Curb and/or Curb and Gutter; Concrete Joint Machine Operator; Concrete Planer Operator; Tower Mobile Operator; Power Jumbo Operator setting slip forms; Concrete Paving Machine Operator; Concrete Finishing Machine Operator; Concrete Spreader Operator; CRANE: Helicopter Hoist Operator; Hoist Operator, single drum; Elevator Operator; A -frame Truck Operator, Double drum; Boom Truck Operator Hydraulic Boom Truck, Pittman; DRILLING: Churn Drill and earth Boring Machine Operator; FLOATING EQUIPMENT: Fireman; FORKLIFT: Lull Hi -Lift Operator or similar type; Fork Lift, over 5 ton; HYDRAULIC HOES: Hydraulic Backhoe Operator, wheel type 3/8 cu. yd and under with or without front end attachment 2-1/2 cu. yds. and under (Ford, John Deere, Case, Type); LOADERS: Loaders, rubber -tired type, 2-1/2 cu. yds. and under; Elevating Grader Operator, Tractor Towed requiring Operator or Grader; OILERS: Service Oiler (Greaser); PIPELINE, SEWER WATER: Hydra Hammer or similar types; Pavement Breaker Operator; RAILROAD EQUIPMENT: Locomotive Operator, under 40 tons; Ballast Regulator Operator; Ballast Tamper Multi -Purpose Operator; Track Liner Operator; Tie Spacer Operator; Shuttle Car Operator; Locomotive Operator, 40 tons and over; SURFACING (BASE) MATERIAL: Roller Operator, Oiling, C.T.B.; Rock Spreaders self-propelled; Pulva-mixer or similar types; Chip Spreading Machine Operator Lime Spreading Operator, construction job site; SWEEPERS: Sweeper Operator (Wayne Tractor Operator, rubber -tired, 50 H.P. Flywheel and under; TRENCHING: Trench Machine Operator, maximum digging capacity 3 ft. depth GROUP 6: ASPHALT: Plant Oiler; Plant Fireman; Pugmill Operator (any type); Truck mounted asphalt spreader, with screed; BLADE: Blade Operator, pulled type; COMPRESSORS: Compressor Operator (any power), under 1,250 cu. ft. total capacity; CONCRETE: Plant Oiler, Assistant Conveyor Operator; Conveyor Operator; Mixer Box Operator (C.T.B., dry batch, etc.); Cement Hog Operator; Concrete Saw Operator; Concrete Curing Machine Operator (riding type); Wire Mat or Brooming Machine Operator; CRANE: Oiler; Truck Crane DAC W67-99-B-0017 WA980001-22 094283 Oiler -Driver, 25 tons capacity or over; Fireman, all equipment; A -frame Truck Operator, single drum; Tugger or Coffin Type Hoist Operator; CRUSHER: Crusher Oiler; Crusher Feederman; DRILLING: Drill Tender; Auger Oiler; FLOATING EQUIPMENT: Deckhand; Boatman; FORKLIFT: Self-propelled Scaffolding Operator, construction job site (excluding working platform); Fork Lift or Lumber Stacker Operator, construction job site; GUARDRAIL EQUIPMENT: Oiler, auger Oiler; Oiler, combination guardrail machines; Guardrail Punch Oiler; HEATING PLANT: Temporary Heating Plant Operator; LOADERS: Bucket Elevator Loader Operator, Barber -Greene and similar types; Bobcat, Skid Steer - Under 1 yd; OILERS: Oiler; Guardrail Punch Oiler; Truck Crane Oiler -Driver, 25 ton or over; Auger Oiler; Grade Oiler, required to check grade; Grade Checker; Tar Pot Fireman; PIPELINE SEWER WATER: Tar Pot Fireman (power agitated); Hydraulic Pipe Press Operator; PUMPS: Pump Operator, under 4"; Pump Operator (any power), 4" and over; Hydrostatic Pump Operator; RAILROAD EQUIPMENT: Brakeman; Oiler; Switchman; Motorman; Ballast Jack Tamper Operator; REPAIRMAN HEAVY DUTY: Parts Man (Tool Room); SHOVEL, DRAGLINE, CLAMSHELL, BACKHOE, SKOOPER OPERATORS: Oiler; Grade Oiler (required to check grade); Grade Checker; Fireman; Signalman; Bell Boy, phones, etc., Operator; Helicopter Radioman (ground); SURFACING (BASE) MATERIAL: Roller Operator, grading of base rock (not asphalt); Tamping Machine Operator, mechanical, self-propelled; Hydrographic Seeder Machine Operator, staw, pulp or seed; SWEEPERS: Broom Operator, self-propelled, construction job site; TRENCHING: Oiler; Grade Oiler (required to check grade); TUNNEL: Conveyor Operator (any type); air Filtration Equipment Operator; Motormen (dinkey); Oiler; WELDING MACHINES: Welding Machine Operator FOOTNOTE A: HANDLING OF HAZARDOUS WASTE MATERIALS: Personnel in all craft classifications subject to working inside a federally designated hazardous perimeter shall be eligible for compensation in accordance with the following group schedule relative to the level of hazardous waste as outline in the specific hazardous waste project site safety plan. H-1 Base wage rate when on a hazardous waste site when not outfitted with protective clothing. H-2 Class "C" Suit - Basic hourly wage rate plus $1.00 per hour, fringes plus $0.15. H-3 Class "B" Suit - Basic hourly wage rate plus $1.50 per hour, fringes plus $0.15. H-4 Class "A" Suit - Basic hourly wage rate plus $2.00 per hour, fringes plus $0.15. ENGI0701E 06/01/1998 Rates Fringes CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES DAC W67-99-B-0017 WA980001-23 094283 DREDGING: ZONE A LEVERMAN, HYDRAULIC 27.45 7.25 LEVERMAN, DIPPER, FLOATING CLAMSHELL 27.45 7.25 ASSISTANT ENGINEER 26.62 7.25 TENDERMAN 26.01 7.25 ASSISTANT MATE 23.78 7.25 ZONE B LEVERMAN, HYDRAULIC 29.45 7.25 LEVERMAN, DIPPER, FLOATING CLAMSHELL 29.45 7.25 ASSISTANT ENGINEER 28.62 7.25 TENDERMAN 28.01 7.25 ASSISTANT MATE 25.78 7.25 ZONE C LEVERMAN, HYDRAULIC 30.45 7.25 LEVERMAN, DIPPER, FLOATING CLAMSHELL 30.45 7.25 ASSISTANT ENGINEER 29.62 7.25 TENDERMAN 29.01 7.25 ASSISTANT MATE 26.78 7.25 ZONE DESCRIPTION FOR DREDGING: ZONE A - All jobs or projects located within 30 road miles of Portland City Hall. ZONE B - Over 30-50 road miles from Portland City Hall. ZONE C - Over 50 road miles from Portland City Hall. *All jobs or projects shall be computed from the city hall by the shortest route to the geographical center of the project. ---------------------------------------------------------------- IRON0014F 07/01/1998 Rates Fringes ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND ORIELLE, SPOKANE, STEVENS, WALLA WALLA AND WHITMAN COUNTIES IRONWORKERS 22.10 10.17 ---------------------------------------------------------------- DAC W67-99-B-0017 WA980001-24 094283 * IRON0029I 07/01/1998 Rates Fringes CLARK, CLALLAM, CHELAN, COWLITZ, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITTITAS, KLICKITAT, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SKAGIT, SKAMANIA, SNOHOMISH, THURSTON, WAHKAIKUM, WHATCOM AND YAKI14A COUNTIES IRONWORKERS 22.90 10.17 ---------------------------------------------------------------- LABOOOOID 06/01/1998 Rates Fringes CHELAN, DOUGLAS (WEST OF THE 120TH MERIDIAN), KITTITAS AND YAKIMA COUNTIES LABORERS: ZONE 1: GROUP 1 13.44 5.19 GROUP 2 15.76 5.19 GROUP 3 17.48 5.19 GROUP 4 17.96 5.19 GROUP 5 18.32 5.19 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $ .70 ZONE 3 - $1.00 BASE POINTS: CHELAN, SUNNYSIDE, WENATCHEE, AND YAKIMA ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall CALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (NORTH OF STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES LABORERS: ZONE 1: GROUP 1 14.36 5.19 GROUP 2 16.68 5.19 GROUP 3 21.36 5.19 DACW67-99-B-0017 WA980001-25 094283 GROUP 4 21.84 5.19 GROUP 5 22.20 5.19 ZONE DIFFERENTIAL (ADD TO ZONE 1 RATES): ZONE 2 - $ .70 ZONE 3 - $1.00 BASE POINTS: BELLINGHAM, MT. VERNON, EVERETT, SEATTLE, KENT, TACOMA, OLYMPIA, CENTRALIA, ABERDEEN, SHELTON, PT. TOWNSEND, PT. ANGELES, AND BREMERTON ZONE 1 - Projects within 25 radius miles of the respective city hall ZONE 2 - More than 25 but less than 45 radius miles from the respective city hall ZONE 3 - More than 45 radius miles from the respective city hall LABORERS CLASSIFICATIONS GROUP 1: Landscaping and Planting; Watchman; Window Washer/Cleaner (detail clean-up, such as but not limited to cleaning floors, ceilings, walls, windows, etc., prior to final acceptance by the owner) GROUP 2: Batch Weighman: Crusher Feeder; Fence Laborer; Flagman; Pilot Car GROUP 3: General Laborer; Air, Gas, or Electric Vibrating Screed; Asbestos Abatement Laborer; Ballast Regulator Machine; Brush Cutter; Brush Hog Feeder; Burner; Carpenter Tender; Cement Finisher Tender; Change House or Dry Shack; Chipping Gun (under 30 lbs.); Choker Setter; Chuck Tender; Clean-up Laborer; Concrete Form Stripper; Curing Laborer; Demolition (wrecking and moving including charred material); Ditch Digger; Dump Person; Fine Graders; Firewatch; Form Setter; Gabian Basket Builders; Grout Machine Tender; Grinders; Guardrail Erector; Hazardous Waste Worker (Level C); Maintenance Person; Material Yard Person; Pot Tender; Rip Rap Person; Riggers; Scale Person; Sloper Sprayer; Signal Person; Stock Piler; Stake Hopper; Toolroom Man (at job site); Topper-Tailer; Track Laborer; Truck Spotter; Vinyl Seamer GROUP 4: Cement Dumper -Paving; Chipping Gun (over 30 lbs.); Clary Power Spreader; Concrete Dumper/Chute Operator; Concrete Saw Operator; Drill Operator (hydraulic, diamond, aiartrac); Faller and Bucker Chain Saw; Grade Checker and Transit Person; Groutmen (pressure) including post tension beams; Hazardous Waste DAC W67-99-B-0017 WA980001-26 094283 Worker (Level B); High Scaler; Jackhammer; Laserbeam Operator; Manhole Builder-Mudman; Mortarman and Hodcarrier; Nozzleman (concrete pump, green cutter when using combination of high pressure air and water on concrete and rock, sandblast, gunite, shotcrete, water blaster, vacuum blaster); Pavement Breaker; Pipe Layer and Caulker; Pipe Pot Tender; Pipe Reliner (not insert type); Pipe Wrapper; Power Jacks; Railroad Spike Puller -Power; Raker -Asphalt; Rivet Buster; Rodder; Sloper (over 20'); Spreader (concrete); Tamper and Similar electric, air and glas operated tool; Timber Person -sewer (lagger shorer and cribber); Track Liner Power; Tugger Operator; Vibrator; Well Point Laborer GROUP 5: Caisson Worker; Miner; Powderman; Re-Timberman; Hazardous Waste Worker (Level A). ---------------------------------------------------------------- LAB00238E 06/01/1998 Rates Fringes ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS (EAST OF THE 120TH MERIDIAN), FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE, STEVENS, SPOKANE, WALLA WALLA AND WHITMAN COUNTIES LABORERS: ZONE 1: GROUP 1 17.01 4.39 GROUP 2 19.05 4.39 GROUP 3 19.31 4.39 GROUP 4 19.57 4.39 GROUP 5 19.84 4.39 GROUP 6 21.17 4.39 Zone Differential (Add to Zone 1 rate): $2.00 BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office. Zone 2: 45 radius miles and over from the main post office. LABORERS CLASSIFICATIONS GROUP 1: Flagman; Landscape Laborer; Scaleman; Traffic Control Maintenance Laborer (to include erection and maintenance of barricades, signs and relief of flagperson); Window DAC W67-99-B-0017 WA980001-27 094283 Washer/Cleaner (detail cleanup, such as, but not limited to cleaning floors, ceilings, walls, windows, etc. prior to final acceptance by the owner) GROUP 2: Asbestos Abatement Worker; Brush Hog Feeder; Carpenter Tender; Cement Handler; Clean-up Laborer; Concrete Crewman (to include stripping of forms, hand operating jacks on slip form construction, application of concrete curing compounds, pumperete machine, signaling, handling the nozzle of squeezcrete or similar machine,6 inches and smaller); Confined Space Attendant; Concrete Signalman; Crusher Feeder; Demolition (to include clean-up, burning, loading, wrecking and salvage of all material); Dumpman; Fence Erector; Firewatch; Form Cleaning Machine Feeder, Stacker; General Laborer; Grout Machine Header Tender; Guard Rail (to include guard rails, guide and reference posts, sign posts, and right-of-way markers); Hazardous Waste Worker, Level D (no respirator is used and skin protection is minimal); Miner, Class "A" (to include all bull gang, concrete crewman, dumpman and pumperete crewman, including distributing pipe, assembly & dismantle, and nipper); Nipper; Riprap Man; Sandblast Tailhoseman; Scaffold Erector (wood or steel); Stake Jumper; Structural Mover (to include separating foundation, preparation, cribbing, shoring, jacking and unloading of structures); Tailhoseman (water nozzle); Timber Bucker and Faller (by hand); Track Laborer (RR); Truck Loader; Well -Point Man; All Other Work Classifications Not Specially Listed Shall Be Classified As General Laborer GROUP 3: Aspahlt Raker; Asphalt Roller, walking; Cement Finisher Tender; Concrete Saw, walking; Demolition Torch; Dope Pot Firemen, non -mechanical; Driller Tender (when required to move and position machine); Form Setter, Paving; Grade Checker using level; Hazardous Waste Worker, Level C (uses a chemical "splash suit" and air purifying respirator); Jackhammer Operator; Miner, Class "B" (to include brakeman, finisher, vibrator, form setter); Nozzleman (to include squeeze and flo-crete nozzle); Nozzleman, water, air or steam; Pavement Breaker (under 90 lbs.); Pipelayer, corrugated metal culvert; Pipelayer, multi - plate; Pot Tender; Power Buggy Operator; Power Tool Operator, gas, electric, pneumatic; Railroad Equipment, power driven, except dual mobile power spiker or puller; Railroad Power Spiker or Puller, dual mobile; Rodder and Spreader; Tamper (to include operation of Barco, Essex and similar tampers)• Trencher, Shawnee; Tugger Operator; Wagon Drills; Water Pipe Liner; Wheelbarrow (power driven) GROUP 4: Air and Hydraulic Track Drill; Brush Machine (to include horizontal construction joint cleanup brush machine, power propelled); Caisson Worker, free air; Chain Saw Operator and Faller; Concrete Stack (to include laborers when laborers working on free standing concrete stacks for smoke or fume control above 40 feet high); Gunite (to include operation DACW67-99-B-0017 WA980001-28 094283 of machine and nozzle); Hazardous Waste Worker, Level B (uses same respirator protection as Level A. A supplied air line is provided in conjunction with a chemical "splash suit"); High Scaler; Laser Beam Operator (to include grade checker and elevation control); Miner, Class C (to include miner, nozzleman for concrete, laser beam operator and rigger on tunnels); Monitor Operator (air track or similar mounting); Mortar Mixer; Nozzleman (to include jet blasting nozzleman, over 1,200 lbs., jet blast machine power propelled, sandblast nozzle); Pavement Breaker (90 lbs. and over); Pipelayer (to include working topman, caulker, collarman, jointer, mortarman, rigger, j acker, shorer, valve or meter installer); Pipewrapper; Plasterer Tender; Vibrators (all) GROUP 5 - Drills with Dual Masts; Hazardous Waste Worker, Level A (utilizes a fully encapsulated suit with a self-contained breathing apparatus or a supplied air line); Miner Class "D", (to include raise and shaft miner, laser beam operator on riases and shafts) GROUP 6 - Powderman LAB00238G 06/01/1998 Rates Fringes COUNTIES EAST OF THE 120TH MERIDIAN: ADAMS, ASOTIN, BENTON, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, LINCOLN, OKANOGAN, PEND OREILLE, STEVENS, SPOKANE, WALLA WALLA, WHITMAN f (IIZK:IiIa � ' .l LAB00335A 06/01/1998 19.71 4.39 Rates Fringes CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH OF A STRAIGHT LINE MADE BY EXTENDING THE NORTH BOUNDARY LINE OF WAHKIAKUM COUNTY WEST TO THE PACIFIC OCEAN), SKAMANIA AND WAHKIAKUM COUNTIES ZONE 1: LABORERS: GROUP 1 GROUP 2 GROUP 3 GROUP 4 GROUP 5 GROUP 6 GROUP 7 Zone Differential (Add Zone 2 $ 0.65 Zone 3 - 1.15 20.47 6.14 20.87 6.14 21.21 6.14 21.49 6.14 18.73 6.14 16.63 6.14 14.18 6.14 to Zone 1 rates): DACW67-99-B-0017 WA980001-29 094283 Zone 4 - 1.70 Zone 5 - 2.75 BASE POINTS: GOLDENDALE, LONGVIEW, AND VANCOUVER ZONE 1: Projects within 30 miles of the respective city all. ZONE 2: More than 30 miles respective city hall. ZONE 3: More than 40 miles respective city hall. ZONE 4: More than 50 miles respective city hall. ZONE 5: More than 80 miles but less than 40 miles from the but less than 50 miles from the but less than 80 miles from the from the respective city hall. LABORERS CLASSIFICATIONS GROUP 1: Asphalt Plant Laborers; Asphalt Spreaders; Batch Weighman; Broomers; Brush Burners and Cutters; Car and Truck Loaders; Carpenter Tender; Change -House Man or Dry Shack Man; Choker Setter; Clean-up Laborers; Curing, Concrete; Demolition, Wrecking and Moving Laborers; Dumpers, road oiling crew; Dumpmen (for grading crew); Elevator Feeders; Guard Rail, Median Rail Reference Post, Guide Post, Right of Way Marker; Fine Graders; Fire Watch; Form Strippers (not swinging stages); General Laborers; Hazardous Waste Worker; Leverman or Aggregate Spreader (Flaherty and similar types); Loading Spotters; Material Yard Man (including electrical); Pittsburgh Chipper Operator or Similar Types; Railroad Track Laborers; Ribbon Setters (including steel forms); Rip Rap Man (hand placed); Road Pump Tender; Sewer Labor; Signalman; Skipman; Slopers; Spraymen; Stake Chaser; Stockpiler; Tie Back Shoring; Timber Faller and Bucker (hand labor); Toolroom Man (at job site); Tunnel Bullgang (above ground); Weight -Man - Crusher (aggregate when used) GROUP 2: Applicator (including pot power tender for same), applying protective material by hand or nozzle on utility lines or storage tanks on project; Brush Cutters (power saw); Burners; Choker Splicer; Clary Power Spreader and similar types; Clean- up Nozzleman-Green Cutter (concrete, rock, etc.); Concrete Power Buggyman; Concrete Laborer; Crusher Feeder; Demolition and Wrecking Charred Materials; Gunite Nozzleman Tender; Gunite or Sand Blasting Pot Tender; Handlers or Mixers of all Materials of an irritating nature (including cement and lime); Tool Operators (includes but not limited to: Dry Pack Machine; Jackhammer; Chipping Guns; Paving Breakers); Pipe Doping and Wrapping; Post Hole Digger, air, gas or electric; Vibrating Screed; Tampers; Sand Blasting (Wet); Stake -Setter; Tunnel-Muckers, Brakemen, Concrete Crew, Bullgang (underground) DACW67-99-B-0017 WA980001-30 094283 GROUP 3: Asbestos Removal; Bit Grinder; Drill Doctor; Drill Operators, air tracks, cat drills, wagon drills, rubber -mounted drills, and other similar types including at crusher plants; Gunite Nozzleman; High Scalers, Strippers and Drillers (covers work in swinging stages, chairs or belts, under extreme conditions unusual to normal drilling, blasting, barring -down, or sloping and stripping); Manhole Builder; Powdermen; Concrete Saw Operator; Pwdermen; Power Saw Operators (Bucking and Falling); Pumperete Nozzlemen; Sand Blasting (Dry); Sewer Timberman; Track Liners, Anchor Machines, Ballast Regulators, Multiple Tampers, Power Jacks, Tugger Operator; Tunnel -Chuck Tenders, Nippers and Timbermen; Vibrator; Water Blaster GROUP 4: Asphalt Raker; Concrete Saw Operator (walls); Concrete Nozzelman; Grade Checker; Pipelayer; Laser Beam (pipelaying)-applicable when employee assigned to move, set up, align; Laser Beam; Tunnel Miners; Motorman -Dinky Locomotive -Tunnel; Powderman-Tunnel; Shield Operator -Tunnel GROUP 5: Traffic Flaggers GROUP 6: Fence Builders GROUP 7: Landscaping or Planting Laborers PAIN0005B 07/01/1991 STATEWIDE EXCEPT CLARK, COWLITZ, SKAMANIA, AND WAHKIAKUM COUNTIES STRIPERS Rates Fringes KLICKITAT, PACIFIC (SOUTH), 18.14 2.47 PAIN0005D 03/01/1998 Rates Fringes CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC, PIERCE, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES PAINTERS 21.11 3.52 PAIN0054D 07/01/1998 Rates Fringes ADAMS, ASOTIN; BENTON AND FRANKLIN (EXCEPT HANFORD SITE); CHELAN, COLUMBIA, DOUGLAS, FERRY, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, DACW67-99-B-0017 WA980001-31 094283 WHITMAN AND YAKIMA COUNTIES PAINTERS*: Brush, Roller, Striping, Steam -cleaning and Spray 18.80 3.67 Application of Cold Tar Products, Epoxies, Polyure thanes, Acids, Radiation Resistant Material, Water and Sandblasting, Bridges, Towers, Tanks, Stacks, Steeples 19.65 3.67 TV Radio, Electrical Transmission Towers 20.39 3.67 Lead Abatement, Asbestos Abatement 18.80 3.67 *$.70 shall be paid over and above the basic wage rates listed for work on swing stages and high work of over 30 feet. ---------------------------------------------------------------- PAIN0055C 11/01/1997 Rates Fringes CLARK, COWLITZ, KLICKITAT, SKAMANIA. AND WAHKIAKUM COUNTIES INDUSTRIAL - ANY INDUSTRIAL FACILITY, MANUFACTURING PLANTS, PROCESS PLANTS, FACTORIES, PAPER MILLS AND ALUMINUM PLANTS PAINTERS: Brush & Roller 16.68 3.25 Spray and Sandblasting 17.28 3.25 High work - All work 60 ft. or higher 17.18 3.25 ---------------------------------------------------------------- PAIN0055L 10/01/1993 Rates Fringes CLARK, COWLITZ, KLICKITAT, SKAMANIA and WAHKIAKUM COUNTIES PAINTERS: Highway and Parking Lot 18.14 2.37 ---------------------------------------------------------------- PLAS0072E 06/01/1998 Rates Fringes ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT, KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, WHITMAN, AND DACW67-99-B-0017 WA980001-32 094283 YAKIMA COUNTIES ZONE 1: CEMENT MASONS 21.04 5.14 Zone Differential (Add to Zone 1 rate): Zone 2 - $2.00 BASE POINTS: Spokane, Pasco, Moses Lake, Lewiston Zone 1: 0 - 45 radius miles from the main post office Zone 2: Over 45 radius miles from the main post office ---------------------------------------------------------------- PLAS0528A 06/01/1998 Rates Fringes CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (NORTH), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON, AND WHATCOM COUNTIES CEMENT MASON 23.80 7.89 COMPOSITION, COLOR MASTIC, TROWEL MACHINE, GRINDER, POWER TOOLS, GUNNITE NOZZLE 24.05 7.89 ---------------------------------------------------------------- PLAS0555B 06/01/1998 Rates Fringes CLARK, COWLITZ, KLICKITAT, PACIFIC (SOUTH), SKAMANIA, AND WAHKIAKUM COUNTIES ZONE 1: CEMENT MASONS 22.81 7.00 COMPOSITION WORKERS AND POWER MACHINERY OPERATORS 23.22 7.00 CEMENT MASONS ON SUSPENDED, SWINGING AND/OR HANGING SCAFFOLD 23.22 7.00 CEMENT MASONS DOING BOTH COMPOSITION/POWER MACHINERY AND SUSPENDED/HANGING SCAFFOLD 23.64 7.00 Zone Differential (Add To Zone 1 Rates): Zone 2 - $0.65 Zone 3 - 1.15 DACW67-99-B-0017 WA980001-33 094283 Zone 4 - 1.70 Zone 5 - 2.75 BASE POINTS: BEND, CORVALLIS, EUGENE, LONGVIEW, MEDFORD, PORTLAND, SALEM, THE DALLES, VANCOUVER ZONE 1: Projects within 30 miles of the respective city hall ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall ---------------------------------------------------------------- PLUM0032B 06/01/1998 Rates Fringes CLALLAM, KING AND JEFFERSON COUNTIES PLUMBERS AND PIPEFITTERS 29.48 10.08 ----------------------------------------------------------------- PLUM0032D 06/01/1998 Rates Fringes CHELAN, KITTITAS (NORTHERN TIP), DOUGLAS (NORTH). AND OKANOGAN (NORTH) COUNTIES PLUMBERS AND PIPEFITTERS 23.47 8.67 ---------------------------------------------------------------- PLUM0040B 06/01/1996 Rates Fringes WHATCOM COUNTY PLUMBERS AND STEAMFITTERS Plumbing projects over $3,000,000 27.04 7.81 Plumbing projects $3,000,000 and under 24.98 7.81 ---------------------------------------------------------------- PLUM0044C 06/01/1998 Rates Fringes ADAMS (NORTHERN PART), ASOTIN (CLARKSTON ONLY), FERRY (EASTERN PART), LINCOLN (EASTERN PART), PEND ORIELLE, STEVENS, SPOKANE, DACW67-99-B-0017 WA980001-34 094283 AND WHITMAN COUNTIES PLUMBERS AND PIPEFITTERS 26.81 8.34 ---------------------------------------------------------------- PLUM0082A 06/01/1997 Rates Fringes GRAYS HARBOR, LEWIS, MASON (EXCLUDING NE SECTION), AND PACIFIC PIERCE AND THURSTON COUNTIES PLUMBERS AND PIPEFITTERS 25.72 9.00 CLARK (NORTHERN TIP INCLUDING WOODLAND), COWLITZ, SKAMANIA AND WAHKIAKUM COUNTIES PLUMBERS AND PIPEFITTERS 24.79 9.00 ---------------------------------------------------------------- PLUM0265C 06/01/1997 Rates Fringes ISLAND, SKAGIT, SNOHOMISH, AND SAN JUAN COUNTIES PLUMBERS AND PIPEFITTERS 28.14 9.39 PLUM0290K 10/01/1998 Rates Fringes CLARK (ALL EXCLUDING NORTHERN TIP INCLUDING CITY OF WOODLAND) PLUMBERS AND PIPEFITTERS 27.72 8.90 ---------------------------------------------------------------- PLUM0598E 06/01/1998 Rates Fringes ADAMS (SOUTHERN PART), ASOTIN (EXCLUDING THE CITY OF CLARKSTON), BENTON, COLUMBIA, DOUGLAS (EASTERN HALF), FERRY (WESTERN PART), FRANKLIN, GARFIELD, GRANT, KITTITAS (ALL BUT NORTHERN TIP), KLICKITAT, LINCOLN (WESTERN PART), OKANOGAN (EASTERN), WALLA WALLA AND YAKIMA COUNTIES PLUMBERS 27.80 9.60 ---------------------------------------------------------------- DAC W 67-99-B-0017 WA980001-35 094283 PLUM0631A 06/01/1997 Rates Fringes MASON (NE SECTION), AND KITSAP COUNTIES PLUMBERS/PIPEFITTERS: All new construction, additions, and remodeling of commercial building projects such as: cocktail lounges and taverns, professional buildings, medical clinics, retail stores, hotels and motels, restaurants and fast food types, gasoline service stations, and car washes where the plumbing and mechanical cost of the project is less than $100,000 14.55 7.98 All other work where the plumbing and mechanical cost of the project is $100,000 and over 20.78 12.28 ---------------------------------------------------------------- TEAN10037C 06/01/1998 Rates Fringes CLARK, COWLITZ, KLICKITAT, PACIFIC (South of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), SKAMANIA, AND WAHKIAKUM COUNTIES TRUCK DRIVERS ZONE 1: GROUP 1 21.97 7.02 GROUP 2 22.09 7.02 GROUP 3 22.22 7.02 GROUP 4 22.47 7.02 GROUP 5 22.69 7.02 GROUP 6 22.84 7.02 GROUP 7 23.04 7.02 Zone Differential (Add to Zone 1 Rates): Zone 2 - $0.65 Zone 3 - 1.15 Zone 4 - 1.70 Zone 5 - 2.75 BASE POINTS: ASTORIA, THE DALLES, LONGVIEW AND VANCOUVER DACW67-99-B-0017 WA980001-36 094283 ZONE 1: Projects within 30 miles of the respective city hall. ZONE 2: More than 30 miles but less than 40 miles from the respective city hall. ZONE 3: More than 40 miles but less than 50 miles from the respective city hall. ZONE 4: More than 50 miles but less than 80 miles from the respective city hall. ZONE 5: More than 80 miles from the respective city hall. TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Battery Rebuilders; Bus or Manhaul Driver; Concrete Buggies (power operated); Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations there of: up to and including 10 cu. yds., Lift Jitneys, Fork Lifts (all sizes in loading, unloading and transporting material on job site); Loader and/or Leverman on Concrete Dry Batch Plant (manually operated); Pilot Car; Solo Flat Bed and misc. Body Trucks, 0 - 10 tons; Truck Tender; Truck Mechanic Tender; Water Wagons (rated capacity) up to 3,000 gallons; Transit Mix and Wet or Dry Mix - 5 cu. yds. and under. "A" Frame or Hydra -lift Truck with load bearing surface; Lubrication Man, Fuel Truck Driver, Tireman, Wash Rack, Steam Cleaner or combinations; Team Driver; Slurry Truck Driver or Leverman; Tireman GROUP 2: Flaherty Spreader Driver or Leverman; Lowbed Equipment, Flat Bed Semi -trailer, Truck and Trailers or doubles transporting equipment or wet or dry materials; Lumber Carrier Driver - Straddle Carrier (used in loading, unloading and transporting of materials on job site); Oil Distributor Driver or Leverman; Water Wagons (rated capacity) over 3,000 to 5,000 gallons; Dumpsters or similar equipment, all sizes; Transit Mix and Wet or Dry Trucks, over 5 cu. yds, and including 7 cu. yds GROUP 3: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 10 cu. yds. and including 30 cu. yds.; Transit Mix and Wet or Dry Mix Trucks, over 7 cu. yds. and including 11 cu. yds.; Truck Mechanic -Welder - Body Repairman; Water Wagons (rated capacity) over 5,000 to 10,000 gallons GROUP 4: Dump Trucks, side, end and bottom cumps, including Semi -Trucks and Trains or combinations thereof: over 30 cu. yds. and including 50 cu. yds.; Transit Mix and Wet or Dry Mix Trucks, over 11 cu. yds. and including 15 cu. yds.; Water Wagon (rated capacity) over 10,000 gallons to 15,000 gallons GROUP 5: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 50 cu. yds. and including 60 cu. yds. DAC W 67-99-B-0017 WA980001-3 7 094283 GROUP 6: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains of combinations thereof: over 60 cu. yds. and including 80 cu. yds. GROUP 7: Dump Trucks, side, end and bottom dumps, including Semi Trucks and Trains or combinations thereof: over 80 cu. yds. and including 100 cu. yds. ---------------------------------------------------------------- TEAM0174A 06/01/1998 Rates Fringes CLALLAM, GRAYS HARBOR, ISLAND, JEFFERSON, KING, KITSAP, LEWIS, MASON, PACIFIC (North of a straight line made by extending the north boundary line of Wahkiakum County west to the Pacific Ocean), PIERCE, SAN JUAN, SKAGIT, SNOHOMISH, THURSTON AND WHATCOM COUNTIES TRUCK DRIVERS; GROUP 1: 22.45 7.75 GROUP 2: 21.87 7.75 GROUP 3: 19.93 7.75 GROUP 4: 16.30 7.75 GROUP 5: 21.62 7.75 TRUCK DRIVERS CLASSIFICATIONS GROUP 1 -"A-frame or Hydralift" trucks and Boom trucks or similar equipment when "A" frame or "Hydralift" and Boom truck or similar equipment is used; Buggymobile; Bulk Cement Tanker; Dumpsters and similar equipment, Tournorockers, Tournowagon, Tournotrailer, Cat DW series, Terra Cobra, Le Tourneau, Westinghouse, Athye Wagon, Euclid Two and Four -Wheeled power tractor with trailer and similar top -loaded equipment transporting material: Dump Trucks, side, end and bottom dump, including semi -trucks and trains or combinations thereof with 16 yards to 30 yards capacity: Over 30 yards $.15 per hour additional for each 10 yard increment; Explosive Truck (field mix) and similar equipment; Hyster Operators (handling bulk loose aggregates); Lowbed and Heavy Duty Trailer; Road Oil Distributor Driver; Spreader, Flaherty Transit mix used exclusively in heavy construction; Water Wagon and Tank Truck-3,000 gallons and over capacity GROUP 2 - Bulllifts, or similar equipment used in loading or unloading trucks, transporting materials on job site; Dumpsters, and similar equipment, Tournorockers, Tournowagon, Turnotrailer, Cat. D.W. Series, Terra Cobra, Le Tourneau, Westinghouse, Athye wagon, Euclid two and four -wheeled power tractor with trailer and similar top -loaded equipment transporting material: Dump trucks, side, end and bottom dump, including semi -trucks and trains or DACW67-99-B-0017 WA980001-38 094283 combinations thereof with less than 16 yards capacity; Flatbed (Dual Rear Axle); Grease Truck, Fuel Truck, Greaser, Battery Service Man and/or Tire Service Man; Leverman and loader at bunkers and batch plants; Oil tank transport; Scissor truck; Slurry Truck; Sno-Go and similar equipment; Swampers; Straddler Carrier (Ross, Hyster) and similar equipment; Team Driver; Tractor (small, rubber-tired)(when used within Teamster jurisdiction); Vacuum truck; Water Wagon and Tank trucks -less than 3,000 gallons capacity; Winch Truck; Wrecker, Tow truck and similar equipment GROUP 3 - Flatbed (single rear axle); Pickup Sweeper; Pickup Truck. (Adjust Group 3 upward by $2.00 per hour for onsite work only) GROUP 4 - Escort or Pilot Car GROUP 5 - Mechanic HAZMAT PROJECTS Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in addition to the classification working in as follows: LEVEL C: +$.25 per hour - This level uses an air purifying respirator or additional protective clothing. LEVEL B: +$.50 per hour - Uses same respirator protection as Level A. Supplied air line is provided in conjunction with a chemical "splash suit." LEVEL A: +$.75 per hour - This level utilizes a fully - encapsulated suit with a self-contained breathing apparatus or a supplied air line. ZONE DIFFERENTIALS Zone pay will be calculated from the city center of the following listed cities: BELLINGHAM CENTRALIA RAYMOND OLYMPIA EVERETT SHELTON ANACORTES BELLEVUE SEATTLE PORT ANGELES MT. VERNON KENT TACOMA PORT TOWNSEND ABERDEEN BREMERTON TRAVEL - Zone A - 0 - 25 miles - Free Zone Zone B - 25 - 45 miles - $ .70 per hour. Zone C - Over 45 miles - $1.00 per hour. ---------------------------------------------------------------- DAC W67-99-B-0017 WA980001-39 094283 TEAM0760C 06/01/1998 Rates Fringes COUNTIES FROM THE TOP OF THE CASCADE MOUNTAIN RANGE EAST: ADAMS, ASOTIN, BENTON, CHELAN, COLUMBIA, DOUGLAS, FERRY, FRANKLIN, GARFIELD, GRANT KITTITAS, LINCOLN, OKANOGAN, PEND OREILLE, SPOKANE, STEVENS, WALLA WALLA, AND WHITMAN COUNTIES TRUCK DRIVERS (ANYONE WORKING ON HAZMAT JOBS SEE FOOTNOTE A BELOW) ZONE 1: (INCLUDES ALL OF YAKIMA COUNTY) GROUP 1 17.11 7.06 GROUP 2 19.70 7.06 GROUP 3 19.81 7.06 GROUP 4 20.12 7.06 GROUP 5 20.22 7.06 GROUP 6 20.39 7.06 GROUP 7 20.90 7.06 GROUP 8 21.22 7.06 Zone Differential (Add to Zone 1 rate: Zone 2 - $2.00) BASE POINTS: Spokane, Moses Lake, Pasco, Lewiston Zone 1: 0-45 radius miles from the main post office. Zone 2: 45 radius miles and over from the main post office TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Escort Driver or Pilot Car; Employee Haul; Power Boat Hauling Employees or Material GROUP 2: Fish Truck; Flat Bed Truck; Fork Lift (3000 lbs. and under); Leverperson (loading trucks at bunkers); Trailer Mounted Hydro Seeder and Mulcher; Seeder & Mulcher; Stationary Fuel Operator; Tractor (small, rubber -tired, pulling trailer or similar equipment) GROUP 3: Auto Crane (2000 lbs. capacity); Buggy Mobile & Similar; Bulk Cement Tanks & Spreader; Dumptor (6 yds. & under); Flat Bed Truck with Hydraullic System; Fork Lift (3001-16,000 lbs.); Fuel Truck Driver, Steamcleaner & Washer; Power Operated Sweeper; Rubber -tired Tunnel Jumbo; Scissors Truck; Slurry Truck Driver; Straddle Carrier (Ross, Hyster, & similar); Tireperson; DAC W67-99-B-0017 WA980001-40 094283 Transit Mixers & Truck Hauling Concrete (3 yd. to & including 6 yds.); Trucks, side, end, bottom & articulated end dump (3 yards to and including 6 yds.); Warehouseperson (to include shipping & receiving); Wrecker & Tow Truck GROUP 4: A -Frame; Burner, Cutter, & Welder; Service Greaser; Trucks, side, end, bottom & articulated end dump (over 6 yards to and including 12 yds.); Truck Mounted Hydro Seeder; Warehouseperson; Water Tank truck (0-8,000 gallons) GROUP 5: Dumptor (over 6 yds.); Lowboy (50 tons & under); Self - loading Roll Off; Semi -Truck & Trailer; Tractor with Steer Trailer; Transit Mixers and Trucks Hauling Concrete (over 6 yds. to and including 10 yds.); Trucks, side, end, bottom and end dump (over 12 yds. to & including 20 yds.); Truck -Mounted Crane (with load bearing surface either mounted or pulled, up to 14 ton); Vacuum Truck (super sucker, guzzler, etc.) GROUP 6: Flaherty Spreader Box Driver; Flowboys; Fork Lift (over 16,000 lbs.); Dumps (Semi -end); Mechanic (Field); Semi - end Dumps; Transfer Truck & Trailer; Transit Mixers & Trucks Hauling Concrete (over 10 yds. to & including 20 yds.); Trucks, side, end, bottom and articulated end dump (over 20 yds. to & including 40 yds.); Truck and Pup; Tournarocker, DW's & similar with 2 or more 4 wheel -power tractor with trailer, gallonage or yardage scale, whichever is greater Water Tank Truck (8,001- 14,000 gallons) GROUP 7: Oil Distributor Driver; Stringer Truck (cable oeprated trailer); Transit Mixers & Trucks Hauling Concrete (over 20 yds.); Truck, side, end, bottom end dump (over 40 yds. to & including 100 yds.); Truck Mounted Crane (with load bearing surface either mounted or pulled (16 through 25 tons); GROUP 8: Prime Movers and Stinger Truck; Trucks, side, end, bottom and articulated end dump (over 100 yds.); Helicopter Pilot Hauling Employees or Materials Footnote A - Anyone working on a HAZMAT job, where HAZMAT certification is required, shall be compensated as a premium, in additon to the classification working in as follows: LEVEL C-D: - $.50 PER HOUR (This is the lowest level of protection. This level may use an air purifying respirator or additional protective clothing. LEVEL A-B: - $1.00 PER HOUR (Uses supplied air is conjunction with a chemical spash suit or fully encapsulated suit with a self-contained breathing apparatus. DACW67-99-B-0017 WA980001-41 094283 NOTE: Trucks Pulling Equipment Railers: shall receive $.15/hour over applicable truck rate ----------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. DACW67-99-B-0017 WA980001-42 094283 Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION DAC W 67-99-B-0017 WA980001-43 This page intentionally blank 9803 8/LD/ar/11 094283 TABLE OF CONTENTS TECHNICAL SPECIFICATIONS Section Section Title No. DIVISION 1 - GENERAL REQUIREMENTS 01001 Supplementary Requirements 01005 Site Specific Supplementary Requirements 01025 Measurement and Payment 01035 Modification Procedures 01061 Environmental Protection 01300 Submittal Procedures 01310 Project Schedule 01400 Contractor Quality Control 01501 Construction Facilities and Temporary Controls 01560 Care and Diversion of Water 01702 As Built Records and Drawings 01703 Warranty of Construction DIVISION 2 - SITEWORK 02050 Demolition 02100 Clearing, Grubbing, and Stripping 02210 Grading (Earthwork) 02221 Excavation, Trenching, and Backfilling for Utilities Systems 02275 Riprap 02411 Metal Sheet Piling 02512 Gravel Base Course 02558 Bituminous Tack Coat DACW67-99-13-0017 01000-TC-i 98038/LD/ar/11 Section No. Section Title 094283 02565 Asphaltic Concrete Pavement 02575 Maintenance of Access Road Pavement 02580 Pavement Markings 02720 Storm -Drainage System 02800 Site Furnishings 02811 Irrigation Sprinkler Systems 02846 Guardrails 02935 Turf 02950 Trees, Shrubs and Mitigation Planting DIVISION 3 - CONCRETE 03250 Expansion Joints, Contraction Joints, and Waterstops 03301 Concrete for Building Construction DIVISION 4 - MASONRY (Not Used) DIVISION 5 - METALS 05055 Welding, Structural 05101 Metalwork Fabrication and Miscellaneous Provisions 05120 Structural Steel 05502 Metals: Miscellaneous, Standard Articles, Shop Fabricated Items, and Steel Decking DIVISION 6 THROUGH 15 (Not Used) DACW67-99-B-0017 01000-TC-ii 98038/LD/ar SECTION 01001 SUPPLEMENTARY REQUIREMENTS PART 1 GENERAL 1.1 DEFINITIONS 094283 The references listed below are to be defined as indicated wherever they may be used in the TECHNICAL SPECIFICATIONS. "SUPPLEMENTARY REQUIREMENTS " shall be read to pertain to any of the sections of the DIVISION 1 as required by the content of the section or paragraph containing the reference. 1.2 CONSTRUCTION SCHEDULING The instructions for preparation and submittal of the Contractor -prepared Network Analysis System are found in SECTION 0 13 10, PROJECT SCHEDULE. 1.3 CORRESPONDENCE 1.3.1 All correspondence shall be addressed to the Contracting Officer, shall be serially numbered commencing with Number 1, with no numbers missing or duplicated and shall be furnished with an original and copy. All copies provided shall be legible. Enclosures attached or transmitted with the correspondence shall also be furnished with the original and each copy. Each serial letter shall make reference to the contract name, contract number and shall have only one subject. 1.3.2 For submission of Contractor payment requests, See Section 01025, MEASUREMENT AND PAYMENT. 1.4 CONTRACTOR'S FILES Contractor shall maintain "Approved (Action Code "A") and "Approved Except as Noted (Action Code "B") shop drawing files in fabrication shops and at project sites for government use. 1.5 AUDIO -VIDEO RECORDINGS 1.5.1 General The Contractor shall provide all equipment, materials, and trained personnel to visually and audibly record (video tape) all on site operations and maintenance (O&M) training sessions for this contract. The video technician shall be employed by a video production company that has been in business for a minimum of 2 years. The Contractor shall submit the resume of the technician and video production company. Also the DAC W67-99-B-0017 01001-1 98038/LD/ar 094283 Contractor shall submit for approval an agenda or an outline breakdown of the proposed presentation. Video tapes shall be produced in the VHS format. Audio shall be adjusted, filtered or otherwise controlled to insure that the trainer can be understood at all times. Each system or piece of equipment shall be covered in a single tape or set of tapes which shall be correlated with the O&M manuals provided. Video tapes and their individual storage cases shall be identified with a typewritten label showing the project, equipment or system, and contract number; this same information shall be provided as an introduction on each video tape. When two or more tapes are provided, they shall be submitted as a set in an appropriate storage container. 1.6 PRESERVATION OF HISTORICAL, ARCHEOLOGICAL AND CULTURAL RESOURCES (1985 JAN OCE): (a) Known historical, archeological and cultural resources within the Contractor's work area are designated on the contract drawings. The Contractor shall install protection for these resources as shown on the drawings and shall be responsible for their preservation during the contract. (b) If, during construction activities, the Contractor observes items that might have historical or archeological value, such observations shall be reported immediately to the Contracting Officer so that the appropriate authorities may be notified and a determination can be made as to their significance and what, if any, special disposition of the finds should be made. The Contractor shall cease all activities that may result in the destruction of these resources and shall prevent his employees from trespassing on, removing, or otherwise damaging such resources. 1.7 SPECIAL SAFETY REQUIREMENTS: All construction activities shall be conducted in strict compliance with the Corps of Engineers Safety and Health Requirements Manual EM 385-1-1, September 1996, and Occupational Safety and Health Administration regulations, as applicable. 1.7.1 In addition to Safety and Health Requirements Manual EM 385-1-1, and all applicable OSHA standards, the Contractor shall comply with the requirements listed below. Paragraph numbers refer to EM 3 85-1-1 or are added thereto. (a) Paragraph 01.A.12: Add new paragraph: Safety Personnel. The Contractor shall designate a person on his staff to manage the Contractor's safety and accident prevention program. This person will provide a point of contact for the Contracting Officer on matters of job safety, and shall be responsible for ensuring the health and safety of on site personnel. (b) Paragraph 0I.D.02, revise as follows: (1) Replace paragraph O1.D.02c with the following: "c. Property damage in excess of $2,000.00 DAC W 67-99-13-0017 01001-2 98038/LD/ar 094283 (2) Add new paragraph d as follows: "An injury resulting in a lost workday, not including the day of injury." 1.8 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (ER 415-1-15 31 OCT 89) This Paragraph specifies the procedure for the determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled "Default (Fixed Price Construction)". In order for the Contracting Officer to award a time extension under this clause, the following conditions must be satisfied: 1.8.1 The weather experienced at the project site during the contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month. 1.8.2 The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the contractor. 1.8.3 The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The contractor's progress schedule must reflect these anticipated adverse weather delays in all weather dependent activities. MONTHLY ANTICIPATED ADVERSE WEATHER DELAY WORK DAYS BASED ON (5) DAY WORK WEEK JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 10 7 7 4 4 10 Seattle, WA 1.8.4 Upon acknowledgment of the notice to proceed (NTP) and continuing throughout the contract, the contractor will record on the daily QCQ report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delays must prevent work on critical activities for 50 percent or more of the contractor's scheduled work day. 1.8.5 The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days. If the number of actual adverse weather delay days exceeds the number of days anticipated in paragraph 1.8.3, above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the contract clause entitled " Default (Fixed Price Construction)". DAC W67-99-B-0017 01001-3 98038/LD/ar 094283 1.9 SALVAGE MATERIALS AND EQUIPMENT FOR THE GOVERNMENT The Contractor shall maintain adequate property control records for all materials or equipment specified to be salvaged. These records may be in accordance with the Contractor's system of property control, if approved by the property administrator. The Contractor shall be responsible for the adequate storage and protection of all salvaged materials and equipment, and shall replace, at no cost to the Government, all salvage materials and equipment which are broken or damaged during salvage operations as the result of his negligence, or while in his care. Point of contact concerning Government salvaged items is Tim Shaw, Telephone (206) 764-6978. 1.10 PERMIT REQUIREMENTS AND CONTRACTOR RESPONSIBILITIES 1.10.1 Permits Obtained By City of Renton The City of Renton (Local Sponsor) has obtained the following permits/licenses related to the construction of this project: 1. Shoreline permit issued by City of Renton (see attachment A at the end of these clauses). 2. Grading Permit issued by the City of Renton (see attachment B at the end of these clauses). 3. Water Quality Certificate issued by Washington Department of Ecology on 29 April 1998 and corrected by letter dated 15 May 1998 (see attachment C at the end of these clauses). 4. Hydraulic Project Approval issued by Washington Department of Fisheries on 25 October 1998 (see attachment D at the end of these clauses). Stormwater Discharge Permit SO 3003240 issued by the Washington Department of Ecology on 28 May 1998 (see attachment E at the end of these clauses). It is the intent of the contract documents (plans and specifications) to comply with all applicable provisions of these permits. The Contractor shall have copies onsite at all times. PARTS 2 AND 3 NOT USED Attachments follow. END OF SECTION DAC W 67-99-B-0017 01001-4 r-jv aJ l lG7l • tip 1 CITY 7F RENTON Planning/Building/Public Works Department Jesse Tanner, Mayor Gregg Zimmerman P.E., Administrator February 2., 1998 State Department of Ecology Northwest Regional Office ,g9� 3190 160th Ave. SE FELL Bellevue, WA 98008-5452 CITI c-p pEP�TON SUBJECT: Shoreline Management Substantial Development Permi><fggini e, Mig D81Pt. File No. LUA-97-192;SM Gentlemen: Enclosed is the Shoreline Substantial Development Permit for the above referenced project. The permit was issued by the City of Renton on February 3, 1998. We are filling this action with the Department of Ecology and the Attorney General per WAC 173-14-090. Please review this permit and attachments and call me at (425) 277-5586, if you have any questions or need additional information. Sincerely, Mark R. Pyw ICP Project Ma ger Enclosures: Copy of Original Application Affidavit of Public Notice/Publication Site Plan SEPA Determination cc: Office of Attorney General City of Renton, Transportation Systems City of Renton, Utility Systems Applicant 01001-A1 SHRLTR.DO(3 200 Mill Avenue South - Renton, Washington 98055 ® This paper contains 50% recycled material. 20% post consumer CITY OF RENTON SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT APPLICATION NO.: LUA-97-192,SP,SM DATE RECEIVED: December 19, 1997 DATE OF PUBLIC NOTICE: December 29, 1997 DATE APPROVED: January 6, 1998 DATE DENIED: N/A TYPE OF ACTION(S): [ X ] Substantial Development Permit [ J Conditional Use Permit [ ] Variance Permit Pursuant to Chapter 90.58 RCW, the City of Renton has granted/denied a permit: This action was taken on the following application: APPLICANT: City of Renton Surface Water Utility, Attn.: Ross Hathaway PROJECT: Cedar River #205 Dredging DEVELOPMENT DESCRIPTION: City of Renton seeks approval of a 10 year permit for dredging of the Cedar River from Williams Avenue to the mouth of the Cedar River. Project will include levees and/or walls to control flooding during storm events. The project also includes the construction of spawning channel approximately 900 feet long and other habitat enhancements at the Cedar River Regional Park area and temporary erosion control for a temporary stockpile area at the NARCO site. LEGAL DESCRIPTION: See attached. SEC-TWNP-R: Sec.s 7, 17, 21, & 22, T23N, R5E WITHIN SHORELINES OF: Lake Washington & Cedar River APPLICABLE MASTER PROGRAM: City of Renton SUBDEV.DOC 01001-A2 City of Renton PAIPW Department rorefine Substantial Development Permit Page 2 of 3 The following sectiordpage of the Master Program is applicable to the development Section Description Page 4.01 Shoreline Uses & Activities Element page 14. 4.02 Conservation Element page 15 5.03 Conservancy Environment page 20 5.04 Urban Environment page 22. 7.06 Dredging page 28. Development of this project shall be undertaken pursuant to the following terms and conditions: 1. The City shall ensure that best management practices are followed to prevent soil erosion and turbulence in the river to the extent possible. 2. City staff shall coordinate the work in the river with the Aquifer Protection Program. 3. The mitigation measures contained within the EIS shall be followed during the life of the project. This permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1. The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2. This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition hereof. 3. A construction permit shall not be issued until thirty (30) days after approval by the City of Renton Development Services Division or until any review proceedings initiated within this thirty (30) day review period have been completed. Planning/Build g ubli orks Administrator Date 01001-A3 SUBDEV.DOC City of Renton PA31PW Department iorefine Substantial Development Pemyt Page 3 of 3 TO A CONDITIONAL USE OR VARIANCE PERMIT DATE RECEIVED: APPROVED: DENIED: If Conditional Use, Section of the City's Shoreline Master Program authorizing the use: If Variance, Section(s) of the City's Shoreline Master Program being varied: This Conditional UseNariance permit is approved/denied by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: Date Signature of Authorized Department Official cc: Attorney General's Office City of Renton, Plan Review (Neil Watts) City of Renton, Surface Water Utility (Ron Straka) Applicant 01001-A4 SUBDEV.DOC K Oss /1+0>'A4hl y February 23, 1998 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND IIECISION APPLICANT: City of Renton Cedar River Dredging r - File No.: LUA-97-192,SP,SM' LOCATION: Between Williams Avenue and mouth of the Cedar River SUMMARY OF REQUEST: To dredge the Cedar River from Williams Avenue to the mouth of the Cedar River. Project will include levees and/or walls to control flooding during storm events. SUMMARY OF ACTION: Development Services Recommendation: Approve with conditions DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on February 3, 1998. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: NFUSUTES The following minutes are a summary of the February 10, 1998 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, February 10, 1998, at 9:05 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Vicinity map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Neighborhood detail map - Narco site Exhibit No. 4: Neighborhood detail maps - area of fish spawning channel and dredging area from Williams Avenue north Exhibit No. 5: Neighborhood detail map - dredging Exhibit No. 6: Haul routes ,rea of airport and parking lot 01001-A5 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 2 The hearing opened with a presentation of the staff report by MARK PYWET 1, Project Manager, Development Services, City of Renton, 200 Mill Avenue South, Renton, Washington 98055. The applicant requests a 10 year special permit and shoreline management permit for dredging of the Cedar River from Williams Avenue to the mouth of the river at Lake Washington. The project consists of levees and/or flood walls, and dredging of the lower approximately 1.25 miles of the Cedar River upstream of Lake Washington, with temporary storage of the dredging spoils being on the Narco site. The channel was created when Lake Washington was lowered by approximately 9 feet around 1916 and that event established the elevations along the channel. Due to the low grade of the channel there is a lot of sedimentation, and it is anticipated that over the lifetime of the channel there will be re -dredging intervals that will be based.on flooding and elevation surveys on the aggradation build-up. The Army Corps of Engineers tentatively will be giving a 10 year permit for the initial and maintenance dredging of this channel. Construction is hoped to start in the spring of 1998 and extend into 1999. The City is asking for a similar 10 year permit. The project is intended to contain the Cedar River up to the 150 year flood event. It is staffs understanding that recent flooding has been due more to the degradation of the channel because of sedimentation build-up rather than the actual severity of the storms. The intent of this dredging is to return the channel basically back to its design intent which would be able to handle those flows. The Narco site, which is one of the potential temporary storage areas for the sediments, has some wet areas. They do not qualify as wetlands due to their small size or the fact that they were created by human activity. There is a pond on that site and the City will be maintaining a 25 foot setback from the pond. The actual storage will occur down on the flat area of the Narco site and there will still be about a 300 foot setback to any of the residences in the area. With the possibility that some dredging will occur as often as every 3 years, the spoils would need to be removed as quickly as possible. The dredging spoils that come out of these operations are very desired as fill as they have a tendency to be fairly clean and they also compact well. The haul routes for the dredging spoils will be down the airport and then out onto Logan Avenue up to 6th. To get to the Narco site, they would be traveling down Park Avenue and across and over onto the Narco site, crossing under 405. There is also the possibility that some of these dredging spoils will be going to the Port Quendall site to be used there, in which case an alternate route would go up Park Avenue onto 405 and then off at the Port Quendall exit and onto the site. This project underwent environmental review with the U.S. Army Corps of Engineers taking lead agency status on the project and the preparation of the environmental documentation. This was adopted by the City of Renton's Environmental Review Committee on January 6, 1998. The project encompasses a total area of about 74 acres, which includes the areas of the levees, the disposal site, the mitigation and temporary storage area. It is estimated there will be about 170,000 cubic yards of material to be removed. The dredging and hauling operation will be approximately a 20 hour a day operation with the trucks being taken off the road for maintenance during the peak hour traffic flows, and also when the airport needs a cleared area around the runway for initial flights of new Boeing jets. The levees will also require approximately 60,000 cubic yards of imported materials. Basing it on 20 cubic yard trucks, there will be about 8,500 truck trips averaging one trip about every 6.4 minutes with a maximum frequency of one trip every two minutes to remove the dredging spoils, and about 3,000 truck trips to bring in the new material for the 01001-A6 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM r7ebruary 23, 1998 'age 3 construction of the levees. The materials both going into the river and from the river will be tested for any contaminants. The park will be restored upon completion of the dredging and the constriction of the levees. This will be a joint effort between not only this dredging operation, but also the construction of the Metro sewer line in this area The operation will be 20 hour a day operation, basically to be accomplished in the shortest time period possible for the least amount of disruption. The majority of the work will actually occur in an industrial area and along the edge of the airport. All surface drainage that is existing at this time will be modified and re- established. Some; of the existing outfalls will be fitted at this time with gates to prevent back -flooding from the river. Staff would recommend approval of the Cedar River dredging subject to compliance with the mitigation measures contained within the EIS as adopted by the City of Renton, and that the permit have a 10 year life. Ross Hathaway, Surface Water Utility, City of Renton, 200 Mill Avenue South, Renton, Washington 98055, indicated on a detail map where the various features were located. The plan is to put levees and/or sheet pile walls along all sections of the river where needed. Because the sheet pile walls are more expensive, they are only used where there is not adequate clearance between existing structures and the river to provide a levee. All of the levee work actually starts at Williams Avenue bridge and goes downstream. The south Boeing bridge will be fitted with a lifting mechanism to lift it out of the way during floods and an enclosure structure rhich will be provided to close off the opening that would be at that point. For the most part, the levee will be t the top of the bank or set back further. There will not be a flood wall actually down in the river, although there will be some sections that may receive rip -rap treatment because they are eroding at present_ There is discussion of a flood wall near the gazebo. Staff would prefer a levee situation there, but a temporary flood wall structure, something that can be assembled in an emergency, is being considered. The intent is to place a permanent levee there. Leslie Betlach, Parks Director, City of Renton, 200 Mill Avenue South, Renton, Washington 98055, explained that the City has been working with the Army Corps of Engineers and a landscape architect. The trails will meet ADA requirements with maximum slopes of 5%, 2% cross slope. Although the levee system will be different from the present berms, efforts are being made to create something similar to the current trail which will meander over, up and down, around the levees. It will be an 8 foot wide asphalt paved trail with similar access points at Gth, at the non -motorized boat launch and to and from the parking areas. One of the areas that has not been worked out is the area around the restroom and the picnic shelter area. Several alternatives are being explored. The boat launch has been designated a non -motorized launch in the last year, primarily for safety of those who float down the river, but people will still be able to launch a boat from that area. There will be approximately four locations where there will be minimal vegetation, perhaps turf going down to the water's edge. The remainder of the river bank will be revegetated with more native plantings which will primarily screen the river from the pedestrian user, but provide habitat for the fish along the river bank. Mary Martz. U.S. Army Corps of Engineers, environmental Resources Section., P.O. Box 3755, Seattle, Washington 98124, stated that she was the environmental coordinator for this project and the main author on the EIS packages. There were several alternatives evaluated in detail for this project, all of which included ome measure of dredging and levee combination along with bridge modifications. This was about the least .mount of dredging that was looked at, primarily for concerns by the Muckleshoot Indian Tribe and State Fisheries regarding; impacts to sockeye salmon. She stated that the deeper the dredge, the faster the river fills in 01001-A7 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 4 because the lake backwater backs up further upstream and causes sediment to fall out easier and faster. If a moderate to minimal amount of dredging is done, it allows the river to carry out at least part of that sediment all the way into Lake Washington without building up into the river. At this time the dredging is scheduled to occur June through August 1998. The levee construction and park restoration, if funding is available from the federal government, would happen in the fall of 1998. The dredging is funded and that will occur. Access for future dredging would not affect the park system once the Ievee system is established. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:50 a.m. Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: The applicant, City of Renton, Surface Water Utility, filed a request for approval of a Special Permit to dredge portions of the Cedar River together with the construction of flood control devices including levees and walls. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit 41. 3. The Environmental Review Committee (ERC), the City's responsible official, adopted the EIS that was prepared by the Army Corps of Engineers. 4. The subject proposal was reviewed by all departments with an interest in the matter. The project will occur in a linear corridor running from approximately Williams Avenue North to the mouth of the Cedar River at Lake Washington. The nature of the project has introduced a "river mile" (RM) measurement that is used for measurement. Various features or facilities will be denoted by their river mile (RM) location. The "zero" (0.0) point begins at Lake Washington. Williams Avenue North is referred as RM 1.23. Work will occur in the river channel as well as on both banks of the river. The banks are alternately called the east or right bank and the west or left bank. Located along the right bank are the Cedar River Trail, the Senior Center, Renton Stadium, Boeing facilities and portions of roadways. The trail varies from a fairly linear bricked walkway immediately adjacent to the river between Williams and Logan to a meandering pathway through landscaped knolls and flat grassy meadows from Logan to the Lake. 7. The left or west bank has a mix of buildings, senior housing, Boeing paint facility and the Renton Municipal Airport which include hangars, plane aprons and runway. Including the Williams Avenue bridge, there are four bridges crossing the river within the project area. There is the Logan Avenue bridge (RM 1), a public street, and there are two Boeing controlled bridges 01001-A8 City of Renton Cedar River Dredging File No.: LUA-97-,192,SP,SM February 23, 1998 age 5 — the south Boeing bridge (south of North 6th Street as extended west) and the north Boeing bridge, at the mouth of the river almost adjacent to Lake Washington. 9. The proposal is intended to address the periodic flooding of the areas along the Cedar River from Williams clown to Lake Washington. Currently, flooding of low-lying areas along both sides of the river occur periodically in less than 100 year floods. The Cedar River trail and some of its underpasses flood, as do low areas of the Boeing complex, the hangars and airport runway. 10. The Cedar River channel was originally created when Lake Washington was lowered with the construction of the Ship Canal and Ballard Locks. This resulted in the diversion of the Black River to the Green River and the diversion of the Cedar River to feed the Iake which was now drained by the locks. The: system has a low gradient which causes sediments to build up and fill the channel. Over the past eighty (80) years the river had been periodically dredged by the City to provide more capacity during high flows. This activity was phased out in the recent past. There were conflicts with other river management needs including salmon spawning beds. Each flood event that occurs transports and deposits gravel and rocks in the channel, a process referred to as aggradation. This process of deposition results, basically, in undoing over time the results of prior dredging work. In addition to filling in the channel, the results of this aggradation can be seen at the mouth of the Cedar River where a delta has formed and reformed after it has been dredged Delta dredging is not part of this proposal. 11. The current proposal is intended to provide a minimum 100 year flood protection while interfering as minimally as possible with salmon runs. As described by staff. "Immediately after each dredge cycle, the project reach will provide up to a 200 year recurrence interval flood protection with 90% reliability, which will decline until the channel aggrades to the maximum allowable bed elevation to provide 100 year recurrence interval flood protection. The estimated average level of protection over the project life (100 years) is 150 year flood protection." 12. This means that during the interval immediately after a dredging operation, there should be capacity for a 200 year storm event. That is, there should be capacity, for the amount of storm water that would occur once every 200 years. After dredging each flood event will deposit materials along this reach of the river, again beginning the aggradation process all over again. The proposal includes not only the physical construction of flood walls and levees but also a periodic redredging of the river to maintain channel depth. 13. The proposal consists of a number of associated actions. The river will be dredged from Williams to Lake Washington, a combination of levees and flood walls and interlocking flood doors and over- passes will be constructed, and a hydraulic lifting mechanism to move the south Boeing bridge above the flood way will be installed. 14. The river will be dredged to a depth of approximately four (4) feet below a surveyed bed (1995) of the river. This will require the removal of an estimated 160,000 cubic yards of sediment. The dredge will taper from the existing depth at Williams to the new, 4-foot lower elevation. This will extend approximately 20 feet out into the lake. 15. The dredge, spoils will be dewatered and then moved along normal haul routes to a temporary storage location at the City -owned Narco site located along the south side of the river just east of I-405. While some materials could be used to prepare this site for development, any such use would require a separate permit. Also materials may be sold or given away as demand is determined. The quality and cleanliness of these dredge spoils generally makes them desirable fill material on other construction sites. 01001-A9 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 6 16. The applicant also proposes installing a combination of levees and floodwalls. This will increase the holding capacity of the channel by extending the natural channel's banks upward. These structures will be constructed between Williams and the lake. The levees and floodwalls (hereinafter walls) will vary in height from two (2) feet to seven (7) feet above the existing terrain. Walls will be used where there is insufficient clearance between structures or terrain features. 17. The levee designs will vary depending on the cross-section of the areas they serve. Some sections will be higher and wider while others will be narrower. There will be sections where the recreational trail will meander atop the levee providing a wider top flat area. There will be sections where the slope on the river or "dry" side would be a bit steeper or shallower. Similarly, the walls will have different designs, basically in the footing areas where slope and materials may vary. Again, both types of structures will also vary in height. 18. Taking advantage of some of the natural terrain, high points will serve as "natural flood containment" structures. Some of the knolls along the more northerly end of the trail/park system will be left as they are and connected with the new constructed levees and walls. 19. There are certain features of the park, particularly between Logan and the lake, that will have to be served by either crossover, ramp -type structures or openings that would be secured during flood periods by closing gates. These areas include the non -motorized boat launch, the picnic gazebo and the restroom and basketball facilities and parking access. 20. Staff has reported that the terrain on the east bank closest to the river north of Logan will not generally be altered. The levees and walls will not be located immediately along the river bank. The trail will still generally meander with views of the river. Some sections of trail will be raised above the shore on top of levee structures. The new raised terrain will reduce or cut off visual access to the trail from parking lots along the east or trail side of the river. Similar loss of view will occur from the west bank where the perimeter road is located but that is generally not used by the public. 21. On the left bank or airport side of the river the structures are intended to protect Boeing facilities, the airport and hangars from flood damage. This will consist of some of the higher or taller seven (7) foot tall sheetwall or levee structures. It will taper down to approximately 4 feet high from RM 0.41 to the lakeshore to avoid interfering with FAA clearance requirements adjacent to the airport. What is called "controlled overtopping" will occur for flows greater than the 100 year flood event in the areas of the lower containment structures. On the trail side, from RM 1.23 (Williams) to RM 1.07 (near Logan) the brick trail will be raised approximately three (3) feet. 22. Some of the existing storm drain outfalls that enter the river will be re -fitted with gates to prevent back - flooding from the river. 23. As noted, there may be necessary modification to some of the design features and park features including the boat launch, picnic areas, basketball court, and restrooms. Approximately 50% of the plantings from Logan to the lakeshore will be removed. Landscaping will be restored although there was some concern about federal funding for all aspects after year one construction. 24. The low clearance and design of the current south Boeing bridge causes it to trap larger woody debris during flood events. Constant surveillance and debris removal is needed to prevent the bridge from either failing or damming up the river. As mentioned, the bridge will be altered so that it can be lifted by hydraulic methods allowing flood events and debris to flow more freely under the bridge. 01001-A10 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 7 25. The levees, wall footings and other work will require the importation of approximately 140,000 cubic yards of materials. 26. As indicated, temporary storage of materials that are not directly exported to developing sites will be stored on the City -owned Narco site. There are some small wetlands on Narco site which staff has noted are man -created. A Category 3 wetland will be protected as necessary. The temporary storage should nct adversely impact any environmentally sensitive areas. Staff did not know how long "temporary storage" would occur but suggested that materials would be moved prior to the next dredge operation. 27. A proposed spawning channel will be created upstream of the Maplewood Golf Course at the Cedar River Regional Park. This action will necessitate the removal of an additional 7,000 cubic yards of material and the placement of another approximately 700 cubic yards of material. These two actions are to provide a spawning area and bank stabilization. Additional trees will be removed to accommodate this new channel. New vegetation will be planted. 28. The proposed dredging will be accomplished during a Fisheries' window to reduce interference with spawning salmon and other fish species. The shallow dredge as proposed was designed specifically to minimize environmental impacts on the various fisheries resources. The deep dredge used in the past was found to be too environmentally harmful. The deep dredge might have reduced or eliminated the need for some of the floodwall and levee structures. 29. The dredging and hauling will be accomplished over a twenty (20) hour day. Approximately 8,500 trips will be necessary to remove the dredge materials. It is anticipated that there will be one truck trip about every 6.4 minutes with a maximum frequency of one trip every two minutes 30. An initial permit will be issued by the Army Corps for ten (10) years. Periodic redredging will be required to keep the channel depth constant. Intervals will depend on the rate of deposition which varies depending on storm events and the amount of materials carried by the river. 31. The project is expected to start in the spring of 1998 and continue into 1999. The proposed permit would cover that proposed duration. 32. The importation will require an additional approximately 3,000 vehicle trips. Importation timing is not as critical as the removal of materials. 33. The proposed main haul route would be from the east perimeter road to Airport Way to Logan to North 6th to Park to Bronson to Mill across Houser and the Narco site. The return route would utilize N. 4th. An alternate route if the materials are used at the Quendall site would go north on Park to I-405 to NE 44th to Ripley Lane and the Quendall site. The return would again use N 4th. 34. In addition to the work on this project, two other projects will be occurring near or in this same corridor. Boeing will be doing an upgrade to a storm line and King County is installing a new sewer transmission line. The various entities propose coordinating their various efforts to minimize duplicative disruptions to the trail, roads and landscaping and to restore these various elements. 35. The City is also seeking a 10 year permit from the Army Corps. That permit will correspond with the proposed permit in this case. 01001-A11 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 8 CONCLUSIONS: The proposed action appears reasonable, although it will create temporary havoc in the river and along the trail during construction, and will permanently alter the terrain with levees and floodwalls. At the same time, it should be remembered that the current channel and shoreline is itself not natural. The current river environment was created to alter the course of the river when Lake Washington was lowered over 80 years ago. 2. The Army Corps found that the shallow dredge might have lesser impacts on the salmon and other fisheries resources. It is unfortunate that one of the deeper dredge methods was found unacceptable since it would have required significantly less alteration of the surface areas and complete disruption of a popular City park. It would not have required the levees and floodwalls and the relocated trail and park facilities. It would have retained for the most part the existing contours of the park, and it would have preserved the views and water access and intimacy the trail provides in a unique urban environment. Be that as it may, the Army Corps chose the current solution and the City agreed to implement the shallow dredge and its associated impacts of levees, floodwalls and park alterations. 3. Some solutions appear necessary to prevent future flooding. Although flooding and inundation of low- lying land adjacent to rivers is a natural phenomena, unfortunately a substantial investment in improvements including the airport, park and Boeing facilities have made protection a necessary evil in this location. 4. Substantial property damage does occur each time the area is inundated and inundation has been regular enough that a permanent solution is necessary. The proposed plan is appropriate given the desire to protect the various properties in this area. As noted, the permit will be for an initial period of ten (10) years to permit maintenance dredging as necessary to preserve the minimum 100 year flood and provide an interim 200 year flood protection level. 6. The truck traffic and its proposed frequency and 20 hour per day schedule could create some impacts on general traffic as well as nearby businesses and residences. The work in the river could have similar impacts since it will also be occurring for long, uninterrupted stretches. The objective of this sustained work is to complete it as quickly as possible. It appears that all in all the project is well designed. Efforts have been made to coordinate three separate projects located in or near this corridor. This coordination should minimize the duration of disruption. The periodic redredging is also appropriate given the regular occurrence of storm events which will refill the river bed. While the permit is focused on the dredging of the river, a major aspect of the project are the levees and floodwalls. These features will have a dramatic impact on the City trail and linear park. This was not given much attention in the staff analysis. There was some mention of funding for restoration efforts. As noted, the Cedar River Park is a popular City facility providing a retreat from the urban environment in the heart of the City. It should be restored as quickly as possible. 10. In conclusion, it appears that the project is necessary. As such, disruption cannot be avoided but it should be concluded as soon as possible and the environment restored as soon as practical. 01001-Al2 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 'age 9 DECISION: The Special Permit for Grade and Fill and is approved subject to the following conditions: 1. All mitigation measures contained within the EIS shall be completed as soon as practical. 2. All landscaping shall be restored within one (1) year after the levees and floodwalls have been constructed. This permit shall expire ten (10) years from the date of approval. ORDERED THIS 23rd day of February, 1998. FRED J. KAUF HEARING EXA ER TRANSMITTED THIS 23rd day of February, 1998 to the parties of record: -dark Pywel1 200 Mill Avenue S Renton, WA 98055 Mary Martz U.S. Army Corps of Engineers Environmental Resources Section P.O. Box 3755 Seattle, WA 98124 Ross Hathaway 200 Mill Avenue S Renton, WA 98055 Paul B. Crane Boeing Company P.O. Box 3707, MS 63-01 Seattle, WA 98124-2207 Leslie Betlach 200 Mill Avenue S Renton, WA 98055 TRANSMITTED THIS 23rd day of February, 1998 to the following: Mayor Jesse Tanner Gregg Zimmerman, Plan/Bldg/PW Administrator Members, Renton Planning Commission Jim Hanson, Development Services Director Art Larson, Fire Marshal Mike Kattermann, Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling, Building Official Transportation Systems Division Jay Covington, Chief Administrative Officer Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV, Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed .n writing on or before 5:00 p.m.. narch 9. 1998, Any aggrieved person feeling that the decision of the 3xaminer is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This 01001-B1 City of Renton Cedar River Dredging File No.: LUA-97-192,SP,SM February 23, 1998 Page 10 request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 16, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, flLg executed Covenants will be required prior to approval by City Council or 01001-B2 APR-29-98 16:16 From:DEPT OF ECOLOGY CENTRAL PROGRAMS 3604076902 1-241 P.02/61E Job-660 0WTAr ti �w T b r, a STATE OF WASHINCTON DEPARTMENT OF ECOLOGY CERTIFIED MAIL P.D. Box 47600 - Olympia, Washington 98304-7600 (360) 407.6000 • TDD Only (Hearing Impaired) (360) 407.6006 April 29, 1998 City of Renton 200 Mill Avenue South Renton, WA 98055 A'[TN: Mr. Ross Hathaway RE: Water Quality Cerdfication/Modification for Corps Public Notice #TB-98-01 Dredge of the Cedar River for Increased Flood Protection to the City of Renton Pear Mr. Hathaway: l} a public notice number TB-98-01 and accompanying revised mitigation plan dated April 6, 1W998 for proposed dredging of the Cedar River has been reviewed. On behalf of the State of ashington, we certify that the work proposed in the public notice complies with applicable provisions of Sections 301, 302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers, and as the response to your Certification that the project complies with the Coastal Zone Program of the State of Washington, The project is considered consistent consistent with the Coastal Zone Program, barod upon your compliance with the enforceable policies of the program, including the provisions of the enclosed Order. The: water quality certification is subject to the conditions contained in the enclosed Order. If you (have any questions, please contact Bonnie Shorin at (360) 407-7297. Written comments can be senr, to her at the Department of Ecology, P.O. Box 47703, Olympia WA 98504-7703. The -enclosed Order may be appealed by following the procedures described in the Order. Sincerely, PauJa Ehlers, Supervisor environmental Coordination Section Fc :bss closure Corps of Engineers — Merri Martz WDFW — Larry Fisher Ecology, NWRO - Dave Burdick, Ann Kenny Ecology, HQ — Linda Ranicin 01001-C1 APP-Z9-96 16:16 Prom:DEPT OP ECOLOGY CENTRAL PROGRAMS 36040TES02 T-241 P.03/06 J�60 rX IN THE MATTER OF GRANTING ) A WATER QUALITY ) CERTIFICATION/MODIFICATION TO) The City of Renton ) In accordance with 33 U.S.C. 1341 ) FWPCA § 401, RCW 90.48.260 } anJ WAC 173-201A ) TO: The City of Renton 200 Mill Avenue South Renton, 'WA 98055 TTN: Mr. Ross Hathaway ORDER #TB-98.01 Dredge 125,000 cubic yards of the Cedar River to provide flood hazard reduction to the City of Renton, in King County. Washington On February 19, 1998, Ecology received a public notice requesting a water quality certification froth the State of Washington for the above -referenced project, pursuant to the provisions of 33 U.S.C. 1341 (FWPCA§ 401). On April 7. 1998, Ecology received a supplemental public notice providing revisions to the mitigation proposal which accompanies the proposed dredging project. Thei proposed project entails dredging 125,000 cubic yards of sediment from the lower 1.23 miles of t6 Cedar River, in order to deepen the channel and provide relief to the City of Renton from IONyear flood events. This project also includes placement of levees of 1 — 8 feet in height, set bac 5 — 100 feet from the bank edge on both banks of the river from Williams Avenue to the mo Eh. Mitigation includes creation of spawning habitat for sockeye salmon at river mile 5,ks native plantings on the banthroughout the dredge area to restore habitat components, and pl ment of large woody debris at river mile 5 to provide cover from predation on juvenile saliponids,. A rovals/Permits: IPA #00-D4609-01 For dredging, bank protection, levee improvements, and mitigation measures. SDP #1998-NW-40006 AROLcable conditions of the above permi�pprovals shall be considered conditions of this rd r. AU`'FIORITIF,S: In eitercising authority under 33 U.S.C. 1341 and RCW 90.48.260. Ecology has investigated this application pursuant to the following: 1. Conformance with applicable water quality -based, technology -based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. Sections 1311, 1312, 1313, 1316, and 1317 (FWPCA Sections 301, 302, 303, 306, and 307); 2. Conformance with the state water quality standards as provided for in Chapter 173-201A WAC authorized by 33 U.S.C. 1313 and by Chapter 90.48 RCW, and with other appropriate requirements of state law; and, 01001-C2 APR-29-98 16:16 From:DEPT OF ECOLOGY CENTRAL PROGRAMS 36040TES02 T-241 P.04/:° Job-E60 Water Quality Certification #fTB-98-01 April 29. 1998 Page 3 of 6 3. Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90,48.010. WATER QUALITY CERTIFICATION CONDITIONS: In view of the foregoing and in accordance with 33 U.S.C. 1341, 90.48.260 RCW and Chapter I73-201A WAC, certification is granted to the City of Renton (applicant) subject to the following conditions: General Conditions: 1) Notification shall be made to Bonnie Shorin at (360) 407-7297, and Bob Newman at (425) 649-7046. three days prior to the onset of the work authorized by this order. 2) Machinery and equipment used during dredging, bank modification, and bridge pier modification, shall be serviced, fueled, and maintained on uplands in order to prevent contamination of surface waters. 3) Any dredge spoils, excavated material, or construction debris shall be disposed of above the 100-year floodplain and shall be contained so as to prevent its re-entry into waters of the state. 4) Vegetative plantings shall consist of native riparian, non-invasive species only. Motiltoring Conditions: 5) Vegetative plantings shall be inspected annually for three years to ensure 80% survival rate or better. Failed plants shall be replaced with healthy plants to maintain a minimum 80% success rate. 6) Impacts to fish resources shall be monitored according to the terms described in HFA 00- :D4609-01. 7) :Monitoring of turbidity impacts shall be conducted in accordance with condition below. h Construction Conditions: 8) Double framing is required around the bridge piers during construction of bridge pier modification. Intermediate water will be pumped out and disposed of at a suitable upland landfill. Tenipormry Modification of Water Quality Standards: 9) Conditions listed below are issued under the authority of Chapter 90.48 RCW and 173- 201A WAC and are intended to allow short-term modification of state water quality standards. Except as specifically authorized by this Order, all applicable provisions of 173-201A WAC shall be met. 01001-C3 APR-23-98 16:17 From:DEPT OF ECOLOGY CENTRAL PROGRAMS 3604076902 T-241 P.05/06 Job-66". Water Quality Cerrtficarion #TB-98-01 April29, 1998 PaSe 4 of 6 10)� The Cedar River is a Class A water from Lake Washington to the Maplewood Bridge. (WAC 173-201A-130(5). Certification of this project does not authorize the applicant to exceed the turbidity standard for Class A waters boyond the mixing zone described below at condition 11. Turbidity in Class A waters shall not exceed 5 NTU over background turbidity when the background turbidity is 50 NTU or loss, or have more than a 10% increase in turbidity when the background turbidity is more than 50 NTU. 11) Mixing Zone: Consistent with WAC 173-201 A-100 (7) and—110(3), a mixing zone is established within which the turbidity standard is waived. The mixing zone is established to allow only temporary exceedances of the turbidity criteria during and immediately after project construction. The mixing zone shall not exceed 300 downstream from the point of dredging. 12) Dredge Monitoring: Monitoring shall take place at the mixing zone boundary shall take place one hour after dredging begins, and again one hour before dredging finishes, daily, for the first week of dredging. If monitoring indicates turbidity standards are not being met at the boundary of the mixing zone, measures shall be taken to reduce turbidity rates, such as reducing the rate of dredging, placement of sediment curtains, etc. If monitoring shows that standards are being met at the mixing zone boundary, then monitoring may be reduced to once per week for the remainder of the work period. Emergency Conditions: 13) Toxic conditions resulting in distressed or dying fish (including dissolved oxygen levels below 5.0 mg/L) are not allowed. During and immediately after project construction, the applicant or contractor shall visibly monitor the area for distressed or dying fish. If water quality exceedances are observed outside the dilution zone, in -water work shall cease immediately and the applicant or the contractor shall contact Ecology's Spill Response Office at (360) 407-6300 (24-hour phone number). N111gation Conditions: 14) Mitigation shall conform with the revised mitigation plan published under Corps Public Notice TB-98-01A, and conditions of HPAO 00-D4609-01. Adt"trative Conditions: Thi certification does not exempt compliance with other statutes and codes administered by fed F-ublic , state, and local agencies. This certification will cease to be valid if the project is concted and/or operated in a manner not consistent with the project description contained in the Notice for eertificatlon. This- certification will cease to be valid and the applicant must reapply with an updated application if five years elapse between the date of the issuance of this certification and the begning of constriction and/or discharge for which the federal license or permit is being sou t. 01001-C4 APR-29-311 16:17 From:DEPT OF ECOLOGY CENTRAL PROGRAMS 3604076902 T-241 P.06/06 Job-660 Water Quality Certification ##TB-98-01 April' 29. 1998 Page S of 6 This certification will cease to be valid and the applicant must reapply with an updated application if the information contained in the Public Notice is voided by subsequent submittals to the. federal agency. Any future action at this project location, emergency or otherwise, that is not defined in the public notice, is not covered by this approval. All future actions shall be coordinated with Ecology for approval prior to implementation of such action. Copies of this Order shall be kept on the job site and readily available for reference by Corps of Engineers personnel, the construction superintendent, construction managers and foremen, and state and local government inspectors. Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if it appears necessary to further protect the public interest. And+ person who fails to comply with any provision of this Order shall be liable for a penalty of up fo ten thousand dollars per violation for each day of continuing noncompliance. Any person aggrieved by this Order may obtain review thereof by appeal. The applicant can appeal. up to 30 days after receipt of the permit, and all others can appeal up to 30 days from the postmarked date of the permit. The appeal must be sent to the Washington Pollution Control Hearings Board, PO Box 40903, Olympia WA 98504-0903. Concurrently, a copy of the appeal mu t lie sent to the Department of Ecology, Enforcement Section, PO Box 47600, Olympia WA 98;4--7600. Thcsc procedures arc consistent with the provisions of Chapter 43.21B RCW and the Zules and regulations adopted thereunder. Dated Adil.[Il Z9, (c/ 96 at Lacey, Washington e- �- wt-.C_� Paula Ehlers Environmental Coordination Section Department of Ecology State of Washington 01001-05 0 SuLuft HYDRAULIC PROJECT APPROVAL State of Washington Dowto"A( RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Wand Region 4 Office lOLM 16018 MID Creek Boulevard Mill Creek, Washington 9801: DATE OF ISSUE: October 28 1998 LOG NX -BER: 00-D4609-07 This Hydraulic Project Approval (HPA), which now supersedes all previous HPAs for this project and has a resulted from administrative changes requested by Gayle Kreitman of the Washington Department of Fish and Wildlife (WDFW), is a change of the original HPA issued April 24, 1998 and last modified on September 21, 1998. Provisions 1 and 4 have been changed to help clarify project timing limitations. 19 Duly M� _ y M� = -- ! _ - 92 —! ' I! :;i OVXQWI City of Renton Surface Water Utility Not Applicable ATTENTION: Ron Straka/Ross Hathaway 1055 Grady Way South Renton, Washington 98055 (425)430-7205 Fax: (425) 235-2541 PROJECT DESCRIPTION: Conduct Dredging, Install Bank Protection, Raise Levees, and Perform Mitigation: Reconstruct 600 feet of Rock Revetment Using Bio-engineering Techniques, Construct a Groundwater -fed Spawning Channel, Plant the River Delta, Reduce Lighting Levels in the Dredge Reach, and Replenish Spawning Gravels in the Upper Cedar River PROJECT LOCATION: Dredging, levee addition, and lighting reduction from the Cedar River mouth upstream to the Williams Avenue bridge; bank protection for 900 feet at the Renton Airport; planting on the river delta; reconstruction of the revetment at the Maplewood Golf Course; construction of a spawning channel just upstream of the mouth of Madsen Creek; replenishment of spawning gravels in the Landsburg area # WRIA WATER BODY TRIBUTARY TO 114 SEC. U-C T'OWNSHIP RANGE COUNTY 1 08.0299 Cedar River Lake Washington 17 23 North 05 East King 18 23 North 05 East King 23 23 North 05 East King NOTE: This HPA is issued with the understanding that the required mitigation is a reasonable amount of effort to attempt to avoid, reduce, and replace any impacts on fish life and habitat; and that further mitigation actions, including the potential removal of the levee portions of the project or, alternatively, other upstream levees on the Cedar River, may be necessary, if so indicated by the results of the required monitoring program. PROVISIONS 1. TIMING LIMITATIONS• Project construction may begin immediately and has been or shall be completed as follows: a. Dredging and bank protection were completed by August 15,.1998. b. Mitigation and monitoring shall occur per the approved plans (Provision 3) and Provisions 4, 5, 6, 8, 12, and 13. 2. NOTIFICATION REQUIREMENT: The Area Habitat Biologist (AHB) listed below shall be contacted at least three working days prior to start of work, and again within seven days of completion of work to arrange for compliance inspection for each project component listed in the above project description. 01001-Dl Palle 1 of 6 HYDRAULIC PROJECT APPROVAL State of Washington Down"•/ RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife 0 FISHaad Region 4 Office 1OLN 16018 NMI Creek Boulevard Mill Creek, Washington 98012 DATE OF :ISSUE: October 28. 1998 LOG NUMBER: 00-D460 -07 Work shall be accomplished per plans and specifications entitled, "FIGURE 4 DREDGE PLAN SHEET 1, SHEET 2, SHEET 3" and "FIGURE 13 MITIGATION PLANTING PLAN I, II, III (Plates M-1, M-2, and M-3)", dated February 17, 1998; "PLATES C-4 to C-21" and "L-J to L-I I", dated March 23, 1998; "FIGURE 7 DREDGING SEQUENCE", (undated); "PLATES C-7, C-14, and C-15", dated April 17, 1998; "FIGURE 11 UPSTREAM PLANTING PLAN", (undated); "FIGUURE 12 PLANTING DETAILS", dated February 9, 1998; "PROPOSED PLANTING AREAS CEDAR RIVER. DELTA CEDAR RIVER 205 MITIGATION PLAN', (undated); "MITIGATION PLAN CEDAR RIVER SECTION 205 FLOOD DAMAGE REDUCTION PROJECT RENTON, WASHINGTON", (undated); CENTRAL REGION FAMO NORTH SOUTH BRIDGE LIGHTING CONTROL PROPOSAL FOR WASHINGTON STATE DEPARTMENT OF FISHERIES", dated May 28, 1998; and CEDAR RIVER US ARMY CORPS OF ENGINEERS (USACE) SECTION 205 FLOOD DAMAGE REDUCTION PROJECT SPAWNING GRAVEL SUPPLEMENTATION PLAN', dated June 5, 1998 and submitted to the WDFW, except as modified by this HPA. These plans reflect design criteria per Chapter 220-110 WAC. These plans reflect mitigation procedures to significantly reduce or eliminate impacts to fish resources. A copy of these plans shall be available on site during construction. 4. Impacts of dredging shall be based on provisionally adopting 15% as the proportion of the sockeye run spawning in the reach from the Renton Library to the river mouth. This proportion may be revised as follows: a. The City of Renton (the City) shall monitor the reach and mitigation channel in coordination with WDFW to determine, over a period of five years following completion of dredging (beginning With the 1998-99 brood year through the 2002-2003 brood year), the average proportion of the total, sockeye escapement that is spawning in the reach and mitigation channel combined. Success will be defined as the five year average proportion equaling or exceeding 15%. b. If the five year average is below 15%, the City shall either construct an additional mitigation channel or modify the existing channel. The size of the channel will be based on the shortfall and the observed spawner use rate (# females/sq. yard) in the initial mitigation channel. c. The provisional measure of 15% may be modified, at the discretion of WDFW, based on any new information collected during the course of the monitoring program that results in a more accurate estimation of the fry -to -lake contribution from the dredged reach. d. The City shall identify and set aside land that could be used for further mitigation should it become necessary. Details of such land shall be provided to WDFW for recording in the HPA by October 31, 1998. Monitoring shall include: a. evaluation of scour and/or deposition upstream of the dredged river reach as follows: Prior to commencement of fall salmon spawning in 1998 and in 1999, scour chains shall be installed in spawning riffles, on transects of five per riffle, with transects not more than 500 feet apart, for one mile upstream of the dredged river reach. This reach shall be evaluated in 1/4 mile strata in July 1999 and July 2000; six inches or more of scour or fill on 40% or more of the scour chains within a stratum shall constitute an impact which Will require additional mitigation. (Additional mitigation for Chinook salmon would include either dike removal or setback in upstream reaches or bridge modification to reduce constrictions.) The City shall use the methods described in the Northwest Indian Fisheries Commission salmonid spawning gravel scour module with the following exceptions: length will be 2.5 m; use of an anchor of up to one pound; a wooden float will be used at the free end; and 3/8" cable will be used instead of 3/16". The City shall also: use the monitoring plan recommended by the Tribe on pages seven and eight of attachment #3; provide monitoring records to the Tribe Within one week of the measurements; and consult with the Tribe should discrepancies arise between reports and incidental observations of the Tribe. The AHB shall be consulted and be the final arbiter should issues arise. b. during dredging, twice weekly beach seining in the dredge reach 200 yards above and below the location of dredging for abundance of juvenile Chinook salmon; and 01001-D2 Page 2 of 6 IiYDRAULIC PROJECT APPROVAL State of Washington Dvwuuw 4( RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife Retion 4 Office FM f 16018 M111 Creek Boulevard UMN Mill Creek, Washington 98012 DATE OF ISSUE: October 28. 1998 LOG NUMBER: 00-D4609-07 c. the dredged reach shall be surveyed for Chinook salmon spawning at least once per week from September 1 through November 30, 1998 and 1999; redds and numbers of live and dead salmon shall be recorded; location of Chinook redds shall be mapped and triangulated; the following February, Chinook redds shall be hydraulically sampled to assess survival; details shall be worked out with WDFW Fish Management Program; costs of fry transportation and rearing shall be paid by the permittee. 6. A monitoring report for each monitoring component outlined in the mitigation plan shall be submitted to the WDFW AHB within one month of monitoring completion for each monitoring year. 7. Gravel used in the supplementation program shall generally range in size from one-half to five centimeters in diameter, with at least 50% larger than one centimeter and no more than 10% smaller than one-half millimeter. 8. If permits cannot be secured to allow the gravel supplementation program to be implemented by September 1999, then the City shall use the funds set aside for the program (S 150,000) to create holding pools for Chinook salmon according to suggestions made by the Tribe on pages eight and nine of attachment #3 or an equivalent alternative subject to approval by the AHB. Terms of the document entitled "CTY OF RENTON WASHINGTON STATE DEPARTMENT OF FISH AND WILDLIFE HYDRAULIC PROJECT APPROVAL ESCROW ACCOUNT AGREEMENT", dated June 5, 1998, shall be adhered to. Failure to complete any component of the required mitigation shall result in (at the discretion o " WDFW) either renegotiating the mitigation item(s) or the turning over of funds remaining in the escrow account to WDFW for the purpose of completing the required mitigation and may result in the denial of future maintenance dredging. 10. The City shall erect signs at the Maplewood Golf Course revetment to: a. warn boaters to take reasonable precautions through this reach; and b. describe the nature of this mitigation project and the expected benefits it will have for fish life. 11. Management of large woody debris which becomes entrapped at the Maplewood Golf Course revetment shall occur per item eight on pages nine and 10 of attachment #3. 12. The lighting control proposal (Provision 3) shall be evaluated by Roger Tabor of the U.S. Fish and Wildlife Service (USFWS) or by another person mutually agreed upon by the Tribe, WDFW, and the City. A study plan shall be finalized by December 31, 1998 and implemented in 1999 and 2000. 13. By October 31, 1998, the City and WDFW will convene a meeting with the Tribe and representatives of the USACE, USFWS, and the National Marine Fisheries Service to commence proceedings to determine standards for what constitutes increased impacts from predators on out -migrating sockeye and Chinook juvenile and for standards for any additional mitigation measures that may be required if current mitigation measures are not compensating for any increase in predation caused by the dredging operation. The target date for agreement by the parties is January 31, 1999. 14. Upon completion of the dredging, the riverbed shall contain no pits, potholes, or large depressions to avoid stranding of fish. 15. Equipment shall be operated to minimize turbidity. During excavation, each pass with the bucket shall be complete. Dredged material shall not be stockpiled in the river. 01001-D3 Page 3 of 6 HYDRAULIC PROJECT APPROVAL State of Washington RCW 75.20.100 or RCW 75.20.108 Department of Fhh and Wildlife Sold Region 4 office WOLN 16018 Mill Creek Boulevard 0 Mill Creek, Washington 98012 DATE OF :ISSUE: October 28. 1998 LOG NUMBER: 00-D4609-07 16. Placement of bank protection material waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank or for installation of mitigation features approved by the WDFW. 17. The toe shall be installed to protect the integrity of bank protection material. 18. Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so it will not re-enter the water. 19. Bank toe protection material shall be clean, angular rock and/or large woody debris (LWD), and shall be installed to Withstand 100-year peak flows. River gravels or other round cobbles shall not be used as exterior armor. 20. LWD used to reconstruct the Maplewood Golf Course revetment shall be coniferous material With a minimum diameter at breast height of 24 inches. 21. Geotextile cloth or filter blanket material shall be placed prior to placement of bank protection material. 22. Alteration or disturbance of the existing riparian vegetation shall be limited to that necessary to perform the project components. Plantings, which shall occur per the approved plans (Provision 3), shall be maintained as necessary, including watering as needed, for three full years following planting to ensure 80 percent or greater survival and shall not be removed or trimmed Without prior WDFW approval. 23. If at any time, as a result of project activities, fish are observed in distress, a fish kill occurs, or water quality problems develop (including equipment leaks or spills), operations shall cease and WDFW at (360) 534-8233 and Washington Department of Ecology at (425) 649-7000 shall be contacted immediately. Work shall not resume until further approval is given by WDFW. 24. Erosion control methods shall be used to prevent silt -laden water from entering the river. These may include, but are not limited to, straw bales, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. 25. Prior to starting work, temporary filter fabric, straw bale, or pea gravel -filled burlap bag check dam(s) shall be installed downstream. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. 26. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to the stream. 27. All waste material such as construction debris, silt, excess dirt or overburden resulting from this project shall be deposited above the limits of flood water in an approved upland disposal site. �Q If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 29. Extreme care shall, be taken to ensure that no petroleum products, hydraulic fluid, fresh cement, sediments, sediment - laden water, chemicals, or any other toxic or deleterious materials are allowed to enter or leach into the river. 01001-D4 Page 4 of 6 0 > HYDRAULIC PROJECF APPROVAL. state of Washington DVVU eaf RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife mffad Region 4 Office WULN 16018 Mlll Creek Boulevard Mill Creek, Washington 980 DATE OF ISSI : October 28. 1998 LOG NUMBER: 00-D4609-07 SEPA: EIS by U.S. Army Corps of Engineers adopted December 29, 1997. APPLICATION ACCEPTED: February 23, 1997 ENFORCEMENT OFFICER: Peck 024 [P 1] Larry Fisher (425) 392-9159 °`� ���-•�— for Director Area Habitat Biologist WDFW cc: WDFW: Peter Birch, Ted Muller, Chuck Phillips, Kurt Fresh, Carol Smith Muckleshoot Fisheries Department ATTENTION: Rod Malcom 39015 - 172id Avenue Southeast Auburn, Washington 98002 Washington Department of Ecology ATTENTION: Public Notice Permit Coordinator Post Office Box 47600 Olympia, Washington 98504-7600 National Marine Fisheries Service ATTENTION: Gordy Zillges 510 Desmond Drive Southeast Suite 103 Lacey, Washington 98503-1273 This Hydraulic Project Approval (HPA) pertains only to the provisions of the Fisheries Code (RCW 75.20). Additional authorization from other public agencies may be necessary for this project. This HPA shall be available on the job site at all times and all its provisions followed by the permittee and operator(s) performing the work. This HPA does not authorize trespass. The person(s) to whom this HPA is issued may be held liable for any loss or damage to fish life or fish habitat which results from failure to comply with the provisions of this HPA. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day or a gross misdemeanor charge, possibly punishable by fine and/or imprisonment. All HPAs issued pursuant to RCW 75.20.100 or 75.20.160 are subject to additional restrictions, conditions or revocation if the Department of Fish and Wildlife determines that new biological or physical information indicates the need for such action. The permittee has the right pursuant to Chapter 34.04 RCW to appeal such decisions. All HPAs issued pursuant to RCW 75.20.103 may 01001-D5 Page 5 of 6 HYDRAULIC PROJECT APPROVAL state of Washington Dpwbwd'( RCW 75.20.100 or RCW 75.20.108 Department of Fish and Wildlife YM-� Region 4 Mice WULN 16018 Mill Creek Boulevard 0 Mill Creek, Washington 98012 DATE OF ][SSUE: October 28 1998 LOG NUMBER: 00-D4609-07 be modified by the Department of Fish and Wildlife due to changed conditions after consultation with the petmlittee: PROVIDED HOWEVER, that such, modifications shall be subject to appeal to the Hydraulic Appeals Board established in RCW 75.20.130. APPEALS - GENERAL INFORMATION IF YOU WISH TO APPEAL A DENIAL OF OR CONDITIONS PROVIDED IN A HYDRAULIC PROJECT APPROVAL, THERE ARE INFORMAL AND FORMAL APPEAL PROCESSES AVAILABLE. A. INFORMAL APPEALS (WAC 220-110-340) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100, 75.20.103, 75.20.106, AND 75.20.160: A person who is aggrieved or adversely affected by the following Department actions may request an informal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; or (B) An order Lmposing civil penalties. It is recommended that an aggrieved party contact the Area Habitat Biologist and discuss the concerns. Most problems are resolved at this level, but if not, you may elevate your concerns to his/her supervisor. A request for an INFORMAL REVIEW shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091 and shall be RECEIVED by the Department within 30-days of the denial or issuance of a HPA or receipt of an order imposing civil penalties. The 30-day time requirement may be stayed by the Department if negotiations are occurring between the aggrieved party and the Area Habitat Biologist and/or his/her supervisor. The Habitat Protection Services Division Manager or his/her designee shall conduct a review and recommend a decision to the Director or its designee. If you are not satisfied with the results of this informal appeal, a formal appeal may be filed. B. FORMAL APPEALS (WAC 220-110-350) OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.100 OR 75.20.106: A person who is aggrieved or adversely affected by the following Department actions may request an formal review of: (A) The denial or issuance of a HPA, or the conditions or provisions made part of a HPA; (B) An order imposing civil penalties; or (C) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, Chapter 34.05 RCW. A request for a FORMAL APPEAL shall be in WRITING to the Department of Fish and Wildlife, 600 Capitol Way North, Olympia, Washington 98501-1091, shall be plainly labeled as "REQUEST FOR FORMAL APPEAL" and shall be RECEIVED DURING OFFICE HOURS by the Department within 30-days of the Department action that is being challenged. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be Within 30-days of the date of the Department's written decision in response to the informal appeal. C. FORMAL APPEALS OF DEPARTMENT ACTIONS TAKEN PURSUANT TO RCW 75.20.103 or 75,20.160: A person who is aggrieved or adversely affected by the denial or issuance of a HPA, or the conditions or provisions made part of a HPA may request a formal appeal. The request for FORMAL APPEAL shall be in WRITING to the Hydraulic Appeals Board per WAC 259-04 at 13nvironmental Hearings Office, 4224 Sixth Avenue SE, Building Two - Rowe Six, Lacey, Washington 98504; telephone 360/459-6327. D. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS RESULTS IN FORFEITURE OF ALL APPEAL RIGHTS. IF THERE IS NO TIMELY REQUEST FOR AN APPEAL, THE DEPARTMENT ACTION SHALL BE FINAL VND UNAPPEALABLE. 01001-D6 Paae 6 nf 6 shall allow fifteen calendar days for comment before making a decision. The decision of the director regarding the modification or waiver shall be mailed to, the applicant and to any other person who requests a copy. The decision shall state the reasons for denial or any required mitigation or other conditions imposed. The decision of the director regarding the modification or waiver may be appealed per K.C.C. 21 A.24.030. E. This section shall not apply to the following steep slope hazard areas: 1. Steep slope hazard areas that are unmitigatable landslide hazard areas; and 2. Steep slope hazard areas of slope greater than 70% where either the lot or slope are abutting and above a Class 1 or 2 wetland stream, and associated buffer, or an open stormwater conveyance system. (Ord. 11621 § 70, 1994). 21A.24.080 Sensitive area maps and inventories. A. The distribution of many environmentally sensitive areas in western King County is displayed on maps in the Sensitive Areas Map Folio. Many of the wetlands are inventoried and rated and that information is published in the King County Wetlands Inventory Notebooks. Many flood hazard areas are mapped by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood insurance Study for King County." If there is a conflict among the maps, inventory and site -specific features, the department of development and environmenta(services shall verify the actual presence or absence of the features defined in this title as sensitive areas. The determination may be challenged by the property owner. (Ord. 11621 § 74, 1994: Ord. 10870 § 455, 1993). 21A.24.090 Disclosure by applicant. A. The applicant shall disclose to King County the presence of sensitive areas on the development proposal site and any mapped or identifiable sensitive areas within 100 feet of the applicant's property. B. If the development proposal site contains or is within a sensitive area, the applicant shall submit an affidavit which declares whether the applicant has knowledge of any illegal alteration to any or all sensitive areas on the development proposal site and whether the applicant previously has been found in violation of this chapter, pursuant to K.C.C. Title 23. If the applicant previously has been found in violation, the applicant shall declare whether such violation has been corrected to the satisfaction of King County. (Ord. 10870 § 456, 1993). 21A.24.100 Sensitive area review. A. King County shall perform a sensitive area review for any King County development proposal permit application or other request for permission to proceed with an alteration on a site which includes a sensitive area or is within an identified sensitive area buffer or building setback area. B. As part of the sensitive area review, King County shall: 1. determine whether any sensitive area exists on the property and confirm its nature and type; 2. determine whether a sensitive area special study is required; 3. evaluate the sensitive area special study; 4. determine whether the development proposal is consistent with this chapter; 5. determine whether any proposed alteration to the sensitive area is necessary; and 6. determine if the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the public health, safety and welfare, consistent with the goals, purposes, objectives and requirements of this chapter. (Ord. 10870 § 457, 1993). 21A.24.110 Sensitive area special study requirement. A. An applicant for a development proposal which includes a sensitive area or is within an identified sensitive area buffer shall submit a sensitive area special study to adequately evaluate the proposal and all probable impacts. B. King County may waive the requirement for a special study if the applicant shows, to King County's satisfaction, that: 1 . there will be no alteration of the sensitive area or buffer; 01001-D7 24-6 (King County 12-94) 2. the development proposal will not have an impact on the sensitive area in a manner con- trary to the goals, purposes, objectives and requirements of this chapter; and 3. the minimum standards required by this chapter are met. C. Ir necessary to insure compliance with this chapter, King County may require additional information from the applicant, separate from the special study. (Ord. 10870 § 458, 1993). 21A.24.120 Contents of sensitive area special study. A. The sensitive area special study shall be in the form of a written report and shall contain the following, as applicable: 1 . identification and characterization of all sensitive areas on or encompassing the develop- ment proposal site; 2. assessment of the impacts of any alteration proposed for a sensitive area or buffer, assessment of the impacts of any alteration on the development proposal, other properties and the environment, and/or assessment of the impacts to the development proposal resulting from development in the sensitive area or buffer; 3. :studies which propose adequate mitigation, maintenance, monitoring and contingency plans and bonding measures; 4. a scale map of the development proposal site; and 5. detailed studies, as required by King County. B. A sensitive area special study may be combined with any studies required by other laws and regulations; and C. If the development proposal will affect only a part of the development proposal site, the county may limit the scope of the required special study to include only that part of the site which may be affected by the development. (Ord. 10870 § 459, 1993). 21A.24.130 Mitigation, maintenance, monitoring and contingency. A. As determined by King County, mitigation, maintenance and monitoring measures shall be in place to protect sensitive areas and buffers from alterations occurring on the development proposal site. B. Where monitoring reveals a significant deviation from predicted impacts or a failure of mitigation or maintenance measures, the applicant shall be responsible for appropriate corrective ac- tion which, when approved, shall be subject to further monitoring. (Ord. 10870 § 460, 1993). 21A.24.140 Financial guarantees. Financial guarantees shall be required consistent with the provisions of Ordinance 12020. (Ord. 12020 § 54, 1995: Ord. 10870 § 461, 1993). 01001-D8 24-7 (King County 12-95) STATE Of WASHINGTON DEPARTMENT OF ECOLOGY P.O. Box 47600 • Olympia, Washington 98504-7600 (360) 407-6000 • TDD Only (Hearing Impaired) (360) 407-6006 June 22, 1998 CERTIFIED MAIL Mr. Ronald Straka City of Renton 200 Mill Ave S Renton, WA 98055 Dear Mr. Straka: RE: Coverage Under the Stormwater General Permit for Construction Activity Permit Number: S03-003240 Site Name: Cedar River Section 205 Flood Damage Reduction Project Location: Along lower Cedar River in Renton Renton, WA The Washington Department of Ecology has reviewed your application for coverage under the Stormwater General Permit for construction activity. We are granting coverage under the permit as of the date indicated on the cover page of the enclosed permit. Please note your Permit Number on this letter and on the cover page of the enclosed permit. Use this number on any future correspondence with Ecology for the subject site. An example of a change could be a new contact person, a new owner of the project, or a Notice of Termination form to cancel the permit. The permit covers the site listed in the Site Name portion of this letter. You should promptly notify Ecology of any corrections or of any contiguous construction phases which you want covered under this permit. In such cases, you should submit an additional application (NOI), noting your permit number and marking the change of information box on the NOI. Please read the enclosed permit carefully. As a permittee, you are legally obligated to comply with its terms and conditions. A document called a Fact Sheet has been prepared by Ecology which helps to explain the permit. You may request a copy of the Fact Sheet by calling (360) 407-7156. 01001-El `�'" ell Mr. Ronald Straka June 22, 1998 Page 2 Stormwater Pollution Prevention Plan (SWPPP) The most significant requirement of the permit is the implementation of a Stormwater Pollution Prevention Plan. Plan requirements for construction activities are given in Special Condition S9 of the permit. The purpose of a Stormwater Pollution Prevention Plan is to reduce, eliminate, or prevent the pollution of stormwater through the application of Best Management Practices. As a condition of coverage under this permit, the SWPPP must be written and implementation started prior to the commencement of construction activity. Permit Fees State law (RCW 90.48.465) requires that all permittees pay an annual permit fee. If your permit goes into effect during the State's fiscal year (June 30 - July 1), the initial fees will be prorated to the quarter. Future yearly billing notices will be mailed to you in August. Permits that terminate during the State's fiscal year will have their fees prorated. Ecology will not process refunds if the ending balance of the fee account is less than one hundred dollars ($100). If you would like more information on the fee process, contact Bev Poston, Fee Administrator, Department of Ecology at (360) 407-6425. Appeal You, or a third party, may appeal this decision to cover your facility/site. An appeal may be filed with the Pollution Control Hearings Board, P.O. Box 40903, Olympia, Washington 98504-0903 within thirty days of receipt of this notification. In addition, a copy of the appeal must be served on the Department of Ecology, P.O. Box 47696, Olympia, Washington 98504-7696. Enclosed is a copy of RCW 43.21B.310 which lists the procedures and requirements for the appeal process. Notice of Termination After your site has undergone final stabilization (see definition on page 4 of permit) and all stormwater discharges from construction activities are eliminated, you should complete and submit a Notice of Termination form. A blank Notice of Termination form is included in your permit as Appendix 2. Permit fees will continue until Ecology receives the termination notice. 01001-E2 Mr. Ronald Straka June 22, 1998 Page 3 Renewal This permit expires on November 18, 2000. If you will be discharging stormwater associated with construction activity from your site after November 18, 2000, you must continue coverage under the next permit which will be issued. Unless otherwise notified by Ecology, the Renewal Application included in the permit as Appendix 3 must be submitted to the Department of Ecology at least 180 days prior to the expiration date of the permit. Do not submit the Renewal Application prior to April 23, 2000. Ecology Regional Assistance If you have questions regarding stormwater discharges for your construction site, select the county where your facility is located and call the Ecology staff person assigned to that county: NORTHWEST REGIONAL OFFICE IN 'BELLEVTE Bob Newman (425) 649-7046 Island, San Juan, Skagit, Whatcom Bob Wright (425) 649-7060 Snohomish and Kitsap Ron Devitt (425) 649-7028 King County Please call (360) 407-6437 if you have any questions. Sincerely, --u4L 0, %L�' Melodie A. Selby, P.E., Manager Permit Management Section Water Quality Program Enclosures cc: Ron Devitt, Ecology, NWRO 01001-E3 5D5301700/ 1 Affidavit of Publication State of 'Washington, Counties of King and Snohomish, Tom Egan being duly sworn, says that he/she is the Authorized Agent of Seattle Times Company, publisher of The Seattle Times and representing the Seattle Post-Intelligencer, separate newspapers published daily in King and Snohomish Counties, State of Washington; that they are newspapers of general circulation in said Counties and State; that they have been approved as legal newspapers by orders of the Superior Court of King and Snohomish Counties; that the annexed, being a classified advertisement, was published in: 0 The Seattle Times 5/14/98 The Seattle Times 5/21/98 and not in a supplement thereof, and is a true copy of the notice as it was printed and/or distributed in the regular and entire issue of said paper or papers during all of said period, and that said newspaper or newspapers were regularly distributed to its subscribers during all of said period. .mot Subsc ed and sworn to before me this 25 th day of May, The Cltv Ofenta Rl 200 MITI 8 Avenue S., Renton WA 98W, and the U,S., Army Corps -of Engineers are xeklno cover- age under the Washington State Departmentof Ecology's /7 NPOES Generc Perm Jar. Stormwater DImiharoe Associ- ated with Construction Actigi.. ties-._--- 7ne vrouo:ca P----1 ie f F ttw Notary Public in and for the State of Washington residing at Seattle �.......,...n,....,.. ,?lec Boeing Compony'e Renton to- c71lty arW odiocentcorn mercial and Industrial properties along the Dower 1.25 cones of the Ce- der River. The lower river will be dredged and ievees will be lilt fences for," entire 26 acres clang both banks of the lower 1.25 miles. Additionally, sformwater will be discharged Into the CedarRiverform 2' mitioationw t10*S.' One acre'tit the al it d One Course at rivermile 1 and two -acres at Ylvermlle 5. Stormwoter will be filtered through hayboles and slit fences at these two sites as , well. Wetlands will be protect W by establ Ishec. buffers.. , „- .I An yY Pel�ssoonn detirin to Omen; thcry views to the Deportment of Ecology concerning this op- pilcati. or Interested In the Department's actlon on this ap- plication, may notify the De-. Pcrtment of their, oterest In writing within 30 d.ys.ot the last date of publication of this notice. Comments Can be sub- mitted to the Deaartrtxnt of Ecology at P.O. Box U696, Olympia, Washington 96SU- J 7696. Date of oubiicotlon in the Seattle Times: May la, and May 21, 1"& . 01001-E4 ASSISTANCE AVAILABLE ON STORMWATER GENERAL PERMITS FOR INDUSTRIAL AND CONSTRUCTION STIES (Area Code 360) Linda Matlock, Environmental Specialist 407-6437 -Notice of Intent Applications, Permit Issuance, Record Keeping General Best Management Practices for Stormwater FAX MACHINE NO. (360) 407-6426 MAIL BOX REQUEST LINE: (360) 407-7156 ECOLOGY REGIONAL ASSISTANCE (WATER QUALITY INSPECTORS) If you have questions regarding stormwater runoff from your site or need clarification on stormwater pollution prevention plans, select the county where your facility/site is located and call the Ecology staff person assigned to that county. Bob Newman (425) 6497046 Island, San Juan, Skagit. Whatcom Bob Wright (425) 649-7060 Snohomish and Kitsap Ron Devitt (425) 649-7028 King Dick Schroeder (Industrial) (360) 407-6273 Clallam, Clark, Cowlitz, Grays Harbor, Jefferson, Lewis Loree Randall (Consq. (360) 407-6294 Mason, Pacific, Pierce Skamania, Thurston, Wahlaakum �.::.:i:.vv. vH.wi:�-..-n�.»iivn�.G:•<•w���:v::X'-:4ii:.i....... .' .. - .. ... ..:... - Paul Turner (509) 625-5181 Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman :-�.+.yr..::r.....;^..w.�rT."<c:;;r'(r`r:gas"r�:>:c�.�.cz,,:,:::...,:".,.,.-.:�;•:.:.:e:::..:..�..+:...+..".+...-.. ..: •^...,,.,•......ate o..? ..::;::,. .:!;. �•..o'`.7iCe7��1�R ta`;-X3..?sS:?� .s ,...€g�::���� J�-ft-w:G �:.:::: `. �� .:.. .: �-�..f:r:.?'nL.rv........•.w.ww+v..n....n.'�i���l.Yw�.�, Pamela Perun (509) 454-7969 Benton, Chelan, Douglas, Kittitas, Klickitat, Okanogan, Yakima STORMWATER REFERENCE DOCUMENTS STORMWATER MANAGEMENT_ MANUAL FOR THE PUGET SOUND BASIN Washington Department of Ecology, WDOE 91-75. Manual is being revised to be applicable statewide. Useful to developers, engineers, and construction contractors who need guidance to control erosion and sedimentation from construction projects. It is a good reference for those who need to comply with local government requirements for stormwater runoff. Manual may be used to design treatment Best Management Practices (BMPs) for industrial facilities. Call (360) 407-6614 to request a copy. There is a charge for this document (around $30+) NPDES STORMWATER SAMPLING GUIDANCE DOCUMENT USEPA 833-B-92-001 To obtain a copy of this or other EPA documents, call EPA Region X in Seattle at 1-800-424.4372. EPA Hotline staff request that you have the document title and/or number. NOTE. STORMWATER SAMPLING IS NOT REQUIRED FOR ECOLOGY'S GENERAL STORMWATER PERMITS. YOU MAY CHOOSE TO SAMPLE TO IDENTIFY POLLUTANTS NEEDING CONTROL. SUGGESTIONS FOR QUICK SAMPLING ARE INCLUDED IN ECOLOGY'S SWPPP (WQ-R-93-0I5) REFERENCED ABOVE. USEPA'S DOCUMENT PROVIDES MORE COMPLETE SAMPLING INFORMATION. Revised 2 198 FFRINSERMOC 01001-E5 Chapter 43.21B RCW ENVIRONMENTAL HEARINGS OFFICE --POLLUTION CONTROL HEARINGS BOARD OF THE STATE RCW 43.21B.310 Appeal of orders, permits, and li- ceases. (1) Any order issued by the department or au- thority pursuant to RCW 70.94.211, 70.94.332, 70.105.095, 43.27A.190, 86.16.020. or 90.48.120(2) or any provision enacted after July 26, 1987, or any permit, certificate, or license issued by the department may be appealed to the pollution control hearings board if the appeal is filed with the board and served on the depart- ment or authority within thirty days after receipt of the order. Except as provided under chapter 70.1051) RCW, this is the exclusive means of appeal of such an order. (2) The department or the authority in its discretion may stay the effectiveness of an order during the pen- dency of such an appeal. (3) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21 B.320 to the hearings board for a stay of the order or for the removal thereof. (4) Any appeal must ,contain the following in accord. ance with the rules of the hearings board: (a) The appellant's name and address; (b) The date and docket number of the order, permit, or license appealed; (c) A description of the substance of the order, per- mit, or license that is the subject of the appeal; (d) A clear, separate, and concise statement of every error alleged to have been committed; (e) A clear and concise statement of facts upon which the requester relics to sustain his or her statements of error, and (f) A statement setting forth the relief sought. (5) Upon failure to comply with any final order of the department, the attorney general, on request of the de- partment. may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as noaes- sary, including injunctive relief, to insure compliance with the order. The air authorities may bring similar ac- tions to enforce their orders. (6) An appealable decision or order shall be identified as such and. shall contain a conspicuous notice to the re- cipient that it may be appealed only by filing an appeal with the hearings board and serving it on the department within thirty days of receipt. 11989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1998); (19g7 3rd exs. c 2 § 49. Repealed by 1989 c 2 § 24. effective March 1, 1989). 1987 c 109 16.] Sint dtje --- C tRK��—u�ecti.t vt 1999 c I Sec RCW 70.103D.900 and 70- .105D.910 through 70.105D.921, rtspativei% �+1w-�Sbrt title—{�seractio.--it�r:----bete�►ly. h!— Ca'tie�s--19E7 c 104: Sec notes (olforina RCW 43.2111.001. 01001-E6 Permit No. S03-003240 Coverage Date: 1J�h Z 'U Issuance Date: November 18, 1995 Effective Date: December 18, 1995 Expiration Date: November 18, 2000 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM AND STATE WASTE DISCHARGE GENERAL PERMIT FOR STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVIMS State of Washington DEPARTMENT OF ECOLOGY Olympia, Washington 98504-7696 In compliance with the provisions of The State of Washington Water Pollution Control Law Chapter 90.48 Revised Code of Washington and The Federal Water Pollution Control Act (The Clean Water Act) Title 33 United States Code, Section 1251 et seq. Until this permit expires, is modified or revoked, permittees that have properly obtained coverage under this permit are authorized to discharge to waters of the state in accordance with the special and general conditions which follow. chael T.VynWater Quaager Department of Ecology 01001-E7 Table of Contents 0 Definitions........................................................................................... 1 Acronyms............................................................................................ 5 Introduction......................................................................................... 6 SpecialConditions................................................................................. 6 S 1. Schedule of Compliance................................................................. 6 S2. Permit Coverage .................................................... S3. Authorized Discharges .......................... S4. Discharge Prohibitions.................................................................... 8 S5. Compliance with Standards ............................................. .... 9 S6. Sampling and Analysis.................................................................... 9 S7. Permit Fees............................................................. ........... 10 S8. Solid and Liquid Waste Disposal...................................................... 10 S9. Stormwater Pollution Prevention Plan (SWPPP) for Construction Activities.................................................................................. 10 S10. Notice of Termination (NOT)......................................................... 15 GeneralConditions............................................................................... 16 Notice of Intent for Construction Activity ....................................... Appendix #1 Notice of Termination for Construction Activity ............................... Appendix #2 180 Day Permit Renewal Notice .................................................. Appendix #3 01001-EB Best Management Practices (BMPs - general definition) means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the state. BMPs include treatment systems, operating procedures, and practices to control: plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. In this permit BMPs are further categorized as operational, source control, erosion and sediment control, and treatment BMPs. means the diversion of waste streams from any portion of a treatment facility. Clean Water Act (CWA) means the Federal Water Pollution- Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96483, and 97-117; USC 1251 et seq. Combined Sewer means a sewer which has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance. Constructed Wetland means wetlands intentionally created, on sites that are not natural wetlands, for the primary purpose -of wastewater or stormwater treatment and managed as such. Constructed wetlands are normally considered as part of the stormwater collection and treatment system. Construction Activity means clearing, grading, excavation and any other activity which disturbs the surface of the land. Such activities may include road building, construction of residential houses, office buildings, or industrial buildings, and demolition activity. Construction Dewaterine means the act of pumping ground water or stormwater away from an active construction site. Detention means the temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge. Director means the Director of the Washington Department of Ecology or his/her authorized representative. Disci&&= means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act. Domestic Wastewater means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such ground water infiltration or surface waters as may be present. Ecolo means the Washington Department of Ecology. Equivalent BMPs means operational, source control, treatment, or innovative BMPs which result in equal or better quality of stormwater discharge to surface water or to ground water than BMPs selected from the SWMM. Eatsivalent Stormwater Management Manual means a manual that has been deemed by Ecology as being equivalent to the SWMM. Erosion means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. 01001-E9 Erosion and Sediment Control BMPs means BMPs that are intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, and sediment traps and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs. Erosion and Sedimery Control Plan means a document which describes the potential for erosion and sedimentation problems, and explains and illustrates the measures which are to be taken to control those problems. Einal Stabilization means the completion of all soil disturbing activities at the site and the establishment of a permanent vegetative cover, or equivalent permanent stabilization measures (such as riprap, gabions or geotextiles) which will prevent erosion. Mon M' means Title 40 of the Code of Federal Regulations, which is the codification of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government. General Permit means a permit which covers multiple dischargers of a point source category within a designated geographical area, in lieu of individual permits being issued to each discharger. Grourd Water means water in a saturated zone or stratum beneath the land surface or a surface water body. IIIicit discharge means any discharge that is not composed entirely of stormwater except discharges pursuant to a NPDES permit and discharges resulting from fire fighting activities. Leas at means water or other liquid that has percolated through raw material, product or waste and contains substances in solution or suspension as a result of the contact with these materials. Local Government means any county, city, or town having its own government for local affairs. Munitv�2lii:Y means a political unit such as a city, town or county; incorporated for local self- government. National Pollutant Discharge Elimina+ion Svctem MDE.S) means the national program for issuing, modifying, revoking, and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the state from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington Department of Ecology. Notice 12f Intent (NOn means the application for, or a request for coverage under this General Permit pursuant to WAC 173-226-200. Notice Qf Termination (NOT) means a request for termination of coverage under this general permit as specified by Special Condition S10 of this permit. Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure and container from which pollutants are or may be discharged to surface waters of the state. This term does not include return flows from irrigated agriculture. (See Fact Sheet for further explanation.) PollutaIg means the discharge of any of the following to waters of the state: dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, 2 01001-E10 chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the FWPCA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 4o4 of the FWPCA. Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the state; including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare; or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish or other aquatic life. Process W ct at r means any water which, during manufacturing or processing, comes into direct contact or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Puget Sound Basin means the Puget Sound south of Admiralty Inlet (including Hood Canal and Saratoga Passage); the waters north to the Canadian border, including portions of the Strait of Georgia; the Strait of Juan de Fuca south of the Canadian border; and all the lands draining into these waters as mapped in Water Resources Inventory Areas numbers 1 through 19, set forth in WAC 173-500-040. Sanitary Sewer means a sewer which is designed to convey domestic wastewater. means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits, and is transported by, suspended in, or deposited by water. Sedimetuation means the depositing or formation of sediment. SEBA (State Environmental Policy Act) means the Washington State Law, RCW 43.21C.020, intended to prevent or eliminate damage to the environment. Severe Propem D� means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Stgttlficant Amount means an amount of a pollutant in a discharge that is amenable to available and reasonable methods of prevention or treatment; or an amount of a pollutant that has a reasonable potential to cause a violation of surface or ground water quality or sediment management standards. &gaificant ConMbutor of Pollutant(c) means a facility determined by Ecology to be a contributor of a significant amount(s) of a pollutant(s) to waters of the state of Washington. Sigz (ficant Materials includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances- designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Sdf means the land or water area where any "facility or activity" is physically located or conducted. Source Control BMPc means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion 3 01001-E11 control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. �1ab11iration means the application of appropriate BMPs to prevent the erosion of soils, such as, temporary and permanent seeding, vegetative covers, mulching and matting, plastic covering and sodding. See also the definition of Erosion and Sediment Control BMPs. Storm Sewer means a sewer that is designed to carry stormwater. Also called a storm drain. &=valer means rainfall and snow melt runoff. StomnvaterDrainage System means constructed and natural features which -function together as -a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate or divert stormwater. Sio vater Management Manual for the Puget Sound Basin (SWMM) or M niud means the technical manual prepared by Ecology for use by local governments and published in 1992, or statewide revisions when they become available, that contain descriptions of and design criteria for BMPs to prevent, control., or treat pollutants in stormwater. StonrtNvater Pollution Prevention Plan (SWPPP) means a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater. SuZ(=' Waters of the State includes lakes, rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Tent BMPs means BMPs that are intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration, and constructed wetlands. �ZSEPd, means the United States Environmental Protection Agency. Water t2ualia means the chemical, physical, and biological characteristics of water, usually with respect to its suitability for a particular purpose. Waters qf the State includes those waters as defined as 'waters of the United States' in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and 'waters of the state' as defined in Chapter 90.48 RCW which include lakes, rivers, ponds, streams, inland waters, underground waters, salt wagers and all other surface waters and water courses within the jurisdiction of the state of Washington. 01001-E12 BMP Best Management Practice CERCLA Comprehensive Environmental Response Compensation & Liability Act CFR Code of Federal Regulations CWA Clean Water Act EPA Environmental Protection Agency ESC Erosion and Sediment Control FWPCA Federal Water Pollution Control Act NOI Notice of intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System RCRA Resource Conservation and Recovery Act RCW Revised Code of Washington SEPA State Environmental Policy Act SWMM Stormwater Management Manual for the Puget Sound Basin SWPPP Stormwater Pollution Prevention Plan USC United States Code USEPA United States Environmental Protection Agency WAC Washington Administrative Code WQ Water Quality 01001-E13 Introduction The Ecology. stormwater pollution control program is based, in part, on the federal regulations of 40 CFR Parts 122, 123, and 124 Subchapter D (Water Programs) issued on November 16, 1990, and the implementation of section 402(p) of the Federal Clean Water Act. The goals of these federal regulations are to reduce or eliminate stormwater pollution from construction activity by requiring the implementation of technology based Stormwater Pollution Prevention Plans (SWPPP), and to eliminate surface water quality standards violations caused by stormwater. Under the authority of Chapter 90.48 RCW, Ecology has expanded the scope of its stormwater program 'beyond the federal government's goals. Ecology's program requires compliance with ground water quality and sediment management standards for those operations that are required to obtain an NPDES permit for a stormwater discharge to surface waters or storm drains. To comply with 40 CFR Parts 122, 123, and 124, and pursuant to the provisions of Chapters 90.48 and 90.52 '.RCW and Chapter 173-226 WAC, all those who file a Notice of Intent and are covered under this baseline general permit (see Special Condition S2) shall comply with the following: Special Conditions S1. ;Schedule of Compliance A. Notice of Intent (Non Submission Deadline The permit application called a Notice of Intent (NOI) shall be submitted to Ecology on or before the date of the first public notice and at least 38 days prior to the start of construction activities. (see NOI instructions in Appendix 1) 13. Public Notice Requirement At the time of application the permittee must publish a notice that they are seeking coverage under Ecology's general stormwater permit for construction activities. This notice must be published at least once each week for two consecutive weeks, in a single newspaper which has general circulation in the county in which the construction is to take place. Refer to the NOI instructions for public notice language requirements. State law requires a 30 day public comment period prior to permit coverage, therefore permit coverage will not be granted sooner than 3131 days after the date of the last public notice. C. Stormwater Pollution Prevention Plan (SWPPP) Deadlines Permit coverage will not be granted until the permittee has indicated completion of the SWPPP or certified that development of a SWPPP in accordance with S9 of this permit will occur prior to the commencement of the construction activity. SWPPPs are not submitted to Ecology but retained on -site or within reasonable access to the site to be made available to Ecology and local governmental agencies upon request. El. State Environmental Policy Act (SEPA) Notification The permittee must comply with the SEPA process and provide the following information prior to receiving permit coverage: the type of SEPA document required, the date and agency which issued the final determination and whether or not the permittee is aware of any appeals of the adequacy of the SEPA document. If the above information is not supplied on the NOI it must be supplied in writing to Ecology prior to permit coverage. 01001-E14 S2. Permit Coverage A. How to Obtain Coverage Coverage under this general stormwater permit for construction activities may be obtained by submitting a NOI to Ecology to discharge "Stormwater Associated With Construction Activity" (Appendix 1). Ecology intends to notify applicants by mail of their status concerning coverage under this permit within 10 working days of Ecology's receipt of a complete NOI. An NOI is =X deemed complete after it is fully filled out and signed, and a final SEPA determination has been made, the applicant has certified that a SWPPP will be developed prior to the start of construction, the 30 day public comment period has been satisfied; and all other-NOI information has been supplied. Upon receipt of a complete NOI Ecology will notify the applicant of their permit status either through written authorization of permit coverage or by sending a letter to the applicant giving a date when permit coverage will automatically commence. Coverage will begin from the date of Ecology's written authorization or will automatically commence on the date specified by Ecology. Applicants which discharge stormwater associated with construction activity to a storm drain operated by any of the following municipalities shall submit a copy of the NOI to the municipality. Seattle, King County, Snohomish County, Tacoma, Pierce County, Clark County, Spokane County, and Washington Department of Transportation (WSDOT), if discharge occurs within these permit areas. B. Construction Activities Required to Seek Coverage Construction Activity which results in the disturbance of five acres or more of land (or other minimum land area to be determined by federal regulation), including clearing, grading and excavation activities; and those sites or common plans of development or sale that will result in the total disturbance of five acres or more land area and also have a discharge of stormwater to a surface water or storm drain. C. Construction Activities not Required to Apply The following construction activities are not required to apply for coverage under this permit to discharge stormwater associated with construction activity: I. Any construction project owned by a municipality with a population of less than 100,000, in accordance with the most recent decennial census by the United States Bureau of Census; 2. Construction activities which discharge stormwater only to the ground through infiltration basins, dry wells,- drain fields, -and -any other discharge to the ground and have no point source discharge to surface water or a municipal storm sewer; Any part of a facility with a stormwater discharge resulting from remedial action conducted by the USEPA or Ecology or a potentially liable/responsible person under an order or consent decree issued under the Comprehensive Environmental Response, Compensation, and Liability Act. These facilities must still comply with the requirements in this general permit determined by Ecology to be applicable, relevant, and appropriate requirements under these Iaws; 01001-E15 4. Any emergency construction activity required to protect public health and safety; 5. Any construction activity for routine maintenance of existing facilities to maintain original line and grade, or hydraulic capacity. D. Facilities EXCLUDED from Coverage Under This Permit Ecology will not consider coverage for the following facilities: 1. Nonpoint source silvicultural activities; such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface -drainage, or road construction and maintenance from which there is natural runoff as excluded in 40 CFR Subpart 122.27; 2. Construction projects that are federally owned or operated or are on Tribal land, or discharge stormwater directly to tribal waters with EPA approved water quality standards, including portions of the Puyallup River and other waters on trust or restricted lands within the 1873 Survey Area of the Puyallup Tnbe of Indians Reservation; 3. Stormwater discharges that originate from the site after construction activities have been completed and the site has undergone final stabilization; 4. Any facility covered under an existing NPDES individual or general permit in which stormwater management or treatment requirements or both are included for all stormwater discharges associated with construction activity. E. Coverage for Significant Contributors of Pollutants This permit may also cover any construction activity discharging stormwater which Ecology determines to be a significant contributor of pollutants to waters of the state of Washington or may reasonably be expected to cause a violation of a water quality standard. F. Coverage for Discharges to Ground Water This permit also covers discharges of stormwater associated with construction activity to ground water from any facility which has a discharge of stormwater to a surface water or a storm sewer requiring permit coverage. S3. Aiuthorized Discharges This permit authorizes the discharge of stormwater and construction dewatering waters associated with construction activity to waters of the state of Washington and/or to municipal storm drains fi•om construction sites owned -or operated by perminees-identified in Special Condition S2 (Permit Coverage). �. Man.i.i .M, A. Discharges to a storm drain or surface water of process wastewater, domestic wastewater or noncontact cooling water not covered by a NPDES permit are prohibited. 01001-E 16 B. Discharges of stormwater to sanitary or combined sewers shall be limited pursuant to Chapter 173-245 WAC. Discharges of stormwater to sanitary or combined sewers shall not occur without the approval of the municipality which owns or operates the sanitary or combined sewer system. C . This permit does not authorize illicit discharges, including spills of oil or hazardous substances, nor does it relieve entities from obligations under state and federal laws and regulations pertaining to those discharges. S5. Compliance with Standards The permittee is responsible for achieving compliance with state of Washington surface water quality standards (Chapter 173-201A WAC), sediment management standards (Chapter 173-204 WAC), ground water quality standards (Chapter 173-200 WAC), and human health based criteria in the National Tonics Rule (Federal Register, Vol. 57, No. 246, Dec. 22, 1992, pages 60848- 60923). Where construction sites are not in compliance with these standards, the permittee shall take immediate action(s) to achieve compliance by implementing additional BMPs and/or improved maintenance of existing BMPs. For permit compliance purposes compliance with standards means: i) An adequate SWPPP has been prepared and fully implemented; ii) The SWPPP and its implementation are adequate to prevent the discharge of toxic pollutants, floating materials, and erosion; and iii) All available and reasonable means have been taken to prevent the discharge of settleable solids and to reduce turbidity in discharges directly or indirectly to surface waters. In determining compliance Ecology will consider: i) Weather conditions as related to design storms for BNM; ii) Available dilution and background conditions in the receiving water if the SWPPP and its implementation are determined adequate; and iii) Other requirements of Chapters 173-200 WAC, 173-201A WAC, and 173-204 WAC. Sampling and analysis of stormwater for pollutants and ground water, surface water, or sediments for impacts of stormwater discharges are not required by this permit. However, sampling and analysis are encouraged and may be appropriate during the development and implementation of the SWPPP. Analysis conducted in accordance with 40 CFR Part 136 and Puget Sound Estuary Program Protocols is recommended but not required. Sampling procedures may be conducted in accordance with USEPA's NPDES Stormwater Sampling Guidance Document (EPA 833-B-92- 001), July 1992, or Ecology guidance when it becomes available. 9 01001-E17 Sampling and analysis may be needed on a case -by -case basis for the discharge of construction dewatering waters to ensure compliance with standards. Dewatering in areas where the potential for ground water contamination exists should not be discharged without characterization of the ground water to be discharged. For guidance on the discharge of dewatering waters contact your Ecology Regional Office. ST Permit Fees Annual payment of fees in accordance with RCW 90.48.465 is a condition of this permit. Fees for stormwater discharges covered under this permit shall be established by Chapter 173-224 WAC. The following requirements apply in the handling of solid and liquid wastes generated in compliance with the requirements of this general permit: A. Disposal of waste materials from maintenance activities, including liquids and solids from cleaning catch basins and other stormwater facilities, shall be conducted in accordance with the Minimum Functional Standards for Solid Waste Handling, Chapter 173-304 WAC, and where appropriate, the Dangerous Waste Regulations, Chapter 173-303 WAC. B. Leachate from the solid waste material handling and disposal sites shall not be discharged to state ground or surface waters without providing all known, available, and reasonable methods of treatment, nor shall such leachate cause violations of the state water quality standards for ground water or surface water or violations of sediment management standards. Stormwater Pollution Preventionforg.,ojction Activities A SWPPP for construction activity, including construction dewatering, shall be prepared and implemented in accordance with the schedule of Special Condition S1 and the requirements of this Special Condition. A. Objectives 1. To implement Best Management Practices (BMPs) to minimize erosion and sediments from rainfall runoff at construction sites, and to identify, reduce, eliminate, or prevent the pollution of stormwater. 2. To prevent violations of surface water quality, ground water quality, or sediment management standards. To prevent, during the construction phase, adverse water quality impacts including impacts on beneficial uses of the receiving water by controlling peak rates and volumes of stormwater runoff at,the perminee's outfalls and downstream of the outfalls. 10 01001-E 18 4. To eliminate the discharges of unpermitted process wastewater, domestic wastewater, illicit discharges, and non -contact cooling water to stormwater drainage systems and surface waters of the state. B. General Requirements 1. The site owner shall be the permittee and responsible for the implementation of a SWPPP. At construction sites for which a lease, easement, or other use agreement has been obtained from the site owner, the entity obtaining the use agreement shall be the permittee. The SWPPP shall be prepared sufficiently in advance of construction to allow the contractor sufficient time to plan the implementation of the SWPPP. 2. The permittee shall designate on the NOI, a contact person who will be available 24 hours a day to respond to emergencies, and to inquiries or directives from Ecology. The contact person shall have authority over the SWPPP implementation. While the site owner is ultimately responsible for proper activities under the general permit and for proper implementation of the SWPPP, both the owner and/or operator of the site may be held liable for any permit violations. The permittee shall retain the SWPPP on -site or within reasonable access to the site and make it available upon request to Ecology and local governmental agencies with jurisdiction. If stormwater is discharged to a municipal storm drain system, the SWPPP shall be available to the municipality upon request. The public may obtain a copy of a permittee's SWPPP by request from Ecology. The permittee shall retain the SWPPP and copies of the Notice of Intent, inspection reports and all other reports required by this permit for, at least three years after the date of final stabilization of the construction site. The permittee shall make these documents available upon request to Ecology and to the local government agencies with jurisdiction. 5. Reports on incidents, such as discharge of spills and other noncompliance notification (see G3), shall be included in the records. Modifications: a. Ecology may notify the permittee when the SWPPP does not meet one or more of the requirements of this Special Condition S9. Upon notification by Ecology, the permittee shall take appropriate action(s) to come into compliance with this Special Condition S9. Ecology may require SWPPP and BMP modifications if compliance with standards is not being achieved as required in accordance with Special Condition S5. C. The permittee shall modify the SWPPP whenever there is a change in design, construction, operation, or maintenance of any BMP which cause(s) the SWPPP to be less effective in controlling the pollutants. 11 01001-E19 d. Whenever a self -inspection reveals that the description of pollutant sources or the BMPs identified in the SWPPP are inadequate, due to the actual discharge of or potential to discharge a significant amount of any pollutant, the SWPPP shall be modified, as appropriate. The permittee shall provide for implementation of any modifications to the SWPPP in a timely manner. Applicability of Current and Future Editions of the Stormwater Management Manual for the Puget Sound Basin (SWMK: a. BMPs shall be selected from the most recent published edition of the SWMM, that has been available for at least 120 days prior to BMP selection, or other equivalent- manuals available- at the time of BMP selection -or when -the selection of additional BMPs is necessary. If new BMPs are required they shall be implemented in accordance with Special Condition S9.13.6. C. SWPPP Contents and Requirements: The SWPPP shall consist of and make provision for the following: 1. An Erosion and Sediment Control Plat: The Erosion and Sediment Control Plan shall describe stabilization and structural practices, both of which shall be implemented to minimierosion and the transport of sediments. a. Stabilization Practices: The Erosion and Sediment Control Plan shall include a description of stabilization Best Management Practices (BMPs), including site -specific scheduling of the implementation of the practices. Stabilization practices may include: temporary seeding, permanent seeding, mulching, geotextiles, sod stabilization, vegetative buffer strips, protection of trees, preservation of mature vegetation, and other appropriate measures. A record of the dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be included in the plan. Stabilization measures shall be initiated as soon as practicable in portions of the site where construction activities have temporarily or permanently ceased. The plan shall ensure that the following requirements are satisfied: i) All exposed and unworked soils shall be stabilized by suitable and timely application of BMPs. ii) Existing vegetation should be preserved where attainable. In the field, mark areas which are not to be disturbed, including setbacks, .sensitive/critical areas and their buffers, trees and drainage courses shall be marked or flagged on site before construction activities are initiated. These areas should not be harmed when measures under the SWPPP and/or construction activities are undertaken. iii) Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. Slopes shall be stabilized in accordance with requirement a. above. 12 01001-E20 iv) Stabilization adequate to prevent erosion of outlets and adjacent stream banks shall be provided at the outlets of all conveyance systems. v) All storm drain inlets made operable during construction shall be properly maintained. vi) Where ever construction vehicle access routes intersect paved roads, provisions must be made to minimize the transport of sediment (mud) onto the paved road. If sediment is transported onto a road surface, the roads adjacent to the construction site shall be cleaned on a regular basis. Street washing -shall -be-allowed only after other methods to prevent the transport or to remove the sediments are unsuccessful. b. Structural Practices: In addition to stabilization practices, the Erosion and Sediment Control Plan shall include a description of structural BMPs to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable. Such practices may include silt fences, earth dikes, drainage swales, sediment traps, check dams, subsurface drains, pipe slope drains, level spreaders, storm drain inlet protection, rock outlet protection, reinforced soil retaining systems, gabioas, and sediment basins. Structural practices should be placed on upland soils to the degree attainable. The installation of these devices may be subject to Section 404 of the Federal Clean Water Act. The plan shall ensure that the following requirements are satisfied: i) Prior to leaving the site, stormwater runoff shall pass through a sediment pond or sediment trap, or other appropriate BMPs. ii) Properties adjacent to the project site shall be protected from sediment deposition. iii) Sediment ponds and traps, perimeter dikes, sediment barriers, and other BMPs intended to trap sediment on -site shall be constructed as a fast step in grading. These BMPs shall be functional before land disturbing activities take place. Earthen structures used for sediment control such as dams, dikes, and diversions shall be stabilized as soon as possible. iv) Properties and waterways downstream from the construction site Shall be protected from erosion due to increases in volume, velocity, and peak flow of stormwater runoff from the project site. v) All temporary erosion and sediment control BMPs Shall be removed within 30 days after final site- stabilization is achieved or after the temporary BMPs are no longer needed. Trapped sediment shall be removed or stabilized on -site. Disturbed soil areas resulting from removal shall be permanently stabilized. 13 01001-E21 C. Selection of Stabilization and Structural BMPs: Permiu= within the Puget Sound Basin shall select from BMPs described in Volume II of the most recent edition of Ecology's Stormwater Management Manual (SWMM) that has been available at least 120 days prior to the BMP selection, or other equivalent and appropriate BMPs to comply with the requirements listed in sections a. and b. above. Permittees outside the Puget Sound Basin shall select from BMPs described in the Erosionand Sediment ontrol Handbook, by Goldman et al; Volume II of the most recent edition of Ecology's SWMM, that has been available at least 120-days prior to the BMP selection, as adapted for local conditions using best professional judgment; or other equivalent and appropriate BMPs to comply with the requirements listed in subsections a. and b. above. d. Inspection and Maintenance: All BMPs shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. All on -site erosion and sediment control measures shall be inspected at least once every seven days and within 24 hours after any storm event of greater than 0.5 inches of rain per 24 hour period. Recordkeeping: Reports summarizing the scope of inspections, the personnel conducting the inspection, the date(s) of the inspection, major observations relating to the implementation of the SWPPP, and actions taken as a result of these inspections shall be prepared and retained as part of the SWPPP. Compliance Reporting Requirement: Compliance with the maintenance and schedule requirements of the SWPPP and other schedule requirements of this permit constitutes compliance with the reporting requirements of WAC 173-226-180. g. Format: The Erosion and Sediment Control Plan shall consist of two parts: a narrative and a set of site plans. Permittees may refer to Chapter 11-4 of Ecology's SWMM for guidance on the content and format. 2. Control of Pollutants Other Than Sediment on Construction Sites: All pollutants other than sediment that occur on -site during construction shall be handled and disposed of in a manner that does not cause contamination of stormwater. Chapter II-3 of the SWMM can be referenced for guidance in controlling other potential pollutants. 14 01001-E22 Coordination with Local Requirements: This permit does not relieve the permittee of compliance with any more stringent requirements of local government. Also, as required by the Puget Sound Water Q3,ajily Manneement Yin local governments within the Puget Sound Basin are to adopt requirements for construction which are at least equivalent to the requirements listed in Chapter I-2 of Ecology's SWMM. Where Ecology has determined such requirements to be equivalent, compliance with these requirements meets the SWMM requirements of this permit. S10. Notice of Termination (NOT) After the site has undergone final stabilization, and all stormwater discharges from soil disturbing activities have ceased, and all exposed soils have a permanent vegetative cover, or equivalent permanent stabilization measure which prevent erosion, the permittee shall submit a Notice of Termination form (Appendix 2 of this permit). A Notice of Termination, that is signed in accordance with General Condition G20 of this permit, will end permit coverage and the responsibility of the permittee(s) to be subject to the conditions of this permit. The permittee is responsible for submitting the termination notice in order to end permit coverage. Unless the permit is terminated, Ecology will continue to assess a fee for the permit. Where the site owner changes, the site owner listed as the permittee shall submit a NOT that is signed in accordance with General Condition G20 of this permit. The new site owner shall submit a new Notice of Intent. 01001-E23 15 General Conditions G1. Discharge Violations: All discharges and activities authorized by this permit shall be consistent with the terms and conditions of this permit. G2• R der Operation and Maintenancc: The Permittee shall at all times properly operate and maintain all facilities and systems of collection, treatment, and control (and related appurtenances) which are installed or used by the Permittee for pollution control. G3. Non-comnli no Nnti&adon• If for any reason, the Permirtee does not comply with, or will be unable to comply with conditions specified in the permit, the Permittee shall, at a minimum, provide the Department of Ecology (Ecology) with the following information: A. A description of the nature and cause of noncompliance, including the quantity and quality of any unauthorized waste discharges; B. The period of noncompliance, including exact dates and times and/or the anticipated time when the Permittee will return to compliance; and C. The steps taken, or to be taken, to reduce, eliminate, and prevent recurrence of the noncompliance. In addition, the Permittee shall take immediate action as expeditiously as practicable, to stop, contain, and clean up any discharge of spills and take all reasonable steps to minimize an adverse impacts to waters of the state and correct the problem. The Permittee shall notify Ecology by telephone so that an investigation can be made to evaluate any resulting impacts and the corrective actions taken to determine if additional action should be taken. In the case of any discharge which could constitute a threat to human health, welfare, or the environment, 40 CFR Part 122 requires that the information specified in Sections W.A., G3.B., and G3.C., above, shall be provided not later than 24 hours from the time the Permittee becomes aware of the circumstances. If this information is provided orally, a written submission covering these points shall be provided within five days of the time the Permittee becomes aware of the circumstances, unless Ecology waives or extends this requirement on a case -by -case basis. Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the conditions of this permit or the resulting liability for failure to comply. G4. Bypass Pro ibited: The intentional bypass of stormwater from all or any portion of a stormwater treatment system whenever the design capacity of the treatment system is not exceeded, is prohibited unless the fallowing conditions are met: 01001-E24 16 A• Bypass is: 1) unavoidable to prevent loss of life, personal injury, or severe property damage; or 2) necessary to perform construction or maintenance -related activities essential to meet the requirements of the Clean Water Act and authorized by administrative order; and B. There are no feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated stormwater, maintenance during normal periods of equipment down time, or temporary reduction or termination of production; The Permittee shall allow an authorized representative of Ecology- upon the presentation of credentials and such other documents, as may be required by law: A. To enter upon the premises where a discharge is located or where any records must be kept under the terms and conditions of this permit; B. To have access to and copy at reasonable times any records that must be kept under the terms of the permit; C. To inspect at reasonable times any monitoring equipment or method of monitoring required in the permit; D. To inspect at reasonable times any collection, treatment, pollution management, or discharge facilities; and E. To sample at reasonable times any discharge of pollutants. Pursuant with Chapter 43.21B RCW and Chapter 173-226 WAC, the director may terminate coverage under this General Permit. Cases where coverage may be terminated include, but are not limited to the following: A. Violation of any term or condition of the general permit; B. Obtaining coverage under a general permit by misrepresentation or failure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; D. A determination that the permitted activity endangers human health or the environment, or contributes significantly to water quality standards violations; E. Failure or -refusal of the permittee -to allow entry as required in RCW 90.48.090; F. Nonpayment of permit fees assessed pursuant to RCW 90,48.6I0; G. Failure of the permittee to satisfy the public notice requirements of WAC 173-226-130(6); or Revocation of coverage under a general permit may be initiated by Ecology or requested by any interested person. 17 01001-E25 G7. Transfer of _overa e: Pursuant with Chapter 43.21 RCW and Chapter 173-226 WAC, the director may require any discharger authorized by this general permit to apply for and obtain an individual permit or to apply for coverage under an industry -specific general permit. .,. ...�� U.diffiF •1 .1i I; .. General permits may be modified, revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification, revocation and reissuance, or termination include, but are not limited to, the following: A. A change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under the general permit; B. Effluent limitation guidelines or standards are promulgated pursuant to the FWPCA or chapter 90.48 RCW, for the category of dischargers covered under the general permit; C. A water quality management plan containing requirements applicable to the category of dischargers covered under the general permit is approved; or D. Information is obtained which indicates that cumulative effects on the environment from dischargers covered under the general permit are unacceptable. A Permittee who knows, or has reason to believe, that any activity has occurred or will occur which would constitute cause for revocation or transfer of coverage under General Conditions G6 and G7 respectively, or 40 CFR Subpart 122.62, must report such plans, or such information to Ecology. Activities which shall be reported include facility expansions, production increases, or process modifications which will: 1) result in new or substantially increased discharges of pollutants into stormwater or a change in the nature of the discharge of ipollutants into stormwater; or 2) violate the terms and conditions of this permit. Ecology may then require submission of a new Notice of Intent or an application for an individual permit. ;Submission of a new Notice of Intent for coverage under this or another general permit, or an application for an individual permit does not relieve the Permittee of the duty to comply with the terms and conditions of the existing permit until the new notice of intent has been approved or an individual permit has been issued. G10. :toxic Pollutants: If any applicable toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Clean Water Act for a toxic pollutant and that standard or prohibition is more stringent than any }imitation upon -such pollutant in this general permit, Ecology shall institute proceedings to modify or revoke and reissue this general permit to conform to the new toxic effluent standard cr prohibition. ..13 a 10 A E.R All other requirements of 40 CFR Subpart 122.41 and 122.42 are incorporated in this permit by reference. 18 01001-E26 •u• .• ; 1 • • •• 1 Nothing in this permit shall be construed as excusing the Permittee from compliance with any applicable federal, state, or local laws, ordinances, or regulations. ;.. ... �•• .�•- Ecology may establish specific monitoring requirements in addition to those contained in this permit by administrative order or permit modification. G14. Removed Substances: Collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of stormwater shall not be resuspended or reintroduced to the final effluent stream for discharge to state waters. G15. Duty to Reapply: The Permittee must reapply for coverage under this general permit, at least 180 days prior to the specified expiration date of this permit. An expired general permit continues in force and effect until a new general permit is issued or until the department cancels it. Only those facilities which have reapplied for coverage under the general permit are covered under the continued permit. •Orr, • • ' OR • F. • Coverage under this permit is not transferable to any other person or entity except in compliance with WAC 173-226-210. The new operator shall submit a new Notice of Intent for coverage under this or another general permit, or apply for and obtain an individual discharge permit. The previous operator shall submit a Notice of Termination. Any discharger authorized by a general permit may request to be excluded from coverage under the general permit by applying for an individual permit. The discharger shall submit to the director an application as described in WAC 173-220-040 (NPDES permit program), with reasons supporting the request. The director will either issue an individual permit or deny the request with a statement explaining the reason for denial. G18. A= : A. The terms and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.2113 RCW, and Chapter 173-226 WAC. B. The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.21B RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit's applicability or nonapplicability to that individual discharger. 01001-E27 19 C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general permit. If the terms and conditions of this general permit are found to be inapplicable to any individual discharger(s), the matter shall be remanded to the department for consideration of issuance of an individual permit or permits. The Permittee shall maintain records required as a condition of the application for, as a condition of coverage under, and as conditions of this permit. The Permittee shall retain for a minimum of five (5) years reports required by this permit. This period of retention shall be extended during the course of any unresolved litigation regarding the discharge of pollutants by the permittee or when requested by the department or regional administrator. Upon termination of coverage under this permit, the owner shall retain all records and reports required under this General Condition for at least three (3) years from the date of termination of coverage under this permit. ONE All Notices of Intent and Termination, plans (including the SWPPP), reports, certifications or information either submitted to the Department of Ecology or to the operator of a municipal storm sewer system, (or that this permit requires be maintained by the permitice), shall be signed as follows: A. In the case of corporations, by a responsible corporate officer or a duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge originates. E. In the case of a partnership, by a general partner. C. In the case of a sole proprietorship, by the proprietor. D. In the case of a municipal, state or other public agency, by either a principal executive officer, ranking elected official, or other duly authorized employee. Except for flow, temperature and internal process control parameters, sampling and analysis data required as a condition of coverage under this general permit shall be prepared by a laboratory accredited under the provisions of Chapter 173-50 WAC (Accreditation of Environmental Laboratories). iU •: • yq yq • • yr• � - :•-~��•v�yaec.�iygol� Unless the department responds in writing to an application for coverage, coverage of a discharger under a general permit will automatically commence on the later of the following: A. On the effective date of the general permit; B. On the 31st day following the end of the 30 day comment period required by WAC 173- 226-130(5)(iv) for new operations; 20 01001-E28 C. On the 31st day following receipt by the department of a completed application for coverage under a general permit; or D. On the coverage date specified in this permit. When an individual permit is issued to a discharger otherwise subject to this general permit, the applicability of the general permit to that permittee is automatically terminated on the effective date of the individual permit. When coverage under an industry -specific general permit is granted to a discharger otherwise subject to this general permit, the applicability of this general permit to that permittee is automatically terminated 90 days after the effective date of the industry -specific general permit. G24. Severability The provisions of this permit are severable, and if any provision of this permit, or application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. 01001-E29 r 21 Application for General Permit to Discharge Stormwater Associated with ❑ Change of Information Construction Activity ErC�OtL�OtG �Y Permit # S03 --_-- (Notice of Intent) --- Wlease print in ink or type) Please Read NOI Instructions Before Filling Out This Form I. Contact Person iI. Owner/Representative of Site !All ...t_ .en Contact Name �SS WA-, Phone No. •- --- -----_ ...0 — ...ancU IICICI Owner's Name Phone No. .4—Ar </zs) 277-EG�T �oNAL;, �i �.►�1 Company Company Name (fr i Y O F -iZE:/V -ro ti i i O F 7F -it3 &/ Mailing Address Mailing Address Zoe 14r4.L A✓z s . ,-'Oc, I-ft[L A✓d S . City State Zip + 4 `78us City ` State Zip + 4 OVA S ZE"i WA `71yoS.� III. Site Location/Address IV AAA — Site Name Gzt:.A<_ 2rv&f_ SL­Tco. J •Los Contact Name Phone No. Fcva7J ;�.+,4crE �E e,,�s�,v ?�� E`; ./ �s HAT1�/7-AT lyuj �?�•6ws Street Address (or Location Description) Company Name A[o,v[r ,mrve_ ;Aj ze—oA/ �rrr of 6AJ z�n/ City (or nearest city) Zip + 4 Mailing Address ?E�+ '7tD ,J County City State Zip + 4 1<.0v4 ;Z�Z,v M A.) c-,44 q8 Uss Dvide legal description if no address for site (attach separate sheet if necessary) -:�6E A77AcNE& MAPS, DZ-LOS A✓Arc. moo'., J "ZC-Ovl-�, / — V . nCt,c1vniLl vvdier unurrnatiun IcnecK aii that apply) A. Does your construction site discharge stormwater to: 1. ❑ Storm drain system - Owner of storm drain system (name) 2. iX Indirectly or directly to surface waters (e.g., river, lake, creek, estuary, ocean, wetland) 3. ❑ Directly to ground waters of Washington state. ❑ Dry Well ❑ Drainfield ❑ Other B. Name(s) of receiving water(s) Cedar River Initial discharge is to an unnamed receiving water? ❑ Yes El No V1. Construction Activity Information 1 . Total area to be disturbed 30 Acres 2. Projected construction. startup 06 / 98 projected completion date 12 / 98 month year month year VII. Stormwater Pollution Prevention Plan (SWPPP) Has a stormwater pollution prevention plan been developed? ❑ Yes b No If NO, will a plan be developed prior to the start of construction? ! Yes ❑ No ology must be notified that a SWPPP will be developed prior to the start of construction by checking the wopriate boxes above or by sending a follow-up letter to Ecology. A stormwater pollution prevention plan must be developed Prior to'the start of construction. ECY 020-85 (Rev. 1 1 /95) (Continued on Back Page) (Appendix 1) 01001-E30 RA1NINi10V srAri WASTEWATER DISCHARGE PERMIT FEE PROGRAM D E r A R T Y E M T o r BILLING NOTICE: JULY 1998 - JUNE 1999 E C O L O G Y NOTICE DATE: 07/31 /98 `i ;i Invoice No: 35902 RENTON, CITY OF Customer No: S03003240 ROSS HATHAWAY Permit No: S03003240 - CEDAR, R SEC 205 Category: PF833 200 MILL AVE S STORM WATER RENTON WA 98055 C - W/CONSTRUCTION GENERAL PERMIT PREVIOUS + CURRENT FEE + ADJUSTMENT + CURRENT MONTH - PAYMENTS = TOTAL BALANCE BILLING * INTEREST RECEIVED DUE 0.00 I 315.00 I 6.64 I 0.00 I 0.00 1 321.64 *CURRENT FEE AMOUNT IS DUE 09/16/98 Please call the permit fee program at (360) 407-6424, with any questions regarding your bill. Small business/extreme hardship fee reduction requests must be received by Ecology no later than September 30 of any given fiscal year. Requests received after that date will not be given consideration. New permit holders will have 45 days from their first bill due date to submit their request for small business/extreme hardship fee reduction. Permit fees will continue until the permit has been canceled regardless of when the permitted activity stopped. Delinquent accounts will be turned over for collection. CONCURRENCE 1 DATE � DA S1 b ( I I � � 4Z/.ongoD"0/5,S-7'oo a3S-GS,oGS09S —iQ C-(j -A, Detach and return the bottom portion with your check. PLEASE INCLUDE THE PERMIT NUMBER ON YOUR CHECK. WASTEWATER PERMIT FEE BILLING NOTICE 35902 Notice Date: 07/31 /98 RENTON, CITY OF ROSS HATHAWAY - CEDAR R SEC 205 200 MILL AVE S RENTON WA 98055 CURRENT FEE AMOUNT IS DUE 09/16/98 TOTAL DUE: $321.64 Customer No: S03003240 Permit No: S03003240 Category: PF833 STORM WATER FOR AGENCY USE ONLY FUND TYPE REVENUE CODE 176 - WWD - 02-k6-000196 01001-E31 4.1a ECY 010-72 Department of Ecology, P.O. Box 5128. Lacey WA 98509-5128 98038/LD/ar SECTION 01005 SITE SPECIFIC SUPPLEMENTARY REQUIREMENTS PART 1 - GENERAL 1. CONDUCT OF WORK 1.1 COORDINATION 094283 Coordination for this work shall be made through the Contracting Officer except elements of the work may require joint coordination by the Contractor with the Contracting Officer, City of Renton, and Municipal Airport Manager, and other administrative agencies as specified in the contract documents and as directed by the Contracting Officer. 1.2 WORK HOURS Standard work hours in the construction area for pile driving shall be 7:30 A.M. to 4:00 P.M., Monday through Sunday. There are no restrictions concerning work hours for work other than pile driving except Contractor shall coordinate with the Contracting Officer work hours other than 7:30 A.M. to 4:00 P.M. 1.3 CONSTRUCTION SCHEDULE REQUIREMENTS 1.3.1 Milestones In conjunction with the completion schedule under Section 00800, paragraph SC-1 the Contractor shall incorporate the following milestones into the work sequence: Item of Work (a) Earthwork, irrigation, seeding and paving in park (b) All work to construct the levees and floodwalls between Stations 0+00 and 56+75 on the left bank and between Stations RT 10+00 and RT 64+20 on the right bank including the levee closure gates and hydroseeding of levee sections. 1.3.2 Constraints Completion Date Not later than 30 June 1999 Not later than 30 September 1999 The following special constraints have been identified as having an impact on the performance of the Work. It is not intended to be a comprehensive list of constraints that will result from the execution of the Work, but as an aid to the CONTRACTOR in development of schedules and in executing the Work. Additional constraints may exist or develop as a result of required Work execution or CONTRACTOR's proposed work methods or sequence. In any event, the CONTRACTOR is responsible for compliance with the requirements of the various specification sections and the work procedures and protection requirements DACW67-99-B-0017 01005-1 98038/LD/ar 094283 contained therein and establishing all constraints associated with the Work execution and incorporating them into Work schedules and proposed construction activities. a. Permit requirements (see Section 01001). b. Environmental Protection Plan requirements (see Section 01061). c. Traffic Control Plan requirements (see Sections 01005 and 01501). 1.4 GENERAL ACCESS REQUIREMENTS 1.4.1 Contractor's Vehicles Contractor's vehicles to be operated on the Project site shall be identified by placing an approved sticker or sign inside the windshield. The sticker or sign shall be provided by the Contractor and shall be subject to approval of the Contracting Officer (CO). Contractor's vehicles shall only park in areas as directed by the Contracting Officer. 1.4.2 Contractor Employee Privately -Owned Vehicles The parking of privately -owned vehicles (POV's) of Contractor personnel shall be in designated areas. 1.5 CONTRACTOR SECURITY The Corps of Engineers will not be responsible for providing security for Contractor-owned/controlled equipment, supplies, or materials. The Contractor shall provide those necessary security measures. 1.6 PERSONNEL IDENTIFICATION 1.6.1 Employee Listing The Contractor shall submit a complete listing of Contractor personnel, including job title and identification credential number, who will be working on the project. This listing shall be updated as needed to insure that the Government has been notified of any changes of Contractor Personnel in advance of new personnel engaging in work on the project. 1.6.2 Identification Credentials Contractor personnel shall either be issued a photo identification card (ID) by the Contractor or agree to provide their individual vehicle driver's license as appropriate identification credential. In either case, the identification number shall be included on the listing required above. If the Contractor determines to issue ID cards to its employees, the following information shall be included: Contractor Identification and Card Number Indicating Employees: o Full Name o Current Address o Birth Date o Recent Photograph o Height o Weight o Hair Color o Eye Color DACW67-99-B-0017 01005-2 98038/LD/ar 094283 1.6.3 Employee Termination If a Contractor employee resigns or is terminated the Contracting Officer, or designated representative shall be so notified at the earliest opportunity, but in no case later than the start of the succeeding workday. 1.6.4 Access Control Contractor personnel shall be instructed to present identification credential upon request by proper authority as established by the Contracting Officer. 1.7 UTILITY OUTAGES Contractor shall coordinate utility outages with the Contracting Officer at least 7 days in advance. Outages shall be kept to a minimum and any one outage shall not last more than 2 hours. 1.8 PROTECTION OF PROPERTY In addition to requirements of the CONTRACT CLAUSES, Contractor shall protect all property in which the Contractor is working and outside of the construction area, except for such property as is required to be demolished. The Contractor shall ensure that it is not removed, damaged, destroyed, or prevented from its normal use unless so designated in the contract documents. Property that is to be demolished shall be protected until its scheduled demolition time. Protection shall include, but not be limited to, protection from construction -generated dust, debris, water, and vibration. Property includes land, utilities, landscaping, markers and monuments, buildings, structures, and site and drainage improvements, whether shown on the contract drawings or not. 1.9 AIRPORT AND ROAD RESTRICTIONS 1.9.1 When work is to be done inside the Renton Municipal Airport "Runway Safety Area (RSA)" the Contractor shall coordinate with the Renton Municipal Airport Manager and Renton Department of Public Works Surface Water Division in writing through the Contracting Officer a minimum of 3 work days (Monday through Friday) in advance prior to initiating any work in the RSA. Contracting Officer approval shall be obtained prior to initiating work or changing work areas. Figure 1 attached at end of Section shows the extent of the RSA for the City of Renton Municipal Airport. The Runway Safety Area (RSA) extends eastward from the runway edge 150 feet. Generally any area north of the eastside hangar buildings is in the Runway Safety Area. This area extends north from the hangar buildings to Lake Washington. Contact for the Airport Safety Area is Mr. Gail Reed (425-277-2591) and contact for City Public Works is Mr. Hathaway (425-277-6205). All Contractor vehicles and equipment operating within the RSA are subject to prior approval by the Contracting Officer. 1.9.2 The Contractor shall provide the Airport Manager with daily work plans for any work 3 work days (Monday through Friday) in advance of the work taking place, along with requirements for any penetration of the RSA 3 work days in advance. The Contractor shall assure that prior written approval for the work inside the RSA has been obtained from the Contracting Officer prior to commencing any work. The Contractor shall be responsible for delivering all notification as required by the Airport Manager. DACW67-99-B-0017 01005-3 98038/LD/ar 094283 1.9.3 No work shall be done in the RSA without the above described 3 work day notice, notice and direct communication with the Airport Manager and the Renton Municipal Airport Control Tower shall be initiated immediately prior to commencing work, and the Contractor shall have capability of conducting continuous two way communication with the Renton Municipal Airport Control Tower by means of a continuously monitored aircraft frequency radio (required at all times). The Contractor shall be required to equip and have present at all times a supervisor with an aviation frequency radio capable of two-way communication with the Renton Airport control tower at all times that Contractor equipment is within the Airport boundary. This required communications equipment shall be mounted within, and powered by the vehicle, and shall be monitored at all times that any piece of Contractor equipment, not just the one so equipped, is within the Airport boundary. The Contractor and all operators shall attend an airport safety orientation prior to operation on the airport. 1.9.4 All vehicles traveling along the east perimeter road of the airport shall be lighted with yellow lights. 1.9.5 The Contractor shall be required to equip all vehicles used for removal, support and supervision with an operating yellow rotating or stroboscopic light, mounted so as to be visible for 360 degrees from a distance of 50 feet from the vehicle. This required lighting shall be in continual operation at all times that the equipment on which the light is mounted is within the RSA. 1.9.6 The Contractor shall contact the Renton Municipal Airport control tower by radio or telephone prior to, and obtain approval for, a Contractor vehicle moving from the east side of the Cedar River across the north Boeing bridge and/or prior to, and obtain approval for, a Contractor vehicle moving north of the airport Non -Directional Beacon structure along the East Perimeter Road. The Contractor shall take appropriate and necessary measures to avoid the spreading of debris such as wood chips, mud, gravel, etc. from the work site and shall clean by sweeping and/or vacuuming the work site and that portion of the East Perimeter Road used as a vehicle route for haul of any loose material including rock and gravel. Cleaning shall be a continuous process so as to prevent the build-up of debris within the work site or along the East Perimeter Road roadway. 1.9.7 The safety restrictions regarding the Renton Municipal Airport are highly emphasized; the Contractor shall coordinate closely with the Airport Manager and Renton Municipal Airport Tower at all times during the project and follow their requirements without variance. The Contractor shall anticipate such coordination of all costs which shall be considered incidental to the project. 1.9.8 Boeing utilizes the North Boeing Bridge for the movement of aircraft, generally during the late evening and early morning hours. The Contractor shall anticipate vacating the North Boeing Bridge area for 30 minutes during each movement, for two movements daily. The haulage vehicle may drive through a gate directly south of this location and through the adjacent gate and the City of Renton Park. Passage through the City of Renton Park must be coordinated with the City of Renton Parks Department, point of contact is Mr. Leslie Betlach, Telephone No. 425-277-5549. An alternate access is across the North Boeing Bridge and along the East Perimeter Road of the Renton Municipal Airport. 1.9.9 Contractor shall keep all exposed soils wet to reduce dust and avoid mobilization by aircraft blast and all exposed holes, or excavation shall be barricaded with flashing barricades when excavation is not in process. 1.9.10 No excavation shall be performed within the area of the buried Non Directional Beacon (NDB) antenna. Contractor shall coordinate with the city of Renton and Municipal Airport manager for location of utilities/antenna and permission to excavate 3 work days prior to performing any excavation. DACW67-99-B-0017 01005-4 98038/LD/ar 094283 1.9.11 Construction vehicles shall have ambient level backup beepers and dump trucks shall have rubber liners. 1.9.12 Grading within the fields adjacent to the runway shall leave the tops of light cans for runway lighting and taxiway lighting, and the tops of concrete bases for RENIL, PAPI and other navigational aids, flush with the final grade. Grading of slopes from tops of lighting, navaid and other airport fixtures, and runway and taxiway pavement edges shall be to drain away from the feature unless otherwise shown. 1.10 MINIMUM INSURANCE COVERAGES AND REQUIREMENTS 1.10.1 Limits Required These required insurance coverages shall be maintained throughout the term of this contract. The Contractor shall carry the following limits of liability as required below: a. Commercial General Liability General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $1,000,000 Medical Payments (Any One Person) $5,000 Stop Gap Liability $1,000,000 b. Automobile Liability Bodily Injury/Property Damage (Each Accident) $1,000,000 C. Worker's Compensation Coverage A (Workers' Compensation) - Show Washington Labor & Industries Number d. Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 e. Professional Liability (If Required) Each Occurrence/Incident/Claim $1,000,000 Aggregate $1,000,000 f. Pollution Liability (If Required) To Apply on a Per Project Basis Per Loss $1,000,000 Aggregate $1,000,000 DACW67-99-B-0017 01005-5 98038/LD/ar 1.11 GOVERNMENT FIELD OFFICE 094283 The Contractor shall provide suitable office space for Contracting Officer's representatives. This space may consist of a new office trailer or other facility deemed suitable by the Contracting Officer. The facility shall remain the property of the Contractor, but will be used exclusively by the Government. The Contractor shall be responsible for building and equipment repairs as required by the Contracting Officer. The exact location of the facility will require the Contracting Officer's approval. The facility shall be adequately insulated, heated, well lighted, and suitably ventilated. The facility shall be connected to electrical lines. The facility will be at least 200 square feet. The Contractor shall furnish and maintain adequate drinking water (water dispenser) for the building. The building shall be furnished with one desk, 5 feet long by 3 feet wide, with a side drawer and a center drawer that can be locked; and a table 3 feet by 4 feet minimum, suitable for laying out full-size contract plans. Two chairs and one stool shall be furnished. A file cabinet with three drawers (letter size width) shall be furnished. The building shall have two windows. Each window shall have not less than 6 square feet of glass area, and the door shall be 2 feet, 8 inches wide by 6 feet, 8 inches high. Suitable enclosed sanitary toilet and lavatory facilities shall be furnished in the immediate vicinity of the building and kept clean by the Contractor. The Contractor shall provide trash removal service. Necessary entrance with lock and stairs to grade shall be provided by the Contractor. All utilities, including heating, air conditioning, electrical outlets and lighting, appropriate to the use of the space and equipment/furniture will be provided by the Contractor. A commercial/FTS telephone line shall be provided by the Contractor (instruments are the responsibility of the Government). The Contractor shall be responsible for monthly service charge excluding long distance calls which will be the responsibility of the Government. The facility shall be removed and disposed of by the Contractor at the completion of the contract or sooner, at the discretion of the Contracting Officer. PARTS 2 AND 3 - NOT USED DACW67-99-B-0017 01005-6 PJ)NWA� SAFE' APC:A MSAS P,!qvI,Otl T. :,,Pp,j.! -195011t 13M 1)* AN; ill PE."Ito" AIQRI--1 01005-6 End of Section This page intentionally blank 98038/LD/ar 094283 SECTION 01025 MEASUREMENT AND PAYMENT PART1 GENERAL 1.1 GENERAL The contract price for each item shall constitute full compensation for furnishing all plant, labor, materials, appurtenances, and incidentals and performing all operations necessary to construct and complete the items in accordance with these specifications and the applicable drawings, including surveying performed by the Contractor. Payment for each item shall be considered as full compensation, notwithstanding that minor features may not be mentioned herein. Work paid for under one item will not be paid for under any other item. No separate payment will be made for the work, services, or operations required by the Contractor, as specified in DIVISION 1, GENERAL REQUIREMENTS, to complete the project in accordance with these specifications; all costs thereof shall be considered as incidental to the work. 1.2 PAYMENT 1.2.1 ITEM 0001 Payment will be made at the contract lump sum price for Item No. 0001, All Work Except For Items 0002 through 0005, payment of which shall constitute full compensation for Item No. 0001, complete. 1.2.2 ITEM 0002 Payment will be made at the contract lump sum price for Item No. 0002, All Work For Airport Drainage Improvement as Shown on Drawings, Plates C-18 Through C-21, payment of which shall constitute full compensation for Item No. 0002, complete. 1.2.3 ITEM 0003 Payment will be made at the contract lump sum price for Item No. 0003, All Work For Asphaltic Concrete Class A Overlay and Pavement Markings As Shown on Drawings, Plates C-31 Through C-35, payment of which shall constitute full compensation for Item No. 0003, complete. 1.2.4 ITEM 0004 Payment will be made at the contract unit price for Item No. 0004, Access Road Maintenance, payment of which shall constitute full compensation for Item No. 0004 complete. This item covers work performed under Section 02575, Maintenance of Access Road Pavement. 1.2.5 ITEM 0005 Payment will be made at the contract unit price for Item No. 0005, Crack Sealing in Existing Pavement Surface, payment of which shall constitute full compensation for Item No. 0005, complete. This item covers work performed under Section 02575, Maintenance of Access Road Pavement. DACW67-99-B-0017 01025-1 98038/LD/ar 094283 1.3 MEASUREMENT 1.3.1 Measurement of the units of work shall be made as hereinafter specified. When an item of work is specifically identified for a portion of the work to be paid for as a lump sum then this paragraph shall not apply. 1.3.2 Lineal Measurement 1.3.2.1 Access Road Maintenance Repair of 1/8 inch to 1 inch wide cracks in pavement will be measured in lineal feet. 1.3.3 Area Measurement 1.3.3.1 Access Road Maintenance Pavement repair will be measured by the square yard (S.Y.) of asphaltic concrete pavement placed for road maintenance, as required and approved by the Contracting Officer, in accordance with Section 02575, Maintenance of Access Road Pavement. 1.4 PROGRESS PAYMENT INVOICE Requests for payment shall be submitted in accordance with Federal Acquisition Regulations (FAR) Subpart 32.9, entitled "PROMPT PAYMENT", and Paragraphs 52.232-5 and 52.232-27, entitled "Payments Under Fixed -Price Construction Contracts", and "Prompt Payment for Construction Contracts", respectively. In addition each request shall be submitted in the number of copies and to the designated billing office as shown in the Contract. 1.4.1 When submitting payment requests, the Contractor shall complete Blocks I through 12 of the "PROGRESS PAYMENT INVOICE" Form as directed by the Contracting Officer. (A sample form is attached at the end of this Technical Specification Section.) The completed form shall then become the cover document to which all other support data shall be attached. 1.4.2 One additional copy of the entire request for payment, to include the "PROGRESS PAYMENT INVOICE" cover document, shall be forwarded to a separate address as designated by the Contracting Officer. 1.4.3 The Contractor shall submit with each pay request, a list of subcontractors that have worked during that pay period. The listing shall be broken down into weeks, identifying each subcontractor that has worked during a particular week, and indicate the total number of employees that have worked on site for each subcontractor for each week. The prime Contractor shall also indicate the total number of employees for its on site staff for each week. PARTS 2 and 3 NOT USED DACW67-99-B-0017 01025-2 PROGRESS PAYMENT INVOICE See Federal Acquisition Regulations (FAR) 32.900, 52.232-5, & 52.232-27 1. I'ROJECT AND LOCATION 2. DATE 3. CONTRACTOR NAME AND ADDRESS 4. CONTRACT NO. (Must be the same as in the Contract) 5. INVOICE NO. 6. DESCRIPTION OF WORK 7. PERIOD OF PERFORMANCE From: To: 8. DISCOUNT TERMS 9. OFFICIAL TO WHOM PAYMENT 10. OFFICIAL TO BE NOTIFIED IS TO BE FORWARDED OF DEFECTIVE INVOICE Name: Name: Title: Title: Phone: ( ) - Phone ( ) - 11. CERTIFICATION: I hereby certify, to the best of my knowledge and belief, that (1) The amounts requested are only for the performance in accordance with the specifications, terms, and conditions of this contract; (2) Payments to subcontractors and suppliers have been made from previous payments received under the contract, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontract agreements and the requirements of Chapter 39 of Title 31, United States Code; and (3) This request for progress payment does not include any amounts which the prime contractor intends to i� ithhold or retain from a subcontractor or supplier in accordance with the terms and conditions of the subcontract. (Signature) (Title) (Date) 12. OTHER INFORMATION OR DOCUMENTATION (FOR GOVERNMENT USE ONLY) required by Contract. Provide two (2) copies of each (check and attach if applicable): Retainage: % Amt: $ Updated Progress Chart/Schedule Withholdings: $ Progress Narrative Certified Payrolls (submitted weekly) Reason: Safety Exposure Report Updated Submittal \register Progress Photos Following items are current: Subcontractor/Employee Listings As-Builts Yes No O & M Manuals Yes No 1354 Data Yes No Submittal Register Yes No END OF SECTION 01025-3 This page intentionally blank 98038 094283 SECTION 01035 MODIFICATION PROCEDURES PART 1 GENERAL 1.1 PROPOSED PROJECT MODIFICATIONS: Price proposals for proposed modifications shall be submitted in accordance with the requirements of the Contract Clause MODIFICATION PROPOSALS - PRICE BREAKDOWNS. If change order work impacts or delays other unchanged contract work, the costs of such impacts or delays shall be included in the proposals and separately identified. Additional instructions for submitting price proposals can be found in NPSP-415-1-1, INSTRUCTION AND INFORMATION FOR CONTRACTORS, a copy of which will be furnished to the Contractor at the Preconstruction Conference. For information applicable to equipment rates used in contract modifications, refer to 00800 - SPECIAL CLAUSES, clause "EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE". DACW67-99-13-0017 01035-1 98038 094283 PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION DACW67-99-B-0017 01035-2 98038 094283 SECTION 01061 ENVIRONMENTAL PROTECTION PART I GENERAL 1.1 SCOPE This Section covers prevention of environmental pollution and damage as the result of construction operations under this contract. For the purpose of this specification, environmental pollution, and damage is defined as the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life; affect other species of importance to man; or degrade the utility of the environment for aesthetic, cultural, and/or historical purposes. The control of environment pollution and damage requires consideration of air, water, and land, and includes management of visual esthetics, noise, and solid waste, as well as other pollutants. Contractor shall ensure that methods of construction comply with all applicable laws, including: Clean Air Act (CAA), Clean Water Act (CWA), Coastal Zone Management Act (CZMA), Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CECLA), Endangered Species Act (ESA), Fish and Wildlife Coordination Act (FWCA), Marine Protection, Research, and Sanctuaries Act (MPRSA), National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA), National Pollutant Discharge Elimination System (NPDES), Research and Sanctuaries Act, Native American Graves Protection and Repatriation Act (NAGPRA), Resource Conservation and Recovery Act (RCRA), Rivers and Harbors Act of 1899 (R&H), Safe Drinking Water Act (SDWA), Toxic Substance Control Act (TSCA), Wild & Scenic Rivers Act (WSRA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and Subsequent Executive Orders. 1.2 REFERENCE STANDARDS The following publications of the issues listed below, but referred to thereafter by basic designation only, form a part of this specification to the extent indicated by the references thereto: WASHINGTON ADMINISTRATIVE CODE (WAC) WAC 173-201 (1992) Water Quality Standards for the State of Washington 1.3 QUALITY CONTROL The Contractor shall establish and maintain quality control for environmental protection of all items set forth herein. The Contractor shall record any problems in complying with laws, regulations, and ordinances, and corrective action taken. 1.3.1 Subcontractors Assurance of compliance with this Section by subcontractors will be the responsibility of the Contractor. DACW67-99-13-0017 01061-1 98038 094283 1.4 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Statements Environmental Protection Plan; GA. Approval of the Contractor's plan will not relieve the Contractor of its responsibility for adequate and continuing control of pollutants and other environmental protection measures. Reports Environmental Site Inspections; FIO. 1.5 ENVIRONMENTAL PROTECTION REQUIREMENTS The environmental resources within the project boundaries and those affected outside the limits of permanent work (including associated staging and storage areas) under this contract shall be protected during the entire period of this contract. Comply with Federal, state, and local regulations pertaining to the environment, including but not limited to water, air, and biological resources and noise pollution. All permit conditions contained in the Hydraulic Project Approval and Water Quality Certification will be provided to the Contractor and those conditions shall be complied with. 1.5.1 Environmental Protection Plan At the preconstruction conference the Contractor shall meet with the Contracting Officer to discuss the proposed environmental protection plan and to develop mutual understanding relative to the details of environmental protection, including measures for protecting natural resources, required reports and other measures to be taken. 1.5.1.1 Environmental Protection Plan shall include but not be limited to the following: (1) A list of Federal, state and local laws, regulations, and permits concerning environmental protection, pollution control and abatement that are applicable to the Contractor's proposed operations and the requirements imposed by those laws, regulations and permits. (2) Methods for protection of features to be preserved within authorized work areas. The Contractor shall prepare a listing of methods to protect resources needing protection, i.e., landscape features, air and water quality, fish and wildlife, soil, historical, archeological and cultural resources. (3) Procedures to be implemented to provide the required environmental protection and to comply with the applicable laws and regulations, and permits. The Contractor shall set out the procedures to be followed to correct pollution of the environment due to accident, natural causes or failure to follow the procedures set out in accordance with the environmental protection plan. (4) Permit or license and the location of the solid waste disposal area(s). DACW67-99-B-0017 01061-2 98038 094283 (5) Drawings showing locations of any proposed material storage and staging areas, structures, sanitary facilities, and stockpiles of excess or spoil materials. (6) Environmental monitoring plans for the job site (including material storage and staging areas), including land, water, air, biological and noise monitoring. (7) Methods of protecting surface and ground water during construction activities. (8) Method of fueling vehicles as vehicles shall be fueled off -site. (9) Work area plan showing the proposed activity in each portion of the area and identifying the areas of limited use or nonuse. Plan should include measures for marking the limits of use areas. 1.5.2 Environmmental Site Surveys Prior to construction activities at any job or work site under this contract (including support or staging areas as determined by the Contracting Officer) the Contractor and Contracting Officer shall jointly conduct a survey of the site(s) for the environmental features, consisting of written descriptions and photographs of the existing conditions in and adjacent to the site(s). After substantial completion of the project (or work at that site) and prior to return of the site(s) to the Government control the Contractor and Contracting Officer shall jointly reinspect the site(s) and address all environmental features and all remedial actions, if any, which may be required. 1.5.3 Approval of Environmental Protection Plan The Contractor shall submit the proposed environmental protection plan to the Contracting Officer at least 30 calendar days prior to start of onsite construction activities. No onsite work will be allowed prior to approval of the Environmental Protection Plan by the Contracting Officer. 1.6 NOTIFICATION When the Contracting Officer notifies the Contractor in writing of any observed noncompliance with Federal, state, or local laws, regulations, or permits, the Contractor shall, after receipt of such notice, inform the Contracting Officer of proposed corrective action and take such action as may be approved. If the Contractor fails to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No time extensions will be granted or costs or damage allowed to the Contractor for any such suspension. PART 2 PRODUCTS (Not Applicable). PART 3 EXECUTION 3.1 PROTECTION OF ENVIRONMENTAL RESOURCES 3.1.1 Protection of Land Resources The Contractor shall not remove, cut, deface, injure, or destroy land resources including trees, shrubs, vines, grasses, topsoil, and land forms without special permission from the Contracting Officer except as otherwise specified or indicated. DACW67-99-13-0017 01061-3 98038 094283 3.1.2 Disposal of Solid Wastes Solid wastes shall be placed in containers which are emptied on a regular schedule. All handling and disposal shall be conducted to prevent contamination. 3.1.2.1 Refuse Disposal and Cleanup Refuse shall be defined as debris other than such organic materials as brush or tree stumps. 3.1.2.1.1 Refuse Disposal The cost of refuse disposal, such as transportation, handling, dumping fees as applicable, and similar cost, shall be included in the contract price. Refuse which cannot be burned or disposed of at the project disposal site shall be disposed of off site, in accordance with all local, state, and Federal rules and regulations, at the Contractor's expense. 3.1.2.1.2 Fire Hazard Cloths, cotton waste, and other combustible materials that might constitute a fire hazard shall be placed in closed metal containers and placed outside or destroyed at the end of each day. 3.1.2.1.3 Restrictions The Contractor will not be permitted to deposit refuse in existing garbage cans or refuse dumpsters. Cleaners shall not be poured, drained, or washed into plumbing fixtures or sanitary or storm sewers. Debris, dirt, dust, and stains attributable to or resulting from the work effort shall be removed, cleaned, or effaced by the Contractor to the satisfaction of the Contracting Officer prior to acceptance of the job. 3.1.3 Disposal of Chemical or Hazardous Waste Chemical or hazardous waste shall be stored in corrosion -resistant containers, removed from the work area, and disposed of in accordance with Federal, state, and local regulations. 3.1.4 Disposal of Discarded Materials Discarded materials, other than those which can be included in the solid waste category, shall be handled as directed. 3.1.5 Protection of Water Resources The Contractor shall keep construction activities under surveillance, management, and control to avoid pollution of surface and ground waters. Erosion control methods shall be used to prevent silt -laden water from entering the river. These may include, but are not limited to, hay bales, silt fences, filter fabric, temporary sediment ponds, check dams of pea gravel -filled burlap bags or other material, and/or immediate mulching of exposed areas. The Contractor shall review and implement the provisions of the Hydraulic Project Approval (HPA) and Water Quality Certification pertaining to water quality protection and monitoring. Erosion control methods shall be installed along the river bank edges (or closer to the work site) to prevent direct runoff of stormwater during all levee and floodwall construction. Accumulated sediments shall be removed during the project and prior to removing the check dam(s) after completion of work. No equipment or other materials shall be placed below OHW (ordinary high water) during DACW67-99-B-0017 01061-4 98038 094283 construction. Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high waterline to allow removal of fine sediment and other contaminants prior to being discharged to the stream. If high flow conditions that may cause siltation are encountered during this project, work shall stop until the flow subsides. 3.1.6 Particulates Dust particles, aerosols, and gaseous byproducts from construction activities, processing, and preparation of materials shall be controlled at all times, including weekends, holidays, and hours when work is not in progress. Hydrocarbons and carbon monoxide emissions from equipment shall be controlled to Federal and state allowable limits at all times. 3.1.7 Control of Erosion and Sediment -Laden Runoff The Contractor shall provide for erosion control by installation of such material and equipment as required to limit surface and rill erosion of exposed excavations and subsequent transport of sediments into existing waterways and significant bodies of water. 3.1.8 U.S. Department of Agriculture (USDA) Quarantined Considerations The Contractor shall thoroughly clean all construction equipment at the prior job site in a manner that ensures all residual soil is removed and that egg deposits from plant pests are not present. 3.2 STORMWATER POLLUTION PREVENTION PLAN The stormwater pollution prevention plan, attached at the end of the Section, shall be the minimum erosion control plan to be implemented. 3.3 MAINTENANCE OF POLLUTION CONTROL FACILITIES The Contractor shall maintain all constructed facilities and portable pollution control devices for the duration of the contract or for that length of time construction activities create the particular pollutant. 3.4 POST CONSTRUCTION CLEANUP The Contractor shall clean up all areas used for construction. DACW67-99-B-0017 01061-5 98038 094283 STORMWATER POLLUTION PREVENTION PLAN CEDAR RIVER SECTION 205 FLOOD CONTROL PROJECT RENTON, WASHINGTON Prepared by: Merri Martz, U.S. Army Corps of Engineers JUNE 5, 1998 Introduction The U.S. Environmental Protection (EPA) has promulgated regulations under the Federal Water Pollution Control Act, commonly known as the Clean Water Act (33 U.S.C.A. 1251, et seq.), to control the point source discharge of storm water from construction sites. This program is regulated through the National Pollutant Discharge Elimination System (Section 402 of the Clean Water Act), and is delegated to state authority (in most states) for non-federal lands. This Stormwater Pollution Prevention Plan was developed to comply with the provisions of the State of Washington Water Pollution Control Law (Chapter 90.48 R.C.W.). The City of Renton, as local sponsor for the Cedar River Flood Control project, has filed a permit application with the Washington Department of Ecology for coverage under the State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activities (permit #S03003240 has been received). Erosion and Sediment Control Plan All work occurring on uplands for the flood control project has the potential for stormwater discharge into either the Cedar River or Lake Washington. The specific activity described by this erosion and sediment control plan is the levee and floodwall construction along both banks of the Cedar River from the mouth up to RM 1.25 and associated park construction. See Figure 1 for site vicinity map. (Figure 2 not applicable.) General Site Description The levee and floodwall site is located on nearly level ground (slope <1 %); except for one area on the right bank between 1,200-1,700 m (see Figure 3). In that area, construction will occur on a flat area immediately adjacent to a slope of approximately I I% going down to the river edge. In the generally flat construction area (right bank below 1,200 m, all of left bank), the upland is flat and then the top of the river bank slopes at steeper than a 45' angle (50% slope) down into the river. All construction will occur within 200 feet of the Cedar River. The soils are a mixture of topsoil, and gravel and sand fill (possibly old sidecast dredged material). The site generally slopes towards the river at all locations. The concern at this site is that exposed soil could runoff (during a precipitation event) directly into the Cedar River. DACW67-99-B-0017 01061-6 98038 094283 Methods to Prevent Stormwater Runoff Levees and Floodwalls: Levees and/or floodwalls will be placed along both banks of the Cedar River. No work will be done in - water, as the toe of the levees/floodwalls will be set back from the existing bank edge from a minimum of 5 feet to a maximum of 100 feet. Existing pavement will be removed on both banks prior to constructing levees. An estimated 125,000 ft2 (11,450 m2) of soil will be exposed on the left bank. In the floodwall areas between 600 and 900 meters, and 1,100 and 1,700 meters there will be minimal to no clearing. An estimated 233,500 ft2 (21,500 m2) of soil will be exposed on the right bank. No clearing upstream of 1,700 meters will occur. Hand -clearing of blackberries and other invasive weeds will occur along the river banks, for approximately 2,500 linear feet (mostly on the left bank, some on the right bank). Prior to placement of levees, sod and topsoil will be removed in the levee alignment. Existing native trees and shrubs will be retained to the maximum extent practicable. Vegetation will not be removed without permission from the construction inspector. To control erosion and sediment run-off from the levee and floodwall construction site, a silt fence will be placed on the river banks edge, waterward of any construction or clearing (see contract drawing plate C-46 for silt fence detail). The silt fence will be installed prior to any clearing. Immediately following each major piece of levee construction the levees will be hydroseeded to prevent erosion and allow infiltration of precipitation. Any other exposed soil will also be hydroseeded. The silt fence will not be removed until there is plant growth in the hydroseeded area. If there is any sediment accumulation behind the silt fence, it will be removed and stabilized at the time the fence is removed. Trucks and other equipment leaving the construction site will be washed to avoid transporting sediment onto public roads. Plantings of native trees, shrubs and groundcovers will occur at the appropriate season for greatest survival, following completion of all other construction. DACW67-99-B-0017 01061-7 u7 FIGURE 1 LEVEE AND FLOODWALL SITE VICINITY MAP o t� z o ty rn o s � r� c� H H 0 z �� 98038 094283 DACW67-99-B-0017 01061-10 98038/LD/ar 094283 SECTION 01300 SUBMITTAL PROCEDURES PART 1 GENERAL 1.1 CONTROL AND SCHEDULING OF SUBMITTALS 1.1.1 Submittal Coordination Meeting After the preconstruction conference and before any submittals are sent to the Contracting Officer's Representative (COR), with the exception of Division 1 submittals, the Contractor shall meet with the COR to develop an approved preliminary submittal register, ENG Form 4288. During the meeting all required items will be identified and grouped into three categories: • Government Approved (GA) • Government approval is required for extensions of design, critical materials, variations/deviations, an "or equal" decision, equipment whose compatibility with the entire system must be checked, architectural items such as Color Charts/Patterns/Textures, and other items as designated by the COR. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," these submittals will be acted on as "shop drawings." • For Information Only (FIO) • Submittals not requiring Government approval will be for information only. These are items such as Installation Procedures, Certificates of compliance, Samples, Qualifications, etc. Within the terms of the Contract Clause entitled "Specifications and Drawings for Construction," these submittals will not be acted on as "shop drawings." • Those items that can be visually inspected by the Contractor's Quality Control Representative (CQC) on site or are provided to the Government other than with an ENG Form 4025: The items that fall into this category shall remain on the register but shall not be submitted to the COR. For these items, the "Classification" column on the submittal register shall remain blank. 1.1.2 Final Submittal Register The final submittal register shall be coordinated with the progress schedule and submitted within 20 days of Notice to Proceed. In preparing the final document, adequate time (minimum of 30 days) shall be allowed for review and approval, and possible resubmittal of each item on the register except for submittal of material requirements for sheet piling as specified in Section 02411, paragraph 2.3.1. 1.1.3 Submittal Register Updates The Contractor's quality control representative shall review the listing at least every 30 days and take appropriate action to maintain an effective system. Copies of updated or corrected listings shall be submitted to the COR at least every 30 days in the quantity specified. DAC W67-99-B-0017 01300-1 98038/LD/ar 094283 1.2 SUBMITTAL TYPES Throughout these specifications submittals may be identified with the prefix "SD" (submittal data) followed by a number (category, i.e., data, drawings, reports, etc.). This is for bookkeeping and record sorting in the system: Data Submittals which provide calculations, descriptions, or documentation regarding the work. Drawings Submittals which graphically show relationship of various components of the work, schematic diagrams of systems, details of fabrication, layouts of particular elements, connections, and other relational aspects of the work. Instructions Preprinted material describing installation of a product, system or material, including special notices and material safety data sheets, if any, concerning impedances, hazards, and safety precautions. Schedules Tabular lists showing location, features, or other pertinent information regarding products, materials, equipment, or components to be used n the work. Statements A document, required of the Contractor, or through the Contractor from a subcontractor, supplier, installer, or manufacturer to confirm the quality or orderly progression of a portion of the work by documenting procedures, acceptability of methods or personnel, qualifications, or other quality verifications. Reports Reports of inspections or tests, including analyses and interpretation of test results. Each report shall be properly identified. Test methods used shall be identified and test results shall be recorded. Certificates Statement signed by an official authorized to certify on behalf of the manufacturer that a product, system or material meets specified requirements. The statement must be dated after the award of this contract and state the Contractor's name and address, project and location, and list specific requirements which are being certified. Samples Fabricated and/or unfabricated physical examples of materials, products, and/or units of work as complete units or as portions of units. DACW67-99-B-0017 01300-2 98038/LD/ar 094283 Records Documentation to record compliance with technical or administrative requirements. Operation and Maintenance Manuals Data which forms a part of an operation and maintenance manual. Submittals required by the Contract Clauses and other non -technical parts of the contract are not necessarily included in this section. These type of submittals can be added to the register before or during the submittal coordination meeting. 1.3 APPROVED SUBMITTALS The approval of submittals by the COR shall not be construed as a complete check, but will indicate only that the general method of construction, materials, detailing and other information are satisfactory. Approval will not relieve the Contractor of the responsibility for any error which may exist. The Contractor, under the CQC requirements of this contract, is responsible for the dimensions and design of adequate connections, details, and satisfactory construction of all work. After submittals have been approved by the COR, no resubmittal for the purpose of substituting materials or equipment will be given consideration. 1.4 DISAPPROVED SUBMITTALS The Contractor shall make all corrections required by the COR and promptly furnish a corrected submittal in the format and number of copies specified for the initial submittal. If the Contractor considers any correction indicated on the submittals to constitute a change to the contract, written notice, as required under the Contract Clause entitled "Changes," shall be given to the COR. 1.5 PAYMENT Separate payment will not be made for submittals, and all costs associated therein shall be included in the applicable unit prices or lump sum prices contained in the schedule. Payment will not be made for any material or equipment which does not comply with contract requirements. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL Prior to submittal, all items shall be checked and approved by the Contractor's CQC and each item of the submittal shall be stamped, signed, and dated. Each respective transmittal form (ENG Form 4025) shall be signed and dated by the CQC certifying that the accompanying submittal complies with the contract requirements. This procedure applies to all submittals. Submittals shall include items such as: Contractor's, manufacturer's, or fabricator's drawings; descriptive literature including, but not limited to, catalog cuts, diagrams; operating charts or curves; test reports; test cylinders; samples; O&M manuals including parts lists; certifications; warranties and other such required items. Units of weights and measures used on all submittals shall be the same as the contract drawings. Each submittal shall be complete and in sufficient detail to allow ready determination of compliance with contract requirements. DACW67-99-B-0017 01300-3 98038/LD/ar 094283 GA submittals shall be scheduled and made prior to the acquisition of the material or equipment covered thereby. The COR may request submittals in addition to those listed when deemed necessary to adequately describe the work covered in the respective sections. The Contractor shall maintain a complete and up-to- date file of all submittals/items on site for use by both the Contractor and the Government. 3.2 SUBMITTAL REGISTER (ENG Form 4288) The Contractor shall approve all items listed on the submittal register. The ENG Form 4288 in APPENDIX A immediately following this specification Section lists each item of equipment and material for which submittals are required. During the submittal coordination meeting, a preliminary submittal register will be created by annotating this Form 4288. When the final submittal register is submitted for approval, the Contractor shall complete the column entitled "Item No." and all data under "Contractor Schedule Dates" and return five completed copies to the COR for approval. The Contractor shall review the list to ensure its completeness and may expand general category listings to show individual entries for each item. The numbers in column "Item No." are to be assigned sequentially starting with "1" for each specification section. DO NOT preassign transmittal numbers when preparing the submittal register. When a conflict exists between the submittal register and a submittal requirement in the technical sections, other than those submittals referenced in Paragraph 3.9: Field Test Reports, the approved submittal register shall govern. The preliminary, and then the final approved submittal register, will become the scheduling documents and will be updated monthly and used to control submittals throughout the life of the contract. Names and titles of individuals authorized by the Contractor to approve shop drawings shall be submitted to COR with the final 4288 form. Supplier or subcontractors certifications are not acceptable as meeting this requirement. 3.3 SCHEDULING Submittals covering component items forming a system, or items that are interrelated, shall be coordinated and submitted concurrently. Certifications shall be submitted together with other pertinent information and/or drawings. Additional processing time beyond 30 days, or number of copies, may be shown by the COR on the submittal register attached in the "Remarks" column, or may be added by the COR during the coordination meeting. No delays damages or time extensions will be allowed for time lost due to the Contractor not properly scheduling and providing submittals. 3.4 TRANSMITTAL FORM (ENG Form 4025) Transmittal Form 4025 (sample at end of this section) shall be used for submitting both GA and FIO submittals in accordance with the instructions on the reverse side of the form. Transmittal numbers shall be assigned sequentially. Electronic generated 4025 forms shall be printed on carbonless paper and a reasonable facsimile of the original 4025. If electronic forms are not used, the original 4025 forms shall be used (do not photo copy) and will be famished by the COR. These forms shall be filled in completely prior to submittal. Special care shall be exercised to ensure proper listing of the specification paragraph and/or sheet number of the contract drawings pertinent to the data submitted for each item.. Each submittal item shall be listed separately on the form, naming subcontractor, supplier, or manufacturer, applicable specification paragraph number(s), drawing/sheet number, pay item number, and any other information needed to identify the item, define its use, and locate it in the work. One or more 4025 forms may be used per specification section, however, DO NOT include more than one specification section per transmittal. DACW67-99-B-0017 01300-4 98038/LD/ar 094283 3.5 CROSS-REFERENCE (ENG FORM 4288/ENG FORM 4025) To provide a cross-reference between the approved submittal register and transmittal forms, the Contractor shall record the "transmittal numbers" assigned when submitting items in column "Transmittal No." of the ENG FORM 4288. The item numbers in column "Item No." of submittal register shall correspond to the item numbers on ENG Form 4025. 3.6 SUBMITTAL PROCEDURE 3.6.1 General Shop drawings with 4025 forms shall be submitted in the number of copies specified in subparagraphs "Government Approved Submittals" and "Information Only Submittals," or as indicated on the submittal register in the "Remarks" column. Submit a complete collated "reviewers copy" with one 4025 form and attachments (not originals). The remaining copies (4 for GA, 2 for FIO) of 4025 forms and attachments shall not be collated. This would not apply to a series of drawings. 3.6.2 Approval of Submittals by the Contractor Before submittal to the COR, the Contractor shall review and correct shop drawings prepared by subcontractors, suppliers, and itself, for completeness and compliance with plans and specifications. The Contractor shall not use red markings for correcting material to be submitted. Red markings are reserved for COR's use. Approval by the Contractor shall be indicated on each shop drawing by an approval stamp containing information as shown in this section. Submittals not conforming to the requirements of this section will be returned to the Contractor for correction and resubmittal. 3.6.3 Variations For submittals which include proposed variations requested by the Contractor, column "h" of ENG Form 4025 shall be checked and the submittal shall be classified as GA, and submitted accordingly. The Contractor shall set forth in writing the justification for any variations and annotate such variations on the transmittal form in the REMARKS block. Variations are not approved unless there is an advantage to the Government. The Government reserves the right to rescind inadvertent approval of submittals containing unnoted variations. DACW67-99-B-0017 01300-5 98038/LD/ar 094283 3.6.4 Drawings Each drawing shall be not larger than Al size (841 mm wide by 594 mm high) (not more than 28 inches high by 40 inches wide), with a title block in lower right hand corner and a 75 mm by 100 mm (3 by 4 inch) clear area adjacent. The title block shall contain the subcontractor's or fabricator's name, contract number, description of item(s), bid item number, and a revision block. Provide a blank margin of 20 mm (3/4 inch) at bottom, 50 mm (2 inches) at left, and 10 mm (1/2 inch) at top and right. Where drawings are submitted for assemblies of more than one piece of equipment or systems of components dependent on each other for compatible characteristics, complete information shall be submitted on all such related components at the same time. The Contractor shall ensure that information is complete and that sequence of drawing submittal is such that all information is available for reviewing each drawing. Drawings for all items and equipment, of special manufacture or fabrication, shall consist of complete assembly and detail drawings. All revisions after initial submittal shall be shown by number, date, and subject in revision block. 3.6.4.1 Submittals Containing Drawings Larger than A3 size, (297 mm high by 420 mm wide) (I I inch by 17 inch) For GA submittals containing drawings larger than A3 size (I I inch by 17 inch), one reproducible and one blue line copy will be required to be submitted with five copies of the ENG Form 4025. The marked -up reproducible (and/or any review comments contained on the page -size comment sheet(s) at the Government's option) will be returned to the Contractor upon review. Three copies of blue line drawings (generated from the reviewed reproducible) will be provided to the Government within 10 days of Contractor's receipt of the reviewed reproducible. The Contractor shall not incorporate approved work into the project until the Government has received the three blue line copies. The Contractor shall use the marked -up reproducible to make any additional copies as needed. For FIO submittals, one reproducible and two blue line copies will be required to be submitted with the appropriate number of copies of ENG Form 4025. 3.6.5 Printed Material All requirements for shop drawings shall apply to catalog cuts, illustrations, printed specifications, or other data submitted, except that the 75 mm by 100 mm (3 inch by 4 inch) clear area adjacent to the title block is not mandatory. Inapplicable portions shall be marked out and applicable items such as model numbers, sizes, and accessories shall be indicated by arrow or highlighted. 3.7 SAMPLES REQUIRING LABORATORY ANALYSIS See Section 01451 CONTRACTOR QUALITY CONTROL for procedures and address for samples requiring Government testing. 3.8 SAMPLES REQUIRING VISUAL INSPECTION Samples requiring only physical inspection for appearance and suitability shall be coordinated with the on - site Government quality assurance representative (QAR). DACW67-99-B-0017 01300-6 98038/LD/ar 094283 3.9 FIELD TEST REPORTS Routine tests such as soil density, concrete deliveries, repetitive pressure testing shall be delivered to the QAR with the daily Quality Control reports. See SECTION: 01451 CONTRACTOR QUALITY CONTROL. 3.10 CONTROL OF SUBMITTALS The Contractor shall carefully control his procurement operations to ensure that each individual submittal is made on or before the Contractor scheduled submittal date shown on the approved "Submittal Register." 3.11 GOVERNMENT APPROVED SUBMITTALS (GA) The Contractor shall submit 5 copies of GA submittals with 5 corresponding 4025 forms. Upon completion of GA submittal review, copies as specified below will be marked with an action code, dated, and returned to the Contractor. See "Drawings" above for special instructions if drawings larger than size A3 (11 inch by 17 inch) are used. 3.11.1 Processing of GA Submittals Submittals will be reviewed and processed as follows: a. Approved as Submitted (Action Code "A"): Shop drawings which can be approved without correction will be stamped "Approved" and two copies will be returned to the Contractor. No resubmittal required. b. Approved Except as Noted (Action Code "B"): Shop drawings which have only minor discrepancies will be annotated in red to indicate necessary corrections. Marked material will be stamped "Approved Except as Noted" and two copies returned to the Contractor for correction. No resubmittal required. c. Approved Except as Noted (Action Code "C"): Shop drawings which are incomplete or require more than minor corrections will be annotated in red to indicate necessary corrections. Marked material will be stamped "Approved Except as Noted - Resubmission Required" and two copies returned to the Contractor for correction. Resubmittal of only those items needing correction required. d. Disapproved (Action Code "E"): Shop drawings which are fundamentally in error, cover wrong equipment or construction, or require extensive corrections, will be returned to the Contractor stamped "Disapproved." An explanation will be furnished on the submitted material or on ENG Form 4025 indicating reason for disapproval. Complete resubmittal required. e. Resubmittal will not be required for shop drawings stamped "A" or 'B" unless subsequent changes are made by Contractor or a contract modification. For shop drawings stamped "C" or "E," Contractor shall make corrections required, note any changes by dating the revisions to correspond with the change request date, and promptly resubmit the corrected material. Resubmittals shall be associated with the "parent" by use of sequential alpha characters (for example, resubmittal of transmittal 8 will be 8A, 8B, etc). Government costs incurred after the first resubmittal may be charged to the Contractor. DACW67-99-B-0017 01300-7 98038/LD/ar 094283 3.12 INFORMATION ONLY SUBMITTALS (FIO) The Contractor shall submit three copies of data and four copies of ENG Form 4025. FIO submittals will not be returned. Government approval is not required on FIO submittals. These submittals will be used for information purposes. The Government reserves the right to require the Contractor to resubmit any item found not to comply with the Contract. This does not relieve the Contractor from the obligation to furnish material conforming to the plans and specifications and will not prevent the COR from requiring removal and replacement if nonconforming material is incorporated in the work. This does not relieve the Contractor of the requirement to furnish samples for testing by the Government laboratory or check testing by the Government in those instances where the technical specifications so prescribe. 3.12.1 Processing of FIO Submittals FIO submittals shall be submitted prior to delivery of the material or equipment to the job site. ENG Form 4025 shall be marked with the words "contractor approved - information copy only" in the REMARKS block of the form. Submittals will be monitored and spot checks made. When such checks indicate noncompliance, the Contractor will be notified by the same method used for GA submittals. Resubmittal of nonconforming FIO submittals shall be reclassified GA and shall be in five copies. 3.13 CONTRACTOR APPROVAL STAMP The stamp used by the Contractor on the submittal data to certify that the submittal meets contract requirements shall be similar to the following: CONTRACTOR: CONTRACT NUMBER TRANSMITTAL NUMBER ITEM NUMBER SPECIFICATION SECTION PARAGRAPH NUMBER APPROVED AS SUBMITTED APPROVED WITH CORRECTIONS AS NOTED SIGNATURE: TITLE: DATE DACW67-99-13-0017 01300-8 CONTRACTORS REVIEW STAMP MAXIMUM SIZE: 3 INCHES BY 3 INCHES a 1 W7 TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES, OR DATE TRANSMITTAL NO. MANUFACTURER'S CERTIFICATES OF COMPLIANCE (?iead ku Gwc tii . — the rekerse side'k-iw to nx'tia tir.m this f—) SECTION I - REQUESTFOR APPROVAL OF THE FOLLOWING ITEMS (TM, seem" vtiX be irH'troted by the caiteactm) TO: FROM: CONTRACT NO. CHECK ONE: F-ITHIS IS ANEW TRANSMITTAL THIS IS A RESU 13MITTAL OF TRANSMITTi SPECIFICATION SEC. NO. (Cover arxryarre sectio t,% th each [rani ;tfaf) PROJECT TITLE AND LOCATION CHECK ONE: THISTR4HSIAIiT.4L IS FQR ❑ CIO Ej GOWT. ADDRLVAL RE NI NO. DESCRIPTION OF RE NI -SUBMITTED (TVA size, ma ad auaxfiea.) MPG OR CONTR. CAT.. CURIE DRAWING OR BROCHURE NO, (£ms 7gseruzfiaa ma. 81 NO. OF COPIES d. CONTRACT REFERENCE DOCUMENT FOR CONTRACTOR USE CODE 'VARIATION 9pm Na_ Q FOR CE USE CODE SPEC. PAPA. NO. a. DRAVIING -SHEET NO. REMAPKS I oertify that the abo,+v submitted items hsie been reviewed in detail a ndam oormot and in.triot oonfornanoe with the oorrtraot dra wings and ¢p-oifioations except as other wise stated. N AfAE AND GI GN ATU RE OF CONTRACTOR LOSURESRETURNED (LrstbyItem o.) ENG FORM 4025-R, MAR 95 (t•q �gIs-(- nl SECTION II - APPROVAL ACTION Af�.IE. TITLE AND SIGN.ATIJFE OF APPROVING A.LITH EDITION 6F 91D 9i IS CB &LETS. `=:HEET OF AT E IR �.�.«... r E41w_E} INSTRUCTIONS 1 . Section I will be initiated by the Contractor in the required number of copies 2. Each transmittal shall be numbered consecutively in the space provided for "Transmittal No.. This number, in addition to the contract number, will form a serial number for identifying each aJbmittal. For new submittals or resubmittals mark the appropriate box; on resubmittals, insert transmittal number of last submission as well as the new submittal number. 3. The "Item No." will be the same "Item No." as indicated on ENG FORM 4288-R for each entry on this form. 4. Submittals requiring expeditious handling will be submitted on a separate form. 5. Separate transmittal form will be used for submittals under separate sections of the specifications. 6. A check shall be placed h the "Variation" column when a submittal is not in accordance with the plans and speoifications-also, a written statement to that effect shall be included in the space provided for "Remarks'. 7. Form is self -transmittal, letter of transmittal is not required. CT7 C7 8 `rl w 9 � O � O n o z When a sarnple of material or Manufacturer's Certificate of Ccmpliance is transmitted. indicate '"Sarrple' or "Certificate" in column c, Section I U.S. Army Corps of Eng ineers approving authority will assign action codes as indicated below in space provided in Section I, column i to each item sub mitted. In addition they will ensure enclosures are indicated and attached to the form prier to return to the contractor. The Contraotor wIl assign action codesas indioated belo+or in Section l column g. to each item submitted. THE FOLLOWING ACTION CODES ARE GIVEN TO ITEMS SUBMITTED A -- Approved as submitted. E -- Disapproved (See attached). B Approved, except as noted on drawings. C Approved, except as noted on drawings. Refer to attached sheet resubmission required. D -- Will be returned by separate correspondence. F Receipt acknowledged. FX -- Receipt acknowledged, does not comply as noted with contract requirements. G -- Other (Specify) 10. Approval of items does not relieve the contractor from complying with all the requirements of the contract plans and spe=ifioations. (Reverse of ENG Form 4025-R) 98038/LD/ar 094283 APPENDIX A SUBMITTAL REGISTER (ENG FORM 4288) 98038/LD/ar 094283 INSERT COMPLETED ENG FORMS 4288 I11:11i J IN THE FINAL DOCUMENT 12 SUBMITTAL REGISTER F-111. 10) CONTRACT Nu BER 98038 Lower Cedar River Flood Control - Levees COMRACTOR SPECIFICATION SECTION 01001, 01005, 01061 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION 1300 I BANS MI7TAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C_ DESCRIPTION OF ITEM SUBMITTED d o z a ❑ c> �- z > v w g Lu i N 0 a a U m w U k w aJ o ir m zz - a O , z I n ❑ Q �- w 2 z a� Lu O C I o w w j Lu Of n SUBMI i :{ APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE u SUBMIT TO GOVERN MENT CODE w DATE r REMARKS SECTION 01001 1 5 Audio -Video Recordings x x SECTION 01005 182 Work Plans x x SECTION 01061 1.4, 153 Environmental Protection Plan X x 1 4 Environmental Site Inspections I x x SECTION 01300 1 1 2 Final Submittal Register x n 1 1 3 Submittal Register Updates Ix X ENG FORM 4288 MAY 91 01300-A1 EDITION OF AUG 8915 OBSOLETE SUBMITTAL REGISTER IFF J i S t-10) CONTRACT NUMBER TITLE AND I OCATION 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 01310 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d < ~¢ ❑ O z < p ( O ~ Z _ g CO ❑ p w _ q h U) - z w w < - , 1' O a w I w < U LL w U k U J D_ < < 1 U p O U w x r z O O C - < 2 O w Z p > O a < z w Z j O w 3 w j w Of SUBMIT APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE 11 SUBMIT TO GOVERN MENT Vw CODE DATE x REMARKS y. SECTION 01310 Preliminary Project Schedule x j.1 Initial Project Schedule x 1 1 Schedule Updates x 1 1 Qualifications x ENG FORM 4288, MAY 91 01300-A2 EDITION OF AUG 891S OBSOLETE PAGE_ OF _ PAGES SUBMITTAL REGISTER IFR11sI "I. CONTRACT NUMBER "I E AND LOCATION 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 01400, 01501, 01560 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO ITEM NO SPECIFICATION PARAGRAPH NUMBER DESCRIPTION OF ITEM SUBMITTED Q Q O z a � cS r j � r N z_ o w _ O N z w w a < u) O w LL w ¢ O LL r w O w w Q In o 0 w of z0 2i O w z 0 0 w a z w z w O w 3 w > w SUBMIT APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE S TBOMIT GOVERN MENT CODE DATE REMARKS SECTION 01400 32 1 COC Plan x 32.2e Laboratory Facilities x SECTION 01501 1 3.3 Temporary Power Connections x x. 1.8 Elevated Work Areas X x 1.9 Traffic Control Plan x x SECTION 01560 1 2 Work Plan x x 1 2 Designs x x +14-1 1 ENG FORM 4288. MAY 91 01300-A3 EDITION OF AUG 89 IS OBSOLETE SUBMITTAL REGISTER fFR J 1 S 1-10) CONTRACT NUMBER TITLE AND LOCATION 98038 Lower Cedar River Flood Control - Levees CONTRACTOR ,PECIFICATION SECTION 01702 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a. ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d. Q r a e � (D ce f z O I- U F- z — g J o w = IU h N ~ w w a I _ O a_ w t cn uU a v ,� w U k cn w a 2i Q N I N O U w w > z O ZO < a 2 o w Z_ n 0 LU o Ir a Q r Z w Z G_ O C7 o w � w w x p SUBMIT q APPROVAL NEEDED BY MATERIAL NEEDED BY s CODE t DATE u SUBMIT TO GOVERN V CODE w DATF x. REMARKS y SECTION 01702 3.1 .2 As -Built Field Data X X 3 2 As -Built AutoCad Drawings X X ENG FORM 4288. MAY 91 01300-A4 EDITION OF AUG 89 IS OBSOLETE RAGE_ OF - PAGES SUBMITTAL REGISTER IfR 4lS 1-11!) CONTRACT NUMBER TITLE AND LOCATION 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 02050 TYPE OF SUBMITTAL CLASSI IFICATION CONT RACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C, DESCRIPTION OF ITEM SUBMITTED d a ~¢ ❑ z 3 ❑ f � D zN _ g ❑ w U h w w ¢ F- ED O a w I ~a c� LL w U k w a i < o 0 O w m J ZO O a 2 O 0 n 0 > Ir a z Z K ELI O (D o of w 3 w w It p SUBMIT q.v APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE SUBMIT TO GOVERN MENT CODE DAII- REMARKS y SECTION 02050 1 2 Work Plan x x END FORM 4288, MAY 91 01300-A5 EDITION OF AUG B91S OBSOLETE PAGE OF PAGES • • CONTRACTOR SCH. DATESDESCRIPTION . •- -• • •' M. NUMBER OF ITEM : ..: .. .. .. . • �. ..SECTION 02275 ENG FORM 4288, MAY 91 01300-A6 EDITION OF AUG 89IS OBSOLETE -- SUBMITTAL REGISTER (FR 41 S 1-10) CONTRACT NUMBER 111'lI ANO I OnAT1ON 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 02411 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C_ DESCRIPTION OF ITEM SUBMITTED (I a ¢ e O Z I z O ~ N Z_ g -w+ o w _ O h Z w w ¢ N 1 O o_ w 1 n ¢ v w w U k w a ¢ 1 0 o O O w O n1 z OZ O �- a 2 , Z n 0 ¢ z Z Of JU O C7 1 w 3 w w X p SUBMIT g APPROVAL NEEDED BY 1 MATERIAL NEEDED BY .. CODE I DATE u SUBMIT TO GOVERN MENT v CODE w DAIF x RFPAARKS y SECTION 02411 1.2 Sheet Metal Piling x 1 2 Pile Driving Equipment X x 1.2 Materials Tests x x. 1 2 Driving x x FNC 1 ()RM E288, MAY 81 01300-A7 EDITION OF AUG 891S OBSOLETE SUBMITTAL REGISTER (FR 4151-10) CONTRACT NUMBER TITLF AND LOCATION 98038 Lower Cedar River Flood Control - Levees COMRM,TOR SPECIFICATION SECTION 02512 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d a Q p e Z Q p f U) U ZN _ g p p w = h w w r- a - x O a w j n a U a - uJ U k w Ja 2 a I o O C, w m r Z OZ O f- a O U- Z n p > 0 Q Z ly -U Z G LU O C7 o Of w w > w K o SUBMIT q APPROVAL NEEDED BY r MATERIAL NEEDED BY S CODE DATE u SUBMIT TO GOVERN MENT CODE w DATE x REMARKS SECTION 02512 1.3 Test Reports x x LNG FORM 4288 MAY 91 01300-A8 EDITION OF AUG 8915 OBSOLETE PAGE_ OF _PAGES SUBMITTAL REGISTER (FR 4161-10) CONTRACT NUMBER 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 02565 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO h SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d a a p Z 3 a p I Z O F- O r z _ g w -� p w U N II z w w w a N N ~ O n. Cc ¢ v LL w U k cn w -� a IL N I N p 0~ U r z 0 a � O LL Z _ p > O 01 a ¢ z w 2 z D_ j O U w w w SUBMIT APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE SUBMIT TO GOVERN MENT CODE DATE x REMARKS SECTION 02565 1.2 Certificates of Compliance x ENG FORM 4288, MAY 91 01300-A9 EDITION OF AUG 8915 OBSOLETE PAGE_ OF _PAGES SUBMITTAL REGISTER (ER 415 1-10) CONTRACT NUMBER 98038 Lower Cedar River Flood Control - Levees SPECIFICATION SEC'!ON 02580 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO d SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d a C ❑ e z C ❑ f co o Z q UJ ❑ w = c� N I, N w w 1 Q v7 � O a w n U w w O k w a Q w I 0 O c� w m Z O < a LLO Z n 0 p ¢ z w Z Y O (7 o w j w Of p SUBMIT q APPROVAL NEEDED BY r MATERIAL NEEDED BY s CODE DATE u SUTOMIT GOVERN MENT v COUE wx DATE REMARKS y SECTION 02580 1 2 Data x x 1.2 Equipment Lists X x 1.2 Mixes, Thinning, and Application X x 1.2 Material Tests x x 1.2 Certificates x x FNG I.P.—. MAY 91 01300-A10 EDITION OF AUG 8915 ORSOIEt F PAGE_ OF _ PAGES SUBMITTAL REGISTER (FIR 415 7-10) CONTRACT NUMBER IIF AND LOCATION 98038 Lower Cedar River Flood Control - Levees CONiRPLTOR SPECIFICATION SECTION 02720 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION FRANS MITTAL NO ITEM NO SPECIFICATION PARAGRAPH NUMBER DESCRIPTION OF ITEM SUBMITTED a Q o z 3 a pw ~ u 1 N Z J o o w x< U N ~ w W Q In cn ~ K O, a w � a C) t w c) w -� a Q w I (n o 0 w w m. > O Z O w O w Z_ n w > a a o. z L ZIf Q� w O CD o 3 w > f' SUBMIT II APPROVAL NEEDED BY MATERIAL NEEDED BY CODE I DATE U SUBMIT TO GOVERN MENT CODE DATE REMARKS SECTION 02720 1.2 Tideflex Valves F-° ORM.Q8xI NIA 19I 01300-A11 EDITION OF AUG 8915 OBSOLETE PAGE OF PAGE i SUBMITTAL REGISTER (FR a;S)-10J CONTRACT NUMBER 98038 Lower Cedar River Flood Control - Levees co - TOR SPECIFICATION SECTIOI`. 02800 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER c. DESCRIPTION OF ITEM SUBMITTED d. Q p `n U Z Q o: 0 f U) D v z _ g J 0 w _ h c ~ Z w ¢ N rn O a w K N - ¢ U LL, Q` w U k u) w a ¢ cn I. 0 O U w m. r z O Z O r ¢ i 0 O Z_ In 0 0 Ir a ¢ ~ w -2 Z Y j O (D D w w j w Of P SUBMIT q APPROVAL NEEDED BY MATERIAL NEEDED BY s CODE t DATE II SUBMIT TO GOVERN MENT CODE w DATE x REMARKS y SECTION 02800 1.2 Drawings x x 1.2 Delivery Schedule x X 12 Catalogue and Design Data X X ENC I OW 1288. MAY 91 01300-A l 2 _. -- !1 EDITION OF AUG 8915 OBSOLETE SUBMITTAL REGISTER IFR 4151-10) CONTRACT NUMBER TITLE AND LOCATION 98038 Lower Cedar River Flood Control - Levees CONTRACTOR SPECIFICATION SECTION 02811 P: TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION ......................... !BANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d ¢ a p eI O Z ¢ p z O ~ N Z p ca w -� p p w _ U n h n ~ Z w w ¢ U In R' O - w I w F- ¢ U ,� w U h 1n J rl ¢ cn N p O U w m 0 Z O ¢ � Z n w a n- ¢ z w Z Of O 0 o tt w 3 w j w I, SUBMIT y APPROVAL NEEDED BY MATERIAL NEEDED BY COIN- t DATE II SUBMIT TO GOVERN MENT CODE w DATE REMARKS y SECTION 02811 1 4 1 Design Data x 1.4.2 Manufacturer's Catalog Data X X 1.4.3 Sprinkler System Drawing X x 1 44 Manufacturer's Instructions x X 1 4.5 Backflow Preventers X X 1 4.6 Field Test Reports X X 1 4 7 Oand M Manuals Ix I X 1 4.8 Spare Parts Data X X ENG FORM 4168. MAY 91 01300-A 13 EDITION OF AUG 8915 OBSOLETE GAGE_ OF _PAGES SUBMITTAL REGISTER (ER J 1S 1-10) CONTRACT NUMBER 98038 Lower Cedar River Flood Control - Levees 1 COMRACTOR SPECIFICATION SECTION 02846 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER G DESCRIPTION OF ITEM SUBMITTED d. C p e c7 Z a o f. O v r- z g w z o w = h Z w w Q N i. 0 O w w I n ¢ O a r w U k. w a 2 ¢ O U w m > z O O Q 2 o l Z_ n 0 > Of a- Z w Z w j 0 o w w j w p. SUBMIT q APPROVAL NEEDED BY r MATERIAL NEEDED BY s CODE DATE SUBMIT TO GOVERN MENT CODE DATE RFMA.RKS SECTION02846 12 Certificates of Compliance x x ENG FORM 4288. MAY 91 01300-A14 EDITION OF AUG 8915 OBSOLETE PAGE_ OF _PAGES SUBMITTAL REGISTER CONTRACT NUMNEH 98038 Lower Cedar River Flood Control - Levees SPECIFICATION SECTION 02935 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C DESCRIPTION OF ITEM SUBMITTED d a 1 Qo z 1 Is f z U Z q InIn o w U h w w Q O G- In a O a w U F w w N o w O� O in > z a O w z_ n 0 > X a I w g z x j O r7 o w 3 w j w h SUBMIT rl APPROVAL NEEDED BY MATERIAL NEEDED BY ti CODE DATE II SUBMIT TO GOVERN MENT CODF A I).,IF .. REMARKS SECTION 02935 1,2 Equipment List x 12 Delivery Schedule X X 1.2 Maintenance Report x x 1.2 Turf Establishment Period x x 1 2 Certificates of Compliance x x 1.1;11 —1 ""A` T' 01300-A 15 EDITION OF AUG 89IS OBSOLETE PAGE_ OF _ PAGF s TYPE OF SUBMITTAL CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION I'ATION PARAG APH NUMHER DESCRIPTION OF ITEM SUBMITTED APPROVAL NEEDED BY .. SECTION 02950 Plant Establishment Period ENG FORM 4288, MAY 91 01300-A 16 EDITION OF AUG 8915 O85OLETE REGISTER • CONTRACTORSUBMITTAL SCHEDULE CONTRACTOR• IRANS SPECIFICATION PARAGRAPH NUMBER DESCRIPTION OF ITEM SUBMITTED ..: Waterstops LUbricants Non-rretallic Waterstops and Splices ENG FORM.i88. MAY 91 01300-A 17 EDITION OF AUG 89 IS OBSOLETE PAGE_ OF _ PAGES SUBMITTAL REGISTER (ER 41&1 10) CONTRACT NUMBER TITLE AND LOCATION 98038 Lower Cedar River Flood Control - Levees F • "-'�R SPECIFICATION SECTION 03301 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO IT, SPECIFICATION PARAGRAPH NUMBER c. DESCRIPTION OF ITEM SUBMITTED d a< O Z p ( I- O D -= Z y `J o w N- h Z w 2 w G N O o_ w- I w a L, O w U k m w o_ Q I m o O O w m > z O I- Q 2 o l n 0 Lu a Q ~ Z w Z K O O o w 3 w w p SUBMIT q APPROVAL NEEDED BY MATERIAL NEEDED BY CODE DATE SUBMIT TO GOVERN MENT CODE DATE REMARKS SECTION 03301 1.2 Cementitious Materials x x ENG FORM 4299, MAY 91 01 300-A 1 8 EDITION OF AUG 8915 OBSOLETE PAGE OF PAGES SUBMITTAL REGISTER (FR 41,5,1 10) CONTRACT NUMBER I I F AND LOCATION 98038 Lower Cedar River Flood Control -Levees CINTRACTOR SPECIFICATION SECTION 05055 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C DESCRIPTION OF ITEM SUBMITTED d a o e z 3 of p f O zLn _ g o w = h. V w~ w r- va~i U o_ w I a U " Lu U F w Lu a ¢ o K O w m z Oz , O 0 Z_ n 0 � a 1 Z w Z j O O o w w w IT SUBMIT q APPROVAL NEEDED BY MATERIAL NEEDED BY CODE t DATE II SUBMIT TO GOVERN MENT CODE w DATE REMARKS y SECTION 05055 1.4 Welding Procedure Qualifications x x 1,4 Welder, Welding Operator, and x x Tacker Qualification 1.4 Inspector Qualification x x 1.4 Quality Control x x FNG FORM 4288, MAY 91 013 00-A 19 EDITION of AUG 89 Is OBSOLETE SUBMITTAL REGISTER (1RJ154 R)) CONTRACT NUMBER T IT LE AND LOCATION 98038 Lower Cedar River Flood Control - Levees SPECIFICATION SECTION 05101 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d ¢ ¢ 0= e O Z 0 f_ w 0 O z g 0 0 w w h Z w w Q u, I �- a O a w¢ a I u7 a O w w U k w Q a rn I o O O w ITT > Z O o - Q 2 O z Z_ n 0 w 0 cr ¢ z Z 0: j O O o w Im w w p SUBMIT q APPROVAL NEEDED BY r MATERIAL NEEDED BY s CODE t DATE D SUBMIT TO GOVERN MENT v CODE w DAiE x REMARKS y SECTION 05101 1 3 Materials Orders x x 1.3 Materials List x x 1.3 Shipping Bill x x 1.3 Tests, Inspections and x x Verifications 1.3 Materials Disposition Records x ENG FORM 4288. MAY 91 01300-A2 0 EDITION OF AUG 891S OBSOLETE PAGE_ OF _ PAGES SUBMITTAL REGISTER IER 41Sf-10) CONTRACT NUMBER 98038 Lower Cedar River Flood Control - Levees SPECIFICATION SECTION 05120 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO a ITEM NO b SPECIFICATION PARAGRAPH NUMBER C. DESCRIPTION OF ITEM SUBMITTED d a F. ¢ p Z Q � p f U) O p t- Z p p w = w g w w a F- ~ of O D_ w 1 O a F w U w a a N o � O O w r Z - a E, O , Z_ 0 o K ¢ < Z w i Z Or w O (7 w � w j w K SUBMIT APPROVAL NEEDED BY r MATERIAL NEEDED BY CODE I DATE I SUBMIT TO GOVERN MENT v_ CODE +: PATE REMARKS SECTION 05120 1.3 Structural Steel System x 1-3 Structural Connections x x 1.3 Erection x X 1.3 MIII Test Reports X X 1.3 Welder Qualifications X x 1.3 Fabrication X x 1.3 High Strength Bolts and Nuts x x 1.3 Carbon Steel Bolts and Nuts x x 1.3 Nuts, Dimensional Style X x 1 3 Washers x x FNG I OEM 4298. MAY ?I 01300-A21 EDITION OF AUG 8915OBSOLETE PAGE_ OF PAGES SUBMITTAL REGISTER (ER 4151-10) CONTRACT NUMBER TITLE AND LOCATION 98038 Lower Cedar River Flood Control - Levees 1 C RACTOR SPECIFICATION SECTION 05502 TYPE OF SUBMITTAL CLASSI FICATION CONTRACTOR SCHEDULE DATES CONTRACTOR ACTION GOVERNMENT ACTION TRANS MITTAL NO ITEM NO b SPECIFICATION PARAGRAPH NUMBER C DESCRIPTION OF ITEM SUBMITTED d Q a 0 e N Z 3 0 f N O 0 b Z _ w -� 0 0 Lu N h U) z w w ~¢ I In �- O a � G U w C) F In w a 1 0 O O n, Z 0 0 a Of LL Z_ n 0 a a z Z w O r7 D w 3 w w OfO p SUBMIT APPROVAL NEEDED BY 1 MATERIAL NEEDED BY s CODE t DATE 1 SUBMIT TO GOVERN MENT CODE n DAIF REMARKS y SECTION 05502 1 3 Miscellaneous Metals and x x Standard Metal Articles 1 3 Deck Units x x x 1 3 Attachments x x ENG FORM 4288, MAY 91 01300-A22 f Clr 11:,'',i �.. 98038/LD 094283 SECTION 0 13 10 PROJECT SCHEDULE PART1 GENERAL 1.1 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: SD-07 Schedules GA Preliminary project schedule, two (2) copies. GA initial project schedule, two (2) copies Activity No. Sort Predecessor/successor listing Cost Schedule Floppy Disk (SDEF Format) Activity Code Dictionary. FIO Periodic schedules updates, monthly updates two (2) copies. Floppy Disks (SDEF Format) Narrative Activity No. Sort Cost Schedule SD-08 Statements Qualifications; GA . Documentation showing qualifications of personnel preparing schedule reports. 1.2 QUALIFICATIONS The Contractor shall designate an authorized representative who shall be responsible for the preparation of all required project schedule reports. This person shall have previously created and reviewed computerized schedules. Qualifications of this individual shall be submitted to the Contracting Officer for review with the Preliminary Project Schedule submission. DACW67-99-13-0017 01310 - 1 98038/LD 094283 PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL Pursuant to the Contract Clause, SCHEDULE FOR CONSTRUCTION CONTRACTS a Project Schedule as described below shall be prepared. The scheduling of construction shall be the responsibility of the Contractor. Contractor management personnel shall actively participate in its development. Subcontractors and suppliers working on the project should also contribute in developing and maintaining an accurate Project Schedule. The approved Project Schedule shall be used to measure the progress of the work, to aid in evaluating time extensions, and to provide the basis of all progress payments. 3.2 BASIS FOR PAYMENT The schedule shall be the basis for measuring Contractor progress. Lack of an approved schedule or scheduling personnel shall result in an inability of the Contracting Officer to evaluate Contractor progress for the purposes of payment. Failure of the Contractor to provide all information, as specified below, shall result in the disapproval of the entire Project Schedule submission and the inability of the Contracting Officer to evaluate Contractor progress for payment purposes. In the case where Project Schedule revisions have been directed by the Contracting Officer and those revisions have not been included in the Project Schedule, then the Contracting Officer may hold retainage up to the maximum allowed by contract, each payment period, until revisions to the Project Schedule have been made. 3.3 PROJECT SCHEDULE The computer software system utilized by the Contractor to produce the Project Schedule shall be capable of providing all requirements of this specification including the SDEF (Standard Data Exchange Format). Failure of the Contractor to meet the requirements of this specification shall result in the disapproval of the schedule. Manual methods used to produce any required information shall require approval by the Contracting Officer. 3.3.1 Use of the Critical Path Method The Critical Path Method (CPM) of network calculation shall be used to generate the Project Schedule. The Contractor shall provide the Project Schedule in Precedence Diagram Method (PDM) 3.3.2 Level of Detail Required With the exception of the initial and preliminary schedule submission, the Project Schedule shall include an appropriate level of detail. Failure to develop or update the Project Schedule or provide data to the Contracting Officer at the appropriate level of detail, as specified by the Contracting Officer, shall result in the disapproval of the schedule. The Contracting Officer will use, but is not limited to, the following conditions to determine the appropriate level of detail to be used in the Project Schedule. DACW67-99-B-0017 01310 - 2 L013 A7 094283 3.3.2.1 Activity Durations Contractor submissions shall be required to follow the direction of the Contracting Officer regarding reasonable activity durations. Reasonable durations are those that allow the progress of activities to be accurately determined between payment periods. A rule of thumb, that the Contractor should use, is that less than 2 percent of all non -procurement activities' Original Durations shall be greater than 20 days. 3.3.2.2 Procurement Activities Tasks related to the procurement of long lead materials or equipment shall be included as separate activities in the project schedule. Long lead materials and equipment are those materials that have a procurement cycle of over 90 days. Examples of procurement process activities include, but are not limited to: submittals, approvals, procurement, fabrication, delivery, installation, start-up, and testing. 3.3.2.3 Government Activities Government and other agencies activities that could impact progress shall be shown. These activities include, but are not limited to: approvals, inspections, utility tie-in, Government Furnished Equipment (GFE) and notice to proceed for phasing requirements. 3.3.2.4 Responsibility All activities shall be identified in the project schedule by the party responsible to perform the work. Responsibility includes, but is not limited to, the subcontracting firm, (at the lowest tier), Contractor work force, or Government agency performing a given task. Activities shall not belong to more than one responsible party. The responsible party for each activity shall be identified by the Responsibility Code. 3.3.2.5 Work Areas All activities shall be identified in the project schedule by the work area in which the activity occurs. Activities shall not be allowed to cover more than one work area. The work area of each activity shall be identified by the Work Area Code. 3.3.2.6 Modification or Claim Number Any activity that is added or changed by contract modification or used to justify claimed time shall be identified by a mod or claim code that changed the activity. Activities shall not belong to more than one modification or claim item. The modification or claim number of each activity shall be identified by the Mod or Claim Number. 3.3.2.7 Bid Item All activities shall be identified in the project schedule by the Bid Item to which the activity belongs. An activity shall not contain work in more than one bid item. The bid item for each appropriate activity shall be identified by the Bid Item Code. 3.3.2.8 (Not used) DACW67-99-B-0017 01310 - 3 98038/LD 094283 3.3.2.9 Category of Work All Activities shall be identified in the project schedule according to the category of work which best describes the activity. Category of work refers, but is not limited to, to the procurement chain of activities including such items as submittals, approvals, procurement, fabrication, delivery, installation, start-up, and testing. The category of work for each activity shall be identified by the Category of Work Code. 3.3.2.10 Feature of Work All activities shall be identified in the project schedule according to the feature of work to which the activity belongs. Feature of work refers, but is not limited to a work breakdown structure for the project. The feature of work for each activity shall be identified by the Feature of Work Code. 3.3.3 Scheduled Project Completion The schedule interval shall extend from notice -to -proceed to the contract completion date. 3.3.3.1 Project Start Date The schedule shall start no earlier than the date that the Notice to Proceed (NTP) was acknowledged. The Contractor shall include as the first activity in the project schedule an activity called "Start Project". The "Start Project" activity shall have: a "ES" constraint, a constraint date equal to the date that the NTP was acknowledged, and a zero day duration. 3.3.3.2 Constraint of Last Activity Completion of the last activity in the schedule shall be constrained by the contract completion date. Calculation on project updates shall be such that if the early finish of the last activity falls after the contract completion date, then the float calculation shall reflect a negative float on the critical path. The Contractor shall include as the last activity in the project schedule an activity call "End Project". The "End Project" activity shall have: a "LF" constraint, a constraint date equal to the completion date for the project, and a zero day duration. 3.3.3.3 Early Project Completion In the event the project schedule shows completion, the project prior to the contract completion date, the Contractor shall identify those activities that have been accelerated and/or those activities that are scheduled in parallel to support the Contractor's "early" completion. Contractor shall specifically address each of the activities noted at every project schedule update period to assist the Contracting Officer to evaluate the Contractor's ability to actually complete prior to the contract period. 3.3.4 Interim Completion Dates Contractually specified interim completion dates shall also be constrained to show negative float if the early finish date of the last activity in that phase falls after the interim completion date. DACW67-99-B-0017 01310 - 4 98038/LD 094283 3.3.5 Default Progress Data Disallowed Actual Start and Finish dates shall not be automatically updated by default mechanisms that may be included in CPM scheduling software systems. Actual Start and Finish dates on the CPM schedule shall match those dates provided from Contractor Quality Control Reports. Failure of the Contractor to document the Actual Start and Finish dates on the Daily Quality Control report for every in progress or completed activity and insure that the data contained on the Daily Quality Control reports is the sole basis for schedule updating shall result in the disapproval of the Contractor's schedule and the inability of the Contracting Officer to evaluate Contractor progress for payment purposes. 3.3.6 Out -of -Sequence Progress Activities that have posted progress without predecessors being completed (Out -of -Sequence Progress) shall be allowed only by the case -by -case approval of the Contracting Officer. The Contracting Officer may direct that changes in schedule logic be made to correct any or all out -of -sequence work. 3.3.7 Negative Lags Lag durations contained in the project schedule shall not have a negative value. 3.4 PROJECT SCHEDULE SUBMISSIONS The Contractor shall provide the submissions as described below. The data disk, reports, and network diagrams required for each submission are contained in paragraph SUBMISSION REQUIREMENTS. 3.4.1 Preliminary Project Schedule Submission The Preliminary Project Schedule, defining the Contractor's planned operations for the first 60 calendar days shall be submitted for approval within 10 calendar days after Notice to Proceed is acknowledged. The approved preliminary schedule shall be used for payment purposes not to exceed 60 calendar days after Notice to Proceed. 3.4.2 Initial Project Schedule Submission The Initial Project Schedule shall be submitted for approval within 40 calendar days after Notice to Proceed. The schedule shall provide a reasonable sequence of activities which represent work through the entire project and shall be at a reasonable level of detail. 3.4.3 Periodic Schedule Updates Based on the result of progress meetings, specified in "Periodic Progress Meetings," the Contractor shall submit periodic schedule updates. These submissions shall enable the Contracting Officer or to assess Contractor's progress. If the Contractor fails or refuses to furnish the information and project schedule data, which in the judgment of the Contracting Officer or authorized representative, is necessary for verifying the contractor's progress, the Contractor shall be deemed not to have provided an estimate upon which progress payment may be made. DACW67-99-B-0017 01310 - 5 98038/LD 094283 3.4.4 Standard Activity Coding Dictionary The Contractor shall submit, with the Initial Project Schedule, a coding scheme that shall be used throughout the project for all activity codes contained in the schedule. The coding scheme submitted shall list the values for each activity code category and translate those values into project specific designations. For example, a Responsibility Code Value, "ELE", may be identified as "Electrical Subcontractor." Activity code values shall represent the same information throughout the duration of the contract. Once approved with the Initial Project Schedule submission, changes to the activity coding scheme must be approved by the Contracting Officer. 3.5 SUBMISSION REQUIREMENTS The as noted in paragraph 1.1 items shall be submitted by the Contractor for the initial submission, and every periodic project schedule update throughout the life of the project: 3.5.1 Data Disks Two data disks containing the project schedule shall be provided. Data on the disks shall be in the format specified in paragraph 3.10 NAS DATA. 3.5.1.1 File Medium Required data shall be submitted on 89 mm (3.5 inch) disks, formatted to hold 1.44 MB of data, under the MS-DOS Version 5.0 operating system. 3.5.1.2 Disk Label A permanent exterior label shall be affixed to each disk submitted. The label shall indicate the type of schedule (Initial, Update, or Change), full contract number, project name, project location, data date, name and telephone number or person responsible for the schedule, and the MS-DOS version used to format the disk. 3.5.1.3 File Name Each file submitted shall have a name related to either the schedule data date, project name, or contract number. The Contractor shall develop a naming convention that will insure that the names of the files submitted are unique. The Contractor shall submit the file naming convention to the Contracting Officer for approval. 3.5.2 Narrative Report A Narrative Report shall be provided with each update of the project schedule. This report shall be provided as the basis of the Contractor's progress payment request. The Narrative Report shall include: a description of activities along the critical path, a description of current and anticipated problem areas or delaying factors and their impact, and an explanation of corrective actions taken. DACW67-99-B-0017 01310 - 6 98038/LD 094283 3.5.3 Approved Changes Verification Only project schedule changes that have been previously approved by the Contracting Officer shall be included in the schedule submission. The Narrative Report shall specifically reference, on an activity by activity basis, all changes made since the previous period and relate each change to documented, approved schedule changes. 3.5.4 Schedule Reports The format for each activity for the schedule reports listed below shall contain: Activity Numbers, Activity Description, Original Duration, Remaining Duration, Early Start Date, Early Finish Date, Late Start Date, Late Finish Date, Total Float. Actual Start and Actual Finish Dates shall be printed for those activities in - progress or completed. 3.5.4.1 Activity Report A list of all activities sorted according to activity number. For completed activities the Actual Start Date shall be used as the secondary sort. 3.5.4.2 Logic Report A list of Preceding and Succeeding activities for every activity in ascending order by activity number and then sorted according to Early Start Date. For completed activities the Actual Start Date shall be used as the secondary sort. 3.5.4.3 Total Float Report A list of all activities sorted in ascending order of total float. Activities which have the same amount of total float shall be listed in ascending order of Early Start Dates. 3.5.4.4 Earnings Report A compilation of the Contractor's Total Earnings on the project from the Notice to Proceed until the most recent Monthly Progress Meeting. This report shall reflect the Earnings of specific activities based on the agreements made in the field and approved between the Contractor and Contracting Officer at the most recent Monthly Progress Meeting. Provided that the Contractor has provided a complete schedule update, this report shall serve as the basis of determining Contractor Payment. Activities shall be grouped by bid item and sorted by activity numbers. This report shall: sum all activities in a bid item and provide a bid item percent; complete and sum all bid items to provide a total project percent complete. The printed report shall contain, for each activity: Activity Number, Activity Description, Original Budgeted Amount, Total Quantity, Quantity to Date, Percent Complete (based on cost), Earnings to Date. 3.5.5 Network Diagram The network diagram shall be required on the initial schedule submission and on quarterly update submissions. The network diagram shall depict and display the order and interdependence of activities and the sequence in which the work is to be accomplished. The Contracting Officer will use, but is not limited to, the following conditions to review compliance with this paragraph: DACW67-99-B-0017 01310 - 7 98038/LD 094283 3.5.5.1 Continuous Flow Diagrams shall show a continuous flow from left to right with no arrows from right to left. The activity or event number, description, duration, and estimated earned value shall be shown on the diagram. 3.5.5.2 Project Milestone Dates Dates shall be shown on the diagram for start of project, any contract required interim completion dates, and contract completion dates. 3.5.5.3 Critical Path The critical path shall be clearly shown. 3.5.5.4 Banding Activities shall be grouped to assist in the understanding of the activity sequence. Typically, this flow will group activities by category of work, work area and/or responsibility. 3.5.5.5 S-Curves Earnings curves shall be provided showing projected early and late earnings and earnings to date. 3.6 PERIODIC PROGRESS MEETINGS Progress meetings to discuss payment shall include a monthly on -site meeting or other regular intervals mutually agreed to at the preconstruction conference. During this meeting the Contractor will describe, on an activity by activity basis, all proposed revisions and adjustments to the project schedule required to reflect the current status of the project. The Contracting Officer will approve activity progress, proposed revisions, and adjustments as appropriate. 3.6.1 Meeting Attendance The Contractor's Project Manager and Scheduler shall attend the regular progress meeting. 3.6.2 Update Submission Following Progress Meeting A complete update of the project schedule containing all approved progress, revisions, and adjustments, based on the regular progress meeting, shall be submitted not later than 4 working days after the monthly progress meeting. 3.6.3 Progress Meeting Contents Update information, including Actual Start Dates, Actual Finish Dates, Remaining Durations, and Cost to Date shall be subject to the approval of the Contracting Officer. The following minimum set of items which the Contractor shall address, on an activity by activity basis, during each progress meeting. DACW67-99-B-0017 01310 - 8 98038/LD 094283 3.6.3.1 Start and Finish Dates The Actual Start and Actual Finish dates for each activity cuiTently in -progress or completed activities. 3.6.3.2 Time Completion The estimated Remaining Duration for each activity in -progress. Time -based progress calculations must be based on Remaining Duration for each activity. 3.6.3.3 Cost Completion The earnings for each activity started. Payment shall be based on earnings for each in -progress or completed activity. Payment for individual activities shall not be made for work that contains quality defects. A portion of the overall project amount may be retained based on delays of activities. 3.6.3.4 Logic Changes All logic changes pertaining to Notice to Proceed on change orders, change orders to be incorporated into the schedule, contractor proposed changes in work sequence, corrections to schedule logic for out -of - sequence progress, lag durations, and other changes that have been made pursuant to contract provisions shall be specifically identified and discussed. 3.6.3.5 Other Changes Other changes required due to delays in completion of any activity or group of activities are those delays beyond the Contractors control such as strikes and unusual weather. Also included are delays encountered due to submittals, Government Activities, deliveries or work stoppage which makes re -planning the work necessary, and when the schedule does not represent the actual prosecution and progress of the work. 3.7 REQUESTS FOR TIME EXTENSIONS In the event the Contractor requests an extension of the contract completion date, he shall furnish such justification, project schedule data and supporting evidence as the Contracting Officer may deem necessary for a determination as to whether or not the Contractor is entitled to an extension of time under the provisions of the contract. Submission of proof of delay, based on revised activity logic, duration, and costs (updated to the specific date that the delay occurred) is obligatory to any approvals. 3.7.1 Justification of Delay The project schedule must clearly display that the Contractor has used, in full, all the float time available for the work involved with this request. The Contracting Officer's determination as to the number of allowable days of contract extension, shall be based upon the project schedule updates in effect for the time period in question and other factual information. Actual delays that are found to be caused by the Contractor's own actions, which result in the extension of the schedule, shall not be a cause for a time extension to the contract completion date. DACW67-99-B-0017 01310 - 9 98038/LD 094283 3.7.2 Submission Requirements The Contractor shall submit a justification for each request for a change in the contract completion date of under two weeks based upon the most recent schedule update at the time of the Notice to Proceed or constructive direction issued for the change. Such a request shall be in accordance with the requirements of other appropriate Contract Clauses and shall include, as a minimum: a. A list of affected activities, with their associated project schedule activity number. b. A brief explanation of the causes of the change. c. An analysis of the overall impact of the changes proposed. d. A sub -network of the affected area. Activities impacted in each justification for change shall be identified by a unique activity code contained in the required data file. 3.7.3 Additional Submission Requirements For any request for time extension for over 2 weeks, the Contracting Officer may request an interim update with revised activities for a specific change request. The Contractor shall provide this disk within 4 days of the Contracting Officer's request. 3.8 DIRECTED CHANGES If Notice to Proceed (NTP) is issued for changes prior to settlement of price and/or time, the Contractor shall submit proposed schedule revisions to the Contracting Officer within 2 weeks of the NTP being issued. The proposed revisions to the schedule will be approved by the Contracting Officer prior to inclusion of those changes within the project schedule. If the Contractor fails to submit the proposed revisions, the Contracting Officer may furnish the Contractor suggested revisions to the project schedule. The Contractor shall include these revisions in the project schedule until the Contractor submits revisions, and final changes and impacts have been negotiated. If the Contractor has any objections to the revisions furnished by the Contracting Officer, then the Contractor shall advise the Contracting Officer within 2 weeks of receipt of the revisions. Regardless of the objections, the Contractor will continue to update their schedule with the Contracting Officer's revisions until a mutual agreement in the revisions may be made. If the Contractor fails to submit alternative revisions within 2 weeks of receipt of the Contracting Officer's proposed revisions, the Contractor will be deemed to have concurred with the Contracting Officer's proposed revisions. The proposed revisions will then be the basis for an equitable adjustment for performance of the work. 3.9 OWNERSHIP OF FLOAT Float available in the schedule, at any time, shall not be considered for the exclusive use of either the Government or the Contractor. DACW67-99-13-0017 01310 - 10 98038/LD 094283 3.10 NAS DATA The Contractor shall provide the Government with the means to electronically transfer all required NAS data into its ADP equipment and schedule software, such that it can independently obtain and process the information. The Contractor may use network analysis software different from that used by the Contracting Officer in the Resident Office. Under this alternative, the Contractor shall furnish the following: NAS data that complies with the Scheduling System Data Exchange Format (SDEF). This is a standard ASCII format for exchanging scheduling data and is compatible with our resident management system. Many software developers are using SDEF. The SDEF specifications are in a separate publication, available from the Internet WWW.CECER.AARMY.MIL/PL/SDEF. END OF SECTION DACW67-99-13-0017 01310 - 11 98038/LD 094283 DACW67-99-B-0017 01310 - 12 98038/LD/ar 094283 SECTION 01400 CONTRACTOR QUALITY CONTROL PART I GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D 3740 (1994) Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction ASTM E 329 (1993) Use in the Evaluation of Testing and Inspection Agencies as Used in Construction 1.2 PAYMENT Separate payment will not be made for providing and maintaining an effective Quality Control program, and all costs associated therewith shall be included in the applicable unit prices or lump -sum prices contained in the Bidding Schedule. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 GENERAL The Contractor is responsible for quality control and shall establish and maintain an effective quality control system in compliance with the Clause entitled "Inspection of Construction", in SECTION 00700 of this document. The quality control system shall consist of plans, procedures, and organization necessary to produce an end product which complies with the contract requirements. The system shall cover all construction operations, both on -site and off -site, and shall be keyed to the proposed construction sequence. 3.2 QUALITY CONTROL PLAN 3.2.1 General The Contractor shall furnish for review by the Government, not later than 30 days after receipt of notice to proceed, the Contractor Quality Control (CQC) Plan proposed to implement the requirements of the Contract Clause entitled "Inspection of Construction." The plan shall identify personnel, procedures, control, instructions, test, records, and forms to be used. The Government will consider an interim plan DACW67-99-B-0017 01400-1 98038/LD/ar 094283 for the first 30 days of operation. Construction will be permitted to begin only after acceptance of the CQC Plan or acceptance of an interim plan applicable to the particular feature of work to be started. Work outside of the features of work included in an accepted interim plan will not be permitted to begin until acceptance of a CQC Plan or another interim plan containing the additional features of work to be started. 3.2.2 Content of the CQC Plan The CQC plan shall include, as a minimum, the following to cover all construction operations, both on - site and off -site, including work by subcontractors, fabricators, suppliers and purchasing agents: a. A description of the quality control organization, including a chart showing lines of authority and acknowledgment that the CQC staff shall implement the three phase control system for all aspects of the work specified. The staff shall include a CQC system manager who shall report to the project manager or someone higher in the Contractor's organization. Project manager in this context shall mean the individual with responsibility for the overall management of the project including quality and production. b. The name, qualifications (in resume format), duties, responsibilities, and authorities of each person assigned a QC function. c. A copy of the letter to the CQC System Manager signed by an authorized official of the firm which describes the responsibilities and delegates sufficient authorities to adequately perform the functions of the CQC System Manager including authority to stop work which is not in compliance with the contract. The CQC System Manager shall issue letters of direction to all other various quality control representatives outlining duties, authorities and responsibilities. Copies of these letters will also be furnished to the Government. d. Procedures for scheduling, reviewing, certifying, and managing submittals, including those of subcontractors, off -site fabricators, suppliers and purchasing agents. These procedures shall be in accordance with Section 01300 SUBMITTAL PROCEDURES. e. Control, verification and acceptance testing procedures for each specific test to include the test name, specification paragraph requiring test, feature of work to be tested, test frequency, and person responsible for each test. (Laboratory facilities will be approved by the Contracting Officer.) f. Procedures for tracking preparatory, initial, and follow-up control phases and control, verification, and acceptance tests including documentation. g. Procedures for tracking construction deficiencies from identification through acceptable corrective action. These procedures will establish verification that identified deficiencies have been corrected. h. Reporting procedures, including proposed reporting formats. This shall include a copy of the Daily CQC report form. i . A list of the definable features of work. A definable feature of work is a task which is separate and distinct from other tasks and has separate control requirements. It could be identified by different trades or disciplines, or it could be work by the same trade in a different environment. Although each section of the specifications may generally be considered as a definable feature of work, there are frequently more than one definable feature under a particular section. This list will be agreed upon during the coordination meeting. DACW67-99-B-0017 01400-2 98038/LD/ar 094283 3.2.3 Acceptance of Plan Acceptance of the Contractor's plan is required prior to the start of construction. Acceptance is conditional and will be predicated on satisfactory performance during the construction. The Government reserves the right to require the Contractor to make changes in his CQC plan and operations including removal of personnel, as necessary, to obtain the quality specified. 3.2.4 Notification of Changes After acceptance of the QC plan, the Contractor shall notify the Contracting Officer in writing a minimum of seven calendar days prior to any proposed change. Proposed changes are subject to acceptance by the Contracting Officer. 3.3 COORDINATION MEETING After the Preconstruction Conference, before start of construction, and prior to acceptance by the Government of the Quality Control Plan, the Contractor shall meet with the Contracting Officer or Authorized Representative and discuss the Contractor's quality control system. During the meeting, a mutual understanding of the system details shall be developed, including the forms for recording the CQC operations, control activities, testing, administration of the system for both on -site and off -site work, and the interrelationship of Contractors Management and control with the Government's Quality Assurance. Minutes of the meeting shall be prepared by the Government and signed by both the Contractor and the Contracting Officer. The minutes shall become a part of the contract file. There may be occasions when subsequent conferences will be called by either party to reconfirm mutual understandings and/or address deficiencies in the CQC system or procedures which may require corrective action by the Contractor. 3.4 QUALITY CONTROL ORGANIZATION 3.4.1 CQC System Manager The Contractor shall identify an individual within his organization at the site of the work who shall be responsible for overall management of CQC and have the authority to act in all CQC matters for the Contractor. This CQC System Manager shall be on the site at all times during construction and will be employed by the Contractor, except as noted in the following. An alternate for the CQC System Manager will be identified in the plan to serve in the event of the system managers absence. Period of absence may not exceed 2 weeks at any one time. The requirements for the alternate will be the same as for the designated CQC manager. 3.4.2 CQC Organizational Staffing The Contractor shall provide a CQC staff which shall be at the site of work at all times during progress, with complete authority to take any action necessary to ensure compliance with the contract. DACW67-99-B-0017 01400-3 98038/LD/ar 094283 3.4.2.1 CQC Staff Following are the minimum requirements for the CQC staff. These minimum requirements will not necessarily assure an adequate staff to meet the CQC requirements at all times during construction. The actual strength of the CQC staff may vary during any specific work period to cover the needs of the work period. When necessary for a proper CQC organization, the Contractor will add additional staff at no cost to the Government. This listing of minimum staff in no way relieves the Contractor of meeting the basic requirements of quality construction in accordance with contract requirements. All CQC staff members shall be subject to acceptance by the Contracting Officer. 3.4.2.2 CQC System Manager The CQC system manager shall be an experienced construction person with a minimum of 5 years experience in related work. The CQC system manager shall be assigned no other duties. In addition to the above experience and education requirements the CQC System Manager shall have completed the course entitled "Construction Quality Management for Contractors" prior to start of field work. This one day course is periodically offered in Spokane, Boise, Portland, and Seattle. For further information contact the Construction Division Office in your area. 3.4.2.3 Supplemental Personnel A staff shall be maintained under the direction of the CQC system manager to perform all QC activities. The staff must be of sufficient size to ensure adequate QC coverage of all work phases, work shifts, and work crews involved in the construction. These personnel may perform other duties, but must be fully qualified by experience and technical training to perform their assigned QC responsibilities and must be allowed sufficient time to carry out these responsibilities. The QC plan will clearly state the duties and responsibilities of each staff member. 3.4.3 Organizational Changes The Contractor shall obtain Contracting Officer's acceptance before replacing any member of the CQC staff. Requests shall include the names, qualifications, duties, and responsibilities of each proposed replacement. 3.5 SUBMITTALS Submittals shall be as specified in Section 01300 SUBMITTAL PROCEDURES. The CQC organization shall be responsible for certifying that all submittals are in compliance with the contract requirements. The Government will furnish copies of test report forms (See Table 2) upon request by the Contractor. The Contractor may use other forms as approved. 3.6 CONTROL Contractor Quality Control is the means by which the Contractor ensures that the construction, to include that of subcontractors and suppliers, complies with the requirements of the contract. The controls shall be adequate to cover all construction operations, including both on -site and off -site fabrication, and will be keyed to the proposed construction sequence. The controls shall include at least three phases of control to be conducted by the CQC system manager for all definable features of work, as follows: DACW67-99-B-0017 01400-4 98038/LD/ar 094283 3.6.1 Preparatory Phase This phase shall be performed prior to beginning work on each definable feature of work and shall include: a. A review of each paragraph of applicable specifications. b. A review of the contract plans. c. A check to assure that all materials and/or equipment have been tested, submitted, and approved. d. A check to assure that provisions have been made to provide required control inspection and testing. e. Examination of the work area to assure that all required preliminary work has been completed and is in compliance with the contract. f. A physical examination of required materials, equipment, and sample work to assure that they are on hand, conform to approved shop drawing or submitted data, and are properly stored. g. A review of the appropriate activity hazard analysis to assure safety requirements are met. h. Discussion of procedures for constructing the work including repetitive deficiencies. Document construction tolerances and workmanship standards for that phase of work. i. A check to ensure that the portion of the plan for the work to be performed has been accepted by the Contracting Officer. j. The Government shall be notified at least 48 hours in advance of beginning any of the required action of the preparatory phase. This phase shall include a meeting conducted by the CQC system manager and attended by the superintendent, other CQC personnel (as applicable), and the foreman responsible for the definable feature. The results of the preparatory phase actions shall be documented by separate minutes prepared by the CQC system manager and attached to the daily QC report. The Contractor shall instruct applicable workers as to the acceptable level of workmanship required in order to meet contract specifications. 3.6.2 Initial Phase This phase shall be accomplished at the beginning of a definable feature of work. The following shall be accomplished: a. A check of preliminary work to ensure that it is in compliance with contract requirements. Review minutes of the preparatory meeting. b. Verification of full contract compliance. Verify required control inspection and testing. c. Establish level of workmanship and verify that it meets minimum acceptable workmanship standards. Compare with sample panels is appropriate. d. Resolve all differences. DACW67-99-13-0017 01400-5 98038/LD/ar 094283 e. Check safety to include compliance with and upgrading of the safety plan and activity hazard analysis. Review the activity analysis with each worker. f. The Government shall be notified at least 48 hours in advance of beginning the initial phase. Separate minutes of this phase shall be prepared by the CQC system manager and attached to the daily QC report. Exact location of initial phase shall be indicated for future reference and comparison with follow- up phases. g. The initial phase should be repeated for each new crew to work on -site, or any time acceptable specified quality standards are not being met. 3.6.3 Follow-up Phase Daily checks shall be performed to assure continuing compliance with contract requirements, including control testing, until completion of the particular feature of work. The checks shall be made a matter of record in the CQC documentation and shall document specific results of inspections for all features of work for the day or shift. Final follow-up checks shall be conducted and all deficiencies corrected prior to the start of additional features of work which may be affected by the deficient work. The Contractor shall not build upon or conceal non -conforming work. 3.6.4 Additional Preparatory and Initial Phases Additional preparatory and initial phases may be conducted on the same definable features of work as determined by the Government if the quality of on -going work is unacceptable; or if there are changes in the applicable QC staff or in the on -site production supervision or work crew; or if work on a definable feature is resumed after a substantial period of inactivity, or if other problems develop. 3.7 TESTS 3.7.1 Testing Procedure The Contractor shall perform tests specified or required to verify that control measures are adequate to provide a product which conforms to contract requirements, see Table I -Minimum Testing. Testing includes operation and/or acceptance tests when specified. The Contractor shall procure the services of a Corps of Engineers approved testing laboratory. Approval of testing laboratories shall be by the Corps of Engineers Materials Testing Center, Waterways Experiment Station, 3909 Hall Ferry Road, Vicksburg, MS 39180-6199. A list of tests to be performed shall be furnished as a part of the CQC plan. The list shall give the test name, frequency, specification paragraph containing the test requirements, the personnel and laboratory responsible for each type of test, and an estimate of the number of tests required. The Contractor shall perform the following activities and record and provide the following data: a. Verify that testing procedures comply with contract requirements. b. Verify that facilities and testing equipment are available and comply with testing standards. c. Check test instrument calibration data against certified standards. d. Verify that recording forms and test identification control number system, including al I of the test documentation requirements, have been prepared. DACW67-99-B-0017 01400-6 98038/LD/ar 094283 e. Results of all tests taken, both passing and failing tests, will be recorded on the Quality Control report for the date taken. Specification paragraph reference, location where tests were taken, and the sequential control number identifying the test will be given. Actual test reports may be submitted later, if approved by the Contracting Officer, with a reference to the test number and date taken. An information copy of tests performed by an off -site or commercial test facility will be provided directly to the Contracting Officer. Failure to submit timely test reports, as stated, may result in nonpayment for related work performed and disapproval of the test facility for this contract. Test results shall be signed by an Engineer Registered in the state where the tests are performed. 3.7.2 Testing Laboratories 3.7.2.1 Capability Check The Government reserves the right to check laboratory equipment in the proposed laboratory for compliance with the standards set forth in the contract specifications and to check the laboratory technician's testing procedures and techniques. Costs of testing the Contractor Laboratory facilities for Government acceptance shall be borne by the Contractor. Laboratory facilities, including personnel and equipment, utilized for testing soils, concrete, asphalt and steel shall meet criteria detailed in ASTM D 3740 and ASTM E 329, and be accredited by the American Association of Laboratory Accreditation (AALA), National Institute of Standards and Technology (NIST), National Voluntary Laboratory Accreditation Program (NVLAP), the American Association of State Highway and Transportation Officials (AASHTO), or other approved national accreditation authority. All personnel performing concrete testing shall be certified by the American Concrete Institute (ACI). The contractor shall submit documentation showing the AALA, or other approved testing facility, certification, personnel ACI certifications, and the name and work experience of the Registered Professional Engineer on the staff. 3.7.2.2 Capability Recheck If the selected laboratory fails the capability check, the Contractor will be assessed a charge of $500.00 plus travel costs to reimburse the Government for each succeeding recheck of the laboratory or the checking of a subsequently selected laboratory. Such costs will be deducted from the contract amount due the Contractor. 3.7.3 On -Site Laboratory The Government reserves the right to utilize the Contractor's control testing laboratory and equipment to make assurance tests and to check the Contractor's testing procedures, techniques, and test results at no additional cost to the Government. 3.7.4 Furnishing or Transportation of Samples for Testing Costs incidental to the transportation of samples or materials will be borne by the Contractor. Samples of materials for test verification and acceptance testing by the Government shall be delivered to the Corps of Engineers Division Laboratory, f.o.b., at the following address: U.S. Army Corps of Engineers Materials Testing Center Waterways Experiment Station 3909 Hall Ferry Road Vicksburg, MS 39180-6199 DACW67-99-B-0017 01400-7 98038/LD/ar 094283 Phone: (610) 634-3974 ATTN: Project , Contract Number Coordination for each specific test, exact delivery location and dates will be made through the Area Office. If samples are scheduled to arrive at the laboratory on a weekend (after 1700 Friday through Sunday) notify the laboratory at least 24 hours in advance at (601) 634-3974 to arrange for delivery. 3.8 COMPLETION INSPECTION At the completion of all work or any increment thereof established by a completion time stated in the Special Clause entitled "Commencement, Prosecution, and Completion of Work," or stated elsewhere in the specifications, the CQC system manager shall conduct an inspection of the work and develop a "punch list" of items which do not conform to the approved plans and specifications. Such a list of deficiencies shall be included in the CQC documentation, as required by paragraph DOCUMENTATION below, and shall include the estimated date by which the deficiencies will be corrected. The CQC system manager or staff shall make a second inspection to ascertain that all deficiencies have been corrected and so notify the Government. These inspections and any deficiency corrections required by this paragraph will be accomplished within the time stated for completion of the entire work or any particular increment thereof if the project is divided into increments by separate completion dates. 3.9 DOCUMENTATION The Contractor shall maintain current records of quality control operations, activities, and tests performed, including the work of subcontractors and suppliers. These records shall be on an acceptable form and shall be a complete description of inspections, the results of inspections, daily activities, tests, and other items, including but not limited to the following: a. Contractor/subcontractor and their area of responsibility. b. Operating plant/equipment with hours worked, idle, or down for repair. c. Work performed today, giving location, description, and by whom. When Network Analysis (NAS) is used, identify each phase of work performed each day by NAS activity number. d. Test and/or control activities performed with results and references to specifications/plan requirements. The control phase should be identified (Preparatory, Initial, Follow-up). List deficiencies noted along with corrective action. e. Material received with statement as to its acceptability and storage. f. Identify submittals reviewed, with contract reference, by whom, and action taken. g. Off -site surveillance activities, including actions taken. h. Job safety evaluations stating what was checked, results, and instructions or corrective actions. i. List instructions given/received and conflicts in plans and/or specifications. DACW67-99-B-0017 01400-8 98038/LD/ar 094283 j. Contractor's verification statement. k. These records shall indicate a description of trades working on the project; the number of personnel working; weather conditions encountered; and any delays encountered. These records shall cover both conforming and deficient features and shall include a statement that equipment and materials incorporated in the work and workmanship comply with the contract. The original and one copy of these records in report form shall be furnished to the Government daily within 24 hours after the date(s) covered by the report, except that reports need not be submitted for days on which no work is performed. As a minimum, one report shall be prepared and submitted for every seven days of no work and on the last day of a no work period. All calendar days shall be accounted for throughout the life of the contract. The first report following a day of no work shall be for that day only. Reports shall be signed and dated by the CQC system manager. The report from the CQC system manager shall include copies of test reports and copies of reports prepared by all subordinate quality control personnel. 3.10 SAMPLE FORMS Sample Contractor Quality Control Report forms are enclosed at the end of this section. 3.11 NOTIFICATION OF NONCOMPLIANCE The Contracting Officer will notify the Contractor of any detected noncompliance with the foregoing requirements. The Contractor shall, after receipt of such notice, immediately take corrective action. Such notice, when delivered to the Contractor at the site of the work, shall be deemed sufficient for the purpose of notification. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work until satisfactory corrective action has been taken. No part of the time lost due to such stop orders shall be made the subject of claim for extension of time or for excess costs or damages by the Contractor. 3.12 IMPLEMENTATION OF GOVERNMENT RESIDENT MANAGEMENT SYSTEM FOR CONTRACTOR QUALITY CONTROL OF CONTRACT The Contractor shall utilize a Government furnished Contracting Quality Control (CQC) Programming Module (a computerized executable file which is DOS based and operates on a minimum 80386 IBM compatible computer). The Module includes a Daily CQC Reporting System form which must also be used. This form may be in addition to other Contractor desired reporting forms. However, all other such reporting forms shall be consolidated into this one Government specified Daily CQC Report Form. The Contractor will also be required to complete Government -Furnished Module elements which include, but are not limited to, Prime Contractor staffing; letter codes; planned cumulative progress earnings; subcontractor information showing trade, name, address, point -of -contact, and insurance expiration dates; definable features of work; pay activity and activity information; required Quality Control tests tied to individual activities; planned User Schooling tied to specific specification paragraphs and Contractor activities; Installed Property Listing, Transfer Property Listing and submittal information relating to specification section, description, activity number, review period and expected procurement period. The sum of all activity values shall equal the contract amount, and all Bid Items, Options and Additives shall be separately identified, in accordance with the "Bidding Schedule". Bid Items may include multiple Activities, but Activities may only be assigned to one such Bid Item. This Module shall be completed to the satisfaction of the Contracting Officer prior to any contract payment (except for Bonds, Insurance and/or Mobilization, as approved by the Contracting Officer), and shall be updated as required. DACW67-99-B-0017 01400-9 98038/LD/ar 094283 3.12.1 During the course of the contract, the Contractor will receive various Quality Assurance comments from the Government that will reflect corrections needed to Contractor activities or reflect outstanding or future items needing the attention of the Contractor. The Contractor shall acknowledge receipt of these comments by specific number reference on his Daily CQC Report, and shall also reflect on his Daily CQC Report when these items are specifically completed or corrected to permit Government verification. 3.12.2 The Contractor's schedule system shall include, as specific and separate activities, all Preparatory Phase Meetings (inspections); all O&M Manuals; and all Test Plans of Electrical and Mechanical Equipment or Systems that require validation testing or instructions to Government representatives. DACW67-99-B-0017 01400-10 98038/LD/ar Materials TABLE I MINIMUM SAMPLING AND TESTING FREQUENCY Test Minimum Sampling and Testing Frequency Fills, Embankments, Backfills, Subgrade, Subbase, and Base Course Material Fill and Embankment Field Density�2 Two tests per lift for each increment or fraction of 2,000 square yards and any time material type changes. Lab Density) One test initially per each type of materials or blended material and any time material type changes, and one every 10 field density tests. Gradationl One test every 200 cubic yards of fill for each type of materials or blended material and any time material type changes. Subgrade Field Density2/121 One test per each increment or fraction of 100 square yards. Lab Density3l One test every 10 field density tests. Backfill for Trenches, and Field Density2�U2 Walls, Pavements, and Other Structures Trenches: One test per lift for each increment or fraction of 500 lineal feet for backfill. Under pavements, one test every lift and at every crossing. Wall, Including Footings: One test per lift for each increment or fraction of 200 lineal feet of backfill. Areas enclosed by grade beams, compacted with power driven hand operated compactors: One test per lift for each increment or fraction of 46 square meters. DACW67-99-B-0017 01400-11 98038/LD/ar 094283 Materials Backfill for Trenches, and Walls, Pavements, and Other Structures TABLE 1 (con.) Test Minimum Sampling and Testing Frequency Pavements: Two tests per lift for each increment or fraction of 2,000 square feet. Other Structures: One test per lift for each increment or fraction of 61 lineal meters of backfill. Lab Densityl One test initially per each type of material or blended material and one every 10 field density tests. Gradation-U One test per each type of material or blended material and one every 10 field density tests. Base GradationJ(including .02 mm 1 sample for every 4,000 square yards. particles size limits. In -Place Density) 12 1 sample every 2,000 square yards. Moisture -Density 1 initially and every 20 density tests. Relationship) Asphaltic Concrete and Pavements (Non airfield) Asphaltic concrete Marshall method Test 1 test per day minimum and 1 per 1,000 tons thereafter. Specific Gravity 1 per each Marshall Test. Extraction 1 test for each Marshall Method. Gradation) 1 per each extraction test. Fracture faces) 1 per each extraction test. Cored or sawed specimens Perform complete test Take 1 set of 3 cored sawed specimens (thickness, in -place density and for each 1,000 square yards or fraction bulk specific gravity) on each thereof. One specimen shall be taken cored or sawed sample.L2-/ from longitudinal joint or from transverse joint. DACW67-99-B-0017 01400-12 98038/LD/ar 094283 TABLE I (con.) Materials Test Minimum Sampling and Testing Frequency Portland Cement Concrete Coarse and Fine Moisture, specific gravity and 1 initially. Aggregate) absorptionTy Gradation and fineness 1 every 250 cubic yards of concrete. modules Moisture, s ecific gravity and (same as coarse aggregate). absorption Concrete Slump Conduct test every day of placement and for every 25 cubic yards and more frequently if batching appears inconsistent. Conduct with strength tests. Entrained Air Conduct with slump test. Concrete Ambient and concrete Conduct with slump tests. temperatures Unit weight, yield, and water Conduct with strength tests. Check unit cement ratio weight and adjust aggregate weights to insure proper yield. Flexural strength and When specified for slabs on grade or for evaluation concrete pavements, take one set of 6 beams every 100 cubic yards of concrete with a minimum of 1 set per day. Two beams shall be tested at 7 days, two at 28 days, and two at 90 days. Compressive strength One set of 3 cylinders per day and every 100 cubic yards for each class of structural concrete. Test one cylinder at 7 days and two at 28 days. Additional field cure cylinders shall be made when insitu strengths are required to be known. Vibrators Frequency and amplitude Check frequency and amplitude initially and any time vibration is questionable. DACW67-99-B-0017 01400-13 98038/LD/ar 094283 DACW67-99-B-0017 01400-14 98038/LD/ar 094283 TABLE 1 NOTES: J All acceptance tests shall be conducted from in -place samples. J Additional tests shall be conducted when variations occur due to the contractors operations, weather conditions, site conditions, etc. J Classification (ASTM D-2487), moisture contents, Atterberg limits and specific gravity tests shall be conducted for each compaction test if applicable. J Materials to be submitted only upon request by the Contracting Officer. J Tests can substitute for same tests required under "Aggregates" (from bins or source), although gradations will be required when blending aggregates. J Increase quantities by 50 percent for Paving mixes and by 100 percent for Government testing of admixtures. Include standard deviation for similar mixes from the intended batch plant and data from a minimum of 30 tests, if available. Refer to ACI 214. 7/ A petrographic report for aggregate is required with the sample for source approval. If the total amount of all types of concrete is less than 200 cubic meters service records from three separate structures in similar environments which used the aggregates may substitute for the petrographic report. J Aggregate moisture tests are to be conducted in conjunction with concrete strength tests for w/c calculations. J Through LIJ Not used. The nuclear densometer, if properly calibrated, may be used but only in addition to the required testing frequency and procedures using sandcones. The densometer shall be calibrated and is recommended for use when the time for complete results becomes critical. DACW67-99-B-0017 01400-15 98038/LD/ar 094283 TABLE 2 STANDARD REPORT FORMS AND USE Form Number Form Title Form Use NPD 300 Transmittal of Material Samples Form to accompany any samples sent to NPD Laboratory NPD 326 Compaction Test Data Sheet Soil compaction tests. DD 1206 Sieve Analysis Data Sieve analysis data sheet for soils. NPD 320 Mechanical Analysis Test Data Sieve analysis data sheet and hydrometer data sheet for soils. ENG 2087 Gradation Curves Gradation graph for soils and aggregates. (To include specification limits). DD 1205 Soil Moisture Content Moisture content sheet for soils and/or aggregates. NPD 322 Specific Gravity and Absorption Test Specific gravity and absorption test for soil Data Sheet and aggregates. DD 1209 Atterberg Limits Determinations Test and graph for Atterburg limits tests. DD 1217 Bituminous Mix Design -Aggregate Aggregate blending sheet for asphaltic Blending concrete. NPD 346 Asphaltic Concrete Mix Design Asphaltic mix design and aggregate Report grinding. DD 1218 Marshall Method - Computation of Marshall Test form. Properties of Asphalt Mixtures NPD 88 Screen Analysis of Concrete Gradation test form for aggregates (self Aggregates carboning). NPD 357 Mortar Strength of Fine Aggregate Flexural and compressive strength test form Data Sheet for mortar. NPD 355 Data Sheet - Compressive and Compressive and/or flexural strength testing Flexural Strengths of Concrete (include averages per specification). NPD 359 Report of Concrete Mixture Design Mix design sheet for Contractor mix submittal. DACW67-99-B-0017 01400-16 98038/LD/ar 094283 Form Number NPS 57 TABLE 2 (con.) Form Title Statistical Evaluation of Concrete Compression Tests Form Use Summary sheet of concrete tests. Form can be used for flexural strengths if revised to conform with proper days specified. A separate sheet is to be used for each mix design. DACW67-99-B-0017 01400-17 98038/LD/ar 094283 (sample of typical Contractor's Daily Report) DAILY CONSTRUCTION QUALITY CONTROL REPORT Contract Number: Date: Rpt N Contract Title: Location: Weather: Clear _ P.Cloudy _ Cloudy _ Rainfall _ (_% of workday) Temperature during workday: High degrees F. Low _ degrees F. 1. WORK PERFORMED BY CONTRACTOR/SUBCONTRACTOR(S): Contractor Name No. of Workers Crafts/Hours Work performed 2. EQUIPMENT DATA: Type, Size, Etc. Owned/Rented Hours Used Hours Standby DACW67-99-B-0017 01400-18 98038/LD/ar 094283 3. QUALITY CONTROL INSPECTIONS AND RESULTS: (Include a description of preparatory, initial, and/or follow up inspections or meetings; check of subcontractors work and materials delivered to the site compared to submittals and/or specifications; comments on the proper storage of materials; include comments on corrective actions to be taken): 4. QUALITY CONTROL TESTING AND RESULTS (comment on tests and attach test reports): 5. DAILY SAFETY INSPECTIONS (Include comments on new hazards to be added to the Hazard Analysis and corrective action of any safety issues): 6. REMARKS (Include conversations with or instructions from the Government representatives; delays of any kind that are impacting the job; conflicts in the contract documents; comments on change orders; environmental considerations; etc.): CONTRACTOR'S VERIFICATION: The above report is complete and correct. All material, equipment used, and work performed during this reporting period are in compliance with the contract documents except as noted above. CONTRACTOR QC REPRESENTATIVE DACW67-99-B-0017 01400-19 98038/LD/ar 094283 (Sample of Typical Contractor's Test Report) TEST REPORT STRUCTURE OR BUILDING CONTRACT NO. DESCRIPTION OF ITEM, SYSTEM, OR PART OF SYSTEM TESTED: DESCRIPTION OF TEST: NAME AND TITLE OF PERSON IN CHARGE OF PERFORMING TESTS FOR THE CONTRACTOR: NAME SIGNATURE I HEREBY CERTIFY THAT THE ABOVE DESCRIBED ITEM, SYSTEM, OR PART OF SYSTEM HAS BEEN TESTED AS INDICATED ABOVE AND FOUND TO BE ENTIRELY SATISFACTORY AS REQUIRED IN THE CONTRACT SPECIFICATIONS. REMARKS SIGNATURE OF CONTRACTOR QUALITY CONTROL INSPECTOR DATE END OF SECTION DACW67-99-B-0017 01400-20 98038 094283 SECTION 01501 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1 GENERAL 1.1 AVAILABILITY OF UTILITY SERVICES 1.1.1 Water and Electricity The Contractor shall be responsible for providing its own water and electricity. 1.2 SANITARY PROVISIONS Contractor shall provide sanitary accommodations for the use of employees as may be necessary and shall maintain accommodations approved by the Contracting Officer and shall comply with the requirements and regulations of the State Health Department, County Sanitarian, or other authorities having jurisdiction. 1.3 TEMPORARY ELECTRIC WIRING 1.3.1 Temporary Power and Lighting The Contractor shall provide construction power facilities in accordance with the safety requirements of the National Electric Code NFPA No. 70 and the SAFETY AND HEALTH REQUIREMENTS MANUAL EM 385-1-1. The Contractor, or its delegated subcontractor, shall enforce the safety requirements of electrical extensions for the work of subcontractors. Work shall be accomplished by skilled electrical tradesmen. 1.3.2 Construction Equipment In addition to the requirements of SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1, dated 3 September 1996, temporary wiring conductors installed for operation of construction tools and equipment shall be either Type TW or THW contained in metal raceways, or shall be hard usage or extra hard usage multiconductor cord. Temporary wiring shall be secured above the ground or floor in a workmanlike manner and shall not present an obstacle to persons or equipment. Open wiring may only be used outside of buildings, and then only in accordance with the provisions of the National Electric Code. 1.3.3 Submittals Submit detailed drawings of temporary power connections. Drawings shall include, but not be limited to, main disconnect, grounding, service drops, service entrance conductors, feeders, GFCI'S, and all site trailer connections. DACW67-99-B-0017 01501-1 98038 094283 1.4 FIRE PROTECTION During the construction period, the Contractor shall provide fire extinguishers in accordance with the safety requirements of the SAFETY AND HEALTH REQUIREMENTS MANUAL, EM 385-1-1. The Contractor shall remove the fire extinguishers at the completion of construction. 1.5 STAGING AREA Contractor will be provided adequate open staging area as shown on the drawings or as directed by the Contracting Officer. Area is unsecured, and Contractor shall make provisions for its own security. Contractor shall be responsible for keeping staging area, and office area clean and free of weeds and uncontrolled vegetation growth. Weeds shall be removed by pulling or cutting to within 25 mm (1-inch) of ground level. Lawn areas shall be mown to keep growth to less than 51 mm (2-inches). All loose debris and material subject to being moved by prevailing winds in the area shall be picked up or secured at all times. If the area is not maintained in a safe and clean condition as defined above the Contracting Officer may have the area cleaned by others with the costs being deducted from the contractor's payment. 1.6 HOUSEKEEPING AND CLEANUP Pursuant to the requirements of Clause CLEANING UP and Clause ACCIDENT PREVENTION, of the CONTRACT CLAUSES, the Contractor shall assign sufficient personnel to insure compliance. The Contractor shall submit a detailed written plan for implementation of this requirement. The plan will be presented as part of the preconstruction safety plan and will provide for keeping the total construction site, structures, and accessways free of debris and obstructions at all times. Work will not be allowed in those areas that, in the opinion of the Contracting Officer, have unsatisfactory cleanup and housekeeping at the end of the preceding day's normal work shift. At least once each day all areas shall be checked by the Quality Control person of the Contractor and the findings recorded on the Quality Control Daily Report. In addition, the Quality Control person shall take immediate action to insure compliance with this requirement. Housekeeping and cleanup shall be assigned by the Contractor to specific personnel. The name(s) of the personnel shall be available at the project site. 1.7 PROJECT SIGN Contractor shall furnish and install two (2) project identification signs and two (2) safety performance signs in accordance with conditions hereinafter specified and layout shown on drawings attached at end of this section, except Corps communication mark will be Government furnished. Corps communication mark shall be secured with galvanized screws. All lettering shall be block type, upper case. Letters shall be painted black on white background using exterior -type paint. Sign shall be maintained in excellent condition throughout life of job. Project sign shall be located as directed. Upon completion of project, sign shall be removed and shall remain the property of Contractor except Corps communication mark will remain property of the Government. 1.8 ELEVATED WORK AREAS Workers in elevated work areas in excess of 2 meters (6 feet) above an adjoining surface require special safety attention. In addition to the provisions of SAFETY AND HEALTH REQUIREMENTS MANUAL, DACW67-99-13-0017 01501-2 98038 094283 EM 385-1-1, the following safety measures are required to be submitted to the Contracting Officer's Representative. Prior to commencement of work in elevated work areas, the Contractor shall submit drawings depicting all provisions of his positive fall protection system including, but not limited to, all details of guardrails. Positive protection for workmen engaged in the installation of structural steel and steel joist shall be provided by safety nets, tie -offs, hydraulic man lifts, scaffolds, or other required means. Walking on beams and/or girders and the climbing of columns is prohibited without positive protection. Perimeter guardrails shall be installed at floor, roof, or wall openings more than 2 meters (6 feet) above an adjoining surface and on roof perimeters. Rails shall be designed to protect all phases of elevated work. Rails shall be designed by a licensed engineer to provide adequate stability under any anticipated impact loading. As a minimum, the rails shall consist of a top rail at a height of 1,067 mm (42 inches), a mid -rail, and a toe board. Use of tie -offs, hydraulic man lifts, scaffolds, or other means of roof edge protection methods may be utilized on small structures such as family housing, prefabricated metal buildings, etc. If safety belts and harnesses are used, the positive fall protection plan will address fall restraint versus fall arrest. Body belts will ONLY be used for fall restraint, they will not be used for fall arrest. 1.9 TRAFFIC CONTROL PLAN The Contractor shall submit a Traffic Control Plan to the Contracting Officer for approval. This plan will be subject to the review of the City of Renton and other agencies and parties. The traffic control plan shall provide for moving traffic through and around the construction zone in a manner that is conducive to the safety of motorists, pedestrians, aircraft, and workers and for maintenance, repair and cleaning of traffic surfaces subjected to construction vehicles and equipment. This plan shall indicate scheduling, placement, and maintenance of traffic control devices in accordance with the U.S. Department of Transportation, Federal Highway Administration publication, Manual on Uniform Traffic Control Devices. The Contractor shall submit its Traffic Control Plan at least 14 working days prior to commencement of construction activities. Excavations shall not remain open for more than 1 working day without approval. The basic requirements for the Traffic Control Plan are attached to the end of this section. The attached plan is subject to any other pertinent requirements in the specifications and contract drawings and coordination with all necessary parties for approval. 1.10 DIGGING AND UTILITIES REQUIREMENTS 1.10.1 Excavation and Utility Clearance Before beginning any onsite excavation, the Contractor shall notify the Contracting Officer and the appropriate local authorities (notify Mr. Hathaway (425-277-6205), for the City of Renton) as required to maintain clearances from all the various utilities. Copies of clearances shall be provided to the Government Representative. Buried utility lines shall be marked in the field prior to excavation. The locations of any utilities obtained from the clearances shall be verified on or added to the as -built drawings. The Contractor shall obtain the services of a commercial utility locator service. 1.10.2 Utilities Not Shown All known existing utility lines are identified on the drawings. The Contractor shall verify prior to excavation, locations of all utilities, whether shown on the drawings or not shown on the drawings and not visible as to the date of this contract. The types of utilities the Contractor may encounter are waterlines, sewerlines (storm and sanitary), gaslines, fueling lines, steamlines, buried fuel tanks, septic tanks, other buried tanks, communication lines, and powerlines. These utilities may be active or abandoned utilities. DACW67-99-B-0017 01501-3 98038 094283 If such utilities will interfere with site operations, the Contractor shall immediately notify the Contracting Officer verbally and then in writing to enable a determination by the CO as to the necessity for removal or relocation. If such utilities are removed or relocated as directed, the Contractor shall be entitled to equitable adjustment for any additional work or delay. 1.11 HARD HAT SIGNS The Contractor shall provide 610 mm by 610 mm (24 by 24 inch) square Hard Hat Area signs at each entry to the project or work area as directed by the Contracting Officer. A minimum of two signs will be required. Signs shall be in accordance with the sketch at the end of this section. PART 2 PRODUCTS AND PART 3 EXECUTION (NOT APPLICABLE) DACW67-99-13-0017 01501-4 98038 094283 24" 20.25" I Lo N Lo ti ('7 C7 Ln - N N �L, N �N N N N � • SIGN SHALL BE FABRICATED FROM .125 THICK 6061-T6 ALUMINUM PANEL • COLOR 1. SAFETY RED (SR) 2. WHITE 3. WHITE 4. BLACK • LETTERING SHALL BE HELVETICA BOLD TYPOGRAPHY. • LETTERS AND BACKGROUND SHALL BE REFLECTIVE SHEETING MATERIAL. • SIGNS SHALL BE POSTED AT 6'-6" (BOTTOM SIGN TO GRADE) OR AS DIRECTED BY THE CONTRACTING OFFICER. LETTERING TO BE CENTERED ON PANEL. DACW67-99-B-0017 01501-5 / 1 3' 3' 3'-Ir I fkf- °n Project -7 Name r r I��rl US Amry Corps Location �O of Engineers Seattle DiOrid Local Sponsor: Ckintromr. Cities of Aberdeen S+4+ Anodalir, tnc and Cosmopolis, SaaNs, Was+kvton Washington 6 r- o- I•- 9' I•- 9' a•- o" 4 1/r r 9 l/r T/r 7/r T/r T/r 3/4' NOTES O SCALE: 3/4"= I'-0" I. ONE -TO TWO-LINE DESCRIPTION OF CORPS 6. ONE -TO FIVE -LINE IDENTIFICATION OF PRIME RELATIONSHIP TO PROJECT. CONTRACTORS INCLUDING:TYPE (ARCH.. GENERAL COLORS BLACK CONTRACTOR. ETC.) CORPORATE OR FIRM TYPEFACE: 1.25' HELVETICA REGULAR NAME, CITY, STATE. COLORS BLACK MAX. LENGTH: 19" TYPEFACE: 1.25" HELVETICA REGULAR MAX. LENGTH: 21" t CORPS COMMUNICATION MARK (2' X 2') WITH CASTLE AND DISTRICT NAME WILL BE GOVERNMENT 7. ALL TYPOGRAPHY IS FLUSH LEFT AND RAG FURNISHED. MOUNT AS SHOWN. DRILL 5/16' HOLES RIGHT, UPPER AND LOWER CASE WITH INITIAL AND SECURE WITH 1/4'X 1 1/2' INC ALUMINUM BOLTS. CAPITALS ONLY AS SHOWN. 3. ONE -TO THREE -LINE PROJECT TITLE LEGEND DESCRIBES THE WORK BEING DONE UNDER THIS CONTRACT. COLOR: BLACK TYPEFACE: 3" HELVETICA BOLD U.S. ARMY CORPS OF ENGINEERS MAX. LENGTH: 42" SEATTLE DISTRICT 4. ONE -TO TWO-LINE IDENTIFICATION OF PROJECT OR FACILITY CIVIL WORKS COLOR: BLACK TYPEFACE: 1.5" HELVETICA REGULAR MAX. LENGTH: 42" PROJECT IDENTIFICATION SIGN 5. CROSS -ALIGN THE FIRST LINE OF PROJECT OR FACILITY WITH FIRST LINE OF THE CORPS SIGNATURE (US ARMY CORPS) AS SHOWN. DRAWN BY: R.L.L. CHECKED BY: R.L.Y. SCALE: AS SHOWN 7 01501-6 0 Nt 6' 4 1/2- 10 1/2' c 2 1/4' 1w 2 I/4' 4' 17/8' 3' 17/s' 3" 1 7/8" 3 7/8" 3' I 2-7- � Safety Safety is a Job, Requirement Public Use Area Development Osage River Basin Pacific Marine Construction Corp. Galveston, Texas Thus orolaet hm a.. vltAout a oowateo I PP Ott thm Inju" LTTaft fors wafted an "Ws c"roet L"I tw •+krloa 1 3" NOTES ,•_ p- SCALE. 3/4"=N'-(r I. STANDARD TWO-LINE TITLE'SAFETY IS A JOB REOUIREMENT-. WITH 8' O.D. SAFETY GREEN FIRST All) LOGO. COLOR: TO MATCH PWS 347. TYPEFACE: 3- NF- ETICA BOLD COLOR: BLACK 2. ONE -TO TWO-LINE PROJECT TITLE LEGEND DESCRIBES THE W-W BEING DONE UNDER THIS CONTRACT mC NAME OF HOST PROJECT. COLOR: BLACK TYPEFACE: 1.5" W—VETICA REGULAR MAX. LINE LENGT& 42' 3. ONE -TO Two -LINE IDENTIFICATION: NAME OF PRIME: CONTRACTOR AND CITY, STATE ADDRESS. COLOR: BLACK TYPEFACE: 1.5' W-YE71CA REGULAR MAW. LINE LEND M 42' 4. STANDARD SAFETY RECORD CAPTIONS SHOWN. COLOR: BLACK TYPEFACE: 1.25' N> LVETICA REGULAR 5. REPLACEABLE NUWEERS ARE TO BE MOUNTED ON WHITE .060 ALLAE LAI PLATES AND SCREW - MOUNTED TO BAIZ"i20UN0. COLOR: BLACK TYPEFACE: 3' MEMETICA REGULAR PLATE SIZE: 2.5- Y 5' 6. ALL TYPOGRAPHY 6 FLUSH LEFT AND RAG RIGHT. UPPa AND LOWER CASE WITH INITIAL CAPITALS ONLY AS SHOWN. 4 7/a" 2 1/2' 2 1/2' 2 I/2' 7/8' 3 1/8' 56 2 7/8' NO SCALE I.I.S. ARMY CORPS OF ENGINE M SEATTLE DISTRICT CIVIL WORKS SAFETY PERFORMANCE SIGN DRAWN BY: R.LL CHECKED BY: ;LL.M. REVISED 7 APRIL 198E SCALE: AS SHOWNi SHEET 2 OF 3 01501-7 NO SCALE I. THE SIGN PANELS ARE TO BE FABRICATED FROM 3/4- HIGH - DENSITY OVERLAY PLYWOOD. 2. SIGN GRAPHICS TO BE PREPARED ON A WHITE NON -REFLECTIVE VINYL FILM WITH POSITIONABLE ADHESIVE BACKING I 3. &LL SL*MCS ON THE MECT SIGH ARE M E 016CUT OR XWUTER-CUT NU1HEReiitVE VINYL. PRE -SPACED LEGENDS PREPARED IN THE SIZES AND TYPEFACES SPECIFIED AND APPLIED TO THE BACXGROUNO PANEL cOLLOWING THE GRAPHIC FORMATS SHOWN. 4 DRILL AND INSERT SIX .375' T-NUTS FROM THE FRONT FACE OF THE NOD SIGN PANEL. ROE OF T•NUT M BE FLUM WITH WN FACE. S APPLY GRAPHIC PANEL TO PREPARED HDO PLYWOOD PANEL FOLLOWING MANUFACTURERS' INSTRUCTIONS. 7 5 SIGN UPRIGHTS TO BE STRUCTURAL GRADE 4' X 4' TREATED DODUZAS FIR OR SOUTHERN YELLOW PPE. NO. I OR BETTER. POST TO E 12' LONG. DRILL SIX .M- MOUNTING HOLES IN UPRIGHTS TO ALIGN WITH T-NUTS IN SIGN PANEL. C0LXTERSINK (1/2n BACK OF HOLE TO ACCEPT SOCKET HEAD CAP SCFEW (4- X .3T5-). ASSEMBLE S;GN PANEL AND UPRIGHTS. IMBED ASSEMBLED SIGN PANEL AND UPRIGHTS IN 4' HOLE. LOCAL SOIL CONDITIONS AND/OR WIND LOAD" MAY REOUIRC BOLTING ADDITIONAL 2" X 4' STRUTS ON INSIDE FACE OF UPRIGHTS TO RE114FORCE INSTALLATION AS SHOWN. U.S. ARMY CORPS OF ENGINEERS SEATTLE DISTRICT CIVIL WORKS SIGN FABRICATION AND MOUNTING DETAILS DRAWN BY: R.L.L. CHECKED BY: R.L.M. tEVISED 7 APRIL 1988 SCALE AS SHOWN SEET 3 OF 3 01501-.8 END OF SECTION 98038 094283 MINIMUM TRAFFIC CONTROL PLAN SCOPE CEDAR RIVER SECTION 205 FLOOD DAMAGE REDUCTION PROJECT The following is the minimum Traffic Control Plan scope for bidding purposes for the above project. The plan scope includes signage and flagging requirements as well as Foreign Object and Debris or "FOD" control around airport facilities, street cleaning, and repair and maintaining pavement and features affected by the construction operations to maintain their functional use. This is the minimum anticipated scope at this time based on assumed methods and schedule; the actual plan will need to be adjusted to actual construction methods and schedule and may require additional traffic control measures. The Contractor is required to prepare a Final Traffic Control Plan for review and approval by the Contracting Officer. The plan is subject to review by the appropriate local authorities and affected parties including the City of Renton (the City) and the Boeing Company. Implementation of the plan will require the Contractor to coordinate as a routine requirement with all affected parties including with the City and the Boeing Company. The Contractor is required to comply with all laws, regulations and best Management practices in control of traffic and assurance of public safety. The Contractor shall comply with all requirements of the specifications including the requirements for communication and vehicle warning lights. The Traffic Control Plan shall conform to the standard City of Renton Transportation Systems - Traffic Operations Traffic Control Plan (attached). Public safety is the exclusive liability of the Contractor. Signage and Flagging The Contractor shall supply and place the minimum signage, flagging and detours as shown on the attached maps and table. This is not an exhaustive list and is subject to modification as adapted to actual working conditions and in coordination with the Contracting Officer, the City, the Boeing company and enforcement officers. The Contractor will post flaggers at the west end of the S. Boeing Bridge and at North 6th Street, (and at the Cedar River Hangers if the location becomes a problem) at all times during hauling in these areas. The Contractor should treat work in these locations as construction under traffic. General Access requirements The Contractor shall, at all times possible, maintain a minimum of one lane of traffic on the Airport East Perimeter Road. The Contractor is operating on an active airport and will treat all construction outside of the park as construction under traffic. The Contractor shall yield to aircraft, and will remove all equipment from, clean, and plate all openings in the path of aircraft. The Contractor shall not impede aircraft, vehicle and pedestrian movement across the S. Boeing Bridge or in any other location. Access shall be maintained to the Cedar River Hangers and along or around the perimeter road for airport related activities at all times. The Cedar River Hangers shall be kept functional during the work. The Contractor shall coordinate with the City, the Cedar River Hangers organization and the Tie Down organization to schedule evacuation of aircraft from the tie down area and any hangers that would have blocked access. DACW67-99-B-0017 01501-Al 98038 094283 The Contractor shall coordinate with the King county sewer project boring operation and any other non -routine activities in the area during construction. Construction fencing will be used for all closures of the park to the public. The Contractor shall comply with all FAA and City construction requirements, standards and codes. The Contractor shall maintain communications with the Renton Control Tower at all times while operating within 200 feet of the runway. During 737 and 757 jet brake tests and take offs the Contractor shall evacuate all personnel and equipment north of the"Non-directional beacon" to an area designated_ by the Airport Manager. Prior to take off or brake testing the Contractor, in direct communication with the tower, shall spot check the runway edges for FOD, tie down any loose equipment that could mobilize due to jet blast, smooth temporary stock piles and wet down or otherwise protect all exposed soil next to the runway to avoid dust mobilization. The City requires contractors operating within the City to sign a letter of special billing to pay for actions the City must do as a result of private contractor actions such as overtime for inspectors and emergency repairs. The contractor may be liable for these fees and may be required to sign the City's standardized letter of special billing. (see attached) Foreign Object and Debris or "FOD" control and street cleaning The Contractor shall provide full time constant street sweeper activity using a sweeper equipped with non-metallic bristles only; and hand sweeping or anything necessary to keep FOD in check. The Contractor is responsible to keep FOD from getting tracked onto taxiways: taxiways will be kept essentially spotless, no rocks, gravel or dirt will be allowed on the surface. Particular attention will be paid to the South Boeing Bridge, East Perimeter Road, all detour routes and the area around the Cedar River Hangers. The Contractor understands that the risk of tracked material getting onto the runway cannot be over emphasized. FOD is a constant extreme threat with construction work around airports. The Contractor shall also provide full time sweeper truck activity along the project haul routes in the City and construction areas. City streets shall be swept a minimum of two times daily. The Contractor anticipates, and shall comply with, frequent requests for additional cleaning. Repair and maintaining pavement and features to maintain functional use The Contractor shall keep all roadways or taxiways in use, in functional repair for all users during construction. The Contractor shall repair any damage, pot holes, rip -ups, loose alligator/blocking, etc., and "not normal city street wear" to which they contributed and as directed by the Contracting Officer. This includes preventing damage as best possible, and temporary patching of all holes or tear -ups in the perimeter road which are used by access traffic and aircraft for taxiing or tie downs. The Contractor will be responsible for any other specific damage they have caused. DACW67-99-B-0017 01501-A2 DRAFT TRAFFIC CONTROL PLAN Position I Period Action Flagger 1 When construction traffic is hauling across I Flagger to direct traffic at West approach of the South Boeing Bridge and regulate Position lapproach to South Boeing Bridge and traffic using Detour Route A - B. Flagger required to keep FOOD off of roadway. whein hanger traffic is routed along Detour Aircraft movements can not be impeded, clear lane on bride at all times. 1 Route A - B. Flagger 2 (Not presently planned) - only needed if Position hauling across east abutment of South Boeing Bridge. Flagger When construction traffic is hauling Flagger to coordinate hanger traffic, construction traffic and aircraft at the Cedar 3 'Position between points "E" & "B" only if there are River Hangers. Flagger to monitor and sweep up FOOD on roadway and taxiway. complaints from the Cedar River Hangers tenants or as directed by the Inspector. Flagger When construction traffic is hauling to and Flagger to coordinate traffic at entrance to park and Boeing crossing. 4 Position from Park. - Fence and gate to close park during off construction hours sign Position Sign Position Sign Position Sign Position Sign Position 1 When hauling along East Perimeter Road Signs need yellow flashers: at South Boeing Bridge - proper flagger ahead warnings - STOP sign @ bridge When hauling along trail on East side of Signs need yellow flashers: 2 South Boeing Bridge - STOP sign @ bridge 3 When hauling along trail on East side of Signs need yellow flashers: South Boeing Bridge - STOP sign @ bridge 4 When hauling along East Perimeter Road Signs need yellow flashers: at South Boeing Bridge proper flagger ahead warnings - STOP sign @ bridge When hanger traffic is routed along Detour Signs need yellow flashers: 5 Route A - B. - Detour sign - Appropriate direction arrows as directed - STOP signs Sign 6 Position When hanger traffic is routed along Detour Signs need yellow flashers: Routes J - P -A or N - P. Detour sign Appropriate direction arrows as directed STOP signs Cones and snow fence barricades as directed Sign 7 When hanger traffic is routed along Detour Signs need yellow flashers: Position Routes J - P - A or when section J - A is Detour sign closed. Appropriate direction arrows as directed STOP signs Cones and snow fence barricades as directed Sign 8 When construction traffic is hauling along Signs need yellow flashers: Position j East Perimeter Road. Coming & going arrows @ corner 15 MPH sign Construction sign Sign 9 lWhen construction traffic is hauling along Signs need yellow flashers: Position I East Perimeter Road. - Coming & going arrows & "SLOW' @ comer 15 MPH sign Construction ahead sign Trucks u iw i-r,a Position Period Action Sign 10 When construction traffic is hauling North Signs need yellow flashers: Position of Cedar River Hangers -Warning authorized vehicles only (traveling North) - Call FAA tower before entry (traveling North) - "YIELD TO AIRCRAFT", "SLOW', 15 MPH" (traveling south) Sign 11 When construction traffic is hauling by Signs need yellow flashers: Position Cedar River Hangers -Coming & going arrows & "SLOW" @ all corners 15 MPH sign - YIELD TO AIRCRAFT Sign 12 jWhen construction is occurring in the park (Signs need yellow flashers: Position and Flagger Position #4 is occupied proper flagger ahead warnings I- Construction ahead Sign 13 When construction is occurring in the park. Signs need yellow flashers: Position - PARK CLOSED -Construction ahead Sign 14 When construction is occurring in the park. -PARK CLOSED Position - move existing Bryn Mawr construction sign to be viewed by parking lot and update Sign 15 When construction is occurring in the park. - PARK CLOSED Position I - Construction Sign 16 When construction is occurring in the park. -CLOSED Position - Construction Sign 17 i When construction is occurring in the park.!- PARK CLOSED Position i I Construction Sign 18 1 When construction is occurring in the park. - PARK CLOSED Position - Construction Sign 19 When construction is occurring in the park. - PARK CLOSED Position - Construction Sign 20 When construction is occurring in the park. - PARK CLOSED Position - Construction Sign '21 When construction is occurring in the park. - PARK CLOSED Position - Construction Sign 22 When hauling is occurring on East Signs need yellow flashers: Position i Perimeter Road -Trucks entering roadway Signs need yellow flashers: Sign 23 lWhen haul traffic exiting parking lot Position I - Trucks entering roadway Signs need yellow flashers: Sign 24 When East Perimeter Road is closed on Position section "K" - "J" due to sheet pile driving - Detour sign -Appropriate direction arrows as directed - STOP signs - Cones and snow fence barricades as directed Signs need yellow flashers: Sign _25 When East Perimeter Road is closed on Position section "L" - "K" - Detour sign -Appropriate direction arrows as directed - STOP signs - Cones and snow fence barricades as directed �(on both ends of section "L" - X") 01501-A4 TCPALS Sheetl 11/16/98 8:53 AM Position Period Sign (arrow) Action arrow signs facing traffic to direct them on the route shown. Cones and orange snow fence shall also be used to direct traffic. As shown and as associated Detour route is used. Sign "15" 15 MPH sign - Caution construction 01501-A5 TCP.XLS Sheetl 11/16/98 8:53 AM t4 CITY OF RENTON DEPARTMENT OF PUBLIC WORKS r, s i -.k�f`� yI s ,. I I 01501-A6 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/1998 SHEET 1 CITY OF RENTON + DEPARTMENT OF PUBLIC WORKS iN SITION 814 a• CHAIN LINK 'TEMPORARY CONSTRUCTION FENCE; d cr +M $ems r{ s NOT TO SCALE SIGN � POSITION mla2 15 Q ;r 'HAIN LINK -TEMPORARY C❑NSTRUCTION FENCE k. © .•• SIGN �w SI SIGN •••� POSITION #24 OSITIDN Nl � 416 sPOSITI[N1 IC ONLY I `L l `,SIGN SIGN _ d IDrF \ j" � . POSITIIN iF17 ftw¢ POSITION N25 POSITION #21 a , bsial POSITION N8 e\A IGH � I❑N �2n . are, Ir ' E OSIGG 4 t Y s as OS MN N18 ,. AIN LINK TEMPORARY CONSTRUCTION FENCE -- Av +' SIGN -t, yp .. v.^I!* .tom a"$x�i•r.'.' - h ,?f'!! y^..?-. 01501-A7 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/199E SHEET 2 &M CITY OF RENTON .,a IN DEPARTMENT OF PUBLIC WORKS •• •ss n.u. T - NON, CONSTRUCTION ONLY , TION ROUTE J-P-A h ALL TRAFFIC DURING S s SHEETPILE CONSTRUCTION BETWEEN SOUTH BOEING BRIDGE L POINT .'J' (combination dash L dot) Renton rlStadium V C R:(da►she . NI O SIGN © SIGN POSITION k14 n ...+ POSITIM i7 ;'• '• IGN CHAIN LINK TEMPORARY POSITION k6 CONSTRUCTION FENCE ROUTE H__ ? NON -CONSTRUCTION r x : BOEING EMPLOYEE _~ ? TRAFFIC ONLY DURINrCX SHEET PILE �r :CONSTRUCTION -P :BETWEEN POINTS 99 74ND POINT 'J' MAIN CONSTRUCTION ` RATE (dashed) iA ,,'• `�� , , j LAB °SIGN `\ ., POSITION k23 � n 'ROUTE M - A (alt. w/ Boeing approval) %'•., NON -CONSTRUCTION �••., 15 HANGER TRAFFIC ONLY �'••,• r % DURING SHEETPILE FLOODWALL CONSTRUCTION '•..,� I"`f( BETWEEN POINTS '0' L 'J' ' .,• ILL REQWRE HANGER PERMIT �•,�. a ROUTE K - N •. , NON -CONSTRUCTION HOEING, HANGER, AND BUSINESS TRAFFICjM&Y cr 0 � �� c•r_u ram: `POSITION k22° 3 � c > o Co mzs >SIGN - 10 w Si POSITMN k24 OSMpp DURING SHEET PILE WALL CONSTRUCTIONr SIGN ��;: '•.,� BETWEEN POINTS 'K' AND 'O' ` POSITION • k25 SIGN' `�I ( POSiTI k9 SIGN tl"IJ v r POSITION k8 a" MAIN CONSTRUCTffNN ROUTE (dashed), Airport Way .. k •.ai.. ,Yc _. POSITION #21 01501-A8 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/1998 SHEET 3 1'R CITY OFRENTON �+ DEPARTMENT OF PUBLIC WORKS ROUTE A - B NON-CONSTRU HANGER TRAF DURING LEVE BETWEEN SOU AND CEDAR RI E Cedar River '+ Hangers � 1� SIGN 1 POSITION #11 1 1 1 1 1 1 1 1� 1 h la 1h 14> 1� CTION 1 FIC ONLY Compass 1 Q. CONSTRUCTIM Rose 1.. TH Boom BRIDGE • 1 , VER HANGERS 1 1 MAIN CONSTRUCTION 1 ROUTE (dashed) 1 "s 1 1 vSIGN nq POSITION #5 v < N .. h y, r fN NOT TO SCALE •••••••••• a DETOUR - NON CONSTRUCTION1 ' TRAFFIC ONLY !�� —� CONSTRUCTION TRAFFIC ROUTES FLAGGER . N.6th St. Y POSITION M4 -ROUTE A - H (alt. IP apppproved by Boeing) NON -CONSTRUCTION HANGER TRAFFIC ONLY DURING SHEETPILE CONSTRUCTION BETWEEN POINTS '0' 6 'J .Yi WILL REQUIRE HANGER PERMIT,. Boeing South Boeing Apron 'D' Bridge O$GN FbSITION k3 SIGN PBS •O A2 ...... •'• FLAGGER OSIGN POSITION NMI POSITION e4 SIGN TOSITION Al 01501-A9 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/1998 SHEET 4 n• CITY OF RENTON .,u DEPARTMENT OF PUBLIC WORKS ;ALE r e ' + '_'n �'' ••••uu••�••• DETOUR — NON CONSTRUCTION ' �} TRAFFIC ONLY ^ CONSTRUCTION TRAFFIC €� ROUTES i i.. � �� ..., nr,-c w.ta.. u.tx».as � ...�iabrY,t, aw. _s.,i .fu..? :,:'.s ,. .. .N' :i ,c*i-:�..'F'`s? �r �'� *� •• e!?a _...�n s .,`sil�mkn; ..1:7i=:.+....,...,.... ... t ^� FLAGGER N.6th St, SIGN North 6th Street OSIGN POSITION N4 _. POSITION M12 POSITION v� r>A ,-ROUTE A - H (att. If opproved by BoeMgj b a NON CONSTRUCTION. r HANGER TRAFFIC ONLY y DURING SHEETPILE CONSTRUCTION 3 BETWEEN POINTS '0' 4 '.J' QUIRE HANGER WILL RE PERMIT: , r J i c { J` w s BoelnB 2 S Apron .D.Ing Asoe ,. t "OSGN ftITION k3 I. SIGN,. — � FLAGGER • , POSITIDN *1 , POSITION *4 MASIGN ITION Bi A 01501-A 10 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/1998 SHEET 5 li CITY OF RENTON DEPARTMENT OF PUBLIC WORKS 1 1 _ 1 "•"^��•••• • DETOUR - NON CONSTRUCTION TRAFFIC ONLY i to —•�--� CONSTRUCTION TRAFFIC h ROUTES �9 MAIN CONSTRUCTMN ROUTE (dashed) ; 1OVA4 1 p NOT TO SCALE .y MAIN CONSTRUCTION` ROUTE (dashed) 1 c'o " SIGN . P[JSITION N10 X p:u �1r N-. N µ FLAGGER , a SITION N3 DUPO 44 Cedarl Liver Mangers Im y t> 1 �SIGN 1 POSITIDrJ MiY 1 a 01501-A11 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/197 SHEET 6 CITY OF RENTON .0 DEPARTMENT OF PUBLIC WORKS Lake WnshWQton ONorth Boeing Bridge '••••'•••••••• DETOUR — NON CONSTRUCTION TRAFFIC ONLY --� CONSTRUCTION TRAFFIC ROUTES 1 1 AREA OF HIGH INTENSITY JET WASH CORDINATE CLOSELY WITH AIRPORT MANAGER AND BOEING CO. TO PROTECT AGAINST MOBILIZATION OF 1 MATERIALS BY,BLAST AND TO 1 CONTROL FOD x f. Ilk , � s A Wa U ru < 4 , r 1 " , �t . f 5 1 SECTION F G r= CONSTRUCTM N AND OFFICIAL ! AIRPORT TRAFFIC ONLYa 1 AREA MUST BE EVACUATED DURING 737 AND 737 AIRCRAFT , TAKEOFFr LANDDIGS L BRAKE TESTS: t 1 jj- 1 100 MAIN CONSTRUCTION`S a 01501-Al2 MINIMUM TRAFFIC CONTROL PLAN SCOPE DATE 11/1998 SHEET 7 CITY OF RENTON TRANSPORTATION SYSTEMS —TRAFFIC OPERATIONS TRAFFIC CONTROL PLAN CONSTRUCTION COMPANY: ADDRESS: CONSTRUCTION SUPERINTENDENT: PROJECT LOCATION: WORK TIME: — WORK DATE: N/E/S/W OF: APPROVED BY: _ APPROVAL DATE: APPL. DATE: PERMIT /: PHONE /: ( ) MOB./CEL.: ( ) FAX 1: ( ) NOTES: 1) CALL 911 (USING LOCAL PHONE) OR (253) 854-2005 (USING CELL PHONE), FIRE & POLICE DEPARTMENTS BEFORE ANY CLOSURE. 2) CALL MEMO TRANSIT CONTROL CENTER AT (208) 684-2732 AT LEAST TWENTY—FOUR (24) HOURS BEFORE ANY STREET OR LANE CLOSURE AND 30 MINUTES BEFORE THE ACTUAL CLOSURE. 3) THIS PLAN MUST BE SUBMITTED AT LEAST THREE (3) WORKING DAYS PRIOR TO WORK. 4) APPROVED TRAFFIC CONTROL PLAN MUST BE AT WORK SITE DURING-WO$K HOURS. 1f� SKETCH have been informed of my responsibilities for traffic control and free to comply with all traffic regulations of the City of Renton. SIGNATURE: DATE: OMCE COPY T- CONTRACTOR INSPECTOR NE1L WATTS POLICE DENNIS GERBE.R JlM GRAY c\W.VTK ate,, "0KS\,o14,W-P,,, 01501-A 13 I, , representing agree to comply with all traffic regulations of the City of Renton. I shall prepare a traffic control plan and obtain City approval of that plan. That plan shall be implemented for all street and lane closures, and the plan shall be performed in compliance with the Manual on Uniform Traffic Control Devices. I shall notify emergency services twenty-four (24) hours before any street or lane closures. I understand any lane or street closures not in conformance with the approved traffic control plan and/or without notification of emergency services may result in my receiving a citation for violation of R.C.W. 47.36.200 through 47.36.220, 9A.36.050 Reckless Endangerment, and other applicable State and City codes. I certify I am responsible for the project and the responsible party to be cited for violation of R.C.W. 47.36.200 through 47.36.220 or 9A.36.050 Reckless Endangerment, and other applicable State and City codes. NAME: D.O.B.: SSi#: - - HOME ADDRESS: WORK ADDRESS: WORK PHONE: HOME PHONE: COLOR EYES: WEIGHT: HEIGHT: COLOR HAIR: WASHINGTON STATE DRIVERS LICENSE NUMBER: h.W ivision. s\transpor.tatbperatioVn f-con1 Cites 01501-A 14 ENo ROAD YORR � 1 y0 G20-2o � CHANNELIZING DEVICE SPACING IFTI MPH I Toper Tangent 0/65 40 Bo 5/AS k 30 60 5/30 20 40 LEGEHO eee Channelizing Devices K— Flogger NOTES 1. Floodlights shall be provided to mark flogger stations of night. 2. If entire work area Is visible from one station, one flogger may be used, otherwise two (loggers and signing will be required each direction. 3. Sign sequence is the some for both directions of travel. 4. See Buffer Data Table. Use of buffer vehicle is recommended, it may be a work vehicle. If buffer vehicle is used, minimum from end of toper to work area sholI be total of "R" (roll ahead distance) plus length of vehicle, plus "B" (buffer space). 1f buffer vehicle is not used, minimum distance shall be "B". S. Steady burning warning lights (Type C, MUTCD) should be used to mark channeliiing devices at night as needed. 6. Either reverse cone toper or sign G20-2o may be used to show end of work area. 1120-70 eE PREPARED / 10 / STOP N20-801 (optional( ONE LANE ROAD / ANE All M20-4 �y SIGN SPACING TABLE Roadway Type Speed x iSoc't Freeways and Expres3woys SS/E5 MPH for es per M 1 ) Rural Roods 45/55 MPH Soo,: Urban Arterlola 3S/40 MPH 350'= Urban Streets Residentol 25/30 MPH 2O0't Ond Business Districts Typical application of traffic control devices on a two -lone highway where one lane is closed and flogging is provided. BUFFER DATA Buffer Space Speed (MPH) 25 1 30 1 35 1 40 1 45 1 50 SS 60 65 B (FT) • 55 ES 120 170 220 2B0 335 415 4B5 Buffer Vehicle Roll Ahead Distance 4 Yard Dump Truck 24.000 LBS Stott onory Operation Moving Operation B (FT$ ■ 100 175 Roll Ahead Stopping Distance Assumes 65 MPH Speed and Dry Pavement ROAD WORK AHEAD AN M21-4 Inccrpero«o cnontes to chapter of MUTCD one resipne0 SJO DATE REv1SlON !r[A�IWD F U fl i =A FAQ U0 kAT RUSE TRAFFIC CONTROL PLANI WASHINGTON STATE DEPARTMENT Of TRANSPORTATION OLYMPIA. WASHINGTON APPROvEO MONTH DAY, YEAR STANDARD PLAN K-2 NORK AREA M4-8 DETOUR M3- 4 NEST I 512 I MI-601 M6-3 x W NOTE: G Signii D one d r� LEGEND am Type 111 Borricotle Typical application - Roadway closed beyond detour point NOTES ROAD I. Regulotory.trafflc control devices as needed for the duration of to be modified the detour. CLOSED _ _ Rll-2 2. floshin wornin lightsIT a g A, MUTCO) shall x be used to markborrricatlesyof night as needed. 3. Detour troilbla2ers sholl be installed as necessary � throughout detour route. x ROAD CLOSED j AHEAD N20- 3 ROAD CLOSED kX MILES LOCAL TRAFFIC ONLY R11-3o 41 \LE144- JO M4-8 M3-4 M1-601 15-11L) SIGN SPACING TABLE Roadway Type Speed x Freewa swand Expressays 55/65 MPH 1500'± for as per MUT ) Rural Roads 45/55 MPH 500'± Urbon Arterlols 35/40 MPH 35O't Urban Streets Residentol 25/30 MPH 200't and Business Districts Incorporated changer to Chapter 6 01 MUTCO and resigned SJD GATE REVISION APPR'0 FOR LOCAL Q(MIEHC ll USE. TRAFFIC CONTROL PLAN WASHINGTON STATE DEPARTMENT OF TRANSPORTATION OLYMPIA, WASHINGTON APPROVED MONTH DAY, YEAR STANDARD PLAN K-3 O c 0 D v POD LEGEND 00o ChanneIizirig Devices ® Type III Barricade SIGN SPACING TABLE Roadway Type Speed X Freewayys and 55/65 MPH 1500''- (or as per Expres§woys UTCO) Rural Roods 45/55 MPH. 500'2 ur b arl Art•ricis 35/40 I,IO tI .i.5.I1.•- Urban Streets Residental 25/30 MPH 200'2 and Business Districts Typical oppiicotion of traffic control devices on a two -lone highway where the entire roadway is closed and o bypass detour is provided. ti 2� Oy 1010 O� 0 Q NOTES 1. Sign sequence is the some for both directions of travel, adjusted for direction of roadway curves. 2. Flashing warning lights and/or flogs may be used to toll attention to the advance warning signs. 3. Conflicting pavement markings no longer oppIIcob le shall be removed. Temporor morkings shall be used to delineate bypass de jr 4. Reflective deIIneotIor) devices ore used on bypass where needed. 5. Steady burning warning lights (Type C, MUTCD) shall be used to mark chonnelizing devices at night as needed. 6. Where advisoryy speeds ore 30 MPH or less, reverse turn signs (111-3) shall be used. Other curve or turn warning signs may be substituted to depict roadway alignment as appropriate. 1 (v P 1 -k ,L -V � do / / P r4/ Qo�5§ � ?ti t� CHANNELIZING DEVICE SPACING (FT) MPH Toper Tangent 50/65 40 so 35/45 30 60 25/30 20 40 FOR LOCAL Z�QRHCV USE y Incorporated chen9es to Cnepter 4 of MUTCO end reslgned SIO DATE REVISION ar I APPR'D TRAFFIC CONTROL PLAN WASHINGTON STATE DEPARTMENT OF TRANSPORTATION OLYMPIA, WASHINGTON APPROVED MONTH OAT, YEAR STANDARD PLAN K-4 ENO ROAD YORs or reverse cone toper to ?G 2a show end of work area 500'+ Buffer Vehicle with TMA (optional) 100' —I R h— I i— 8 --'1 I // I I V I I I WORK 0 ° ARE A z o I BUFFER DATA Buffer Space Speed (MPH) 25 30 1 35 1 40 1 45 1 50 1 55 1 60 1 65 8 (FT) = 55 85 1 120 170 220 280 335 415 485 Buffer Vehicle Roll Ahead Distance 4 Yard Dump Truck 24.000 LBS Stationary Operation Moving Operation 8 (FT) = 100 175 Roll Ahead Stopping Distance Assumes 65 MPH Speed and Dry Pavement LEGEND a a a ChonneIizing Devices COD Sequential Arrow Sign N4-2(L) 1120-5(R) Black on Orange RIGHT LAN CLOSED AHEAD X I X W21-4 ROAD VEI X I SIGN SPACING TABLE Roadway Type Speed X Freeways and Expres§ways 55/65 MPH 1500''- (or as per M T ) Rural Roods 45/55 MPH 500'' Urban Arterlals 35/40 MPH 350't Urban Streets Residento1 25/30 MPH 200't and Business Districts MINIMUM TAPER LENGTH = L IN FEET Lane Width (feet) Posted Speed (MPH) 25 30 1 35 40 45 °O 55 65 10 105 150 205 270 450 500 550 11 115 165 225 295 495 550 605 12 12S 180 245 320 540 1 6001660I ?to NOTE 1. if Buffer Vehicle is not used see Buffer Data Table for required buffer space distance. CHANNELIZING DEVICE SPACING (FT) MPH Taper Tangent 50/65 40 80 35/45 30 60 25/30 20 40 FOR LOCAL AalEHC V UIVE TRAFFIC CONTROL PLAN WASHING70N STATE DEPARTMENT OF TRANSPORTATION OLYMPIA. WASHINGTON typical application - doytlme operation of short duratlon on a tour -lone divided roadway where one lane is closed. Incorporared Chonges to Chopter 6 of HVTCO and resigned SJOI APPROVED MONTH DAY, YEAR DATE REVISION et I1:�R D STANDARD PLAN K- 7 G20-2o * *--J-* ENO ROAD WORK Or reverse cone taper 0 0 to snow end of 1 I , • 00 '^ work area I T Buffer Vehicle with 1 beacon (optional) i I • I •lam J I x A I I N <*> I I • • I I I x W4 2(L) I I BLACK ON ORANGE x A W20 51R1 Z PoCNT (See Note I ) 110 LAIES CLOSED x AF{AD W 2 I 4 } j ROAD (See Noie 1) WORK AHEAD LEGEND 0 0 0 CHANNELIZING DEVICES [>p SEOUENTIAL ARROW SIGN Typical Application - Closing two lanes of a multi -]one highway NOTES 1. Flashing warning lights and/or flogs sholl be used to call attention to early warning signs when specified in contract. Buffo ehicle moy be a work vehicle. 3. If buffer vehicle is not used see Bufftr Data for required buffer space distance. SIGN SPACING TABLE ROADWAY TYPEPSPEEDX FREEWAYS 6 EXPRESSWAYSERURA HUTCD R0A 00't URBAN So'! ECARttTER``IALS SMIN 55RO15TRIRE D lA 200't CHANNELIZING DEVICE SPACING (FT) MPH TAPER TANGENT 50/65 60 35/45 30 60 25/30 20 1 AO I ncorporoted changes to Chapter 6 of WUTCD and r eslgne a. ABN _ DATE I REVISION er APPR'p MINIMUM TAPER LENGTH (L) IN FEET Poefed Speed Vnph) 25 30 3s 40 45 50 SS 65 I 105 150 205 2T0 450 SOO SSO - IIS 16S 22S 2ri eri SSO 605125 1E0 24S 320 540 1 COD 1460 T60 BUFFER DATA BUFFER SPACE SPEED (MPH 25 30 35 AO AS 50 SS 60 6S a. (FT) IS, 6S 120 170 220 2D0 335 -IS A65 BUFFER VEHICLE ROLL AHEAD DISTANCE A YARD DUMP TRUCK, STATIONARY MOVING 24.000 LES OPERATION OPERATION R. -100' 175' ROLL AHEAD S70►PING DISURCE ASSUMES 65 MPH SPEED AND DRY PAVEMENT. V:®W LOCAL TRAFFIC CONTROL PLAN WASHINGTON 57ATE DEPARTMENT OF TRARSPDRTATIOH OLYMPIA, WASHING70M APPROVED MONTH DAY, YEAR STANDARD PLAN K-8 TYP. 'SIGNS � BARRICADES . USED IN ROADWAY CONSTRUCTION AREAS ROAD ROAD CLOSED ROAD CLOSED CLOSED LOCAATAArf C Orrin TNRU TRAFFIC 4A'X!O' 60'X30" 60"X 30' iLK.ON SILVER(REFL.) BLK.ON SILVER(REFL) 01-K.011 SILVER (REFL.) ROAD DETOUR ROAD CONSTRUCTIO CLOSED AHEAD AHEAD AHEAD 48 wX 48 " 48'X48" 48"X40" BLK, Oil ORANGE (REFL) BLK.ON ORANGE BLK. 011 ORANGE FLAGGER Al1EAD O 1 4 8'X 24" 48 "X 24" O 4C' X 40 BLK.ON ORANGE [ILK, oil ORANGE 9LK..ON ORANGE (REFLJ (REEL.) N (REFL1 0 =EH13CTION 60'X24" BLK.ON ORANGE (REFLI DETOUR X X I.I.P.N. • 48"X IB" OLK.ON ORANGE 24"X24" (REFL.1 BMW ORANGE. (REFU E ALFICLY 30"X 38" BLK.ON ORA,p1OE VIM.) TYPE III BARRICADE TYPE 11 BARRICADE ORANGE Oil SILVER (REFL3 TYPE III BARRICADE ORANGE ON SILVER (REFL3 TYPE 1 BARRICADE QRANGE ON SILVER p (REFL.1 ROAD CONSTRUCTI AHEAD 25 VERTICAL PANEL PORTABLE ORANGE ON SILVER 18" TRAFFIC DELINEATOR (REFLI C011E ORANGE ORANGE 0 AUTHORIZATION OF SPECIAL BILLING DATE: PROJECT NAME: PROJECT NUMBER: WORK ORDER No.: It is the intent of this letter to authorize the City of Renton to bill the undersigned for all costs incurred relative to the referenced project, by the City of Renton for the following work: TIME AND MATERIALS FOR ANY AND ALL ROAD CLEANUP EFFORTS PERFORMED BY CITY FORCES OR CITY CONTRACT. ALL OVERTEVIE FOR INSPECTION AND RELATED ACTTVTTIES, BILLABLE AT A RATE OF FIFTY DOLLARS (S50.00) AN HOUR TIME AND MATERIAL FOR ANY WORK DONE BY CITY STAFF TO REPAIR DAMAGES. BILLING TO BE SENT TO: Name: Company: Address: Phone: Owner/Developer or Authorized Agent 01501-A21 98038 094283 DACW67-99-B-0017 01501-A22 98038/LD/ar SECTION 01560 CARE AND DIVERSION OF WATER PART I - GENERAL 1.1 SCOPE 094283 This section describes the dewatering, disposal, and/or diversion of any water which might be required for performance of contract work. The work includes; care and any necessary diversion of water in the vicinity of Logan Street low wall work areas, and runoff from excavation and grading areas. 1.2 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Data Work Plan; GA. Submit overall plan for care and any required diversion of water. Drawings Designs; FIO. Contractor shall submit design plan for care and temporary diversion of water from work areas if required to complete contract work. PART 2-PRODUCTS 2.1 MATERIALS As required to provide temporary control. PART 3 - EXECUTION 3.1 DEWATERING 3.1.1 General Prior to start of construction, the overall plan for care and any necessary diversion of water shall be submitted to the Contracting Officer for review and approval. Unless otherwise specified, all facilities, equipment, and structures for care and diversion of water shall become the property of the contractor and shall be removed upon completion of the work except the permanent drainage features of the project. DACA67-99-13-0017 SECTION 01560-1 98038/LD/ar 3.2 QUALITY CONTROL 094283 In accordance with SECTION: CONTRACTOR QUALITY CONTROL, quality control shall be established and maintained for the care and diversion of water, which shall include, but not be limited to: a. Any necessary diversions and other structures are constructed in accordance with the approved design. b. Regular maintenance is instituted and carried out as long as water control and pumping are required. c. Water passages, structures, and sumps are kept clear of dirt, rocks, wood, trash or other debris. d. The work areas are kept free of running or standing water as necessary. e. Water used in processing, cleanup, or curing is controlled and properly disposed of. f. The care and diversion of water complies with the requirements of SECTION: ENVIRONMENTAL PROTECTION and the Stormwater Pollution Prevention Plan. g. Required removal and cleanup of facilities for care and diversion of water is done in a satisfactory manner. END OF SECTION DACA67-99-13-0017 SECTION 01560-2 98038/ld 094283 SECTION 01702 AS BUILT RECORDS AND DRAWINGS PART1 GENERAL 1.1 SUBMITTALS Data listed in PART 3 of this section shall be submitted in accordance with section 01300 SUBMITTAL PROCEDURES. Due dates shall be as indicated in applicable paragraphs and all submittals shall be completed before final payment will be made. PART 2 PRODUCTS (NOT APPLICABLE) PART 3 EXECUTION 3.1 AS -BUILT FIELD DATA 3.1.1 General The Contractor shall keep at the construction site a complete set of full size blueline prints of the contract drawings, reproduced at Contractor expense. During construction, these prints shall be marked to show all deviations in actual construction from the contract drawings. The color red shall be used to indicate all additions and green to indicate all deletions. The drawings shall show the following information but not be limited thereto: a. The locations and description of any utility lines and other installations of any kind or description known to exist within the construction area. The location includes dimensions and/or survey coordinates to permanent features. b. The locations and dimension of any changes within the building or structure, and the accurate location and dimension of all underground utilities and facilities. c. Correct grade or alignment of roads, structures, and utilities if any changes were made from contract plans. d. Correct elevations if changes were made in site grading from the contract plans. e. Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor including, but not limited to, fabrication erection, installation, and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc. f. The topography and grades of all drainage installed or affected as part of the project construction. g. All changes or modifications from the original design and from the final inspection. h. Where contract drawings or specifications allow options, only the option actually used in the construction shall be shown on the as -built drawings. The option not used shall be deleted. DACW67-99-B-0017 01702-1 98038/ld 094283 These deviations shall be shown in the same general detail utilized in the contract drawings. Marking of the prints shall be pursued continuously during construction to keep them up to date. In addition, the Contractor shall maintain full size marked -up drawings, survey notes, sketches, nameplate data, pricing information, description, and serial numbers of all installed equipment. This information shall be maintained in a current condition at all times until the completion of the work. The resulting field -marked prints and data shall be referred to and marked as "As -Built Field Data," and shall be used for no other purpose. They shall be made available for inspection by the Contracting Officer's representative whenever requested during construction and shall be jointly inspected for accuracy and completeness by the Contracting Officer's representative and a responsible representative of the Contractor prior to submission of each monthly pay estimate. Failure to keep the As -Built Field Data (including Equipment - in -Place lists) current shall be sufficient justification to withhold a retained percentage from the monthly pay estimate. 3.1.2 Submittal of the As -Built Field Data Two sets of the As -Built Field Data shall be submitted to the Contracting Officer for review and approval a minimum of 20 calendar days prior to the date of final inspection. If review of the preliminary as -built drawings reveals errors and/or omissions, the drawings will be returned to the Contractor for corrections. The Contractor shall make all corrections and return the drawings for backcheck to the Contracting Officer within 10 calendar days of receipt. When submitted drawings are accepted, one set of marked drawings will be returned to the Contractor for the completion of the as -built drawings. 3.2 AS -BUILT ELECTRONIC FILE DRAWINGS 3.2.1 The Government will submit to the Contractor one set of the contract drawings original record tracings. These drawings are part of the permanent records of this project and the Contractor will be held responsible for their protection and safety until they are returned to the Contracting Officer. Any drawings damaged or lost by the Contractor shall be satisfactorily replaced in like medium, quality, and size as the originals at the Contractor's expense. The Contractor shall return the contract drawings original record tracings to the Government within 30 calendar days. 3.2.1.1 The Contractor shall digitize the drawings in Intergraph MicroStation electronic file format , to be used for as -built drawings. The electronic file format, layering standards and submittal requirements are specified in paragraphs below. 3.2.2 No later than 30 days after final acceptance a complete set of as -built drawings shall be submitted in Interraph MicroStation electronic file format.. The electronic file format, layering standards and submittal requirements are specified in paragraphs below. The as -built drawings shall be done in a quality equal to that of the originals. Line work, line weights, lettering, and use of symbols shall be the same as the original line work, line weights, and lettering, and symbols. If additional drawings are required they shall be prepared in electronic file format under the same guidance. When final revisions have been completed, each drawings shall be identified with the words "AS -BUILT" in block letters at least 3/8-inch high placed above the title block if space permits, or if not, below the title block between the border and the trim line. The date of completion and the words "REVISED AS -BUILT" shall be placed in the revision block above the latest revision notation. 3.2.3 Electronic File Submittal Requirements 3.2.3.1 The MicroStation electronic file(s) deliverable shall be in MicroStation release 5.0 `DGN' binary format. All support files required to display or plot the file(s) in the same manner as they were developed DACW67-99-B-0017 01702-2 98038/ld 094283 shall be delivered along with the files. These files include but are not limited to Font files, Pen Tables, and Referenced files. 3.2.3.2 Layering shall conform to the guidelines defined by the American Institute of Architects (AIA) standard document, "CAD Layer Guidelines", Copyright 1990. An explanatory list of which layer is used at which drawing and an explanatory list of all layers which do not conform to the standard AIA CAD Layer Guidelines including any user definable fields permitted by the guidelines shall be provided with each submittal. 3.2.3.3 Electronic Deliverable Media: All electronic files shall be submitted on MS-DOS FAT or extended FAT format 89 mm ( 1/s inch) 1.44 MB floppy disks or ISO 9660 format CD-ROM, as directed by the Contracting Officer. Two complete sets of disks shall be submitted along with one complete set of prints and one complete set of mylars taken from the disks. Each floppy disk shall be clearly marked with typewritten self-adhesive disk labels which shall contain the following information: Contractor's firm name, project name and location, submittal type (AS -BUILT), the name of each file contained within the disk or archive file, the format and version/release number of each file, a disk number indicating the numeric sequence of the disk in the submittal along with the total number of disks in the submittal, and date the disk was made. If submittal is made on CD-ROM, only the Contractor's firm name, project name and location, submittal type (AS -BUILT) and date will be required. Each submittal shall be accompanied by a hard copy transmittal sheet that contains the above information along with a tabulated information about each file, as shown below: Electronic File Name Plate Number Drawing Title Electronic version of the table shall be included with each submittal set of disks. 3.2.4 Submittal of the Final As -Built Drawings The final as -built record drawings shall be completed and returned together with the approved preliminary as -built drawings to the COE, Seattle District Office, Survey Branch, Engineering Records, within 30 calendar days of final acceptance. All drawings from the original contract drawings set shall be included, including the drawings where no changes were made. The Government will review all final as -built record drawings for accuracy and conformance to the drafting standards and other requirements contained in DIVISION 1 GENERAL REQUIREMENTS. The drawings will be returned to the Contractor if corrections are necessary. The Contractor shall make all corrections and shall return the drawings to the same office within 7 calendar days of receipt. 3.3 All costs incurred by the Contractor in the preparation and furnishing of as -built drawings in electronic file format shall be included in the contract price and no separate payment will be made for this work. Approval and acceptance of the final as -built record drawings shall be accomplished before final payment is made to the Contractor. 3.4 One set of marked -up as -built blueline prints shall be furnished at the time of system acceptance testing. These as -built blueline prints shall be in addition to the submittals of marked -up as -built blueline prints specified elsewhere in the contract. DACW67-99-B-0017 01702-3 98038/ld 094283 MANDATORY LAYER NAMES (CIVIL SITE PLANS ONLY LAYER NAME TO INCLUDE COLOR BORDER Border, Title Block, N Arrow, Scale 8 (Dark Grey) TXT Title Block, Text, Notes, Dims 11 (Dark Green) STRUCT Bldg. Outlines 4 (Cyan) STRUCT T Bldg. Numbers (Red) CONTOURS Index & Intermediate Index/ 4 (Cyan) Intermediate/ 1 (Red) UTILS All 7 (White) PAVED Paved Roads 2 (Yellow) PAVED T Street Names 1 (Red) UNPAVED Unpaved Roads 1 (Red) Any specific questions regarding layering standards may be referred to the project engineer. DACW67-99-B-0017 01702-4 98038Ad 094283 RECOMMENDED LAYER TITLES Proposed Layers for a CIVILJSITE Drawing: Layer List: O (Not Used), BORDER, KEYMAP, SITEPLAN, FTPRINT, SOILBOR, CONTOURS, GRADING, LANDSCP, LAWNSPR, PAVING, WATER, SEWER, STDRAIN, ELECT, COMM, PHONE, NATGAS, SECTIONS, DETAILS, DEMOL, NEW, DIMS, TXT, MISC Proposed Layers for a FOUNDATION Drawing: Layer List: O (Not Used), BORDER, DEMOL, EXISTING, NEW, DIMS, TXT, MISC, KEYMAP, FDPLAN, SECTIONS, DETAILS, MISC Proposed Layers for an ARCHITECTURAL Drawing: Layer List: O (Not Used), BORDER, KEYMAP, FLPLAN, DOORS (SWINGS), WDWS, DIMS, TXT,DEMOL, NEW, SECT, DETAILS, SCHED, INTELV, MISC Proposed Layers for a STRUCTURAL Drawing: Layer List: O (Not Used), BORDER, KEYMAP, FLPLAN, DEMOL, NEW, BLDGSECT, STRDET, DIMS, TXT, MISC Proposed Layers for a Roof Drawing: Layer List: O (Not Used). BORDER, KEYMAP, FLPLAN, ROOFPLAN, ROOFFRMG, DEMOL, NEW, DIMS, TXT, MISC Proposed Layers for an EXTERIOR ELEVATIONS Drawing: Layer List: O (Not Used), BORDER, KEYMAP, NELEV, SELEV, EELEV, WELEV, DIMS, TXT, MISC Proposed Layers for a MECHANICAL DRAWING: Layer List: O (Not Used), BORDER, KEYMAP, FLPLAN, DIMS, TXT, WATER, SEWER, HVAC, SPRINKLER, SCHED, MISC Proposed Layers for a HVAC Drawing: Layer List: O (Not Used), BORDER, KEYMAP, FLPLAN, DIMS, TXT, HVAC, CONTROLS, SCHED, MISC Proposed Layers for a LIGHTING Drawing: Layer List: O (Not Used), BORDER, KEYMAP, FLPLAN, ELEDT, DIMS, TXT, DIAG/SCHEM (DIAGRAMS/SCHEMATICS), SCHED, MISC Proposed Layers for an ELECTRICAL Drawing: DACW67-99-B-0017 01702-5 98038/ld 094283 Layerst: O (Not Used), BORDER, KEYMAP, FLPLAN, ELECT, DIMS, TXT, DETAILS, DIAGRAMS, SCHED, MISC Proposed Layers for a COMMUNICATIONS / TELEPHONE Drawing: Layer List: O (not Used), BORDER, KEYMAP, FLPLAN, PHONEJCK, COMMDEV, CIRCUITS, PANELS, DIMS, TXT, DETAILS,DIAGRAMS, SCHED, MISC END OF SECTION DAC W67-99-B-0017 01702-6 98038/ld 094283 SECTION 01703 WARRANTY OF CONSTRUCTION PART 1 GENERAL 1.1 SUBMITTALS Submittals shall be made in accordance with SECTION 01300: SUBMITTAL PROCEDURES. Submittal dates shall be as defined in PART 3 of this section. PART 2 PRODUCTS (NOT APPLICABLE) PART 3 EXECUTION 3.1 WARRANTY OF CONSTRUCTION (APR 1984) (FAR52.246-21) 3.1.1 In addition to any other warranties in this contract, the Contractor warrants, except as provided in paragraph 3.1.9 of this Clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment, material, or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier. 3.1.2 This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance, this warranty shall continue for a period of 1 year from the date the Government takes possession. 3.1.3 The Contractor shall remedy at the Contractor's expense, any failure to conform, or any defect. In addition, the Contractor shall remedy, at the Contractor's expense, any damage to Government -owned or controlled real or personal property, when that damage is the result of: a. the Contractors failure to conform to contract requirements or b. any defect of equipment, material, workmanship, or design furnished. 3.1.4 The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractors warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement. 3.1.5 The Government will notify the Contractor, in writing or by telephone, after the discovery of any failure, defect, or damage and the Contractor shall respond and be on -site to investigate the problem within 1 working day after notification. The Contractor shall furnish, and maintain, a 24 hour emergency telephone number as the point of contact. For failures, defects, or damage causing loss of power or heat, the Contractor shall respond and mitigate problem within 4 hours. 3.1.6 If the Contractor fails to remedy any failure, defect, or damage within 5 working days after receipt of notice, the Government will have the right to replace, repair, or otherwise remedy the failure, defect, or damage at the Contractors expense. DACW67-99-B-0017 01703-1 98038/1d 094283 3.1.7 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract, the Contractor shall: a. obtain all warranties that would be given in normal commercial practice; b. require all warranties to be executed, in writing, for the benefit of the Government, if directed by the Contracting Officer; and c. enforce all warranties for the benefit of the Government, if directed by the Contracting Officer. 3.1.8 In the event the Contractor's warranty under paragraph 3.1.2 of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor's, manufacturer's, or supplier's warranty. 3.1.9 Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government -furnished material or design. 3.1.10 This warranty shall not limit the Government's rights under the Inspection of Construction clause of this contract with respect to latent defects, gross mistakes, or fraud. 3.1.11 After final acceptance of the work, the Contractor shall furnish and install an Equipment Warranty Sticker on Contractor -installed equipment. Lettering shall be block -type upper case and easily readable. Sticker shall be of a durable type material and of a type that can be written on. Sticker shall state the following: a. The title "Equipment Warranty." b. Contractor's name and Contract Number. c. Date warranty expires. d. Point of contact, including name and telephone number. e. Manufacturer. 3.1.12 Defects in design or manufacture of equipment specified by the Government on a "brand name and model" basis shall not be included in this warranty. In this event, the Contractor shall require the subcontractors, manufacturers, or suppliers thereof to execute their warranties, in writing, directly to the Government. END OF SECTION DACW67-99-B-0017 01703-2 98038/LD/ar 094283 SECTION 02050 DEMOLITION PART1 GENERAL 1.1 GENERAL REQUIREMENTS The work includes demolition, salvage of identified items and materials, and removal of resulting rubbish and debris. Rubbish and debris shall be removed from project site daily, unless otherwise directed, to avoid accumulation at the demolition site. Materials that cannot be removed daily shall be stored in areas specified by the Contracting Officer. 1.2 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Data Work Plan; GA. The procedures proposed for the accomplishment of the work. The procedures shall provide for safe conduct of the work, careful removal and disposition of materials specified to be salvaged, protection of property which is to remain undisturbed, coordination with other work in progress, and timely disconnection of utility services. The procedures shall include a detailed description of the methods and equipment to be used for each operation, and the sequence of operations. 1.3 DUST CONTROL The amount of dust resulting from demolition shall be controlled to prevent the spread of dust to occupied portions of the construction site and to avoid creation of a nuisance in the surrounding area. Use of water will not be permitted when it will result in, or create, hazardous or objectionable conditions such as ice, flooding and pollution. 1.4 PROTECTION 1.4.1 Protection of Existing Property Before beginning any demolition work, the Contractor shall carefully survey the site and examine the drawings and specifications to determine the extent of the work. The Contractor shall take all necessary precautions to avoid damage to existing items to remain in place, to be reused, and any damaged items shall be repaired or replaced as approved by the Contracting Officer at no additional cost to the Government. The Contractor shall carefully coordinate the work of this section with all other work and shall construct and maintain shoring, bracing and supports, as required. The Contractor shall ensure that structural elements are not overloaded and shall be responsible for increasing structural supports or adding new DACW67-99-B-0017 02050-1 98038/LD/ar 094283 supports as may be required as a result of any cutting, removal, or demolition work perfornied under this contract. 1.4.2 Environmental Protection The work shall comply with the requirements of Section 01061 ENVIRONMENTAL PROTECTION. 1.5 BURNING Burning will not be permitted. 1.6 USE OF EXPLOSIVES Use of explosives will not be permitted. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 EXISTING STRUCTURES Existing structures indicated shall be removed. Sidewalks, curbs, and gutters shall be removed as indicated. 3.25 UTILITIES Existing utilities shall be removed as indicated. When utility lines are encountered that are not indicated on the drawings, the Contracting Officer shall be notified prior to further work in that area. 3.3 FILLING Holes and other hazardous openings shall be filled in accordance with Section GRADING (EARTHWORK). 3.4 DISPOSITION OF MATERIAL Title to materials and equipment to be demolished, excepting Government salvage and historical items, is vested in the Contractor upon approval by the Contracting Officer of the demolition plan and authorization to begin demolition. The Government will not be responsible for the condition, loss or damage to such property after notice to proceed. 3.4.1 Salvageable Items and Materials 3.4.1.1 Material Salvaged for the Contractor Material salvaged for the Contractor shall be stored as approved by the Contracting Officer and shall be removed from from the site before completion of the contract. Material salvaged for the Contractor shall not be sold on the site. DACW67-99-B-0017 02050-2 98038/LD/ar 094283 3.4.1.2 Items Salvaged To Be Reused Onsite The following items shall be removed by the Contractor and reinstalled at new locations identified on the drawings. (a) Overhead Trail Lighting Fixture and lamp are to be reused on new pole. (b) Catchbasins At Contractor's option, existing catchbasins may be reused if suitable and if undamaged by removal at new locations indicated on drawings. (c) Tables and Benches in Park Tables and benches marked for removal may have timber sections on tabletops and bench seats and backs reused if undamaged by removal. Damaged material shall be replaced with same dimension as damaged. Salvaged or new timbers will be mounted on new supports. (d) Trees Identified trees shall be removed by a tree spade and placed on location identified on drawings. (e) Fence Fence materials removed to complete work can be reinstalled in same alignment. Damaged materials shall be replaced with approved equal. (f) Irrigation Equipment Irrigation equipment removed to complete work can be reinstalled and damaged materials shall be replaced in accordance with Specification Section 02811 IRRIGATION SPRINKLER SYSTEMS 3.4.1.3 Items Salvaged For The Government Salvaged items to remain property of the Government shall be removed in a manner to prevent damage. The following items reserved as property of the Government shall be delivered to a location on site as directed by the Contracting Officer 13 each, 12 inch by 18 inches, Aluminum "No Parking" signs. 3.4.2 Unsalvageable Materials Concrete, masonry, asphalt paving and other materials shall be disposed of in offsite disposal area. DACW67-99-B-0017 02050-3 98038/LD/ar 094283 3.5 CLEAN-UP Debris and rubbish shall be removed from construction, demolition, and staging areas. Debris shall be removed and transported in a manner that prevents spillage on streets or adjacent areas. Local regulations regarding hauling and disposal shall apply. END OF SECTION DACW67-99-B-0017 02050-4 98038/LD/ar 094283 DACW67-99-B-0017 02050-5 This page intentionally blank 98038/LD/ar SECTION 02100 CLEARING, GRUBBING, AND STRIPPING PART1 GENERAL 1.1 DEFINITIONS 1.1.1 Clearing 094283 Clearing shall consist of the felling, trimming, and cutting of trees into sections and the satisfactory disposal of the trees and other vegetation designated for removal, including down timber, snags, brush, and rubbish occurring in the areas to be cleared. 1.1.2 Grubbing Grubbing shall consist of the removal and disposal of stumps, roots larger than 1-1/2 inches in diameter, matted roots, buried logs, old piling, old paving and other objectionable matter from the levee embankment footprint. PART 2 PRODUCTS (Not Applicable) PART 3 EXECUTION 3.1 WORK LIMITS Clearing and grubbing limits shall be 5 feet outside of the top of excavations, or the toe of fills or embankments or shall be the grading limit as indicated on the drawings. Clearing limits for sheet pile shall be 5 feet on either side of floodwall or as required for access. 3.2 PREPARATION OF WORK The Contractor shall notify the Contracting Officer in writing at least 8 calendar days prior to start of clearing in area. Existing significant vegetation to be preserved and protected within the project limits shall be clearly marked by flagging by the Contracting Officer prior to clearing operations. 3.3 CLEARING Tree and other vegetation to be cleared are designated on the drawings. All other vegetation shall be left standing. Trees, stumps, roots, brush, and other vegetation in areas to be cleared shall be cut off flush with or below the original ground surface, except (a) such trees and vegetation as may be indicated or directed to be left standing and (b) In areas where clearing and grubbing is required, all clearing shall be to a height appropriate for the method of grubbing to follow and DACW67-99-B40017 02100-1 98038/LD/ar 094283 (c) trees designated as salvaged shall be stored at locations as directed by the Contracting Officer and transplanted in locations indicated on drawings. Trees and vegetation to be left standing shall be protected from damage incident to clearing, grubbing, and construction operations by the erection of barriers or by such other means as the circumstances require. Clearing shall also include the removal and disposal of structures that obtrude, encroach upon, or otherwise obstruct the work such as fencing, pavement, culverts, stone, old piling and other structures not specifically shown or designated to be conserved, salvaged, or to be demolished in accordance with Section 02050, DEMOLITION. Trees and vegetation to be preserved which is damaged or destroyed by the Contractor during construction activities shall be replaced as noted on the drawings at the Contractor's expense. 3.4 GRUBBING Material to be grubbed, together with logs and other organic or metallic debris not suitable for foundation purposes, shall be removed to a depth of not less than 24 inches below the original surface level of the ground in areas indicated to be grubbed and in areas to receive levee fill, embankment or drainage structure and to a depth not less than 18 inches in other areas, such as areas to be paved. Depressions made by grubbing shall be filled with suitable material and compacted to make the surface conform with the lower level of adjacent stripping operations. Sides of holes and depressions shall be flattened prior to backfilling. Backfill shall be in layers. Each layer shall be tamped to a density equal to the adjoining undisturbed material, see Section 02210 GRADING (EARTHWORK), paragraph FILLS AND EMBANKMENT. 3.5 STRIPPING All areas to receive fills or embankments or to be excavated shall be stripped to a depth of 6 inches unless otherwise specified or shown on the contract drawings. Stripped materials not suitable as topsoil or soil/vegetation mulch shall be disposed of outside of the project limits at disposal sites selected by the Contractor. 3.6 CONSERVATION OF TOPSOIL Surface sandy silty materials obtained from stripping or excavation operations may be used for topsoil. Topsoil shall be removed without contamination with subsoil and shall be stockpiled free of roots, stones larger than 3 inches, and other undesirable materials at Noelco site or at locations as approved by the Contracting Officer. 3.7 REMOVAL OF BLACKBERRY BUSHES AND KNOTWEED 3.7.1 Removal of noxious and invasive weeds and undesirable exotics shall occur in early spring or early fall prior to any grading activities or disturbance to the site. Due to the locations of the weeds/undesirables, removal shall consist primarily of hand cutting and digging and post -emergent foliar (non -selective) herbicides. Specific recommendations for removal follow: a. Japanese Knotweed: Dig up the entire root system and plant top and remove. Chemical control can consist of cutting the canes back in mid -summer and spraying the regrowth with dicampa. This chemical should not be used in areas containing roots of desirable susceptible plants. DAC'W67-99-B-0017 02100-2 98038/LD/ar 094283 b. Blackberries: Hand removal can be attempted with these species, but most likely will be difficult to eradicate completely and regrowth will likely increase due to stimulation of the plant by `pruning'. Cacodylic Acid (contact type) and glyphosate (Kleenup, Knock -out, or Roundup), Amitrole, and Ammonium Sulfamate (Ammate) are systemic types and can be sprayed on follage when actively growing. Follow directions, and after plants die completely (approximately one-two weeks), dig out and remove. 3.7.2 All debris shall be carefully removed from the site and disposed of as specified in paragraph 3.8. 3.7.3 Chemical control should be selected based on the vegetation to be eradicated. All chemical applications should follow state laws and regulations as well as manufacturer's instructions. Application should be applied during low rainfall and low wind conditions. 3.7.4 Desirable plants should be protected at all times during weed/undesirable plant removal. Tops of desirable plants shall be protected from damage and overspray of chemicals. Roots shall be protected from damage and drying out due to exposure. 3.8 DISPOSAL OF MATERIALS 3.8.1 Materials Other Than Salvageable Timber Logs, stumps, roots, brush, rotten wood, and other refuse from the clearing and grubbing operations, shall be disposed of outside the limits of the project at the Contractors responsibility, except when otherwise approved by the Contracting Officer in writing. Such permission will state the conditions covering the disposal of such products and will also state the areas in which they may be placed. Materials from the clearing and grubbing operations that are not to be conserved shall be considered the property of the Contractor and shall be disposed of outside the limits of the project site. END OF SECTION DACW67-99-B-M 17 02100-3 98038/LD/ar 094283 DACW67-99-B-0017 02100-4 98038.LD/ar SECTION 02210 GRADING (EARTHWORK) PART 1 GENERAL 1.1 REFERENCES 094283 The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 136 ASTM D 422 ASTM D 1556 ASTM D 1557 ASTM D 2167 ASTM D 2487 ASTM D 3740 ASTM D 4318 1.2 DEFINITIONS 1.2.1 Degree of Compaction Sieve Analysis of Fine and Coarse Aggregates Particle -size Analysis of Soils (1982) Density of Soil In -Place by the Sand -Cone Method (1991) Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 10-1b. (4.54-kg) Rammer and 18-in.(457-mm) Drop (1984) Density and Unit Weight of Soil In -Place by the Rubber Balloon Method (1985) Classification of Soils for Engineering Purposes Evaluation of Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction Liquid Limit, Plastic Limit and Plasticity Index of Soils Degree of compaction is a percentage of the maximum density obtained by the test procedure presented in ASTM D 1557, abbreviated below as a percent of laboratory maximum density. PART 2 PRODUCTS 2.1 MATERIALS 2.1.1 Satisfactory Materials Satisfactory materials shall comprise any materials classified by ASTM D 2487 as GW, GP. Materials classified as GP -GM, GM, or gravelly SM or SP-SM are also satisfactory provided they contain moisture contents suitable for the intended use and are free from roots and other organic matter, trash, debris, and frozen materials, and provided that the materials also meet the other requirements specified herein. DACW67-99-B-0017 02210-1 98038.LD/ar 094283 Materials classified as SP, SW, SM or SP-SM shall be considered satisfactory for levee embankment subgrade provided that they meet the same requirements listed above. 2.1.2 Unsatisfactory Materials Materials which do not comply with the requirements for satisfactory materials are unsatisfactory. Unsatisfactory materials shall comprise any materials classified by ASTM D 2487 as Pt, OH, and OL, SP, SW, SM and any materials containing organic matter. Unsatisfactory materials also include man-made fills, refuse, or backfills from previous construction having moisture contents which are not suitable for the intended use. Materials classified as SP, SW, SM and SP-SM shall not be classified as unsatisfactory materials for levee embankment subgrade so long as they meet the requirements contained in paragraph 2.1.1 above. 2.1.3 Cohesionless and Cohesive Materials Cohesionless materials include materials classified in ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC, SC, NIL, CL, MH, and CH. Materials classified as GM and SM will be identified as cohesionless only when the fines have a plasticity index of zero. Testing required for classifying materials shall be in accordance with ASTM C 136, D 422, D 4318, D 1140, and D 2217, Procedure B. 2.1.4 Levee Embankment Material Levee embankment material shall consist of silty sandy gravel or sandy gravel with silt meeting the following gradation: U.S. Standard Sieve Size Percent by Weight Passing 6 inches 100 No. 4 40-75 No. 200 6-25 2.1.5 Ramp and Road Embankment Material Ramp and Road Embankment Material shall be the same as levee embankment material. 2.1.6 Borrow Material Borrow material shall be selected to meet requirements and conditions of the particular fill for which it is to be used. 2.1.6.1 Selection Borrow materials shall be obtained from offsite sources approved by the Contracting Officer. The source of borrow material shall be the Contractor's responsibility. Unless otherwise provided in the contract, the Contractor shall obtain from the owners the right to procure material, shall pay all royalties and other charges involved, and shall bear all the expense of developing the sources, including rights -of -way for hauling. Necessary clearing, grubbing, and satisfactory drainage of borrow pits and the disposal of debris DACW67-99-B-0017 02210-2 98038.LD/ar 094283 thereon shall be considered related operations to the borrow excavation and shall be performed by the Contractor at no additional cost to the Government. PART 3 EXECUTION 3.1 SUBSURFACE DATA Subsurface soil boring logs and locations are shown on the drawings. These data represent the best subsurface information available; however, variations may exist in the subsurface between boring locations. 3.2 CLASSIFICATION OF EXCAVATION No consideration will be given to the nature of the materials, and all excavation will be designated as common excavation. 3.3 BLASTING Blasting will not be permitted. 3.4 UTILIZATION OF EXCAVATED MATERIALS: All unsatisfactory materials removed from excavations shall be disposed of offsite. Unsatisfactory materials shall not cover available suitable materials. Satisfactory material removed form excavations shall be used, insofar as practicable, in the construction of fills, embankments, subgrades, shoulder, bedding as backfill, and or similar purposes. No satisfactory excavated material shall be wasted without specific written authorization. Satisfactory material authorized to be wasted shall be disposed of in areas approved for surplus material storage or designated waste area as directed. No excavated materials shall be disposed of in such a manner as to obstruct the flow of any stream, endanger a partly finished structure, impair the efficiency or appearance of any structure, or be detrimental to the completed work in any way. 3.5 CONSERVATION OF TOPSOIL Material obtained from excavations suitable for topsoil is defined in SECTION 02100; CLEARING, GRUBBING AND STRIPPING. 3.6 EXCAVATION After all clearing, grubbing, and stripping has been completed, excavation of every description, regardless of material encountered, within the grading limits of the project shall be performed to the lines and grades indicated. Foundations materials under buildings and structures shall not be disturbed by heavy construction equipment or other traffic that may cause pumping or rutting of the foundation materials below indicated finish grade. Satisfactory excavation material shall be transported to and placed in fill areas within the limits of the work. All unsatisfactory material to a depth of 2-feet including any soil which is disturbed by the Contractor's operations or softened due to exposure to the elements and water and surplus material shall be removed from site. In the event that it is necessary to remove unsatisfactory material to a depth greater than specified, the Contracting Officer shall be notified and an adjustment in the contract price will be considered in accordance with the contract. Excavations carried below the depths indicated, without specific directions, shall, except as otherwise specified, be refilled to the proper DACW67-99-B-0017 02210-3 98038.LD/ar 094283 grade with satisfactory material as directed. All additional work of this nature shall be at the Contractor's expense. Excavation and filling shall be performed in a manner and sequence that will provide drainage at all times. Excavations shall be kept free from water while construction therein is in progress. Material required for fills in excess of that produced by excavation within the grading limits shall be obtained from borrow areas. 3.6.1 Excavation for Trenching Trenches for underground utilities systems and drain lines shall be excavated to the required alinements and depths. The bottoms of trenches shall be graded to secure the required slope and shall be tamped if necessary to provide a firm pipe bed. Recesses shall be excavated to accommodate bells and joints so that pipe will be uniformly supported for the entire length. 3.6.2 Excavation for Ditches, Gutters, and Channel Changes Excavations of ditches, gutters, and channel changes shall be accomplished by cutting accurately to the cross sections and grades, and elevations indicated. All roots, stumps, rock, and foreign matter in the sides and bottom of ditches, gutters, and channel changes shall be trimmed and dressed or removed to conform to the slope, grade, and shape of the section indicated. Care shall be taken not to excavate ditches and gutters below the grades indicated. Excessive ditch and gutter excavation shall be backfilled to grade either with satisfactory, thoroughly compacted material or with suitable stone or cobble to form an adequate gutter paving as directed. All ditches and gutters excavated under this section shall be maintained free from detrimental quantities of leaves, brush, sticks, trash, and other debris until final acceptance of the work. Satisfactory material excavated from ditches and channel changes shall be placed in fill areas. Unsatisfactory and excess excavated material shall be disposed of in accordance with directions in paragraph "EXCAVATION." No excavated material shall be deposited closer to the edges of the ditches than indicated and in no case less than 4 feet. 3.7 DRAINAGE AND DEWATERING 3.7.1 Drainage Surface water shall be directed away from excavation and construction sites so as to prevent erosion, deteriorating foundation conditions, and undermining of foundations. Diversion ditches, dikes and grading shall be provided and maintained as necessary during construction. Excavated slopes and backfill surfaces shall be protected to prevent erosion and sloughing. Excavation shall be performed so that the site and the area immediately surrounding the site and affecting operations at the site shall be continually and effectively drained. 3.7.2 Dewatering Groundwater flowing toward or into excavations shall be controlled to prevent sloughing of excavation slopes and walls, boils, uplift and heave in the excavation and to eliminate interference with orderly progress of construction. French drains, sumps, ditches or trenches will not be permitted within 3 feet of the foundation of any structure, except with specific written approval, and after specific contractual provisions for restoration of the foundation area have been made. Controls measures shall be taken by the time the excavation reaches the water level in order to maintain the integrity of the in -situ material. While the excavation is open, the water level shall be maintained continuously below the working level. The excavation shall be drained by pumping or other satisfactory methods to prevent softening of the DACW67-99-B-0017 02210-4 98038.LD/ar 094283 foundation bottom, undercutting of footings, or other actions detrimental to proper construction procedures. 3.8 PREPARATION OF GROUND SURFACE 3.8.1 Preparation of Ground Surface for Fills and Embankments a. The area upon which fill or embankment is to be placed shall be cleared, grubbed and stripped in accordance with SECTION 02100; CLEARING, GRUBBING, AND STRIPPING before the fill or embankment is started. b. Unsatisfactory material in surfaces to receive fill or in excavated areas shall be removed and replaced with satisfactory materials, to a maximum depth of 2 feet. c. Sloped ground surfaces steeper than one vertical to four horizontal on which fill or embankment is to be placed shall be plowed, stepped or benched, or broken up, as directed, in such manner that the fill or embankment material will bond with the existing surface. d. The surface shall be scarified to a depth of 6 inches before the fill or embankment is started. e. Prepared surfaces on which compacted fill or embankment is to be placed shall be scarified and moistened or aerated as required just prior to placement of embankment materials to assure adequate bond between embankment material and the prepared ground surface. f. Material shall be moistened or aerated as necessary to provide the moisture content that will readily facilitate obtaining the specified compaction with the equipment used. g. The side slopes of existing ditches or channels to be filled or upon which fill or embankment is to be placed shall be excavated as necessary to permit powered compaction equipment (not manually operated) to compact the ground surface. h. Material shall not be placed on surfaces that are muddy, frozen, or containing frost. 3.8.2 Subgrade Preparation for Areas to Receive Base Course or Other Pavements Subgrade shall be shaped to line, grade, and compacted as specified. This operation shall include plowing, disking, and any moistening or aerating required to obtain specified compaction. Soft or otherwise unsatisfactory material shall be removed and replaced with satisfactory excavated material other approved material as shown on the drawings or as directed by the Contracting Officer. Low areas resulting from the removal of unsatisfactory material shall be brought up to required grade with satisfactory materials, and the entire subgrade shall be shaped to line, grade, and cross section and compacted to at least the percentage of maximum density as specified. DACW67-99-B-0017 02210-5 98038.LD/ar 3.9 FILLS AND EMBANKMENTS 094283 Ground surface on which fill and backfill is to be placed shall be prepared as specified in paragraph PREPARATION OF GROUND SURFACE FOR FILLS AND EMBANKMENTS. a. Fills and embankments shall be constructed at the locations, of the materials, and to lines and grades indicated. The completed fill or embankment shall conform to the shape of the typical sections indicated or shall meet the requirements of the particular case. b. Satisfactory materials as specified shall be used for replacing unsatisfactory materials. c. Earth embankments shall be constructed from satisfactory materials free of organic or frozen material and rocks with any dimension greater than 6 inches. d. Where such pockets, lenses or concentration of stones exist they shall be removed and replaced with satisfactory materials. e. Satisfactory materials shall be placed in horizontal layers not exceeding 8 inches in loose thickness, or 6 inches when hand -operated compactors are used. f. After placing, each layer shall be plowed, disked, or otherwise broken up, moistened or aerated as necessary, thoroughly mixed and compacted as specified. g. Each layer shall be spread uniformly on a soil surface that has been moistened or aerated as necessary and scarified or otherwise broken up in such a manner that the fill will bond with the surface on which it is placed. h. After spreading, each layer shall be plowed, disked, or otherwise broken up; moistened or aerated as necessary; thoroughly mixed; and compacted. i. Compaction requirements for the upper portion of earth embankments forming subgrade for pavements shall be identical with those requirements specified in paragraph COMPACTION. j. Holes resulting from demolition of existing piles shall be backfilled with satisfactory materials. k. Compaction shall be accomplished by sheepsfoot rollers, pneumatic -tired rollers, steel -wheeled rollers, vibratory compactors, or other approved equipment well suited to the type of material being compacted. 1. Compaction requirements for backfill materials shall also conform to the applicable portions of paragraphs COMPACTION below and Section 02720 STORM -DRAINAGE SYSTEM; and Section 02221 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS. 3.9.1 Levee, Ramps, Road Fills, and Embankments Fills shall be levee or ramp and road embankment material and shall be free from roots, other organic material, and trash and from stones having a maximum diameter greater than 6 inches. DACW67-99-B-0017 02210-6 98038.LD/ar 094283 The material shall be placed in successive horizontal layers of 9 inches in loose depth for the full width of the cross section and shall be compacted as specified. Occasional cobbles having sizes up to but no exceeding the lift thickness will be permitted provided that there are no pockets, lenses or concentration of stones. Where such pockets, lenses or concentration of stone exist they shall be removed and replaced at the Contractors expense. Stones having dimension greater than 4 inches shall not be permitted in the upper 6 inches of fill or embankment. 3.9.2 Shoulder Construction Shoulders shall be constructed of satisfactory excavated or borrow materials or as otherwise shown or specified herein. Shoulders shall be constructed as soon as possible after adjacent paving is complete, but in the case of rigid pavements, shoulders shall not be constructed until permission of the Contracting Officer has been obtained. Shoulder construction shall be done in proper sequence in such a manner that adjacent ditches will be drained effectively and that no damage of any kind is done to the adjacent completed pavement. The completed shoulders shall be true to alignment and grade and shaped to drain in conformity with the cross section shown. 3.9.3 Backfill Adjacent to Structures a. Ground surface on which backfill is to be placed shall be prepared as specified in paragraph PREPARATION OF GROUND SURFACE FOR FILLS AND EMBANKMENTS. b. Backfill adjacent to structures shall be placed and compacted uniformly in such manner as to prevent wedging action or eccentric loading upon or against the structures. c. During backfilling operations and in the formation of embankments, equipment that will overload the structure in passing over and compacting these fills shall not be used. d. Heavy equipment for spreading and compacting backfill shall not be operated closer to foundation or retaining walls than a distance equal to the height of Backfill above the top of footing; the area remaining shall be compacted in layers not more than 4 inches in compacted thickness with power -driven hand tampers suitable for the material being compacted. Slopes bounding or within area to be backfilled shall be stepped or serrated to prevent sliding of the f. Backfill shall not be placed against foundation walls prior to 7 days after completion of the walls unless otherwise indicated. g. As far as practicable, backfill shall be brought up evenly on each side of the wall and sloped to drain away from the wall. h. Satisfactory materials shall be placed in horizontal layers not exceeding 8 inches in loose thickness, or 6 inches when hand -operated compactors are used. DACW67-99-B-0017 02210-7 98038.LD/ar 094283 i. Backfill for storm drains and subdrains, including the bedding and backfill for structures other than culverts and drains, shall conform to the additional requirements in other applicable sections. j. Backfilling shall not begin until construction below finish grade has been approved, underground utilities systems have been inspected, tested and approved, forms removed, and the excavation cleaned of trash and debris. k. Backfill shall be brought to indicated finish grade. 1. Backfill shall be placed carefully around pipes to avoid damage to coatings or wrappings. 3.10 COMPACTION Each layer of the fill or embankment shall be compacted with approved compaction equipment. Compaction shall be accomplished by sheepsfoot rollers, pneumatic -tired rollers, steel -wheeled rollers, vibratory compactors, or other approved equipment well suited to the type of material being compacted. Material shall be moistened or aerated as necessary to provide the moisture content that will readily facilitate obtaining the specified compaction with the equipment used. Each layer of fill and backfill shall be compacted to not less than the percentage of maximum density specified below: Percent Laboratory Cohesive Maximum Density Material Cohesionless Material Fill, embankment and backfill Under structures, building slabs, - 95 steps, paved areas, railroads around footings, and in trenches Levee, ramps, and non -paved - 90 roads Under sidewalks and grassed - 90 areas Subgrade Under structures, buildings, 90 95 paved areas and railroads, top 12 inches Under Levee, ramps and non- 85 90 paved roads, top 6 inches Under sidewalks, top 6 inches 85 90 DACW67-99-B-0017 02210-8 98038.LD/ar 094283 Approved compacted subgrades that are disturbed by the Contractor's operations or adverse weather shall be scarified and compacted as specified hereinbefore to the required density prior to further construction thereon. Any field density test results indicating the density does not meet specifications shall be followed immediately with a second field density test and a corresponding laboratory quality control test at no additional cost to the Government. The location of the second field density test shall be in the same lift and within 10 feet of the first test and along the direction of travel of the compaction equipment. Should the second field density test also indicate insufficient density, filling or backfilling shall cease in the affected area until all deficiencies have been corrected. Inadequate materials shall be removed, reworked, or replaced, compacted and tested at no additional cost to the Government. Recompaction over underground utilities and heating lines shall be by hand tamping. Compaction requirements in trenches shall conform to applicable portions of SECTION 02221; EXCAVATION, FILLING, AND BACKFIL.I_ING FOR UTILITIES SYSTEMS. 3.11 FIELD TESTING CONTROL Testing shall be the responsibility of the Contractor and shall be performed at no additional cost to the Government. Testing shall be performed by an approved commercial testing laboratory. Testing facilities and personnel shall meet the requirements of ASTM D 3740. Field in -place density shall be determined in accordance with ASTM D 1556 or ASTM D 2167. Moisture -density relations shall be determined in accordance with ASTM D 1557, Method D. The minimum number of tests, acceptable for each type of operation shall be in accordance with Section 01400, CONTRACTOR QUALITY CONTROL. 3.12 PLACING TOPSOIL Areas to receive topsoil shall conform to SECTION 02935; TURF. Finish graded areas shall be protected from damage by vehicular or pedestrian traffic and erosion. 3.13 FINISHED EXCAVATION, FILLS, AND EMBANKMENTS The degree of finish shall be that ordinarily obtainable from blade -grader operations, except as otherwise specified. Ditches and gutters shall be finished to permit adequate drainage. The surface of areas to be turfed shall be finished to a smoothness suitable for the application of turfing materials. For subgrade areas to be paved, the following shall be accomplished as required: (a) soft or otherwise unsatisfactory material shall be replaced with satisfactory excavated material or other approved materials; (b) low areas resulting from removal of unsatisfactory material or from excavation of rock shall be brought up to required grade with satisfactory materials, and the entire subgrade shall be shaped to line, grade, and cross section and shall be compacted as specified. 3.14 FINISHING All areas covered by the project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth -graded in accordance with the lines, grades, and cross sections or elevations shown. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish for all graded areas shall be within 0.1 foot of the grades and elevations indicated except that the degree of finish for subgrades shall be specified in paragraph SUBGRADE PREPARATION above. Ditches and swales shall be finished in a manner that will result in effective drainage. The surface of areas to be turfed shall be finished to a smoothness suitable for the application of turfing materials. DACW67-99-B-0017 02210-9 98038.LD/ar 3.15 PROTECTION 094283 During construction, fills, embankments, and excavations shall be kept shaped and drained. Newly graded areas shall be protected from traffic and erosion, and any settlement or washing away that may occur from any cause, prior to acceptance, shall be repaired and grades reestablished to required elevations and slopes. All work shall be conducted in accordance with environmental protection requirements of the contract. Ditches and drains along subgrade shall be maintained in such a manner as to drain effectively at all times. The finished subgrade shall not be disturbed by traffic or other operation and shall be protected and maintained by the Contractor in a satisfactory condition until base course, ballast, or pavement is placed. The storage or stockpiling of materials on the finished subgrade will not be permitted. No base course, or pavement shall be laid until the subgrade has been checked and approved, and in no case shall base course, surfacing, or pavement be placed on a muddy, spongy, or frozen subgrade. END OF SECTION DACW67-99-B-0017 02210-10 98038.LD/ar 094283 DACW67-99-B-0017 02210-11 This page intentionally blank 98038/LD/ar SECTION 02221 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS PART 1 - GENERAL 1.1 APPLICABLE PUBLICATIONS 094283 The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. U.S. ARMY CORPS OF ENGINEERS MANUAL EM 385-1-1 Safety and Health Requirements AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM) PUBLICATIONS ASSM D 422 (1963, R 1972) Particle Size Analysis of Soils ASTM D 1556 (1982) Density of Soils In -Place by the Sand -Cone Method ASTM D 1557 (1991) Test Method for Laboratory Connections Characteristics of Soil using Modified Effort ASTM D 2167 (1966) Density of Soil In -Place by the Rubber Balloon Method ASTM D 2217 (1966) Wet Preparation of Soil Samples for Particle -Size Analysis and Determination of Soil Contents ASTM D 2487 (1969) Classification of Soils for Engineering Purposes ASTM D 3740 (1992) Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction ASTM D 4318 (1984) Liquid Limit, Plastic Limit and Plasticity Index of Soils 1.2 DEFINITIONS 1.2.1 Satisfactory Materials Satisfactory materials shall consist of any material classified by ASTM D 2487 as, GW, GP, SP, and SW. Materials classified as CL, ML, SP-SM, GP -GM, GM or GC are also satisfactory provided that they contain moisture content suitable for the intended use. DACW67-99-B40017 02221-1 98038/LD/ar 1.2.2 Unsatisfactory Materials 094283 Unsatisfactory materials shall be materials that do not comply with the requirements for satisfactory materials. Unsatisfactory materials include but are not limited to those materials containing roots and other organic matter, trash, debris, frozen materials and stones larger than 3 inches, and materials classified in ASTM D 2487, as PT, OH, OL, CH, and MH. Unsatisfactory materials also include man-made fills and refuse. 1.2.3 Cohesionless and Cohesive Materials Cohesionless materials shall include materials classified in ASTM D 2487 as GW, GP, SW, and SP. Cohesive materials include materials classified as GC, SC, ML, CL, MH, and CH. Materials classified as GM, SM, GP -GM and SP-SM will be identified as cohesionless only when the fines are nonplastic. Liquid limit and plasticity index shall be determined in accordance with ASTM D 4318 using ASTM D 2217, Procedure B. 1.2.4 Unyielding Material Unyielding material shall consist of rocks and gravelly soils with stones greater than 3 inches in any dimension or as defined by the pipe manufacturer, whichever is smaller. 1.2.5 Unstable Material Unstable material shall consist of materials too wet to properly support the utility pipe, conduit, or appurtenance structure. 1.2.6 Select Granular Material Select granular material shall consist of well -graded sand, gravel, crushed gravel, or crushed stone composed of hard, tough and durable particles, and shall contain not more than 10 percent by weight of material passing a No. 200 mesh sieve and not less than 95 percent by weight passing the 1-inch sieve. The maximum allowable aggregate size shall be 3 inches, or the maximum size recommended by the pipe manufacturer, whichever is smaller. 1.2.7 Degree of Compaction Degree of compaction shall be expressed as a percentage of the maximum density obtained by the test procedure presented in ASTM D 1557, Method D. PART 2 - PRODUCTS 2.1 MATERIALS Materials are defined under Paragraph DEFINITIONS. DACW67-99-B4)017 02221-2 98038/LD/ar PART 3 - EXCAVATION 3.1 EXCAVATION 094283 Excavation of every description and of whatever substances encountered shall be performed to the lines and grades indicated. During excavation, material satisfactory for backfilling shall be stockpiled in an orderly manner at a distance from the banks of the trench equal to 1/2 the depth of the excavation, but in no instance closer than 2 feet. Excavated material not required or not satisfactory for backfill shall be removed from the site or disposed of at locations indicated on the plans. Unsatisfactory materials shall not cover available suitable materials, or be disposed of in such a manner as to interfere with subsequent borrow operations. Grading shall be done as may be necessary to prevent surface water from flowing into the excavation, and any water accumulating therein shall be removed so that the stability of the bottom and sides of the excavation is maintained. Unauthorized overexcavation shall be backfilled in accordance with paragraph BACKFHIJNG at no additional cost to the Government. 3.1.1 Trench Excavation The trench shall be excavated as recommended by the manufacturer of the pipe to be installed. Trench walls below and above the top of the pipe shall be sloped, or made vertical, as recommended in the manufacturer's installation manual. The trench width below the top of the pipe shall not exceed that recommended in the installation manual. Where no manufacturer's installation manuals are available, trench walls shall be excavated to a stable angle of repose as required to properly complete the work. Trench excavations shall adhere to requirements prescribed in EM 385-1-1, Safety and Health Requirements Manual. Special attention shall be given to slopes which may be adversly affected by weather or moisture content. Trench width below the top of the pipe shall not exceed 24 inches plus pipe outside diameter (O.D.) for pipes of less than 24 inch inside diameter, and shall not exceed 36 inches plus pipe O.D. for larger sizes. Where recommended trench widths are exceeded, redesign shall be performed by the Contractor using stronger pipe or special installation procedures. The cost of this redesign and the increased cost of pipe or installation procedures shall be borne by the Contractor without additional cost to the Government. 3.1.1.1 Bottom Preparation The bottoms of trenches shall be accurately graded to provide uniform bearing and support for the bottom quadrant of each section of the pipe. Bell holes shall be excavated to the necessary size at each joint or coupling to eliminate point bearing. Stones of 3 inches or greater in any dimension, or as recommended by the pipe manufacturer, whichever is smaller, shall be removed to avoid point bearing. 3.1.1.2 Removal of Unyielding Material Where unyielding material is encountered in the bottom of the trench, such material shall be removed 12 inches below the required grade and replaced with suitable materials as provided in paragraph BACKFILLING. DACW67-99-B-0017 02221-3 98038/LD/ar 094283 3.1.1.3 Removal of Unstable Material Where unstable material is encountered in the bottom of the trench, such material shall be removed to the depth directed and replaced to the proper grade with select granular material as provided in paragraph BACKFILLING. When removal of unstable material is required due to the fault or neglect of the Contractor in his performance of the work, the resulting material shall be excavated and replaced by the Contractor without additional cost to the Government. 3.2 EXCAVATION FOR APPURTENANCES Excavation for manholes, catchbasins, inlets, or similar structures shall be sufficient to leave at least 12 inches clear between the outer structure surfaces and the face of the excavation or support members. Removal of unstable material shall be as specified above. When concrete or masonry is to be placed in an excavated area, special care shall be taken not to disturb the bottom of the excavation. Excavation to the final grade level shall not be made until just before the concrete or masonry is to be placed. 3.3 JACKING, BORING, AND TUNNELING Unless otherwise indicated, excavation shall be by open cut, except that sections of a trench may be jacked, bored, or tunneled if, in the opinion of the Contracting Officer, the pipe, cable, or duct can be safely and properly installed and backfill can be properly tamped in such sections. 3.4 STOCKPILES Stockpiles shall be kept in a neat and well drained condition, giving due consideration to drainage at all times. The ground surface at stockpile locations shall be cleared, grubbed, and sealed by rubber -tired equipment, excavated satisfactory and unsatisfactory materials shall be separately stockpiled. Stockpiles of satisfactory materials shall be protected from contamination which may destroy the quality and fitness of the stockpiled material. If the Contractor fails to protect the stockpiles, and any material becomes unsatisfactory, such material shall be removed and replaced with satisfactory material from approved sources at no additional cost to the Government. Locations of stockpiles of satisfactory materials shall be subject to prior approval of the Contracting Officer. 3.5 BACKFILLING Backfill material shall consist of levee embankment material or satisfactory material suitable for the application. Backfill shall be placed in layers not exceeding 6 inches loose thickness for compaction by hand operated machine compactors, and 8 inches loose thickness for other than hand operated machines unless otherwise specified. Each layer shall be compacted to at least 95 percent maximum density for cohesionless soils and 90 percent maximum density for cohesive soils, unless otherwise specified. The first 6 inches of backfill material directly above PVC or copper pipes shall not be compacted. The backfill shall be brought up evenly on both sides of the pipe for the full length. Care shall be taken to ensure thorough compaction of the fill under the haunch of the pipe. DACW67-99-B-0017 02221-4 98038/LD/ar 094283 3.5.1 Trench Backfill Trenches shall be backfilled to the grade shown. The trench shall be backfilled to 2 feet above the top of pipe prior to performing the required pressure tests. The joints and couplings shall be left uncovered during the pressure test. The trench shall not be backfilled until all specified tests are performed. 3.5.1.1 Replacement of Unyielding Material Unyielding material removed from the bottom of the trench shall be replaced with select granular material or initial backfill material. 3.5.1.2 Replacement of Unstable Material Unstable material removed from the bottom of the trench or excavation shall be replaced with select granular material placed in layers not exceeding 6 inches loose thickness. 3.5.1.3 Bedding and Initial Backfill Bedding shall be of the type and thickness shown. Bedding shall be clean, sand -gravel mixture free from organic matter and conforming to the following gradation when tested in accordance with ASTM D 422. U.S. Percent Passing Standard Sieve Size 1-inch 100 No. 4 25-80 *No. 200 0-10 *For utilities passing through or under the levee or floodwall, the percent passing the No. 200 sieve shall be 8 to 25 percent. Initial backfill material shall be placed to a height of at least 1 foot above the utility pipe or conduit. Backfill material in this portion of the trench shall consist of satisfactory material at a moisture content that will facilitate compaction, free from stones of such size as recommended by the pipe manufacturer, or larger than 2 inches in any dimension, whichever is smaller, except that where the pipe is coated or wrapped for protection against corrosion, the backfill material shall be free of stones larger than 1 inch in any dimension or as recommended by the pipe manufacturer, whichever is smaller. 3.5.1.4 Final Backfill The remainder of the trench, except for special materials for roadways and railroads shall be backfilled with levee embankment material or satisfactory material suitable for the application. Backfill material shall be deposited and compacted as follows: a. Roadways: Backfill shall be placed up to the elevation at which the requirements in SECTION: GRADING (EARTHWORK) control. Water flooding or jetting methods of compaction will not be permitted. DACW67-99-B-0017 02221-5 98038/LD/ar 11yr- 1 b. Sidewalks, Turfed or Seeded Areas and Miscellaneous Areas: Backfill shall be deposited in layers of a maximum of 12-inch loose thickness, and compacted to 85 percent maximum density for cohesive soils and 90 percent maximum density for cohesionless soils. This requirement shall also apply to all other areas not specifically designated above. 3.5.2 Backfill for Appurtenances After the manhole, catchbasin, inlet, or similar structure has been constructed and the concrete has been allowed to cure for 7 days, backfill shall be placed in such a manner that the structure will not be damaged by the shock of falling earth. The backfill material shall be deposited and compacted as specified in paragraph BACKFILLING, and shall be placed in such a manner as to prevent eccentric loading and excessive stress on the structure. 3.6 SPECIAL REQUIREMENTS Special requirements for both excavation and backfill relating to the specific utilities are as follows: 3.6.1 Electrical Distribution System Direct burial cable and conduit or duct line shall have a minimum cover of 24 inches from the finished grade, unless otherwise indicated. 3.6.2 Plastic Marking Tape Warning tapes shall be installed directly above the pipe, at a depth of 18 inches below finished grade unless otherwise shown. The plastic tape shall be acid and alkali -resistant polyethylene film, 6 inches wide with minimum thickness of 0.004 inch. Tape shall have a minimum strength of 1,750 psi lengthwise and 1,500 psi crosswise. Tape color shall be as specified in Table 1 and shall bear a continuous printed inscription describing the specific utility. The tape shall be manufactured with integral wires, foil backing or other means to enable detection by a metal detector when the tape is buried up to 3 feet deep. The tape shall be of a type specifically manufactured for marking and locating underground utilities. The metallic core of the tape shall be encased in a protective jacket or provided with other means to protect it from corrosion. Table 1. Tape Color Red: Electric Yellow: Gas, Oil, Dangerous Materials Orange: Telephone, Telegraph, Television, Police, and Fire Communications Blue: Water Systems Green: Sewer Systems 3.7 GENERAL QUALITY CONTROL TESTING Testing shall be the responsibility of the Contractor and shall be performed at no additional cost to the Government. Number of tests shall be in accordance with SECTION 01400: CONTRACTOR QUALITY CONTROL. DACW67-99-B-0017 02221-6 98038/L.D/ar 094283 3.7.1 Testing Facilities Tests shall be performed by an approved commercial testing laboratory. 3.7.2 Laboratory Tests Laboratory tests for moisture -density relations shall be determined in accordance with ASTM D 1557, Method D. A mechanical tamper may be used, provided the results are correlated with those obtained by the referenced hand tamper or ASTM D 1557, Method D. Field in -place density shall be determined in accordance with ASTM D 1556 or D 2167. Trenches improperly compacted shall be reopened to the depth directed, then refilled and compacted to the density specified at no additional cost to the Government. END OF SECTION DAC'W67-99-R-0017 02221-7 This page intentionally blank 98038/LD/ar 094283 SECTION 02275 RIPRAP PART 1 GENERAL 1.1 APPLICABLE PUBLICATIONS Publications of issues listed below, but referred to thereafter by basic designation only, form part of this specification to the extent indicated by references thereto. U.S. ARMY CORPS OF ENGINEERS SPECIFICATIONS (COE) COE CRD-C-107 (1969) Specific Gravity, Absorption and Unit Weight of Coarse Aggregate and Riprap COE CRD-C-148 (1969, Rev C) Method of Testing Stone for Expansive Breakdown on Soaking in Ethylene Glycol COE CRD-C-1 14 (1973) Method of Testing for Soundness of Aggregates by Freezing and Thawing of Concrete Specimens Valle) 33MMrlr1110 Government approval is required for submittals with a "GA" designation; submittals having an FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Statements Material Sources; FIO Reports Test Report; FIO. Test reports of stone materials as required to document requirements or supplement previous data. Records Service Records of Stone Materials; FIO. Includes previous test reports. PART 2 PRODUCTS 2.1 STONE MATERIALS 2.1.1 Riprap DACW67-99-B-0017 02275-1 98038/LD/ar 094283 2.1.1.1 General All rock shall be sound, clean, angular, durable, quarried rock. The longest dimension of any rock shall not exceed three times its shortest dimension. Acceptability of rock will be determined by laboratory tests as hereinafter specified, geologic examination and/or testing and service records. 2.1.1.2 Evaluation and Testing Where previous testing and service records satisfactory to the Contracting Officer (CO) are unavailable, representative samples from the proposed source selected in the presence of the CO shall be submitted for such testing as the CO shall direct. a. Such tests shall include, but not be limited to, specific gravity, absorption, soundness, accelerated expansion, freezing and thawing, wetting, and drying. The tests shall be performed in accordance with paragraphs 2.1.1.3 and 2.1.1.4. b. Such test and service records will be evaluated to help determine if rock from that source can meet quality standards as hereinafter specified. Government will notify Contractor of unsatisfactory documentation within 7 days after submittal has been received. Should the Contractor's documentation not include recent (less than 9 months old) satisfactory test results, or fail in any way to satisfy the Contracting Officer, samples of the rock proposed for use shall be selected in the presence of the CO and delivered by the Contractor to a Government approved independent commercial testing laboratory. c. All costs for delivery and testing shall be at Contractor's expense. These samples shall be selected and delivered to the laboratory within 10 days after receipt of notification of insufficient or unsatisfactory documentation. d. Samples shall consist of 150 pounds or rock pieces ranging in size from 6 inches to 12 inches. The presence of the Government Inspector during selection of samples of the rock will not relieve the Contractor of the responsibility to secure representative samples for testing. e. Satisfactory Contractor documentation or laboratory test results on rock samples will not constitute approval of all rock in the quarry and will not in any way change the Contractor's responsibility for obtaining and developing a satisfactory source of rock. f. Throughout the duration of this contract, the Government may sample and test rock delivered to the worksite and proposed for use in the construction. g. No contract extension will be granted for specified submittal and testing time or because materials fail to meet the specification requirements. Rock failing to meet specified requirements will be removed from the off loading facility and the worksite at no additional cost to the Government. h. No rock shall be placed until rock have been approved for use. 2.1.1.3 Rock Quality All rock delivered to and incorporated in the project shall meet the following minimum DACW67-99-B-0017 02275-2 98038/LD/ar 094283 specifications. 1. Specific Gravity (BSSD) (COE CRD-C-107) 2. Absorption (COE CRD-C-107) Accelerated expansion (COE CRD-C-148) 4. Freezing and Thawing (COE CRD-C-I17-73) 2.1.1.4 Accelerated Expansion (15 days) 2.60 Minimum Not more than 3 percent Not more than 15 percent breakdown Not more than 10 percent loss over 100 cycles The test sample will be tested in accordance with COE CRD-D-148 except as herein specified. Testing procedure for sample size in COE CRD-C-148 shall be modified as follows: "The test sample shall be from 4920 grams to 5050 grams of 2-inch to 1-1/2-inch sized pieces." Test results will be computed by dividing the number of pieces that breakdown by the number of pieces in the original test sample. Failure or breakdown is defined as any piece separating into two or more pieces or losing sufficient surface material to allow it to pass through the 1-1/2-inch sieve. Maximum allowable breakdown is 15 percent over a period of 15 days. Weight loss based on the original oven dry weight shall be recorded. 2.1.1.5 Freezing and Thawing Test sample, consisting of 10 pounds of pieces passing the 2-inch sieve and retained on 1-1/2-inch sieve will be prepared by jaw crushing or hand chipping with all sharp edges chipped off and only pieces of approximately cubical shape used. Original dry weight of pieced selected for freeze -thaw test will be computed by determining moisture content of room -dry rock from representative surplus or undersized pieces. Dry weight of pieces selected for freeze -thaw = (Weight room da. Samples will be immersed in water for 24 hours prior to start of test. Sample is placed in a pan approximately 15 by 9-1/2 by 1-1/4 inches and the pan filled to 1/4-inch to 1/2-inch depth with water. Sample in pan is subjected to freezing and thawing in freeze -thaw apparatus described in COE CRD-C-114 at the rate of 12 cycles per day, one cycle consisting of approximately 1 hour in alcohol solution at 0 ± 2 degrees F and 1 hour in solution at 40 + 2 degrees F. The pan shall be suspended to a depth of 1/2 to I -inch sieve in alcohol solution and weighed. —The percent loss shall be computed based on the original dry weight. Sample will be tested for 100 cycles. At end of 100 cycles, the samples shall be washed, dried, sieved over the 1-1/2 inch sieve, and weighed. 2.2.2 Rock Gradation 2.2.2.1 Channel Riprap The grading of the channel riprap material shall be determined by visual inspection of the load before it is placed. Gradation requirements shall be: Class I Class II Class III 100 Percent Lighter Than 150 lbs 500 lbs 800 lbs 90 Percent Heavier Than 25 lbs 100 lbs 150 lbs DACW67-99-B-0017 02275-3 98038/LD/ar 094283 50 Percent Lighter Than 50 lbs 200 lbs 300 lbs 10 Percent Lighter Than 25 lbs 100 lbs 150 lbs Blanket Thickness 18 inches 24 inches 30 inches All stone weights assume a unit weight of 165 lbs per cubic foot. Thickness of the channel riprap course shall be measured at intervals in such a manner as to ensure one measurement for each 500 square feet of channel protection and a minimum of one measurement at each rip rap site. Blanket thickness shall be measured perpendicular to the surface of the finished riprapped slope. PART 3 EXECUTION 3.1 EQUIPMENT Equipment shall be capable of placing rock in a manner that will provide a well keyed mass without damage to rock. Rock placing equipment shall have capability to place rock to lines, grades, and slopes shown. Hand placed rock will be required in appropriate areas. 3.2 PREPARATION Areas on which riprap are to be placed shall be trimmed and dressed to conform to cross sections shown on the drawings within an allowable tolerance of plus or minus 3 inches from the theoretical slope lines and grades or ground surface. Where such areas are below the allowable minimum tolerance limit, they shall be brought to grade by filling with earth similar to the adjacent material and shall be well compacted, and no additional payment will be made for any material thus required. Immediately prior to placing the rock spalls or riprap, the prepared subgrade will be inspected by the Contracting Officer and no material shall be placed thereon until that area has been approved. The Contractor shall maintain the completed subgrade until the placement of riprap are completed. Any damage to the completed subgrade shall be restored at the Contractor's expense. 3.3 PLACEMENT The rock shall be placed on the approved slopes to form the cross sections shown on the drawings. a. The rock shall be manipulated sufficiently to secure a regular surface and mass stability, with larger stones in contact with each other, and the voids filled with finer material- b. When the thickness of the riprap is not indicated on the plans, it shall be at least 24 inches measured perpendicular to the slope. c. When placing rock, care shall be used to avoid disturbing underlying material. Placing in layers parallel to the slope shall not be permitted. Rock shall be carefully placed by hand or machine on the prepared subgrade in such manner as to produce a compact structure corresponding to the lines and grades indicated. d. Rock shall be placed in single layer with dimensions corresponding to the thickness of the DACW67-99-B-0017 02275-4 98038/LD/ar 094283 section normal to the plane of the slope. e. Rock shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing and damaging the prepared subgrade. The larger stones shall be well distributed and the entire mass of stones in their final position shall be roughly graded to conform to the gradations specified. f. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. g. Placing rock by dumping into chutes or by similar methods likely to cause segregation of the various sizes of stones will not be permitted. h. The desired distribution of the various sizes of stones throughout the mass shall be obtained by selective loading of the material at the source, by controlled dumping of successive loads during final placing, or by other method of placement which will produce the specified results. i. Riprap shall not be dropped from a height greater than 1 foot onto the subgrade. Rearranging of individual stones by mechanical equipment or by hand will be required to the extent necessary to obtain a reasonably well graded distribution of stone sizes as specified. j. Finished riprap blanket shall be covered with a 6 inch minimum finished thickness blanket of 3/8 inch minus clean, washed, well graded gravel. Finished gravel blanket thickness shall be measured from the surface of the finished riprap blanket. 3.4 MAINTENANCE The Contractor shall maintain the riprap until accepted, and any material displaced by any cause shall be replaced at his expense to the lines and grades shown on the drawings. END OF SECTION DACW67-99-13-0017 02275-5 98038/LD/ar 094283 DACW67-99-B-0017 02275-6 98038 094283 SECTION 02411 METAL SHEET PILING PART I GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM A 572 (1997 ) High -Strength Low -Alloy Columbian -Vanadium Steels of Structural Quality 1.2 SUBMITTALS Government approval is required for all submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Drawings Metal Sheet Piling; GA. Detail drawings for sheet piling including fabricated sections shall show complete piling dimensions and details, driving sequence and location of installed piling. Detail drawings shall include details and dimensions of templates and other temporary guide structures for installing piling. Detail drawings shall provide details of the method of handling piling to prevent permanent deflection, distortion or damage to piling interlocks. See paragraph 2.3.1 for submittal of material requirements for sheet piling. Schedules Pile Driving Equipment; GA. Complete descriptions of sheet piling driving equipment including hammers, extractors, protection caps and other installation appurtenances shall be submitted for approval prior to commencement of work. Reports Materials Tests; FIO. Certified materials tests reports showing that sheet piling and appurtenant metal materials meet the specified requirements shall be submitted for each shipment and identified with specific lots prior to installing materials. Records DACW67-99-B-0017 02411-1 98038 094283 Driving; FIO. Records of the sheet piling driving operations shall be submitted after driving is completed. These records shall provide a system of identification which shows the disposition of approved piling in the work, driving equipment performance data, piling penetration rate data, piling dimensions and top and bottom elevations of installed piling. The format for driving records shall be as directed by the Contracting Officer. 1.3 DELIVERY, STORAGE AND HANDLING Materials delivered to the site shall be new and undamaged and shall be accompanied by certified test reports. The manufacturer's logo and mill identification mark shall be provided on the sheet piling as required by the referenced specifications. Sheet piling shall be stored and handled in the manner recommended by the manufacturer to prevent permanent deflection, distortion or damage to the interlocks. Storage of sheet piling should also facilitate required inspection activities. PART 2 PRODUCTS 2.1 METAL SHEET PILING Sheet piling shall be steel sections conforming to ASTM A 572 GR 50 with Fy (minimum) = 50 ksi. The minimum section modulus shall be 30 cubic inches per lineal foot of wall. The interlocks of sheet piling shall be free -sliding, provide a swing angle suitable for the intended installation but not less than 5 degrees when interlocked, and maintain continuous interlocking when installed. Should splicing of the piles be necessary, the splice shall be made by a full penetration butt weld. Only one splice per pile is permitted. Sheet piling including special fabricated sections shall be full-length sections of the dimensions shown on the drawings. Fabricated sections shall conform to the requirements herein and the piling manufacturer's recommendations for fabricated sections. Metalwork fabrication for sheet piling shall be as specified herein and Section 05101 METALWORK FABRICATION AND MISCELLANEOUS PROVISIONS. 2.2 APPURTENANT METAL MATERIALS Metal plates, shapes, bolts, nuts, rivets and other appurtenant fabrication and installation materials shall conform to manufacturers standards and to the requirements specified in the respective sheet piling standards and in Section 05101 METALWORK FABRICATION AND MISCELLANEOUS PROVISIONS. 2.3 TESTS, INSPECTIONS, AND VERIFICATIONS Requirements for material tests, workmanship and other measures for quality assurance shall be as specified herein and in Section 05101 METALWORK FABRICATION AND MISCELLANEOUS PROVISIONS. 2.3.1 Materials Tests Sheet piling and appurtenant materials shall be tested and certified by the manufacturer to meet the specified chemical, mechanical and section property requirements prior to delivery to the site. Testing of sheet piling for mechanical properties shall be performed after the completion of all rolling and forming operations. Within two (2) days after notice to proceed the Contractor shall submit the order of material DACW67-99-B-0017 02411-2 98038 094283 requirements to the sheet pile supplier and the supplier shall submit to the Contractor within one day after receipt of order the mill test reports of the materials for the sheet piles. The Government will have two (2) days to review the mill test reports submitted to facilitate procurement of the sheet piles. PART 3 EXECUTION 3.1 SUBSURFACE CONDITIONS Sheet piling must be driven through various materials ranging from silts, clays, sand, gravel and rocks. Excavation of these materials may be required to prevent overdriving and damage to the piling. 3.2 INSTALLATION 3.2.1 Pile Driving Equipment 3.2.1.1 Driving Hammers Hammers shall be steam, air, or diesel drop, single -acting, double-acting, differential -acting, or vibratory type. The driving energy of the hammers shall be as recommended by the manufacturer for the piling weights and subsurface materials to be encountered. 3.2.2 Placing and Driving 3.2.2.1 Placing Any excavation required within the area where sheet pilings are to be installed shall be completed prior to placing sheet pilings. Pilings shall be carefully located as shown on the drawings. Pilings shall be placed plumb with out-of-plumbness not exceeding 1/8 inch per foot of length and true to line. Temporary wales, templates, or guide structures shall be provided to insure that the pilings are placed and driven to the correct alignment. At least two templates shall be used in placing each piling and the maximum spacing of templates shall not exceed 20 feet. Pilings properly placed and driven shall be interlocked throughout their length with adjacent pilings to form a continuous diaphragm throughout the length or run of piling wall. 3.2.2.2 Driving (a) Pilings shall be driven with the proper size hammer and by approved methods so as not to subject the pilings to damage and to ensure proper interlocking throughout their lengths. Driving hammers shall be maintained in proper alignment during driving operations by use of leads or guides attached to the hammer. A protecting cap shall be employed in driving when using impact hammers to prevent damage to the tops of pilings. Pilings damaged during driving or driven out of interlock shall be removed and replaced at the Contractor's expense. (b) Pilings shall be driven without the aid of a water jet. (c) Adequate precautions shall be taken to insure that pilings are driven plumb. If at any time the forward or leading edge of the piling wall is found to be out -of -plumb in the plane of the wall the piling being driven shall be driven to the required depth and tapered pilings shall be provided and driven to interlock with the out -of -plumb leading edge or other approved corrective measures shall be taken to insure the plumbness of succeeding pilings. DACW67-99-B-0017 02411-3 98038 094283 (d) The maximum permissible taper for any tapered piling shall be 1/8 inch per foot of length. (e) Pilings in each run or continuous length of piling wall shall be driven alternately in increments of depth to the required depth or elevation. If the piling next to the one being driven tends to follow below final elevation it may be pinned to the next adjacent piling. If obstructions restrict driving a piling to the specified penetration the obstructions shall be removed or penetrated with a chisel beam. (f) If the Contractor demonstrates that removal or penetration is impractical the Contractor shall make changes in the design alignment of the piling structure as directed by the Contracting Officer to insure the adequacy and stability of the structure. Payment for the additional labor and materials necessitated by such changes will be made by an equitable adjustment under the CONTRACT CLAUSE entitled "CHANGES". (g) Pilings shall be driven to depths shown on the drawings and shall extend up to the elevation indicated on the drawings for the top of pilings. (h) Pilings shall not be driven within 100 feet of concrete less than 7 days old. 3.2.2.3 Pile Vibration Monitoring Contractor shall be responsible for monitoring vibrations caused by pile driving. Contractor shall be liable for damages to nearby structures and to contents within caused by pile driving. Pile driving system may be modified to reduce nuisance vibration problems where necessary. Modifications of the pile driving shall be subject to the approval of the Contracting Officer. 3.2.3 Cutting -Off and Splicing Pilings driven below the required top elevation and pilings damaged by driving shall be pulled and redriven when directed by the Contracting Officer at no additional cost to the Government. The tops of pilings excessively battered during driving shall be trimmed when directed at no cost to the Government. Piling cut-offs shall become the property of the Contractor and shall be removed from the site. The Contractor shall cut holes in pilings for bolts, rods, drains or utilities as shown on the drawings or as directed. All cutting shall be done in a neat and workmanlike manner. A straight edge shall be used in cuts made by burning to avoid abrupt nicks. Bolt holes in steel piling shall be drilled or may be burned and reamed by approved methods which will not damage the surrounding metal. Holes other than bolt holes shall be reasonably smooth and the proper size for rods and other items to be inserted. 3.2.4 Inspection of Driven Piling The Contractor shall inspect the interlocked joints of driven pilings extending above ground. Pilings found to be out of interlock shall be removed and replaced at the Contractor's expense. 3.2.5 Pulling and Redriving The Contractor shall pull selected pilings after driving to determine the condition of the underground portions of pilings when directed by the Contracting Officer. Any piling so pulled and found to be damaged to the extent that its usefulness in the structure is impaired shall be removed and replaced at the Contractor's expense. Pilings pulled and found to be in satisfactory condition shall be redriven when directed by the Contracting Officer. DACW67-99-B-0017 02411-4 98038 094283 3.2.5.1 Pulling The method of pulling piling shall be approved by the Contracting Officer. Pulling holes shall be provided in pilings as required. Extractors shall be of suitable type and size. Care shall be exercised during pulling of pilings to avoid damaging piling interlocks and adjacent construction. If the Contracting Officer determines that adjacent permanent construction has been damaged during pulling the Contractor will be required to repair this construction at no cost to the Government. Pilings shall be pulled one sheet at a time. Pilings fused together shall be separated prior to pulling unless the Contractor demonstrates to the satisfaction of the Contracting Officer that the pilings cannot be separated. The Contractor will not be paid for the removal of pilings damaged beyond structural use due to proper care not being exercised during pulling. END OF SECTION DACW67-99-B-0017 02411-5 This page intentionally blank 98038/LD/ar 094283 SECTION 02512 GRAVEL BASE COURSE PART1 GENERAL 1.1 SUMMARY (Not Applicable) 1.2 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM C 29 (1991) Unit Weight and Voids in Aggregate ASTM C 88 (1990) Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate ASTM C 117 (1990) Materials Finer Than 75-um (No. 200) Sieve in Mineral Aggregates by Washing ASTM C 127 (1988) Specify Gravity and Absorption of Coarse Aggregate ASTM C 128 (1993) Specify Gravity and Absorption of Fine Aggregate ASTM C 131 (1989) Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C 136 (1993) Sieve Analysis of Fine and Coarse Aggregates ASTM D 75 (1987) Sampling Aggregates ASTM D 422 (1963) Particle Size Analysis of Soils ASTM D 1556 (1990) Density of Soil In -Place by the Sand -Cone Method ASTM D 1557 (1991) Moisture -Density Relations of Soils and Soil -Aggregate Mixture Using 10-Lb. (4.54 kg) Rammer and 18-In. (457 mm) Drop ASTM D 2167 (1984) Density and Unit Weight of Soil In -Place by the Rubber -Balloon Method ASTM D 2487 (1993) Classification of Soils for Engineering Purposes ASTM D 4318 (1984) Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM E 11 (1987) Wire Cloth Sieves for Testing Purposes DACW67-99-B-0017 02512-1 98038/LD/ar 094283 WASHINGTON DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATION (WSDOT) WSDOT M41-10 (1991 Edition) Standard Specification for Road, Bridge, and Construction 1.3 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300, SUBMITTAL PROCEDURES: Reports Test Reports; GA. Result of laboratory tests specified under paragraph: AGGREGATES shall be submitted to the Contracting Officer for approval prior to using material. Tests shall show liquid limit, plasticity index, soundness, wear, fractured faces, percent flat and/or elongated particles, and sieve analysis tests. Copies of field test results shall be submitted within 24 hours after the tests are performed. 1.4 DEGREE OF COMPACTION Degree of compaction is a percentage of the maximum density obtained by the test procedure presented in ASTM D 1557, Method D. This will be abbreviated herein as percent of laboratory maximum density. 1.5 EQUIPMENT The equipment shall be adequate and shall have the capability of producing the required compaction, meeting grade controls, thickness control, and smoothness requirements as set forth herein. 1.6 WEATHER LIMITATION The base course layers shall not be constructed when the atmospheric temperature is less than 35 degrees F. If the temperature falls below 35 degrees F, completed areas shall be protected against any detrimental effects of freezing. Areas of completed base course that are damaged by freezing, rainfall, or other weather conditions shall be corrected to meet specified requirement. 1.7 SAMPLING AND TESTING Sampling and testing shall be the responsibility of the Contractor. Sampling and testing shall be performed by an approved independent commercial testing laboratory. Sampling and testing shall conform to Section: 01400, CONTRACTOR QUALITY CONTROL, and as specified herein. Copies of all test results shall be submitted to the Contracting Officer. 1.7.1 Samples Samples for material gradation, liquid limit, and plastic limit tests shall be taken in conformance with ASTM D 75. When deemed necessary, the sampling will be observed by the Contracting Officer. DACW67-99-B-0017 02512-2 98038/LD/ar 094283 1.7.2 Tests The following tests shall be performed in conformance with the applicable standards listed. 1.7.2.1 Sieve Analyses Before starting work, at least one sample of material shall be tested for gradation and fractured faces in accordance with ASTM C 117, ASTM C 136, and ASTM D 422 on sieves conforming to ASTM E 11. 1.7.2.2 Liquid Limit and Plasticity Index Liquid limit and plasticity index shall be determined in accordance with ASTM D 4318. 1.7.2.3 Density Tests Density shall be measured in the field in accordance with ASTM D 1556 or ASTM D 2167. For the method presented in ASTM D 1556 the base plate as shown in the drawing shall be used. 1.7.2.4 Soundness Test Soundness tests shall be made in conformance with ASTM C 88. 1.7.2.5 Wear Test Wear tests shall be made in conformance with ASTM C 131. 1.7.3 Approval of Material The source of the material to be used for producing aggregates shall be selected prior to the time the material will be required in the work. Tentative approval of material will be based on tests of samples for the specific job. 1.7.4 Sampling and Testing During Construction Quality Control Sampling and Testing during construction shall be performed as specified in paragraph "FIELD QUALITY CONTROL, and Section 01400, CONTRACTOR QUALITY CONTROL." PART2 PRODUCTS 2.1 AGGREGATES Aggregates shall consist of clean, sound, durable particles of crushed stone, or crushed gravel, and screenings. The Contractor shall obtain materials that meet the specification and can be used to meet the grade and smoothness requirements specified herein, after all compaction operations have been completed. The aggregates shall be free of silt and clay as defined by ASTM D 2487, vegetable matter, and other objectionable materials or coatings. The portion retained on the No. 4 sieve shall be known as coarse aggregate; that portion passing the No. 4 sieve shall be known as fine aggregate. Aggregates shall conform to the requirements of M41-10, except as otherwise specified herein. DACW67-99-B-0017 02512-3 094283 98038/LD/ar 2.1.1 Coarse Aggregates Coarse aggregates shall be angular particles of uniform density. The coarse aggregate shall have a loss not greater than 15 percent weighted averaged at five cycles when tested for soundness in magnesium sulfate in accordance with ASTM C 88. The coarse aggregate shall have a percentage of wear not to exceed 40 after 500 revolutions as determined by ASTM C 131. The percentage of flat and/or elongated particles shall not exceed 20 in the fraction retained on the 1/2-inch sieve and in the fraction passing the 1/2-inch sieve. A flat particle is one having a ratio of width to thickness greater than 3; an elongated particle is one having a ratio of length to width greater than 3. When the coarse aggregate is supplied from more than one source, aggregate from each source shall meet the requirements set forth herein. Crushed gravel shall be manufactured from gravel particles 90 percent of which by weight are retained on the maximum -size sieve listed in TABLE I. In the portion retained on each sieve specified, the crushed gravel shall contain at least 90 percent by weight of crushed pieces having two or more freshly fractured faces with the area of each face being at least equal to 75 percent of the smallest midsectional area of the place. When two fractures are contiguous, the angle between planes of the fractures must be at least 30 degrees in order to count as two fractured faces. 2.1.2 Fine Aggregate Fine aggregate shall be produced by crushing only particles larger than 0.187 inch (No. 4 sieve) in size. The fine aggregate shall contain at least 90 percent by weight of particles having two or more freshly fractured faces in the portion passing the No. 4 sieve and retained on the No. 10 sieve, and in the portion passing the No. 10 sieve and retained on the No. 40 sieve. 2.1.3 Gradation Requirements Requirements for gradation specified shall apply to the completed base course including base course shoulders. The aggregates shall be continuously graded within the specified limits: 2.1.3.1 Base Course The aggregate gradation for base course and base course shoulders shall conform to WSDOT M41-10 paragraph 9-03.9(3), except where otherwise specified or directed. 2.1.4 Liquid Limit and Plasticity Index Liquid limit and plasticity index requirements stated herein shall apply to any aggregate component that is blended to meet the required gradation and also to the aggregate in the completed gravel wearing course. The portion of the aggregate passing the No. 40 sieve shall be either nonplastic or have a liquid limit not greater than 25 and a plasticity index not greater than 5. PART 3 EXECUTION 3.1 OPERATION OF AGGREGATE SOURCES Clearing, stripping, and excavating shall be the responsibility of the Contractor. The aggregate sources shall be operated in such a manner as to produce the quantity and quality of aggregate materials meeting these specification requirements in the specified time limits. 3.2 STOCKPILING MATERIAL DACW67-99-B-0017 02512-4 98038/LD/ar 094283 Prior to stockpiling of material, storage sites shall be cleared and leveled by the Contractor. All materials, including approved material available from excavation and grading, shall be stockpiled in the manner and at the locations designated. Aggregates shall be stockpiled on the cleared and leveled areas designated by the Contracting Officer so as to prevent segregation. Materials obtained from different sources shall be stockpiled separately. 3.3 PREPARATION OF UNDERLYING COURSE Prior to constructing the base course, the underlying course shall be cleaned of all foreign substances. At the time of construction of the base course, the underlying course shall contain no frozen material. The underlying course shall conform to Section: 02210, GRADING (EARTHWORK). Ruts or soft, yielding spots in the underlying courses, areas having inadequate compaction, and deviations of the surface from the requirements set forth herein shall be corrected by loosening and removing soft or unsatisfactory material and by adding approved material, reshaping to line and grade, and recompacting to specified density requirements. 3.4 GRADE CONTROL During construction, the lines and grades including crown and cross slope indicated for the base course shall be maintained by means of line and grade stakes placed by the Contractor. 3.5 MIXING OF MATERIALS The coarse and fine aggregates shall be mixed in a stationary plant, or in a traveling plant or bucket loader on an approved paved working area. The Contractor shall make such adjustments in mixing procedures or in equipment to obtain true grades, to minimize segregation or degradation, to obtain the required water content, and to insure a satisfactory wearing course meeting all requirements of this specification. 3.6 PLACING The mixed material shall be placed on the prepared subgrade in layers of uniform thickness with an approved spreader. When a compacted layer 8 inches or less in thickness is required, the material shall be placed in a single layer. When a compacted layer in excess of 8 inches is required, the material shall be placed in layers of equal thickness. No layer shall exceed 8 inches or be less than 3 inches when compacted. The layers shall be so placed that when compacted they will be true to the grades or levels required with the least possible surface disturbance. Where the course is placed in more than one layer, the previously constructed layers shall be cleaned of loose and foreign matter by sweeping with power sweepers, power brooms, or hand brooms, as directed. Such adjustments in placing procedures or equipment shall be made as directed to obtain true grades, to minimize segregation and degradation, to adjust the water content, and to insure an acceptable wearing course. Materials shall not be placed during periods of rain or precipitation. 3.7 COMPACTION 3.7.1 Requirements Each layer of base course including shoulders shall be compacted as specified to produce an average field - measured density, through the full depth, of at least 95 percent of laboratory maximum density obtained in the laboratory. Water content shall be maintained during the compaction procedure such that the water DACW67-99-B-0017 02512-5 98038/LD/ar 094283 content is within plus or minus 2 percent of optimum water content as determined from laboratory tests as specified in density test procedures listed in paragraph "SAMPLING AND TESTING." In all places not accessible to the rollers, the base course material shall be compacted with mechanical tampers. 3.7.2 Finishing The surface of the base course shall be finished after final compaction, by cutting any overbuild to grade and rolling with a steel -wheeled roller. In no case will thin layers of material be added to the top layer of base course to meet grade. If the elevation of top layer of base course is more than 1/2 inch below the grade, the top layer of base course shall be scarified to a depth of at least 3 inches, new material shall be added, and the layer shall be blended and recompacted to bring to grade. Adjustments in rolling and finishing procedures shall be made to obtain grades, to minimize segregation and degradation of wearing course material, to adjust the water content, and to insure an acceptable wearing course. Material found unacceptable shall be removed and replaced, as directed, with acceptable material. 3.8 EDGES OF BASE COURSE Acceptable material shall be placed along the edges of the base course in such quantity as will compact to the thickness of the course being constructed. When the course is being constructed in two or more layers, at least a 1-foot width of the shoulder shall be rolled and compacted simultaneously with the rolling and compacting of each layer of the base course, as directed. 3.9 SMOOTHNESS TEST The surface of the top layer shall not deviate more than 1/2 inch when tested with a 10-foot straightedge applied parallel with and at right angles to the road centerline. 3.10 FIELD QUALITY CONTROL 3.10.1 Field Density Field in -place density shall be determined in accordance with ASTM D 1556 or ASTM D 2167. 3.10.2 Smoothness Test Measurements for deviation from grade and cross section shown shall be taken in successive positions parallel to the road centerline with a 10 foot straightedge. Measurements shall also be taken perpendicular to the road centerline at 50 foot intervals for the full width of the road. 3.10.3 Thickness Control The completed thickness of the base course shall be within 1/4 inch of the thickness indicated. The thickness of the base course shall be measured at intervals providing at least one measurement every 200 square yards of base course. The depth measurement shall be made by test holes at least 3 inches in diameter. Where the measured thickness of the base course is more than 1/4 inch deficient, such areas shall be corrected by excavating to the required depth and replacing with new material. Where the measured thickness of the base course is 1/4 inch more than indicated, it will be considered as conforming with the requirements plus 1/4 inch, provided the surface of the wearing course is within 1/2 inch of established grade. The average job thickness shall be the average of the job measurements as specified above but within 1/4 inch of the thickness indicated. DACW67-99-B-0017 02512-6 98038/LD/ar 094283 �J1tffllocal Completed portions of the area may be opened to traffic, provided there is no marring or distorting of the surface by the traffic. Heavy equipment shall not be permitted except when necessary to construction, and then the area shall be protected against marring or damage to the completed work. 3.12 MAINTENANCE The base course shall be maintained in a satisfactory condition until accepted. Maintenance shall include immediate repairs to any defects and shall be repeated as often as necessary to keep the area intact. 3.13 DISPOSAL OF UNSATISFACTORY MATERIALS Material that is removed for the required correction of defective areas and waste material and debris shall be disposed of off site. END OF SECTION DACW67-99-B-0017 02512-7 98038/LD/ar 094283 DACW67-99-B-0017 02512-8 98038/LD/ar 094283 SECTION 02558 BITUMINOUS TACK COAT PART I - GENERAL 1.1 APPLICABLE PUBLICATIONS The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designations only. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M 20 (1970, R 1982) Penetration Graded Asphalt Cement AASHTO M 140 (1984, REV I) Emulsified Asphalt AASHTO M 208 (1981) Cationic Emulsified Asphalt AASHTO M 226 (1980) Viscosity Graded Asphalt Cement AASHTO T 40 (1978, R 1982) Sampling Bituminous Materials AMERICAN SOCIETY OF TESTING AND MATERIALS (ASTM) ASTM D 140 (1970, R 1981) Sampling Bituminous Materials ASTM D 946 (1982) Penetration -Graded Asphalt Cement for Use in Pavement Construction ASTM D 977 (1985) Emulsified Asphalt ASTM D 1250 (1980, R 1984) Petroleum Measurement Tables ASTM D 2397 (1985) Cationic Emulsified Asphalt ASTM D 2995 (1984) Determining Application Rate of Bituminous Distributors ASTM D 3381 (1983) Viscosity -Graded Asphalt Cement for Use in Pavement Construction 1.2 WEATHER LIMITATIONS Tack coat shall be applied only when the surface to receive the tack coat is dry. Tack coat shall be applied only when the atmospheric temperature in the shade is 50 degrees F or above and when the temperature has not been below 35 degrees F for the 12 hours prior to application. 1.3 SAMPLING AND TESTING DACW67-99-B-0017 02559-1 98038/LD/ar 094283 1.3.1 General Requirements Sampling and testing shall be performed by an approved commercial testing laboratory or by facilities furnished by the Contractor. No work requiring testing will be permitted until the facilities have been inspected and approved. Copies of all test results shall be furnished to the Contracting Officer within 24 hours of completion of tests. 1.3.2 Sampling The samples of bituminous material, unless otherwise specified, shall be in accordance with ASTM D 140 or AASHTO T 40. 1.3.3 Initial Sampling and Testing 1.3.3.1 Bituminous Materials Certified copies of the manufacturer's test reports indicating compliance with applicable specified requirements shall be submitted to the Contracting Officer not less than 30 days before the material is required in the work. 1.3.3.2 Calibration Test The Contractor shall furnish all equipment, materials, and labor necessary to calibrate the bituminous distributor. Calibration shall be made with the approved job material and prior to applying the tack coat material to the prepared surface. Calibration of the bituminous distributor shall be in accordance with ASTM D 2995. 1.3.3.3 Trial Applications As a preliminary to providing the complete tack coat, at least one length of at least 20 feet for the full width of the distributor bar shall be tacked to evaluate the amount of tack that can be satisfactorily applied. Unless otherwise authorized, the trial application rate of bituminous materials shall be applied in the amount of 0.05 gallons per square yard. Other trial applications shall be made using various amounts of material as may be deemed necessary. For trial application, the start and end of each pass shall be accomplished on asphalt construction paper, or other approved materials and methods shall be used to ensure a uniform application of the treated surface. 1.3.4 Sampling and Testing During Construction Quality control sampling and testing shall be performed as required in paragraph FIELD QUALITY CONTROL, and Section: CONTRACTOR QUALITY CONTROL. PART 2 - PRODUCTS 2.1 BITUMINOUS MATERIAL Emulsified asphalt shall conform to ASTM D 977 and ASTM D 2397, Grade SS-lh or CSS-lh. PART 3 - EXECUTION DAC'W67-99-R4)017 02559-2 98038/LD/ar 094283 3.1 PLANT, EQUIPMENT, MACHINES AND TOOLS 3.1.1 General Requirements All plant, equipment, machines and tools used in the work shall be subject to approval and shall be maintained in a satisfactory working condition at all times. The equipment shall be adequate and shall have the capability of producing the results specified. 3.1.2 Bituminous Distributor The distributor shall have pneumatic tires of such size and number to prevent rutting, shoving or otherwise damaging the base surface or other layers in the pavement structure. The distributor shall be designed and equipped to spray the bituminous material in a uniform coverage at the specified temperature, at readily determined and controlled rates with an allowable variation from the specified rate of not more than plus or minus 5 percent, and at variable widths. Distributor equipment shall include a separate power unit for the bitumen pump, full -circulation spray bars, tachometer, pressure gages, volume - measuring devices, adequate heaters for heating of materials to the proper application temperature, a thermometer for reading the temperature of tank contents, and a hand hose attachment suitable for applying bituminous material manually to areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the bituminous material during the heating process. 3.1.3 Power Brooms and Power Blowers Power brooms and power blowers shall be suitable for cleaning the surfaces to which the tack coat is to be applied. 3.2 PREPARATION OF SURFACE Immediately before applying the tack coat all loose material, dirt, clay, water, or other objectionable material shall be removed from the surface to be treated. The area to be tacked shall also be dry and clean. 3.3 APPLICATION RATE Bituminous material for the tack coat shall be applied in quantities of not less than 0.05 gallon nor more than 0.15 gallon per square yard of pavement surface. The exact quantities within the range specified, which may be varied to suit field conditions, will be determined by the Contracting Officer. 3.4 APPLICATION TEMPERATURE Asphalt application temperature shall provide an application viscosity between 10 and 60 seconds, Saybolt Furol, or between 20 and 120 centistokes, kinematic. The temperature viscosity relation shall be furnished to the Contracting Officer. 3.5 APPLICATION Following preparation and subsequent inspection of the surface, the tack coat shall be applied at the specified rate with uniform distribution over the surface to be treated. All areas and spots missed by the distributor shall be properly treated with the hand spray. Following application of the tack material and prior to application of the succeeding layer of pavement, the tack shall be allowed to cure and obtain evaporation of any volatiles or moisture. Until the succeeding layer of pavement is placed, the tacked area DACW67-99-B-0017 02558-3 98038/LD/ar 094283 shall be maintained by protecting the surface against damage and by repairing and retacking deficient areas at no additional cost to the Government. If required, clean dry sand shall be spread to effectively blot up any excess bituminous material. 3.6 FIELD QUALITY CONTROL Samples of the bituminous material shall be tested for compliance with the applicable specified requirements. A sample shall be obtained and tested by the Contractor initially prior to use, and for every 500 gallons of bituminous material used. Samples of the bituminous material used shall be obtained for the Government by the Contractor as directed, under the supervision of the Contracting Officer. The sample will be retained or tested by the Government. END OF SECTION DACW67-99-B-0017 02559-4 98038/LD/ar 094283 SECTION 02565 ASPHALTIC CONCRETE PAVEMENT PART1 GENERAL 1.1 REFERENCES Work accomplished under this section shall be in accordance with: Washington Department of Transportation Standard Specification: M41-10 "Standard Specification for Road, Bridge, and Municipal Construction," 1998 Edition which hereinafter shall be referred to as "M4140." All applicable sections and paragraphs shall be complied with, except the instructions pertaining to measurement and payments, which shall be disregarded. The additional publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. FEDERAL SPECIFICATIONS (FS) FS SS-S-1401 (Rec. C) Sealant, Joint, Non -Jet -Fuel -Resistant, Hot -Applied, for Portland Cement and Asphalt Concrete Pavements 1.2 SUBMITTALS Government approval is required for all submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: 1.2.1 Certificates of Compliance, FIO Certificates of compliance attesting that aggregates and asphalt materials meet the requirements specified shall be furnished. Certified copies of laboratory test reports, including all test data, shall be submitted for all aggregates and asphalt materials. These tests shall be performed by an approved laboratory. 1.2.2 Mix Proportions; GA Job -mix formula shall be submitted by the Contractor, and no bituminous mixture shall be manufactured until it has been approved by the Contracting Officer. The job -mix shall be designed to meet the requirements represented within this section. The formula shall indicate percentage and specific gravity of the aggregates in each bin, percentage absorption and specific gravity of asphalt, temperature of the mixture as discharged from the mixer, and test results which show that the job -mix formula will produce a bituminous mixture which meets all requirements of this specification. Previously established test results will be acceptable provided that the tests were performed within the last 18 months. If requested by the Contracting Officer, samples of the aggregates and asphalt shall be submitted for approval of the job -mix formula. DACW67-99-B-0017 02565 - 1 98038/LD/ar 094283 PART2 PRODUCTS 2.1 AGGREGATES 2.1.1 Asphalt Concrete Aggregates Aggregates shall conform to the requirements of M41-10, section 9-03.8, "Aggregates for Asphalt Concrete, Classes A and E." 2.1.2 Final Backfill Material Final backfill materials shall conform to the requirements of Section 02221: EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS. 2.1.3 Base Course Aggregates Aggregate materials for base course shall conform to M41-10, section 9-03.9(3), "Crushed Surfacing," top course with maximum size aggregate limited to 100 percent passing the 5/8-inch sieve. 2.2 BITUMINOUS MATERIALS 2.2.1 Asphalt Cement Asphalt cement shall conform to viscosity grade AR4000W of M41-10, section 9-02.1(4)A. 2.2.2 Emulsified Asphalt Emulsified asphalt shall conform to M41-10, section 9-02.1(6). 2.2.3 Rubberized Asphalt Joint Sealant Rubberized asphalt shall conform to FS SS-S-1401. 2.3 ASPHALT CONCRETE The mix design shall conform to current state requirements used for primary road construction. All test data shall be submitted. PART 3 EXECUTION 3.1 PREPARATION OF EXISTING SURFACES Abutting edges of existing pavement, pavement surfaces, and structures shall be prepared in accordance with M41-10, section 5-04.3(5)A. 3.1.1 Subgrade Preparation The subgrade shall be prepared in accordance with M41-10, section 2-06. Final backfill materials shall be DACW67-99-B-0017 02565 - 2 98038/LD/ar 094283 used to replace weak and yielding subgrade soils and to backfill excavations to the indicated subgrade elevation. Subgrade fill materials shall conform to the requirements for final backfill material specified herein. 3.1.2 Excavation for Pavement Repair Existing materials shall be removed to the depth as indicated on the drawings. Adjacent pavement edges shall be saw cut back to provide a smooth vertical edge and expose 1 foot of undisturbed existing base course on all sides of the repair area. Repair areas shall be outlined with saw cuts which shall provide a rectangular or square shaped repair area with the sides aligned parallel and perpendicular to the direction of traffic. Saw cutting and removal of existing asphalt concrete shall be in accordance with Section 02050: DEMOLITION. 3.2 PAVEMENT REPAIR 3.2.1 Base Course The base course shall be placed and compacted in accordance with M41-10, section 4-04. 3.2.2 Asphalt Concrete Paavement Placement Asphalt concrete materials shall be placed in accordance with M41-10, section 5-04. All abutting edges of existing asphaltic concrete shall be saw cut full depth. Tack coat and surface preparation shall be in accordance with M41-10, sections 5-04.3(5) and 5-04.3(5)A. 3.2.3 Base Course and Final Backfill The compacted thickness of the base course, and final backfill shall be as indicated. When a compacted layer of 6 inches is specified, the materials may be placed in a single layer. When a compacted layer of more than 6 inches is required, no layer shall exceed 6 inches nor be less than 3 inches when compacted. Base course and final backfill shall be placed in accordance with M41- 10, section 4-04. 3.2.4 Surface Requirements Bituminous surface course, upon completion of final rolling, shall be smooth and true to grade and cross section. When a 10-foot straightedge is laid on the surface parallel or perpendicular to traffic direction, the surface shall not vary more than 1/4 inch from the straightedge. Areas which experience checking cracks or tearing will be considered defective. High, low, or defective areas shall be immediately corrected by cutting out faulty areas and replacing with fresh, hot mixture and compacting area to conform to above requirements. 3.3 PROTECTION OF PAVEMENT After final rolling of the pavement, no vehicular traffic of any kind shall be permitted until the pavement has cooled and hardened for at least 6 hours. DACW67-99-B-0017 02565 - 3 98038/LD/ar 094283 3.4 MAINTENANCE The pavement shall be maintained in a satisfactory condition until final acceptance. Maintenance shall include immediate repairs to any defects and shall be repeated as often as necessary to keep the area intact. 3.5 DISPOSAL OF UNSATISFACTORY MATERIALS Removed in -place materials that are unsuitable, material that is removed for the required correction of defective areas, and waste material and debris shall be disposed of as directed. END OF SECTION DACW67-99-B-0017 02565 - 4 98038 094283 SECTION 02575 MAINTENANCE OF ACCESS ROAD PAVEMENT PART1 GENERAL 1.1 SCOPE This specification covers the requirements for maintenance of asphaltic concrete pavements used for equipment access for construction purposes during the contract period and also required to handle traffic by others. Work will be as directed and approved by the Contracting Officer. Work may occur within areas of pavement to be replaced as part of the overall project restoration if so directed by the Contracting Officer. 1.2 REFERENCES Work accomplished under this section shall be in accordance with: Washington Department of Transportation Standard Specification: M41-10 "Standard Specification for Road, Bridge, and Municipal Construction," 1998 Edition which hereinafter shall be referred to as "M41-10." All applicable sections and paragraphs shall be complied with, except the instructions pertaining to measurement and payments, which shall be disregarded. The additional publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D 2487 (1993) Classification of Soils for Engineering Purposes MR]WIFIR-MMUM, For any material(s) specified herein which are not otherwise specified under Section 02565 ASPHALTIC CONCRETE PAVEMENT provide a Certificate of Compliance and Mix Proportions conforming to the requirements of Section 02565 for submittal content. PART 2 PRODUCTS 2.1 AGGREGATES 2.1.1 Asphalt Concrete Aggregates Aggregates shall conform to the requirements of M41-10, section 9-03.8, "For Class B Asphaltic Concrete." DACW67-99-B-0017 02575-1 �0019 3 094283 2.1.2 Final Backfill Material Final backfill materials shall conform to the requirements of Section: 02210. 2.1.3 Base Course, Gravel Surface, and Shoulder Aggregates Aggregate materials for base course shall conform to Section: 02512. 2.2 BITUMINOUS MATERIALS 2.2.1 Asphalt Cement Asphalt cement shall conform to viscosity grade AR4000W of M41-10, section 9-02.1(4). 2.2.2 Emulsified Asphalt Emulsified asphalt shall conform to M41-10, section 9-02.1(6). 2.3 ASPHALT CONCRETE The mix design shall conform to Section: 02565 ASPHALTIC CONCRETE PAVEMENT. All test data shall be submitted. PART 3 EXECUTION 3.1 DELINEATION OF PAVEMENT MAINTENANCE (REPAIR) AREAS The Contractor and Contracting Officer shall jointly identify and mark the areas requiring pavement maintenance, and type of repairs to be performed. Proposed maintenance work shall be approved by the Contracting Officer prior to the work. The quantity of the road maintenance work will vary at each repair location and will require field measurement. 3.2 PAVEMENT REPAIR 3.2.1 Crack Sealing, 1/8-Inch to 1-Inch Width Cracks in the existing pavement shall be cleaned full depth of the pavement by high pressure water blasting (13,000 psi @ 4.5 gpm minimum). Cracks shall be dried and scaled in accordance with Washington State Department of Transportation standard specifications for Road, Bridge and Municipal Construction, M 41-10, 1988 edition (state specifications). Crack sealant shall conform to paragraph 5- 04.3(5)c CRACK SEALING of the state specifications, sealant shall be either asphalt emulsion or sand slurry type. Rubberized asphalt sealant is specifically prohibited. 3.2.2 Pavement Surface Disintegration Depressions with alligator and extensive cracking shall be excavated to 1-foot beyond the edge of the depression to sound compact subgrade but not less than 8 inches below finish grade of adjacent sound pavement surface. See paragraph 3.3 for 'Preparation of Existing Surfaces and Placing of Materials." DACW67-99-B-0017 02575-2 98038 094283 Repair sections shall be, at a minimum, 6 inches base course (use gravel wearing course in accordance with Section: GRAVEL BASE COURSE) and a 2-inch thick asphalt concrete surface patch. 3.2.3 Pavement Depressions and Distortion Pavement areas containing depressions or distortion with an otherwise sound foundation and approved for repair may be treated as follows: Remove surface pavement to at least I -inch depth and at least 1 foot beyond perimeter of area into surrounding sound pavement surface. Clean and tack exposed surfaces. Place, level and compact asphalt material in the cut-out area to match grade of surrounding pavement. 3.3 PREPARATION OF EXISTING SURFACES AND PLACING OF MATERIALS Abutting edges of existing pavement, pavement surfaces, and structures shall be prepared in accordance with M41-10, section 5-04.3(5)A. 3.3.1 Excavation for Pavement Repair Existing materials shall be removed to the required depth. Adjacent pavement edges shall be saw cut back to provide a smooth vertical edge and expose 1 foot of undisturbed existing base course on all sides of the repair area. Repair areas shall be outlined with saw cuts which shall provide a rectangular or square shaped repair area with the sides alined parallel and perpendicular to the direction of traffic. Saw cutting and removal of existing asphalt concrete shall be in accordance with Section: DEMOLITION. 3.3.2 Subgrade Preparation The subgrade shall be prepared in accordance with Section: 02210. Final backfill materials shall be used to replace weak and yielding subgrade soils and to backfill excavations to the indicated subgrade elevation. Subgrade fill materials shall conform to the requirements for final backfill material specified herein. 3.3.3 Placing of Base Course, and Final Backfill The compacted thickness of the base course, and final backfill shall be as required or necessary to match existing. When a compacted layer of more than 6 inches is required, no layer shall exceed 6 inches nor be less than 3 inches when compacted. The gravel shall be placed in accordance with Section: 02512. 3.3.4 Placing of Asphalt Concrete Patching Asphalt concrete materials shall be placed in accordance with Section 02565 ASPHALTIC CONCRETE PAVEMENT. All abutting edges of existing asphaltic concrete shall be saw cut full depth. Tack coat and surface preparation shall be in accordance with M41-10, sections 5-04.3(5) and 5-04.3(5)A. Fill patches shall be placed in the required number of lifts to restore the pavement surface elevation and match the adjacent pavement surface grade. Lift thickness for fill patches shall be the Contractor's responsibility, except that a maximum compacted lift thickness shall not exceed 3 inches. 3.3.5 Surface Requirements Bituminous surface course, upon completion of final rolling, shall be smooth and true to grade and cross section. When a 10-foot straightedge is laid on the surface parallel or perpendicular to traffic direction, the surface shall not vary more than 1/4 inch from the straightedge. Areas which experience checking DACW67-99-B-0017 02575-3 98038 094283 cracks or tearing will be considered defective. High, low, or defective areas shall be immediately corrected by cutting out faulty areas and replacing with fresh, hot mixture and compacting area to conform to above requirements. 3.4 PROTECTION OF PAVEMENT After final rolling of the pavement, no vehicular traffic of any kind shall be permitted until the pavement has cooled and hardened for at least 6 hours. 3.5 MAINTENANCE The pavement shall be maintained in a satisfactory condition until end of contract performance or until start of any required 'Project Road Restoration" work. Maintenance shall include immediate repairs to any defects after notice to and approval by, or as directed by, the Contracting Officer and shall be performed as often as necessary to keep the area intact. 3.6 DISPOSAL OF UNSATISFACTORY MATERIALS Removed inplace materials that are unsuitable, material that is removed for the required correction of defective areas, and waste material and debris shall be disposed of in waste disposal areas indicated. END OF SECTION DACW67-99-13-0017 02575-4 98038/LD/ar 094283 SECTION 02580 PAVEMENT MARKINGS PART 1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M 247 (1981; Rev 1986) Glass Beads Used in Traffic Paint AASHTO M 248 (1991I) Ready -Mixed White and Yellow Traffic Paints AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM D 792 (1991) Density and Specific Gravity (Relative Density) of Plastics by Displacement ASTM D 4280 (1995) Extended Life Type, Nonplowable, Prismatic, Raised, Retroreflective Pavement Markers ASTM D 4505 (1992) Preformed Plastic Pavement Marking Tape for Extended Service Life ASTM E 28 (1992) Softening Point by Ring -and -Ball Apparatus FEDERAL SPECIFICATIONS (FS) FS TT-B-1325 (Rev C) Beads (Glass Spheres) Retro-Reflective (Metric) FS TT-P-1952 (Rev D) Paint, Traffic and Airfield Marking, Waterborne (Metric) 1.2 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Data Equipment Lists; FIO. Lists of proposed equipment to be used in performance of construction work, including descriptive data, and notifications of proposed Contractor actions as specified in this section. DACW67-99-B-0017 02580-1 98038/LD/ar 094283 Instructions Mixing, Thinning and Application;FTO. Manufacturer's current printed product description and Material Safety Data Sheets (MSDS) for each type paint/color proposed for use. Reports Material Tests; FIO. Certified copies of the test reports, prior to the use of the materials at the jobsite. Testing shall be performed in an approved independent laboratory. Certificates Volatile Organic Compound (VOC) Content; FIO. Certificate stating that the proposed pavement marking paint meets the VOC regulations of the local Air Pollution Control District having jurisdiction over the geographical area in which the project is located. 1.3 DELIVERY AND STORAGE All materials shall be delivered and stored in sealed containers that plainly show the designated name, formula or specification number, batch number, color, date of manufacture, manufacturer's name, and directions, all of which shall be plainly legible at time of use. 1.4 EQUIPMENT All machines, tools and equipment used in the performance of the work shall be approved and maintained in satisfactory operating condition. Equipment operating on roads and runways will display low speed traffic markings and traffic warning lights. 1.4. l Paint Application Equipment The equipment to apply paint to pavements shall be a self-propelled or mobile -drawn pneumatic spraying machine with suitable arrangements of atomizing nozzles and controls to obtain the specified results. The machine shall have a speed during application not less than 5 mph, and shall be capable of applying the stripe widths indicated, at the paint coverage rate specified in paragraph APPLICATION, and of even uniform thickness with clear-cut edges. The paint applicator shall have paint reservoirs or tanks of sufficient capacity and suitable gauges to apply paint in accordance with requirements specified. Tanks shall be equipped with suitable air -driven mechanical agitators. The spray mechanism shall be equipped with quick -action valves conveniently located, and shall include necessary pressure regulators and gauges in full view and reach of the operator. Paint strainers shall be installed in paint supply lines to insure freedom from residue and foreign matter that may cause malfunction of the spray guns. The paint applicator shall be readily adaptable for attachment of an air - actuated dispenser for the reflective media approved for use. Pneumatic spray guns shall be provided for hand application of paint in areas where the mobile paint applicator cannot be used. DACW67-99-B-0017 02580-2 98038/LD/ar 094283 1.4.2 Thermoplastic Application Equipment 1.4.2.1 Thermoplastic Material Thermoplastic material shall be applied to the primed pavement surface by spray techniques or by the extrusion method, wherein one side of the shaping die is the pavement and the other three sides are contained by, or are part of, suitable equipment for heating and controlling the flow of material. By either method, the markings shall be applied with equipment that is capable of providing continuous uniformity in the dimensions of the stripe. 1.4.2.2 Application Equipment Application equipment shall provide continuous mixing and agitation of the material. Conveying parts of the equipment between the main material reservoir and the extrusion shoe or spray gun shall prevent accumulation and clogging. All parts of the equipment which come into contact with the material shall be easily accessible and exposable for cleaning and maintenance. All mixing and conveying parts up to and including the extrusion shoes and spray guns shall maintain the material at the required temperature with heat -transfer oil or electrical -element -controlled heat. The application equipment shall be so constructed as to ensure continuous uniformity in the dimensions of the stripe. The applicator shall provide a means for cleanly cutting off stripe ends squarely and shall provide a method of applying "skiplines." The equipment shall be capable of applying varying widths of traffic markings. The applicator shall be equipped with a drop -on type bead dispenser capable of uniformly dispensing reflective glass spheres at controlled rates of flow. The bead dispenser shall be automatically operated and shall begin flow prior to the flow of composition to assure that the strip is fully reflectorized. 1.4.2.3 Mobile and Maneuverable Application equipment shall be mobile and maneuverable to the extent that straight lines can be followed and normal curves can be made in a true arc. The equipment used for the placement of thermoplastic pavement markings shall be of two general types: mobile applicator and portable applicator. a. Mobile Application Equipment: The mobile applicator shall be defined as a truck -mounted, self-contained pavement marking machine that is capable of hot applying thermoplastic by either the extrusion or spray method. The unit shall be equipped to apply the thermoplastic marking material at temperatures exceeding 375 degrees F, at widths varying from 3 to 12 inches and in thicknesses varying from 0.020 to 0.190 inch and shall have an automatic drop -on bead system. The mobile unit shall be capable of operating continuously and of installing a minimum of 20,000 lineal feet of longitudinal markings in a 8-hour day. (1) The mobile unit shall be equipped with a melting kettle of such capacity as to hold a minimum of 6000 pounds of molten thermoplastic material. The kettle shall be capable of heating the thermoplastic composition to temperatures of 375 to 425 degrees F. The heating mechanism shall be by means of a thermostatically controlled heat transfer liquid. Heating of the composition by direct flame shall not be allowed. Oil and material temperature gauges shall be visible at both ends of the kettle. DACW67-99-B-0017 02580-3 98038/LD/ar 094283 (2) The mobile unit shall be equipped with an electronic programmable line pattern control system. The control system shall be capable of applying skip or solid lines in any sequence, through any and all of the extrusion shoes, or the spray guns, and in programmable cycle lengths. In addition, the mobile unit shall be equipped with an automatic counting mechanism capable of recording the number of lineal feet of thermoplastic markings applied to the pavement surface with an accuracy of 0.5 percent. b. Portable Application Equipment: The portable applicator shall be defined as hand -operated equipment, specifically designed for placing special markings such as crosswalks, stopbars, legends, arrows, and short lengths of lane, edge and centerlines. The portable applicator shall be capable of applying thermoplastic pavement markings by the extrusion method. It is intended that the portable applicator will be loaded with hot thermoplastic composition from the melting kettles on the mobile applicator. The portable applicator shall be equipped with all the necessary components, including a materials storage reservoir, bead dispenser, extrusion shoe, and heating accessories, so as to be capable of holding the molten thermoplastic at a temperature of 375 to 425 degrees F, of extruding a line of 3 to 12 inches in width, and in thicknesses of not less than 0.125 inch nor more than 0.190 inch and of generally uniform cross section. 1.4.3 Reflective Media Dispenser The dispenser for applying the reflective media shall be attached to the paint dispenser and operate automatically and simultaneously with the applicator through the same control mechanism. The dispenser shall be capable of adjustment and designed to provide uniform flow of reflective media over the full length and width of the stripe at the rate of coverage specified in paragraph APPLICATION at all operating speeds of the applicator to which it is attached. 1.4.4 Preformed Tape Application Equipment Mechanical application equipment shall be used for the placement of preformed marking tape. Mechanical application equipment shall be defined as a mobile pavement marking machine specifically designed for use in applying precoated, pressure -sensitive pavement marking tape of varying widths, up to 12 inches. The applicator shall be equipped with rollers, or other suitable compactive device, to provide initial adhesion of the preformed, pressure -sensitive marking tape with the pavement surface. Additional hand -operated rollers shall be used as required to properly seat the thermoplastic tape. 1.4.5 Surface Preparation Equipment 1.4.5.1 Sandblasting Equipment Sandblasting equipment shall include an air compressor, hoses, and nozzles of proper size and capacity as required for cleaning surfaces to be painted. The compressor shall be capable of furnishing not less than 150 cfm of air at a pressure of not less than 90 psi at each nozzle used, and shall be equipped with traps that will maintain the compressed air free of oil and water. 1.4.5.2 Waterblast Equipment The water pressure shall be specified at 2600 psi at 140 degrees F in order to adequately clean the surfaces to be marked. DACW67-99-B-0017 02580-4 98038/LD/ar 094283 1.4.6 Traffic Controls Suitable warning signs shall be placed near the beginning of the worksite and well ahead of the worksite for alerting approaching traffic from both directions. Small markers shall be placed along newly painted lines or freshly placed raised markers to control traffic and prevent damage to newly painted surfaces or displacement of raised pavement markers. Painting equipment shall be marked with large warning signs indicating slow -moving painting equipment in operation. 1.5 HAND -OPERATED, PUSH -TYPE MACHINES All machines, tools, and equipment used in performance of the work shall be approved and maintained in satisfactory operating condition. Hand -operated push -type machines of a type commonly used for application of paint to pavement surfaces shall be acceptable for marking small streets and parking areas. Applicator machine shall be equipped with the necessary paint tanks and spraying nozzles, and shall be capable of applying paint uniformly at coverage specified. Sandblasting equipment shall be provided as required for cleaning surfaces to be painted. Hand -operated spray guns shall be provided for use in areas where push -type machines cannot be used. PART 2 PRODUCTS 2.1 PAINT The paint shall be homogeneous, easily stirred to smooth consistency, and shall show no hard settlement or other objectionable characteristics during a storage period of 6 months. Paint for roads and streets shall conform to AASHTO M 248, color as indicated. Pavement marking paints shall comply with applicable state and local laws enacted to ensure compliance with Federal Clean Air Standards. Paint materials shall conform to the restrictions of the local Air Pollution Control District. 2.2 THERMOPLASTIC COMPOUNDS The thermoplastic reflectorized pavement marking compound shall be extruded or sprayed in a molten state onto a primed pavement surface. Following a surface application of glass beads and upon cooling to normal pavement temperatures, the marking shall be an adherent reflectorized strip of the specified thickness and width that is capable of resisting deformation by traffic. 2.2.1 Composition Requirements The binder component shall be formulated as a hydrocarbon resin. The pigment, beads and filler shall be uniformly dispersed in the binder resin. The thermoplastic composition shall be free from all skins, dirt, and foreign objects and shall comply with the following requirements: Percent b_y Weight Component White Yellow Binder 17 min. 17 min. Titanium dioxide 10 min. DACW67-99-B-0017 02580-5 98038/LD/ar 094283 Percent by Weight Component White Yellow Glass beads, 20 min. 20 min. Calcium carbonate & inert fillers 49 max. Yellow pigments *Amount and type of yellow pigment, calcium carbonate and inert fillers shall be at the option of the manufacturer, providing the other composition requirements of this specification are met. 2.2.2 Physical Properties 2.2.2.1 Color The color shall be as indicated. 2.2.2.2 Drying Time When installed at 70 degrees F and in thicknesses between 1/8 and 3/16 inch, the composition shall be completely solid and shall show no damaging effect from traffic after curing 15 minutes. 2.2.2.3 Softening Point The composition shall have a softening point of not less than 194 degrees F when tested in accordance with ASTM E 28. 2.2.2.4 Specific Gravity The specific gravity of the composition shall be between 1.9 and 2.2 as determined in accordance with ASTM D 792. 2.2.3 Asphalt Concrete Primer The primer for asphalt concrete pavements shall be a thermosetting adhesive with a solids content of pigment reinforced synthetic rubber and synthetic plastic resin dissolved and/or dispersed in a volatile organic solvent. The solids content shall not be less than 10 percent by weight at 70 degrees F and 60 percent relative humidity. A wet film thickness of 0.005 inch plus or minus 0.001 inch, shall dry to a tack -free condition in less than 5 minutes. 2.2.4 Portland Cement Concrete Primer The primer for portland cement concrete pavements shall be an epoxy resin primer. The primer shall be of the type recommended by the manufacturer of the thermoplastic composition. Epoxy primers recommended by the manufacturer shall be approved by the Contracting Officer prior to use. Requests for approval shall be accompanied with technical data, instructions for use, and a 1 quart sample of the primer material. DACW67-99-B-0017 02580-6 98038/LD/ar 094283 2.3 PREFORMED TAPE The preformed tape shall be an adherent reflectorized strip in accordance with ASTM D 4505 Type I or IV, Class optional. PART 3 EXECUTION 3.1 SURFACE PREPARATION Surfaces to be marked shall be thoroughly cleaned before application of the pavement marking material. Dust, dirt, and other granular surface deposits shall be removed by sweeping, blowing with compressed air, rinsing with water or a combination of these methods as required. Rubber deposits, surface laitance, existing paint markings, and other coatings adhering to the pavement shall be completely removed with scrapers, wire brushes, sandblasting, approved chemicals, or mechanical abrasion as directed. Areas of old pavement affected with oil or grease shall be scrubbed with several applications of trisodium phosphate solution or other approved detergent or degreaser, and rinsed thoroughly after each application. After cleaning, oil -soaked areas shall be sealed with cut shellac to prevent bleeding through the new paint. Pavement surfaces shall be allowed to dry, when water is used for cleaning, prior to striping or marking. Surfaces shall be recleaned, when work has been stopped due to rain. 3.1.1 Cleaning Existing Pavement Markings In general, markings shall not be placed over existing pavement marking patterns. Existing pavement markings that are in good condition that interfere with or conflict with the newly applied marking patterns shall be removed. Deteriorated or obscured markings that are not misleading or confusing or interfere with the adhesion of the new marking material do not require removal. New preformed and thermoplastic pavement markings shall not be applied over existing preformed or thermoplastic markings. Whenever grinding, scraping, sandblasting or other operations are performed the work must be conducted in such a manner that the finished pavement surface is not damaged or left in a pattern that is misleading or confusing. When these operations are completed the pavement surface shall be blown off with compressed air to remove residue and debris resulting from the cleaning work. 3.2 APPLICATION All pavement markings and patterns shall be placed as shown on the plans. 3.2.1 Paint Paint shall be applied to clean, dry surfaces, and only when air and pavement temperatures are above 40 degrees F and less than 95 degrees F. Paint temperature shall be maintained within these same limits. New asphalt pavement surfaces and new portland concrete cement shall be allowed to cure for a period of not less than 30 days before applications of paint. Paint shall be applied pneumatically with approved equipment at rate of coverage specified herein. The Contractor shall provide guide lines and templates as necessary to control paint application. Special precautions shall be taken in marking numbers, letters, and symbols. Edges of markings shall be sharply outlined. DACW67-99-B-0017 02580-7 98038/LD/ar 094283 3.2.1.1 Rate of Application Reflective Markings: Pigmented binder shall be applied evenly to the pavement area to be coated at a rate of 105 plus or minus 5 square feet per gallon. Glass spheres shall be applied uniformly to the wet paint on road and street pavement at a rate of 6 plus or minus 0.5 pounds of glass spheres per gallon of paint. Nonreflective Markings: Paint shall be applied evenly to the pavement surface to be coated at a rate of 105 plus or minus 5 square feet per gallon. 3.2.1.2 Drying The maximum drying time requirements of the paint specifications will be strictly enforced to prevent undue softening of bitumen, and pickup, displacement, or discoloration by tires of traffic. If there is a delay in drying of the markings, painting operations shall be discontinued until cause of the slow drying is determined and corrected. 3.2.2 Thermoplastic Compounds Thermoplastic pavement markings shall be placed upon dry pavement; surface dry only shall not be considered an acceptable condition. At the time of installation, the pavement surface temperature shall be a minimum of 40 degrees F and rising. Thermoplastics, as placed, shall be free from dirt or tint. 3.2.2.1 Longitudinal Markings All centerline, skipline, edgeline, and other longitudinal type markings shall be applied with a mobile applicator. All special markings, crosswalks, stop bars, legends, arrows, and similar patterns shall be placed with a portable applicator, using the extrusion method. 3.2.2.2 Primer After surface preparation has been completed the asphalt and/or concrete pavement surface shall be primed. The primer shall be applied with spray equipment. Primer materials shall be allowed to "set- up" prior to applying the thermoplastic composition. The asphalt concrete primer shall be allowed to dry to a tack -free condition, usually occurring in less than 10 minutes. The portland cement concrete primer shall be allowed to dry in accordance with the thermoplastic manufacturer's recommendations. To shorten the curing time of the epoxy resins an infrared heating device may be used on the concrete primer. Asphalt Concrete Primer: Primer shall be applied to all asphalt concrete pavements at a wet film thickness of 0.005 inch, plus or minus 0.001 inch (265-400 square feet per gallon). 3.2.2.3 Markings After the primer has "set-up" the thermoplastic shall be applied at temperatures no lower than 375 degrees F nor higher than 425 degrees F at the point of deposition. Immediately after installation of the marking, drop -on glass spheres shall be mechanically applied such that the spheres are held by and imbedded in the surface of the molten material. DACW67-99-B-0017 02580-8 98038/LD/ar 094283 Extruded Markings: All extruded thermoplastic markings shall be applied at the specified width and at a thickness of not less than 0.125 inch nor more than 0.190 inch. Sprayed Markings: All sprayed thermoplastic markings shall be applied at the specified width and the thicknesses designated in the contract plans. If the plans do not specify a thickness, centerline markings shall be applied at a wet thickness of 0.090 inch, plus or minus 0.005 inch, and edgeline markings at a wet thickness of 0.060 inch, plus or minus 0.005 inch. Reflective Glass Spheres: Immediately following application, reflective glass spheres shall be dropped onto the molten thermoplastic marking at the rate of 1 pound per 20 square feet of compound. 3.2.3 Preformed Tape The pavement surface temperature shall be a minimum of 60 degrees F and the ambient temperature shall be a minimum of 60 degrees F and rising. The preformed markings shall be placed in accordance with the manufacturers written instructions. 3.2.4 Reflective Media Application of reflective media shall immediately follow application of pigmented binder. Drop -on application of glass spheres shall be accomplished to insure that reflective media is evenly distributed at the specified rate of coverage. Should there be malfunction of either paint applicator or reflective media dispenser, operations shall be discontinued immediately until deficiency is corrected. END OF SECTION DACW67-99-B-0017 02580-9 98038/LD/ar 094283 DACW67-99-B-0017 02580-10 98038/LD/ar 094283 SECTION 02720 STORM -DRAINAGE SYSTEM PART1 GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) AASHTO M 294 (1994) Corrugated Polyethylene Pipe, 305- to 915- mm 12-to 36 in. Diameter AASHTO M 304 (1994) Poly(Vinyl Chloride) (PVC) Profile Wall Drain Pipe and Fittings Based on Controlled Inside Diameter AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM A 48 (1994a) Gray Iron Castings ASTM A 123 (1989a) Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products ASTM A 444 (1989) Steel Sheet, Zinc -Coated (Galvanized) by the Hot -Dip Process for Storm Sewer and Drainage Pipe ASTM A 536 (1984; R 1993) Ductile Iron Castings ASTM C 139 (1995) Concrete Masonry Units for Construction of Catch Basins and Manholes ASTM C 231 (1991b) Air Content of Freshly Mixed Concrete by the Pressure Method ASTM C 270 (1996a) Mortar for Unit Masonry ASTM C 478 (1994) Precast Reinforced Concrete Manhole Sections ASTM D 1171 (1994) Rubber Deterioration - Surface Ozone Cracking Outdoors or Chamber (Triangular Specimens) ASTM D 1557 (1991) Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/cu. ft. (2,700 kN-m/cu.m.)) DACW67-99-B-0017 02720 - 1 98038/L.D/ar 094283 ASTM D 1751 (1983; R 1991) Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) ASTM D 1752 (1984; R 1992) Preformed Sponge Rubber and Cork Expansion Joint Fillers for Concrete Paving and Structural Construction ASTM D 1784 (1992) Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds ASTM D 2167 (1994) Density and Unit Weight of Soil in Place by the Rubber Balloon Method ASTM D 2321 (1989; R 1995) Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications ASTM D 3034 (1994) Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings ASTM D 3212 (1992) Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals ASTM D 3350 (1993) Polyethylene Plastics Pipe and Fittings Materials ASTM F 477 (1995) Elastomeric Seals (Gaskets) for Joining Plastic Pipe ASTM F 679 (1995) Poly(Vinyl Chloride) (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings ASTM F 714 (1994) Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter ASTM F 794 (1995a) Poly(Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter ASTM F 894 (1995) Polyethylene (PE) Large Diameter Profile Wall Sewer and Drain Pipe ASTM F 949 (1994) Poly(Vinyl Chloride) (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings 1.2 DELIVERY, STORAGE, AND HANDLING 1.2.1 Delivery and Storage Materials delivered to site shall be inspected for damage, unloaded, and stored with a minimum of handling. Materials shall not be stored directly on the ground. The inside of pipes and fittings shall be kept free of dirt and debris. Gasket materials and plastic materials shall be protected from exposure to the direct sunlight over extended periods. DACW67-99-B-0017 02720 - 2 98038/LD/ar 094283 1.2.2 Handling Materials shall be handled in such a manner as to ensure delivery to the trench in sound, undamaged condition. Pipe shall be carried to the trench, not dragged. PART 2 PRODUCTS 2.1 PIPE FOR CULVERTS AND STORM DRAINS Pipe for culverts and storm drains shall be of the sizes indicated and shall conform to the requirements specified. 2.1.1 Polyvinyl Chloride (PVC) Pipe The pipe manufacturer's resin certification, indicating the cell classification of PVC used to manufacture the pipe in accordance with AASHTO M 304, shall be submitted prior to installation of the pipe. 2.2 DRAINAGE STRUCTURES 2.2.1 Manholes and Inlets. Construction shall be of reinforced concrete or precast reinforced concrete, complete with frames and covers or gratings and with fixed galvanized steel ladders where indicated. 2.2.2 Concrete Unless otherwise specified, concrete and reinforced concrete shall conform to the requirements for 4,000 psi concrete under Section 03301 CONCRETE FOR BUILDING CONSTRUCTION (Minor Requirements). The concrete mixture shall have air content by volume of concrete, based on measurements made immediately after discharge from the mixer, of 5 to 7 percent when maximum size of coarse aggregate exceeds 1-1/2 inches. Air content shall be determined in accordance with ASTM C 231. The concrete covering over steel reinforcing shall not be less than 1 inch thick for covers and not less than 1-1/2 inches thick for walls and flooring. Concrete covering deposited directly against the ground shall have a thickness of at least 3 inches between steel and ground. Expansion joint filler material shall conform to ASTM D 1751, or ASTM D 1752, or shall be resin -impregnated fiberboard conforming to the physical requirements of ASTM D 1752. 2.2.3 Mortar Mortar for pipe joints, connections to other drainage structures, and brick or block construction shall conform to ASTM C 270, Type M, except the maximum placement time shall be 1 hour. The quantity of water in the mixture shall be sufficient to produce a stiff workable mortar. Water shall be clean and free of harmful acids, alkalies, and organic impurities. The mortar shall be used within 30 minutes after the ingredients are mixed with water. The inside of the joint shall be wiped clean and finished smooth. The mortar head on the outside shall be protected from air and sun with a proper covering until satisfactorily cured. DACW67-99-B-0017 02720 - 3 98038/LD/ar 094283 2.3.4 Precast Reinforced Concrete Manholes Precast reinforced concrete manholes shall conform to ASTM C 478. Joints between precast concrete risers and tops shall be full -bedded in cement mortar and shall be smoothed to a uniform surface on both interior and exterior of the structure. 2.2.5 Frame and Cover for Gratings Frame and cover for gratings shall be cast gray iron, ASTM A 48, Class 35B; cast ductile iron, ASTM A 536, Grade 65-45-12; or cast aluminum, ASTM B 26, Alloy 356.OT6. Weight, shape, size, and waterway openings for grates and curb inlets shall be as indicated on the plans. 2.3 DRAINAGE CONTROL VALVES 2.3.1 Tideflex Valves 2.3.1.1 Manufacturer "Tideflex Red Valve Company, Inc. P.O. Box 548 Carnegie, PA 15106 (412) 279-0044 2.3.1.2 Valves Valves shall be "duckbill" design neoprene valves. Tideflex model TF-2 slipon type shall be used for culverts. 2.3.1.3 Connection Connections, including bands, flanges, nuts, bolts and washers, shall be 316 stainless steel. 2.4 STEEL LADDER Steel ladder shall be provided where the depth of the manhole exceeds 6 feet. These ladders will be not less than 16 inches in width, with 3/4 inch diameter rungs spaced 12 inches apart. The two stringers shall be a minimum 3/8 inch thick and 2-1/2 inches wide. Ladders and inserts shall be galvanized after fabrication in conformance with ASTM A 123. 2.5 JOINTS 2.5.1 Flexible Watertight Joints Materials: Flexible watertight joints shall be made with plastic or rubber -type gaskets for concrete pipe and with factory -fabricated resilient materials for clay pipe. The design of joints and the physical requirements for plastic gaskets shall conform to AASHTO M 198, and rubber -type gaskets shall conform to ASTM C 443. Factory -fabricated resilient joint materials shall conform to ASTM C 425. Gaskets shall have not more than one factory -fabricated splice, except that two factory -fabricated splices of the rubber - type gasket are permitted if the nominal diameter of the pipe being gasketed exceeds 54 inches. DACW67-99-B-0017 02720 - 4 98038/LD/ar 094283 2.5.2 External Sealing Bands Requirements for external sealing bands shall conform to ASTM C 877. 2.5.3 PVC Plastic Pipes Joints shall be solvent cement or elastomeric gasket type in accordance with the specification for the pipe and as recommended by the pipe manufacturer. PART 3 EXECUTION 3.1 EXCAVATION FOR PIPE CULVERTS, STORM DRAINS, AND DRAINAGE STRUCTURES Excavation of trenches and for appurtenances and backfilling for culverts and storm drains shall be in accordance with the applicable portions of Section 02221 EXCAVATION, TRENCHING, AND BACKFUJANG FOR UTILITIES SYSTEMS and the requirements specified below. 3.1.1 Trenching The width of trenches at any point below the top of the pipe shall be not greater than the outside diameter of the pipe plus 12 inches to permit satisfactory jointing and thorough tamping of the bedding material under and around the pipe. Sheeting and bracing where required shall be placed within the trench width as specified. Care shall be taken not to overexcavate. Where trench widths are exceeded, redesign with a resultant increase in cost of stronger pipe or special installation procedures shall be necessary. Cost of this redesign and increased cost of pipe or installation shall be borne by the Contractor without additional cost to the Government. 3.1.2 Removal of Rock Rock in either ledge or boulder formation shall be replaced with suitable materials to provide a compacted earth cushion having a thickness between unremoved rock and the pipe of at least 8 inches or 1/2 inch for each foot of fill over the top of the pipe, whichever is greater, but not more than three -fourths the nominal diameter of the pipe. Where bell -and -spigot pipe is used, the cushion shall be maintained under the bell as well as under the straight portion of the pipe. Rock excavation shall be as specified and defined in Section 02221 EXCAVATION, TRENCHING, AND BACKFILLING FOR UTILITIES SYSTEMS. 3.1.3 Removal of Unstable Material Where wet or otherwise unstable soil incapable of properly supporting the pipe, as determined by the Contracting Officer, is unexpectedly encountered in the bottom of a trench, such material shall be removed to the depth required and replaced to the proper grade with select granular material, compacted as provided in paragraph BACKFTL.LING. When removal of unstable material is due to the fault or neglect of the Contractor in his performance of shoring and sheeting, water removal, or other specified requirements, such removal and replacement shall be performed at no additional cost to the government. 3.2 BEDDING The bedding surface for the pipe shall provide a firm foundation of uniform density throughout the entire length of the pipe. DACW67-99-B-0017 02720 - 5 98038/LD/ar 094283 3.2.1 Plastic Pipe Bedding for PVC and PE pipe shall meet the requirements of ASTM D 2321. Bedding, haunching, and initial backfill shall be either Class IB or 11 material. 3.3 PLACING PIPE Each pipe shall be carefully examined before being laid, and defective or damaged pipe shall not be used. Plastic pipe shall be protected from exposure to the direct sunlight prior to laying as needed to maintain adequate pipe stiffness and meet installation deflection requirements. Pipelines shall be laid to the grades and alignment indicated. Proper facilities shall be provided for lowering sections of pipe into trenches. Lifting lugs in vertically elongated metal pipe shall be placed in the same vertical plane as the major axis of the pipe. Under no circumstances shall pipe be laid in water, and no pipe shall be laid when trench conditions or weather are unsuitable for such work. Diversion of drainage or dewatering of trenches during construction shall be provided as necessary. Deflection of installed plastic pipe shall not exceed 4.5 percent of the nominal inside diameter. After backfilling has been completed, the Government may perform a deflection test on the entire length of installed plastic pipeline using a mandrel or other suitable device. Any plastic pipe showing deflections in excess of 4.5 percent shall be removed and replaced at the Contractors expense. All pipe in place shall be inspected before backfilling, and those pipes damaged during placement shall be removed and replaced. 3.3.1 PVC Pipe Laying shall proceed upgrade with spigot ends of bell -and -spigot pipe and tongue ends of tongue -and - groove pipe pointing in the direction of the flow. 3.4 MULTIPLE CULVERTS Where multiple lines of pipe are installed, adjacent sides of pipe shall be at least half the nominal pipe diameter or 1 meter 3 feet apart, whichever is less. 3.5 BACKFILLING 3.5.1 Backfilling Pipe in Trenches After the pipe has been properly bedded, selected material from excavation or borrow, at a moisture content that will facilitate compaction, shall be placed along both sides of pipe in layers not exceeding 6 inches in compacted depth. The backfill shall be brought up evenly on both sides of pipe for the full length of pipe. Care shall be taken to ensure thorough compaction of the fill under the haunches of the pipe. Each layer shall be thoroughly compacted with mechanical tampers or rammers. This method of filling and compacting shall continue until the fill has reached an elevation of at least 12 inches above the top of the pipe. The remainder of the trench shall be backfilled and compacted by spreading and rolling or compacted by mechanical rammers or tampers in layers not exceeding 6 inches. Tests for density will be made as necessary to ensure conformance to the compaction requirements specified elsewhere in this paragraph. Where it is necessary in the opinion of the Contracting Officer, any sheeting or portions of bracing used shall be left in place and the contract will be adjusted accordingly. Untreated sheeting shall not be left in place beneath structures or pavements. DACW67-99-B-0017 02720 - 6 98038/LD/ar 094283 3.5.2 Movement of Construction Machinery In compacting by rolling or operating heavy equipment parallel with the pipe, displacement of or injury to the pipe shall be avoided. Movement of construction machinery over a culvert or storm drain at any stage of construction shall be at the Contractors risk. Any damaged pipe shall be repaired or replaced. 3.5.3 Compaction 3.5.3.1 General Cohesionless materials include gravels, gravel -sand mixtures, sands, and gravelly sands. Cohesive materials include clayey and silty gravels, gravel -silt mixtures, clayey and silty sands, sand -clay mixtures, clays, silts, and very fine sands. When results of compaction tests for moisture -density relations are recorded on graphs, cohesionless soils will show straight lines or reverse -shaped moisture -density curves, and cohesive soils will show normal moisture -density curves. 3.5.3.2 Minimum Density Backfill over and around the pipe and backfill around and adjacent to drainage structures shall be compacted at the approved moisture content to the following applicable minimum density (densities) which will be determined as specified in this paragraph. a. Under airfield and heliport pavements, paved roads, streets, parking areas, and similar -use pavements including adjacent shoulder areas, the density shall be not less than 90 percent of maximum density for cohesive material and 95 percent of maximum density for cohesionless material, up to the elevation where requirements for pavement subgrade materials and compaction shall control. b. Under unpaved or turfed traffic areas, density shall not be less than 90 percent of maximum density for cohesive material and 95 percent of maximum density for cohesionless material. c. Under nontraffic areas, density shall be not less than that of the surrounding material. END OF SECTION DACW67-99-B-0017 02720 - 7 98038/LD/ar 094283 DACW67-99-B-0017 02720 - 8 98038 094283 SECTION 02800 SITE FURNISHINGS PART] GENERAL 1.1 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by basic designation only. AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM A 500 (1996) Cold -Formed Welded and Seamless Carbon Steel Structural Tubing in Rounds and Shapes ASTM A 513 (1997) Electric -Resistance -Welded Carbon and Alloy Steel Mechanical Tubing ASTM D 522 (REV A 1993) Mandrel Bend Test of Attached Organic Coatings ASTM D 572 (1988, R 94) Rubber— Deterioration by Heat and Oxygen ASTM D 638 (1997) Tensile Properties of Plastics ASTM D 648 (1997) Deflection Temperature of Plastics Under Flexural Load ASTM D 2247 (1994) Water Resistance of Coatings in 100% Relative ASTM D 2454 (1995) Determining the Effect of Overbaking on Organic Coatings ASTM D 2794 (1993 ) Resistance of Organic Coatings to the Effects of Rapid Deformation (Impact) ASTM D 3359 (REV A 1995 ) Measuring Adhesion by Tape Test ASTM F 1292 (1996 ) Impact Attenuation of Surface Systems Under and Around Playground Equipment U.S CONSUMER PRODUCT SAFETY COMMISSION (CPSC) CPSC (December 1990) Playground Surfacing Guidelines DACW67-99-B-0017 02800 - 1 98038 094283 1.2 REQUIREMENTS All work and materials shall conform to the requirements of the related specification sections. 1.3 SUBMITTALS Government approval is required for submittals with a "GA" designation; submittals having an "FIO" designation are for information only. The following shall be submitted in accordance with Section 01300 SUBMITTAL PROCEDURES: Drawings Drawings; FIO. Complete shop drawings shall be submitted for play equipment and picnic shelter and foundations. The drawings shall include all materials and layout information. Sealed engineered calculations shall be submitted with the shop drawings that demonstrate that the picnic shelter meets the load carrying requirements dictated for the city of Renton. Statements Statements Delivery; FIO. The following work plans, before work is started. a. Delivery Schedule at least 10 days prior to the intended date of the first delivery. Manufacturers catalogue cuts and design data; FIO. Manufacturers catalogue cuts and design data shall be submitted for play equipment and picnic shelter. Part 2 PRODUCTS 2.1 PICNIC SHELTER Contractor shall supply all materials and workmanship to construct picnic shelter. Picnic shelter shall be a square steel framed column and beam shelter structure with a 24 foot roof diameter. All exposed steel ends shall be capped with `bird -proof' closures. Columns, beams, and purlins shall be factory painted with rust -inhibitor primer, and field finished in a standard gloss brown enamel. All hardware shall be zinc -plated, included from manufacturer and painted to match columns and beams. Hip -roof decking shall be pre-cut, minimum 26 gauge steel panels, 36 inches wide, 3/4 inch deep, FY-80 ksi, primed and finished in blue color (Litchfield Industries color -Roman blue or Poligon color -Roman Blue). Gauge shall be increased, if necessary, to meet loading conditions at no extra cost to the Government. 29 gauge eave, ridge, and cap trims shall be provided in same color as roof deck. Roof pitch shall be 4:12 or 5:12. Eave height shall be approximately 8 feet 1 inch. Columns shall be surface -mounted with base plates and hardware provided by manufaturer. Picnic shelter shall be Litchfield Industries, Inc. Model No. 8124; W.H. Porter, Inc. Poligon Model No. 24 M; or approved equal. See Sketches 1 and 2 and end of Section. 2.2 PLAY EQUIPMENT 2.2.1 Acceptable Manufacturers DACW67-99-B-0017 02800 - 2 98038 094283 A. Little Tikes Commercial Play Systems, Inc. B. Gametime, Inc. C. Burke, Inc. D. Or Approved Equal 2.2.2 Colors A. Color of all components shall be selected from the manufacturer's standard colors after award of contract. 2.2.3 Components A. Pipe End Caps: End caps shall be injected molded high density polyethlene plastic or an approved material and fit snugly into pipe ends. The plastic shall be stabilized against ultraviolet (UV) degradation and shall have color molded in. Steel and galvanized post caps shall be factory installed with nylon rivets or approved fasteners. B. Painting: Paint shall be electrostatically applied polyester dry powder coating which shall be cured at temperatures between 375 degrees Fahrenheit and 500 degrees Fahrenheit. The polyester coating shall comply with ASTM standards: D-522 (Flexibility Mandrel Test), D-2794 (Impact Resistance Test), D-2247 (Humidity Resistance Test), D-2454 (Overbake Resistance Test), and D-3359 (Adhesion Crosshatching Test) or other accepted standards. Epoxy or Hybrid paints are not acceptable due to poor weather ability characteristics. C. Plating: Bolts, nuts, screws, threaded spacers, washers, and other hardware used in the assembly of components shall be either zinc plated, di -chromate washed, galvanized steel, or approved. All necessary hardware shall be provided and completely assembled by the Contractor. D. Steel Posts: Steel posts shall have a 5-inch outside diameter; 11 gauge round pipe. Minimum tensile strength shall be 55,000 psi. Minimum yield point shall be 50,000 psi. This pipe shall comply to ASTM A 500 or ASTM A 513. The bottom portion of all upright posts shall be constructed to enhance retention into the concrete footings. Plastic or approved caps shall be fitted into the other end of the pipe, and shall have nylon 6/6 rivets factory installed to resist vandalism or an approved equal. After fabrication, all posts shall be powder coated. E. Galvanized Steel Posts: Galvanized steel posts shall have a 5-inch outside diameter, 11 gauge galvanized round pipe. Minimum tensile strength shall be 45,000 psi. Minimum yield point shall be 33,000 psi. This pipe shall comply to ASTM A 500 or ASTM A 513. The steel pipe shall have a galvanized protective coating. The components shall be cleaned in a six bath system which shall include a rust -inhibitive iron phosphate wash prior to painting. The bottom portion of all upright posts shall be constructed to enhance retention into the concrete footings. Plastic or approved end caps shall be fitted into the other end of the pipe, and shall have nylon 6/6 rivets factory installed to resist vandalism. After fabrication, all posts shall be powder coated. F. Aluminum Posts: Aluminum posts shall have a 5-inch outside diameter, 1/8-inch extruded round pipe. Minimum tensile strength shall be 39,000 psi. Minimum yield point shall be 36,500 psi. The components shall be cleaned in a six bath system which shall include a rust -inhibitive iron phosphate DACW67-99-B-0017 02800 - 3 98038 094283 wash prior to painting. The bottom portion of all upright posts shall be constructed to enhance the retention into concrete footings. G. Square Metal Decks: Square metal decks shall be of one piece construction and be designed to maintain a 48-inch on post spacing, or approved equal. Metal decks shall be fabricated from punched hot rolled sheet steel welded to a 1-1/4 inch by 3 inch channel iron, cross braced reinforced frame or approved equal. Decks shall have a pattern of equally spaced holes in each side frame channel to provide flush mounting of play events that attach to the deck. The hole pattern shall allow multiple decks to be assembled at the same level providing a surface without size limitations. The assembly shall have a oven -cured polyvinyl -chloride finish. H. Triangular Decks: Triangular decks shall be of once piece construction and be designed to maintain a 48-inch to 49-inch on center post spacing. Metal decks shall be fabricated from punched hot rolled sheet steel welded to a 1-1/4 inch by 3-inch channel iron, cross brace reinforced frame or approved equal. Decks shall have a pattern of equally spaced holes in each side frame channel to provide flush mounting of play events that attach to the deck. The hole pattern shall allow multiple decks at the same level to be assembled providing a surface without size limitations. The assembly shall have a oven -cured polyvinyl -chloride finish. I. Step Deck: Step deck planks shall be designed to maintain a 48-inch to 49-inch on center post spacing. Metal step decks shall be fabricated from punched sheet steel and shall have formed sides. The assembly shall have a oven -cured polyvinyl -chloride finish. The assembly shall have two 1-5/16- inch diameter handrails which have a polyester dry powder paint finish. Spiral Slide: Spiral slide shall be rotationally molded polyethylene with ultraviolet (UV) light stabilizers with color molded in. The polyethylene shall comply with ASTM D 790 (Flex Modulus), ASTM D 638 (Tensile Strength), ASTM D 648 (Heat Distortion Temperature), and ARM -STD (Low Temperature Impact), and shall have an average 5/16-inch wall thickness. Slide rails shall be a minimum of 16-inch from the slide surface. Center post shall be 3-1/2-inch to 4-1/2-inch diameter galvanized pipe. Slide bed and enclosure shall conform to CPSC guidelines for spiral slides. Spiral slide shall provide a full 360 degrees of rotation when mounted on a 64-inch high deck, or approved equal. Slide transition decks shall be fabricated from punched sheet steel. The assembly shall have a oven -cured polyvinyl -chloride finish. Slide enclosures shall be fabricated from 1-5/16-inch outside diameter steel galvanized pipe. Slide enclosures shall have no gaps greater than 3-1/2 inches and less than 9 inches, including between vertical rungs and posts. K. Snake Pole: Snake pole shall be fabricated from 1-1/3-inches O.D. pre -galvanized steel tubing. The center support post shall be fabricated out of 1-3/4 inches O.D. pre -galvanized steel tubing. The snake pole shall be an all welded construction. Enclosure shall be fabricated from 1-1/3 inches O.D. pre -galvanized steel tubing. After fabrication, all parts shall have a baked -on electrostatically applied polyester dry -powder coating. L. Arches: Arches shall be fabricated from 10 gauge galvanized steel pipe, and have a 4-1/2 inches to 5 inch outside diameter. Arches shall be bent to a 24-inch centerline radius. The pipe shall comply to ASTM A 500 or ASTM A 513. Prior to painting, the arches shall be cleaned in a bath system which shall include a rust -inhibitive iron phosphate wash. After fabrication and cleaning, the arches shall be polyester dry powder coated. M. Tire Swings: Tire swings shall be fabricated from 5 -inch O.D. pre -galvanized steel uprights with a baked on electrostatically applied polyester dry powder coating. Tire swing shall be rotationally DACW67-99-B-0017 02800 - 4 98038 094283 molded, low density, elastomer internally reinforced with a steel ring. Swing chains shall be 4/0 straight link galvanized steel. N. Safety Rails: Safety rails shall provide enclosure, and shall have no gaps greater than 3-1/2 inches and less than 9 inches, including between vertical rungs and posts. Safety rails shall be fabricated from 1- 5/16-inch outside diameter galvanized pipe. The vertical rungs shall be securely welded to the horizontal top and bottom bar, and shall be securely welded to the horizontal top and bottom bar, and shall be welded continuously along all joints and ground smooth. O. Transfer Station (36 inches): Transfer station shall consist of a triangular deck, a single step, a two- step assembly and handrails. The triangular deck shall be 16 inches aboveground. This deck shall be fabricated from 11 gauge sheet steel, covering 639 square inches and have 1-inch by 6 inches hand slots incorporated into the deck surface for aid in user transition. Each step shall have a tread depth of 16 inches and a treed width of 37-1/2 inches with each rise 8 inches or less. Each step assembly and transfer deck shall be dipped in a oven -cured polyvinyl -chloride coating. Transfer station handrails and loops shall be fabricated from 1.315 inches O.D., pre -galvanized, 14 gauge tubing. Vertical supports are fabricated from 2.375 inches O.D., pre -galvanized 12 gauge tubing. All welded handrail assemblies shall have a baked -on electrostatically applied polyester dry powder coating. 2.3 CONCRETE EDGING Concrete edging shall be provided to contain the play area surfacing as indicated and detailed on the drawings. 2.4 PLAY AREA DRAINAGE Play area drainage shall consist of fiber drain strips provided by the same manufacturer as the wood fiber play area surfacing. Fiber drain strips shall be approximately 2 inches deep by 6 inches wide and in lengths to be cut as required. Fiber drain strips shall have a minimum flow rate of 10 gpm/ft. Fiber drain strips shall consist of a drainage core of fused entangled nylon filaments and felts, fully encapsulating the core. Play area drainage shall be Fibardrain by Fibar Systems Company. 2.5 FILTER FABRIC Filter fabric shall be minimum 3.5 ounces per square yard of 100 percent polyester, non -woven geotextile fabric. Filter fabric shall be Fibarfelt by Fibar Systems Company. 2.6 WOOD FIBER PLAY AREA SURFACING Play area surfacing shall be a mix of random -sized, shredded wood fiber that has been engineered and tested specifically for use as a playground surface. The wood fiber shall not be chemically treated in any way. The shredded wood fiber shall meet or exceed ASTM F 1292 and Playground Surfacing Guidelines of CPSC. Standard wood chips or bark mulch shall not be acceptable. Acceptable manufacturer shall be as follows: Greater than 85 percent passing 3/8-inch sieve, less than 50 percent passing a No. 60 sieve. Play surfacing shall be Fibar by Fibar Systems Company. 2.7 RUBBER WEAR MAT Rubber wear mat shall be minimum 1-1 /2 inches thick and 2 feet square tiles manufactured from 100 percent post consumer recycled tires bound with a polyurethane resin, black in color. Rubber wear DACW67-99-B-0017 02800 - 5 98038 094283 mats shall be specifically engineered and tested for use as a playground surfacing. The rubber wear mat shall meet or exceed ASTM F 1292 Standard for a drop height 12 feet and the Playground Surfacing Guidelines of the CPSC. Rubber wear mat shall be FibarMat by Fibar Systems Company. PART 3 EXECUTION 3.1 PICNIC SHELTER Contractor shall supply all materials and workmanship to construct picnic shelter, including foundations, and using sound construction principals and materials. Erection methods to conform to OSHA standards for labor safety. Locate and install where shown on the drawings. Concrete slab edge shall extend a minimum of 4 feet beyond patio cover roof outline. Concrete slab shall be jointed as provided by manufacturer. See sketches 1 and 2 attached at end of Section. 3.2 PLAY EQUIPMENT Locate and install play equipment described above as shown on drawings. Contractor shall supply all materials and workmanship to assemble and install play equipment as shown on the play area drawings in accordance with manufacturer's recommendations. 3.3 CONCRETE EDGING Concrete edging shall be installed as indicated on the drawings outside of minimum fall zone from play equipment. 3.4 PLAY AREA DRAINAGE Drainage system for play area shall be installed as indicated on the drawings. Drainage system shall be installed as recommended and approved by the wood fiber play area surfacing manufacturer to meet product liability requirements, as necessary. Fibardrain strips shall be installed at 6-foot minimum spacing and 1 percent minimum slope toward rock filled sump containing perforated pipe. Low end of perforated pipe shall be connected to collection pipe and direct away from the play area. 3.5 FILTER FABRIC Filter fabric shall be installed over the subgrade and drainage system under the wood fiber play area surfacing as indicated on the drawings. Overlap all seams a minimum of 12 inches. Slit filter fabric to fit around footings of play equipment. Where possible, overlap all slits with next piece of filter fabric. 3.6 WOOD FIBER PLAY AREA SURFACING Wood fiber (Fibar) shall be installed to a minimum depth of 12 inches within concrete edged play area shown on drawings. Finish grade of wood fiber shall meet 2 inches below top of concrete edging. Wood fiber shall not be compacted by equipment but should be allowed to compact naturally. Approximately 2 inches additional depth above finish grade should be allowed for compaction. 3.7 RUBBER WEAR MAT Rubber wear mat shall be placed in a minimum 4 foot square area under the tire drawing, the slide exit, and sliding pole and where indicated on the drawings. Rubber wear mat shall be placed on top of play area surfacing of the same manufacturer. DACW67-99-B-0017 02800 - 6 ELEVATION Design Notes: 1. All steel is to be ASTM A-36 except steel tubes. CONCRETE PAD PLAN 2. Steel tubes shall be ASTM A-500 Grade B. 3. All welding is to be done in accordance with latest AWS standards and all welds are to develop full strength of components part (E7018 Electrodes). 4. All bolts to be ASTM A-307 Galvanized. 5. All fabricated steel and structural tubes to be painted with rust inhibitive Alkyd primer according to Steel Structures Painting Council 9SSPC-SP2) as outlined in AISC 6.5. 6. All steel members shall be designed in strict accordance with the requirements and specifications of the American Institute of Steel Construction (AISC) and the American Iron and Steel Institute (AISD fcr cold formed members as applicable. 7. Design of picnic shelter structure shall be stamped by a registered Professional Engineer and submitted by the Contractor for approval. Design loads shall be in accordance with Uniform Building Code (UBC) loads for patio covers. LOWER CEDAR RIVER FLOOD CONTROL LAYOUT PLAN & ELEVATION 24" SQUARE - ALL STEEL SHELTER SK 1 02800-7 •d1 OPP- cd coL _ /,-- 5x5 stl col cu of redd) COLUMN BASE -PLATE PLAN scope from center a • • I % (TYP'L) CL �''' •, 16' typ t be C2/21 CONC SLAB PERIMETER Design Note: NUM &Y-7 11/16' 15'-3 7/8' corner to corner 3x7 to m 5x5 stl col 3/4' anchor bolts vckened ed a rode i - A - 4—req'd. relnf'd cone ?to Y CLR By Gen'1 Contr AU Sides ,I #4 vent rebar i !4 tses 1J Q 12'oc. 11/21 SUPPORT SECTION Concrete footing and pier size and reinforcement shall be stamped by a registered Professional Engineer and submitted by the Contractor for approval prior to installation to meet soil conditions and design load requirements. LOWER CEDAR RIVER FLOOD CONTROL SUPPORT SECTION & FOOTING DETAILS 24` SQUARE - ALL STEEL SHELTER SK 2 02800-8 END OF SECTION 98038/LD/ar 094283 SECTION 02811 IRRIGATION SPRINKLER SYSTEMS PART1 GENERAL 1.1 SUMMARY This performance specification covers the requirements for the design and installation of an automatic underground irrigation system including revisions to and coordination with an existing irrigation system as indicated on reference drawings. 1.2 REFERENCES The publications listed below form a part of this specification to the extent referenced. The publications are referred to in the text by the basic designation only. AMERICAN NATIONAL STANDARDS INSTITUTE, INC. (ANSI) ANSI Al 12.26.1 M (1984) Water Hammer Arresters ANSI B 1.2 (1983) Gages and Gaging for Unified Inch Screw Threads ANSI B 16.3 (1985) Malleable Iron Threaded Fittings AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) ASTM A53 (1988 Rev. A) Pipe, Steel, Black and Hot -Dipped, Zinc -Coated, Welded and Seamless ASTM D2241 (1988) Poly(Vinyl Chloride) (PVC) Pressure Rated Pipe (SDR Series) ASTM D2464 (1988) Threaded Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 80 ASTM D2466 (1988) Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 ASTM D2564 (1988) Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Pipe and Fittings ASTM D2774 (1972 R 1983) Underground Installation of Thermostatic Pressure Piping ASTM D2855 (1983) Making Solvent -Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings DACW67-99-B-0017 02811 - 1 98038/LD/ar 094283 ASTM F441 (1988) Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40 and 80 AMERICAN WATER WORKS ASSOCIATION (AWWA) AWWA C651 (1992) Disinfecting Water Mains FOUNDATION FOR CROSS -CONNECTION CONTROL AND HYDRAULIC RESEARCH (FCCCHR) FCCCHR (1988) List of Approved Back -Flow Prevention Assemblies, February 1 MANUFACTURERS STANDARDIZATION SOCIETY OF THE VALVE AND FITTINGS INDUSTRY (MSS) MSS SP80 (1987) Bronze Gate, Globe, Angle and Check Valves NATIONAL ELECTRICAL MANUFACTURERS ASSOCIATION (NEMA) NEMA ICS2 (1983, Rev. 4 1987) Industrial Control Devices, Controllers, and Assemblies NEMA ICS6 (1988) Enclosures for Industrial Controls and Systems NATIONAL FIRE PROTECTION ASSOCIATION (NFPA) NFPA 70 (1987) National Electrical Code NATIONAL ASSOCIATION OF PLUMBING, HEATING, & COOLING CONTRACTORS NSCP (1996) National Standard Plumbing Code 1.3 PERFORMANCE REQUIREMENTS This performance specification covers the requirements for redesign, repair, and new installation as required of an automatic underground irrigation system. The irrigation system shall be designed by a Certified Irrigation Consultant, Landscape Architect, or Registered Engineer with a minimum of three years experience in irrigation design. The system shall be designed to be constructed within the areas indicated on the drawings. System design shall utilize Rain Bird equipment only to match and be compatible with existing components. Existing components shall be reused as much as possible. The irrigation system shall operate with a minimum water pressure of 80 psi at connection to the backflow prevention device, 30 psi at the last head in each spray zone. The system shall have proper backflow prevention and be completely energizable by providing quick couplers for blowing out the system with compressed air and/or by providing drain valves at low points. 1.4 SUBMITTALS Government approval is required for all submittals with a "GA" designation; submittals having an "FIO" designation are for information only. Submit the following in accordance with Section 01300, "Submittal Procedures." DACW67-99-B-0017 02811 - 2