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Home My WebLink AboutContract 1 Award Date: 8/14/2013 CAG-13-116 Awardedto: T.F. Sahli Construction 1 14607 22nd SW Burien, WA 98166 $25, 163 .10 1 �Y O 1 City of Renton Forms, Contract Forms, .' milk + Conditions of the Contract, Plans and WA Permits i � o � Y 1 1 City t of Renton 1 Construction o£ 1 Surface Water Utility 2013 Project Site Vegetation a., Mana g ment Contract 1 PROJECT NO. SWP-27-3676 1 1 City of Renton 1 1055 South Grady Way Renton WA 98057 Project Manager: Allen Quynn, 425-430-7247 ® Printed on Recycled Paper 7 CITY OF RENTON ' RENTON, WASHINGTON 1 CONTRACT DOCUMENTS for the Surface Water Utility 2013 Project Site Vegetation Management Contract PROJECT NO. SWP-27-3676 CAG-13-116 1 . July 2013 1 CONTRACT FORMS CONDITIONS OF THE CONTRACT SPECIFICATION PLANS 1 J. .s r ofw� 1 Qo� �b- '�v A�o\�► 3 IAA 1 `'CITY OF RENTON 1055 South Grady Way Renton, WA 98057 i ® Printed on Recycled Paper x ................ ............. k = r a • — ti C N:ST RU CTI O N Surface Water Utility 2013 Project Site Vegetation Management 9 9 Contact Information Tom Sahli - Owner Office: 206-248-0580 Cell: 425-777-0746 _ Email: tfsahli @qmail.com ' Tommie Sahli - Project Manager/Foreman Office: 206-248-0580 ' Cell: 206-402-8087 Email: tfsahli @gmail.com 1 Elizabeth Roisum - Laborer Cell: 425-647-7182 Brandon Bush - Bonding Agent HUB International Northwest, LLC Work: 425-489-2144 ' Cell: 425-223-2357 Fax: 425-368-4763 Email: brandon.bush @hubinternational.com f 14607 22ND SW PHONE (206)248-0580 Buren WA 9166 FAX: " (2Q6)241 1`161 A � EMAIL 1f5ahli @grnail coin ry �� 'r' — r — - — - - — i City of Renton- Business License Page 1 of 1 I .- — r - -� i �- .1. b e�s t 0t 0- rifl t►ai'Idtr taa� a f ht� g�r ti� �� k f ^r--,c 1 .. ,. =r t h+r t r t o .3`,�%-�- ,,; c.nn...� §.,;-riwnx *+� fw i �, t. ;, F-' K a;n to x r 'Gr ��"i'¢�zyt'r`�rr y::,� �? i .--�,nJ t +r y e�x.s"''_Xio'dt" rtz r Csiinririatitin Number RUBBTJS0004U3617 r ''w ' & r y f _ .+� -- ✓f :t � - 11 11 ��'{y�y!y°}} :sr(� ■ Yx �'AS-;+ r,:.:a �v*7L`Y:- `�;,.. r't'`�3.ii, 11, a` _ Y�x rtry,� A ^,' 4Y{�`�' Pl.r7 �'�r��Y' aF11yi7 �La/l, S 3,., �Y F �J( - ',',L�.Z.x-2" 5- #6.„ i ¢'iii d N ''�S f Mr Y { 1 l .L£ ^y .: J £} 4" '� - 'F- ".:'A '+.�3 r a7r.. 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S 1._ - �" E mail Address ^N/A --------- ------ ---- --------- ---- ----------------- ---- Business License . IAnnual.. . City of ��. Expiration Date o �s" �� 07/31/2013 O ' 1055 South Grady Way Renton, WA 98057 (425)430-6851 nor . I Business Location.. . I14607 22ND SW ' Issued Date: License# B'U.RIEN, WA 98166 05/09/2012 BL:034737 Licensee has applied for a City of Renton business TF SAHLI CONSTRUCTION license in accordance with Renton Municipal Code 14607 22ND SW (the Code.), Title. V :Business, Chapter 5 Business BURIEN, WA 98166 I . . Licenses. The Licensee agrees. to comply with all requirements of the Code, as well as State laws and - regulations applicable to the business activity licensed. . Post this License at the place of business. I ....p...,-r-.,--- .. Gmail - Payment Confirmation for Business License Page 1 of 1 Tommie Sahli<tfsahli @gmail.com> Payment Confirmation for Business License City of Renton < noreply @epymtservice.com> Mon, Aug 5, 2013 at 11:01 AM To: tfsahli @gmail.com *** PLEASE DO NOT RESPOND TO THIS EMAIL*** 1 Thank you for your payment. This email is to confirm your payment submitted on Aug-05-2013 for Business License. Confirmation Number: RUBBUS000402617 Payment Amount: $115.50 Scheduled Payment Date: Aug-05-2013 Amount Due: $115.50 Payer Name: Tom Sahli Credit Card Number: *4141 Credit Card Type: MC Approval Code: 03503C Merchant: City of Renton Website: http://rentonwa.gov/ If you have questions about this payment or need assistance, please view the payment online at http://rentonwa.gov/, or call Customer Service at(425)430-6851. IThank you for using the city License electronic payment system. htt s://mail. oo le.com/mail/u/0/?ui=2&ik=f8a9322cea&view= t&search=inbox&ms =14... 8/5/2013 P g g P g tDeparnent•of Labor and ndustries PO Box 44450 I CONSTRUCTION Olympia, WA 98504 4450 C*033NA e � vlded by Law..as Contractor:; T F SAHLI CONSTRUCTI a 1/1997 147 D SW 6022N . WA � 8/7/2015 Bl TRIEN 98` 66 i r ,5 I 1 i -ity d Surface Water Utility 2013 Project Site Vegetation Management Contract SWP 27-3676 CONTRACT DOCUMENT TABLE OF CONTENTS Summary of Fair Practices Policy Summary of Americans with Disability Act Policy Vicinity Map Scope of Work *Proposal & Combined Affidavit&Certificate Form: Non-Collusion Anti-Trust Claims Minimum Wage Form *Dept. of Labor and Industries Certificate of Registration I *Schedule of Prices ❖Bond to the City of Renton ❖Fair Practices Policy Affidavit of Compliance j ❖Contract Agreement (Contracts other than Federal -Aid FHWA) ❖Retainage Selection City of Renton Insurance Requirements Prevailing Minimum Hourly Wage Rates(New job classifications) Statement of Intent to Pay Prevailing Wages Affidavit of Prevailing Wages Paid tSpecial Provisions Exhibit A—Project Site Locations Exhibits B-1A—B-113-Site#1 Plans Exhibits B-2A—B-2C-Site#2 Plans Exhibits B-3A—B-313-Site#3 Plans Exhibits B-4A—B-4D-Site#4 Plans ' Aquatic Noxious Weed Management General Permit Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * Submit with Quote ❖ Submit at Notice of Award (at the Latest) CITY OF RENTON Public Works Department 1055 South Grady Way Renton, Washington 98057 CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 4085 It is the policy of the City of Renton to promote and provide.equal treatment and service to all-citizens and-to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry; sex; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: t (1) EMPLOYMENT PRACTICES - The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS - Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 7th day of March 12011 CITY(05 RENTON RENTON CITY COUNCIL a Denis Law, Mayor until Pr .sident Attest: Bonnie I. Walton, City Clerk SEA qty ys ,`o�� ',J`//l7lJIIiIII�Nlflll\l� L , tCITY OF RENTON SUMAIARYOFAAdMCANS WITHAISABILTlIESACTPOLICY ADOPTED BYRESOLUTIONNO. 3007 The policy of the City of Renton is to promote and afford equal treatment and service to all citizens and to assure employment opportunity to persons with disabilities, when the City of Renton can reasonably accommodate the disability. This policy shall be based-on_the principles of equal employment opportunity, the Americans With Disabilities Act and other applicable guidelines as set forth in federal, state and local laws. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES - All activities relating to employment such as recruitment, selection,promotion,termination and training shall be conducted in a non- discriminatory manner. Personnel decisions will be based on individual performance, staffing requirements, and in accordance with the Americans With Disabilities Act and other applicable laws and regulations. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity for persons with disabilities in employment and receipt of City services,activities and programs. (3) AMERICANS WITH DISABILITIES ACT POLICY-The City of Renton Americans With Disabilities Act Policy will be maintained to facilitate equitable representation within the City work force and to assure equal employment opportunity and equal access to City services, activities and programs to all people with disabilities. It shall be the responsibility and the duty of all City officials and employees to carry out the policies and guidelines as set forth in this policy I (4) CONTRACTORS' OBLIGATION - Contractors, subcontractors, consultants and suppliers conducting business with the City of Renton shall abide by the requirements of the Americans With Disabilities Act and promote access to services, activities and programs for people with disabilities. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls,and shall be prominently displayed in appropriate City facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 4th. day of October 1993. CnYQW RENTON RENTON CITY COUNCIL: e-2.7>Z.6��alz- Mayor C&unciI President Attest: City Clerk ` Surface Water Utility 2013 Project Site Vegetation Management Contract - Vicinity"Map _ •�_ �j �..� v t"c 4,1 r" f� ��11 �h`•,•'-,''�•1•_-••'S.' � _ `��; )1. ,S' .•1>, Q.s� �.;�,�L� L i>� � "' " .Cn 'r> ,,�` � r��,:• •� �� try- ,Y4'1 i. �!�!� ,� �'y 'LP1 o+-a _ �,g�i" �, N, Site #3 nit T SIV Y3 113D FU- J C3 NOV.' t , :; � S:.•.�; �,X. •e ..i...t `�! e, Site #2 :s;.;�, IF ems ►«� :�•= _ .... � s: ..�:.: _:,��•�,.:� 1r bra" Gr �k ..Z* I UP yv §Et!�6-8tt T t [� j li LI .I: "'§;` _"! t; -B13IJ IT. { J:i, - ''pj'.r x t� �3 p :t, .••'^'�". IM V. 167 1A f ................ ............i .. ...........•Site#1 167 ....... —W 7'-,. dta. NT rr* N Printed Date:•05/14/2013 WE Legend By:gdeirosario Vegetation Management Sites 0 0.25 0.5 1 Miles S tCITY OF RENTON Surface Water Utility 2013 Projet Site Vegetation Management Contract SWP-27-3676 SCOPE OF WORK The work involved under the terms of this contract document shall be full and complete vegetation management, as shown on the plans and as described in the construction specifications, to include but not be limited to: Provide labor, materials, equipment, permits and licenses necessary to perform all work associated with vegetation management on 4 project sites within the City of Renton. Specifically, control targeted invasive plants including Himalayan and Cut Leaf .Blackberry, Reed Canary Grass, Purple Loosestrife, English Ivy, Butterfly Bush, Scotch Broom, Japanese Knotweed and all other weeds listed on King county's Class A noxious weeds list. With the exception of Japanese Knotweed and Blackberry species, targeted invasive plants shall be controlled using manual methods to the greatest extent possible. Other control methods, including limited spot application of approved herbicide may be used if manual control is not effective or the degree of establishment of targeted invasive plants warrants more aggressive herbicide control. Contractor shall assess each site and determine the most effective method for controlling targeted vegetation within the site limits. Japanese Knotweed and Blackberry species shall be controlled exclusively through the use of herbicides. Any contractor connected with this project shall comply with all Federal, State, County, and City codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document. All work associated with this contract shall be completed by September 30, 2013. y Proposal-Page 1 of 2 CITY OF RENTON tSurface Water Utility 2013 Project Site Vegetation Management Contract SWP-27-3676 Proposal & Combined Affidavit & Certificate Form tTO THE CITY OF RENTON RENTON, WASHINGTON ' Ladies and/or Gentlemen: ' The undersigned hereby certify that the bidder has examined the site of the proposed work and.have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement, or as much thereof as can be completed ' with the money available; in accordance with the said plans, specifications and contract and the following schedule of rates and prices: ' (Note: Unit prices for all items, all extensions, and total amount of bid should be shown. Show unit prices both in writing and in figures.) ' The undersigned further certifies and agrees to the following provisions: ' NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person ' not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other tperson any advantage over other Bidder or Bidders. AND ' CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust ' violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, ' quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. ' AND MINIMUM WAGE AFFIDAVIT FORM ' I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the ' minimum rate of wages as specified in the principal contract. Proposal-Page 2 of 2 I have read the above and foregoing statements and certificate, know the contents thereof and the ' substance as set forth therein is true to my knowledge and belief. FOR: PROPOSAL, NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND ' MINIMUM WAGE AFFIDAVIT Sa-L Name of Bidder's Firm f P � Printed Name: 'cxfy s a, 1 , Signature: G� Address: /�44 O 7 72-- Contact Name(please print): ' Phone: (/, Email: / A Names of Members of Partnership: OR Name of President of Corporation ' Name of Secretary of Corporation I� / r/ ' Corporation Organized under the laws of . With Main Office in State of Washington at ' Subscribed and sworn to before me on this day of 20 ✓ Q Notar)(Pu lic in and for the State of Washington Notary Public _ State of Washington Notary(Print) I�_fa � .,sayin (G ' LYNDA ISERNIO MY COMMISSION EXPIRES My appointment expires: (of I 7�ll ej June 01,2015 1 1 ' Department of Labor and Industries Certificate.of Registration 1 ' Name..ori Registration; I V YV 1 � �X�k'�� _.-..... ,. Registry#ion Number. Ex" �1' S� 1't(i �331v ►"` xration Date: ' Notc:A OOpy.of thc:ccrt Jiicate:will be:r"equested as::part e►f contract'execut on;when project is aw4rdcd.. i r r r r r r r r r r age 14 Department of Labor and Industries Certificate of Registration rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com-Always Verify Scale ' EXHIBIT A REQUEST FOR QUOTE-SMALL WORKS ROSTER ' Surface Water Utility 2013 Project Site Vegetation Management Contract Item Total f ' Site#1 Vegetation Management $ Cs Sales Tax(9.5%) 144�0 ' Total Site#1 Site#2 Vegetation Management Sales Tax(9.5%) $ ' Total Site#2 $ c (� Site#3 Vegetation Management $ � ' ' Sales Tax(9.5%) $ {�, 7 Total Site#3 $ D Site#4 Vegetation Management $ , ' Sales Tax(9.5%) . $ Total Site#4 $ r ' Total Quote $ 9,51('4 (Includes all costs for labor, materials,equipment and taxes) :I ' The undersigned declares that before preparing their quote,they read carefully the specifications and requirements for proposers and that their quote is made with the full knowledge of the kind,quality and quantity of services and equipment to be furnished,and their said quote is as stated on these pages.By ' signing this page of the quotation,the Contractor acknowledges and agrees to the terms and conditions of each of the fq[mulnclucled in the quote documents. #� Authorized Official(Signature) D 1 45 ko Print Name of Authorized Official Title of Authorized Official wu Company Name Telephone Number Address ' City,State,Zip I ' State Contractors License Number Unified Business Identifier Number(UBI) ' Bond No.1000881467 BOND TO THE CITY OF RENTON 1 KNOW ALL MEN BY THESE PRESENTS: That we the undersigned T.F.Sahli Construction as principal, and American Contractors Indemnity Company corporation organized and existing under the laws of the State of California as a ' surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of $25,163.10 for the payment of which sum on ' demand we bind ourselves and our successors, heirs, administrators or person representatives, as the case may be. ' This obligation is entered into in pursuance of the statutes of the State of Washington,the Ordinance of the City of Renton. Dated at Renton ,Washington,this day of M*2-A0�3 ' Nevertheless,the conditions of the above obligation are such that: ' WHEREAS, under and pursuant to Public Works Construction Contract CAG-13-116 providing for construction of Surface Water Utility 2023 Proiect Site Vegetation Management Contract (project name) ' the principal is required to furnish a bond for the faithful performance of the contract;and - WHEREAS,the principal has accepted,or is about to accept,the contract,and undertake to perform the ' work therein provided for in the manner and within the time set forth; NOW, THEREFORE, if the principal shall faithfully perform all of the provisions of said contract in the ' manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying ' on of said work, and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract ' or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton, then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. ' T.F.Sahli Construction American Contractors Indemnity Company Principal Surety . 1 zg'AJ4L- _ Signature Signatur Julie M.Glover Attorney-in-Fact Title Title — k POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY KNOW-1LLIMEN BY THESE PRESENTS That American Contractors Indemnity CgWan—m California corporation,UnttedS*ate uul�uu II I;II ( ri a Maryland eb�poration and U S!' Specialty Insuraceoaixas corporationoctively, l� �— — lilldll s nl ��IV�ull� III I lh —— _ — �r�anres��dry these presents makes cotastl�lltu'ute�liand ppoint: _ Brandon K.Bush,Julie M.Glover,Andrew D.Prill,Darlene P.Jakielski,Theresa.A.Lamb,Michael J.Cotton, ' Steven M.Wagner,Nancy J.Osborne,James S.Kuich or Brett N.Meier of Bothell,Washington p its true and lawful Attomey(s)-in-fact,each in their separate capacity if more than one is named above, with full power and authority hereb eonfened=in its name,place and stead Aq%exe acknowledge and deliver any;liand a"11 bonds,reco nizances de n or 1 CITY OF RENTON ' FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE E� hereby confirms and declares that: ' (Name of contractor/subcontractor/consultant) ' I. It is the policy of the above-named contractor/subcontractor/consultant,to offer equal ' opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental ' disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C ' status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. ' IL The above-named contractor/subcontractor/consultant complies with all applicable federal, ' state and local laws governing non-discrimination in employment. ' III. When applicable,the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative's Name t IUC ' Print Agent/Representative's Title ! G�i1n JL ' Agent/Representative's Signature Date Signed ' Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. I tTF Sahli Construction 1460722 nI SW tBurien, WA 98166 August 5, 2013 1 Allen Quynn ' Project Manager Surface Water Utility Engineer City of Renton t 1055 South Grady Way Renton, WA 98057-3232 Dear Allen: ' The following names are authorized to sign the contract and included are samples of their signatures. P Tom Sahli To ie Sahli Sincerely, Tom Sahli ' Owner t ' CONTRACTS OTHER THAN FEDERAL-AID FHWA THIS AGREEMENT, made and entered into this /� day of� c 01f by and ' between THE CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "CITY" and T F Sahli Construction , hereinafter referred to as "CONTRACTOR." tWITNESSETH: 1) The Contractor shall within the time stipulated, (to-wit: shall occur in the month of September 2013 as required by the Contract, of which this agreement is a component part) perform all the work and services required to be performed, and provide and furnish all of ' the labor, materials, appliances, machines, tools, equipment, utility and transportation services necessary to perform the Contract, and shall complete the construction and installation work in a workmanlike manner, in connection with the City's Project (identified t as No._SWP-27-3676 (CAG-13-116)_for improvement by construction and installation of: Work for the Surface Water Utility 2013 Project Site Vegetation Management Contract, as described in"Scope of Work"included herein. All the foregoing shall be timely performed, furnished, constructed, installed and completed in strict conformity with the plans and specifications, including any and all addenda issued ' by the City and all other documents hereinafter enumerated, and in full compliance with all applicable codes, ordinances and regulations of the City of Renton and any other governmental authority having jurisdiction thereover. It is further agreed and stipulated that ' all of said labor, materials, appliances, machines, tools, equipment and services shall be furnished and the construction installation performed and completed to the satisfaction and the approval of the City's Public Works Director as being in such conformity with the plans, ' specifications and all requirements of or arising under the Contract. The Contractor agrees to use recycled materials whenever practicable. 2) The aforesaid Contract, entered into by the acceptance of the Contractor's bid and signing of this agreement, consists of the following documents, all of which are component parts of said Contract and as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached. ' a) This Agreement b) Specifications t c) Maps and Plans d) Special Provisions, if any e) Technical Specification, if any 1 1 (A-21009 3) If the Contractor refuses or fails to prosecute the work or any part thereof, with such diligence as will insure its completion within the time specified in this Contract, or any ' extension in writing thereof, or fails to complete said work with such time, or if the Contractor shall be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver shall be appointed on account of the Contractor's ' insolvency, or if he or any of his subcontractors should violate any of the provisions of this Contract, the City may then serve written notice upon him and his surety of its intention to terminate the Contract, and unless within ten(10)days after the serving of such notice,such ' violation or non-compliance of any provision of the Contract shall cease and satisfactory arrangement for the correction thereof be made, this Contract, shall,upon the expiration of said ten (10) day period, cease and terminate in every respect. In the event of any such termination,the City shall immediately serve written notice thereof upon the surety and the ' Contractor and the surety shall have the right to take over and perform the Contract, provided, however, that if the surety within fifteen (15) days after the serving upon it of such notice of termination does not perform the Contract or does not commence ' performance thereof, the City itself may take over the work under the Contract and prosecute the same to completion by Contract or by any other method it may deem advisable, for the account and at the expense of the Contractor, and his surety shall be liable to the City for any excess cost or other damages occasioned the City thereby. In such event, ' the City, if it so elects, may, without liability for so doing, take possession of and utilize in completing said Contract such materials, machinery, appliances, equipment, plants and other properties belonging to the Contractor as may be on site of the project and useful therein. 4) The foregoing provisions are in addition to and not in limitation of any other rights or ' remedies available to the City. 5) Contractor agrees and covenants to hold and save the City, its officers, agents, representatives and employees harmless and to promptly indemnify same from and against ' any and all claims, actions, damages, liability of every type and nature including all costs and legal expenses incurred by reason of any work arising under or in connection with the Contract to be performed hereunder, including loss of life,personal injury and/or damage to ' property arising from or out of any occurrence, omission or activity upon, on or about the premises worked upon or in any way relating to this Contract. This hold harmless and indemnification provision shall likewise apply for or on account of any patented or ' unpatented invention, process, article or appliance manufactured for use in the performance of the Contract, including its use by the City, unless otherwise specifically provided for in this Contract. ' The Contractor agrees to name the City as an additional insured on a noncontributory primary basis. In the event the City shall, without fault on its part, be made a party to any litigation commenced by or against Contractor, then Contractor shall proceed and hold the ' City harmless and he shall pay all costs,expenses and reasonable attorney's fees incurred or paid by the City in cormection with such litigation. Furthermore, Contractor agrees to pay all costs,expenses and reasonable attorney's fees that may be incurred or paid by City in the ' enforcement of any of the covenants,provisions and agreements hereunder. Nothing herein shall require the Contractor to indemnify the City against and hold harmless the City, from claims, demands or suits based solely upon the conduct of the City, its ' officers or employees and provided further that if claims or suits are caused by or result from the concurrent.negligence of(a)the Contractor's agents or employees and (b) the City, its agents, officers and employees, and involves those actions covered by RCW 4.24.115, this indemnity provision with respect to claims or suits based upon such concurrent negligence shall be valid and enforceable only to the extent of the Contractor's negligence or the negligence of the Contractor's agents or employees. ' Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor ' and the city, its officers, officials, employees and volunteers, the contractor's liability hereunder shall be only to the extent of the contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitute the ' contractor's waiver of immunity under the Industrial Insurance Act, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this ' agreement. 6) Any notice from one party to the other party under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by its duly authorized representative ' of such party. Any such notice as heretofore specified shall be given by personal delivery thereof or by depositing same in the United States mail, postage prepaid, certified or registered mail. ' 7) The Contractor shall commence performance of the Contract no later than 10 calendar days after Contract final execution,and shall complete the full performance of the Contract in the ' month of September 2013. For each and every working day of delay after September 2013, it is hereby stipulated and agreed that the damages to the City occasioned by said delay will be the sum of per Section 1-08.9 of Standard Specifications as liquidated damages(and not as a penalty)for each such day,which shall be paid by the Contractor to the City. 8) Neither the final certificate of payment not any provision in the Contract nor partial or entire use of any installation provided for by this Contract shall relieve the Contractor of t liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall be under the duty to remedy any defects in the work and pay for any damage to other work resulting therefrom which shall appear within the period of one (1) ' year from the date of final acceptance of the work, unless a longer period is specified. The City will give notice of observed defects as heretofore specified with reasonable promptness after discovery thereof, and Contractor shall be obligated to take irnrnediate steps to correct and remedy any such defect,fault or breach at the sole cost and expense of Contractor. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work t includes, without limitation: work and materials that do not conform to the requirements of this Agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, ' the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct. the ' cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. 3 ' The Contractor agrees the above one year limitation shall not exclude or diminish the City's rights under any law to obtain damages and recover costs resulting from defective and unauthorized work discovered after one year but prior to the expiration of the legal time ' period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed or implied arising out of a written agreement. t Final Payment: Waiver of Claims. THE CONTRACTOR'S ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CONTRACTOR'S CLAIMS, EXCEPT THOSE PREVIOUSLY AND ' PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME FINAL PAYMENT IS MADE AND ACCEPTED. ' 9) The Contractor and each subcontractor, if any, shall submit to the City such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and miscellaneous data pertaining to the Contract as may be requested by the City from time to ' time. 10) The Contractor shall furnish a surety bond or bonds as security for the faithful performance of the Contract, including the payment of all persons and firms performing labor on the ' construction project under this Contract or furnishing materials in connection with this Contract; said bond to be in the,full amount of the Contract price as specified in Paragraph 12. The surety or sureties on such bond or bonds must be duly licensed as a surety in the ' State of Washington. 11) The Contractor shall verify, when submitting first payment invoice and annually thereafter, ' possession of a current City of Renton business license while conducting work for the City. The Contractor shall require, and provide verification upon request, that all subcontractors participating in a City project possess a current City of Renton business license. The ' Contractor shall provide, and obtain City approval of, a traffic control plan prior to conducting work in City right-of-way. 12) The total amount of this contract is the sum of $25,163.10 numbers Twenty Five Thousand One hundred Sixty Three Dollars and 10 cents written words ' including Washington State Sales Tax. Payments will be made to Contractor as specified in the"Special Provisions" of this Contract. ' 13) INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. 14) LIMITATION OF ACTIONS. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN ' 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE ' STATUTORY LIMITATIONS PERIOD. 15) Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option 4 c l--2 0 —= conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. 16) Written Notice. All communications regarding this Agreement shall be sent to the parties at ' the addresses listed on the signature page of the Agreement,unless notified to the contrary. Any written notice hereunder shall become effective three(3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the ' addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. 17) Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. ' 18) Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the city and Contractor. 19) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become ' applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. 20) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. ' IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above-written. t ' - CONT CTOR CITY OF RENTON V President/Partner/Owner ' Gregg Z _«merman PW Administrator ' Secretary i dba ' Firm Name check one Individual ® Partnership ® Corporation Incorporated in 5 Attention: If business is a CORPORATION, name of the corporation should be listed in full and both President and Secretary must sign the contract, OR if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. J If business is a PARTNERSHIP, full name of each partner should be listed followed by d/b/a (doing business as)and firm or trade name; any one partner may sign the contract. If business is an INDIVIDUAL PROPRIETORSHIP,the name of the owner should appear followed by d/b/a and name of the company. i r i 6 i ' CITY OF RENTON tSurface Water Utility 2013 Project Site Vegetation Management Contract SWP-27-3676 CAG-13-116 RETAINAGE SELECTION ' Per Standard Specifications Section 1-09.9(l)Retainage, and RCW 60.28,a sum of 5-percent of the monies earned by the Contractor will be retained from progress estimates. The retainage will be used ' as a trust fund for the protection and payment of(1)the State with respect to taxes, and(2)the claims of any person arising under the Contract. ' The Contractor shall select one of the options below for the retainage fund(check one): �/ 1. Retained in a fund held by the City(non-interest bearing), or 2. Deposited by the City in an escrow account(interest bearing) in a bank, mutual savings bank, or ' savings and loan association. Deposits will be in the name of the City and are not allowed to be withdrawn without the City's written authorization. ' _3.The City, at it's option,may accept a bond from the Contractor in lieu of retainage. If the Contractor selects option 2 or 3 it is fully responsible for selecting the bank or association to be used, and for making all arrangements and paying all costs associated with that option. tAll arrangements and forms needed for option 2 or 3 shall be submitted to the City for review and approval. Release of the Retainage will be made 60 days following the Completion Date provided the conditions in Special Provisions Section 1-09.9(1), and applicable State Regulations,are met. SIGNED: ,2 PRINT NAME: COMPANY: L � wU of( t�, .. DATE: 2 13 L �.- TFSAH-1 OP ID: D3 DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/31/13 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 425-489-4500 NAAME: ' Hub International Northwest 425489 4501 'VC NN Ext: FAX No P.0.Box 3018 Bothell,WA 98041-3018 E-MAIL ADDRESS: Brandon Bush INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty NW Insurance Corp. INSURED TF Sahli Construction INSURER 8: Thomas Sahli PO Box 332 INSURER C: Seahurst,WA 98062 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSR WV13 POLICY NUMBER MM/LDIDfYYYY MMIDD� LIMITS LTR ' GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY BK055150706 08/01113 08/01/14 PREMISES Ea occ—ncel $ 1,000,000 CLAIMS-MADE 7X MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 X PerProj/PerLoc GENERALAGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY X J CO- LOC Emp Ben. $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ A ANY AUTO BA055150706 08/01/13 08/01/14 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ ' X HIREDAUTOS X AUTOS Per accident UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- ;LIMIT AND EMPLOYERS'LIABILITY Y/N 0 ANY PROPRIETOWPARTNER/EXECUTIVE❑ N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? ' (Mandatory in NH) E.L.DISEASE-EA EMP $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY $ ' DESCRIP TION OF OPERATIONS/LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF RENTON. COVERAGE IS PRIMARY AND NON–CONTRIBUTORY. SEE ATTACHED ENDORSEMENT. RE: SURFACE WATER UTILITY 2013 PROJECT SITE VEGETATION MANAGEMENT CERTIFICATE HOLDER CANCELLATION CITYOFR SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF RENTON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. RENTON CITY HALL 1055 S GRADY WAY AUTHORIZED REPRESENTATIVE RENTON,WA 98057 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 10 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: ' COMMERCIAL GENERAL LIABILITY COVERAGE PART ' INDEX SUBJECT PAGE N NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 0 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 5 WHO IS AN INSURED -INCIDENTIAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY AQUIRED ENTITIES 6 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 ° KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 ' LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 7 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 02010 Liberty Mutual Insurance Company.All rights reserved. ' CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 7 ' With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and ' 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C, PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. 1 D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: ' 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or ' (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. ' Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 02010 Liberty Mutual Insurance Company.All rights reserved. ' CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 7 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises 1 Rented To You as described in Section III -Limits Of Insurance. 2. Paragraph 6. under Section III -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION N If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 02010 Liberty Mutual Insurance Company.All rights reserved. ' CG 11110 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 7 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on 1 the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. N 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: ©2010 Liberty Mutual Insurance Company.All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 7 (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations N by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- , ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a " primary and noncontributory basis, this policy shall be primary and we will not seek contribution from ' the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS- EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. M 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: tAn additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. ©2010 Liberty Mutual Insurance Company.All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 7 d. We have no duty to defend or indemnify an additional insured under this endorsement until ' we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED- INCIDENTIAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION- MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, ' if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that ° organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. 02010 Liberty Mutual Insurance Company.All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 7 L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit' by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE a If we revise this Commercial General Liability Extension Endorsement to provide more coverage without 0 additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 0 Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: ' 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ' ment. ©2010 Liberty Mutual Insurance Company.All rights reserved. CG 88 10 10 09 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 7 CITY OF RENTON Surface Water Utility 2013 Project Site Vegetation Management Contract SWP-27-3676 CAG-13-116 1 RETAINAGE SELECTION Per Standard Specifications Section 1-09.9(1)Retainage, and RCW 60.28,a sum of 5-percent of the monies earned by the Contractor will be retained from progress estimates. The retainage will be used as a trust fund for the protection and payment of(1)the State with respect to taxes, and(2)the claims of any person arising under the Contract. The Contractor shall select one of the options below for the retainage fund(check one): 1/ 1. Retained in a fund held by the City(non-interest bearing), or 2.Deposited b the City in an escrow_ p y ty o account(interest bearing) in a bank, mutual savings bank, or ' savings and loan association. Deposits will be in the name of the City and are not allowed to be withdrawn without the City's written authorization. 3. The City, at it's option,may accept a bond from the Contractor in lieu of retainage. ' If the Contractor selects option 2 or 3 it is fully responsible for selecting the bank or association to be used, and for making all arrangements and paying all costs associated with that option. All arrangements and forms needed for option 2 or 3 shall be submitted to the City for review and approval. Release of the Retainage will be made 60 days following the Completion Date provided the conditions in Special Provisions Section 1-09.9(1), and applicable State Regulations, are met. SIGNED: � 1.2 PRINT NAME:-- /� Vi� —' /I COMPANY: f DATE: L/ � PREVAILING MINIMUM I � HOURLY WAGE RATES I � 1 1 � 1 1 1 1 1 1 I � Page 1 of 17 State of Washington Department of Labor & Industries iPrevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. - �---- W Journey ey Level Prevailing Wage Rates for the Effective Date: 7/3/2013 ,County Trade Job Classification Wa a Holiday Overtime Note =King Asbestos Abatement Workers Journey Level $40.83 5D 1 H ;King Boilermakers Journey Level, $62.34 5N 1C ,King Brick Mason Brick And Block Finisher $42.21 5A 1M ,King Brick Mason Journey Level $49.07 5A 1M ;King Brick Mason Pointer-Caulker-Cleaner $49.07 5A 1M ;King Building Service Employees Janitor $19.98 5S 2F ,King Building Service Employees Traveling Waxer/shampooer $20.39 5S 2F King Building Service Employees Window Cleaner (Scaffold) $24.52 5S 2F .King Building Service Employees Window Cleaner(non-scaffold) $23.66 5S 2F King Cabinet Makers (In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $49.57 5D 1M ' King Carpenters Bridge, Dock And Wharf $49.57 5D 1M Carpenters ;King Carpenters Carpenter $49.57 5D 1M ;King Carpenters Carpenters on Stationary Tools $49.70 5D 1M :King Carpenters Creosoted Material $49.67 5D 1M §King Carpenters Floor Finisher $49.57 5D 1M King Carpenters Floor Layer $49.57 5D 1 M ;King Carpenters Scaffold Erector $49.57 5D 1M King Cement Masons Journey Level $50.13 7A 1M King Divers Et Tenders Diver $100.28 5D 1M 8A 'King Divers Et Tenders Diver On Standby $56.68 5D 1M i ;King. Divers Et Tenders Diver Tender $52.23 5D 1M King Divers Et Tenders Surface Rcv 8t Rov Operator $52.23 5D 1M `King Divers Et Tenders Surface Rcv Et Rov Operator $48.67 5A 1B Tender King Dredge Workers Assistant Engineer $51.07 5D 3G King 12Ltd ge Workers lAssistant Mate(deckhand) $50.56 5D 3G ' htt s://fortress.wa. ov/lni/wa p g gelookup/prvWagelookup.aspx 07/03/2013 Page 2 of 17 King Dredge Workers Boatmen $51.071 5D 3G ' "King Dredge Workers Engineer Welder $51.12 5D 3G ;King Dredge Workers Leverman; Hydraulic $52.69 5D 3G ;King Dredge Workers Maintenance $50.81 5D 3G King Dredge Workers Mates $51.07 5D 3G EKing Dredge Workers Oiler $50.69 5D 3G King Drywall Applicator Journey Level $49.74 5D 1 H "King Drywall Tapers Journey Level $49.79 5P 1 E King Electrical Fixture Maintenance Journey Level $25.34 5L 1 E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W "King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians Inside Certified Welder (tunnel) $66.65 7C 2W `King Electricians - Inside Construction Stock Person $34.19 7C 2W ?King Electricians - Inside Journey Level $59.85 7C 2W FKing Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians Motor Shop Craftsman $15.37 1 ;King Electricians Motor Shop Journey Level $14.69 1 !King Electricians - Powerline Cable Splicer $64.95 5A 4A Construction King Electricians - Powerline Certified Line Welder $59.37 5A 4A Construction !King Electricians - Powerline Groundperson $42.16 5A 4A Construction "King Electricians - Powerline Head Groundperson $44.50 5A 4A Construction €King Electricians - Powerline Heavy Line Equipment $59.37 5A 4A Construction Operator 'King Electricians - Powerline Jackhammer Operator $44.50 5A 4A Construction ' King Electricians - Powerline Journey Level Lineperson $59.37 5A 4A Construction King Electricians - Powerline Line Equipment Operator $49.95 5A 4A . Construction ¢King Electricians - Powerline Pole Sprayer $59.37 5A 4A Construction King Electricians - Powerline Powderperson $44.50 5A 4A Construction ,King Electronic Technicians Journey Level $31.00 1 ;King Elevator Constructors Mechanic $77.70 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A £King Fabricated Precast Concrete All Classifications - In-Factory $14.60 5B 2K Products Work Only "King Fence Erectors Fence Erector $15.18 1 King Llag gers Journey Level $34.61 7A 2Y ' ;King Glaziers Journey Level $52.76 7L 1Y ' htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 07/03/2013 P g g Pp g P P Page 3 of 17 ' ';King Heat I* Frost Insulators And Journeyman $56.93 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $68.52 7F 1 E `King Hod Carriers Et Mason Tenders Journey Level $42.11 7A 2Y 'King Industrial Power Vacuum Journey Level $9.24 1 Cleaner ;King Inland Boatmen Boat Operator $52.32 5B 1K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $48.96 5B 1K ' ;King Inland Boatmen Deckhand Engineer $49.95 5B 1K ;King Inland Boatmen Launch Operator $51.161 5B 1K jKing Inland Boatmen Mate $51.16 5B 1K ' €King Inspection/Cleaning/Sealing Of Cleaner Operator, Foamer $31.49 1 Sewer If Water Systems By Operator Remote Control King Inspection/Cleaning/Sealing Of Grout Truck Operator $11.48 1 Sewer & Water Systems By t Remote Control ' King Inspection/Cleaning/Sealing Of Head Operator $24.91 1 s Sewer a Water Systems By a Remote Control ' °King Inspection/Cleaning/Sealing Of Technician $19.33 1 Sewer Et Water Systems By l Remote Control 'King Inspection-/Cleaning/Sealing Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control ' ;King Insulation Applicators Journey Level $49.57 5D 1M :King Ironworkers Journeyman $59.02 7N 10 King Laborers Air, Gas Or Electric Vibrating $40.83 7A 2Y Screed !King Laborers Airtrac Drill Operator $42.11 7A 2Y King Laborers Ballast Regular Machine $40.83 7A 2Y ' King . Laborers Batch Weighman $34.61 7A 2Y ;King Laborers Brick Pavers $40.83 7A 2Y =King Laborers Brush Cutter $40.83 7A 2Y 'King Laborers Brush Hog Feeder $40.83 7A 2Y ;King Laborers Burner $40.83 7A 2Y King Laborers Caisson Worker $42.11 7A 2Y King Laborers Carpenter Tender $40.83 7A 2Y ;King Laborers Caulker $40.83 7A 2Y King Laborers Cement Dumper-paving $41.59 7A 2Y King Laborers Cement Finisher Tender $40.83 7A 2Y King Laborers Change House Or Dry Shack $40.83 7A 2Y IKing Laborers Chipping Gun (under 30 Lbs.) $40.83 7A 2Y King Laborers Chipping Gun(30 Lbs. And $41.59 7A 2Y Over) htt s://fortress.wa. ov/lni/wa elooku / rvWa elooku .as x p g g p p g p p 07/03/2013 Page 4 of 17 ' King Laborers Choker Setter $40.83 7A 2Y King Laborers Chuck Tender $40.83 7A 2Y King Laborers Clary Power Spreader $41.59 7A 2Y ' King Laborers Clean-up Laborer $40.83 7A 2Y :King Laborers Concrete Dumper/chute $41.59 7A 2Y Operator King Laborers Concrete Form Stripper $40.83 7A 2Y ;King Laborers Concrete Placement Crew $41.59 7A 2Y King Laborers Concrete Saw Operator/core $41.59 7A 2Y Driller King Laborers Crusher Feeder $34.61 7A 2Y PKing Laborers Curing Laborer $40.83 7A 2Y <King Laborers Demolition: Wrecking Et Moving $40.83 7A 2Y (incl. Charred Material) ' :-King Laborers Ditch Digger $40.83 7A 2Y King Laborers Diver $42.11 7A 2Y 'King Laborers Drill Operator $41.59 7A 2Y (hydraulic,diamond) King Laborers Dry Stack Walls . $40.83 7A 2Y °King Laborers Dump Person $40.83 7A 2Y King Laborers Epoxy Technician $40.83 7A 2Y King Laborers Erosion Control Worker $40.83 7A 2Y !King Laborers Faller Et Bucker Chain Saw $41.591 7A 2Y 'King Laborers Fine Graders $40.83 7A 2Y #King Laborers Firewatch $34.61 7A 2Y ;King Laborers Form Setter $40.83 7A 2Y King Laborers Gabian Basket Builders $40.83 7A 2Y King Laborers General Laborer $40.83 7A 2Y ' King Laborers Grade Checker Et Transit $42.11 7A 2Y r Person King Laborers Grinders $40.83 7A 2Y ' !King Laborers Grout Machine Tender $40.83 7A 2Y €King Laborers Groutmen (pressure)including $41.59 7A 2Y Post Tension Beams :King Laborers Guardrail Erector $40.83 7A 2Y King Laborers Hazardous Waste Worker (level $42.11 7A 2Y King Laborers Hazardous Waste Worker (level $41.59 7A 2Y B) ' King Laborers Hazardous Waste Worker (level $40.83 7A 2Y C) King Laborers High Scaler $42.11 7A 2Y ' King Laborers Jackhammer $41.59 7A 2Y King Laborers Laserbeam Operator $41.59 7A 2Y King Laborers Maintenance Person $40.83 7A 2Y `King Laborers Manhole Builder-mudman $41.59 7A 2Y i https:H fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 5of17 ;King Laborers Material Yard Person $40.831 7A 2Y ' King Laborers Motorman-dinky Locomotive $41.59 7A 2Y 'King Laborers Nozzleman (concrete Pump, $41.59 7A 2Y Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla Nng Laborers Pavement Breaker $41.59 7A 2Y King Laborers Pilot Car $34.61 7A 2Y King Laborers Pipe Layer Lead $42.11 7A 2Y Nng Laborers Pipe Layer/tailor $41.59 7A 2Y :King Laborers Pipe Pot Tender $41.59 7A 2Y 1King Laborers Pipe Reliner $41.59 7A 2Y `King Laborers Pipe Wrapper $41.59 7A 2Y 'King Laborers Pot Tender $40.83 7A 2Y 'King Laborers Powderman $42.11 7A 2Y ;King Laborers Powderman's Helper $40.83 7A 2Y ,King Laborers Power Jacks $41.59 7A 2Y IKing Laborers Railroad Spike Puller - Power $41.59 7A 2Y ,King Laborers Raker - Asphalt $42.11 7A 2Y ;.King Laborers Re-timberman $42.11 7A 2Y jKing Laborers Remote Equipment Operator $41.59 7A 2Y ,King Laborers Rigger/signal Person $41.59 7A 2Y King Laborers Rip Rap Person $40.83 7A 2Y King Laborers Rivet Buster $41.59 7A 2Y King Laborers Rodder $41.59 7A 2Y I King Laborers Scaffold Erector $40.83 7A 2Y jKing Laborers Scale Person $40.83 7A 2Y King Laborers Sloper (over 20") $41.59 7A 2Y =King Laborers Sloper Sprayer $40.83 7A 2Y ' King Laborers Spreader (concrete) $41.59 7A 2Y King Laborers Stake Hopper $40.83 7A 2Y ;King Laborers Stock Piler $40.83 7A 2Y King Laborers Tamper 8t Similar Electric, Air $41.59 7A 2Y Et Gas Operated Tools ' King Laborers Tamper (multiple Et Self- $41.59 7A 2Y propelled) King Laborers Timber Person - Sewer (lagger, $41.59 7A 2Y 1 Shorer Et Cribber) King Laborers Toolroom Person (at Jobsite) $40.83 7A 2Y King Laborers Topper $40.83 7A 2Y 'King Laborers Track Laborer $40.83 7A 2Y ;King Laborers Track Liner (power) $41.59 7A 2Y ;King Laborers Traffic Control Laborer $37.01 7A 2Y 8R 'King Laborers Traffic Control Supervisor $37.01 7A 2Y 8R https:H fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 6of17 EKing Laborers Truck Spotter $40.83 7A 2Y King Laborers Tugger Operator $41.59 7A 2Y King Laborers Tunnel Work-Compressed Air $55.89 7A 2Y 8D Worker 0-30 psi King Laborers Tunnel Work-Compressed Air $60.92 7A 2Y 88Q Worker 30.01-44.00 psi ;King Laborers Tunnel Work-Compressed Air $64.60 7A 2Y 8g Worker 44:01--54.00-psi- `King Laborers Tunnel Work-Compressed Air $70.30 7A 2Y 8D Worker 54.01-60.00 psi King Laborers Tunnel Work-Compressed Air $72.42 7A 2Y 8DC Worker 60.01-64.00 psi ,King Laborers Tunnel Work-Compressed Air $77.52 7A 2Y 8D Worker 64.01-68.00 psi King Laborers Tunnel Work-Compressed Air $79.42 7A 2Y M Worker 68.01-70.00 psi !King Laborers Tunnel Work-Compressed Air $81.42 7A 1H 8 ' Worker 70.01-72.00 psi ,,King Laborers Tunnel Work-Compressed Air $83.42 7A 1H 8D Worker 72.01-74.00 psi King Laborers Tunnel Work-Guage and Lock $42.21 7A 2Y 8Q ' Tender King Laborers Tunnel Work-Miner $42.21 7A 2Y 88 "King Laborers Vibrator $41.59 7A 2Y =King Laborers Vinyl Seamer $40.83 7A 2Y King Laborers Watchman $31.46 7A 2Y l ,King Laborers Welder $41.59 7A 2Y King Laborers Well Point Laborer $41.59 7A 2Y King Laborers Window Washer/cleaner $31.46 7A 2Y =King Laborers - Underground Sewer General Laborer Et Topman $40.83 7A 2Y &t Water King Laborers - Underground Sewer Pipe Layer $41.59 7A 2Y Ft Water King Landscape Construction Irrigation Or Lawn Sprinkler $13.56 1 Installers ,King Landscape Construction Landscape Equipment $28.17 1 Operators Or Truck Drivers King Landscape Construction Landscaping or Planting $17.87 1 ' Laborers King Lathers Journey Level $49.74 5D 1H (King Marble Setters Journey Level $49.07 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $9.78 1 ^King Metal Fabrication (In Shop) Machine Operator $13.04 1 f ;King Metal Fabrication (In Shop) Painter $11.10 1 'King Metal Fabrication (In Shop) Welder $15.48 1 1 i >King Millwright Journey Level $50.67 5D 1M King IModular Buildings Cabinet Assembly $11.56 1 ' htt s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 07/03/2013 P g g PP g P P Page 7 of 17 gKing Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 €King Modular BUildinRS Production Worker $9.40 1 ,King Modular Buildings Tool Maintenance $11.56 1 &King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 'King Painters Journey Level $36.53 6Z 2B ,King Pile Driver Journey Level $49.82 5D 1M 'King Plasterers Journey Level $48.23 1R King Playground Et Park Equipment Journey Level $9.19 1 Installers King Plumbers Et Pipefitters Journey Level $71.69 6Z 1 G .King Power Equipment Operators Asphalt Plant.Operators $51.89 7A 3C 8P ,'King Power Equipment Operators Assistant Engineer $48.62 7A 3C 8P =King Power Equipment Operators Barrier Machine (zipper) $51.40 7A 3C 8P ,King Power Equipment Operators Batch Plant Operator, $51.40 7A 3C 8P t Concrete King Power Equipment Operators Bobcat $48.62 7A 3C 8P !King Power Equipment Operators Brokk - Remote Demolition $48.62 7A 3C 8P Equipment King Power Equipment Operators Brooms $48.62 7A 3C 8P ,King Power Equipment Operators Bump Cutter $51.401 7A 3C 8P 'King Power Equipment Operators Cableways $51.89 7A 3C 8P #King Power Equipment Operators Chipper $51.40 7A 3C 8P Nng Power Equipment Operators Compressor $48.62 7A 3C 8P 'King Power Equipment Operators Concrete Pump: Truck Mount $51.89 7A 3C 8P With Boom Attachment Over 42 M King Power Equipment Operators Concrete Finish Machine -laser $48.62 7A 3C 8P Screed King Power Equipment Operators Concrete Pump - Mounted Or $50.98 7A 3C 8P Trailer High Pressure Line Pump, Pump High Pressure. King Power Equipment Operators Concrete Pump: Truck Mount $51.40 7A 3C 8P With Boom Attachment Up To 42m King Power Equipment Operators Conveyors $50.98 7A 3C 8P f King Power Equipment Operators Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Tons With Attachments King Power Equipment Operators Cranes: 100 Tons Through 199 $52.44 7A 3C 8P s Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators Cranes: 200 Tons To 300 Tons, $53.01 7A 3C 8P g Or 250' Of Boom (including Jib With Attachments) r 9King Power Equipment Operators Cranes: 45 Tons Through 99 $51.89 7A 3C 8P htt s://fortress.wa. ov/lni/wa elooku / rvWa elooku .a x p g g p p g p sp 07/03/2013 Page 8of17 Tons, Under 150' Of Boom l (including Jib With Attachments) King Power Equipment Operators Cranes: A-frame - 10 Tons And $48.62 7A 3C 8P ' l Under King Power Equipment Operators Cranes: Friction 100 Tons $53.01 7A 3C 8P Through 199 Tons ;.King Power Equipment Operators Cranes: Friction Over 200 Tons $53.57 7A 3C 8P ,King Power Equipment Operators Cranes: Over 300 Tons Or 300' $53.57 7A 3C 8P =. Of Boom (including Jib With Attachments) =King Power Equipment Operators Cranes: Through 19 Tons With $50.98 7A 3C 8P l Attachments A-frame Over 10 Tons ;King Power Equipment Operators Crusher $51.40 7A 3C 8P King Power Equipment Operators Deck Engineer/deck Winches $51.40 7A 3C 8P (power) jKing Power Equipment Operators Derricks, On Building Work $51.89 7A 3C 8P !King Power Equipment Operators Dozers D-9 Et Under $50.98 7A 3C 8P ( ,King Power Equipment Operators Drill Oilers: Auger Type, Truck $50.98 7A 3C 8P Or Crane Mount lKing Power Equipment Operators Drilling Machine $51.40 7A 3C 8P lKing Power Equipment Operators Elevator And Man-lift: $48.62 7A 3C 8P g Permanent And Shaft Type . g ,King Power Equipment Operators Finishing Machine, Bidwell And $51.40 7A 3C 8P Gamaco Et Similar Equipment King Power Equipment Operators Forklift: 3000 Lbs And Over $50.98 7A 3C 8P ? With Attachments !King Power Equipment Operators Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Attachments King Power Equipment Operators Grade Engineer: Using Blue $51.40 7A 3C 8P Prints, Cut Sheets, Etc E :King Power Equipment Operators Gradechecker/stakeman $48.62 7A 3C 8P ?King Power Equipment Operators Guardrail Punch $51.40 7A 3C 8P `King Power Equipment Operators Hard Tail End Dump $51.89 7A 3C 8P Articulating Off- Road Equipment 45 Yards. Et Over ?King Power Equipment Operators Hard Tail End Dump $51.40 7A 3C 8P Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators Horizontal/directional Drill $50.98 7A 3C 8P Locator ;King Power Equipment Operators Horizontal/directional Drill $51.40 7A 3C 8P Operator King Power Equipment Operators Hydralifts/boom Trucks Over $50.98 7A 3C 8P 10 Tons King Power Equipment Operators Hydra lifts/boom.Trucks, 10 $48.62 7A 3C 8P g Tons And Under i King Power Equipment Operators Loader, Overhead 8 Yards. 8 $52.44 7A 3C 8P Over https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 9of17 King Power Equipment Operators Loader, Overhead, 6 Yards. But $51.89 7A 3C 8P Not Including 8 Yards ;King Power Equipment Operators Loaders, Overhead Under 6 $51.40 7A 3C 8P Y Yards .King Power Equipment Operators Loaders, Plant Feed $51.40 7A 3C 8P !King Power Equipment Operators Loaders: Elevating Type Belt $50.98 7A 3C 8P 'King Power Equipment Operators Locomotives, All $51.40 7A 3C 8P ';King Power-Equipment Operators Material Transfer Device $51.40 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $52.44 7A 3C 8P $0.50 Per Hour Over Mechanic) :King Power Equipment Operators Mixers: Asphalt Plant $51.40 7A 3C 8P King Power Equipment Operators Motor Patrol Grader - Non- $50.98 7A 3C 8P finishing King . Power Equipment Operators Motor Patrol Graders, Finishing $51.89 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P ( Drill, Boring, Road Header And/or Shield King Power Equipment Operators Oil Distributors, Blower $48.62 7A 3C 8P Distribution It Mulch Seeding Operator King Power Equipment Operators Outside Hoists (elevators And $50.98 7A 3C 8P Manlifts), Air Tuggers,strato `King Power Equipment Operators Overhead, Bridge Type Crane: $51.40 7A 3C 8P 20 Tons Through 44 Tons L =King Power Equipment Operators Overhead, Bridge Type: 100 $52.44 7A 3C 8P Tons And Over xKing Power Equipment Operators Overhead, Bridge Type: 45 $51.89 7A 3C 8P Tons Through 99 Tons King Power Equipment Operators Pavement Breaker $48.62 7A 3C 8P ',King Power Equipment Operators Pile Driver (other Than Crane $51.40 7A 3C 8P LMount) ;King Power Equipment Operators Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P ' =King Power Equipment Operators Posthole Digger, Mechanical $48.62 7A 3C 8P <King Power Equipment Operators Power Plant $48.62 7A 3C 8P EKing Power Equipment Operators Pumps - Water $48.62 7A 3C 8P gKing Power Equipment Operators Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P King Power. Equipment Operators Quick Tower - No Cab, Under $48.62 7A 3C 8P 100 Feet In Height Based To Boom King Power Equipment Operators Remote Control Operator On $51.89 7A 3C 8P Rubber Tired Earth Moving Equipment =Kin g Equipment Power Operators Rigger And Bellman $48.62 7A 3C 8P King Power Equipment Operators Rollagon $51.89 7A 3C 8P `King Power Equipment Operators Roller, Other Than Plant Mix $48.62 7A 3C 8P -King Power Equipment Operators Roller, Plant Mix Or Multi-lift $50.98 7A 3C 8P Materials 'King Power Equipment Operators Roto-mill, Roto-grinder $51.40 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 10 of 17 King Power Equipment Operators Saws Concrete $50.98 7A 3C 8P ;King Power Equipment Operators Scraper, Self Propelled Under $51.40 7A 3C 8P 45 Yards 'King Power Equipment Operators Scrapers - Concrete Et Carry All $50.98 7A 3C 8P King Power Equipment Operators Scrapers, Self-propelled: 45 $51.89 7A 3C 8P Yards And Over King Power Equipment Operators Service Engineers - Equipment $50.98 7A 3C 8P .King Power Equipment Operators Shotcrete/gunite Equipment $48.62 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, $50.98 7A 3C 8P Tractors Under 15 Metric Tons. ',King Power Equipment Operators Shovel, Excavator, Backhoe: $51.89 7A 3C 8P Over 30 Metric Tons To 50 } Metric Tons King . Power Equipment Operators Shovel, Excavator, Backhoes, $51.40 7A 3C 8P Tractors: 15 To 30 Metric Tons 'King Power Equipment Operators Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Over 50 Metric Tons To 90 Metric Tons King Power E ui ment Operators Shovel, Excavator, Backhoes: $53.01 7A 3C 8P fr Over 90 Metric Tons lKing Power Equipment Operators Slipform Pavers $51.89 7A 3C 8P !King Power Equipment Operators Spreader, Topsider Et $51.89 7A 3C 8P l Screedman King Power Equipment Operators Subgrader Trimmer $51.40 7A 3C 8P LKing Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P King Power Equipment Operators Tower Crane Over 175'in $53.01 7A 3C 8P x Height, Base To Boom =King Power Equipment Operators Tower Crane Up To 175' In $52.44 7A 3C 8P Height Base To Boom lKing Power Equipment Operators Transporters, All Track Or $51.89 7A 3C 8P ITruck Type King Power Equipment Operators Trenching Machines $50.98 7A 3C 8P King Power Equipment Operators Truck Crane Oiler/driver - 100 $51.40 7A 3C 8P f Tons And Over King Power Equipment Operators Truck Crane Oiler/driver Under $50.98 7A 3C 8P 100 Tons King Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C 8P King Power Equipment Operators Welder $51.89 7A 3C 813 King Power Equipment Operators Wheel Tractors, Farman Type $48.62 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $51.40 7A 3C 8P :King Power Equipment Operators- Asphalt Plant Operators $51.89 7A 3C 8P Underground Sewer Et Water <King- Power Equipment Operators- Assistant Engineer $48.62 7A 3C 8P Underground Sewer 8t Water !King Power Equipment Operators- Barrier Machine (zipper) $51.40 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Batch Plant Operator, $51.40 7A 3C 8P Underground Sewer Et Water Concrete https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 11 of 17 King Power Equipment Operators- Bobcat $48.62 7A 3C 8P Underground Sewer Et Water ,`King Power Equipment Operators- Brokk - Remote Demolition $48.62 7A 3C 8P Underground Sewer Et Water Equipment tKing Power Equipment Operators Brooms $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $51.40 7A 3C 8P t Underground Sewer Et Water 'King Power Equipment Operators- Cableways $51.89 7A 3C 8P Underground Sewer Et Water ,King Power Equipment Operators- Chipper $51.40 7A 3C 8P Underground Sewer Et Water pKing Power Equipment Operators- Compressor $48.62 7A 3C 8P j Underground Sewer Et Water ,King Power Equipment Operators- Concrete Pump: Truck Mount $51.89 7A 3C 8P Underground Sewer Et Water With Boom Attachment Over 42 M 'King Power Equipment Operators- Concrete Finish Machine -laser $48.62 7A 3C 8P Underground Sewer Et Water Screed ( King .Power Equipment Operators- Concrete Pump - Mounted Or $50.98 7A 3C 8P Underground Sewer Et Water Trailer High Pressure Line Pump, Pump High Pressure. I King Power Equipment Operators- Concrete Pump: Truck Mount $51.40 7A 3C 8P Underground Sewer Et Water With Boom Attachment Up To 42m King Power Equipment Operators- Conveyors $50.98 7A 3C 8P Underground Sewer Et Water ?King Power Equipment Operators- Cranes: 20 Tons Through 44 $51.40 7A 3C 8P Underground Sewer Et Water Tons With Attachments #King Power Equipment Operators- Cranes: 100 Tons Through 199 $52.44 7A 3C 8P Underground Sewer Et Water Tons, Or 150' Of Boom (Including Jib With Attachments) King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, $53.01 7A 3C 8P p Underground Sewer Et Water Or 250' Of Boom (including Jib With Attachments) King Power Equipment Operators- Cranes: 45 Tons Through 99 $51.89 7A 3C 8P Underground Sewer Et Water Tons, Under 150' Of Boom (including Jib With Attachments) 'King Power Equipment Operators- Cranes: A-frame - 10 Tons And $48.62 7A 3C 8P Underground,Sewer Et Water Under :King Power Equipment Operators- Cranes: Friction 100 Tons $53.01 7A 3C 8P Underground Sewer Et Water Through 199 Tons f tKing Power Equipment Operators- Cranes: Friction Over 200 Tons $53.57 7A 3C 8P Underground Sewer Et Water yKing Power Equipment Operators- Cranes: Over 300 Tons Or 300' $53.57 7A 3C 8P t Underground Sewer Et Water Of Boom (including Jib With Attachments) ,King Power Equipment Operators- Cranes: Through 19 Tons With $50.98 7A 3C 8P Underground Sewer Et Water Attachments A-frame Over 10 I ht s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x 07/03/2013 tP g g PP g P P Page 12 of 17 ITons King Power Equipment Operators- Crusher $51.40 7A 3C 8P Underground Sewer Et Water ,King Power Equipment Operators- Deck Engineer/deck Winches $51.40 7A 3C 8P Underground Sewer Et Water (power) King Power Equipment Operators- Derricks, On Building Work $51.89 7A 3C 8P Underground Sewer E: Water <King- Power Equipment Operators- Dozers,D-9 Et Under $50.98 7A 3C 8P Underground Sewer Et Water 1 ;King Power Equipment Operators- Drill Oilers: Auger Type, Truck $50.98 7A 3C 8P Underground Sewer Et Water Or Crane Mount :King Power Equipment Operators- Drilling Machine $51.40 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Elevator And Man-lift: $48.62 7A 3C 8P Underground Sewer Et Water Permanent And Shaft Type 'King Power Equipment Operators- Finishing Machine, Bidwell And $51.40 7A 3C 8P Underground Sewer Et Water Gamaco Et Similar Equipment King Power Equipment Operators- Forklift: 3000 Lbs And Over $50.98 7A 3C 8P Underground Sewer Et Water With Attachments "King Power Equipment Operators- Forklifts: Under 3000 Lbs. With $48.62 7A 3C 8P Underground Sewer Et Water Attachments yKing Power Equipment Operators- Grade Engineer: Using Blue $51.40 7A 3C 8P Underground Sewer Et Water Prints, Cut Sheets, Etc King Power Equipment Operators- Gradechecker/stakeman $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $51.40 7A 3C 8P Underground Sewer E: Water King Power Equipment Operators- Hard Tail End Dump $51.89 7A 3C 8P Underground Sewer Et Water Articulating Off- Road Equipment 45 Yards. Et Over {King Power Equipment Operators- Hard Tail End Dump $51.40 7A 3C 8P t Underground Sewer Et Water Articulating Off-road Equipment Under 45 Yards King Power Equipment Operators- Horizontal/directional Drill $50.98 7A 3C 8P Underground Sewer Et Water Locator 'King Power Equipment Operators- Horizontal/directional Drill $51.40 7A 3C 8P s Underground Sewer Et Water Operator I ,King Power Equipment Operators- Hydralifts/boom Trucks Over $50.98 7A 3C 8P Underground Sewer Et Water 10 Tons King Power Equipment Operators- Hydralifts/boom Trucks, 10 $48.62 7A 3C 8P Underground Sewer Et Water Tons And Under King Power Equipment Operators- Loader; Overhead 8 Yards. Et $52.44 7A 3C 8P Underground Sewer E_ Water Over i -King Power Equipment Operators- Loader, Overhead, 6 Yards. But $51.89 7A 3C 8P Underground Sewer Et Water Not Including 8 Yards King Power Equipment Operators Loaders, Overhead Under 6 $51.40 7A 3C 8P t Underground Sewer Et Water Yards 'King Power Equipment Operators- Loaders, Plant Feed $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $50.98 7A 3C 8P htt s:Hfortress.wa. ov/lni/wa elooku / rvW p g g p p agelookup.aspx 07/03/2013 Page 13 of 17 Underground Sewer Et Water ;King Power Equipment Operators- Locomotives, All $51.40 7A 3C 8P Underground Sewer Et Water ,King Power Equipment Operators- Material Transfer Device $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $52.44 7A 3C 8P Underground Sewer Et Water $0.50 Per Hour Over Mechanic) -King Power Equipment-Operators- Mixers: Asphalt Plant $51.40 7A 3C 8P Underground Sewer Et Water I yKing Power Equipment Operators- Motor Patrol Grader - Non- $50.98 7A 3C 8P Underground Sewer Et Water finishing P !King Power Equipment Operators- Motor Patrol Graders, Finishing $51.89 7A 3C 8P Underground Sewer Et Water lKing Power Equipment Operators- Mucking Machine, Mole, Tunnel $51.89 7A 3C 8P Underground Sewer Et Water Drill, Boring, Road Header And/or Shield ;King Power Equipment Operators Oil Distributors, Blower $48.62 7A 3C 8P t Underground Sewer it Water Distribution Et Mulch Seeding Operator =King Power Equipment Operators- Outside Hoists (elevators And $50.98 7A 3C 8P Underground Sewer Et Water Manlifts), Air Tuggers,strato King Power Equipment Operators- Overhead, Bridge Type Crane: $51.40 7A 3C 8P Underground Sewer Et Water 20 Tons Through 44 Tons King Power Equipment Operators- Overhead, Bridge Type: 100 $52.44 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Overhead, Bridge Type: 45 $51.89 7A 3C 8P Underground Sewer Et Water Tons Through 99 Tons King Power Equipment Operators- Pavement Breaker $48.62 7A 3C 8P Underground Sewer Et Water -King Power Equipment Operators- Pile Driver (other Than Crane $51.40 7A 3C 8P Underground Sewer Et Water Mount) `King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $48.62 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $48.62 7A 3C 8P Underground Sewer Et Water jKing Power Equipment Operators- Pumps - Water $48.62 7A 3C 8P Underground Sewer Et Water "King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $51.89 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Quick Tower - No Cab, Under $48.62 7A 3C 8P Underground Sewer Et Water 100 Feet In Height Based To Boom King Power Equipment Operators- Remote Control Operator On $51.89 7A 3C 8P Underground Sewer £t Water Rubber Tired Earth Moving Equipment =King Power Equipment Operators- Rigger And Bellman $48.62 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Rollagon $51.89 7A 3C 8P https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Page 14 of 17 Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $48.62 7A 3C 8P Underground Sewer Et Water =King Power Equipment Operators- Roller, Plant Mix Or Multi-lift $50.98 7A 3C 8P Underground Sewer 8t Water Materials King Power Equipment Operators- Roto-mill, Roto-grinder $51.40 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- -Saws - Concrete- $50.98 7A 3C 8P Underground Sewer Et Water §King Power Equipment Operators Scraper, Self Propelled Under $51.40 7A 3C 8P Underground Sewer Et Water 45 Yards i King Power Equipment Operators- Scrapers - Concrete Et Carry All $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self-propelled: 45 $51.89 7A 3C 8P Underground Sewer Et Water Yards And Over ;King Power Equipment Operators- Service Engineers - Equipment $50.98 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Shotcrete/gunite Equipment $48.62 7A 3C 8P Underground Sewer Et Water !King Power Equipment Operators- Shovel , Excavator, Backhoe, $50.98 7A 3C 8P Underground Sewer Et Water Tractors Under 15 Metric Tons. Nng Power Equipment Operators- Shovel, Excavator, Backhoe: $51.89 7A 3C 8P s Underground Sewer Et Water Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators- Shovel, Excavator,. Backhoes, $51.40 7A 3C 8P Underground Sewer Et Water Tractors: 15 To 30 Metric Tons :King Power Equipment Operators- Shovel, Excavator, Backhoes: $52.44 7A 3C 8P Underground Sewer Et Water Over 50 Metric Tons To 90 Metric Tons £,King Power Equipment Operators- Shovel, Excavator, Backhoes: $53.01 7A 3C 8P z Underground Sewer Et Water Over 90 Metric Tons jKing Power Equipment Operators- Slipform Pavers $51.89 7A 3C 8P Underground Sewer Et Water `King Power Equipment Operators- Spreader, Topsider Et $51.89 7A 3C 8P Underground Sewer Et Water Screedman King Power Equipment Operators- Subgrader Trimmer $51.40 7A 3C 8P Underground Sewer Et Water jKing Power Equipment Operators Tower Bucket Elevators $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Over 175'in $53.01 7A 3C 8P Underground Sewer Et Water Height, Base To Boom King Power Equipment Operators- Tower Crane Up To 175' In $52.44 7A 3C 8P Underground Sewer Et Water Height Base To Boom iKing Power Equipment Operators- Transporters, All Track Or $51.89 7A 3C 8P Underground Sewer Et Water Truck Type King Power Equipment Operators- Trenching Machines $50.98 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler/driver - 100 $51.40 7A 3C 8P Underground Sewer Et Water Tons And Over King Power Equipment Operators- Truck Crane Oiler/driver Under $50.98 7A 3C 8P L ht s:Hfortress.wa. ov/lni/w tp g agelookup/prvWagelookup.aspx 07/03/2013 Page 15 of 17 Underground Sewer Et Water 100 Tons ;King Power Equipment Operators Truck Mount Portable Conveyor $51.40 7A 3C 8P Underground Sewer Et Water 'King Power Equipment Operators- Welder $51.89 7A 3C 8P F Underground Sewer Et Water ,King Power Equipment Operators- Wheel Tractors, Farman Type $48.62 7A 3C 8P Underground Sewer Et Water aKing Power Equipment Operators- Yo Yo Pay Dozer $51.40 7A 3C 8P Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $42.91 5A 4A Trimmers King Power Line Clearance Tree Spray Person $40.73 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $41.29 5A 4A i Trimmers /King Power Line Clearance Tree Tree Trimmer $38.38 5A 4A Trimmers 'King Power Line Clearance Tree Tree Trimmer Groundperson $28.95 5A 4A Trimmers King Refrigeration Et Air Journey Level $70.46 6Z 1 G Conditioning Mechanics I King Residential Brick Mason Journey Level $49.07 5A 1M King Residential Carpenters Journey Level $28.20 1 /King Residential Cement Masons Journey Level $22.64 1 `King Residential Drywall Applicators Journey Level $38.60 5D 1M :King Residential Drywall Tapers Journey Level $49.79 5P 1 E ;King Residential Electricians JOURNEY LEVEL $30.44 1 King Residential Glaziers Journey Level $35.10 7L 1 H King Residential Insulation Journey Level $26.28 1 Applicators ;King Residential Laborers Journey Level $23.03 1 /King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Journey Level $34.69 1 Pipefitters King Residential Refrigeration Et Air Journey Level $70.46 6Z 1 G Conditioning Mechanics {King Residential Sheet Metal Journey Level (Field or Shop) $41.30 7F 1 R Workers King Residential Soft Floor Lavers Journey Level $41.78 5A 3D 'King Residential Sprinkler Fitters Journey Level $40.81 5C 2R (Fire Protection) }King Residential Stone Masons Journey Level $49.07 5A 1M King Residential Terrazzo Workers Journey Level $45.43 5A 1M i King Residential Terrazzo/Tile Journey Level $21.46 1 Finishers ;King Residential Tile Setters Journey Level $25.17 1 'King Roofers Journey Level $43.90 5A 1 R https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx . 07/03/2013 Page 16 of 17 ,King Roofers Using Irritable Bituminous $46.90 5A 1R Materials ;King Sheet Metal Workers Journey Level (Field or Shop) $68.52 7F 1E King Shipbuilding Et Ship Repair Boilermaker $39.66 7M 1 H King Shipbuilding $ Ship Repair Carpenter $38.24 70 3B King Shipbuilding Et-Ship-Repair Electrician $37.82 70 3B -King Shipbuilding Et Ship Repair Heat Et Frost Insulator $56.93 _5J 15_ :King Shipbuilding Et Ship Repair Laborer $36.78 70 3B ,King Shipbuilding Et Ship Repair Machinist $37.81 70 3B j `King Shipbuilding 8 Ship Repair Operator $40.15 70 3B ,.King Shipbuilding Et Ship Repair Painter $37.81 70 3B ,King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.76 70 3B =King Shipbuilding Et Ship Repair Sandblaster $36.78 70 3B =King Shipbuilding Et Ship Repair Sheet Metal $37.74 70 3B ,King Shipbuilding Et Ship Repair Shipfitter $37.76 70 3B 'King Shipbuilding Et Ship Repair Trucker $37.61 70 3B 'King Shipbuilding Et Ship Repair Warehouse $37.65 70 3B 'King Shipbuilding Et Ship Repair Welder/Burner $37.76 70 3B 'King Sign Makers Et Installers Sign Installer $22.92 1 s (Electrical) tKing Sign Makers Et Installers Sign Maker $21.36 1 (Electrical) King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) =King Sign Makers Et Installers (Non Sign Maker $33.25 1 Electrical) 'King Soft Floor Lavers Journey Level $41.78 5A 3D =King Solar Controls For Windows Journey Level $12.44 1 jKing Sprinkler Fitters (Fire Journey Level $69.59 5C 1X Protection) . King Stage Rigging Mechanics (Non Journey Level $13.23 1 l Structural) King Stone Masons Journey Level $49.071 5A 1M ,King Street And Parking Lot Journey Level $19.09 1 Sweeper.Workers ,King Surveyors Assistant Construction Site $50.98 7A 3C 8P Surveyor King Surveyors Chainman $50.46 7A 3C 8P °King Surveyors Construction Site Surveyor $51.89 7A 3C 8P t ;King Telecommunication Journey Level $22.76 1 Technicians )King Telephone Line Construction - Cable Splicer $35.09 5A 2B Outside 'King Telephone Line Construction - Hole Digger/Ground Person $19.22 5A 2B Outside °King Telephone Line Construction - Installer (Repairer) $33.63 5A 2B ht s:Hfortress.wa. ov/lni/wa elooku / rvWa elooku .as x � g g p p g p p 07/03/2013 Page 17 of 17 i Outside King Telephone Line Construction - Special Aparatus Installer 1 $35.09 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer If $34.37 5A 2B Outside gKing Telephone Line Construction - Telephone Equipment Operator $35.09 5A 2B Outside (Heavy) £King Telephone Line Construction - Telephone Equipment Operator $32.62 5A 2B- Outside (Light) King Telephone Line Construction - Telephone Lineperson $32.62 5A 2B Outside "King Telephone Line Construction - Television Groundperson $18.65 5A 2B Outside gKing Telephone Line Construction - Television Lineperson/Installer $24.66 5A 2B F Outside `King Telephone Line Construction - Television System Technician $29.42 5A 2B Outside King Telephone Line Construction - Television Technician $26.43 5A 2B Outside ( {King Telephone Line Construction - Tree Trimmer $32.95 5A 2B i Outside King Terrazzo Workers Journey Level $45.43 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble Et Terrazzo Finisher $37.76 5A 1 B g Finishers Traffic Control Stripers Journey Level $41.53 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. $47.91 5D 3A 8L WA-Joint Council 28) gKing Truck Drivers Asphalt Mix To 16 Yards (W. $47.07 5D 3A 8L WA-Joint Council 28) ;King Truck Drivers Dump Truck Et Trailer $47.91 5D 3A 8L 'King Truck Drivers Dump Truck (W. WA-Joint $47.07 5D 3A 8L Council 28) ;King Truck Drivers • Other Trucks (W. WA-Joint $47.91 5D 3A 8L Council 28) King Truck Drivers Transit Mixer $43.23 1 `King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers Et Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 Installers https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 07/03/2013 Department of Labor and Industries 4E sTArQ O Prevailing Wage o� e STATEMENT OF INTENT TO (360)902-5335 — www'llil wa HOy/Trades Liceiisin•r/Pi-e4 Wage � �8 oy PAY PREVAILING WAGES: 1 90 f_ 9y'L b • This form must be typed or printed in ink. Public Works Contract • Fill in all blanks or the form Will be returned for correction(see instructions) $40.00 Filing Fee Required •Please allow a minimum of 10 working days for processing. •Once approved,your form will be posted online at Intent ID#(Assigned by L&I) httu ://fortress wu o4•/hn/n�itauub/SearchFot nso YOitr.ContlianJItt[of-niation '[:: ?:: :- ,Ai'nidriigAgency'Infoi•matIon Your Company Name Project Name w Contract Number - ABC Company,Inc. Road Repair ji ,^a,s, 2011-0 113 Your Address Awarding Agency 1234 Main Street WA State Department of Transportation M City State Zip+4 Awarding Agency Addressy�' n p aA €„ Olympia WA 98501-1234 PO Box 47354 wi13 Your Contractor Registration Number Your UBI Number City h�„ State Zip+4 ABCCI*0123AA 123456789 Olympia } - a't yWA 98501 ti Your industrial Insurance Account Number Awarding Agency Contact Name I Pone N µnber John D29 5S555-5555 Your Email Address(required for nolificatimr of approvaQ Your Phone Number County'Where W,,rk3Will Be Performed ' city Where Work Will Be Performed prevailingwage@lni.wa.gov (555)555-5555 Thurston ' r yam, Olympia \ Addltional,D.etalls tt ContractDetntls Your Expected Job Start Date(mrn/dd/yyyy) 'r Bid Due pate(Pt ime Cmitracior s) I.` Awa[d Date(Prime Contractor's) 01/01/2011 tl,t:9/0 1/2 010 n`' } • 08/10/2010 Job Site Address/Directions \„" 'P Indicate Total Dollar Amount of-Your Contract(including ' _ Slate Street Q Plum Street rx sa1�s fax)or time and materials tfapplicable. $1000,00 AItRAFtnids Weathertzatto nds '^ Does this project utilize American Recovery and Reinvestment Act(ARRA)funds? .Does this proJeot_utilize any weatherization or energy efficiency upgrade funds _ ❑Yes ". .g No Prime Conn=actor's ConijiAuy.LifoFinahon i' 'r "IHtrin ConUactor'sConi'an Iuftirinatlon -" No 47 ARRA or otherwise)? ❑Yes Prime Contractor's Company Name Pnme Coufractois Intent Number Htring Ggntrac[or's Company Name XYZ Company,Inc. 123456 _'r'j" -Im SupPavers,Inc. Prime Contractor's Registration Number Prime Contractor's UBI- umber Hiring Contractor's Contractor Registration Number Hiring Contractor's UBI Number XYZIN*0123AA 987654321 w rl SUPERPA123AA 321456987 Do you intend to use ANY subcontractors? ❑Yes s' OAo Will employees perform work on this project? ®Yes El No Will ALL work be subcontracted? SFr ❑;,Yes ®No Do you intend to use apprentice employees? ®Yes ❑No Number of Owner/Operators who own at least 30/o_ofthe company 4Vho will perform work on the project: ❑None(0) ®One(1) E3 Two(2) ❑Three(3) Crafts/Trades/Occupations 2—`?(Do not list apprefi Ices. They are listed on the Affidavit of Wages Paid only.) Rate of Hourly I Number of Rate of Hourly F an employee 'xorks in more than one trade,enstE< that all hours worked in each trade are reported below. Workers Pa Usual("Fringe") For additional ciufts/trades/occupations„please use Addendum A. y Benefits Laborer Asphalt Raker.-` rj 2 39.28 5.00 Power Equipment Operator-Asphalt PI Operator 1 48.04 2.35 } ,.s - _ Truck Driver-Asphalt Mix(over oiY S) 1 46.47 0.00 Si riature:Block - I hereby certify that I have read and understand the instnictions to complete this form and that the information,including any addenda,are correct and that all workers I employ on this Public Works Project will be aid no less than the PrevailinE Wage Rates as determined by the Industrial Statistician of the Department of Labor and Industries. .Print Name: Print Tltic S Date: r nature• For L&I Usc'Onl Approved by signature of the Department of Labor and Industries Industrial Statistician + NOTICE: If lire prime contract Is at a cost of over one million dollars($1,000,000.00),RCW 39.04.370 requires you to complete the EBB 2805(RCN 39.04.370)Addendum and attach it [o your Affidavit of Wages of Paid when your work on the project concludes.This is only a notice.The EHB 2805 Addendum is not submitted with this intent. SAMPLE-F700-029-000 Statement of Intent to Pay Prevailing Wages 03-2011 t G i Department of Labor and Industries �aTATgo� Prevailing Wage Program o¢ AFFIDAVIT OF WAGES PAID (360)902-5335 Public Works Contract i www.Ini.wa.gov/,rradcsLicensiri,/le 'revWage o _ � $40.00 Filing Fee Required I889�� • This form must be typed or printed in ink. Affidavit ID#(Assigned by L&I)• i • Fill in ALL blanks or the form will be returned for correction(see instructions). •Please allow a minimum of 10 working days for processing. •Once approved,your form will be posted online at SAMPLE j 7lotir.Com anvSInformat[on P•'. AWerdin 16r;c`"ilnformation' ! t/uwia ub/SearchFor aso r i Your Company Name Project Name Contact Number ; ABC Company Road Repair 123-456 ! Your Address - Awarding Agency 1234 Main Street WA St Department of Transportation. City State Zip+4 Awarding Agency Address, Olympia WA 98501-1234 PO Box 123 Your Contractor Registration Number Your UBI Number City State Zip+4 ABCCI*0123AA 123456789 Olympia WA 98501 Your Industrial Insurance Account Number Awarding-Agency Contact Name Phone Number 111,111-11 John Doe (555. 555-5555 Your Email Address(required for notification ofapproval) Your Phone Number County Where Work Was Performed City Where Work Was Performed pi-evailingwage@lni.wa.gov (555)555-5555 Thurston Olympia AddiNmral'Detalls- ContracGD eta lls Your Job Start Date(mm/dd/yyyy) Your Date Work Completed(mm/dd/yyyy) Bid Due Date(Prime Contractor's) Award Date(Prime Contractor's) 2/l/26 i i 3/l/2011 1/1/2011 1/5/2011 Job Site Address/Directions Your Approved Intent.1)# Indicate Total Dollar Amount of Your Contract Plum and State Street 123456 (mcludingsalestax). $10,000.00 EHB 2805(RCW 39.04.370)—Is the Prime Contractor's ❑yes Z No If you answered"Yes'to the EHB 2805 question and the Award Date is 9/1/2010 or Contact at a cost of over one million dollars $1,000,000 7 - later ou.mustcom fete and submit the EHB 2805 CW 39.04.370 Addendum. ARR'AFrinds. '. Weatlic�izationokEner Ef/ictentFmr�ds': Does this project utilize American Recovery and Reinvesmrent Act(ARRA)funds? Does this project utilize any weathenzahon or energy efficiency upgrade funds ❑Yes Z No (ARRA or otherwise)? ❑Yes ®No Prime Contractor's Com aav-Informahun - =r. '..Hlrin iContractoisi"& an�Irifocmatlon' " Prime Contractor's Company Name 'Hiring Contractor's Company Name XYZ Company CBA Company Prime Contractor's Registration Number Prime Contractor's UBI Number Hiring Contractor's Registration Number Hiring Contractor's UBI Number XYZCI*0123AA 987654321': CBACI*0123AA 456789123 Erin IuirieritInformatlon,;�.' "' Did you use ANY subcontractors? ❑Yes(Addendum B Rea aIredl Z No Did employees perform work on this project? Z Yes ❑No Was ALL work subcontracted? ❑Yes(Addendum B Required) Z.No Did you use apprentice employees? ❑Yes Z.No Number of ONNmer/Operators who own at least 30%of the company who performed work on this project: ❑None(0) Z One(1) ❑Two(2) ❑ Three(3) You must list the First and Last Names of any Owner/O erator rerfonmr, work below i. List your Crafts/Trades/Occupations Below-For Journey Level Workers you must Number of Total#of Hours Rate of Hourly Rate of Hourly provide all of the information below. Oomer/Operators-must provide their First and Last Workers Worked Pay Usual("Fringe") name no other information required. "Apprentices are not recorded below.You must Benefits use Addendum D to list A renfices. - General Labor 2 153 41.23 8.54 Carpenter 5 210 52.26 10.13 11 1 hereby certi fy that I have read and understand the instructions to complete this form and that the information on the forth and any addenda is correct and that all workers I employed on this Public Works Project were paid no less than the Prevailing Wa a Rates)as determined by the Industrial Statistician of the Department of Labor and Industries. Print Name:Jane Doe Print Title Bookkee er Signature: Date:3/5/2011 For'L&LUse`Onl i APPROVED: Department of Labor and Industries By Industrial Statistician SAMPLE-F700-007-000 Affidavit of Wages Paid 3-2011 1 1 1 1 4 1 � SPECIAL PROVISIONS i 1 1 1 1 1 1 1 1 � ' � . � I � '� � i it � � SPECIALPROVISIONS.......................................................................................................................5 1-01 DEFINITIONS AND TERMS......................................................................................................5 1-01.1 General................................................................................................................................5 1-01.3 Definitions..........................................................................................................................5 1-02 BID PROCEDURES AND CONDITIONS....................................................................................7 1-02.1 Prequalification of bidders................................................................................................7 1-02.2 Plans and Specifications.....................................................................................................7 1-02.5 Proposal Forms...................................................................................................................7 1-02.6 Preparation of Proposal.....................................................................................................8 �. 1-02.6(1) Proprietary Information ...8 ............................................................................................. 1-02.7 Bid Deposit.........................................................................................................................8 1-02.9 Delivery of Proposal...........................................................................................................9 1-02.12 Public Opening of Proposals..........................................................................................:.9 1-02.13 Irregular Proposals...........................................................................................................9 1-02.14 Disqualification of Bidders...............................................................................................9 t1-02.15 Pre Award Information.................................................................................................. 10 1-03 AWARD AND EXECUTION OF CONTRACT........................................................................... 10 1-03.1 Consideration of bids....................................................................................................... 10 1-03.2 Award of Contract............................................................................................................ 10 1-03.3 Execution of Contract....................................................................................................... 10 1-03.4 Contract Bond ...................................................................................................................11 1-03.7 Judicial Review..................................................................................................................11 1-04 SCOPE OF WORK..................................................................................................................11 1-04.2 Coordination of Contract Documents...............................................................................11 1-04.3 Contractor-Discovered Discrepancies.............................................................................. 12 1-04.4 Changes............................................................................................................................ 12 1-04.8 Progress Estimates and Payments................................................................................... 12 1-04.11 Final Cleanup.................................................................................................................. 12 1-05 CONTROL OF WORK............................................................................................................ 12 1-05.4 Conformity With and Deviation from Plans and Stakes................................................. 12 1-05.3 Removal of Defective and Unauthorized Work............................................................... 13 ............... 1-05.10 Guarantees..................................................................................................................... 14 1-05.11 Final Inspection.............................................................................................................. 14 1-05.11(1) Substantial Completion Date.................................................................................... 14 1 i 1-05.11(2) Final Inspection and Physical Completion Date....................................................... 15 1-05.11(3) Operational Testing.................................................................................................... 15 1-05.12 Final Acceptance............................................................................................................ 16 1-05.13 Superintendents, Labor and Equipment of Contractor................................................. 16 1-05.14 Cooperation with Other Contractors............................................................................. 16 1-05.16 Water and Power........................................................................................................... 17 1-05.17 Oral Agreements............................................................................................................ 17 I 1-05.18 Reporting................................................................:....................................................... 17 1 1-06 CONTROL OF MATERIAL...................................................................................................... 17 1-06.1 Approval of Materials Prior to Use.................................................................................. 17 1-06.2(1) Samples and Tests for Acceptance.............................................................................. 17 1-06.2(2) Statistical Evaluation of Materials for Acceptance..................................................... 17 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC................................................ 17 1-07.1 Laws to be Observed........................................................................................................ 17 1-07.2 State Sales Tax.....................................................................................................:............ 18 1-07.2(1) General......................................................................................................................... 18 i1 1-07.2(2) .State Sales Tax-Rule 171........................................................................................... 19 1-07.2(3) State Sales Tax-Rule 170............................................................................................ 19 1-07.2(4) Services........................................................................................................................ 19 1-07.6 Permits and Licenses........................................................................................................ 19 1-07.9 Wages...............................................................................................................................20 1-07.9(5) Required Documents...................................................................................................20 �. 1-07.11 Requirements for Non-Discrimination..........................................................................20 1-07.11(11) City of Renton Affidavit of Compliance...................................................................20 1-07.12 Federal Agency Inspection.............................................................................................20 1-07.13 Contractor's Responsibility for Work............................................................................20 1-07.13(1) General.......................................................................................................................20 1-07.15 Temporary Water Pollution/Erosion Control................................................................20 1-07.16 Protection and Restoration of Property........................................................................20 1-07.16(1) Private/Public Property.............................................................................................21 1-07.17 Utilities-and-Similar Facil:ities.........................................................................................22 1-07.17(1) Interruption of Services.............................................................................................23 1-07.18 Public Liability and Property Damage Insurance..........................................................23 1-07.18(1) General.......................................................................................................................23 1-07.18(2) Coverages...................................................................................................................23 2 1-07.18(3) Limits..........................................................................................................................25 1-07.18(4) Evidence of Insurance:...............................................................................................26 1-07.22 Use of Explosives.................................................:..........................................................26 1-07.23 Public Convenience and Safet .......26 1-07.23(1) Construction Under Traffic........................................................................................26 1-07.24 Rights of Way..................................................................................................................27 1-07.28 Confined Space Entry.....................................................................................................28 1-08 PROSECUTION AND PROGRESS..........................................................................................29 1-08.0 Preliminary Matters.........................................................................................................29 t, 1-08.0(1) Preconstruction Conference........................................................................................29 1-08.0(2) Hours of Work..............................................................................................................30 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees....................30 1-08.1 Subcontracting.................................................................................................................30 1-08.2 Assignment.......................................................................................................................31 1-08.3 Progress Schedule............................................................................................................31 1-08.4 Notice to Proceed and Prosecution of the Work............................................................32 1-08.5 Time For Completion.......................................................................................................32 1-08.6 Suspension of Work..................................................................................... 33 1-08.7 Maintenance During Suspension.....................................................................................34 1-08.9 Liquidated Damages.........................................................................................................34 �. 1-08.11 Contractor's Plant and Equipment................................................................................34 1-08.12 Attention to Work..........................................................................................................34 1-09 MEASUREMENT AND PAYMENT.........................................................................................34 1-09.3 Scope of Payment.............................................................................................................34 1-09.6 Force Account...................................................................................................................35 1-09.7 Mobilization.....................................................................................................................35 1-09.9 Payments..........................................................................................................................35 1-09.9(1) Retainage.....................................................................................................................36 1-09.9(2) Contracting Agency's Right to Withhold and Disburse Certain Amounts.................37 1-09.9(3) Final Payment..............................................................................................................37 1-09.11 Disputes and Claims........................................................................................................38 1-09.11(2) Claims.........................................................................................................................38 1-09.11(3) Time Limitations and Jurisdiction.............................................................................38 1-09.13 Claims and Resolutions...................................................................................................38 1-09.13(3) Claims$250,000 or Less............................................................................................38 3 1-09.13(3)A Administration of Arbitration..................................................................................39 1-09.13(3)B Procedures to Pursue Arbitration...........................................................................39 1-09.14 Payment Schedule..........................................................................................................39 1-09.14(1) Scope..............................................:.....................................:.....................................39 1-09.14(2) Bid Items....................................................................................................................40 8-02. Roadside Restoration..........................................................................................................41 8-02.3(3) Weed and Pest Control................................................................................................41 i 1 . 1 1 4 06/04/2013 SPECIAL PROVISIONS 1-01 DEFINITIONS AND TERMS 1-01.1 General Section 1-01.1 is supplemented with: Whenever -reference is made to the State, State of Washington, Commission, Department of Transportation, Secretary of Transportation, Owner, Contracting Agency or Engineer, such reference shall be deemed to mean the City of Renton acting through its City Council, employees, and duly authorized representatives for all contracts administered by the City of Renton. All references to "State Materials Laboratory" shall be revised to read "Contracting Agency designated location". 1-01.3 Definitions Section 1-01.3 is revised and supplemented by the following: Act of God "Act of God" means an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the Work, which might reasonably have been anticipated from historical records of the general locality of the Work, shall not be construed as an act of god. Consulting Engineer The Contracting Agency's design consultant, who may or may not administer the construction program for the Contracting Agency. Contract Documents See definition for"Contract". Contract Price Either the unit price, the unit prices, or lump sum price or prices named in the proposal, or in properly executed change orders. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Dates Bid Opening Date: The date on which the Contracting Agency publicly opens and reads the bids. Award Date: The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date: The date the Contracting Agency officially binds the agency to the Contract. Notice to Proceed Date: The date stated in the Notice to Proceed on which the Contract Time begins. t. Substantial Completion Date: The day the Engineer determines the Contracting Agency, has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental Work, replacement of temporary substitute facilities, or correction or repair remains for the physical completion of the total contract. Contract Completion Date: The date by which the Work is contractually required to be physically completed. The Contract Completion Date will be stated in the Notice to Proceed. Revisions of this date will be authorized in writing by the Engineer whenever there is an extension to the 5 06/04/2013 Contract time. Completion Date: The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the Contract are fulfilled by the Contractor. Date of Commencement: The date stated in the Notice to Proceed on which the Contract Time begins. Final Acceptance Date: The date the Contracting Agency accepts the Work as complete per the Contract requirements. Day Unless otherwise designated, day(s) as used in the Contract Documents, shall be understood to mean working days. Engineer The City Engineer or duly authorized representative, or an authorized member of a licensed consulting firm retained by the Owner for the construction engineering of a specific public works project. Inspector The Owner's authorized representative assigned to make necessary observations of the Work performed or being performed, or of materials furnished or being furnished by the Contractor. Notice of Award: The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed: The written notice from the Contracting Agency or the Engineer to the Contractor authorizing and directing the Contractor to proceed with Work and establishing the date on which the Contract time begins. Or Equal Where the term "or equal" is used herein, the Contracting Agency, or the Contracting Agency on recommendation of the Engineer, shall be the sole judge of the quality and suitability of the proposed substitution. The responsibility and cost of furnishing necessary evidence, demonstrations, or other information required to obtain the approval of alternative materials or processes by the Owner shall be entirely borne by.the Contractor. Owner The City of Renton or its authorized representative also referred to as Contracting Agency. Performance and Payment Bond Same as"Contract Bond" defined in the Standard Specifications. Plans The Contract Plans and/or Standard Plans which show location, character, and dimensions of prescribed Work including layouts, profiles, cross-sections, and other details. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents, regardless of the method of binding. The terms "Standard Drawings" or "Standard Details" generally used in Specifications refers to drawings bound either with the specification documents or included with the Plans or the City of Renton Standard Plans. Points Wherever reference is made to the Engineer's points, this shall mean all marks, bench marks, reference points, stakes, hubs,tack, etc., established by the Engineer for maintaining horizontal and vertical control of the Work. Provide Means"furnish and install" as specified and shown in the Plans. Secretary,Secretary of Transportation The chief executive officer of the Department and other authorized representatives. The chief executive 6 06/04/2013 officer to the Department shall also refer to the Department of Public Works Administrator. Shop Drawings Same as "Working Drawings" defined in the Standard Specifications. Special Provisions Modifications to the Standard Specifications and their amendments that apply to an individual project. The special provisions may describe Work the Specifications do not cover. Such Work shall comply first with the Special Provisions and then with any Specifications that apply. The Contractor shall include all costs of doing this Work-wi:thin-the-bid prices. State The state of Washington acting through its representatives. The State shall also refer to The City of Renton and its authorized representatives where applicable. Supplemental Drawings and Instructions Additional instructions by the Engineer at request of the Contractor by means of drawings or documents necessary, in the opinion of the Engineer, for the proper execution of the Work. Such drawings and instructions are consistent with the Contract Documents. Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. Utility Public or private fixed improvement for the transportation of fluids,gases, power, signals, or communications and shall be understood to include tracks, overhead and underground wires, cables, pipelines, conduits, ducts, sewers, or storm drains. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 P requalification of Bidders Delete this Section and replace it with the following: Bidders shall be qualified by experience,financing, equipment, and organization to do the Work called for in the.Contract Documents. The Contracting Agency reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the Work satisfactorily. 1-02.2 Plans and Specifications Delete this Section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the Work. After award of the Contract, Plans and Specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No.of Sets Basis of Distribution Reduced Plans(11" x 4 Furnished 17") and contract automatically upon provisions award Large Plans (22"x 34") 4 Furnished only upon request Additional Plans and Contract Provisions may be purchased by the Contractor by payment of the cost stated in the Call for Bids. 1-02.5 Proposal Forms Delete this Section and replace it with the following: 7 06/04/2013 At the request of the bidder,the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid The proposal form will identify the project and its location and describe the Work. It will also list estimated quantities, units of measurement, the items of Work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit bid prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgement of addenda; the bidder's name, address, telephone number, and signature; and a State of Washington Contractor's Registration Number. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. The Contracting Agency reserves the right to reject any bids that fail to provide a cost proposal all alternates and additives set forth in the proposal forms. Any correction to a bid made by interlineations, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall.be executed in the corporate name, by the president or a vice president (Or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W/MBE requirements are to be satisfied through such an agreement. 1-02.6 Preparation of Proposal The second paragraph is revised as follows: All prices shall be in legible figures written in ink or typed.The proposal shall include: 1. A unit price for each item (omitting digits more than four places to the right of the decimal point), where a conflict arises the unit price shall prevail. 1-02.6(1) Proprietary Information 1-02.6(1) is a new Section. Vendors should, in the bid proposal, identify clearly any material(s), which constitute "(valuable) formula, designs drawings, and research data" so as to be exempt from public disclosure, RCW 42.17.310, or any materials otherwise claimed to be exempt, along with a Statement of the basis for such claim of exemption. The Department (or State) will give notice to the vendor of any request for disclosure of such information received within 5 (five) years from the date of submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting vendor of any claim that such materials are, in fact, so exempt. 1-02.7 Bid Deposit Section 1-02.7 is supplemented with the following: Bid Bonds shall contain the following: 1. Number assigned to the project by the Contracting Agency; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the 8 06/04/2013 person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany said signature; 6. The signature of the surety's officer empowered to sign the bond form included in the Contract Provision. 1-02.9 Delivery of Proposal Revise the first paragraph to read: Each proposal shall be submitted in a sealed envelope, with Project Name and Project Number as stated in the Advertisement for Bids clear=ly--mar--ked-on the outside-of the envelope. Or as otherwise stated in the Bid Documents,to ensure proper handling and delivery. 1-02.12. Public Opening of Proposals Section 1-02.12 is supplemented with the following: The Contracting Agency reserves the right to postpone the date and time for bid opening. Notification to bidder will be by addenda. 1-02.13 Irregular Proposals Revise item I to read: 1. A proposal will be considered irregular and will be rejected if: a. The bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The complete proposal form contains any unauthorized additions, deletions, alternate bids, or conditions; d. The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the bid proposal; f. The proposal form is not properly executed; g. The bidder fails to submit or properly complete a subcontractor list, if applicable, as required in Section 1-2.6 h. The bidder fails to submit or properly complete a Disadvantaged, Minority or Women's Business Enterprise Certification, if applicable, as required in Section 1-02.6; or i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation. 1-02.14 Disqualification of Bidders Revise this section to read: 1. A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or -Disadvantaged Enterprise, Minority Enterprise, or Women's Business Enterprise utilization. e. There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable,financially or otherwise,to perform the Work; 9 06/04/2013 L A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27) j. There are any other reasons deemed proper by the Contracting Agency. 1-02.15 Pre Award Information Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used; 2. Samples of these materials for quality and fitness tests.; 3. A progress schedule (in a form the Contracting Agency requires) showing the order of time required for the various phases of Work; 4. A breakdown of costs assigned to any bid item; 5. Attending at a conference with the Engineer or representatives of the Engineer; 6. Obtain, and furnish a copy of, a business license to do business in the city and/or county where the Work is located; 7. A copy of State of Washington Contractor's Registration; or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of bids Section 1-03.1 is supplemented with the following: (******) All bids will be based on total sum of all schedules of prices. No partial bids will be accepted unless so stated in the call for bids or special provisions. The City reserves the right however to award all or any schedule of a bid to the lowest bidder at its discretion. 1-03.2 Award of Contract Section 1-03.2 is supplemented with the following: (******) The Contract, bond form, and all other forms requiring execution,together with a list of all other forms or documents required to be submitted by the successful bidder, will be forwarded to the successful bidder within 10 days of the award. The number of copies to be executed by the Contractor shall be determined by the Contracting Agency. 1-03.3 Execution of Contract Section 1-03.3 is revised and supplemented as follows: Within 10 calendar days after receipt from the City of the forms and documents required to be completed by the Contractor, the successful bidder shall return the signed Contracting Agency-prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the Contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1- 02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any Work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any Work begun outside such areas and for any materials ordered before the Contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the Contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. The Contracting Agency is prohibited by RCW 39.06.010 from executing a contract with a Contractor who 10 06/04/2013 is not registered or licensed as required by the laws of the state. In addition, the Contracting Agency requires persons doing business with the Contracting Agency to possess a valid City of Renton business license prior to award. When the Bid Form provides spaces for a business license number, a Washington State Contractors registration number, or both the Bidder shall insert such information in the spaces provided. The Contracting Agency requires legible copies of the Contractor's Registration and business license be submitted to the Engineer as part of the Contracting Agency's post-award information and evaluation activities. 1-03.4 Contract Bond Revise the first paragraph to read: The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on the Contracting Agency-furnished form; 2. Be signed by an approved surety(or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; 3. Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time; 4. Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor)to faithfully perform the Contract, or b. Of the Contractor (subcontractors, or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tie subcontractors, material person, or any other person who provides supplies or provisions for carrying out Work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice- president, unless accompanied by a written proof of the authority of the individual signing the �. bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). 1-03.7 Judicial Review Revise the last sentence to read: The venue of all causes of action arising from the advertisement, award, execution, and performance of the Contract shall be in the Superior Court of the County where the Contracting Agency's headquarters are located. 1-04 SCOPE OF WORK 1=04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda Revise the second paragraph to read: Any inconsistency in the parts of the Contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4,and so forth): 1. Addenda 2. Proposal Form 3. Special Provisions 4. Contract Plans 5. Contracting Agency's Standard Plans(if any) 6. Amendments to the Standard Specifications 7. WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction 8. WSDOT/APWA Standard Plans for Road, Bridge and Municipal Construction 11 06/04/2013 1-04.3 Contractor-Discovered Discrepancies Section 1-04.3 is a new section: Upon receipt of award of contract, the Contractor shall carefully study and compare all the components of the Contract Documents and other instructions, and check and verify all field measurements. The Contractor shall, prior to ordering material or performing Work, report in writing to the Engineer any error, inconsistency, or omission in respect to design or mode of construction, which is discovered. If the Contractor, in the course of this study or in the accomplishment of the Work, finds any discrepancy between the Plans and the physical condition of the locality as represented in the Plans, or any such errors or omissions in respect to design or mode of construction in the Plans or in the layout as given by points and instructions, it shall be the Contractor's duty to inform the Engineer immediately in writing, and the Engineer will promptly check the same. Any Work done after such discovery, until correction of Plans or authorization of extra Work is given, if the Engineer finds that extra Work is involved, will be done at the Contractor's risk. If extra Work is involved, the procedure shall be as provided in Section 1- 04.4 of the Standard Specifications. 1-04.4 Changes The last two paragraphs are replaced with the following: Renton does not have a formal policy or guidelines on cost reduction alternatives, but will evaluate such proposals by the Contractor on a case-by-case basis. 1-04.8 Progress Estimates and Payments Section 1-04.8 is supplemented as follows: The Contractor is encouraged to provide to the Engineer prior to progress payments an estimate of "Lump Sum" Work accomplished to date. The Engineer's calculations and decisions shall be final in regard to the actual percentage of any lump sum pay item accomplished and eligible for payment unless another specific method of calculating lump sum payments is provided elsewhere in the Specifications. 1-04.11 Final Cleanup Section 1-04.11 is supplemented as follows: All salvage material as noted on the Plans and taken from any of the discarded facilities shall, at the Engineer's discretion, be carefully salvaged and delivered to the City shops. Any cost incurred in salvaging and delivering such items shall be considered incidental to the project and no compensation will be made. The Contract price for "Finish and Cleanup, Lump Sum," shall be full compensation for all Work, equipment and materials required to perform final cleanup. If this pay item does not appear in the Contract Documents then final cleanup shall be considered incidental to the Contract and to other pay item and no further compensation shall be made. 1-05 CONTROL OF WORK 1-05.4 Conformity With and Deviation from Plans and Stakes Section 1-05.4 is supplemented with the following: (******) If the project calls for the Contractor supplied surveying, the Contractor shall provide all required survey Work, including such Work as mentioned in Sections 1-05, 1-11 and elsewhere in these Specifications as being provided by the Engineer. All costs for this survey Work shall be included in "Contractor Supplied , Surveying," per lump sum. The Engineer or the Contractor supplied surveyor will provide construction stakes and marks establishing lines, slopes, and grades as.stipulated in Sections 1-05.4 and will perform such Work per Section 1-11. The Contractor shall assume full responsibility for detailed dimensions, elevations, and excavation slopes measured from the Engineer or the Contractor supplied surveyor furnished stakes and marks. The Contractor shall provide a work site, which has been prepared to permit construction staking to 1 12 06/04/2013 proceed in a safe and orderly manner. The Contractor shall keep the Engineer or the Contractor supplied surveyor informed of staking requirements and provide at least 48 hours notice to allow the Engineer or the Contractor supplied surveyor adequate time for setting stakes. The Contractor shall carefully preserve stakes, marks, and other reference points, including existing monumentation, set by Contracting Agency forces. The Contractor will be charged for the costs of replacing stakes, markers and monumentation that were not to be disturbed but were destroyed or damaged by the Contractor's operations. This charge will be deducted from monies due or to become due to the Contractor. Any claim by the Contractor for extra compensation by reason of alterations or reconstruction Work allegedly due to error in the Engineer's line and grade, will not be allowed unless the original control points set by the Engineer still exist, or unless other satisfactory substantiating evidence to prove the error was furnished by the Engineer.Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. In the absence of such report the Contractor shall be liable for any error in alignment or grade. The Contractor shall provide all surveys required other than those to be performed by the Engineer. All survey Work shall be done in accordance with Section 1-11 SURVEYING STANDARDS of these Specifications. The Contractor shall keep updated survey field notes in a standard field book and in a format set by the Engineer, per Section 1-11.1(4). These field notes shall include all survey Work performed by the Contractor's surveyor in establishing line, grade and slopes for the construction Work. Copies of these field notes shall be provided the Engineer upon request and upon completion of the Contract Work the field book or books shall be submitted to the Engineer and become the property of the Contracting Agency. If the survey Work provided by the Contractor does not meet the standards of the Engineer, then the Contractor shall, upon the Engineer's written request, remove the individual or individuals doing the t, survey Work and the survey Work will be completed by the Engineer at the Contractor's expense. Costs for completing the survey Work required by the Engineer will be deducted from monies due or to become due the Contractor. All costs for survey Work required to be performed by the Contractor shall be included in the prices bid for the various items which comprise the improvement or be included in the bid item for "Contractor Supplied Surveying" per lump sum if that item is included in the contracts. 1-05.7 Removal of Defective and/or Unauthorized Work Section 1-05.7 is supplemented as follows: .. Upon written notice from the Engineer, the Contractor shall promptly replace and re-execute Work by Contractor forces, in accordance with the intent of the Contract and without expense to the Owner, and shall bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned Work and materials and commence re-execution of the Work within 7 calendar days of written notice from the Engineer, or fails to perform any part of the Work required by the Contract Documents, the Owner may correct and remedy such Work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. In that case, the Owner may store removed material. �. Direct or indirect costs incurred .by the Contracting Agency attributable to correcting and remedying defective or unauthorized Work, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized Work. If sufficient funds do not remain in the Contract and the Contractor does not pay the cost of such removal 13 06/04/2013 and storage within 10 calendar.days from the date of the notice to the Contractor of the fact of such removal, the Owner may, upon an additional 10 calendar days written notice, sell such materials at public or private sale, and deduct all costs and expenses incurred from monies due to the Contractor, including costs of sale, and accounting to Contractor for the net proceeds remaining. The Owner may bid at any such sale. The Contractor shall be liable to the Owner for the amount of any deficiency from any funds otherwise due the Contractor. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized Work corrected- immediately, have the rejected Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public, the Property Owner and the Property Owner's property. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the Work attributable to the exercise of the Contracting Agency's rights provided by this section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the Work as required. 1-05.10 Guarantees Section 1-05.10 is supplemented as follows: If within one year after the Acceptance Date of the Work by the Contracting Agency, defective and/or unauthorized Work is discovered, the Contractor shall promptly, upon written order by the Contracting ' Agency, return and in accordance with the Engineer's instructions, either correct such Work, or if such Work has been rejected by the Engineer, remove it from the project site and replace it with non-defective and authorized Work, all without cost to the Contracting Agency. If the Contractor does not promptly comply with the written order to correct defective and/or unauthorized Work, or if an emergency exists, the Contracting Agency reserves the right to have defective and/or unauthorized Work corrected or removed and replaced pursuant to Section 1-05.7 "Removal of Defective and/or Unauthorized Work" The Contractor agrees the above one year limitation shall not exclude or diminish the Contracting Agency's rights under any law to obtain damages and recover costs resulting from defective and/or unauthorized Work discovered after one year but prior to the expiration of the legal time period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed of implied arising out of a written agreement. The Contractor shall warrant good title to all materials, supplies, and equipment purchased for, or incorporated in the Work. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor, to recover under any bond given by the Contractor for their protection,or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the Contracting Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials. 1-05.11 Final Inspection 1-05.11(1) Substantial Completion Date Section 1-05.11(1) is a new section: When the Contractor considers the Work to be substantially complete,the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Engineer will schedule an inspection of the Work with the Contractor to determine the status of completion. 14 ' 06/04/2013 ' To be considered substantially complete the following conditions must be met: 1. The Contracting Agency must have full and unrestricted use and benefit of the facilities both from the operational and safety standpoint. ' 2. Only minor incidental Work, replacement of temporary substitute facilities, or correction of repair Work remains to reach physical completion of the Work. The Contractor's request shall list the specific items of Work in subparagraph two above that remains to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date-unilaterally. ' If after this inspection,the Engineer concurs with the Contractor that the Work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor,will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the Work substantially complete and ready for its intended use,the Engineer will, by written notice,so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion,whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption,the Work necessary to reach Substantial and Physical Completion.The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the Work. ' The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the Work physically complete and ready for Final Inspection. ' 1-05.11(2) Final Inspection and Physical Completion Date Section 1-05.11(2) is a new Section: When the Contractor considers the Work physically complete and ready for Final Inspection, the Contractor, by Written Notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for Final Inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the Final Inspection reveals the ' Work incomplete or unacceptable.The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective Work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the Written Notice listing the deficiencies,the Engineer may, upon Written Notice to the Contractor,take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.8. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the Work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the Work was considered physically complete, that date shall constitute the Physical Completion Date of the Contract, but shall not imply all the obligations of the Contractor ' under the Contract have been fulfilled. 1-05.11(3) Operational Testing Section 1-05.11(3) is a new section: Unless otherwise noted in the Contract Documents, the Contractor shall give the Engineer a minimum of 3 working days' notice of the time for each test and inspection. If the inspection is by another authority ' than the Engineer,the Contractor shall give the Engineer a minimum of 3 working days' notice of the date fixed for such inspection. Required certificates of inspection by other authority than the Engineer shall be secured by the Contractor. It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and 15 06/04/2013 operable system. Therefore, when the Work involves the installation of machinery or other mechanical ' equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar Work, it may be desirable for the Engineer to have the Contractor operate and test the Work for a period of time,after final inspection but prior to the physical completion date. Whenever items of Work , are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period,the Contractor shall correct any items of workmanship, ' materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the ' purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power,gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. ' Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the Contract. , 1-05.12 Final Acceptance The third and fourth sentences in paragraph 1 are deleted and replaced with: The Final Acceptance date shall be that date in which the Renton City Council formally approves acceptance of the Contract. 1-05.13 Superintendents, Labor and Equipment of Contractor ' Revise the seventh paragraph to read: Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1-02.1, ' the Contracting Agency will take these performance reports into account. 1-05.14 Cooperation with Other Contractors Section 1-05.14 is supplemented as follows: The Contractor shall afford the Owner and other contractors working in the area reasonable opportunity for the introduction and storage of their materials and the execution of their respective Work, and shall properly connect and coordinate the Contractor's Work with theirs. Other utilities, districts, agencies, and contractors who may be working within the project area are: 1. Puget Sound Energy(gas and electric) 2. AT&T Broadband 3. . Qwest Communications 4. City of Renton (water, sewer, transportation) 5. Soos Creek Sewer and Water District 6. Cedar River Sewer and Water District 7. Skyway Sewer and Water District 8. Private contractors employed by adjacent property owners The Contractor shall coordinate with City of Renton on tying into any existing electrical service cabinet. ' 16 ' 06/06/2013 1-05.16 Water and Power Section 1-05.16 is a new Section: The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the Work, unless the Contract includes power and water as a pay item. 1-05.17 Oral Agreements Section 1-05.17 is a new section: No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the Contract,shall affect or modify any of the terms or obligations ' contained in any of the documents comprising the Contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1-05.18 Reporting Section 1-05.18 is a new section: Following each site visit for vegetation control,the contractor shall provide to the City a summary that includes the general location and type of vegetation removed and the type of method used, number of workers used and total number of hours expended by each worker for vegetation control for each site. ' For chemical treatment,the summary shall be in accordance with Special Condition S8 of the Aquatic Noxious Weed Control Management General Permit and shall include the water body name, dates treatment occurred, chemicals used, amount of active ingredient applied, acreage treated, monitoring results and plant species targeted. ' 1-06 CONTROL OF MATERIAL ' 1-06.1 Approval of Materials Prior to Use Section 1-06.1 is supplemented as follows: The materials and equipment lists submitted to the Engineer at the Preconstruction Conference shall include the quantity, manufacturer, and model number, if applicable, of materials and equipment to be installed under the Contract. This list will be checked by the Engineer as to conformity with the Contract Documents. The Engineer will review the lists within 10 working days, noting required corrections. The ' Contractor shall make required corrections and file 2 corrected copies with the Engineer within one week after receipt of required corrections. The Engineer's review and acceptance of the lists shall not relieve the Contractor from responsibility for suitability for the intended purpose, nor for deviations from the Contract Documents. 1-06.2(1) Samples and Tests for Acceptance Section 1-06.2(1) is supplemented a follows: The finished Work shall be in accordance with approved samples. Approval of samples by the Engineer does not relieve the Contractor of responsibility for performance of the Work in accordance with the Contract Documents. 1-06.2(2) Statistical Evaluation of Materials for Acceptance Section 1-06.02(2) is supplemented by adding the following: Unless stated otherwise in the special provisions, statistical evaluation will not be used by the City of Renton. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ' 1-07.1 Laws to be Observed Section 1-07.1 is supplemented as follows: ' 17 06/04/2013 ' The Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the Work, all necessary safeguards for protection of workers and the public; shall post danger signs ' warning against known or unusual hazards; and shall designate as Safety Supervisor, a responsible employee on the construction site whose duty shall be the enforcement of safety. The name and position of such person so designated shall be reported in writing to the Engineer by the Contractor. , The Contractor shall, at all times, enforce strict discipline and good order among all employees and shall not employ any.person unfit or not skilled in the Work assigned to him/her. Necessary sanitation conveniences for the use of the workers on the job, properly secluded from public ' observation, shall be provided and maintained by the Contractor. In cases of conflict between different safety regulations, the more stringent regulation shall apply. ' The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial ' Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all ' articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital or doctor's care, and persons, including employees, who may have been injured on the project site. Employees should not be ' permitted to Work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor's , plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the Work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not, and shall not, be intended to include review and adequacy of the Contractor's safety measures, in, on, or near the project site. 1-07.2 State Sales Tax Delete this section, including its sub-sections, in its entirety and replace it with the following: 1-07.2(1) General The Washington State Department of Revenue has issued special rules on the state sales tax. Sections 1- 07.2(1)through 1-07.2(4) are meant to clarify those rules. The Contractor should contact the ' Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In ' some cases, however, state retail sales tax will not be included. Section 1-07.2(3) describes this ' exception. The Contracting Agency will pay the retained percentage only if the Contractor has obtained from the , Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.050). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue,whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper state fund. ' 18 06/04/2013 1-07.2(2) State Sales Tax— Rule 171 ' WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., which are owned by a municipal corporation, or political subdivision of the state,or by the United States, and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as part of the.street or road drainage system, and power lines when such are part of the roadway lighting system. For Work performed in such cases,the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices,or other contract amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in ' doing the Work. ' 1-07.2(3) State Sales Tax— Rule 170 WAC 458-20-170, and its related rules, applies to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to; the construction of ' streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of,a street or road drainage system;telephone,telegraph, electrical power distribution lines, or ' other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For Work performed in such cases,the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each ' payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception:The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any ' other contract amount. 1-07.2(4) Services ' The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and ' 244). 1-07.6 Permits and Licenses ' Section 1-07.6 is supplemented as follows: The permits, easements, and right of entry documents that have been acquired are available for ' inspection and review. The Contractor shall be required to comply with all conditions of the permits, easements, and rights of entry, at no additional cost to the Owner. The Contractor is required to indemnify the Owner from claims on all easements and rights of entry. All other permits, licenses, etc., shall be the responsibility of the Contractor. The Contractor shall comply with the special provisions and requirements of each. Permits, permission under franchises, licenses and bonds of a temporary nature necessary for and during 19 06/04/2013 , the prosecution of the Work, and inspection fees in connection therewith shall be secured and paid for by ' the Contractor. If the Owner is required to secure such permits, permission under franchises, licenses and bonds, and pay the fees, the costs incurred by the Owner thereby shall be charged against the Contractor and deducted from any funds otherwise due the Contractor. 1-07.9 Wages 1-07.9(5) Required Documents Delete the first sentence of the third paragraph, and replace it with the following: The Contractor must submit weekly-certified payrolls for the Contractor and all subcontractors and lower tier subcontractors, regardless of project's funding source. 1-07.11 Requirements for Non-Discrimination 1-07.11(11) City of Renton Affidavit of Compliance , Section 1-07.11(11) is new: Each Contractor, Subcontractor, Consultant, and or Supplier shall complete and submit a copy of the "City of Renton Fair Practices Policy Affidavit of Compliance". A copy of this document will be bound in the bid ' documents. 1-07.12 Federal Agency Inspection Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments , thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the , FHWA 1273 and amendments thereto in each subcontract,together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the ' subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this Section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.13 Contractor's Responsibility for Work 1-07.13(1) General Section 1-07.13(1) is supplemented as follows: During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the Work as shall not be damaged thereby. No portion of the Work whose satisfactory quality or efficiency will be affected by unfavorable conditions shall be constructed while these conditions exist, unless the Contractor shall be able to overcome said ' unfavorable conditions by special means or precautions acceptable to the Engineer,. 1-07.15 Temporary Water Pollution/Erosion Control Delete the first paragraph, and replace it with the following: (******) In an effort to prevent, control, and stop water pollution and erosion within the project, thereby protecting the Work, nearby land, streams, and other bodies of water, the Contractor shall perform all Work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. 1-07.16 Protection and Restoration of Property 20 ' 06/04/2013 ' 1-07.16(1) Private/Public Property Section 1-07.16(1) is supplemented by adding the following: The Contracting Agency will obtain all easements and franchises required for the project. The Contractor shall limit his operation to the areas obtained and shall not trespass on private property. The Contracting Agency may provide certain lands, as indicated in connection with the Work under the Contract together with the right of access to such lands. The Contractor shall not unreasonably encumber the premises with his equipment or materials. The Contractor shall provide, with no liability to the Contracting Agency, any additional land and access ' thereto not shown or described that may be required for temporary construction facilities or storage of materials. He shall construct all access roads, detour roads, or other temporary Work as required by his operations. The Contractor shall confine his equipment, storage of material, and operation of his workers to those areas shown and described and such additional areas as he may provide. tA. General. All construction Work under this contract on easements, right-of-way, over private property or franchise, shall be confined to the limits of such easements, right-of-way or franchise. All Work shall be accomplished so as to cause the least amount of disturbance and a minimum amount of ' damage. The Contractor shall schedule his Work so that trenches across easements shall not be left open during weekends or holidays and trenches shall not be open for more than 48 hours. B. Structures. The Contractor shall remove such existing structures as may be necessary for the ' performance of the Work and, if required, shall rebuild the structures thus removed in as good a condition as found. He shall also repair all existing structures that may be damaged as a result of the Work under this contract. tC. Easements,cultivated areas and other surface improvements. All cultivated areas, either agricultural or lawns, and other surface improvements which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition. Prior to excavation on an easement or private right-of-way,the Contractor shall strip topsoil from the ' trench or construction-area and stockpile it in such a manner that it may be replaced by him, upon completion of construction. Ornamental trees and shrubbery shall be carefully removed with the earth surrounding their roots wrapped in burlap and replanted in their original positions within 48 hours. All shrubbery or trees destroyed or damaged, shall be replaced by the Contractor with material of equal quality at no additional cost to the Contracting Agency. In the event that it is necessary to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after the trenches have been backfilled. The lawn area shall be cleaned by sweeping or other means,of all earth and debris. The Contractor shall use rubber wheel equipment similar to the small tractor-type backhoes used by side sewer contractors for all Work, including excavation and backfill, on easements or rights-of-way,which have lawn areas. All fences, markers, mailboxes, or other temporary obstacles shall be removed by the Contractor and immediately replace, after the trench is backfilled, in their original position. The ' Contractor shall notify the Contracting Agency and Property Owner at least 24 hours in advance of any Work done on easements or rights-of-way. Damage to existing structures outside of easement areas that may result from dewatering and/or other construction activity under this contract shall be restored to their original condition or better. The original condition shall be established by photographs taken and/or inspection made prior to construction. All such Work shall be done to the satisfaction of the Property Owners and the Contracting Agency at the expense of the Contractor. D. Streets. The Contractor will assume all responsibility of restoration of the surface of all streets (traveled ways) used by him if damaged. In the event the Contractor does not have labor or material immediately available to make necessary repairs, the Contractor shall so inform the Contracting Agency. The Contracting Agency will make the necessary repairs and the cost of such repairs shall be paid by the Contractor. The Contractor is responsible for identifying and documenting any damage that is pre-existing or caused � 21 06/04/2013 by others. Restoration of excavation in City streets shall be done in accordance with the City of Renton , Trench Restoration Requirements, which is available at the Public Works Department Customer Services counter on the 6th floor, Renton City Hall, 1055 South Grady Way. 1-07.17 Utilities and Similar Facilities I Section 1-07.17 is supplemented by adding: (******) Existing utilities indicated in the Plans have been plotted from the best information available to the Engineer. Information and data shown or indicated in the Contract Documents with respect to existing_ ' underground utilities or services at or contiguous to the project site are based on information and data furnished to the Owner and the Engineer by owners of such underground facilities or others, and the Owner and the Engineer do not assume responsibility for the accuracy or completeness thereof. It is to , be understood that other aboveground or underground facilities not shown in the Plans. may be encountered during the course of the Work. All utility valves, manholes, vaults, or pull boxes which are buried shall be conspicuously. marked in a fashion acceptable to the Owner and the Engineer by the Contractor to allow their location to be determined by the Engineer or utility personnel under adverse conditions, (inclement weather or darkness). Where underground main distribution conduits, such as water, gas, sewer, electric power, or telephone, t are shown on the Plans, the Contractor, for the purpose of preparing his bid, shall assume that every property parcel will be served by a service connection for each type of utility. , The Contractor shall check with the utility companies concerning any possible conflict prior to commencing excavation in any area. The Contractor shall resolve all crossing and clearance problems with the utility company concerned. No excavation shall begin until all known facilities, in the vicinity of ' the excavation area, have been located and marked. In addition to the Contractor having all utilities field marked before starting Work, the Contractor shall have all utilities field marked after they are relocated in conjunction with this project. Call Before You Dig The 48-Hour Locators 1-800-424-5555 , At least 2 and not more than 10 working days prior to commencing any excavations for utility potholing or for any other purpose under this Contract, the Contractor shall notify the Underground Utilities Location ' Center by telephone of the planned excavation and progress schedule. The Contractor is also warned that there may be utilities on the project that are not part of the One Call system. They must be contacted directly by the Contractor for locations. The Contractor shall make arrangements 48 hours in advance with respective utility owners to have a t representative present when their utility is exposed or modified, if the utility chooses to do so. Existing utilities for telephone, power, gas, water, and television cable facilities shall be adjusted or , relocated by the appropriate utility company unless otherwise noted in the Plans. These adjustments may be completed before the Contractor begins Work, or may be performed in conjunction with the Contract Work. The Contractor shall be entirely responsible for coordination with the utility companies ' and arranging for the movement or adjustment, either temporary or permanent, of their facilities within the project limits. See also Section 1-05.14 of these Special Provisions. If or when utility conflicts occur, the Contractor shall continue the construction process on other aspects , of the project whenever possible. No additional compensation will be made to the Contractor for reason of delay caused by the actions of any utility company, and the Contractor shall consider such costs to be incidental to the other items of the Contract. Utility Potholing Potholing may be included as a bid item for use in determining the location of existing utilities in advance of the Contractor's operations. If potholing is not included as a bid item then it shall be considered incidental to other Work. The Contractor shall submit all potholing requests to the Engineer for approval, 22 i 06/04/2013 at least 2 working days before potholing is scheduled. Additionally, the Contractor shall provide potholing at the Engineer's request. In no way shall the Work described under Utility Potholing relieve the Contractor of any of the ' responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. 1-07.17(1) Interruption of Services ' Section 1-07.17(1) is a new section: Whenever in the course of the construction operation it becomes necessary to cause an outage of utilities, it shall be the Contractor's responsibility to notify the affected users and the Engineer not less than 48 hours in advance of such outage. The Contractor shall make reasonable effort to minimize the duration of outages, and shall estimate the length of time service will be interrupted and so notify the users. In the case of any utility outage that has exceeded or will exceed four hours, user contact shall again be made. Temporary service, if needed,will be arranged by the Contractor at no cost to the Owner. Overhead lighting outages shall not exceed 24 hours. All cost to the Contractor for providing temporary overhead lighting to meet above requirements shall be incidental to the various unit and Lump sum items Iof the Contract; no separate payment will be made. 1-07.18 Public Liability and Property Damage Insurance Section 1-07.18 is deleted replaced by the following new section and subsections: 1-07.18(1) General The Contractor shall obtain and maintain in full force and effect, from the Contract Execution Date to the Completion Date, public liability and property damage insurance with an insurance company(ies) or through sources approved by the State Insurance Commissioner pursuant to RCW 48. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency. Insurance shall provide coverage to the Contractor, all subcontractors, Contracting Agency and the Contracting Agency's ' consultant. The coverage shall protect against claims for bodily injuries, personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor or the subcontractor, or by anyone directly or indirectly employed by either of them. If warranted work is required the Contractor shall provide the City proof that insurance coverage and limits established under the term of the Contract for work are in full force and ' effect during the period of warranty work. The Contracting Agency may request a copy of the actual declaration pages(s) for each insurance policy effecting coverage(s) required on the Contract prior to the date work ' commences. Failure of the Contractor to fully comply during the term of the Contract with the requirements described herein will be considered a material breach of contract and shall be caused for immediate termination of the Contract at the option of the Contracting Agency. All costs for insurance shall be incidental to and included in the unit or Lump Sum prices of ithe contract and no additional payment will be made. 1-07.18(2) Coverages ' All coverage provided by the Contractor shall be in a form and underwritten by a company acceptable to the Contracting Agency. The City requires that all insurers: 1. Be licensed to do business within the State of Washington. 23 06/04/2013 2. Coverage to be on an "occurrence" basis (Professional Liability and Pollution , coverage are acceptable when written on a claims-made basis). The City may also require proof of professional liability coverage be provided for up to two (2) years after the completion of the project. 3. The City may request a copy of the actual declaration page(s) for each insurance ' policy affecting coverage(s) required by the Contract prior to the date work commences. 4. Possess a minimum A.M. best rating of AVII (A rating of A XII or better is preferred.) If any insurance carrier possesses a rating of less than AVII, the City may make an exception. The City reserves the right to approve the security of the insurance coverage provided by the insurance company(ies), terms, conditions, and the Certificate of Insurance. Failure of the Contractor to fully comply during the term of the Contract with these requirements will be considered a material breach of contract and shall be cause for immediate termination of the contract at the option of the City. The Contractor shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, the City of Renton shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. Coverage shall include: A. Commercial General Liability - ISO 1993 Form or equivalent. Coverage will be written on an occurrence basis and include: • Premises and Operations (including CG2503; General Aggregate to apply per project, if applicable) • Explosion, Collapse, and Underground Hazards. Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) • Broad Form Property Damage , • Independent Contractors • Personal/Advertising Injury • Stop Gap Liability , B. Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles C. Workers' Compensation • Statutory Benefits (Coverage A) - Show Washington Labor & Industries Number D. Umbrella Liability (when necessary) , • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. E. Professional Liability - (whenever the work under this Contract includes Professional Liability, including Advertising activities) the CONTRACTOR shall maintain professional liability covering wrongful acts, errors and or omissions of the (CONTRACTOR) for damage sustained by reason of or in the course of operations under this Contract. F. Pollution Liability - the City may require this coverage whenever work under this Contract involves pollution risk to the environment. This coverage is to include sudden and gradual coverage for third party liability including defense costs and completed operations. ' Contractor shall name City of Renton, and its officers, officials, agents, employees and volunteers as Additional Insured (ISO Form CG 2010 or equivalent). The Contractor shall provide City of Renton Certificates of Insurance prior to commencement of work. The City 24 , t06/04/2013 reserves the right to request copies of insurance policies, if at their sole discretion it is deemed appropriate. Further, all policies of insurance described above shall: A. Be on a primary basis not contributory with any other insurance coverage and/or self-insurance carried by City of Renton. B. Include a Waiver of Subrogation Clause. C. Severability of Interest Clause (Cross Liability) D. The Contractor shall provide the Contracting Agency and all Additional Insured's with written notice of any policy cancellation, within two business days of their receipt of such-notice: E. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. 1-07.18(3) Limits LIMITS REQUIRED ' Providing coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. The Contractor shall carry the following limits of liability as required below: tCommercial 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) $50,000 Medical Payments (Any One Person) $5,000 Stop Gap Liability $1,000,000 ' * General Aggregate to apply per project (ISO Form CG2503 or equivalent) **Amount may vary based on project risk Automobile Liability Bodily Injury Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits - Coverage A Variable (Show Washington Labor and Industries Number) Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Professional Liability If required) ' Each Occurrence Incident Claim $1,000,000 Aggregate $2,000,000 Pollution Liability (If required) to apply on a per project basis ' Per Loss $1,000,000 Aggregate $1,000,000 The City may require the Contractor to keep professional liability coverage in effect for up to two (2) years after completion of the project. 25 06/04/2013 The Contractor shall promptly advise the CITY OF RENTON in the event any general aggregates are reduced for any reason, and shall reinstate the aggregate at the Contractor's expense to comply with the minimum limits and requirements as stated above and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. 1-07.18(4) Evidence of Insurance: Within 20 days of award of the Contract, the Contractor shall provide evidence of insurance by submitting to the Contracting Agency the Certificate of Insurance (ACORD Form 25s or equivalent) conforming to items as specified in Sections 1-07.18(1), 1-07.18(2), and 1- 07.18(3) as,revised above. 1-07.22 Use of Explosives Section 1-07.22 is supplemented by the following: Explosives shall not be used without specific authority of the Engineer, and then only under such restrictions as may be required by the .proper authorities. Explosives shall be handled and used in strict compliance with WAC 296-52 and such local laws, rules and regulations that may apply. The individual in charge of the blasting shall have a current Washington State Blaster Users License. The Contractor shall obtain, comply with, and pay for such permits and costs as are necessary in conjunction with blasting operations. 1-07.23 Public Convenience and Safety 1-07.23(1) Construction Under Traffic Revise the second paragraph to read: To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the Work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, driveways, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. Deficiencies caused by the Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency's expense. The Contractor shall also maintain roads, streets, sidewalks, driveways, and paths adjacent to the project limits when affected by the Contractor's operations. Snow and ice control will be performed by the Contracting Agency on all ' projects. Cleanup of snow and ice control debris will be at the Contracting Agency's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the Work that might impede traffic or create a hazard. , 2. Keep existing traffic signal and highway lighting systems in operation as the Work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency's expense. The Contractor shall be , responsible for scheduling when to renew striping, subject to the approval of the Engineer. When the scope of the project does not require Work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency's expense, except those damaged due to the Contractor's operations. , 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency's expense when approved by the Engineer, except when flow is impaired due to the Contractor's operations. 26 t06/04/2013 Section 1-07.23(1) is supplemented by adding the following: The Contractor shall be responsible for controlling dust and mud within the project limits and on any street, which is utilized by his equipment for the duration of the project. The Contractor shall be prepared to use watering trucks, power sweepers, and other pieces of equipment as deemed necessary by the.Engineer, to avoid creating a nuisance. Dust and mud control shall be considered as incidental to the project, and no compensation will be made for this section. Complaints of dust, mud, or unsafe practices and/or property damage to private ownership will be transmitted to the Contractor and prompt action in correcting them will be required by the Contractor. The Contractor shall maintain the roads during construction in a suitable condition to minimize affects to vehicular and pedestrian traffic. All cost to maintain the roads shall be borne by the Contractor. rAt least one-way traffic shall be maintained on all cross-streets within the project limits during working hours. One lane shall be provided in each direction for all streets during non-working hours. The Contractor shall provide one drivable roadway lane and maintain convenient access for local and commuter traffic to driveways, businesses, and buildings along the line of Work throughout the course of the project. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. This restriction shall not apply to the paving portion of the construction process. The Contractor shall notify and coordinate with all property owners and tenants of street closures, or other restrictions which may interfere with their access at least 24 hours in advance for single-family residential property, and at least 48 hours in advance for apartments, offices, and commercial property. The Contractor shall give a copy of all notices to the Engineer. When the abutting owners' access across the right-of-way line is to be eliminated and replaced under the Contract by other access, the existing access shall not be closed until the replacement access facility is available. All unattended excavations shall be properly barricaded and covered at all times. The Contractor shall not open any trenches that cannot be completed and refilled that same day. Trenches shall be patched or covered by a temporary steel plate, at the Contractor's expense, except in areas where the roadway remains closed to public traffic. Steel plates must be anchored. 1-07.24 Rights-of-Way Delete this section in its entirety, and replace it with the following: Street right-of-way lines, limits of easements, and limits of construction permits are indicated on the Drawings. The Contractor's construction activities shall be confined within these limits unless ' arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights-of-way and ' easements, both permanent and temporary, necessary for carrying out the completion of the Work. Exceptions to this are noted in the Contract Documents or brought to the Contractor's attention by a duly issued addendum. Whenever any of the Work is accomplished on or through property other than public right-of-way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements are included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights-of-entry have not been acquired prior to advertising, these areas are so noted on the Drawings. The Contractor shall not proceed with any portion of the Work in areas where right-of-way, easements, or rights-of-entry have not been acquired until the Engineer certifies to the r 27 06/04/2013 , Contractor that the right-of-way or easement is available or that the right-of-entry had been received. If , the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry of right-of-way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 hours notice prior to entry by the Contactor. This includes entry , onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense.or liability of the Contracting Agency, , any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the Work or not,the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this Contract.The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1-07.28 Confined Space Entry Section 1-07.28 is new: The Contractor shall: 1. Review and be familiar with the City's Public Works Confined Space Entry Program. 2. Review documented information about the City confined spaces in which entry is intended as listed and described in the City's Attribute and Map Book. This information includes identified hazards for each permit-required confined space. 3. Each contractor shall have their own confined space entry program. Upon request of the City they will provide a statement confirming they are in compliance with their confined space entry program including requirements for confined space training for employees associated with the project in Renton. 4. Be responsible for following all confined space requirements established by the provisions in WAC 296-809 and its chapters. 5. Coordinate entry operations with the City of Renton when employees from the contractor will be working in or near City confined spaces. , 6. Discuss entry operations with the City of Renton including the program followed during confined space entry. , 7. Debrief the City on any hazards confronted or created at the completion of entry operations. 8. Place signs stating, "Danger, Follow Confined Space Entry Procedure before Entering" at each confined space to be entered. Never leave the confined space open and unattended. The contractor's or consultant's point of contact with the City in regard to confined space entry will be the City's assigned construction inspector. 28 06/04/2013 t1-08 PROSECUTION AND PROGRESS 1-08.0 Preliminary Matters Section 1-08.0 is a new section with subsection: 1-08.0(1) Preconstruction Conference Section 1-08.0(1) is a new subsection: The Engineer will furnish the Contractor with copies of the Contract Documents per Section 1-02.2 "Plans and Specifications". Additional documents may be furnished upon request at the cost of reproduction. Prior to undertaking each part of the Work the Contractor shall carefully study and compare the Contract Documents, and check and verify pertinent figures shown therein and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy, which the Contractor may discover. After the Contract has been executed, but prior to the Contractor beginning the Work, a preconstruction conference will be held between the Contractor,the Engineer and such other interested parties as may be invited. The Contractor shall prepare and submit at the preconstruction meeting: 3 Contractor's plan of operation and progress schedule (3+copies) 4 Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with bid) 4 List of materials fabricated or manufactured off the project 4 Material sources on the project 4 Names of principal suppliers Detailed equipment list, including "Rental Rate Blue Book" hourly costs (both working and standby rates) 4 Weighted wage rates for all employee classifications anticipated to be used on Project 4 Cost percentage breakdown for lump sum bid item(s) 4 Shop Drawings(bring preliminary list) 4 Traffic Control Plans (3+copies) 4 Temporary Water Pollution/Erosion Control Plan In addition, the Contractor shall be prepared to address: Bonds and insurance Project meetings schedule and responsibilities Provision for inspection for materials from outside sources Responsibility for locating utilities Responsibility for damage Time schedule for relocations, if by other than the Contractor Compliance with Contract Documents ' Acceptance and approval of Work Labor compliance, payrolls,and certifications Safety regulations for the Contractors'and the Owner's employees and representatives ' Suspension of Work, time extensions Change order procedures Progress estimates, procedures for payment Special requirements of funding agencies Construction engineering, advance notice of special Work Any interpretation of the Contract Documents requested by the Contractor Any conflicts or omissions in Contract Documents Any other problems or questions concerning the Work Processing and administration of public complaints Easements and rights-of-entry Other contracts The franchise utilities may be present at the preconstruction conference, and the Contractor should be 29 06/04/2013 t prepared for their review and discussion of progress schedule and coordination. 1-08.0(2) Hours of Work Section 1-08.0(2) is a new subsection: Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 5:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day Work week. The normal straight time 8-hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the Work. If a Contractor desires to perform Work on holidays, Saturdays, Sundays, or before 7:00 a.m. or after 5:00 , p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to Work such times. Permission to Work longer than an 8-hour period between 7:00 a.m. an 5:00 p.m. is not required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to Work. Permission to Work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 7:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue Work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to Work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or the Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the Work; requiring the Contractor to reimburse the Contracting Agency for the cost of engineering salaries paid Contracting Agency employees who worked .during such times; considering the Work performed on Saturdays, Sundays, and holidays as working days with regards to the Contract Time; and considering multiple Work shifts as multiple working days with respect to Contract Time even though the multiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel from the material testing labs; inspectors; and other Contracting Agency employees when in the opinion of the Engineer such Work necessitates their presence. 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees Section 1-08.0(3) is a new subsection: (******) Where the Contractor elects to Work on a Saturday, Sunday, holiday, or longer than an 8-hour Work shift on a regular working day, as defined in the Standard Specifications,such Work shall be considered as ' overtime Work. On all such overtime Work an inspector will be present, and a survey crew may be required at the discretion of the Engineer.The Contractor shall reimburse the Contracting Agency for the full amount of the straight time plus overtime costs for employees and representative(s) of the Contracting Agency required to Work overtime hours. ' The Contractor by these Specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due the Contractor. , 1-08.1 Subcontracting Revise the second paragraph to read: The Contractor shall not subcontract Work unless the Engineer approves in writing. Each request to subcontract shall be on the form the Engineer provides. If the Engineer requests, the Contractor shall provide proof that subcontractor has the experience, ability, and equipment the Work requires. The Contractor shall require each subcontractor to comply with Section 1-07.9 and to furnish all certificates and statements required by the Contract. The Contractor shall require each subcontractor of every tier to meet the responsibility criteria stated in RCW 39.06, and shall include these requirements in every subcontract of every tier. 30 ' 06/04/2013 Section 1-08.1 is supplemented as follows: Written requests for change in subcontractors shall be submitted by the Contractor to the Engineer at least 7 calendar days prior to start of a subcontractor's Work. tThe Contractor agrees that he/she is fully responsible to the Owner for the acts and omissions of all subcontractors and lower-tier subcontractors, and persons either directly or indirectly employed by the subcontractors, as well as for the acts and omissions of persons directly employed by the Contractor. The Contractor shall be required to give personal attention to the Work that is sublet. Nothing contained in the-Contract Documents-shall create any contractual relation between any subcontractor and the Owner. ' The Contractor shall be responsible for making sure all subcontractors submit all required documentation, forms,etc. 1-08.2 Assignment The second paragraph of Section 1-08.2 is modified as follows: The Contractor shall not assign any moneys due or to become due to the Contractor hereunder without the prior written consent of the Owner. . The assignment, if approved, shall be subject to all setoffs, withholdings, and deductions required by law and the Contract. 1-08.3 Progress Schedule. Section 1-08.3 is supplemented as follows: The progress schedule for the entire project shall be submitted 7 calendar days prior to the Preconstruction Conference. The schedule shall be prepared using the critical path method (CPM), preferably using Microsoft Project or equivalent software. The schedule shall contain this information, at a minimum: 1. Construction activities, in sufficient detail that all activities necessary to construct a complete and functional project are considered. Any activity that has a scheduled duration exceeding 30 calendar days shall be subdivided until no sub-element has a duration exceeding 30 calendar days. The schedule shall clearly indicate the activities that comprise the critical path. For each activity not on the critical path,the schedule shall show the float, or slack, time. 2. Procurement of material and equipment. 3. Submittals requiring review by the Engineer. Submittal by the Contractor and review by the Engineer shall be shown as separate activities.. 4. Work to be performed by a subcontractor, agent, or any third party. S.. Allowances for delays that could result from normal inclement weather (time extensions due to inclement weather will not be allowed). 6. Allowances for the time required by utilities (Owner's and others)to locate, monitor, and adjust their facilities as required. tThe Engineer may request the Contractor to alter the progress schedule when deemed necessary in the opinion of the Engineer, in the interest of public safety and welfare of the Owner, or for coordination with any other activity of other contractors, the availability of all or portions of the job site, or special provisions of this Contract, or to reasonably meet the completion date of the project. The Contractor shall provide such revised schedule within 10 days of request. If, at any time, in the opinion of the Engineer, the progress of construction falls significantly behind schedule, the Contractor may be required to submit a plan for regaining progress and a revised schedule indicating how the remaining Work items will be completed within the authorized contract time. The Contractor shall promptly report to the Engineer any conditions that the Contractor feels will require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by the Engineer. When such changes are accepted by the Engineer, the revised schedule shall be followed by the Contractor. Weekly Schedule. The Contractor shall submit a weekly progress schedule to the Engineer which sets forth specific Work to be performed the following week, and a tentative schedule for the second week. Failure to Maintain Progress Schedule. The Engineer will check actual progress of the Work against the 31 06/04/2013 progress schedule a minimum of two times per month. Failure, without just cause, to maintain progress in accordance with the approved schedule shall constitute a breach of Contract. If, through no fault of the Contractor, the proposed construction schedule cannot be met, the Engineer will require the Contractor to submit a revised schedule to the Engineer for acceptance. The approved revisions will thereafter, in all respects, apply in lieu of the original schedule. Failure of the Contractor to follow the progress schedule submitted and accepted, including revisions thereof, shall relieve the Owner of any and all responsibility for furnishing and making available all or any portion of the job site, and will relieve the Owner of any responsibility for delays to the Contractor in the performance of the Work. The cost of preparing the progress schedule, any supplementary progress schedules, and weekly schedules shall be considered incidental to the Contract and no other compensation shall be made. 1-08.4 Notice to Proceed and Prosecution of the Work Section 1-08.4 is replaced with the following: (******) Notice to Proceed will be given after the Contract has been executed and the Contract bond and evidence of insurances have been approved and filed by the Owner. The Contractor shall not commence the Work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed date. The Work thereafter shall be prosecuted diligently, vigorously, and without unauthorized interruption until physical completion of the Work. There shall be no voluntary shutdowns or slowing of operations by the Contractor without prior approval of the Engineer.Such approval shall not relieve the Contractor from the contractual obligation to complete the Work within the prescribed Contract Time. 1-08.5 Time For Completion The first five paragraphs of Section 1-08.5 are deleted and replaced with the following: (******) The Work shall be physically completed in its entirety within the time specified in the Contract Documents or as extended by the Engineer. The Contract Time will be stated. in "working days", shall begin on the Notice To Proceed date, or the date identified in the Notice to Proceed as "the first working day", and shall end on the Contract Completion date. A non-working day is defined as a Saturday, a Sunday, a day on which the Contract specifically suspends Work, or one of these holidays: January 1, third Monday of January, Memorial Day, July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. The day before Christmas shall be a holiday when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday when Christmas Day occurs on a Monday, Wednesday, or Thursday. When Christmas Day occurs on a Saturday,the two preceding working days shall be observed as holidays. When Christmas day occurs on a Sunday, the two working days following shall be observed as holidays. When holidays other than Christmas fall on a Saturday, the preceding Friday will be counted as a non-working day and when they fall on a Sunday the following Monday will be counted as a non-working day. The Contract Time has been established to allow for periods of normal inclement weather that, from historical records, is to be expected during the Contract Time, and during which periods, Work is anticipated to be performed. Each successive working day, beginning with the Notice to Proceed date and ending with the Physical Completion date, shall be charged to the Contract Time as it occurs except a day, or part of a day, which is designated a non-working day or an Engineer determined unworkable day. Because the City will be closed and the employees furloughed, the following dates shall also be ' considered non-working days; Friday, May 22, 2009; Friday, September 4, 2009; Monday, October 12, 2009; and Wednesday, November 25, 2009. The Engineer will furnish the Contractor a weekly report showing (1) the number of working days charged against the Contract Time for the preceding week; (2) the Contract Time in working days; (3) the number of working days remaining in the Contract Time; (4) the number of non-working days; and (5) any partial or whole days the Engineer declared unworkable the previous week.This weekly report will be correlated with the Contractor's current approved progress schedule. If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule), and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day, then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. 32 , 06/04/2013 The Contractor will be allowed 10 calendar days from the date of each report in which to file a written protest of an alleged discrepancy in the Contract Time as reported. Otherwise, the report will be deemed to have been accepted by the Contractor as correct. The requirements for scheduling the Final Inspection and establishing the Substantial Completion, Physical Completion, and Completion Dates are specified in Sections 1-05.11 and 1-05.12. Revise the seventh paragraph to read: The Engineer will give the Contractor written notice of the completion date of the Contract after all the Contractor's obligations under the Contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical Work on the project must be complete; and 2. The Contractor must furnish all documentation required by the Contract and required by law, to allow the Contracting Agency to process final acceptance of the Contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls(Federal-aid Projects) b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. ' d. FHWA 47 (Federal-aid Projects) e. Final Contract Voucher Certification f. Property owner releases per Section 1-07.24 Section 1-08.5 is supplemented as follows: Within 10 calendar days after execution of the Contract by the Contracting Agency, the Contractor shall provide the Contracting Agency with copies of purchase orders for all equipment items deemed critical by the Contracting Agency, including but not limited to signal controller materials, lighting standards, and signal standards required for the physical completion of the Contract. Such purchase orders shall disclose the estimated delivery dates for the equipment. All items of Work that can be performed without delivery of the critical items shall start and be completed as soon as possible. At that time, the Engineer may suspend the Work upon request of the Contractor until the critical items are delivered to the Contractor, if the Contracting Agency received a purchase order within 10 calendar days after execution of the Contract by the Contracting Agency. The Contractor will be entitled to only one such suspension of time during the performance of the Work and during such suspension shall not perform any additional Work on the project. Upon delivery of the critical items, contract time will resume and continue to be charged in accordance with Section 1-08. 1-08.6 Suspension of Work Section 1-08.6 is supplemented as follows: Owner may at any time suspend the Work, or any part thereof, by giving notice to the Contractor in writing. The Work shall be resumed by the Contractor within 14 calendar days after the date fixed in the written notice from the Owner to the Contractor to.do so The Contractor shall not suspend Work under the Contract without the written order of the Owner. If it has been determined that the Contractor is entitled to an extension of time the amount of such extension shall be only to compensate for direct delays, and shall be based upon the Contractor's diligently pursuing the Work at a rate not less than that which would have been necessary to complete the original Contract Work on time. 33 06/04/2013 1-08.7 Maintenance During Suspension L Revise the second paragraph to read: At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, driveway, and path for public use during suspension (as required in Section 1-07.23 or the Special Provisions). This may include a temporary road or detour. 1-08.9 liquidated Damages- Section 1-08.9 is supplemented as follows: In addition,the Contractor shall compensate the Owner for actual engineering inspection and supervision costs and any other expenses and legal fees incurred by the Owner as a result of such delay. Such labor costs will be billed to the Contractor at actual costs, including administrative overhead costs. In the event that the Owner is required to commence any lawsuit in order to enforce any provision of this Contract or to seek redress for any breach thereof, the Owner shall be entitled to recover its costs, including reasonable attorneys fees,from the Contractor. 1-08.11 Contractor's Plant and Equipment Section 1-08.11 is a new Section: The Contractor alone shall at all times be responsible for the adequacy, efficiency, and sufficiency of his ' and his subcontractor's plant and equipment. The Owner shall have the right to make use of the Contractor's plant and equipment in the performance of any Work on the site of the Work. The use by the Owner of such plant and equipment shall be considered as extra Work and paid for accordingly. Neither the Owner nor the Engineer assumes any responsibility, at any time, for the security of the site from the time the Contractor's operations have commenced until final acceptance of the Work by the Engineer and the Owner. The Contractor shall employ such measures as additional fencing, barricades, and watchmen service, as he deems necessary for the public safety and for the protection of the site and his plant and equipment. The Owner will be provided keys for all fenced, secured areas. 1-08.12 Attention to Work Section 1-08.12 is a new section: The Contractor shall give his personal attention to and shall supervise the Work to the end that it shall be prosecuted faithfully, and when he is not personally present on the Work site, he shall at all times be represented by a competent superintendent who shall have full authority to execute the same, and to supply materials, tools, and labor without delay, and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. 1-09 MEASUREMENT AND PAYMENT t 1-09.3 Scope of Payment Section 1-09.3 is supplemented by adding the following: (******) The bid items listed in Section 1-09.14 will be the only items for which compensation will be made for the Work described in each section of the Standard Specifications when the Contractor performs the specified Work. Should a bid item be listed in a "Payment" clause-but not in the Proposal Form, and Work for that item is performed by the Contractor and the Work is not stated as included in or incidental to a pay item in the Contract and is not Work that would be required to complete the intent of the Contract per Section 1-04.1, then payment for that Work will be made as for Extra Work pursuant to a Change Order. The words "Bid Item," "Contract Item," and "Pay Item;' and similar terms used throughout the Contract Documents are synonymous. 34 06/04/2013 If the "payment" clause in the Specifications relating to any unit bid item price in the Proposal Form requires that said unit bid item price cover and be considered compensation for certain Work or material essential to the item,then the Work or material will not be measured or paid for under any other unit bid item which may appear elsewhere in the Proposal Form or Specifications. Pluralized unit bid items appearing in these Specifications are changed to singular form. Payment for bid items listed or referenced in the "Payment" clause of any particular section of the Specifications shall be considered as including=a-11-of-the Work-required, specified, or described in that particular section. Payment items will generally be listed generically in the Specifications, and specifically in the bid form. When items are to be "furnished" under one payment item and "installed" under another payment item, such items shall be furnished FOB project site, or, if specified in the Special Provisions, delivered to a designated site. Materials to be "furnished;' or "furnished and installed" under these conditions, shall be the responsibility of the Contractor with regard to storage until such items are incorporated into the Work or, if such items are not to be incorporated into the Work, delivered to the applicable Contracting Agency storage site when provided for in the Specifications. Payment for material "furnished," but not yet incorporated into the Work, may be made on monthly estimates to the extent allowed. 1-09.6 Force Account Section 1-09.6 is supplemented as follows: Owner has estimated and included in the proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of the Contractor's total bid. However, the Owner does not warrant expressly or by implication that the actual amount of Work will correspond with those estimates. Payment will be made on the basis of the amount of Work actually authorized by the Engineer. 1-09.7 Mobilization Section 1-09.7 is supplemented as follows: Mobilization shall also include, but not be limited to, the following items: the movement of Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of an office, buildings, and other facilities necessary for Work on the project; providing sanitary facilities for the Contractor's personnel; and obtaining permits or licenses required to complete the project not furnished by the Owner. This item shall also include providing the Engineer and the Inspectors with access to telephone, facsimile machine, and copy machine during all hours the Contractor is working on the jobsite; and a table and chair for their use when needed. Payment will be made for the following bid item(s): "Mobilization & Demobilization," Lump Sum. 1-09.9 Payments Delete the third paragraph and replace it with the following: Progress payments for completed Work.and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction meeting. The initial progress estimate will be made not later than 30 days after the Contractor commences the Work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the Work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the final payment. 35 06/04/2013 The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form —the approximate quantity of acceptable units of Work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form —the estimated percentage complete multiplied by the Bid Forms amount for each lump sum item,or per the schedule of values for that item. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to job site or other storage area approved by the Engineer. 4. Change Orders—entitlement for approved extra cost or completed extra Work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1); 2. The amount of Progress Payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for Work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any Work has been satisfactorily completed. , Payments will be made by check or electronic transfer, issued by the Contracting Agency's fiscal officer, against the appropriate fund source for the project. Payments received on account of Work performed by a subcontractor are subject to the provisions of RCW 39.04.250. Section 1-09.9 is supplemented as follows: I (******) Applications for payment shall be itemized and supported to the extent required by the Engineer by receipts or other vouchers showing payment for materials and labor, payments to subcontractors, and other such evidence of the Contractor's right to payment as the Engineer may direct. The Contractor shall submit a progress report with each monthly request for a progress payment. The progress report shall indicate the estimated percent complete for each activity listed on the progress schedule (see Section 1-08.3). 1-09.9(1) Retainage Section 1-09.9(1) is supplemented as follows: The retained amount shall be released as stated in the Standard Specifications if no claims have been filed against such funds as provided by law, and if the Owner has no unsatisfied claims against the Contractor. In the event claims are filed, the Owner shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims and to pay attorney's fees. In addition, the Owner shall withhold such amount as is required to satisfy any claims by the Owner against the Contractor, until such claims have been finally settled. , Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if requested, delivers to the Owner a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as the Contractor has knowledge or information, the release and receipts include all labor and materials for which a lien could be filed: but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactorily to the Engineer to indemnify the Owner against the lien. If any lien remains unsatisfied after all payments are made, the Contractor shall reimburse to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable engineer's and attorney's fees. 36 06/04/2013 1-09.9(2) Contracting Agency's Right to Withhold and Disburse Certain Amounts Section 1-09.9(2) is a new section: In addition to monies retained pursuant to RCW 60.28 and subject to RCW 39.04.250, RCW 39.12 and RCW 39.76, the Contractor authorizes the Engineer to withhold progress payments due or deduct an amount from any payment or payments due the Contractor which, in the Engineer's opinion, may be necessary to cover the Contracting Agency's costs for or to remedy the following situations: 1. Damage to another contractor when there is evidence thereof and a claim has been filed. 2. Where the Contractor has not paid fees or charges to public authorities of municipalities, which the Contractor is obligated to pay. 3. Utilizing material tested and inspected by the Engineer,for purposes not connected with the Work (Section 1-05.6). 4. Landscape damage assessments per Section 1-07.16. 5. For overtime Work performed by City personnel per Section 1-08.1(4). 6. Anticipated or actual failure of the Contractor to complete the Work on time: a. Per Section 1-08.9 Liquidated Damages; or b. Lack of construction progress based upon the Engineer's review of the Contractor's approved progress schedule, which indicates the Work will not be complete within the contract time.When calculating an anticipated time overrun,the Engineer will make allowances for weather delays, approved unavoidable delays, and suspensions of the Work.The amount withheld under this subparagraph will be based upon the liquidated damages amount per day set forth in Contract Documents multiplied by the number of days the Contractor's approved progress schedule, in the opinion of the Engineer, indicates the Contract may exceed the Contract Time. 7. Failure of the Contractor to perform any of the Contractor's other obligations under the Contract, including but not limited to: a. Failure of the Contractor to provide the Engineer with a field office when required by the Contract Provisions. b. Failure of the Contractor to protect survey stakes, markers, etc., or to provide adequate survey Work as required by Section 1-05.5. c. Failure of the Contractor to correct defective or unauthorized Work(Section 1-05.8). d. Failure of the Contractor to furnish a Manufacture's Certificate of Compliance in lieu of material testing and inspection as required by Section 1-06.3. e. Failure to submit weekly payrolls, Intent to Pay Prevailing Wage forms, or correct underpayment to employees of the Contractor or subcontractor of any tier as required by Section 1-07.9. f. Failure of the Contractor to pay worker's benefits(Title 50 and Title 51 RCW) as required by Section 1-07.10. g. Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08.3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this Section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency's intent to do so, and if prior to the expiration of the 15-calendar day period, 1. No legal action has commenced to resolve the validity of the claims, and 2. The Contractor has not protested such disbursement. A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this Section will be made. A payment made pursuant to this section shall be considered as payment made under the terms and conditions of the Contract. The Contracting Agency shall not be liable to the Contractor for such payment made in good faith. 1-09.9(3) Final Payment Section 1-09.9(2) is a new section: Upon Acceptance of the Work by the Contracting Agency, the final amount to be paid the Contactor will be calculated based upon a Final Progress Estimate made by the Engineer. Acceptance by the Contractor 37 06/04/2013 of the final payment shall be and shall operate as a release: 1. To the Contracting Agency of all claims and all liabilities of the Contractor, other than claims in stated amounts as may be specifically excepted in writing by the Contractor; 2. For all things done or furnished in connection with the Work; 3. For every act and neglect by the Contracting Agency; and , 4. For all other claims and liability relating to or arising out of the Work. A payment (monthly, final, retainage, or otherwise) shall not release the Contractor or the Contractor's Surety from any obligation required under the terms of the Contract Documents or the Contract Bond; nor shall such payment constitute a waiver of the Contracting Agency's ability to investigate and act upon findings of non-compliance with the WMBE requirements of the Contract; nor shall such payment preclude the Contracting Agency from recovering damages, setting penalties, or obtaining such other , remedies as may be permitted by law. Before the Work will be accepted by the Contracting Agency, the Contractor shall submit an affidavit, on the form provided by the Engineer, of amounts paid to certified disadvantaged (DB), minority (MBE) or women business enterprises (WBE) participating in the Work. Such affidavit shall certify the amounts paid to the DB, MBE or WBE subcontractors regardless of tier. On federally funded projects the Contractor may also be required to execute and furnish the Contracting Agency an affidavit certifying that the Contractor has not extended any loans, gratuity or gift and money pursuant to Section 1-07.19 of these Specifications. If the Contractor fails, refuses, or is unable to sign and return the Final Progress Estimate or any other documents required for the final acceptance of the Contract,the Contracting Agency reserves the right to establish a completion date and unilaterally accept the Contract. Unilateral acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending unilateral acceptance will be provided by certified letter from the Engineer to the Contractor that will provide 30 calendar days for the Contractor to submit the necessary documents. The 30- calendar day deadline shall begin on the date of the postmark of the certified letter from the Engineer requesting the necessary documents. This reservation by the Contracting Agency to unilaterally accept the Contract will apply to contracts that are completed in accordance with Section 1-08.5 for contracts , that are terminated in accordance with Section 1-08.10. Unilateral acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of the provisions under contract or of the responsibility to comply with all laws, ordinances, and federal, state, and local regulations that affect the Contract. The date the Contracting Agency unilaterally signs the Final Progress Estimate constitutes the final acceptance date (Section 1-05.12). 1-09.11 Disputes and Claims 1-09.11(2) Claims Paragraph 5 is revised as follows: Failure to submit with the Final Application for Payment such information and details as described in this section for any claim shall operate as a waiver of the claims by the Contractor as provided in Section 1- 09.9. 1-09.11(3) Time Limitations and Jurisdiction Paragraph 1,Sentence 1 is revised as follows: ...such claims or causes of action shall be brought in the Superior Court of the county where the Work is performed. 1-09.13 Claims and Resolutions 1-09.13(3) Claims $250,000 or Less Delete this Section and replace it with the following: The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbonding ADR processes, shall be resolved through litigation, unless the parties mutually agree in writing to resolve the claim through binding arbitration. 38 1 i 06/04/2013 1-09.13(3)A Administration of Arbitration Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters are located. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(3)B Procedures to Pursue Arbitration Section 1-09.13(3)B is supplemented by adding: The findings and decision of the board of arbitrators shall be final and binding on the parties, unless the aggrieved party, within 10 days, challenges the findings and decision by serving and filing a petition for review by the superior court of King County, Washington. The grounds for the petition for review are limited to showing that the findings and decision: 1. Are not responsive to the questions submitted; 2. Is contrary to the terms of the contract or any component thereof; 3. Is arbitrary and/or is not based upon the applicable facts and the law controlling the issues submitted to arbitration. The board of arbitrators shall support its decision by setting forth in writing their findings and conclusions based on the evidence adduced at any such hearing. The arbitration shall be conducted in accordance with the statutes of the State of Washington and court decisions governing such procedure. The costs of such arbitration shall be borne equally by the City and the Contractor unless it is the board's majority opinion that the Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter case, all costs shall be borne by the Contractor. 1-09.14 Payment Schedule -Measurement and Payment Schedule for Bid Items in This Project Proposal Section 1-09.14 is a new section: GENERAL 1-09.14(1) Scope Section 1-09.14(1) is a new section: A. Payment for the various items of the bid sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations,and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Administration of the U.S. Department of Labor(OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedules, and all costs therefore shall be included in the prices named in the Bid Schedules for the various appurtenant items of Work. B. The Owner shall not pay for material quantities, which exceed the actual measured amount used and approved by the Engineer. C. It is the intention of these specifications that performance of work under bid items shall result in complete construction, in proper operating condition, of improvements identified in these written specifications and accompanying plans. 39 07/03/2013 Work and material not specifically listed in the proposal but required in the Plans, Specifications, and general construction practice, shall be included in the bid price. No separate payment will be made for these incidental items. 1-09.14(2) Bid Items 1-09.14(2)A Site#1 Vegetation Management(Bid Item 01) Section 1-09.14(2)A is a new section: Measurement for"Site#1 Vegetation Management shall be per each visit to the site to provide vegetation management in accordance with Section 8-02.3(3). The per each price shown shall cover the complete cost of providing all labor, materials, equipment, licenses and permits necessary to perform all Work associated with vegetation management on Site#1 per visit including mobilization/demobilization, removal,haul and disposal of material. Payment for"Site#1 Vegetation Management"will be made based on the number of site visits completed per season. Site visits shall occur once per season in the month of September. 1-09.14(2)B Site#2 Vegetation Management (Bid Item 02) Section 1-09.14(2)B is a new Section: Measurement for"Site#2 Vegetation Management shall be per each visit to the site to provide vegetation management in accordance with Section 8-02.3(3). The per each price shown shall cover the complete cost of providing all labor, materials, equipment, licenses and permits necessary to perform all work associated with vegetation management on Site#2 per visit including mobilization/demobilization, removal, haul and disposal of material. Payment for"Site#2 Vegetation Management"will be made based on the number of site visits completed per season. Site visits shall occur once per season in the month of September. 1-09.14(2)C Site#3 Vegetation Management (Bid Item 03) Section 1-09.14(2)C is a new section: Measurement for"Site#3 Vegetation Management shall be per each visit to the site to provide vegetation management in accordance with Section 8-02.3(3). The per each price shown shall cover the complete cost of providing all labor, materials, equipment, licenses and permits necessary to perform all work associated with vegetation management on Site#3 per visit including mobilization/demobilization, removal, haul and disposal of material. Payment for"Site#3 Vegetation Management"will be made based on the number of site visits completed per season. Site visits shall occur once per season in the month of September. 1-09.14(2)D Site#4 Vegetation Management (Bid Item 04) Section 1-09.14(2)D is a new section: Measurement for"Site#4 Vegetation Management shall be per each visit to the site to provide vegetation management in accordance with Section 8-02.3(3). The per each price shown shall cover the complete cost of providing all labor, materials, equipment, licenses and permits necessary to perform all work associated with vegetation management on Site#4 per visit including mobilization/demobilization, removal, haul and disposal of material. Payment for "Site #4 Vegetation Management" will be made based on the number of site visits completed per season. Site visits shall occur once per season in the month of September. 40 07/03/2013 8-02 Roadside Restoration 8-02.3(3) Weed and Pest Control Delete this section in its entirety, and replace it with the following: The following requirements shall apply for vegetation management on the four project sites listed below: SITE#1: UPPER SPRINGBROOK CREEK ECOSYSTEM RESTORATION PROJECT Location/Directions: From SR-167, exit on to SW 43rd Street heading east. Turn left on Talbot Road S. and then left again on S. 55th Street. The site is located on the north side of S 55th Street and east of SR-167 and consists of a stream meandering east to west through a forested wetland. The total area requiring vegetation control is approximately 10 acres. Vegetation control shall stay within the site boundaries defined by the floodplain log weir to the north, the S. 55th Street road shoulder to the south;the box culvert to the east and the stream channel rock wall to the west. See project plan drawing Exhibit B-1 with clouded area identifying areas to be controlled. SITE#2: ELLIOT SPAWNING CHANNEL Location/Directions: From Interstate 405 exit 5 (Bronson Way/Maple Valley Hwy 1-169) head east on Renton- Maple Valley Highway towards Ron Regis Park. Turn left at 149th Avenue SE and turn left into Ron Regis Park. Park near the back restroom area. Walk across the sand soccer field towards the northwest corner with the slight clearing between blackberries bushes. Walk to the right towards the sign. Spawning channel area is to the north near the river. Access is available to the permeable rock bridge located at southeast end of site. Approximate area of vegetation control is 1.0 to 1.5 acres acre along both sides of the upper 1,200 ft of channel and at two upstream planting areas. See project plan drawing B-2 and B-213 with clouded areas identifying areas to be controlled. SITE#3: REPLACEMENT SPAWNING CHANNEL NEAR ROYAL HILLS DRIVE Location/Directions: From Renton City Hall take Benson Road South (southbound) and head over the 1-405 Bridge. Continue up Benson Road S., head uphill.to first light at Puget Drive SE and turn left on Puget Dr SE. Continue uphill on Puget Drive SE, pass water tank on your right,and make a left at next intersection onto Royal Hills Drive SE. Continue straight along Royal Hills Drive SE to dead end. Apartments will be on your left. Park at the dead end area. Walk thru trail to the left that leads through the blackberries bushes. It will be a slight downhill, dirt trail. Walk downhill pass yellow maintenance gate with ecology block to the right. At the bottom of the hill is the Cedar River. Spawning channel begins here. Knotweed shall be removed mostly near the outlet into the Cedar River. Approximate area of vegetation control is 0.25 acres. See project plan drawing B-3 with clouded areas identifying areas to be controlled. SITE#4: LOWER CEDAR RIVER, LEFT BANK—NEXT TO FLOODWALL Location/Directions: From 1-405/1-167 exit to Rainier Avenue S. Head north on Rainier Avenue S. and turn right onto N.Airport Way. N.Airport Way ends at Logan Avenue N.and bear left onto Logan Avenue N. Go over the Logan Avenue Bridge and on the left is Renton Stadium. Park in Renton Stadium lot near the Bridge. Walk over the bridge to the west side of river and see vegetation along the left bank of Cedar River. Approximate area of vegetation control is 1.0 acres. Vegetation control should generally be confined from the floodwall (or top of levee)to 15 feet from the side of wall to the water. See project plan drawing B-4 with clouded areas identifying areas-to be controlled. A. Frequency of Vegetation Control Vegetation control shall occur once per season in the month of September. 41 07/03/2013 B. Targeted Vegetation Control The following targeted vegetation is to be removed from each site: Site 1- Himalayan and Cut Leaf Blackberry, Reed Canary Grass, Purple Loosestrife, English ivy, butterfly bush, scotch broom and Japanese Knotweed. Knotweed is concentrated in open areas along the road shoulder and north of the abandoned stream channel. Site 2 - Himalayan and Cut Leaf Blackberry and Japanese Knotweed. Most of the channel slope has sparse knotweeds and blackberries. Some small areas(less than 20 SF each) have more dense knotweeds. Site 3 - Himalayan and Cut Leaf Blackberry and Japanese Knotweed. Sparse knotweed is generally located along both banks (for 100 lineal feet) closer to the spawning channel outlet. Vehicular access is available downhill for removal of knotweed. Knotweed shall be hand removed and hauled offsite with its roots sprayed afterwards. Site 4- Himalayan and Cut Leaf Blackberry and Japanese Knotweed. For control on Site#4, dense blackberries areas shall be removed by hand, roots sprayed and debris hauled offsite in order to provide 15-feet clear zone from the floodwall. Note: All weeds listed on King County's Class A noxious weeds list shall be controlled on all sites. C. Method of Vegetation Control j With the exception of Japanese Knotweed and Blackberry species,targeted invasive plants shall be controlled using manual methods to the greatest extent possible. Other control methods, including limited spot application of approved herbicide may be used if manual control is not effective or the degree of establishment of targeted invasive plants warrants more aggressive herbicide control. Contractor shall assess each site and determine the most effective method for controlling targeted vegetation within the site limits. Japanese Knotweed shall be controlled exclusively through the use of herbicides. Specific guidelines for the control of Knotweed, Blackberry and Reed Canary Grass are as follows: Knotweed Species Control • Herbicide application will be used to limit the spread. • For plants less than %2 inch in diameter spot spraying of 1%imazapyr will be used (using low pressure and i large droplet size). Extreme caution will be utilized not to spray surrounding native vegetation. • For larger plants (greater than %2 inch) 3ml of undiluted glyphosate will be injected into each cane. • For solid patches of plants-each plant along the outer boundary will be injected with 3ml undiluted glyphosate and the inner plants will be sprayed with 1% imazapyr. • To limit recolinization there will be no mowing within the site or on adjacent stands of knotweed. If the City decides to control adjacent stands,then chemical control will be utilized. • If knotweed is too tall,then a cut and spray may be required with any leaf or stalk fragments from cuttings manually removed offsite, and not dumped on-site or nearby. • Dead plant material will be removed from the site, dried, and disposed of appropriately in accordance with King County's Noxious Weeds Best Management Practices for control and eradication of invasive plants species. Blackberry Species Control • A combination of manual grubbing and herbicide application will be used to limit the spread. • For small isolated plants,grubbing out the rootball will be done with hand pulling tools. 42 07/03/2013 • For larger thickets, plants will be cut at the stems and painted with glyphosate. • Grubbing will occur in June, before berries are present. • Plant material will be removed from the site, dried,and disposed of appropriately in accordance with King County's Noxious Weeds Best Management Practices for control and eradication of invasive plants species. Reed Canary Grass • Manual removal of the entire plant (rhizome, roots, and shoots) using hand tools will be used to limit the spread. Prior to digging out roots, cut back and bag-shoot material in July to prevent seeding. Manually dig up roots in September. • If removal of roots not feasible,then clipping the shoots to stubs will be used to limit photosynthesis.This t method requires regular clipping until the surrounding native plants outcompete the reed canary grass. • Caution will be taken to prevent bank erosion when digging up root material. All removal and disposal techniques shall adhere to King County's Noxious Weeds Best Management Practices for control and eradication of invasive plants species located at: (http://www.kingcounty.gov/environment/animalsAndPlants/noxious-weeds/weed-control- practices/bmp.aspx). During the execution of work,the contractor shall take care not to harm native plants. D. General Herbicide Application Requirements Contractor shall use trained and licensed technicians that only use herbicides approved by the United States Environmental Protection Agency, Food and Drug Administration and the Washington State Department of Agriculture (WSDA). Technicians shall possess a current WSDA Commercial license. The use of herbicides on all four project sites will require WSDA licensed herbicide applicators to have an aquatic endorsement, or persons working under the direct supervision of such an applicator, can purchase and use aquatic pesticide formulations. Also, pesticides must be registered for aquatic use in the State of Washington to be used in aquatic areas in Washington State. Herbicides must have the product labels that specify aquatic use (and that use may further be restricted by state laws or license requirements). Herbicide labels may also have restrictions for use near water or related to water table levels. Contractor shall comply with all requirements of the Aquatic Noxious Weed Control Management General Permit, paying particular attention to Special Permit Conditions S1—S9 for chemical Control of emergent or shoreline noxious weeds.The permit can be found at the following link: (http://www.ecy.wa.goy/programs/wq/pesticides/index.htmi). Posting of Signs around the treatment area will be required in accordance with Special Condition S5 of the Aquatic Noxious Weed Control Management General Permit. Chemical application should not harm existing native plantings and if possible, should be scheduled during a period when no rains are anticipated for two weeks. Reporting Reporting requirements shall be in accordance with Section 1-05.18 43 i Salis luauaa6eueW uo11e1a6an IGGA 000'7 000'Z 000'L 0 M oiaesoalapb A3 puaGa-� £I,OZA4/50 :aleQ paIuud i" �q"..' T ��`.° `S'`,.�i,•,-.,;"�. -. f .-_ "a. 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January 18, 2012 ' Effective Date: February 17,2012 Expiration Date: February 17, 2017 AQUATIC NOXIOUS WEED MANAGEMENT GENERAL PERMIT National Pollutant Discharge Elimination System and State Waste Discharge General Permit Permit Number WAG993000 State of Washington Department of Ecology Olympia, Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United States Code, Section 1251 et seq. ' The Federal Water Pollution Control Act(The Clean Water Act) Until this permit expires, is modified or revoked,Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. ell use md,P.E.,P.G. W er Quality Program Manager ' Washington State Department of Ecology i Issuance Date:. January 18,2012 Effective Date: February 17, 2012 Expiration Date. February 17,2017 AQUATIC NOXIOUS 'VVEEI) lOV1ANAGEMElo1T GENJERA PERMIT National Pollutant Discharge Elimination System and State Waste Discharge General Permit , Permit Number WAG993000 State of.Washington Department of Ecology Olympia,Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) j and Title 33 United States Code, Section 1251 et seq. The Federal Water Pollution Control Act(The Clean Water Act) ' 1 Until this permit expires, is modified or revoked, P,ermittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. ell use md,P.E.,P.G. W er Quality Program Manager Washington State Department of Ecology 1 TABLE OF CONTENTS SUMMARY OF PERMIT REPORT SUBMITTALS....................................................................4 SPECIAL PERMIT CONDITIONS ............................................................................................... 5 t S1. PERMIT COVERAGE.......................................... ... ................................... ......................... 5 A. Activities Covered Under This Permit......................................................................... 5 B. Geographic Area Covered............................................................................................ 5 C. Activities Excluded From Coverage Under This Permit.............................................. 6 S2. APPLICATION FOR COVERAGE..................................................................................... 6 A. Who May Apply for Coverage..................................................................................... 6 B. How to Obtain Coverage.............................................................................................. 6 C. How to Terminate Permit Coverage............................................................................. 7 S3. DISCHARGE LIMITS..................................................................................................... 7 A. Compliance with Standards.......................................................................................... 7 B. Temporary Exceedance of Water Quality Standards ................................................... 8 C. Application Requirements............................................................................................ 8 D. Impaired Water Bodies................................................................................................. 8 E. Protecting Native Vegetation...;.................................................................................... 8 F. Discharge Management Plans (DMPs)......................................................................... 8 S4. THE APPLICATION OF PRODUCTS ............................................................................... 9 A. Prohibited Discharges................................................................................................... 9 B. Authorized Discharges ................................................................................................. 9 C. Experimental Use....................................................................................................... 11 D. General Application Restrictions................................................................................ 12 S5.NOTIFICATION AND POSTING REQUIREMENTS..................................................... 12 I A. Ecology Notification Requirements for Adverse Incidents or Chemical Spills ......... 12 B. Spartina Notification and Posting Requirements....................................................... 12 C. Freshwater Weed Notification and Posting Requirements......................................... 13 S6. MONITORING REQUIREMENTS FOR FRESHWATER EMERGENT PLANTS ....... 14 ST ANALYTICAL PROCEDURES ....................................................................................... 15 S8. REPORTING AND RECORDKEEPING REQUIREMENTS.......................................... 15 A. Annual Treatment/Monitoring Reports...................................................................... 15 B. Records Retention....................................................................................................... 15 C. Recording of Results .................................................................................................. 16 D. Noncompliance Notification....................................................................................... 16 S9. SPILL PREVENTION AND CONTROL.......................................................................... 16 A. Spill Prevention.......................................................................................................... 16 ' B. Spill Notification Requirements................................................................................. 16 C. Spill Cleanup Requirements....................................................................................... 16 S10. APPENDICES.................................................................................................................. 17 GENERALCONDITIONS .......................................................................................................... 18 Gl. DISCHARGE VIOLATIONS............................................................................................. 18 G2. PROPER OPERATION AND MAINTENANCE............................................................. 18 G3. RIGHT OF ENTRY........................................................................................................... 18 G4. PERMIT COVERAGE REVOCATION........................................................................... 18 Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 2 t i G5. GENERAL PERMIT MODIFICATION OR REVOCATION ......................................... 19 j � G6. REPORTING A CAUSE FOR REVOCATION OF COVERAGE .................................. 19 G7. TOXIC POLLUTANTS..................................................................................................... 20 G8. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL REGULATIONS ..... 20 G9. COMPLIANCE WITH OTHER LAWS AND STATUTES............................................. 20 G 10. ADDITIONAL MONITORING....................................................:................................. 20 t G 11. PAYMENT OF FEES...................................................................................................... 20 G 12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT.............................................................:...................................................................... 20 G13. TRANSFER OF PERMIT COVERAGE......................................................................... 21 G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS ........................................... 21 G15. SIGNATORY REQUIREMENTS................................................................................... 21 G16. APPEALS ........................................................................................................................ 22 G17. SEVERABILITY............................................................................................................. 23 G18. DUTY TO REAPPLY ..................................................................................................... 23 , APPENDIX A-DEFINITIONS.................................................................................................... 24 APPENDIX B -PUBLIC NOTICE.............................................................................................. 29 APPENDIX C -POSTING TEMPLATES................................................................................... 31 POSTING TEMPLATES FOR FRESHWATER TREATMENTS........................................ 32 POSTING TEMPLATES FOR SPARTINA TREATMENTS............................................... 42 t t t � 1 t 1 t t Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 3 t SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General'Conditions of this permit for submittal requirements. Table 1. Required permit submittals '- ;x b # ; t y5,n "3"�'$ ,§ �7. � "� *yfr" b"# `` +`3i Permit Submittal t Fre uenc 4� ' q y Due Dates) Sechoni z ' ' ;�z x #: :;p..w., 3 ,��&.*� �-.L DR, � ..,,y .a.:'y✓ 'r. �;'�n ':� S2. Application for new coverage As necessary At least 60 days prior to the start of discharge ' Updated Integrated Pest Management Once per Februar y 1 2013 and S3.17.. Plan for Freshwater Emergent Noxious- permit cycle ' and:Quardntine-Listed Weeds and as updated When updated S5.A. Notification of adverse incidents As necessary As necessary Freshwater emergent weed monitoring S6. - Annually February 1 plan. S&A. Annual monitoring report Annually February 1 S8.D.. Noncompliance notification As necessary As necessary S.9.B. Spill notification As necessary As necessary ' G5. Permit modification As necessary Within 14 days of request 1 G6. Permit revocation As necessary As necessary G13. Request,for transfer of coverage As necessary As necessary Once per At least 180 days prior G.18. Re-Application for permit coverage permit cycle to the permit expiration ' date 1 Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 4 The text of this permit contains words or phrases which are formatted in bold and italics when first used in the document. These words or phrases are defined in Appendix A. SPECIAL PERMIT CONDITIONS S1. PERMIT COVERAGE t The Aquatic Noxious Weed Management General Permit regulates the use of pesticides and other products applied to manage Washington state noxious-and quarantine-listed weeds where pesticides or other products may indirectly enter the surface waters of the state of Washington. A. Activities Covered Under This Permit This general permit covers freshwater and marine noxious- and quarantine-listed weed , management activities that result in a discharge of herbicides,adjuvants, and marker dyes(referred to hereafter as chemicals) indirectly into streams,rivers, estuaries,marine areas, wetlands, along lake shorelines, and other wet areas. The permit also covers the treatment of noxious- and quarantine-listed vegetation for roadside/ditch bank management activities where chemicals may indirectly enter the water. This permit does not apply to the in-water application of chemicals directly into lakes ponds, streams, or rivers to manage freshwater noxious- and quarantine-listed weeds. The Aquatic Plant and Algae Management General Permit is the appropriate permit for those activities. Plants authorized for treatment under this permit include: 1. Noxious weeds as identified in chapter 16.750 of the Washington Administrative Code(WAC). 2. Plants listed on the Washington State Department of Agriculture's (WSDA) quarantine list as identified in chapter 16.752 WAC. 3. Non-native and potentially invasive plants not listed on the above lists, as determined by the Washington State Noxious Weed Control Board(WSNWCB), WSDA, the Washington Invasive Species Council, or the Washington State Department of Ecology(Ecology). B. Geographic Area Covered This permit covers the activities listed in S 1.A throughout surface waters of the state of Washington, except for federal and tribal lands. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 5 C. Activities Excluded From Covera ge Under This Permit Ecology will not require coverage under this permit for the use of chemicals on the following sites: ! 1. Constructed detention or retention ponds designed specifically for wastewater or stormwater treatment that do not discharge to other water bodies during and for two weeks after treatment, or where Ecology regulates the discharge under another permit that allows chemical treatment. 2. Any constructed water body five acres or less in surface area with no discharge to other surface waters of the state during and for two weeks after treatment. 3. Any constructed water body ten acres or less in surface area under single ownership with no public access and no discharge to other surface waters of the state during and for two weeks after treatment. 4. Upland farm ponds with no discharge to other surface waters of the state during and for two weeks after treatment. 5. Treatment conducted on seasonally dry land surfaces(including seasonally dry wetlands) so long as the treatment occurs when the area is dry and the active ingredient is not biologically available when the water returns. t6. Research activities when applying chemical or products to water bodies under a State Experimental Use Permit(see S4.C.). ! S2. APPLICATION FOR COVERAGE A. Who May Apply for Coverage This permit covers activities outlined in S 1.A performed by government entities, non- governmental organizations, and private applicators. WSDA may contract with other state or local government entities, non-governmental organizations, and private applicators or individuals to treat plants specified in S 1.A. of this permit. Contractors, called"limited agents" by WSDA must comply with the permit.Either the Permittee or its contractor(per individual agreement) may carry out notification, monitoring, reporting, documentation, planning, and other administrative permit tasks. B. How to Obtain Coverage The applicant must: 1. Submit an application for coverage no later than 60 days prior to the planned discharge date. A complete application must include a complete and signed Notice of Intent(NOI), and a State Environmental Policy Act(SEPA) checklist. ' Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 6 I 2. Publish public notice twice, one week apart, in a local newspaper of general circulation that an application for permit coverage has been made pursuant to WAC 173-226-130(5). 3. Publish the public notice only after Ecology has received the complete application for coverage. 4. Use the applicant Public Notice Template provided in Appendix B of this permit. The applicant may add additional information to the template as long as the required information remains as stated on the template. 5. Submit an original copy of the portion of the newspaper publication containing the Public Notice and the newspaper date to Ecology for each week the Public Notice is published, or submit a signed, notarized affidavit of publication indicating what is included in the Public Notice and the dates that the Public Notice will be published. 6. At the end of the 30-day comment period, Ecology will consider comments about the applicability of this permit to the proposed plant treatment activity before issuing a decision on permit coverage. If the applicant does not receive notification of a coverage decision from Ecology, coverage under this permit will begin automatically on the.61 st day following Ecology's acceptance of a completed NOI. C. How to Terminate Permit Coverage g A Perm ittee may request termination of permit coverage by submitting a Notice of Termination form(NOT) to Ecology. Every July 1, the Permittee will continue to incur an annual permit fee unless it submits a NOT. �. S3. DISCHARGE LIMITS A. Compliance with Standards 1. The application of chemicals must not cause or contribute to a violation of the Water Quality Standards for Surface Waters of the State of Washington(chapter 173-201A WAC), Ground Water Quality Standards (chapter 173-200 WAC), Sediment Management Standards(chapter 173-204 WAC), and human health=based criteria in the National Toxics Rule (40 CRF 131.36). Ecology prohibits discharges that do not comply with these standards. 2. Permittees must use all known, available, and reasonable methods of pollution , control,prevention, and treatment(AKART) when applying chemicals. Compliance with this permit, the Washington Pesticide Control Act, the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA) label, and all other applicable federal, state, and local laws constitute AKART. Aquatic Noxious Weed Management General Permit—January 18, 2012 , Page 7 I, B. Temporary Exceedance of Water Quality Standards Short and long-term exceedance of water quality standards are allowed under this permit provided the Permittee complies with the provisions of WAC 173-201A-410. C. Application Requirements 1 . The Permittee must fully comply with the FIFRA label. Nothing in this permit relieves the Permittee from meeting the requirements on the FIFRA label. The Permittee must ensure that: 1. A licensed pesticide applicator, with the appropriate WSDA license and certification, has direct supervision responsibilities for the use of pesticides during application. ` 2. All applicators have current training in the use of equipment necessary to apply chemicals correctly and that they use approved application techniques. 3. Appropriately trained personnel calibrate the application equipment for the chemical used. 1 D. Impaired Water Bodies The Permittee must not cause further impairment of any 303(d)-listed water body for any 1 parameter. See www.ecy.wa.gbv/programs/wq/303d/index.html for listed water bodies. E. Protecting Native Vegetation In identified and/or emergent g wetlands and other areas with native vegetation, the Permittee must make reasonable efforts to protect native plants when applying chemicals. F. Discharge Management Plans (DMPs) The WSDA Integrated Pest Management Plan for Freshwater Emergent Noxious- and Quarantine-Listed Weeds covers the discharge of chemicals to manage freshwater noxious weeds and incorporates the principles of integrated pest management(IPM). It is equivalent to a DMP. 1. The Permittee must update this plan and any addendums, submit the plan to Ecology by February 1, 2013, and post the updated plan on its website. 2. When the Permittee is WSDA, contactors operating under WSDA permit coverage Imust adopt and follow the plan's IPM principles. 3. New applicants must adopt and follow the WSDA plan's IPM principles or develop its own IPM plan(s), which Ecology must approve in advance of any treatment. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 8 l S4. THE APPLICATION OF PRODUCTS A. Prohibited Discharges t 1. Ecology prohibits treatment that causes oxygen depletion to the point of stress or lethality to aquatic biota from plant die-off,—the mortality of aquatic vertebrates, or unintended impacts to water quality or biota. 2. This permit does not authorize any direct application of chemicals into the water. Ecology covers in-water treatment of noxious weeds such as Eurasian watermilfoil under its Aquatic Plant and Algae Management Permit. B. Authorized Discharges 1. Beginning on the effective date of this permit and until Ecology modifies,reissues, or j revokes this permit; this permit authorizes the Permittee to discharge the chemicals listed in the permit indirectly into surface waters of the State,provided that the discharge meets the terms and conditions of the permit. 2. This permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights. 3. The Permittee may apply the following listed active ingredients that are labeled for use on aquatic sites indirectly to waters of the state: a. Bispyribac-sodium: sodium, 2,6-bis [(4,6-dimethoxy-pyrimidin-2-yl)oxy] benzoate I b. Carfentrazone-ethyl: Ethyl a,2-dichloro-5-[4-(difluoromethyl)-4,5-dihydro-3- methyl-5-oxo-1 H-1,2,4-triazol-l-yl]-4-fluorobenzenepropanoate c. 2',4-D: 2,4-Dichlorophenoxyacetic acid, dimethylamine salt . d. Flumioxazin: 2-[7-fluro-3,4-dihydro-3-oxo-4-(2-propynyl)-2H-1,4-benzoxazin-6- yl]-4,5,6,7-tetrahydro-lH-isoindole-1,3(2H)-dione; an herbicide of the N- phenylphthalimide class e. Glyphosate: N-(phosphonomethyl)glycine, isopropylamine salt f. Imazamox: 2-[4,5-dihydro-4-methyl-(1-methylethyl)-5-oxo-1 H-imidazol-2-yl]-5- (methoxymethyl)-3-pyridinecarboxylic acid g. Imazapyr: 2-(4,5-dihydro-4-methyl-4-(1-methyleth7yl)-5-oxo-1 H-imidazol-2-yl)- 3-pyridinecarboxylic acid Aquatic Noxious Weed Management General Permit—January 18, 2012 ' Page 9 h. Penoxsulam: 2- 2 2-difluoroethox --6- trifluorometh l-N- 5 8-dimethox 1 2 4 � , Y) � Y � , YL „ ] triazolo[1,5-c]pyrimidin-2-yl))benzenesulfonamide i. Triclo PYr TEA: Trieth lamine salt of 3,5,6-trichloro-2-pYr id lox acetic acid 4. The Permittee may apply the adjuvants listed in Table 2 indirectly to waters of the State. Table 2—Adjuvants 00% 3 risk �kt� r�l •r � "�'S Ac�uvant(TradeNme) 3� � Product use , r ...F..,rM -C �^, Agri-DexTM Crop oil concentrate Aqu $urfr”, Surfactant BondTM Spreader, sticker, and deposition aid tBronc MaxT"' Water conditioning agent Water conditioning agent, Bronc Plus Dry-EDTTM surfactant, deposition aid, and anti- foam agent Class Act NGTM Water conditioning agent and surfactant CompetitorTM Modified vegetable oil and surfactant Cut- UteTM Water conditioning agent Cygnet PIusTM Surfactant and modified vegetable oil DestinyHCTM Modified vegetable oil and snrfactant Dyne-AmicTM Modified vegetable oil and surfactant TM Water conditioning agent and Exciter surfactant FractionTM Water conditioning agent InterlockTM Deposition aid and drift control agent KineticTM Surfactant ' Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 10 li Adjuvant(Trade Name)g � '`�� Boom Level 7T.M Surfactant, water conditioning agent,and acidifier LI-700TM Surfactant, acidifier, deposition aid, and drift control agent LiberateTM Sur an factt;deposition aid, and drift control agent , MagnifyTM Water conditioning agent and surfactant Water'conditiomng agent, �. Orie-Ap XLTM surfactant, deposition aid, and antifoaming agent' Pro AMS PIusTM Water conditioning agent and surfactant SinkerTM. *` Carrier, drift control agent;.and deposition aid_. Spray-RiteTM Water conditioning agent I Superb HCTM High surfactant oil concentrate TacticTM Spreader/sticker and deposition aid TronicTM Surfactant r 5. The Permittee may apply marker dyes indirectly to waters of the State. C. Experimental Use The Permittee may apply chemicals not listed in this permit on a limited basis in the context of a research and development effort under the jurisdiction of the Environmental . 1 Protection Agency(EPA)through the issuance of a federal experimental use permit(40 CFR 172) and the WSDA through the issuance of a state experimental use permit(EUP). 1. r Project o J proponents must obtain coverage under this general permit for any protects conducted under a federal EUP, unless the project proponent conducts the project at a site excluded from coverage under this permit. The Permittee must operate under both ' federal and state experimental use permits for projects over one acre. 2. Ecology does not require coverage under this general permit for research and development projects of one acre or less in size where the project proponent operates under a state EUP (issued by WSDA). A uatic Noxi ous W eed Management General Permit— Janua ry 18, 2012 ' Page 11 D. General Application Restrictions iWhen a treatment occurs in a highly populated or residential area, Permittees must not apply chemicals on weekends, Memorial Day, the 4th of July, and Labor Day without prior consent by the property owner(s) or manager(s). i S5. NOTIFICATION AND POSTING REQUIREMENTS A. Ecology Notification Requirements for Adverse Incidents or Chemical Spills The Permittee must immediately call Ecology headquarters at 360-407-6600 or 1-800- t6457-911 and discontinue treatment when they are aware of any of the following conditions occurring during or after a treatment: 1. Any person(s) exhibiting or indicating any toxic and/or allergic response because of treatment. 2. Any fish or fauna exhibiting stress or dying inside or outside of a treated area. 3. Any spill of chemicals covered under the permit that occurs into the water or onto land with a potential for entry into waters of the state. B. Spartina Notification and Posting Requirements 1. Notification Requirements 1 a. Using the legal notice for Spartina treatments in Appendix B and before the first treatment of the year, the Permittee must publish notice in the Washington State Register and on its website. b. The Permittee must issue a press release announcing the upcoming Spartina treatment season. 2. Posting Requirements The Permittee must: a. Post all public access areas (as identified in the Washington Public Shore Guide— 1 Marine Waters) that are within two miles of a treated area using the Spartina templates provided in Appendix C. The Permittee may add additional treatment- related information to the sign, as needed. b. Post signs before starting treatment. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 12- c. Post signs so they are secure from the normal effects of weather but cause minimal damage to private or public property. d. Post signs in English and the language, if other than English, commonly spoken by the community that uses the area. e. Remove all signs at the end of the treatment season. C. Freshwater Weed Notification and Posting Requirements 1. Notification Requirements a. The Permittee must notify private residents/businesses immediately adjacent to any treated area before chemical application, or as an alternative to notification, post the treated area(see d. below). The Permittee may provide notice the same day as treatment. b. If notifying under La., the Permittee must provide notice to the resident/business by a notification form, letter, flyer, or a personal conversation. The notice must explain the purpose of the treatment, identify the herbicide used, any re-entry or water use restrictions, and provide the location of the treated area(s) in relation to the residence/business. c. Ecology does not require posting on private properties that do not have any public access areas so long as the Permittee follows the notification procedure in S5. C.l.b. d. Instead of notification, the Permittee may post the treated areas on private properties where advance notification of adjacent landowners is difficult. Where it is obvious that many people other than landowners are accessing the site, the Permittee must post the treated area. In these situations, the Permittee must follow the posting requirements outlined in S5.2.—Posting Public Access Areas. e. The Permittee need not post or provide notification in private areas with limited site accessibility where people are highly unlikely to enter treated areas. 2. Posting Public Access Areas The permittee must post signs around the treated area any time the treated site is within 200 feet of a public access area. Public access areas include swimming beaches, public boat launches, parks, resorts, community areas,privately owned community access areas, and any other area where the public may readily access the treated areas. a. The Permittee must use the freshwater templates provided in Appendix C, but may add additional treatment-related information to the sign, as needed. If Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 13 applying more than one chemical in an area , the Permittee must list all herbicides on the sign. b. Signs must be a minimum size of 8 %2 b 11 inches. g Y c. The Permittee must place the signs within 10 feet of the edge of the treated area and at each end of the treated area. Where the treated area has a shoreline length greater than 150 feet and the public has access, the Permittee must post, at a minimum, one sign for every 100 feet of shoreline. Where noxious weeds occur sporadically within an area, the Permittee may consider flagging them. d. The Permittee must: Post the signs before treatment but no more than 48 hours before treating. i. Post signs so that they are secure from the normal effects of weather but cause minimal damage to property. ii. Remove signs after the reentry period has expired. iii. Post signs in English and the language, if other than English, commonly spoken by the community that uses the area. S6. MONITORING REQUIREMENTS FOR FRESHWATER EMERGENT PLANTS A. The Permittee must submit an annual monitoring plan to Ecology by February 1 of each year. 1. The annual monitoring plan must provide proposed monitoring locations and list the active ingredients proposed for monitoring. If the Permittee adds additional monitoring locations or active ingredients later in the treatment season, the Permittee must amend the plan to include the new information. 2. The Permittee must monitor a subset of treatments when using imazamox,bispyribac- Isodium,penoxsulam, flumioxazin, carfentrazone-ethyl for emergent plant treatment. Ecology does not require monitoring for glyphosate, imazapyr, 2,4-D, and triclopyr. 3. If monitoring shows little to no herbicide residues entering the water adjacent to treated areas, Ecology may suspend any further monitoring for freshwater emergent weed herbicide applications under this permit. B. After Ecology's approval of the annual monitoring plan, the Permittee must post the monitoring plan, any amendments to the plan, and the final annual monitoring data to its website. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 14 S7. ANALYTICAL PROCEDURES A. The Permittee must use either an EPA method or one of the methods specified in STB or I STC. to fulfill the analytical requirements of this permit. B. The Permittee must ensure that a laboratory registered or accredited for the active ingredient(s)prepares all monitoring data submitted for this permit under the provisions of chapter 173-50 WAC, Accreditation of Environmental Laboratories. , C. Analyses conducted using enzyme linked immunosorbent assay(ELISA) methods may substitute for the requirements in S7.B. S8. REPORTING AND RECORDKEEPING REQUIREMENTS The Permittee must submit pesticide information in accordance with the following conditions. A. Annual Treatment/Monitoring Reports 1. Annual monitoring reports must be submitted by February 1 of each year. A signed and dated copy of the reports must be submitted to: Department of Ecology Water Quality Program Attn: Aquatic Pesticide Permit Manager P.O. Box 47600 Olympia, WA 98504-7600 2. The Permittee must submit an annual treatment/monitoring report regardless of whether treatment or monitoring occurred. This report must include water body name, dates treatment occurred, chemicals used, amount of active ingredient applied, acreage treated, monitoring results, and the plant species targeted. B. Records Retention . 1. The Permittee must retain records of all permitting and monitoring information for a minimum of five (5) years. Such information must include copies of all reports required by this permit and records of all data used to complete the application for this permit. 2. The Permittee must keep records longer in the event of any unresolved litigation �. regarding the discharge of pollutants by the Permittee or when requested by Ecology. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 15 3. The Permittee must make the records,reports, surveys,plans,public notices (including a list of locations or addresses to which they were delivered), and other information required by this permit available to Ecology on request. C. Recording of Results . For each measurement or sample taken the Permittee must follow the recording g provisions outlined in WAC 173-226-090 (2). D. Noncompliance Notification In the event the Permittee is unable to comply with any of the terms and conditions of this permit for any cause, the Permittee must immediately stop the activity causing the noncompliance, correct the problem, notify Ecology of the failure to comply, and return to compliance as quickly as possible. S9. SPILL PREVENTION AND CONTROL A. Spill Prevention The Permittee must: 1. Handle, store, and use all oil, fuel, chemicals, or products authorized under this permit in a manner that prevents spills. 2. Ensure that it maintains all mobile equipment to prevent leaks or spills of petroleum products. 3. Have absorbent materials available at the application site for cleanup or the spill containment materials recommended in the Material Safety Data Sheet for that product, including appropriate cleanup materials for a spill of the products being applied. B. Spill Notification Requirements The Permittee must immediately report spills to Ecology by calling 1-899-6457-911. See www.ecy.wa..ov/programs/spills/other/reportaspill.htm for more environmental reporting information. C. Spill Cleanup Requirements 1. In the event of a spill, the Permittee must begin immediate containment and cleanup using appropriate materials. Spill cleanup takes precedent over normal work. Aquatic'Noxious Weed Management General Permit—January 18, 2012 Page 16 2. Cleanup includes proper disposal of any spilled materials and used cleanup materials. S10. APPENDICES The attached appendices are incorporated by reference into this permit. APPENDIX A—DEFINITIONS APPENDIX B—PUBLIC NOTICE APPENDIX C—SIGN TEMPLATES Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 17 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS tAll discharges and activities authorized by this.general permit must be consistent with the terms and conditions of this permit.The discharge of any pollutant more frequently than, or at a concentration in excess authorized by this permit, constitutes a violation of the terms and conditions of this permit. G2. PROPER OPERATION AND MAINTENANCE The Permittee must at all times properly operate and maintain all systems of treatment and control to achieve compliance with the terms and conditions of the general permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision.requires the operation of back-up or auxiliary systems which are installed by a Permittee only when the operation is necessary to achieve compliance with the conditions of this permit. The Permittee must not allow concentrations of the product(s) to exceed FIFRA label requirements. G3. RIGHT OF ENTRY The Permittee must allow an authorized representative"of Ecology, upon the presentation of credentials and such other documents as may be required by law, at reasonable times: 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 general permit; B. To have access to and to copy any records that must be kept under the terms and conditions of the permit; C. To inspect any posting, monitoring equipment, or method of monitoring required in this permit; D. To inspect any collection, treatment, pollution management, or discharge facilities; and � f E. To sample any discharge of pollutants. G4. PERMIT COVERAGE REVOCATION Pursuant to chapter 43.21B RCW and chapter 173-226 WAC, the Director may require any discharger authorized by this general permit to apply for and obtain coverage under an- individual permit or another more specific and appropriate general permit. Cases where revocation of coverage may be required include,but are not limited to the following: Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 18 A. Violation of any term or condition of this general permit. B. Obtaining coverage under this general permit by misrepresentation or failure to disclose fully all relevant facts. C. Failure or refusal of the Permittee to allow entry as_required_in RCW 90.48.090. D. A determination that the permitted activity endangers human health or the environment, or significantly contributes to water quality standards violations. E. Nonpayment of permit fees or penalties assessed pursuant to chapter 90.48.465 RCW and chapter 173-224 WAC. F. Failure of the Perm ittee to satisfy the public notice requirements of WAC 173-226- 120(5),when applicable; or Permittees who have their coverage revoked for cause according to WAC 173-226-240, may request temporary coverage under this permit during the time an individual permit is being developed,provided the request is made within ninety(90) days from the time of revocation and is submitted along with a complete individual permit application form. G5. GENERAL PERMIT MODIFICATION OR REVOCATION This permit may be modified, revoked and reissued, or terminated in accordance with the provisions of chapter 173-226 WAC. Grounds for modification or revocation and reissuance include,but are not limited to, the following: A. When a change that occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the Federal Water Pollution Control Act or chapter 90.48 RCW for the category of dischargers covered under this general permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this general permit is approved. D. When information is obtained which indicates that cumulative effects on the environment from dischargers covered under this general permit are unacceptable.. G6. REPORTING A CAUSE FOR REVOCATION OF COVERAGE A Permiee who knows or has reason to believe that any activity has occurred or will occur which would constitute cause for revocation under condition G5 above or 40 CFR 122.62 must report such information to Ecology so that a decision can be made on whether action to revoke coverage under this general permit will be required. Ecology may then require submission of a new application for coverage under this or another general permit or an Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 19 application for an individual permit. Submission of a new application does not relieve the Permittee of the duty to comply with all the terms and conditions of the existing general permit until the new application for coverage has been approved. G7. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. G8. OTHER REQUIREMENTS OF TITLE 40 CODE OF FEDERAL REGULATIONS All other applicable requirements of 40 CFR 122.41 and 122.42 are incorporated in this general permit by reference. G9. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit excuses the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G10. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this general permit by administrative order or permit modification. GI I. PAYMENT OF FEES Th e Permittee must submit payment of fees associated with this permit as assessed by Ecology. Ecology may revoke this permit coverage or take enforcement, collection, or other actions, if the permit fees established under chapter 173-224 WAC are not paid. G12. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER A GENERAL PERMIT ` Any discharger authorized by this general permit may request to be excluded from coverage under this general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, I whichever is applicable, with reasons supporting the request. The reasons must fully document how an individual permit will apply to the applicant in a way that the general permit cannot. The Director may either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 20 discharger otherwise subject to this general permit, the applicability of this general permit to that Permittee is automatically terminated on the effective date of the individual permit. G13. TRANSFER OF PERMIT COVERAGE This permit coverage may be automatically transferred to a new Permittee if. A. The Permittee_notifies Ecology at least 30 days in advance of the proposed transfer date. B. The notice includes a written signed agreement between the existing mittee g g g and new Per containing a specific date for transfer of permit responsibility, coverage, and liability between them. C. Ecology does not notify existing Permittee and the proposed new Permittee of its intent to modify or revoke coverage. G14. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit is deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment in the discretion of the court. Each day upon which a willful violation occurs maybe deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit will incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars($10,000) for every such violation. Each and every violation is a separate and distinct offense, and in case of a continuing violation, every day's continuance shall be deemed to be a separate and distinct violation. G15. SIGNATORY REQUIREMENTS All applications, reports, or information submitted to Ecology must be signed and certified. j A. In the case of a municipal, state, or public facility, all permit applications must be signed by a principal executive officer or ranking elected official. In the case of a corporation, partnership, or sole proprietorship, all permit applications must be signed by either a principal executive officer of at least the level of vice president of a corporation, a general partner of a partnership, or the proprietor of a sole proprietorship. B. All reports required by this permit and other information requested by Ecology shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only i£ Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 21 I. The authorization is made in writing by a person described above and submitted to Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of a regulated facility, such as the position of plant manager, superintendent,position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. (A duly authorized representative may thus be either a named individual or any individual occupying a named position). C. Changes to authorization. If an authorization under paragraph 13.2. above is no longer accurate because a different individual or position has responsibility for environmental matters, a new authorization satisfying the requirements of paragraph 13.2. must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiries of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. G16. APPEALS The terms and conditions of the Aquatic Noxious Weed Management general permit are subject to appeal. There are two different appeal categories: A. The permit terms and conditions as they apply to the appropriate class of dischargers are subject to appeal within thirty(3 0) days of issuance of this general permit in accordance with chapter 43.21(B) RCW and chapter 173-226 WAC; and B. The applicability of the permit terms and conditions to an individual discharger are subject to appeal in accordance with chapter 43.21(B) RCW within thirty(30) days of the effective date of coverage of that discharger. An appeal of the coverage of this permit to an individual discharger is limited to applicability or non-applicability to that same discharger. Appeal of this permit coverage of an individual discharger will not affect any other individual dischargers. If the terms and conditions of this general permit are found to be inapplicable to any discharger (s), Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 22 the matter must be remanded to Ecology for consideration of issuance of an individual permit or permits. G17. SEVERABILITY The provisions-of this general permit are severable, and if any provision of this general permit,or application of any provision of this general permit to any circumstance, is held invalid,the application of such provision to other circumstances and the remainder of this general permit shall not be affected thereby. G18. DUTY TO REAPPLY The Permittee must reapply for coverage under this general permit at least one hundred and eighty(180) days prior to the specified expiration date of this general permit. An expired general permit continues in force and effect until Ecology issues a new general permit or until Ecology cancels it. Only those Permittees that reapply for coverage are covered under the continued permit. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 23 APPENDIX A - DEFINITIONS All definitions listed below are for use in the context of this .ermit only. Y 303(d): Section 303(d) of the federal Clean Water Act requires states to develop a list of polluted water bodies every two years. For each of those water bodies,the law requires states to develop Total Maximum Daily Loads (TMDLs). A TMDL is the amount,of pollutant loading that can occur in a given water body(river, marine water, wetland, stream, or lake) and still meet water quality standards. Adjuvant: An additive, such as a surfactant, that enhances the effectiveness of the primary chemical(active ingredient). Adverse incident: An unusual or expected incident in which: 1. There is evidence that a person or non-target organism has likely been exposed to a pesticide residue, and 2. The person or non-target organism suffered a toxic or adverse effect. Toxic or adverse effects include effects that occur within waters of the State on non-target plants, fish, or wildlife that are unusual or unexpected (e.g., effects are to organisms not otherwise described on the product label or otherwise expected to be present)because of exposure to a pesticide residue, and may include: • Distressed or dead fishes. • Unexpected stunting, wilting, or desiccation of non-target submersed or emergent aquatic plants. • Other dead or visibly distressed non-target aquatic organisms (amphibians, turtles, invertebrates, etc.). The phrase, "toxic or adverse effects", also includes any adverse effects to humans(e.g., skin rashes) or domesticated animals that occur either from direct contact with, or as a secondary effect from a discharge(e.g., sickness from consumption of plants or animals containing pesticides) to waters of the State that are temporally and spatially related to exposure to a pesticide residue (e.g., vomiting, lethargy). All known, available, and reasonable methods of pollution control,prevention, and treatment: (AK4R7): A technology-based approach to limiting pollutants from discharges. Described in chapters 90.48 and 90.54 RCW and chapters 173-201A, 173-204, 173-216 and 173- 220 WAC. Applicant: The entity choosing to get coverage under this permit. Constructed water body: A constructed water body created in an area that was not part of a previously existing watercourse, such as a pond, stream, wetland, etc. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 24 Detention or retention onds: Constructed water bodies specifically designed to P p Y esne g manage stormwater. Detention ponds are generally dry until a significant storm event. Retention(wet) ponds have a permanent pool of water and gradually release stormwater through an outlet. Directly: The purposeful application of chemicals into surface waters of the state to manage the growth of submersed plants such as Eurasian watermilfoil where the intent is to add herbicides to the water to,kill the plant. Herbicide application for plants such as fragrant water lily that grows in shallow water requires coverage under the Aquatic Plant and Algae Management permit rather than the Noxious Aquatic Weed Management permit because significant amounts of herbicide may directly enter the water through its treatment. Direct supervision responsibilities: Direct supervision by aquatic certified applicators means direct on-the-job supervision and requires that the certified applicator be physically present at the application site and that the person making the application be in voice and visual contact with the certified applicator at all times during the application. Licensed certified applicators may directly supervise unlicensed applicators. Discharge Management Plan: A plan to help people reduce the use of pesticides to manage noxious weeds and that incorporates principles of integrated pest management. Federal experimental use permit: A permit issued by the EPA allowing use of pesticides that are not registered, or for experiments involving uses not allowed by the pesticide label. Aquatic applications often exceed one acre. Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA): A set of EPA regulations that establishes uniform pesticide product labeling, use restrictions, and review and labeling of new pesticides. Herbicide: Any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed or other higher plant(see chapter 17.21.020 RCW). Highly populated or residential area: In area such as in a city or suburb where a large number of people may be potentially affected by an herbicide treatment or an area like a park where many people may be affected by a treatment. Identified and/or emergent wetlands: Wetlands identified by local, state, or federal agencies as being important wetlands. Plants growing with their roots underwater and foliage extending above the water(emergent plants) characterize emergent wetlands(marshes). Indirectly: The purposeful application of a chemical to a weed where there may be inadvertent 1 and incidental overspray or dripping of chemical from the plant into waters of the State. The applicator does not intentionally add the chemical to the water to treat the plant(as occurs during in-water treatments for submersed plants such as Eurasian watermilfoil). Indirect application to water may occur into adjacent water bodies or wetlands,particularly when treating plants where the roots may be submerged and the foliage is above water. An example is the control of knotweeds along riparian corridors—the applicator applies herbicide to the plant, but there may Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 25 be some inadvertent overspray into the water or the herbicide can drip from the plant into a stream. Inte g rated Pest Management: An ecologically based strate gy f o r pest control that incorporates monitoring, and biological;physical, and chemical controls in order to manage pests with the least possible hazard to humans, the environment, and property. Integrated pest management considers all management actions, including no action. In-water treatment: The application of an aquatic herbicide to the water to control the growth of mainly submersed plants. In-water treatment also includes controlling plants that typically grow in shallow water(like fragrant water lily)where treatment can result in significant quantities of herbicide directly entering the water. Licensed pesticide applicator: Any individual licensed as a commercial pesticide applicator, commercial pesticide operator,public operator,private-commercial applicator, demonstration and research applicator, or certified private applicator, or any other individual who is certified by the director of WSDA to use or supervise the use of any pesticide which is classified by the EPA as a restricted use pesticide or by the state as restricted to use by certified applicators only. WSDA classifies aquatic herbicides as restricted use pesticides. Limited agents: When the weed being controlled is covered under the authority of a program at WSDA, individuals,governments, and non-governmental organizations may contract with WSDA and operate under the WSDA coverage. These entities are known as"limited agents" and must follow all permit conditions and provisions. Marker dyes: Colorants sprayed onto the targeted weed along with the herbicide..Marker dyes allow better targeting of herbicide sprays since treated and untreated areas are more clearly seen by the applicator. Non-governmental organizations: Entities such as the Nature Conservancy that may have a role in managing noxious weeds. Many non-governmental organizations are non-profit. Non-native:A plant living outside of its-natural or historical range of distribution. Plants considered non-native were not present in Washington prior to European settlement. Most non- native plants are not noxious weeds. Notice of Intent(NOI): An application to obtain coverage under an NPDES permit. Noxious weed: A legal term defined in chapter 17.10 RCW that means a non-native plant that when established is highly destructive, competitive, or difficult to control by cultural or chemical practices. The Washington State Noxious Weed Control Board maintains a legal list of noxious weeds (see chapter 16.750 WAC for the current list of noxious weeds). Pesticide: WAC 15.58.030 (3 1) "Pesticide" means, but is not limited to: Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 26 I 1 � a An substance or mixture of substances intended to prevent, destroy, control repel, or Y p Y, mitigate any insect,rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest or which the director may declare to be a pest; b) Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and c) Any spray adjuvant (see chapter 17.21.020 RCW). Potentially invasive plants: Plant species that are not indigenous to the region, have been shown to have invasive tendencies, and have a probability of becoming listed as a noxious weed. Public Access: Identified legal passage to any of the public waters of the State, assuring that the public has access to and use of these waters for recreational and other purposes. Public access areas include public-or community-provided swimming beaches,picnic areas, docks, marinas, and boat launches at state and local parks and at private resorts. Quarantine-listed weeds: Plants listed on the WSDA Quarantine list as identified in chapter 16.752 WAC. Seasonally dry land surfaces: An area that may be wet or contain standing water in the rainy season, but may be dry during other times of the year. When dry, there must be no standing water present in the treatment area and the soils must not be saturated at the time of treatment. Ecology does not consider tidal lands.as meeting its definition of seasonally dry land surfaces. Spartina: As used in this permit, any non-native species in a genus of grasses in the family Poaceae commonly called cordgrass. There are four spartina species listed as noxious weeds in Washington on the 2011 State Noxious Weed list. State Environmental Policy Act(SEPA): A state policy that requires state and local agencies to consider the likely environmental consequences of a proposal before approving or denying the proposal(See chapter 43.21C RCW and chapter 197 -11 WAC). State experimental use permit: A permit issued by WSDA allowing use of pesticides that are not registered, or for experiments involving uses not allowed by the pesticide label. Aquatic applications are limited to one acre or less in size. Surface waters of the state of Washington: All waters defined as "waters of the United States" in 40 CRF 122.2 within the geographic boundaries of the state of Washington. All waters defined in chapter 90.48.020 RCW. This includes lakes, rivers, ponds, streams, inland waters, and all other fresh,brackish, and marine surface waters and watercourses within the jurisdiction of the state of Washington, including drainages to surface waters. Treat: Apply an herbicide to.a plant or plant population. Treatment: The application of an herbicide to a plant or plant population to kill the plant(s). Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 27 �r 1 U P land f arm pond: Private farm ponds created from upland sites that did not incorporate natural water bodies (WAC 173-201A-260(3)(f)). Washington Pesticide Control Act: Chapter 15.58 RCW. Washington State government agencies: Washington state government agencies such as Washington Departments of Agriculture, Fish and Wildlife,Natural Resources, etc. Does not include local governments. Washington State Noxious Weed Control Board: Established in RCW 17.10, a board of nine voting members and seven appointed members that advises WSDA about noxious weed control in Washington. The Board also serves as the state's noxious weed coordination center. Through its actions and policies it supports the activities of 48 county noxious weed control boards and weed districts. Wetland: Any area inundated with water sometime during the growing season, and identified as a wetland by a local, state, or federal agency. In the absence of other definitions set forth herein, the definitions set forth in 40 CFR Part 403.3 or in chapter 90.48 RCW apply. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 28 APPENDIX B - PUBLIC NOTICE PUBLIC NOTICE TEMPLATE FOR NEW APPLICANTS Public notice must be published at least once each week for two consecutive weeks, in a single newspaper of general circulation in the county or counties where the treatment will take place. The applicant may add additional project information to this template,but must not remove or change any bolded language (other than changing fonts or removing bolding). Applicant name and contact information (e.g.,phone number, Email address, website) is seeking coverage under the NPDES State Waste Discharge General Permit for Aquatic Noxious Weeds.The proposed coverage applies to list water body name(s), acres proposed for treatment, and their location within the water body. Water body name may be treated to control list specific noxious weeds or reference the State Noxious Weed List or Quarantine List. The chemicals planned for use are: list all active ingredients anticipated for use. Any person desiring to present their views to the Department of Ecology regarding this application must do so in writing within 30 days of the last date of publication of this notice. Comments must be submitted to the Department of Ecology.An person interested in P gY Y P Ecology's action on the application may notify Ecology of their interest within 30 days of the last date of publication of this notice. Submit comments to: Department of Ecology P.O. Box 47696 Olympia, WA 98504-7600 Attn: Water Quality Program,Aquatic Pesticide Permit Manager Email:jonathan.jennings @ ecy.wa.gov Telephone: 360-407-6283 Copies of the application are available by contacting the Aquatic Pesticide Permit Manager. Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 29 LEGAL NOTICE FOR SPARTINA TREATMENTS The Permittee may add additional project information to this template, but must not remove or change any bolded language(other than changing fonts or removing bolding). The Washington State Department of Agriculture (WSDA) is hereby notifying the affected public that the herbicides imazapyr and glyphosate may be used to control invasive Spartina grass species.between (list dates). Licensed pesticide applicators operating under WSDA's National Pollutant Discharge Elimination System (NPDES).State Waste Discharge'General Permit may apply these products in the following locations: (list locations). For more information, including locations of possible application sites or information on Spartina, contact WSDA(phone, email, website). Or write WSDA Spartina Program, PO Box 42560, Olympia,WA 98504-2560. The Washington State Department of Ecology 24-hour emergency number for reporting concerns about Spartina treatments is Perm ittee may add other o tional ro'ect information at its discretion. Y P P J f Aquatic Noxious Weed Management General Permit—January 18, 2012 �' Page 30 i APPENDIX C - POSTING TEMPLATES Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 31 t i POSTING TEMPLATES I , FOR FRESHWATER TREATMENTS �I i Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 32 CAUTION Glyphosate will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until . (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number. ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 33 I 1"...C T10N 010A, U, Imazapyr will be applied under permit on to control the noxious weed_ (s) _. (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she,expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimmin g or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator licator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 �' Page 34 CAUTION Triclopyr TEA will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 i hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 35 1 A I --" 11` -C T I .I. - U ON The aquatic herbicide 2, 4-D (amine formulation) will be applied under permit 'on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. ;If the label re-entry period is longer than 4 hours, the applicator must use the label rb-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) This application is regulated by Department of Ecology: Phone Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 36 i C. AUT10. N Imazamox will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until . (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 37 CAU- T I ON, Flumioxazin will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) V Treated .locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment: If the label re-entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 38 Penoxsulam will be applied under permit on to control the noxious weeds) (Applicator to list the weeds treated here) Treated locations .are behind the signs. Do not enter the treated area until (Applicator to post,a time at least 4 hours after he/she expects to finish the treatment. If the-label re-entry period is longer than 4 hours,-the appiicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 39 I � CA A",- - - U T 10 Carfentrozone-ethyl will be applied under permit on to control the noxious weed(s) (Applicator to list the weeds treated here) Treated locations are behind the signs. Do not enter the treated area until (Applicator to post a time at least 4 hours after he/she expects to finish the treatment. If the label re=entry period is longer than 4 hours, the applicator must use the label re-entry time) There are no swimming or recreation restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 40 C- AUTION Bispyribac-sodium will be applied under, permit on to control the noxious weeds) (Applicator to list the weeds treated here) Treated locations are behind the signs., Do not enter the treated area until (Applicator to.post a time at least 4 j hours after he/she expects to finish the treatment. If the label re-entry period is longer than 4 hours, the applicator must use the label re,-entry time) There are no swimming or recreation restri ctions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or the Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 41 POSTING TEMPLATES FOR SPARTINA TREATMENTS Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 42 CAUTION . . Imazapyr will be applied under permit on to control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: .Phone number: ( . ) (Applicator to list a.number for a contact that can explain the treatment to the caller) Or The WSDA Spartina Coordinator at ( ) The Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 43 �' C_ A TIO GI hosate will be applied under permit on to Yp � pp � p control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or The WSDA Spartina Coordinator at ( ) The Ecology Department of P 9Y at ( ) t Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 44 CAUTI .-. . . . ON - Ill Imazapyr and/or glyphosate will be applied under permit on to control Spartina (cordgrass). There are no swimming, recreation, or other water use restrictions. For more information about this treatment, contact: Phone number: ( ) (Applicator to list a number for a contact that can explain the treatment to the caller) Or The WSDA Spartina Coordinator at ( ) The Department of Ecology at ( ) Aquatic Noxious Weed Management General Permit—January 18, 2012 Page 45 s t i � .