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Final Agenda Packet
CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, March 16, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) National Safe Place Week - March 15 - 21, 2020 4. PUBLIC HEARING a) WSDOT Acquisition for I-405 & Southport Interchange 5. ADMINISTRATIVE REPORT 6. AUDIENCE COMMENTS The City of Renton issued a civil emergency proclamation due to the coronavirus on March 5, 2020. At the recommendation of the Seattle and King County Public Health Department, no in-person comments will be accepted. All residents are encouraged to submit written comments via email to cityclerk@rentonwa.gov or by dropping off hand-written comments to Renton City Hall, c/o City Clerk, Renton, WA 98057. 7. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of March 2, 2020. Council Concur b) AB - 2605 City Clerk reports the bid results for the January 30, 2020 bid opening for the Williams Ave S and Wells Ave S Conversion project, CAG-20-001, and submits the staff recommendation to award the contract to the lowest responsible and responsive bidder, Cascade Civil Construction, LLC, in the amount of $7,733.422.80. Council Concur c) AB - 2604 Administrative Services Department recommends approval of a 60-month lease agreement with Xerox/QBSI Sales/Service, in the amount of $55,000 per year, for Print Shop copier/printer use and services. Council Concur d) AB - 2608 Administrative Services Department requests authorization to hire a Senior Finance Analyst at Step D of salary grade m25, effective April 1, 2020. Council Concur e) AB - 2609 Administrative Services Department requests authorization to hire a Senior Finance Analyst at Step D of salary grade m25, effective April 1, 2020. Council Concur f) AB - 2598 Community & Economic Development Department recommends executing the professional services agreement with Berk Consulting, Inc., in the amount of $80,000, to complete a City-wide Housing Action Plan. Council Concur g) AB - 2593 Community Services Department submits the bid results for the Cedar River Trestle Bridge Repairs project, CAG-20-006, and recommends the lowest responsive and responsible bidder, EmTech, LLC, be awarded the contract in the amount of $367,400; and recommends the budget be adjusted to cover contingencies. Council Concur h) AB - 2595 Community Services Department recommends approving an agreement with the Washington State Department of Health to accept up to $7,500 in grant funds for the reimbursement of Supplemental Nutrition Assistance Program (SNAP) funds used at the 2020 Renton Farmers Market. Council Concur 8. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Housing Action Plan Grant Agreement* b) Transportation Committee: WSDOT Acquisitions for I-405 & Southport Interchanges Right of Way. c) Utilities Committee: Lower Cedar River Flood Risk Reduction Study 9. LEGISLATION Resolutions: a) Resolution No. 4401: Proclaiming an Emergency b) Resolution No. 4402: Housing Action Plan Grant Agreement 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA CANCELLED Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorW’fiercas,SafePlaceisaprogramthatquicklyconnectsrunawayandhomelessyouthages12to17toservices,eitherbyreunitingthemwithfamilyorprovidingemergencyshelter;and‘Wfiereas,sincetheprograminceptionin1983,ithasgrowntoincludenearly140programsnationally,includinginKingCounty.Morethan15millionyouthhavebeeneducatedthroughNationalSafePlaceNetwork’soutreachefforts,familiarizingthemwiththeSafePlacesignandprovidinginformationabouthowtoseekhelpinordertostaysafe;andW’ñereas,morethan359,000youthhavebeenhelpedataSafePlacelocationorreceivedcounselingasaresultofSafePlaceinformationreceivedatschool;andWfiereas,SafePlacemaintainsa24-hourhotline,1-800-422-TEEN,whereyouthcandirectlyconnectwithSafePlacestaffand,withinonehour,aSafePlacecoordinatormeetswiththeyouth,assessesthesituation,andworkswiththeyouthtoplacethematashelterorreunitethemwithparentsorguardians;and‘I4ifiereas,FriendsofYouthandYouthCarehaveworkedinpartnershipsince2012toprovideSafePlaceservicesforyouthincrisisacrossKingCounty;Metrobuses,localbusinesses,andnon-profitorganizationsareamongtheover2,100placesinKingCountythatserveaslocationswhereyouthcanrequestassistanceandwherestaffmembersaretrainedtorespondtoyouthinneedandimmediatelycontactSafePlace;and‘1/j)fiereas,thesuccessofSafePlaceisbasedonpublic/privatecollaborationsandKingCountyneedsincreasednumbersofvolunteersservingasmentorsandpositiveinfluencesonyoungpeople;andWfiereas,increasedawarenesswillencouragemorecommunitiestoestablishSafePlacelocationswhereyouthcanreadilyaccessthehelptheyneed;andWow,tfierefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimMarch15-21,2020,tobe%q\rationatsafePtaceWeekintheCityofRenton,andIencourageallmembersofthecommunitytojoinmeinthisspecialobservation.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis16thdayofMarch,2020.AonPavone,MayorCityoenton,WashingtonProctamationRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.rentonwa.govAGENDA ITEM #3. a) WSDOT AcquisitionFor I‐405 and SouthportInterchangeMonday, March 16, 2020Public HearingAGENDA ITEM #4. a) LOCATIONAGENDA ITEM #4. a) BACKGROUND•WSDOT is planning improvements to I‐405 between SR167 and NE 6thSt in Bellevue for widening and Express Toll Lanes Project•Project is under contract for design‐build•The focus of this request is the Southport InterchangeAGENDA ITEM #4. a) BACKGROUND•This information and request for acquisitions was previously submitted for review in December 2018•Only one City‐owned property is involved in these 4 acquisition requests.AGENDA ITEM #4. a) PROPERTY ACQUISITIONBy TCE(shown in blue)•Area contains 326 sqft +•$50AGENDA ITEM #4. a) PROPERTY ACQUISITIONBy TCE(shown in green)•Area contains 5,040 sqft +•$850AGENDA ITEM #4. a) PROPERTY ACQUISITIONBy Permanent Easement(shown in yellow)•Area contains 729 sqft +•$10,900AGENDA ITEM #4. a) PROPERTY ACQUISITIONBy Deed(shown in red)•Area contains 20,978 sqft +•$6,300AGENDA ITEM #4. a) TOTAL ACQUISITIONS•The compensation was set at $18,100 for the 2 TCEs, Access Easement and Deed.•The temporary easement will terminate on December 31, 2024.AGENDA ITEM #4. a) The Community and Economic Development Department recommends that Council approve the request to authorize the following:The Mayor and City Clerk to execute the WSDOT documentation for the two Temporary Construction Easements, Access Easement and Quit Claim Deed for the Right of Way take.Authorize accepting the compensation from WSDOT.STAFF RECOMENDATIONAGENDA ITEM #4. a) NEXT STEPSIf Council approves this authorization:•WSDOT documentation will be signed and returned to WSDOT•Accept compensation from WSDOTAGENDA ITEM #4. a) March 2, 2020 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES ‐ City Council Regular Meeting 7:00 PM ‐ Monday, March 2, 2020 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ruth Pérez, Council President Randy Corman, Council Position No. 1 Angelina Benedetti, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ryan McIrvin, Council Position No. 4 Ed Prince, Council Position No. 5 Kim‐Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ellen Bradley‐Mak, Human Resources and Risk Management Administrator Shane Moloney, City Attorney Jason Seth, City Clerk Preeti Shridhar, Deputy Public Affairs Administrator Ron Straka, Utility Systems Director Jennifer Henning, Planning Director Mindi Mattson, Emergency Management Coordinator Chief Ed VanValey, Police Department Administrator Commander Jeff Hardin, Police Department AGENDA ITEM #7. a) March 2, 2020 REGULAR COUNCIL MEETING MINUTES ADMINISTRATIVE REPORT Human Resources and Risk Management Administrator Ellen Bradley‐Mak reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2020 and beyond. Items noted were: The Renton Senior Talent Showcase (formerly Senior Revue) is looking for singers, dancers, and entertainers age 50+ to share their talents with the community! Those interested should plan to attend a mandatory meeting on Wednesday, March 11 at 10 a.m. in the Renton Senior Activity Center Auditorium. Call 425‐430‐6633 for more information. There will be two performances of the 2020 Senior Talent Showcase: Thursday, May 7 at 1 p.m. and Friday, May 8 at 7 p.m. Both performances will be held at Carco Theatre. Connect and learn from experts in gardening, beekeeping, food, animals, and the environment at the annual SubUrban Farm and Garden Expo. Join us on Saturday, March 7 from 10 a.m. to 2 p.m. at the North Highlands Neighborhood Center. Bring plants and seeds to share at the Plant n’ Seed swap, plus learn how to compost, recycle, and prevent waste. Contact Carrie Olson at 425‐430‐7214 for more information. Less than three weeks until 2020 Census invitations are mailed to your home! Since 1790, the constitution has mandated every person in the United States is counted every 10 years. The census provides more than $675 billion in federal funds to support housing, education, transportation, employment, health care, and public policy. The census captures basic information such as name, age, sex, Hispanic origin, race and ethnicity, relationship of household members, and homeownership status. Federal law protects your census responses; your responses can only be used to produce statistics. We ask everyone to take part and return their census form because Renton Counts! Additionally, Mayor Pavone invited Emergency Management Coordinator Mindi Mattson to the podium to update Council on the City's efforts regarding the Coronavirus. Ms. Mattson stated that at least five persons had succumbed to the virus in King County, and another 231 persons were being evaluated by medical professionals at this time. She emphasized that this virus is most impactful on seniors and persons with chronic health issues. Ms. Mattson also remarked that officials from the Centers for Disease Control (CDC) are in Washington State assisting state and county public health officials. Ms. Mattson stated that the City is updating its Continuity of Operations (COOP) plan, and is coordinating with the Renton Regional Fire Authority. Concluding, she remarked that people should wash their hands, avoid touching their faces, cover their mouths and noses when coughing, and most importantly should stay home if exhibiting signs of illness. AUDIENCE COMMENTS Inez Petersen, Enumclaw, stated she was speaking on behalf of her client Jeff Colee. She explained Mr. Colee’s code compliance issues, and asked that the City refund a $1,200 fee he paid while attempting to correct his code issues. AGENDA ITEM #7. a) March 2, 2020 REGULAR COUNCIL MEETING MINUTES Carl Kiminky, Renton, voiced concern about the loud noise emanating from cars racing on the East Valley Highway. He noted that he lives on the hillside above the road, and urged Council to do something because it interrupts his sleep. Mayor Pavone asked Mr. Kiminky to speak to the Police Chief who was in attendance. Diane Paholke, Renton, expressed appreciation regarding the City’s efforts to get the Renton Municipal Airport re‐designated by the Federal Aviation Administration. She asked for clarification regarding those efforts. Councilmember Corman explained that the City’s intent was to work with outside counsel to determine what could be done to get the airport designation changed, and then pursue that avenue if appropriate. Mayor Pavone further clarified that the City must abide by the current designation, but is in the process of finding options to lessen the impacts of the designation change. He emphasized that the City understands the recent designation change has severe impacts on airport tenants and the Renton community. Jason Collins, Renton, spoke about homelessness, affordable housing, and related issues. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of February 24, 2020. Council Concur. b) AB ‐ 2583 Community & Economic Development Department recommended executing the E2SHB1923 Grant with the Washington State Department of Commerce, Growth Management Services, to accept $100,000 in grant funds to be utilized to address the Renton community's critical housing needs. Refer to Finance Committee. c) AB ‐ 2601 Community & Economic Development Department recommended setting a public hearing on March 16, 2020 to consider executing two Temporary Construction Easements, an Access Road Easement, and a Quit Claim Deed with the Washington State Department of Transportation, for a total amount of $18,100 in compensation to the City, for right‐of‐way acquisition near the I‐405 and Southport interchange as part of the I‐405 Renton to Bellevue Widening and Express Toll Lanes project. Refer to Transportation (Aviation) Committee; Set Public Hearing on 3/16/2020. d) AB ‐ 2600 Municipal Court recommended hiring two Judicial Specialist II candidates at Salary Grade a12 Step E, and one Judicial Specialist I candidate at Salary Grade a08 Step D. Council Concur. e) AB ‐ 2599 Utility Systems Division recommended executing a grant agreement with King County Flood Control Zone District to accept up to $499,658 for the Lower Cedar River Flood Risk Reduction Feasibility Study project. Refer to Utilities Committee. MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. AGENDA ITEM #7. a) March 2, 2020 REGULAR COUNCIL MEETING MINUTES UNFINISHED BUSINESS a) Finance Committee Chair Prince presented a report concurring in the staff recommendation to authorize the Mayor and City Clerk to execute the Local Agency Agreement Supplement No. 1 to CAG‐15‐006 with the Washington State Department of Transportation for the obligation of grant funding and all subsequent agreements necessary to accomplish the Rainier Avenue South Corridor Improvements Phase 4 Project. MOVED BY PRINCE, SECONDED BY VǍN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair Prince presented a report concurring in the staff recommendation to: (1) approve the General Fund & Density Fee Affordable Rental Housing Agreement with Renton Housing Authority for the Sunset Oaks Apartments; and (2) authorize the Mayor to execute said agreement in substantially the same form. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolution: a) Resolution No. 4400: A resolution was read proclaiming an emergency (regarding the January 2020 storm event) MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinances for second and final reading: b) Ordinance No. 5963: An ordinance was read amending Subsections 4‐2‐060.M, 4‐2‐080.A.29, 4‐4‐110.A, 4‐4‐110.B, 4‐4‐110.C, and 4‐4‐110.D.3.B.iii, and Section 4‐1‐190 of the Renton Municipal Code, by classifying bulk storage in the Zoning Use Table, permitting bulk storage in industrial zones, providing for minimum separation distances from residential zoning designations, simplifying storage facilities, bulk in Section 4‐4‐110, adding bulk storage to the definitions of “Storage, Indoor,” “Storage, Outdoor,” “Storage, Self‐Service,” and "Storage, Vehicle" in Section 4‐11‐190, providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. c) Ordinance No. 5964: An ordinance was read amending Subsection 4‐3‐100.B.1.B of the Renton Municipal Code, by revising design district applicability regulations in the City’s urban design districts ‘B’ and ‘D,’ providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. d) Ordinance No. 5965: An ordinance was read amending Subsections 4‐1‐045.G.3, 4‐1‐045.G.4, 4‐2‐120.A, 4‐2‐120.B, 4‐2‐120.C, 4‐2‐130.A, and 4‐2‐130.B, and Section 4‐9‐030 of the Renton Municipal Code, revising Conditional Use Permit criteria, adding new Subsections 4‐9‐030.F and 4‐9‐030.G regarding decision criteria for height increases and density increases, providing for severability, and establishing an effective date. AGENDA ITEM #7. a) March 2, 2020 REGULAR COUNCIL MEETING MINUTES MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. e) Ordinance No. 5966: An ordinance was read amending Subsection 4‐2‐115.E.2 of the Renton Municipal Code, amending residential standards for common open space, providing for severability, and establishing an effective date. MOVED BY CORMAN, SECONDED BY MCIRVIN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. MOVED BY O'HALLORAN, SECONDED BY MCIRVIN, COUNCIL REFER THE ISSUE OF SOURCING ELECTRICITY FROM RENEWABLE SOURCES FOR CITY FACILITIES TO THE UTILITIES COMMITTEE. CARRIED. EXECUTIVE SESSION & ADJOURNMENT MOVED BY PÉREZ, SECONDED BY CORMAN, COUNCIL RECESS INTO EXECUTIVE SESSION FOR APPROXIMATELY 15 MINUTES TO DISCUSS POTENTIAL LITIGATION (RCW 42.30.110(1)(i)), WITH NO ACTION TO BE TAKEN AND THAT THE COUNCIL MEETING BE ADJOURNED WHEN THE EXECUTIVE SESSION WAS ADJOURNED. CARRIED. TIME: 7:38 P.M. Council President Pérez announced an additional 16 minutes was needed. Executive Session was conducted and no action was taken. The Council meeting adjourned when the Executive Session adjourned. Time: 8:09 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 02 Mar 2020 AGENDA ITEM #7. a) Council Committee Meeting Calendar March 2, 2020 March 9, 2020 Monday NO MEETINGS COUNCIL HOLIDAY March 16, 2020 Monday 3:00 PM Finance Committee, Chair Prince – Council Conference Room 1. Housing Action Plan Grant Agreement 2. Vouchers 3. Emerging Issues in Finance 4:00 PM Planning & Development Committee, Chair Corman – Council Conference Room 1. 2020 CED Work Program 2. Docket #14 3. Emerging Issues in CED 4:30 PM Utilities Committee, Chair O’Halloran – Council Conference Room 1. Lower Cedar River Flood Risk Reduction Study 2. Emerging Issues in Utilities 5:00 PM Transportation Committee, Chair McIrvin – Council Conference Room 1. WSDOT Acquisitions for I-405 & Southport Interchanges Rights of Way 2. 2021-26 TIP Project List Review 3. Emerging Issues in Transportation (Airport and Wells/Williams Closures) 5:30 PM Committee of the Whole, Chair Pérez – Conferencing Center 1. Sound Transit Strategic Plan 2. Emerging Issues AGENDA ITEM #7. a) AB - 2605 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Contract Award: Williams Ave S and Wells Ave S Conversion Project; CAG-20-001 RECOMMENDED ACTION: Council Concur DEPARTMENT: City Clerk STAFF CONTACT: Jason Seth, City Clerk EXT.: 6502 FISCAL IMPACT SUMMARY: Contract Amount: $7,733,422.80. Total Budget: $10,246,800 Engineer's Estimate: $7,298,836 SUMMARY OF ACTION: The City Clerk opened bids for the Williams Ave S and Wells Ave S Conversion project on January 30, 2020. Six bids were received. The lowest responsible and responsive bid met the following three Council criteria: 1) There was more than bid; 2) The lowest responsible and responsive bid was within the project budget; and 3) There were no irregularities with the lowest responsive and responsible bid. Therefore, staff recommends that the contract for the Williams Ave S and Wells Ave S Conversion project be awarded to the lowest responsive and responsible bidder, Cascade Civil Construction, LLC, in the amount of $7,733,422.80. The contract to be awarded will require the contractor to perform six separate 7 -day road closures tentatively scheduled later this year between August and December. The Public Works Department will come back to the Council with an agen da bill prior to this with additional specific details of the road closures. EXHIBITS: A. Staff Recommendation B. Bid Tab STAFF RECOMMENDATION: Award the contract for the Williams Ave S and Wells Ave S Conversion project to the lowest responsible an d responsive bidder, Cascade Civil Construction, LLC, in the amount of $7,733,422.80. AGENDA ITEM #7. b) PUBLICWORKSDEPARTMENTMEM0RANDUMCm,’OFRENTOJDATE:March3,2020MAR032020TO:JasonSeth,CityClerkRECEIVEDFROM:BobHanson,TransportationDesignManager,xCLERKSOFFICESTAFFCONTACT:KeithWoolley,TransportationProjectManager,x7318SUBJECT:WilliamsAvenueSandWellsAvenueSConversionProject—ConstructionContractCAG-20-OO1TheTransportationSystemsDivisionrecommendsthattheWilliamsAvenueSandWellsAvenueSConversionProjectconstructioncontractintheamountof$7,733,422.80beawardedtoCascadeCivilConstructionCCC,P.O.Box73457,Puyallup,WA98373.OnThursday,January30,2020,thebidswereopened.Thereweresix(6)bidssubmittedfortheproject.ThebidsubmittedbyCascadeCivilConstructionCLChasbeendeterminedtobethelowestresponsiveandresponsiblebid.OneofthebiddersfiledabidprotestonFebruary3,2020.TheprotestwasdeterminedtobeinvalidandwasdeniedonFebruary3,2020.ThebidsubmittedbyCascadeCivilConstructionCCCwasovertheEngineer’sEstimateof$7,298,836.00by$434,586.80.AllsixbidderswereovertheEngineer’sEstimate.Afteranalysisofthebids,wefeelthatthebidsubmittedbyCascadeCivilConstructionLLCisafairrepresentationofthecostoftheworkassociatedwiththisproject.TheCityhasbeenawarded$3,850,000inSurfaceTransportationProgram(STP)fundingand$2,684,266inStateturnbackfundingfortheconstructionofthisproject.TheCity’smatchispresently$3,712,534fortheconstructionphase(constructioncontractandconstructionmanagement).Therefore,thetotalfundingavailablefortheconstructionphaseispresently$10,246,800(constructioncontractandconstructionmanagement).Ofthatamount,$1,914,000isencumberedforconstructionmanagement.Thatleaves$8,332,800fortheconstructioncontract.ThebidfromCascadeCivilConstructionCCCis$7,733,422.80.Sodespitethebidbeingovertheengineer’sestimate,thereissufficientprojectbudgettocoverthedifference.TheTransportationSystemsDivisionisrequestingthattheCouncilawardthisconstructioncontracttoCascadeCivilConstructionCCCintheamountof$7,733,422.80.AGENDA ITEM #7. b) JasonSeth,CityClerkPage2of2March3,2020TheconstructioncontractconvertsWilliamsAvenueSandWellsAvenueSfromone-wayoperationtotwo-wayoperationandreconstructsfoursignalizedintersections.Attachments:TIP#28BidTabulationsWSDOTconstructionfundingobligationletterdatedDecember30,2019DraftAwardLetterWSDOTTemplatecc:MikeStenhouse,InterimPublicWorksAdministratorRonStraka,InterimPublicWorksAdministratorJimSeitz,TransportationsystemsDirectorVangieGarcia,TransportationPlanningManagerJosefHarnden,TransportationAdministrativeSecretaryIFileh:\division.s\transpor.tat\designeng\keith\wellsnwilliams\600pre-construction\620advertisingandaward\620.6award\memotocityclerkrev1-awardcag-20-001.docxAGENDA ITEM #7. b) March17,2020TimHaynerCascadeCivilConstructionLLCP.O.Box73457Puyallup,WA98373RE:WilliamsAvenueSandWellsAvenueSConversionProjectConstructionContractCAG-20-001FederalAidNumber:HIPUL-STP9917(034)DearMr.Hayner:AtitsregularmeetingonMarch16,2020,theRentonCityCouncilacceptedthelowestresponsiveandresponsiblebidsubmittedbyCascadeCivilConstructionLLCfortheabovereferencedprojectinthetotalbidamountof$7,733,485.80.Aspartofenteringthiscontract,CascadeCivilConstructionLLCagreestotakeallnecessaryandresponsiblestepsinaccordancewith49CERPart26toensurethatUnderutilizedDisadvantagedBusinessEnterprises(UDBE)haveanopportunitytoparticipateintheperformanceofthiscontract.TheawardofthiscontractwasmadewiththeunderstandingthatthefirmslistedontheUDBEUtilizationCertificationwillbeperformingthedollarvalueofworkasindicated.CascadeCivilConstructionCCCshallprovidethefollowinginformationtotheCityofRenton:1.BreakoutinformationforallsuccessfulUDBEsasshownontheUDBEUtilizationCertification:a.Correctbusinessname,federalemployeridentificationnumber(ifavailable),andmailingaddress.b.ListofallbiditemsassignedtoeachUDBEfirm,includingunitpricesandextensions,indicatinganyanticipatedsharingofresources(e.g.equipment,employees,etc.).c.Indicatepartialitems-specifythedistinctelementsofworktobeperformedbytheUDBEfirmsandprovideacompletedescriptionofthesepartialitems.NOTE:TotalamountsshownforeachUDBEshallnotbelessthantheamountshownontheUDBEUtilizationCertification.AGENDA ITEM #7. b) 2.Alistofallfirmswhosubmittedabidorquoteinanattempttoparticipateinthiscontractwhethertheyweresuccessfulornot.Includethefollowinginformation:a.Correctbusinessnameandmailingaddress.Failuretoprovidethisinformationpriortofullcontractexecutionwillresultinforfeitureofthebidder’sproposalsecurity.OnMarch17,2020thecontractdocumentswillbedeliveredtoCascadeCivilConstructionLLCforexecution.Thecontractmustbeexecutedandreturnedinaccordancewiththeinstructionsfurnishedwiththecontractdocuments.ThecontractdocumentsmustbeexecutedandreturnedtotheCityofRentonwithin10calendardaysfromthedatelistedonthisnoticeofaward.Sincerely,JasonA.Seth,CMCCityClerkcc:KeithWoolley,TransportationProjectManagerAGENDA ITEM #7. b) RESOLUTIONNO.43692020-2025TransportationImprovementProgramWilliamsAveSandWellsAveSConversionProjectTIPNO.28PROJECTPlanningArea:CityCenterWorkElements:Project#:122908FunctionalClass:MinorArterialECorridorProjectLength:1.35miDNon-MotorizedDPreservationLJSafety/OperationsDOtherProjectDescription:Theprojectprovidespedestrianandbicyclistsfacilitiesandenhancements,trafficoperationandcirculationimprovementsinDowntown.Theimprovementsincludeaddingsignalizedraisedintersectionswithbulbouts,lighting,streetfurniture,streetscape,bikeracks,signageandconvertingWilliamsAveSandWellsAveStotwo-waytrafficoperations.Purpose:ThisprojectisoneofthestrategiesidentifiedintheCityCenterCommunityPlan.TheprojectenhancesdowntownRentonasadestinationarea,whileimprovingcirculation,reducingtrafficspeedsandenhancingpedestriansafety.Afeasibilitystudy,includingaDowntownCirculationTrafficAnalysisfortheconversiontotwo-wayoperationswascompleted.Status/Changes:TheCitywasawardedaSTPgrantintheamountof$3,850,000in2016.Designstartingin2017andconstructionisanticipatedtostartin2019.Expenditures&TOTALPre-2020Six-YearProgramResources202020212022202320242025Expenditures:Planning--------Design1,167,6541,167,654------RightofWay117,789117,789------Construction10,246,8005,118,2215,128,579-----TotalExpenses11,532,2436,403,6645,128,579-----Resources:Local/City4,997,9772,515,3292,482,648-----Mitigation--------BondProceeds--------State2,684,2662,684,266------Federal3,850,0001,204,0692,645,931-----Undetermined--------TotalResources11,532,2436,403,6645,128,579-----59AGENDA ITEM #7. b) WashingtonStateTransportationBuildingDepartmentofTransportationlaPlekAvenueSE.Olympia,WA98504-7300360-705-7000TTY:1-800-833-6388December30,2019www.wsdot.wa.govMr.JimSeitzPublicWorksAdministrator-TransportationRECEIVEDCityofRenton1055SouthGradyWayJAN062020Renton,Washington9$057-3232TransportationSystemsCityofRentonWilliamsAveS&WellsAveSHWUL-STP-9917(034)FUNDAUTHORIZATIONDearMr.Seitz:WehavereceivedFHWAfundauthorization,effectiveDecember27,2019,forthisprojectasfollows:PHASETOTALFEDERALSHAREConstruction$10,256,800$6,214,931Thefollowingarerequiredtoensurecompliancewithfederalandstaterequirements:•Advertisementoftheprojectwithinsixweeksofconstructionauthorization.•SubmittheAwardDatatotheRegionLocalProgramsEngineerpriortoconstructionstart.•Showcontinuousprojectprogressthroughmonthlybillings,untiltheprojectiscomplete.Failuretoshowcontinuousprogressmayresultintheprojectbecominginactiveper23CFR630.106(a)(5)andsubjecttode-obligationofallfederalfundsandagreementclosure.EnclosedforyourinformationandfileisafullyexecutedcopyofLocalAgencyAgreementLA-9751betweenWSDOTandyouragency.Allcostsexceedingthoseshownonthisagreementarethesoleresponsibilityofyouragency.AnycostsincurredaftertheProjectAgreementEndDateshownontheagreementarenoteligibleforftderatreimbursement.Inaddition,at!eligiblecostsincurredpriortotheEndDatemustbebilledwithinsixty(60)daysofiheEndDateortheyareinetigibleforfederalreimbursement.YoumayproceedwiththeadministrationofthisprojectinaccordancewithyourWSDOTapprovedCertificationAcceptanceagreement.StephanieaxManager,ProgramManagementLocalProgramsST:cc:mlEnclosurecc:MehrdadMoini,NorthwestRegionLocalProgramsEngineer,MSNB82-121AGENDA ITEM #7. b) Williams Ave Sand Wells Ave 5 Conversion Prolect Constroction Cost Estimate Bid Tab February 3,2020 — OWAY IMPROVEMENTS hange ySurveylflg Drawings Minimum Bid $5,000) rogress Schedule Minimum Bid 510,000) cr Building Temporary Traffic Control C Co of ml La bor rolSupervisor nlformed Police Officer Structure ond Obstruction rcavationlncl.Haul rf a,ins Ba so Cou 2’PG 64.22 B umirous Pauement raryravement tC no.Pacemrnt Ir Storm Sewer Pipe Bin.Oiom.— of Ir Storm Sewer Pipe 16 In.11am.— Cr In Storm Sewer Pipe it Ir.Tiam. Storm Sewer Pipe with Pclfwrop Sin.Diam Storm Sewer Pipe 6 In.Diam Storm Sewer Pipe tin.Diam. 5tcrm Sewer PIpo 12 In.OlgA. ton Storm Sewer 12 In Diam ci for Trench Backfill Storm Pc 1 Pc 11 p0240 In.ham. etc Inlet Drainage Strr vip to Grade rain at e St ru ctu re a Eoca vat Ion Ire rch Pollution Cortrul Protectionof Priuate PropenyardTreeprotectior Propertf nestorasion toptollTopeA barkor Wood Chip Mulch PS Amrlanchler Ignuis ‘JFS’ARD’/Sprint Flurry 0.02 Seruiceberry 2.9’cal.,12.14’hf. peourculorls uncrgia UI uef urcrgla Blue 8.02 peedwell;1 Gal Coot. AS ENGINEER’S 5 10.00 5 2,34010 $14.03 5 1,52000 25.00 5 3.250,00 5,000.03 $ 4.SSO 03 0 15.03 S I-A- B.L AIlS COMPANY ESTIMATE RW,SCOTT CONSTRUCTION CO. ESTIMATO 10903 5.05 704 704 704 7.04 red Cement Conc.Crcscwolk Pacrment21 22 23 24 OS 26 27 25 29 30 31 92 33 34 35 36 37 30 39 40 41 42 43 44 45 0 —9 10 965.03 2 —1 29.003 $123.03 —5 10800 $212.03 r 70110 $260.03 —$1 $21,600 5 104.50 2 49,00 73.03 1 5 79.90 t 5 79.04 ON 7 85.00 A 1,2 1,3O.W A 1,1 2,204.00 A 3.144 4,030.03 A -51 —1,910.00 A 5 1000 1,050.30 62510 A 5 —40330 A -51,—1,12500 5 0.000 10,95003 T 552310c 5 52,000.00 IS S ,mm or S ,001903 rn 65050 ESTIMATE ESTIMATE 03W IIDOKB(ESTIMATE uNnCosr TOTALCOST UNITCOST TT 100,000.00 100,C30 100,000.00 5 .190,030 54,300,00 53,010 59,000,00 5 33,604,10’60,030 5,000.03 3.000 5,000.03 $‘5,500 — 150,00 5,000 5,000.03 $2,000.08 2,500 1,600,03 004,00 $39,203.03’ 10,030.00 10,000 10,000.03 $13mm 745,504.00 603,’603,107.10 5 93,707.00 711,’930 —. 12,000,00 96,9 96,523,03 $86,525.00 30,000 145,585.03 258’250,733.03 5 160,738.00 150500 — 609,900.00 497,000,80 $63,00000 140,000.03 —136.WO,W $36,80300 — 25,000.03 10,WO 10.000,00 $140,004,001 110,100 10,900,00 11,000,00 $1,030.08 1 209..00 27,7 27.725,00 $6,275,03)146,000 123,740,00 185,610.03 $(16,140,00) 163,030.00 —92,020.03 $14,200.031 — 246,240.00 8 213,750,10 $25,650.03 1 — 41,00390 7 30,804.00 5 13,200.030 44,003,90 1 12,503.00 $17.500.001 2 374,05010 6 086,250.03 (144,550.03’4 173,70303 803 144,000.10 S 99.000,03 1,090,90 35,67003 1 33,930.03 4,930.00 1 41,100.03 250.03 21,200.03 2 24,500,03 9,503,00 24,530.03 300.03 10,720.00 —,11,000.00 4,003.03 2 10,603.03 500.10 18,81000 1 5 $24,30010 5 2,700,03 5 —1 $30,060.03 5 275.03 1 —26,10000 4,080.10 —34,mm 03 200.03 —4,10 280.10 —5,403.10 490.00 1 0,70300 2,700.10 —8,640,00 490,00 3 5 56,760 03 5.160,10 —50,050.03 300.03 56 —10.72008 4,680.035 —11,790.90 4090 2 1,21,84000 1,040.10 1,19,500.10 1,51003 1 2,14,610.03 3,010.00 2,10,000.10 2.mmDE 1 3,54,80308 410.03 3.13,600,00 4,000.00 1 2.12,30303 5,100.80 5,n,mm.w 1,50330 2 0,43003 3,403.03 3 7,030.00 1,50300 — —3,120.03 60.10 —3,600.03 75000 — —$3,336.00 136,80 4,800.10 75003 1,5 9,090.03 0,200.80 —2,410,30 3,50000 1.$1,000.03 16,940.001 6 6.00000 5,003.03 5 51,5 52,WO.W .52 52,10 52mm 08 tO 65003 0 9,850,80 $5,050.80 5 3,850,00 5 6,50000 5 6,50300 $25,030.00 5 25,080.10 $ 1,000.00 $5,WO,03 S ‘5 5,000.10 5 5,00003 5 5,03 $5,000.03 $ 55.80 $ln,450.00 5 (3,003.10 5 6000 5 11,43008 $60.03 $11,403.03 5 85.80 $1,703.00 5 210.00 5 9400 $1,800.03 5 60,90 $1,210.10 S 604.03 0 11,403.00 0 l2,s5004 5 71003 5 13.310,10 S 603.80 S 1140303 5 65003 5 1235003 9 TITAN EARTHWORK,tIC 0CfMATE COST I TOTAL CC 00,000.100,1 50mm 50,1 5,00008 5,1 50003 11.00 0,1 1O,10.1 07,370 5071 29,530 29,1 04,500 104,1 62.4371 71.113.1 25.mm 12S,I 125 12.1 75,000 75,1 02.220,1 31.74,1 157 260,’ 7.33.1 241,03 24,: 700.03 302,; 0 16S,69003 27,605.30 15,30300 9,440.03 —0 17,460.03 32,900.90 3,600.03 4,230.10 33,110.80 —22,620.00 2,0 26,195.03 2.0 12,120.90 600 22,490.10 10,320,03 9.mm.w 2,550,03 2 1,92000 .1-’10,290.03 6900 0919903 52,mm S 03 $6,011003 920.0 in CA 97.0 75000 5,SO $ 0 14.28010 S 65003 1 12,35000 1 55 PS Aooro Freemano ‘Soarsen’/SCarlet Sentinrl Mople; 46 8.02 2.5”cal..12”14’ht 4CA 5 750.03 $8,WO30 $000.03 0 3,20003 6 75004 $300003 0 .S 85000 $3,410.04 5 52590 9 2,11000 5 003.10 $3,203.00 $025.00 5 3,030.03 PS Fothergilla gardenhi ‘Blue Mlst’/Blue Mist Dwarf 47 8.02 otherglllo;26a1.Cont.IVFA $3500 $63003 5 32.03 5 57609 30.03 $540.03 0 (90.03 33.90 $594.80 $60.10 $1,080.03 5 35.04 $530.03 5 33.10 $594.04 40 0.02 Hebe anomal3 ‘Purporeg Nov81 Dwvrf lUbe 146 LA 5 35,00 $5,100.03 5 27.90 $9,942,03 5 25.30 $3,650.00 5 )14B003 $3003 $430000 $4030 $S,t4O.00 $3S,00 $5,110.03 5 27.50 5 4,015.03 5 spirveajaporloa ‘Yar’/Double Plaf Gold Spirea;26 - 490.02 not 47CA5 3S.O0$1,645.03$2710$1,269.03$2503$1,175.03$470.10$30.10$1,410.905 55.035 2,S05.O05 35.90$1,645035 27.505 1,292.50 S Weigela florida ‘Eluira’/Midnight Wino Welgelt;2S I. 500.02 Ont.207CA 5 35,905 7,245.03$27.035 5,559,005 25.90$5,175,035 2,070,030 30.03$6,210.030 55,305 11.305.035 35,105 7,240.90$27.505 5,692.50 SPernisetum onienfole ‘Kanley Rose’?Pink Fountain — 51 0.02 rass;2 Gal.Coct.30 EA 5 35.08 $1,OSO.W $27.03 S 810.00 S 23.03 $750.03 9 900.80 6 30,90 $900.10 0 55.30 S 1,6S0.00 $3S.03 $1,OSO.00 $27.50 025.30 52 8.02 Sseslenioautomnalls/AutomnMoorGrats;OGaI.Cor.OO5EA $35.03 $6,475.00$16.005 2,960.90 S 15.00 $2.775.000 13,700.000 10.305 3,930.10 5 25.035 4,625.00$35.005 6,475.00$16,505 3,052.50 S Hemerocallis ‘Purple D’Oro’/Purple 0Dm Daylill;1 530.02 ol.Cont.29PA5 1000$52200$16005 464005 15805 435095 07.805 ltOD$522.005 25.04$725.10$35.03$1,015.90$16.50$478.50 5 Erica carrea ‘Myrotoun Ruby’?Myrotoun Ruby Wint 54 8.02 eath;lGaI.Cort.——,—3VFA $18.90 $50410 $16.03 $80003 $15,00 $570.10 $(114.10 $1800 5 684.03 $25.00 $95003 $35.03 5 1,330.10 $16.50 $627.00 130 TA .5 35.04 5 08,55000 5 1350 5 30.04 $10,590.30 $ 5 iSo.00 $31,503.03 $ 1.75510 1’ 5 (50500 $1503 $1,950.04 25.80 0 12,62S.00 5 2 120,000.04 6 120,900.00 5 110,10 35.90 --35.10 $51,450.03 5 195003 21’AGENDA ITEM #7. b) 150Imacsocroo0059515519155Sl00599S05010696S00050101500•059’99$00.005’99951100015015$00016’96$00.000’nv50091051500016150000061$0000010005511500906150000010$so0056$0000061$000001$so00050s000006$maccs)$130091600500600050000900$000001$0000000$0000005000006050000015000061005oo•oc6100s$05009’96500.500’996$000009$000001506119901060051006)905150000000SccosCn.$$0r090•n$00.699•009$0005165006165UCO0500000050000001$0000015000000010000005(000001)5000000S000005000016506016UC000095000019$00000’06$00000015UC000’09$0000015UCW5195UC060’15(0050901)5005906*0696660005011$060590$$000001500000900000000006910000659050000000500000101$0000011000090150060$00000615000000050900000560$0000000$000069S00000005000006$0000591$0000055006611000006500000S000060S000015060000000001000000000095)iZ5Y00oslo100001$00000006005S000061000000000009S00009506001001000600$0000600S000010mm61oo500000650000660UC0mos61oo$000100000110$00050$000060100009$0005110S000015aosiai—$09050901$060600550090600050000001000051615000000600611—3OU0O$0600*01150000001500015’6S:::::::0605$000501000015)acoooo)$00000$00000000060106$00090610005061500050906606001065000590005000606115.0611OU050’1$005010900000506066100006960$SIS5$T009106150069*5000651$000600000100000550$jflolqnlSOOIWS001dW1JOOM-09.jnp00-595’OOS)%01I16*’S00059’SOo109IlflP•4P5090699016901060019610000000S06060001060dM0066COInSUi016100010600660600000601500%$00006110$00010$0000060$0000050000001100000$000000$acoogco5000115000016100501150600601500000j1j$J-910!I0!J900601001060036000010001106!6000we!c0606i60010u050!uJn00090910006$000500$0000150000015060005000016S00005006$0009110506901$0600011$00050$000001500000£ol166601606010010010000000aiqeol0609JOJuol0066l000p0eooow6000010$000010$00000005W50$009$0000095060059$060009$06000)50600165000016$000560050000061500000000000030106waio0oJOJO%161001030006600100$0000005000000$0000001$00015000600$000000$0006000000000500016161)$06009506009$001$001560000000000003000!160061006000606366603JOlojoo001000060060500011$000000$00051$0006060$00001$0000005060915.06000)$00000_I06090$000069$00000$000606000000Au00I’loCJouaSpaIioooul60-016—_.0014909000466600190000000961166115siT060006169660606106sog610969910611$569.ooiqoçtoti.w.ooo6w0.Mp600-00$0P0915—001$000$0010010000000100000001$0000000000000-0050000000000000000$000001$000001100304io300116900100aSS00050010050000003100000001$moV00000000-0150000300000060060$000000$00100119000030600uoisoi000900_I165000110603000000000000000000sI0500501000009010010196005050000600965000500000950000506100-000_Io0000061100009100010—9090100969100061000o6000005000650009$00006001100061000006509009I4000900_I66oi$so0000500090000090100)090061000000000161——0505010604dioooodooopuoo00_I10000000000000610000660610006610000056565—0590003609000091301566010_I06I001000060500000000510000001000-000_IS000991010000100006600010_ISO$0000991001000o)060000006——-300695069000600000004601004woo00_I006005669600005160000S160000000000o0000006106060001600916c00015110690006000W01131010011510100W1500_III060100006010006ol006—0000—3°0L____0090I011id00_I—00001009000059—0010013JUl1300_I10000000616060900000660$0550600000011600005016006400_I900000900-000_I000000001000005001$6009096000009066006400_ISI06006000006100600001600066006$660906001091003l06665006610300_I61000000000010960000060000150$095*05o,6551090311000001011130000060011100005$000001—001155———60000lOiOOJ0OiJIlId00_c01660609000000666000100011650105——9500000000010iOIlId00_cSI19005010000106616000106900100500$13019000619J0M1100705166300_I00615100000000005611000001o006101$10$——30090061doo06009300061oi1910I00009000000050005000500000000000000100$00105$900059051Iuoolio00001060310-0II090coO500000000000000000900009990&)0000060006000590$00090$0000651690600607ow0J1Oç1136000!111i1610I00l110096000100000060$0000065000006010000510$00000050000001069001615009019600001090100006000$00005111$00005100$000000$000060051100060*03910900055000003004110000700191uoowoooç01o00963605001000000001JO006619000061005000000650000665000006$00000650005510S0005010$0000061$00600015006000150005011$00050105W00’IZ5000000$51I00000603001600100001JIMOpoioso500000000151096003willIs1015066610010141113JOJO10101IIPOIS0010061950610000050000095$0000050050000010$00000055000061550000605$0006900000099006$00059066$0000060$0000065$000000050000016$011aJothoo300001UO10000000010000056J05050fl0060I$0MW0JIO0UO10101WOOI6001001650541001050!.]JOJoowoodo00000009$00000009_000019550000199$00006105$0000055$0000605$0000060$0001000$00050006$00000066$00000000$00005065$0000616.0000016$0100006010300101O1000I0000I000005P005150000090000691003&W1010500101006005p001001!50501000090!0]006000000501000116009506110009$00000195900060595$0000055$00000000$0000006050000006550001600$00060906600006600$00005505$00005565$0000106$0000116$015000IdWO]00I01UO1000000601000015950590000000huMwooAs0016001W019600100650144000IO!J0!nJO1000000500000110009$00005950001101900000500$000010$00000_OSS0000006$0000561$0000l05005100$00006101$0000050000000500009650000106100055166S000151660000160$5100010w0300I010000000010000056000050000000W111J10310woosOsOOSIO1IOOIII001110050105011016010910ouaoooeidos00005605AGENDA ITEM #7. b) Rerrrooal and Replacernenl of Unsuitable Foandation 120 7.17 MaterIal 40 CV $180.01 1 4,00040 S 1S0W 5 6.08030 1 15640 $6,20650 $2,240.40 S 50.40 5 2.00180 5 7540 3,00050 5 510.80 $4.44000 $7540 $3.00040 121 7.17 ‘umish and Inotsll 0 In.Slam.PVC Sewer PIpe 40 60 $0140 $3,10030 5 4030 $0,910.50 $fl06 6.44000 1,620.40)$280.40 $18..40 5 300.00 $27,00040 $250.40 $22.50000 $67.00 5 6.03000 122 7-17 ‘4191610 and Install 12 In.Diam.PVC C900 for Sewer Pir 150 LP 5 100.00 10,00 5 112.40 $11,280.50 $12300 5 12,340.40 2,300.50 $210.40 $05.40 5 350.00 35,40 5 203.50 $20,34040 $129.40 $02,980.80 123 7.17 Bank Ron Sraoel for Trench tac%ti!l Sewer 230 TON $30.40 601 S 55.00 5 12650.40 $24,40 $5,520.60 5 (1.30860)$15.40 5 3,45000 $5040 nO,500 00 5 3000 6,94040 5 7950 5 667000 Sub300slfoh.daSeA3 01,100.00 $48,411.00 $39,333.00 $(1,717.00)$64,55030 03,00100 76,900.06 $83.03030 fain Tao (lOX)4.11000 $4.041,10 $3,930.30 $(171,70)$6,455.06 8,000.06 7,690.00 5 4,303.06 Soh.dul.A3.S.warknpneuamantssa0008al 45,01000 $53,252.10 $43,321,30 5 (1,608.70)$71,005.00 96,000.00 84.590,00 $48.213,00 Total Roadway lmpros’ir—.nts CoSt )Sdrrlt’ie Al 062 +471 5,131,211.10 $8.331,240.20 $7.197,237.70 $365,956.70 $7,751,40150 1,420,74030 8,570.631.00 $7.803,63035 1300040 01-EXTR 34373’F9)00M6NTS 200 2.09 0001 roiW Fill 40 CV 25030 8,000.40 5 30030 12,40 1 14000 5,450.00 5 1.600.80)06550 5 6,65006 1 780,40 5 2800030 $30000 12,40030 $179.40 5 604050 200 4.04 she ‘u ring Base Course 90 TON 4940 4050.50 $5010 5 5,53550 13640 12,240.00 $0,106.06 2500 2,25506 j $100,00 9,40 $50.00 5.40006 $3150 $2035.38 202 504 MACI 5/7 00 64.22 it TON 11050 12,150.50 $161.00 $17,71050 125.50 13,750,00 $1,650.40 16040 17,600.50 I $200.80 22,00006 5 17106 19,25006 I S 22100 5 24750.40 203 708 $jfl(a E,cauatlon Trench S 20,01050 S 130 150 530.40 530.00 (19,47040)6,04000 5 6,.W I 5 1,060.00 i,50 1 7,500.40 7,50006 I S .j’50.00 204 7.09 andn Ting Water Spstetn V 10,080.80 10,40 $130 $1.06 3,216,40 3,21630 5 6,704.061 4,540.50 5 4,500.80 5 3.000,00 $2,700.80 1 2.740,50 emooal and Replacement of Unsuitable Foundation 205 7.09 Mnterlal 3 CV 180.00 7,55080 $150.00 $11,250.00 156.40 1038000 $4,280.80 $50,40 $3,75030 040.40 $7,540.40 $110,80 0,250.40 7530 $5635.80 Unnish and Install B In.ham.Ductile Iron Pipe for War 206 709 in &Fittings ‘100.80 0,.40 $214.80 $4,280.40 143.00 240800 5 860,50 $430.40 5 8,600.80 $511080 $10,.50 34030 5,400.06 172.00 5 344000 urnish and Install 1219.11am.Ductile Iron Pipe Ion 207 7.09 ten Main &Fittings St 150.40 76,550.40 $124,00 $63,240.50 5 207.50 50557040 $29,070.80 $185.80 $94,350.50 $27980 $140,250.40 $203.50 144,330,00 $110.00 $56 rIO 40 200 7.09 nk Run GrUoel for Trench Backfill 350 ION 30.00 11,780.80 $55.01 $21,450.01 $24.40 030070 $(2,340.801 5 15.01 $5,850.40 $5001 5 19,500,40 5 00.40 11,700.40 5 29.50 5 11 OttO 80 209 7.09 mention to Esitting Waler Main EA_,5$5$S,30 12,35040 $24,700.40 5 5,500.00 11 01 5 6,001.50 $25,080,01 $90 .00 $10,50030 $20,080.01 $5,800.50 10,080.40 $0,163.00 5 0633640 210 7.09 Tb It Blocking and Oead.Man Anohor Block’t CV 350,40 3,50030 1 ‘56 00 $2,60030 5 1,180 01 11 105300 7501.00 1,00030 $to 00 5 411006 4,04030 $750.80 750040 395,40 5 355000 211 7.12 stall 12 In,Gate Valve Asoemblu PA .Jj 5.00330 1 2,65000 $5,98030 1700.01 554010 50050 3,00040 $080000 5 ,,,,,,,,,,,,,,,,,j00O 80 8,000.01 $2,800.01 68040 2,051.01 1 590240 212 7.14 stall Hydrant Aosembly PA 6,580.80 $t,tOO 10 5 0,10801 4,905.80 4 91St))(151580 7,580.06 $750106 5 7,.W $10,00000 10 04000 6,140.00 1 614080 113 7.14 alve Hydrant PA 90001 95040 $41040 47000 $00040 80040 115040 3,050,50 $3110006 5 1,00001 1,.W $2,.00 3 40 475.00 $47501 214 7.15 stall 4 In.Water Seroice ConnectIon FA 3,75050 3,70000 5 5,29500 5 5,20540 $11,525.40 1351501 5 900501 7.80600 5 7,40 5 4..W 4.050,00 $7,550.40 7.50180 5,540.00 5 554000 215 0.04 ens conc.Tra0Ic Curb and Gutter F 3580 74040 5 12500 $2.54040 5 0650 1 09140 $1 08001 12000 5 245080 5 6050 1,50600 $0050 80 120.80 5 240000 5110006.1 Schedul.8 177.15400 5 185.25000 214,315.00 $37,166.80 5 235,440.06 5 285,250.00 265,090.00 $157,793.01 5.1.5 TIe (10%)17,715.00 5 18,520.00 $21,431.66 5 3,715.60 5 23,540.06 5 20,525.40 26,503.00 5 55.77930 Soh.dcd.I.Fase.Water Iprenns.n’.nss SaRdot.l 194,165.00 5 283,720.40 $235 ,a,60 5 40fl’50 5 250,940.40 5 313,775.06 291,533.80 $173,57130 °CHEDUP CC.EXTRA STORM DRAINAGE IMPROVEMENTS 300 4.04 Crushtd Surfacing Base Course 140 TON 4530 4,50006 5 6930 S 6,98000 $13650 13,$$25.00 $2,500.80 $180.60 10.10900 5 60.80 6,40 31.50 $3.15000 301 5.04 HM6 Cl 1/2’P064.12 10 TON 110.40 t4,30050 $16030 5 21,04050 $32550 16,5$$,J $1,5$QJ $160.00 $20,800.80 1 250.00 26.00 5 201.01 26,00 22501 5 20,250.80 302 730 Tocrile Iron Storm Sewer Pipes In lIOn LV 100.80 1,00 $24430 5 2,44000 117.00 $51255j $37050 $3,74040 $38040 3,00050 $150.00 1,18050 17540 5 1.75000 303 105 DuctIle Iron Storm Sewer Pipe with Poln,nap 8 In liar 180 LV 120.00 12.50 5 11140 5 11,380.50 135.50 lO,$,J $170.00 $17,040.80 5 30140 30.50 °205.40 $20.54050 5 0600 5 6680.00 304 7.04 PVC COO)for Storm Sewer 12 in.11am.67 LF 12000 60450.50 $8001 $47,800.60 13206 75,240.80 $5,040.80 $125.00 1 71,250.50 $34000 $171,000.00 10600 150.02050 6630 $37,620.00 305 7.04 Polypropylene Storm Sewer Pipe 12 In.Olam 2 LF 100.40 2,.00 $98.50 $1,560.50 145.80 2,980,01 $55040 $24050 $4,880.50 $301.80 $6,.00 100.40 3,60050 105.00 $2,100.40 306 7.04 Bank Run GractI lot Trench tankful Storm 59 ION 30.00 15,560.80 $57.50 $30,210.50 2480 12,720.80 $(3,180.80)$15.40 $7,950.40 $50.00 26,500.40 30,00 15,90140 29.00 5 15,370.06 307 7.05 C oncrete In let CA_1,26040 $2.06606 $2..W 2.950,80 2,050.40 $850.50 $1,580.50 $1,58006 $1,540.50 $1,500.60 1,540.40 1,58000 0,02050 5 0.82000 308 7.05 Catch 0801+lype 0 CA 4,380.50 5 1,775.06 $5.32580 ,J,5$$5,040.80 $240.80 $1,640.00 $4,00001 5 1,580.50 4,500.80 2,000.80 6,.00 2,020,00 5 6,06000 309 7.05 Catch BasIc Type 240 In.11am.CA 14,460.00 5 4,150.50 $16,650.00 ._J25$14,800.60 $440.06 $4,300.50 5 17,200.00 $4,00680 $96,.W 4,500.40 00,.00 5,60040 5 22,450.50 310 700 ShotlngorEstraEtcaoatlon Tnench IS $$,20,000.60 $1.40 5 100 780.40 780.40 $19,380.60)5,000,50 $5,00000 5 50080 580.40 5 4,600.40 4,.80 2,3S0.01 $2,35000 311 0.04 Cement Corn.Traffic Curb and Gutter 60 LV 3500 2,100.60 $101.01 $6,800.01 75.40 4,550.40 $2,480.80 $120.40 $7,206.50 5 50.80 3,040.40 $130.50 7,080.00 97.00 $5,820.50 Sch.dtoI.C.Ease.Steele Onolell.kepeoXamsota 56btws.100,108.80 $152,456.08 162,476,00 $1,078,00 5 163750.00 $298,600.00 217,128.00 5 196,298,00 “cyphUl 0)’EXTRA SANITARY SEWER IMPROVEMENTS 400 4.04 rUshed Surfacing lose Courre 50 TON $45.40 2,700.00 5 46.50 $2,790.80 $136.40 $8,160.10’5,460,01 $25.00 5 1,50080 $140,40 $6,80000 $60.00 3,600.00 31.50 5 1,090.00 401 5.04 HMA Cl.1/2”P5 6422 73 TON 5 110.00 5 7,70140 168.50 $11,760.00 $125.50 5 8,790.06 5 1,050.01 5 150.50 $11,28080 5 280,50 5 14.80006 $280.40 5 14,040.50 0 225.09 5 15,750.40 4+2 7.05 Idjust Sews,Manhole V PA 5 600.00 0 1,080.00 9 915.50 5 2,745.80 $74550 $2,235.50 5 485.00 $600,00 5 1,000.00 $750.50 $1,25050 $1,000.00 $3,.50 0 475.06 5 1,425.80 403 7.00 .horinl on Eetna Eacuca lion Trench 1.5 5 1O,.01 S 10.06 5 1.06 5 1.40 $230.00 $230.00 5 (9,770.001 $2,500,50 5 2,500.80 $SW.00 5 50080 $10,000.00 0 00,80050 5 2,350.01 9 2,350.80 404 7.17’urnith and Install 12 In.11am.PVC C900 Sewer Pipe 23+iF 5 33001 S 23,00 9 0150 $18,745.01 $123.06 $20,201.50 $5,298.06 $225.60 $91,75040 $25050 5 57,500.40 $391,06 5 09,93500 0 11150 9 25.53040 405 7.67 lank Bun Gn.1uel for Trench lacktill Sewer 290 TON S 3050 3 8,75080 5500 $15.950,00 $24.06 5 6,960.40 $(1,740.80)$1550 5 4,35040 S 5400 5 14,500.40 $3050 5 0,701.80 5 2906 5 8,41040 406 I’ll FurnIsh and Install 62’lnch lion.CIPP for SapilOy Sew 601 .1 5 4040 5 40101006 6 132.80 $75.24040 $118.50 $70,.W $22,800.40 5 040.01 5 84.50 $130.06 5 78,40 $160.50 5 96,00 S 136.09 5 81,600.06 Subtotal 505.4.16.0 3 501,900.00 $131,191.40 $125,425.00 5 23,525.06 5 151,160.00 $170,150.00 $225,230.00 06.955,00 Sales Tao (10%)$10,19040 5 13.119,10 $12,542.50 $2,352.58 $15,710.00 5 17,275.00 5 22,923.00 $13,695.50 Sch.dala 0.Oslna 5.la95 Saw.n loSpnoa.wans.Sabtot.I 5 112,09000 5 144,310.10 $137,967.58 $23,077.50 5 172,010.30 $190,025.06 5 247.753,06 $160,690.50 5.031 Coesenofliop Pest (Sthadula Al 042 +6300 +Co 1o 57,291,13600 I I $8,831,720.30 I $7.fl3.422.80 Is 494546.80 I $8,343,91150 $8,223,544.00 $9,327,037.00 5 8,270,156.05 AGENDA ITEM #7. b) Project: Williams Ave S and Wells Ave S Conversion Project ‐ CAG‐20‐001Due Date: January 24, 2020Opening Date: January 30, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Fed Non Sub UDBE UDBE Recycle Cont Bid AddenSchedule of PricesCert Coll List Cert Conf Mat Cert Bond 1 & 2*Includes Sales TaxActive Construction, Inc.P.O. Box 4301PuyallupX X X X X X X X X X $8,831,737.20WA98371DavidCeccantiCascade Civil Construction, Inc.P.O. Box 734572PuyallupX X X X X X X X X X $7,733,485.80WA98373Alan AplinMarshbank Construction, Inc.P.O. Box 973Lake StevensX X X X X X X X X X $8,346,912.50WA98258DavidMarshbank BidderFORMSEngineer's Estimate$7,402,906.00 $7,298,836.00 (revised on 2/4/2020 per Keith Woolley)AGENDA ITEM #7. b) Project: Williams Ave S and Wells Ave S Conversion Project ‐ CAG‐20‐001Due Date: January 24, 2020Opening Date: January 30, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Fed Non Sub UDBE UDBE Recycle Cont Bid AddenSchedule of PricesCert Coll List Cert Conf Mat Cert Bond 1 & 2*Includes Sales TaxBidderFORMSR.L. Alia Company107 Williams Av S4RentonX X X X X X X X X X $8,223,540.00WA98057VitoAliaR.W. Scott Construction, Co.4005 West Valley Highway, Suite A5AuburnX X X X X X X X X X $9,327,037.00WA98001JeffScottTitan Earthwork, LLC1585 Valentine Av SE6PacificX X X X X X X X X X $8,270,151.05WA98047BrettMcKenzieEngineer's Estimate$7,402,906.00 $7,298,836.00 (revised on 2/4/2020 per Keith Woolley)AGENDA ITEM #7. b) AB - 2604 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Print Shop Copier Lease RECOMMENDED ACTION: Council Concur DEPARTMENT: Administrative Services Department STAFF CONTACT: Mehdi Sadri, Information Technology Department EXT.: 6886 FISCAL IMPACT SUMMARY: The Operating Lease Agreement is for the 60 months at a cost of $2,189.96 (plus tax) per month or $26,279.52 (plus tax) per year. SUMMARY OF ACTION: The City's Print Shop production copier lease from 2014 with QBSI-Xerox has expired after a 60 month term. We have meet with various vendors and reviewed different models and their functionality that would best suit the current and future needs of the City. IT, along with Karl Hurst, Print Shop Manager, discussed various aspects of each different machine, package and pricing and have selected the Xerox Financial lease and QBSI for service and supply in accordance with the City of Renton's Multifunction Printer (MFP) Master Services Agreement # 02012020. IT's current 2019/2020 budget for Print Shop copier equipment is $55,000 per year. With the new lease there would be an annual savings of $8,050 with improved features and performance. EXHIBITS: A. Xerox Financial Lease Agreement B. QBSI-Xerox Sales and Service Agreement C. Multifunction Printers Master Services Agreement # 02012020 STAFF RECOMMENDATION: Approve and sign Xerox Lease Agreement for a 60-month term and QBSI Sales/Service Agreement for the Print Shop Copiers. AGENDA ITEM #7. c) xmaoxCd. .j I1... II ll‘I'D:I-lnrlliiuula AGENDA ITEM #7. c) ;n E .1. .. IIII III II.II...... f.....__.... . IIn.... . I....r........... II.......I III I I .I III III.. 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' 3*‘-=:=IlliIIlI%"‘%I I r J:'>‘xv I-' "I-::‘.;._‘=— ‘ »_l;.;~.i.4.*1 ‘-'2“iii U!‘§:E"«-‘a .e-.f 3 ‘II9E__I _ 1li?iii %%q-.2-_ =:=!!Il? I r ..,.‘.'.4..5'3’..”-3;: .,‘.:.‘...=| "Er!W iiil?iiii J AGENDA ITEM #7. c) AGENDA ITEM #7. c) AGENDA ITEM #7. c) AGENDA ITEM #7. c) AGENDA ITEM #7. c) AB - 2608 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Hire Vacant Senior Finance Analyst (grade m25) Position at Step D RECOMMENDED ACTION: Council Concur DEPARTMENT: Administrative Services Department STAFF CONTACT: Kari Roller, Administrative Services Director EXT.: 6931 FISCAL IMPACT SUMMARY: No Budget Impact SUMMARY OF ACTION: Finding a qualified candidate for the vacant Senior Finance Analyst position has proven to be difficult in the past several years. The Finance Division has been activity recruiting another Senior Finance Analyst position which has been vacant since July 2019. It has been difficult to find a qualified candidate with governmental experience and the education required for this position. Raevel Chea is a talented professional with over nine years’ experience of which over five of those years was working at King County Housing Authority and Renton Technical College. Revel has a Bachelor’s Degree in Business Administration and Accounting from the University of Washington. Through the interview process Raevel stood out from the other candidates for the Senior Finance Analyst Position. It is our opinion that we will not be able to find an individual more suited by background, skills and abilities to fill this position. There is no budget impact since the employee holding this position previously was earning a Step E. This will result in a salary savings in 2020. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Authorize staff to offer Raevel Chea the Senior Finance Analyst (grade m25) position, at Step D, effective April 1, 2020. AGENDA ITEM #7. d) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:March 9, 2020 TO:Ruth Pérez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Fiscal Services Director SUBJECT:Hire Vacant Senior Finance Analyst (grade m25) Position at Step D BACKGROUND The Finance Division has two unfilled Senior Finance Analyst positions; one which has been vacant since July 2019 and another just recently in February 2020. ISSUE Finding a qualified candidate for the vacant Senior Finance Analyst position has proven to be difficult in the past several years. The Finance Division has been activity recruiting another Senior Finance Analyst position which has been vacant since July 2019. It has been difficult to find a qualified candidate with governmental experience and the education required for this position. Raevel Chea is a talented professional with over nine years’ experience of which over five of those years was working at King County Housing Authority and Renton Technical College. Revel has a Bachelor’s Degree in Business Administration and Accounting from the University of Washington. Through the interview process Raevel stood out from the other candidates for the Senior Finance Analyst Position. It is our opinion that we will not be able to find an individual more suited by background, skills and abilities to fill this position. There is no budget impact since the employee holding this position previously was earning a Step E. This will result in a salary savings in 2020. RECOMMENDATION We recommend that the City Council authorize staff to offer Raevel Chea the Senior Finance Analyst (grade m25) position, Step D, effective April 1, 2020. AGENDA ITEM #7. d) AB - 2609 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Hire Vacant Senior Finance Analyst (grade m25) Position at Step D RECOMMENDED ACTION: Council Concur DEPARTMENT: Administrative Services Department STAFF CONTACT: Kari Roller, Administrative Services Director EXT.: 6931 FISCAL IMPACT SUMMARY: There is no budget impact since the position was budgeted at a Step D for 2020. SUMMARY OF ACTION: Finding a qualified candidate for the vacant Senior Finance Analyst position has proven to be difficult in the past several years. After three rounds of application reviews and interviews, we finally found a highly competent and team and customer service oriented candidate. Stacy Robinson is a CPA and MBA with over 15 years of experience. Through the interview process, Stacy stood out from all of the other candidates and he received remarkable reviews from his most recent supervisors. Stacy will bring much experience and talent to the Finance Division. It is our opinion that we wil l not be able to find an individual more suited by background, skills and abilities to fill this position. EXHIBITS: A. Issue Paper STAFF RECOMMENDATION: Authorize the Finance Division to offer Stacy Robinson the Senior Finance Analyst position at grade m25, Step D, effective April 1, 2020. AGENDA ITEM #7. e) ADMINISTRATIVE SERVICES M E M O R A N D U M DATE:March 9, 2020 TO:Ruth Pérez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kari Roller, Fiscal Services Director SUBJECT:Hire Vacant Senior Finance Analyst (grade m25) Position at Step D BACKGROUND The Finance Division has two unfilled Senior Finance Analyst positions; one which has been vacant since July 2019 and another just recently in February 2020. ISSUE Finding a qualified candidate for the vacant Senior Finance Analyst position has proven to be difficult in the past several years. After three rounds of application reviews and interviews, we finally found a highly competent and team and customer service oriented candidate. Stacy Robinson is a CPA and MBA with over 15 years of experience. Through the interview process, Stacy stood out from all of the other candidates and he received remarkable reviews from his most recent supervisors. Stacy will bring much experience and talent to the Finance Division. It is our opinion that we will not be able to find an individual more suited by background, skills and abilities to fill this position. There is no budget impact since the position was budgeted at a Step D for 2020. RECOMMENDATION We recommend that the City Council authorizes staff to offer Stacy Robinson the Senior Finance Analyst (grade 25) position, Step D, effective April 1, 2020. AGENDA ITEM #7. e) AB - 2598 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan RECOMMENDED ACTION: Council Concur DEPARTMENT: Community & Economic Development Department STAFF CONTACT: Hannah Bahnmiller, Housing Programs Manager EXT.: 7262 FISCAL IMPACT SUMMARY: $80,000 to be allocated from Department of Commerce E2SHB 1923 grant funds (approved by Council on 3/2/20). SUMMARY OF ACTION: In September 2019, the City of Renton submitted an application to the Washington State Department of Commerce requesting grant funds from the E2SHB 1923 legislation for a Housing Action Plan. The Department of Commerce notified the City of Renton that it had been awarded $100,000 in November 2019 to complete a Housing Action Plan by June 15, 2021. The City engaged BERK as a potential consultant off our roster list in early 2020 to complete t he city-wide Housing Action Plan, which was allotted $80,000 of the grant funds. In January, BERK submitted a proposal including a revised Scope of Work to the City. EXHIBITS: A. Issue Paper B. Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan STAFF RECOMMENDATION: Staff recommends: (1) approve the Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan; and (2) authorize the Mayor to execute said agreement in substantial the same form. AGENDA ITEM #7. f) DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:March 16th, 2020 TO:Ruth Perez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:C.E. “Chip” Vincent, CED Administrator x6588 STAFF CONTACT:Hannah Bahnmiller, Housing Programs Manager x7262 SUBJECT:Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan ISSUE: Should Council approve a professional services agreement with BERK Consulting, Inc. (BERK) for an $80,000 contract to develop a Housing Action Plan under E2SHB 1923 by June 15, 2021? RECOMMENDATION: Staff recommends: (1) approve the Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan; and (2) authorize the Mayor to execute said agreement in substantial the same form. BACKGROUND SUMMARY: The 2019 Washington State Legislature passed Engrossed Second Substitute House Bill (E2SHB) 1923 encouraging all cities planning under the Growth Management Act (GMA) to adopt actions to increase residential building capacity. Five million dollars in grant assistance was provided to encourage local cities’ participation in implementing this Act. Under this legislation, cities that elect to develop a housing action plan or adopt at least two of the activities in RCW 36.70A.600(1) are eligible to apply to the Department of Commerce, Growth Management Services Unit for grant assistance of up to $100,000. In September 2019, the City of Renton submitted an application to the Growth Management Services Unit requesting grant funds from the E2SHB 1923 legislation to develop a Housing Action Plan. The proposed scope was developed by BERK and included two components: 1) coordination with major South King County communities (the cities of Renton, Kent, Burien, Federal Way, Auburn, Tukwila) to develop data, an online policy dashboard tool, and strategies under a Sub-Regional Framework to support AGENDA ITEM #7. f) Ruth Perez, Council President Page 2 of 2 March 16th, 2020 each jurisdiction’s Housing Action Plans and 2) a Renton Specific Housing Action Plan that will explore community needs and strategies in collaboration with a range of stakeholders involved in the development and preservation of housing. The Department of Commerce notified the City that it had been awarded $100,000 in November 2019 to complete a Housing Action Plan by June 15, 2021. $20,000 will be allocated to support the completion of the Sub-Regional Framework, while $80,000 will be retained internally to engage a consultant for the city-wide Housing Action Plan. The City of Kent operates as the lead city for the Sub-Regional Framework and authorized a contract with ECONorthwest to complete the South King County data collection and analysis. The participating cities will collaborate amongst themselves and with South King Housing and Homelessness Partners (SKHHP) on this framework. For the city-wide Housing Action Plan, city staff engaged BERK as a potential consultant from CED’s consultant roster list in early 2020. In January, BERK submitted a proposal including a revised Scope of Work, which was reviewed by staff and further refined by the consultant based on feedback. CONCLUSION: Engaging BERK through an $80,000 professional services agreement to complete a Housing Action Plan will allow the City to address critical needs for housing capacity in the context of Renton's community needs. The development of a Housing Action Plan also supports the City’s 2015 Comprehensive Plan Housing and Human Services’ goal to, “adopt best available housing practices and implement innovative techniques to advance the provision of affordable, fair, healthy, and safe housing for renters, homeowners, and the homeless. By the end of year 2020, adopt a strategic housing plan tailored to achieve this goal.” cc: Bob Harrison, CAO Jason Seth, City Clerk Jan Hawn, ASD Administrator Cliff Long, Economic Development Director Mark Santos-Johnson, Community Development and Housing Manager Attachments: Agreement for Professional Services with BERK Consulting, Inc. for E2SHB 1923 Housing Action Plan AGENDA ITEM #7. f) AGREEMENT FOR PROFESSIONAL SERVICES WITH BERK CONSULTING, INC. FOR E2SHB 1923 HOUSING ACTION PLAN THIS AGREEMENT, dated February 19, 2020, is by and between the City of Renton (the “City”), a Washington municipal corporation, and BERK Consulting, Inc. (“Consultant”), a Washington corporation. The City and the Consultant are referred to collectively in this Agreement as the “Parties.” Under Section 15, General Terms and Conditions, of the GMA Update Grant Agreement between the City and the Washington State Department of Commerce (“Commerce”), Contract No. 20-63314-022 (the “Commerce Agreement”), the City notified Commerce of the City’s intent to subcontract for work identified under the Commerce Agreement. Commerce consented, subject to this Agreement incorporating certain terms of the Commerce Agreement. The Parties to this Agreement acknowledge that it is their mutual intent to incorporate such terms into this Agreement. Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. 1. Scope of Work: Consultant agrees to provide services to support the development of a Housing Action Plan for the City of Renton as specified in Exhibit A, which is attached and incorporated herein and may hereinafter be referred to as the “Work.” 2. Changes in Scope of Work: The City, without invalidating this Agreement, may order changes to the Work consisting of additions, deletions or modifications. Any such changes to the Work shall be ordered by the City in writing and the Compensation shall be equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually agreed by the Parties. 3.Time of Performance: Consultant shall commence performance of the Agreement pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later than June 15, 2021. 4. Compensation: A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall not exceed $80,000, plus any applicable state and local sales taxes. Compensation shall be paid based upon Work actually performed according to the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or AGENDA ITEM #7. f) PAGE 2 OF 11 flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided herein, the Consultant shall be solely responsible for payment of any taxes imposed as a result of the performance and payment of this Agreement. B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which Work is performed, the Consultant shall submit a voucher or invoice in a form specified by the City, including a description of what Work has been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Consultant shall also submit a final bill upon completion of all Work. Payment shall be made by the City for Work performed within thirty (30) calendar days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Consultant’s performance does not meet the requirements of this Agreement, the Consultant will correct or modify its performance to comply with the Agreement. The City may withhold payment for work that does not meet the requirements of this Agreement. C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. Termination: A. The City reserves the right to terminate this Agreement at any time, with or without cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event of such termination or suspension, all finished or unfinished documents, data, studies, worksheets, models and reports, or other material prepared by the Consultant pursuant to this Agreement shall be submitted to the City, if any are required as part of the Work. B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to payment for all hours worked to the effective date of termination, less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an equitable share of the fixed fee. This provision shall not AGENDA ITEM #7. f) PAGE 3 OF 11 prevent the City from seeking any legal remedies it may have for the violation or nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred or work done following the effective date of termination unless authorized in advance in writing by the City. 6. Warranties And Right To Use Work Product: Consultant represents and warrants that Consultant will perform all Work identified in this Agreement in a professional and workmanlike manner and in accordance with all reasonable and professional standards and laws. Compliance with professional standards includes, as applicable, performing the Work in compliance with applicable City standards or guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants that all final work product created for and delivered to the City pursuant to this Agreement shall be the original work of the Consultant and free from any intellectual property encumbrance which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work product produced pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the final work products other than for the purposes of this Agreement shall be without liability to the Consultant. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Record Maintenance: The Consultant shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement and retain such records for as long as may be required by applicable Washington State records retention laws, but in any event no less than six years after the termination of this Agreement. The Consultant agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or termination of this Agreement. 8. Public Records Compliance: To the full extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Consultant believes said records need to be protected from disclosure, it may, at Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to AGENDA ITEM #7. f) PAGE 4 OF 11 any claim or litigation related to a Public Records Act request for which Consultant has responsive records and for which Consultant has withheld records or information contained therein, or not provided them to the City in a timely manner. Consultant shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Independent Contractor Relationship: A. The Consultant is retained by the City only for the purposes and to the extent set forth in this Agreement. The nature of the relationship between the Consultant and the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the power to control and direct the details, manner or means of Work. Specifically, but not by means of limitation, the Consultant shall have no obligation to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where scheduling of attendance or performance is mutually arranged due to the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitled to employ other workers at such compensation and such other conditions as it may deem proper, provided, however, that any contract so made by the Consultant is to be paid by it alone, and that employing such workers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the Consultant retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Consultant’s failure to do so. 10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except for that portion of the claims caused by the City’s sole negligence. AGENDA ITEM #7. f) PAGE 5 OF 11 The Consultant agrees that Commerce and the state of Washington are not liable for claims or damages arising from the Consultant’s performance under this Agreement. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) 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 Consultant and the City, its officers, officials, employees and volunteers, Consultant’s liability shall be only to the extent of Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Consultant’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation involved in a contract or transaction. To ensure compliance with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind to City employees or officials. Consultant also confirms that Consultant does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in selecting the Consultant, negotiating or administering this Agreement, or evaluating the Consultant’s performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/One.aspx?portalId=7922741&pageId=9824882 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. AGENDA ITEM #7. f) PAGE 6 OF 11 B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on behalf of the City, beyond normal commutes. E. Consultant shall name the City as an Additional Insured on its commercial general liability policy on a non-contributory primary basis. The City’s insurance policies shall not be a source for payment of any Consultant liability, nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of Consultant to the coverage provided by such insurance or otherwise limit the City’s recourse to any remedy available at law or in equity. F. Subject to the City’s review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to the City before performing the Work. G. Consultant shall provide the City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. 14. Delays: Consultant is not responsible for delays caused by factors beyond the Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable control occur, the City agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement. 15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or encumber any rights, duties or interests accruing from this Agreement without the written consent of the other. 16. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears below (as modified in writing from time to time by such party), and given personally, by registered or certified mail, return receipt requested, by facsimile or by nationally recognized overnight courier service. Time period for notices shall be deemed to have commenced upon the date of receipt, AGENDA ITEM #7. f) PAGE 7 OF 11 EXCEPT facsimile delivery will be deemed to have commenced on the first business day following transmission. Email and telephone may be used for purposes of administering the Agreement, but should not be used to give any formal notice required by the Agreement. CITY OF RENTON Hannah Bahnmiller, Housing Programs Manager 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7262 hbahnmiller@rentonwa.gov Fax: (425) 430-7300 CONSULTANT Lisa Grueter, Principal 2200 6th Ave #1000 Seattle, WA 98121 Phone: (203) 439-2367 lisa@berkconsulting.com Fax: (206) 826-2053 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Consultant agrees as follows: A. Consultant, and Consultant’s agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B. The Consultant will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C. If the Consultant fails to comply with any of this Agreement’s non-discrimination provisions, the City shall have the right, at its option, to cancel the Agreement in whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws, worker's AGENDA ITEM #7. f) PAGE 8 OF 11 compensation, and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous: The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to the extent specifically agreed within the attached exhibits. D. In the event special training, licensing, or certification is required for Consultant to provide Work he/she will acquire or maintain such at his/her own expense and, if Consultant employs, sub-contracts, or otherwise assigns the responsibility to perform the Work, said employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or certification. E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other entities, so long as there is no interruption or interference with the provision of Work called for in this Agreement. F. Consultant is responsible for his/her own insurance, including, but not limited to health insurance. G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as that for any persons employed by the Consultant. 19. Other Provisions: A. Approval Authority. Each individual executing this Agreement on behalf of the City and Consultant represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Management. The City’s project manager is Hannah Bahnmiller. In providing Work, Consultant shall coordinate with the City’s contract manager or his/her designee. C. Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. D. Conflicts. In the event of any inconsistencies between Consultant proposals and this Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this Agreement are incorporated by reference only to the extent of the purpose for AGENDA ITEM #7. f) PAGE 9 OF 11 which they are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts with the terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced, the terms in the body of this Agreement shall prevail and the extraneous terms shall not be incorporated herein. E. Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington and the City of Renton. Consultant and all of the Consultant’s employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Consultant hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign corporation not registered with the State of Washington. H. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. I. Sole and Entire Agreement. This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not incorporated are excluded. J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Work is essential to the Consultant’s performance of this Agreement. K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to give any rights or benefits in the Agreement to anyone other than the Parties, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the Parties and no one else. AGENDA ITEM #7. f) PAGE 10 OF 11 L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party’s failure to enforce any provision of this Agreement shall not be a waiver and shall not prevent either the City or Consultant from enforcing that provision or any other provision of this Agreement in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any prior or subsequent breach unless it is expressly waived in writing. N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. 20. Special Provision Relating to Commerce Agreement. The following applies because this Agreement is a subcontract under the Commerce Agreement. Consultant acknowledges receipt of a copy of the Commerce Agreement and hereby agrees to be bound to all applicable terms of the Commerce Agreement. Consultant agrees to fully and promptly comply with any requests of the City relating to the City’s monitoring obligations under the Commerce Agreement. IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as of the date last signed by the Parties below. CITY OF RENTON By:_____________________________ CONSULTANT By:____________________________ Armondo Pavone Mayor Lisa Grueter Principal _____________________________ Date _____________________________ Date AGENDA ITEM #7. f) PAGE 11 OF 11 Attest _____________________________ Jason A. Seth City Clerk Approved as to Legal Form By: __________________________ Shane Moloney City Attorney Contract Template Updated 03/12/2019 AGENDA ITEM #7. f) AB - 2593 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Contract Award: Cedar River Trestle Bridge Repairs (CAG-20-006) RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Alan Wyatt, Capital Projects Manager EXT.: 6571 FISCAL IMPACT SUMMARY: The current project balance for Parks Major Maintenance Structural Repairs (316.332028.020.576.81.48.000) is $444,935.00. Staff recommends transferring $119,732.00 from five (5) budgeted line items (316.332044.020.576.81.41.010, 316.332045.020.594.76.63.014, 316.332049.020.594.76.63.000, 316.332055.020.594.70.63.000, 316.332065.020.594.18.63.000) to provide a revised project budget of $564,667.00. The increased budget provides for encumbered design services, construction, special inspections and material testing, lead abatement, a potential mobilization change due to recent flood impacts, and a 15% contingency. SUMMARY OF ACTION: The Engineer's Estimate for construction repairs is $441,000.00. The trail bridge project was advertised through Daily Journal of Commerce and Builders Exchange of Washington with thirteen (13) bids received. The low responsive qualifying bid of $367,400.00 was submitted by Emtech, LLC. The Cedar River Trestle Bridge is a vital connection within the regional Cedar River Trail system. Ongoing structural reviews followed by identified repairs have been occurring on a regularly scheduled basis. The most recent 2017 and 2018 inspections identified degradation in two of the timber piles supporting the north abutment and in sixteen (16) timbers in the pad supporting the steel truss bridge. The abutment timber facing has deteriorated, and with the loss of fill material behind the facing the abutment support has been weakened.The projected time-frame for the work is from April 2020 through September 2020, commencing upon contract execution. Work under the Ordinary High Water Mark is only allowed during the approve d fish window of July 1 - August 31. Advance public notification and detour signage will be provided. EXHIBITS: A. Cedar River Trestle Bridge Issue Paper B. Construction Contract C. Bid Tab STAFF RECOMMENDATION: Award the Cedar River Trestle Bridge Repairs project to the lowest responsive and responsible bidder, Emtech, LLC, in the amount of $367,400.00 and authorize the Mayor and City Clerk to execute the agreement. Adjust the budget to $564,667. AGENDA ITEM #7. g) COMMUNITY SERVICES DEPARTMENT M E M O R A N D U M DATE:March 2, 2020 TO:Ruth Pérez, Council President Members of Renton City Council VIA:Armondo Pavone, Mayor FROM:Kelly Beymer, Community Services Administrator STAFF CONTACT:Alan J. Wyatt, Capital Projects Manager (x-6571) Leslie Betlach, Parks Planning and Natural Resources Director (x-6619) SUBJECT:Cedar River Trestle Bridge Repairs Construction ISSUE: Should the construction contract for the Cedar River Trestle Bridge Repairs be awarded to Emtech, LLC, in the amount of $367,400.00? Should the Mayor and City Clerk be authorized to execute the contract? Should the project budget be adjusted to accommodate new access requirements necessitated by the Cedar River Trail bank failure, special inspections and materials testing, engineering services, and contingency? RECOMMENDATION: Award the construction contract to Emtech, LLC in the amount of $367,400.00, and authorize the Mayor and the City Clerk to execute the contract. Adjust the budget as described below. BACKGROUND SUMMARY: The Cedar River Trestle Bridge is a vital connection within the regional Cedar River Trail system. The timber elements of the bridge and approach trestle were the subject of Berger ABAM/WSP USA’s 2017 and 2018 inspections, which found degradation in two of the timber piles supporting the north abutment and in sixteen (16) timbers in the pad supporting the steel truss bridge. Timber facing for the abutment has deteriorated and been lost over time. The loss of fill material behind the facing has weakened the support of the abutment. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material with riprap behind the facing. The repairs will also include stringer replacements, bridge portal frame repairs, and joint and compression seal replacements at the concrete deck. During the recent flood event along the Cedar River in February 2020, planned access to the bridge for repairs from the west side is impacted due to the trail closure. The trail closure requires a modification from the contract documents for the contractor to gain access to the AGENDA ITEM #7. g) Ruth Pérez, Council President and Members of Renton City Council Subject: Cedar River Trestle Bridge Repairs Construction Page 2 of 2 March 2, 2020 bridge structure from the east. This access modification requires the structural engineer to design modifications to the construction documents, which will also result in an addendum to the professional services contract. The Engineer’s estimate for construction repairs is $441,000.00. The trail bridge project was advertised through Daily Journal of Commerce and the Builders Exchange of Washington. Thirteen (13) bids were received, with a low bid of $367,400.00, submitted by Emtech, LLC. The current project balance for design and construction services for Parks Major Maintenance Structural Repairs is $444,935.00. Staff recommends transferring $119,732.00 from the following budgeted line items providing an increased design and construction budget of $564,667.00. 316.332044.020.576.81.41.010 (Trails and Bicycle Master Plan) $1,088.00 316.332045.020.594.76.63.014 (Coulon Park Turf Replacement) $55,000.00 316.332049.020.594.76.63.000 (Kenyon Property) $22.00 316.332055.020.594.70.63.000 (Transportation Landscape) $53,622.00 316.332065.020.594.18.63.000 (2nd and Burnett) $10,000.00 The construction cost is $367,400.00, leaving a balance of $197,267.00. Estimated Special Inspections and Material Testing, Lead Abatement, and Environmental Inspections are estimated at $40,000.00. The mobilization construction change order for access and associated engineering services due to the trail closure is estimated at $65,000.00; leaving a balance of $92,267.00. Setting aside a 15% contingency of $55,110.00 for potential change orders, and $36,239.00 for encumbered professional services fees leaves an estimated balance of $918.00. The estimated construction timeframe is April 2020 through September 2020, commencing upon execution of this contract. Work under the Ordinary High Water Mark is only allowed during the approved fish window (July 1 – August 31). Advance public notification and detour signage will be provided. Funding for this project is budgeted in account number 316.332028.020.576.81.48.000 with a transfer of funds from the above identified line 316 fund items. CONCLUSION: Increasing the project budget and awarding the contract to the lowest responsible contractor, Emtech, LLC, allows the City to move forward with the repairs of the Cedar River Trestle Bridge. Completing repair construction of this bridge ensures safe access for Cedar River Trail users and structural integrity of the facility. cc: Betsy Severtsen, Capital Project Coordinator Kari Roller, Fiscal Services Director Sean Hollingsworth, Finance Analyst III AGENDA ITEM #7. g) AGENDA ITEM #7. g) AGENDA ITEM #7. g) AGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSSECTION004200BIDFORMBIDSETJANUARY8,2020MAILTO:CITYCLERK1055GRADYWAY,RENTON,WA,98057HANDDELIVERTO:OFFICEOFTHECITYCLERKSEVENTHFLOOR,RENTONCITYHALL1055GRADYWAY,RENTON,WA,98057IBIDFORMIfortheCEDARRIVERTRESTLEBRIDGEREPAIRSCedarRiverTrail3225SE7thStreet,Renton,WA98058BidsDue:3:00p.m.Thursday,January28,2020TheundersignedherbycertifiesthattheyhavecarefullyexaminedtheContractDocumentsasdefinedintheGeneralConditionsandhaveexaminedthesiteoftheWork,andfullyunderstandsthemannerinwhichpaymentisproposedtobemadeforthecostthereof,herebyproposedtofurnishallmaterialsandtoperformalllaborwhichmayberequiredtocompletesaidworkwithinthetimefixed,anduponthetermsandconditionsprovidedinsaidContractDocumentsforconsiderationofthefollowingamount:t44tl(S(Writtdn)$34,C7C(Numeric)ic)TOTALBASEBID\cJ51cc%364u(Written)(Numeric)CITYOFRENTONA.BASEBIDla)BASEBID:ib)SALESTAXONBASEBID(ThecombinedsalestaxrateforRenton,WAis10%):oifac$______I(Written)(Numeric)004200—PAGE1OF3ProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION004200JANUARY8,2020BIDFORMB.CONDITIONSOFPROPOSAL1.DeterminationofLowBidder:a.TheCityofRenton,‘Owner/City’reservestherightto‘AwardaContract’basedontheContractor’sProposalAmountforBaseBidand/orBreakdown,inwhatevermannerisintheCity’sbestinterest.2.OverheadandProfit:a.AlloftheaboveBidPricesshallincludeoverheadandprofit.C.PERIODOFBIDVALIDITY/ACCEPTANCEOFBID1.BaseBidTheundersignedherebyagreesthatthisBIDasdescribedinparagraph“A”shallbevalidandfirmofferingfortheperiodsixty(60)daysfromclosingtimeforthe“ReceiptofBids.”AcceptanceofBid:Withinsixty(60)daysaftertheopeningofFormofProposal,theCitywillacteithertoaccepttheProposalfromthelowestresponsive,responsibleBidder,ortorejectallBids.TheCityreservestherighttorequestextensionsofsuchBidacceptanceperiod.TheacceptanceofaBidwillbeevidencedbyawrittenNoticeofIntenttoAwardContracttotheBidderwhoseBidisunderconsiderationforacceptance,togetherwitharequesttofurnishabond(ifrequired),evidenceofinsurancetoexecutetheagreementsetforthintheContractDocuments,andotherdesignateddocuments.D.EXECUTIONOFCONTRACTIfwritten“NoticeofIntenttoAwardContract”ismailed,telegraphed,facsimile,ordeliveredtotheundersignedwithinthe“periodofBidValidity”notedabove,oranytimethereafterbeforethisBidiswithdrawn,theundersignedwill,withinten(10)daysafterthedateofsuchnotification,executeaContractintheformof“CityofRentonStandardFormofAgreement.”E.TIMEFORCOMPLETIONContractTime-TheundersignedherebyagreestoSubstantiallyCompletealltheworkundertheBaseBid(andacceptedAlternates)nolaterthanAugust31,2020.FinalCompletion—AlltheWorkshallbefullyandfinallycompletedinaccordancewiththecontractdocumentswithin30calendardaysafterthedateofSubstantialCompletion.FinalCompletionofin-waterworkshallbebyAugust31,2020tocomplywithfish-window.F.LIQUIDATEDDAMAGESTheundersignedagreestopaytheOwnerasliquidateddamagesthesumof$250.00foreachconsecutivecalendardaythatisindefaultaftertheContractTime.Liquidateddamagesshallbedeductedfromthecontractinvoiceaftertaxesandretainage.G.NONDISCRIMINATIONALCOMPLIANCEDuringtheperformanceoftheAgreement,theContractoragreestocomplywithallfederalandstatenon-discriminationlaws,regulations,andpolicies.004200—PAGE20F3ProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION004200JANUARY8,2020BIDFORMH.RECEIPTOFADDENDAReceiptofthefollowingaddendaisacknowledged:AddendumNo._____________________AddendumNo.___________________AddendumNo.6AddendumNo.___________________NameofFirm+CkLLLNOTE:IfBidderisocorporation,writeStateofIncorporation;ifapartnership,givefullnamesandaddressesofallpartiesbelow.Signedby/)111.%.12LOfficialCapacityticvIPrintName,fl00CtAddressII3KtkyArelobCity_________________Statet&J,4ZipCode?Th3IDateO’/242O2OTelephone3bO,?1Wti)FAX3hO3bh2YZStateofWashingtonContractor’sLicenseNo.fJ1IECL817’fI<AvFederalTaxID#Iitt,_.!:jL7bt7E-mailaddress:tSEmploymentSecurityDepartmentNo.________________________________________________004200—PAGE3OF3ProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSSECTION004513BIDDER’SQUALIFICATIONSTATEMENTSECTION004513BIDDER’SQUALIFICATIONSTATEMENTBIDSETJANUARY8,2020EachBiddersubmittingaproposalonworkincludedinthesecontractdrawingsandspecificationsshallprepareandsubmitaspartofhisbid,thefollowinginformation:1.NameofBidder:2.BusinessAddress:3.Telephone:idLLCII3ckv103)1-i-.bO-7L-i3t’6f/4.HowmanyyearslassaidBidderbeenengagedinthecontractingbusinessunderthepresentfirmname:fl5.5.Contractsnowinhand(GrossAmount):$2.6.Experiencewithsimilarprojects(scopeofwork,size,complexity,value,location):Listatleastthree(3)projectsaccomplishedwithinthelastseven(7)yearsinwhichtheBidderconstructedcomparableprojects.Includetheprojectnameandlocation,contractamount,completiondate,andthetelephonenumberandemailaddressoftheOwnerorOwner’sRepresentativeresponsiblefortheproject.Describehowtheprojectmetcustomersatisfaction.Wewilldiscussperformancewiththenamedreferences.Limit3pages.7.WorkPlan:Provideadescriptionofhowtheworkwillbedonewithinthetimewindowallowed.Includeascheduleofactivitiesplanned.Indicateplannedworkinghoursanddays.Limit3pages.8.AssignedKeyPersonnel:ProvidearesumefortheProjectManager,Superintendent,andotherkeypersonnelthatwillbeassignedandcommittedtothisproject.Includeroleforthiscontract,yearsofexperienceintheproposedrole,overallyearsofexperience,training/education,andrelevantprojectswithnamesofprojectOwnerandEngineer.Limit3pages.9.Listofcompany’smajorequipment.004513—PAGE1OF1ProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com-AlwaysVerifyScalAGENDA ITEM #7. g) Supplemental Bidder Responsibility Form 1 -Contractor Experience Detail View Ridge Elementary School Seismic Upgrades Business Contact Information Business Phone:(360)748-4891 Mailing Address:1133 Kresky Ave.Suite 106,Centralia,WA 98531 Contact Name and Title:David Reich Assistant General Manager Contact Phone:(360)742-4891 I Contact Email:bids@emtech.us Contractor Name:Emtech,LLC Total years in Business:9 Former business name(s)&Dates: Reason for name change(s): *List Projects Completed Within The Time Specified By Division 00,or Are In Progress Project Name &Project Manager Original Contract $387,613.95 Is this projectDescriptionOfProject:Owner:Location:Architect:Name:Amount:relevant toSeattlePublicSeismicSeismicreinforcementtoDIRGroupDavidReichFinalContractproposedSchools$440,354ImprovementsforstrengthenelementaryAmount:project? Seattle Public Schools school.Sensitive Address:Address:environments with 2445 3rd Ave.S Slunlversfty St Sufte Original Contract Days Yes View Ridge regulated materials.Seattle,WA 98134 Sea,WA981O1 Elementary School Superintendent Time Extensions No 7047 50th Ave NE Customer Satisfaction:Customer Name:Granted DaysSeattle,WA 98115 signed off on project Indicating Micah Carlson100%completIon.Phone:Phone: Scott Hogman Ryan Luthman Completion Date:I09/12/201 206-252-0709 206-461-6000 1.Did this project require ApprenticeshipAsPrimeParticipation?Or Sub:D Yes No (If NO,stop here). 2.If yes,what was the Apprenticeship %?IEmail:Email:3.What was the actual %achieved?I_____smhogman@seattles rluthrnan@dlrgroup.4.Was the apprenticeship requirement met?chools.org corn Yes No El If NO to question 4 attach separate sheet to explain Why. Form 1-Contractor Experience Detail July 1,2016 AGENDA ITEM #7. g) Supplemental Bidder Responsibility Form 1-Contractor Experience Detail Monroe Correctional Complex Business Contact Information Business Phone:(360)748-4891 Contact Phone:(360)748-4891 Mailing Address:1133 Kresky Ave.Suite 106,Centralia,WA 98531 Contact Name and Title:David Reich Assistant General Manager J Contact Email:bids@emtech.us Contractor Name:Emtech,LLC Total years in Business:9 Former business name(s)&Dates: Reason for name change(s): List Projects Completed Within The Time Specified By Division 00,or Are In Progress Project Name &Project Original Contract Is this projectDescriptionOfProject:Owner:Architect:$495,975Location:Manager Name:Amount:relevant toStateofWADOCKMBMCCIMURec.Yard New steel framed expanded Capital Planning and David Reich Final Contract proposed Improvements metal wall grills installed Development Architects Amount:$559,642 project?existing precast concrete walls structures and ceilings in high Address:Address: Monroe Correctional security areas.project inoived 7345 Llnderson Way 905 Colombia ., Original Contract Yes SW Tumwater,WA Suite 400 OImpla,DaysComplex,Monroe coordinating with security and 98501-6504 WA 98501 WA subcontractors to perform work No QwithsecurityasthehighestSuperintendentTimeExtensions priority.Name:Granted Days Phone:Chris Booher Customer Satisfaction:Shawn Mill Completion Date:Customer approved project and Phone: /29/191andNorm9expressedaninterestinhavingAdamHerrick Emtech do more work for them.Sheppard 360-292-1209360-725-8368 509-319-0606 1.Did this project require Apprenticeship As Prime Participation? Or Sub:Yes D No (If NO,stop here). Email:Email:2.If yes,what was the Apprenticeship %?Ispmlll@docl.wa.gov adamherrick@kmb-3.What was the actual %achieved?Lnsheppard@docl.wa.architects.com 4.Was the apprenticeship requirement met?gy Yesj No j Form 1-Contractor Experience Detail July 1,2016 AGENDA ITEM #7. g) Supplemental Bidder Responsibility Form 1 -Contractor Experience Detail JBLM Stitch bolting Business Contact Information Business Phone:(360)748-4891 Contact Phone (360)748-4891 Mailing Address:1133 Kresky Ave.Suite 106.Centralia,WA 98531 Contact Name and Title:David Reich Assistant General Manager I Contact Email:bids@emtech.us Contractor Name:Emtech.LLC Total years in Business:9 Former business name(s)&Dates: Reason for name change(s): *Li Projects Completed Within The Time Specifiod By Division 00,or Are In Progress Project Name &Description Of Project:Owner:Architect: Project Manager Original Contract Is this project$883,557Location:veterans Name:Amount:relevant to Sargent Engineers Andy Stacy Final Contract proposedRepairStructuralRepairingStructuralmembersinConstruction(Enneer)$883,557members—building trusses throughout an active Enterprises,LLC David Reich Amount:project? maintenance building.Required9580JointBaseregularcommunicationabout Address:Address: L.ewis-McChord progress to coordinate wIth 5515 Steilacoom Blvd.320 Ronlee In.NW Original Contract Days Yes Sufto 112 Lakawood,WA ongoing military operations.Olympia WA 98502 Superintendent Time Extensions No UCustomerSatisfaction:Customer Name:Granted Daysapprovedprojectandexpressed an interest in having Emtech do Micah Carison more work for them.Phone:Phone:Completion Date:11-19-18 (253)405-3794 (360)867-4284 1.Did this project require Apprenticeship Participation? Yes 1j No (If NO,stop here). 2.If yes,what was the Apprenticeship %?L 1% Email:Email:3.What was the actual %achieved?1% scIiamb.rsnlcqv.com sconosareit1aIneo1n 4.Was the apprenticeship requirement met? YesQ No Q If NO to question 4 attach separate sheet to explain Why. Form 1-Contractor Experience Detail July 1,2016 AGENDA ITEM #7. g) Cedar River Trestle Bridge Repairs Andy Stacy Start Fri 6/26/2020 -Display Weekly End:Tue 8/18/2020 -Work Days:M-F,7:3oatn4pm Today:Mon 1/27/2020 Work CalTaskStartEndStartEndDaysDays Project Range Mon 6/15/20 Mon 8/31/20 6/15/20 8/31/20 54 78 Set Up Mon 6/15/20 Fri 6/19/20 6/15/20 6/19/20 5 5 Traffic Control Thu 6/18/20 Mon 8/31/20 6/18/20 8/31/20 51 75 Shoring Install Mon 6/22/20 Fri 6/26/20 6/22/20 6/26/20 5 5 Post Demo Mon 6/29/20 Fri 7/03/20 6/29/20 7/3/20 5 5 Existing Wood Mat Demo Wed 7101/20 Fri 7/03/20 7/1/20 7/3/20 3 3 Excavation Mon 7/06/20 Fri 7/10/20 7/6/2 0 7/10/20 5 5 Post Replacement Mon 7/06/20 Thu 7/09/20 7/6/20 7/9/20 4 4 Lead Test on Steel Mon 7/06120 Thu 7/09/20 7/6/20 7/9/20 4 4 Forming,Steel for Footwigs Mon 7/13/20 Fri 7/17120 7/13/20 7/17/20 5 5 Concrete Pour Fri 7/17/20 Fri 7/17/20 7/17/20 7/17/20 1 1 Demo Stringer Mon 7/20/20 Fri 7/24/20 7/20/20 7/24/20 5 5 Replacing Stringers Mon 7/27/20 Fri 7/31/20 7/27/20 7/31/20 5 5 Demo Piles Mon 7/27/20 Thu 7/30/20 7/27/20 7/30/20 4 4 Pile Replacement Mon 8/03/20 Fri 8/07/20 8/3/20 8/7/20 4 5 Footing Timber Replacement Mon 8/03/20 Thu 8/06/20 8/3/20 8/6/20 3 4 Backfill &Rip Rap Mon 8/1 0120 Fri 8/14/20 8/10/20 8/14/20 5 5 Fab Work/Steel Wed 8/12120 Thu 8/20/20 8/12/20 8/20/20 7 9 Expansion/Contraction Joints Mon 8/17/20 Thu 8/20/20 8/17/20 8/20/20 4 4 Punch Mon 8/24/20 Thu 8/27/20 8/24/20 8127/20 4 4 AGENDA ITEM #7. g) 3SupplementalBidderResponsibilityForm2-ResumeofKeyPersonnelforProposedContractName:RoleinthisContract:YearsExperienceDavidReichProjectManagerTotalWithCurrentFirm301FirmNameandLocation(CityandState):Emtech,LLCCentralia,WATraining/Education/Specialization:YearsofExperienceintheProposedRole:20+RELEVANTPROJECTSProjectTitle:ViewRidgeElementarySeismicImprovementsYearCompletedProjectOwner:SeattlePublicSchools2019,pendingBriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentSeismicreinforcementtostrengthenelementaryschool,firm.Dates-07/01/19—Ant.02/01/2020ContractAmt.$387,613.95ProjectManagerIfperformedwithdifferentfirmlistthefirmnameReferenceName&ContactInformation:ProjectOwner:SeattlePublicSchoolsProjectArchitect:DLRGroupName:ScottHogmanName:RyanLuthmanPhone:206-252-0709Phone:206-461-6000E-mailsmhogman@seattleschools.orgE-mail:rIuthmandIrgroup.comRELEVANTPROJECTSProjectTitle:MCCRecreationYardImprovementsYearCompletedProjectOwner:StateofWADOC2019BriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentInstallnewsteelframedexpandedmetalwallgrillsinhighsecurityarea.firm.Dates—06/24/19—Ant.09/12/19.ContractAmt.$495,975ProjectManagerIfperformedwithdifferentfirmlistthefirmnameReferenceName&ContactInformation:ProjectOwner:StateofWADOCProjectArchitect:KMBArchitectsName:ShawnMills&NormSheppardName:AdamHerrickPhone:360-725-8365509-319-0606Phone:360-292-1209E-mailspmill@docl.wa.govnshepparddoctwa.govE-mail:adamherrick@kmbarchitects.com1298-Form2ResumeofKeyPersonnelJuly1,2016AGENDA ITEM #7. g) RELEVANT_PROJECTSProjectTitle:KelsoDSHSLobbyModificationsYearCompletedProjectOwner:KelsoDept.ofSocialHealthandServices2019,pendingBriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentLobbyandrestroomrenovation,exteriorpaintingandparkinglotstriping,firm.Dates—02/06/2019—TBDContractAmt.$177,471.14ProjectManagerIfperformedwithdifferentfirmlistthefirmNameReferenceName&ContactInformation:ProjectOwner:KelsoDept.ofSocialHealth&ServicesProjectArchitect:CollinsArchitecturalName:HamedKhaIiliName:CraigCollinsPhone:360-501-2400Phone:360-425-0000E-mailN/A.Notonfile.E-mail:craigc@collinsarchgroup.comRELEVANT_PROJECTSProjectTitle:RepairStructuralMembers—building9580JointBaseLewis-McChordYearCompletedProjectOwner:VeteransConstructionEnterprises,LLC2018BriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentRepairingstructuralmembersintrussesthroughoutanactivemaintenancebuilding.firm.Dates—08/2018—11/2018.ContractAmt.$883,557.ProjectManagerIfperformedwithdifferentfirmlistthefirmNameReferenceName&ContactInformation:ProjectOwner:VeteransConstructionEnterprises,LLCProjectArchitect:SargentEngineersName:ScottChambersName:ScottO?Phone:253-405-3794Phone:360-867-4284E-mailSchambers@niccjv.comE-mail:scotto@sargentengineers.comRELEVANT_PROJECTSProjectTitle:BestBuyTIYearCompletedProjectOwner:BestBuy2018BriefDescription(Briefscope,size,cost,etc.)andspecificrole:Checkifprojectperformedwithcurrent$4MTISuperintendedbyDavidinhistimewithHorizonRetail,firm.QIfperformedwithdifferentfirmlistthefirmName:HorizonRetailReferenceName&ContactInformation:DanPrince,Danp@horizonretaiI.com262-865-6105ProjectOwner:BestBuyProjectArchitect:SeecontactforinfoName:Name:Phone:Phone:E-mailE-mail:2298-Form2ResumeofKeyPersonnelJuly1,2016AGENDA ITEM #7. g) SupplementalBidderResponsibilityForm2-ResumeofKeyPersonnelforProposedContractName:RoleinthisContract:YearsExperienceMicahCarisonSuperintendentTotalWithCurrentFirm101FirmNameandLocation(CityandState):Emtech,LLCTraining/Education/Specialization:YearsofExperienceintheProposedRole:2RELEVANTPROJECTSProjectTitle:SeismicImprovementsforSeattlePublicSchoolsYearCompletedProjectOwner:SeattlePublicSchoolsBriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentSeismicreinforcementtostrengthenelementaryschool.firm.Dates-07/01/19—Ant.02/01/2020ContractAmt.$387,613.95SuperintendentIfperformedwithdifferentfirmlistthefirmnameReferenceName&ContactInformation:ProjectOwner:SeattlePublicSchoolsProjectArchitect:DLRGroupName:ScottHogmanName:RyanLuthmanPhone:206-252-0709Phone:206-461-6000E-mailsmhogman@seattleschools.orgE-mail:rluthman@dlrgroup.comRELEVANTPROJECTSProjectTitle:MCCRec.YardImprovementsYearCompletedProjectOwner:StateofWADOCBriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentInstallnewsteelframedexpandedmetalwallgrillsinhighsecurityarea.firm.Dates—06/24/19—Ant.09/12/19.ContractAmt.$495,975SuperintendentIfperformedwithdifferentfirmlistthefirmnameReferenceName&ContactInformation:ProjectOwner:StateofWADOCProjectArchitect:KMBArchitectsName:ShawnMill&NormSheppardName:AdamHercickPhone:360-725-8368.509-319-0606Phone:360-292-1209E-mailSpmill@docl.wa.govNsheppard@docl.wa.govE-mail:adamherrickkmbarchitects.com1298-Form2ResumeofKeyPersonnelJuly1,2016AGENDA ITEM #7. g) RELEVANTPROJECTSProjectTitle:FairhavenMarineIndustrialParkFireExitYearCompletedProjectOwner:PortofBellingham2019BriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentReplacedexteriorfireescapestairway,minorinteriorrevisions,firm.Dates—01/2019—02/2019.Contractamt.$97,104SuperintendentIfperformedwithdifferentfirmlistthefirmNameReferenceName&ContactInformation:ProjectOwner:PortofBellinghamProjectArchitect:Name:BrianKeenanName:DouglasLandsenArchitectPhone:360-676-2500Phone:360-733-2466E-mailbriank@portofbellingham.comE-mail:dla@landsenarch.netRELEVANT_PROJECTSProjectTitle:RepairStructuralMembers—building9580JointBaseLewis-McChordYearCompletedProjectOwner:VeteransConstructionEnterprises,LLC2018BriefDescription(Briefscope,size,cost,etc.)andspecificrole:CheckifprojectperformedwithcurrentRepairingstructuralmembersintrussesthroughoutanactivemaintenancebuilding,firm.Dates—08/2018—11/2018.ContractAmt.$883,557SuperintendentIfperformedwithdifferentfirmlistthefirmNameReferenceName&ContactInformation:ProjectOwner:VeteransConstructionEnterprises,LLCProjectArchitect:SargentEngineersName:ScottChambersName:ScottO?Phone:253-405-3794Phone:360-867-4284E-mailSchambers@niccjv.comE-mail:scotto@sargentengineers.comRELEVANT_PROJECTSProjectTitle:W912DW18P0030Ft.VancouverHeadstoneRealignmentandCleaningYearCompletedProjectOwner:USACE2018BriefDescription(Briefscope,size,cost,etc.)andspecificrole:Checkifprojectperformedwithcurrentfirm.Realigned,raised,andcleaned1450uprightmarbleheadstonesandperformedrepair.TechniciansmaintainedrespectfuldemeanorinenvironmentwithIfperformedwithdifferentfirmlistthecemeteryopenforvisitors.Projectran05/2018-12/2018;contractamount:firmName$288,293SuperintendentReferenceName&ContactInformation:ProjectOwner:USACEProjectArchitect:ThisprojectdidnothaveanarchitectName:RodneyTaieName:Phone:206-764-3498Phone:E-mailrodney.r.taie@usace.armv.milE-mail:2298-Form2ResumeofKeyPersonnelJuly1,2016AGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRS1/28/20EMTechLLCCompanyVehiclesItemPurchaseDescriptionEMTECH2015FordTransitConnectXCTCargoVanEMTECH12018RAM2500EmtechlOO32016MIRECARGOTRAILEREmtechlOO42019TexasPrideGooseNeckDumpTrailerEmtechlOO52003DodgeRAM2500PickupTruckEmtechlOO62004SavanaEmtechlOO72016FordFusionHybridEMTECH22013FordTransitCXLEMTECH32015FordTransitPassengerVanEMTECH42003GMCSavanaCargoVanEMTECH72016MercedesSprinterEMTECH81999FordPAROMH/RVTKFLEETWOODEQUIPMENTFORTHECEDARRIVERTRESTLEBRIDGEREPAIRSWILLBERENTEDFROMSUNBELTRENTALSAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION002000JANUARY8,2020FORMSBidBondFormKNOWALLMENBYTHESEPRESENTS,Thatwe,[Contractor]EMlech,LLC______________________of[address]1133KreskyAve..Suite106,Centralia,WA98531asPrincipal,and[Surety]PhiladelphiaIndemnityInsuranceCompanyacorporationdulyorganizedunderthelawsoftheStateofPennsylvaniaandauthorizedtodobusinessintheStateofWashington,asSurety,areheldandfirmlybounduntotheCityofRentoninthesumoffive(5)percentofthetotalamountofthebidproposalofsaidPrincipalfortheworkhereinafterdescribed,forthepaymentofwhich,wellandtrulytobemade,webindourselves,ourheirs,executors,administratorsandassigns.andsuccessorsandassigns,jointlyandseverally,firmlybythesepresents.Theconditionofthisbondissuch,thatwhereasthePrincipalhereinisherewithsubmittinghis/heroritssealedproposalforthefollowingconstruction,towit:CedarRiverTrestleBridgeRepairsCAG-20-006saidbidandproposal,byreferencethereto,beingmadeaparthereof.NOW,THEREFORE,ifthesaidproposalbidbysaidPrincipalbeaccepted,andthecontractbeawardedtosaidPrincipal,andifsaidPrincipalshalldulymakeandenterintoandexecutesaidcontractandshallfurnishperformancebondasrequiredbytheCityofRentonwithinaperiodoften(10)daysfromandaftersaidaward,exclusiveofthedayofsuchaward,thenthisobligationshallbenullandvoid,otherwiseitshallremainandbeinfullforceandeffect.INTHEEVENTthePrincipal,followingaward,failstoexecuteanAgreementwiththeCityofRentoninaccordancewiththetermsoftheProposalandfurnishaperformancebondwithSuretyorSuretiesapprovedbytheCityofRentonwithinten(10)daysfromandaftersaidaward,thenPrincipalshallforfeittheBidBond/BidProposalDepositorSuretyshallimmediatelypayandforfeittotheCityofRentontheamountoftheProposalBidBond,assetforthinRCW35A.40.200andRCW35.23.352.INTESTIMONYWHEREOF,thePrincipalandSuretyhavecausedthesepresentstobesignedandsealedthis28thdayofJanuary,2020EMlech,LLCPhiladelphiaIndemnityInsuranceCompany[Principal][Sureatureofauth6riUofficial][Signatureofauthorizedofficial]_____________________________________By:NicholasFredrickson,Attorney-in-Fact[Title][Attorney-in-Fact]2233112thAvenueNE,Bellevue,WA98004[Address]425-709-3600[PhoneNumber]00$000—PAGE2OFOAGENDA ITEM #7. g) 1171PHILADELPHLAINDE1’vLNITYINSURANCECOMPANYOneBalaPlaza,Suite100BalaCynwyd,PA19004-0950PowerofAttorneyKNOWALLPERSONSBYTHESEPRESENTS:ThatPHILADELPHIAINDEMNITYINSURANCECOMPANY(theCompany),acorporationorganizedandexistingunderthelawsoftheCommonwealthofPennsylvania,doesherebyconstituteandappointChristinM.Hubble,DeannaM.French,ElizabethR.Hahn,GuyArmfield,JanaM.Roy,MariabSansone,JohnR.Claeys,MarieI.Matetich,Mindee1.Rankin,RogerKaltenbach,RonaldJ.Lange,SandyL.Boswell.ScottFisher,ScottMcGilvray,SusanB.Larson.NicholasFredrickson,AndrewP.Larsen,ScottGarcia,andCarlyC.FehringerofParker,Smith&Feek,lç,,itstrueandlawfulAttorney-in-factwithfullauthoritytoexecuteonitsbehalfbonds,undertakings,recognizancesandothercontractsofindemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompanythereby,inanamountnottoexceed$50,000,000.ThisPowerofAttorneyisgrantedandissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsofPHILADELPHIAINDEMNITYINSURANCECOMPANYonthe14thofNovember,2016.RESOLVED:ThattheBoardofDirectorsherebyauthorizesthePresidentoranyVicePresidentoftheCompany:(1)AppointAttorney(s)infactandauthorizetheAttorney(s)inFacttoexecuteonbehalfoftheCompanybondsandundertakings,contractsofindemnityandotherwritingsobligatoryinthenaturethereofandtoattachthesealoftheCompanythereto;and(2)toremove,atanytime,anysuchAttorney-in-Factandrevoketheauthoritygiven.And,beitFURTHERRESOLVED:ThatthesignaturesofsuchofficersandthesealoftheCompanymaybeaffixedtoanysuchPowerofAttorneyorcertificaterelatingtheretobyfacsimile,andanysuchPowerofAttorneysoexecutedandcertifiedbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtowhichitisattached.INTESTIMONYWHEREOF,PHILADELPHIAINDEMNITYINSURANCECOMPANYHASCAUSEDTHISINSTRUMENTTOBESIGNEDANDITSCORPORATESEALTOBEAFFIXEDBYITSAUTHORIZEDOFFICETHIS27THDAYOFOCTOBER,2017.1927:(Seal)RobertD.O’LearyJr.,President&CEOPhiladelphiaIndemnityInsuranceCompanyOnthis27ldayofOctober,2017,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthatheisthethereindescribedandauthorizedofficerofthePHILADELPHIAINDEMNITYINSURANCECOMPANY;thatthesealaffixedtosaidinstrumentistheCorporatesealofsaidCompany;thatthesaidCorporateSealandhissignatureweredulyaffixed.erP5N55YtvAMNOTARIALSPd.‘INotaryPublic.____________________________________S,pIEfl&residingat:BalaCvnwvd.PA(NotarySeal)Mycommissionexpires:September25,2021I,EdwardSayago,CorporateSecretaryofPHILADELPHIAINDEMNITYINSURANCECOMPANY,doherebycertitythattheforegoingresolutionoftheBoardofDirectorsandthePowerofAttorneyissuedpursuanttheretoonthe27”dayofOctober,2017aretrueandcorrectandarestillinfullforceandeffect.IdofurthercertifythatRobertD.O’LearyJr.,whoexecutedthePowerofAttorneyasPresident,wasonthedateofexecutionoftheattachedPowerofAttorneythedulyelectedPresidentofPHILADELPHIAINDEMNITYINSURANCECOMPANY.InTestimonyWhereofIhavesubscribedmynameandaffixedthefacsimilesealofeachCompanythis_______dayofflt)Oftt‘—‘—.3,,1927EdwardSayago,CorporateSecretaryPHILADELPHIAINDEMNITYINSURANCECOMPANYAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION008000JANUARY8,2020FORMSThisformmustbesubmittedwiththeBidProposal.CERTIFICATIONOFCOMPLIANCEWITHWAGEPAYMENTSTATUTESThebidderherebycertifiesthat,withinthethree-yearperiodimmediatelyprecedingthebidsolicitationdate,thebidderisnota“willful”violator,asdefinedinRCW49.48.082,ofanyprovisionofchapters49.46,49.48,or49.52RCW,asdeterminedbyafinalandbindingcitationandnoticeofassessmentissuedbytheDepartmentofLaborandIndustriesorthroughaciviljudgmententeredbyacourtoflimitedorgeneraljurisdiction.IcertifyunderpenaltyofperjuryunderthelawsoftheStateofWashingtonthattheforegoingistrueandcorrect.Er-reC\\1LLCBidder’sBusinessName‘41£JSieofAuthorizedOfficial*p.r-RCOWE..CPrintedNmeTitleUDateCityStateCheckOne:SoleProprietorshipDPartnershipLiiointVentureUCorporationULLé......StateofIncorporation,orifnotacorporation,Statewherebusinessentitywasformed:Ifaco-partnership,givefirmnameunderwhichbusinessistransacted:*/facorporation,proposalmustbeexecutedinthecorporatenamebythepresidentorvice-president(oranyothercorporateofficeraccompaniedbyevidenceofauthoritytosign).Ifaco-partnership,proposalmustbeexecutedbyapartner.008000—PAGE8OF10ProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION008000JANUARY8,2020FORMSNON-COLLUSION,ANTI-TRUST,ANDMINIMUMWAGEFORMNON-COLLUSIONAFFIDAVITBeingdulysworn,deposesandsays,thatheistheidenticalpersonwhosubmittedtheforgoingproposalorbid,andthatsuchbidisgenuineandnotshamorcollusiveormadeintheinterestoronbehalfofanypersonnotthereinnamed,andfurther,thatthedeponenthasnotdirectlyinducedorsolicitedanyotherBidderontheforegoingworkorequipmenttoputinashambid,oranyotherpersonorcorporationtorefrainfrombidding,andthatdeponenthasnotinanymannersoughtbycollusiontosecuretohimselfortoanyotherpersonanyadvantageovertheotherBidderorBidders.ANDCERTIFICATIONRE:ASSIGNMENTOFANTI-TRUSTCLAIMSTOPURCHASERVendorandpurchaserrecognizethatinactualeconomicpracticeoverchargesresultingfromanti-trustviolationsareinfactusuallybornebythepurchaser.Therefore,vendorherebyassignstopurchaseranyandallclaimsforsuchoverchargesastogoodsandmaterialspurchasedinconnectionwiththisorderorcontract,exceptastooverchargesresultingfromanti-trustviolationscommencingafterthedateofthebid,quotation,orothereventestablishingthepriceunderthisorderorcontract.Inaddition,vendorwarrantsandrepresentsthatsuchofhissuppliersandsubcontractorsshallassignanyandallsuchclaimstopurchaser,subjecttotheaforementionedexception.ANDMINIMUMWAGEAFFIDAVITFORMI,theundersigned,havingbeendulysworn,deposed,sayandcertifythatinconnectionwiththeperformanceoftheworkofthisproject,Iwillpayeachclassificationoflaborer,workman,ormechanicemployedintheperformanceofsuchwork;notlessthantheprevailingrateofwageornotlessthantheminimumrateofwagesasspecifiedintheprincipalcontract:thatIhavereadtheaboveandforegoingstatementandcertificate,knowthecontentsthereofandthesubstanceassetforththereinistruetomyknowledgeandbelief.008000—PAGE9OF1OProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSSECTION008000FORMSBIDSETJANUARY8,2020FOR:NON-COLLUSIONAFFIDAVIT,ASSIGNMENTOFANTI-TRUSTCLAIMSTOPURCHASERANDMINIMUMWAGEAFFIDAVIT?N\\f€,(1ces-\pNameofProject1NameofBidder’sFirm7YJ‘signatureofAuthorizedRepresentativeofBiddêfSubscribedandsworntobeforemeonthisdayoffJ20NotaryPublicinandfortheStateofWashingtonResidingat:008000—PAGE100F1OCe?&t5\L—AJCckProvidedtoBuildersExchangeofWA,Inc.ForusageConditionsAgreementseewww.bxwa.com—AlwaysVerifyScalAGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION008000JANUARY8,2020FORMSBondNo.PB01649700154CONTRACTBONDTOTHECITYOFRENTONKNOWALLMENBYTHESEPRESENTS:Thatwe,theundersignedEMTech,LLCasprincipal,andPhiladelphiaIndemnityInsuranceCompanycorporationorganizedandexistingunderthelawsoftheStateofPennsylvaniaasasuretycorporation,andqualifiedunderthelawsoftheStateofWashingtontobecomesuretyuponbondsofcontractorswithmunicipalcorporations,assuretyarejointlyandseverallyheldandfirmlyboundtotheCityofRentoninthepenalsumof$367,400.00forthepaymentofwhichsumondemandwebindourselvesandoursuccessors,heirs,administratorsorpersonrepresentatives,asthecasemaybe.ThisobligationisenteredintopursuanttothestatutesoftheStateofWashington,theOrdinanceoftheCityofRenton.Dated at_______________,Washington,this_______________dayof____________,2020.Nevertheless,theconditionsoftheaboveobligationaresuchthat:WHEREAS,underandpursuanttoContractNo.CAG-20-006providingforconstructionoftheCedarRiverTrestleBridgeRepairs;thePrincipalhasaccepted,orisabouttoaccept,thecontract,andundertaketoperformtheworkthereinprovidedforinthemannerandwithinthetimesetforth;NOW,THEREFORE,thisPerformanceandPaymentBondshallbesatisfiedandreleasedonlyupontheconditionthatPrincipal:•FaithfullyperformsallprovisionsoftheContractandchangesauthorizedbyOwnerinthemannerandwithinthetimespecifiedasmaybeextendedundertheContract;•Paysalllaborers,mechanics,subcontractors,lowertiersubcontractors,materialpersons,andallotherpersonsoragentswhosupplylabor,equipment,ormaterialstotheProject;•IndemnifiesandholdsOwner,itsofficers,andagentsharmlessfromandagainstallclaims,liabilities,causesofaction,damages,andcostsforsuchpaymentsforlabor,equipment,andmaterialsbysatisfyingallclaimsanddemandsincurredundertheContract,and008000—PAGE3OF10AGENDA ITEM #7. g) CEDARRIVERTRESTLEBRIDGEREPAIRSBIDSETSECTION008000JANUARY8,2020FORMSreimbursingandpayingOwnerallexpensesthatOwnermayincurinmakinggoodanydefaultbyPrincipal;and•IndemnifiesandholdsOwnerharmlessfromallclaims,liabilities,causesofaction,damagesandcosts,includingpropertydamagesandpersonalinjuries,resultingfromanydefectappearingordevelopinginthematerialprovidedorworkmanshipperformedundertheContract.•Paysalltaxesincurredonsaidcontractundertitle50and51RevisedCodeofWashington(RCW)andalltaxesimposedonthePrincipleunderTitle82RCW.TheindemnitiestoOwnershallalsoinuretothebenefitoftheConsultingEngineersandotherdesignprofessionalsretainedbyOwnerinconnectionwiththeProject.Nochange,extensionoftime,alteration,oradditiontothetermsoftheContractortotheWorktobeperformedundertheContractshallinanywayaffectSuretysobligationonthePerformanceBond.Suretyherebywaivesnoticeofanychange,extensionoftime,alteration,oradditiontothetermsoftheContractortheWork.ThisContractBondshallbegovernedandconstruedbythelawsoftheStateofWashington,andvenueshallbeinKingCounty,Washington.INWITNESSWHEREOF,thepartieshaveexecutedthisinstrumentintwo(2)identicalcounterpartsthis________dayof__________________,2020._________________________________________________PhiladelphiaIndemnityInsuranceCompanySuretySignature___________________________________________________NicholasFredrickson,Attorney-in-FactTitleNameandaddressoflocalofficeofParker,Smith&Feek,Inc.agentand/orSuretyCompany:2233112thAvenueNEBellevue,WA98004EMlech,LLCPrincipalTitle00$000—PAGE4OF10AGENDA ITEM #7. g) 1149PHILADELPHLAINDEMNITYINSURANCECOMPANYOneBalaPlaza,Suite100BalaCynwyd,PA19004-0950PowerofAttorneyKNOWALLPERSONSBYTHESEPRESENTS:ThatPHILADELPHIAINDEMNITYINSURANCECOMPANY(theCompany),acorporationorganizedandexistingunderthelawsoftheCommonwealthofPennsylvania,doesherebyconstituteandappointChristinM.Hubble,DeannaM.French,ElizabethR.Hahn,GuyArmfield,JanaM.Roy,MariahSansone,JohnR.Claeys,MarieI.Matetich,MindeeL.Rankin,RogerKaltenbach,RonaldJ.Lange,SandyL.Boswell,ScottFisher,ScottMcGilvray,SusanB.Larson,NicholasFredrickson,AndrewP.Larsen,ScottGarcia,andCarlyC.FehringerofParker,Smith&Feek,Inc.,itstrueandlawfulAttorney-in-factwithfullauthoritytoexecuteonitsbehalfbonds,undertakings,recognizancesandothercontractsofindemnityandwritingsobligatoryinthenaturethereof,issuedinthecourseofitsbusinessandtobindtheCompanythereby,inanamountnottoexceed$50,000,000.ThisPowerofAttorneyisgrantedandissignedandsealedbyfacsimileunderandbytheauthorityofthefollowingResolutionadoptedbytheBoardofDirectorsofPHILADELPHIAINDEMNITYINSURANCECOMPANYonthe14thofNovember,2016.RESOLVED:ThattheBoardofDirectorsherebyauthorizesthePresidentoranyVicePresidentoftheCompany:(1)AppointAttorney(s)inFactandauthorizetheAttorney(s)inFacttoexecuteonbehalfoftheCompanybondsandundertakings,contractsofindemnityandotherwritingsobligatoryinthenaturethereofandtoattachthesealoftheCompanythereto;and(2)toremove,atanytime,anysuchAttorney-in-Factandrevoketheauthoritygiven.And,beitFURTHERRESOLVED:ThatthesignaturesofsuchofficersandthesealoftheCompanymaybeaffixedtoanysuchPowerofAttorneyorcertificaterelatingtheretobyfacsimile,andanysuchPowerofAttorneysoexecutedandcertifiedbyfacsimilesignaturesandfacsimilesealshallbevalidandbindingupontheCompanyinthefuturewithrespecttoanybondorundertakingtotvhichitisattached.INTESTIMONYWHEREOF,PHILADELPHIAINDEMNITYINSURANCECOMPANYHASCAUSEDTHISINSTRUMENTTOBESIGNEDANDITSCORPORATESEALTOBEAFFIXEDBYITSAUTHORIZEDOFFICETHIS27THDAYOFOCTOBER,2017.1927(Seal)RobertD.O’LearyJr.,President&CEOPhiladelphiaIndemnityInsuranceCompanyOnthis27thdayofOctober,2017,beforemecametheindividualwhoexecutedtheprecedinginstrument,tomepersonallyknown,andbeingbymedulyswornsaidthatheisthethereindescribedandauthorizedofficerofthePHILADELPHIAINDEMNITYINSURANCECOMPANY;thatthesealaffixedtosaidinstrumentistheCorporatesealofsaidCompany;thatthesaidCorporateSealandhissignatureweredulyaffixed.COMO’W5.LThQEPN,NSYCVANIANOThRAL5LCINotaryPublic:____________________________________5p,25.2021I,CL.U,Pfl,fl4fl.2OCaT,O,,O,,C1residingat:BalaCvnwvd.PA(NotarySeal)Mycommissionexpires:September25,2021I,EdwardSayago,CorporateSecretaryofPHILADELPHIAINDEMNITYINSURANCECOMPANY,doherebycertifythattheforegoingresolutionoftheBoardofDirectorsandthePowerofAttorneyissuedpursuanttheretoonthe27”dayofOctober,2017aretrueandcorrectandarestillinfullforceandeffect.IdofurthercertifythatRobertD.O’LearyJr.,whoexecutedthePowerofAttorneyasPresident,wasonthedateofexecutionoftheattachedPowerofAttorneythedulyelectedPresidentofPHILADELPHIAINDEMNITYINSURANCECOMPANY.InTestimony‘hereofIhavesubscribedmynameandaffixedthefacsimilesealofeachCompanythis_______dayof_____________________,209)7:EdwardSayago,CorporateSecretaryPHILADELPHIAINDEMNITYINSURANCECOMPANYAGENDA ITEM #7. g) Phone:(425)430.6611AC1fCERTIFICATEOFLIABILITYINSURANCEDATEIMwDDrYYY)THISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicyfies)musthaveADDITIONALINSUREDprovisionsorbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).PRODUCERCONTACTStacyMcFarlandDuncan&AssociatesInsuranceBrokers360-352-7588I360-943-6304P.O.Box1458-2111HarrisonAveNWStacy@duncanins.comOlympia,WA96502SR(S)WNGCOVENMC#INSURERA:CMVantaaeSpecialtyInsuranceComanvINSUREDNSURERB:MutualofEnumclaw999990EMTech,LLCINSURERC:PrtnctonExc.is&SurohmlinesInsur.ncComD1133KreskyAve.,Suite106INSURER0:TheOhioCasualtyInsuranceComDanyCentralia,WA98531INSURERB:EvanstonInsuranceCompanyINSURERFCOVERAGESCERTIFICATENUMBER:00105472-0REVISIONNUMBER:89ThISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOThEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,ThEINSURANCEAFFORDEDBYThEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.1NSRADDLbUBkPOlicy5FFPOliCYEXP—TYPEOFINSURANCE-POliCYNUMBERMWDDIYYYYfUUIDDIYYYY1liMITS_______________AXcOMMERCIALGENERALLIABILITYYNCMV-PL14012557-01041151201904I15!2020EACHOCCURRENCE$1,000,000IDAMAGETORENTEDCLAIMS-MADEXOCCURPREMISESlEaoonirrenlcel$300,000MEDEXP(Anyoneperson)$ExcludedPERSONALEADVINJURY$1,000,000GENTAGGREGATELIMITAPPLIESPERGENERALAGGREGATE$2,000,000POLICYLOCPRODUCTS-COMPIOPAEGS2,000,000—SBAUTOMOBILELIABILITYBAP00054720104115120190411512020LIMIT$1.000.000ANYAUTOBODILYINJURYIPerperson)$AUTOSONLYSCHEDULEDBODILYINJURYIPeraldent)$HIREDNON-OWNEDPROPERTYDAMAGE$XAUTOSONLYXAUTOSONLYIPeraccidentlCUMBRELLALIAB[çJOCCUR——82A3FF0002300-0004115120190411512020EACHOCCURRENCE$5,000000xEXCESSUABICLAIMS-MAOCAGGREGATE$5,000,000—OLDIRETENTIONS—$A—CMV-PLI-00125574104115120190411512020IXIStopGapANYPROPRIETOWPARTNERIEXECUTIVSYINEL.EACHACCIDENT$1,000,000OFFICEWMEMBEREXCLUDED?NNIAIMandatoryInNH)EL.DISEASE-EAEMPLOYS$1,000,000Ifvan,describeunderDESCRIPTIONOFOPERATIONSbelow——EL,DISEASE-POLICYLIMIT51,000,000DInstallationFloaterBM05954166903122120190312212020500Deductible720,000EExcessLiabilityEZXS300772304I151201904115120205,000,000DESCRIPTIONOFOPERATIONSILOCATIONSIVEHICLESIACORD101,AdditionalRemarksSchedule,maybeattachedifmorespaceisrequired)Project:CedarRiverTrestleBridgeRepairsContractNo.:CAG-20-006CiytofRentonisnamedasAdditionalInsuredperCG20100413.Primary&Non-ContributoryappliesperPLI52400616.CERTIFICATEHOLDERCANCELLATIONSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORECityofRentonTHEEXPIRAflONDATETHEREOF,NO11CEWiLLBEDELIVEREDINAttn.:BetsySevertsen,CapitalProjectsCoordinatorACCORDANCEWITHTHEPOLICYPROVISIONS.1055SouthGradyWayAUTHORIZEDREPRESENTATiVERenton,WA98057I(SEM)©188-2015ACORDCORPORATION.Allrightsreserved.ACORD25(2016103)TheACORDnameandlogoareregisteredmarksofACORDPrintedbySEMonFebwary14,2020at12:12PMAGENDA ITEM #7. g) THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY.AMENDMENT-ADDITIONALINSURED-PRIMARYANDNONCONTRIBUTORY-OTHERINSURANCECONDITIONSCHEDULEAdditionalInsured:Anypersonororganizationwhoyouarerequiredtoaddasanadditionalinsuredonthispolicyunderawrittencontractorwrittenagreement.A.InformationtocompletetheSchedule,ifnotshownabove,willbeshownintheDeclarations.ThefollowingisaddedtotheOtherInsuranceConditionandsupersedesanyprovisiontothecontrary:PrimaryandNoncontributoryInsuranceAsrespectstheAdditionalInsuredshownintheScheduleabove,thisinsuranceisprimarytoandwillnotseekcontributionfromanyotherinsuranceavailabletotheAdditionalInsured,providedthat:B.TheAdditionalInsuredisaNamedInsuredundersuchotherinsurance;andC.Youhaveagreedinwritinginacontractoragreementthatthisinsurancewouldbeprimaryandwouldnotseekcontributionfromanyotherinsuranceavailabletotheadditionalinsured.Allothertermsandconditionsofthepolicyremainunchanged.PLI52400616Page1of1Copyright2016,CMVantageSpecialtyInsuranceCompanyAGENDA ITEM #7. g) C.Withrespecttotheinsuranceaffordedtothese2.AvailableundertheapplicableLimitsofadditionalinsureds,thefollowingisaddedtoInsuranceshownintheDeclarations;SectionNI—LimitsOfInsurance:whicheverisless.IfcoverageprovidedtotheadditionalinsuredisThisendorsementshallnotincreasetherequitedbyacontractoragreement,themostweapplicableLimitsofInsuranceshowninthewillpayonbehalfoftheadditionalinsuredistheDeclarations.amountofinsurance:1.Requiredbythecontractoragreement;orPage2of2©InsuranceServicesOffice,Inc.,2012CG20100413AGENDA ITEM #7. g) POLICYNUMBER:CMV-PU-00l2557-O1COMMERCIALGENERALLIABILITYCG20100413THISENDORSEMENTCHANGESTHEPOLICY.PLEASEREADITCAREFULLY.ADDITIONALINSURED-OWNERS,LESSEESORCONTRACTORS-SCHEDULEDPERSONORORGANIZATIONThisendorsementmodifiesinsuranceprovidedunderthefollowing:COMMERCIALGENERALLIABILITYCOVERAGEPARTSCHEDULENameOfAdditionalInsuredPerson(s)OrOrganization(s)Location(s)OfCoveredOperationsAnypersonororganizationwhoyouarerequiredtoaddasanadditionalinsuredonthispolicyunderawrittencontractorwrittenagreement.InformationrequitedtocompletethisSchedule,ifnotshownabove,willbeshownintheDeclarations.A.SectionII—WhoIsAnInsuredisamendedtoincludeasanadditionalinsuredtheperson(s)ororganization(s)shownintheSchedule,butonlywithrespecttoliabilityforbodilyinjury’,“propertydamageor“personalandadvertisinginjury”caused,inwholeorinpart,by:1.Youractsoromissions;or2.Theactsoromissionsofthoseactingonyourbehalf;intheperformanceofyourongoingoperationsfortheadditionalinsured(s)atthelocation(s)designatedabove.However:7.Theinsuranceaffordedtosuchadditionalinsuredonlyappliestotheextentpermittedbylaw;and2.Ifcoverageprovidedtotheadditionalinsuredisrequiredbyacontractoragreement,theinsuranceaffordedtosuchadditionalinsuredwillnotbebroaderthanthatwhichyouarerequitedbythecontractoragreementtoprovideforsuchadditionalinsured.B.Withrespecttotheinsuranceaffordedtotheseadditionalinsureds,thefollowingadditionalexclusionsapply:Thisinsurancedoesnotapplyto“bodilyinjury”or“propertydamage”occurringafter:1.Allwork,includingmaterials,partsorequipmentfurnishedinconnectionwithsuchwork,ontheproject(otherthanservice,maintenanceorrepairs)tobeperformedbyoronbehalfoftheadditionalinsured(s)atthelocationofthecoveredoperationshasbeencompleted;or2.Thatportionof“yourwork”outofwhichtheinjuryordamageariseshasbeenputtoitsintendedusebyanypersonororganizationotherthananothercontractororsubcontractorengagedinperformingoperationsforaprincipalasapartofthesameproject.CG20100473©InsuranceServicesOffice,Inc.,2072Page1of2AGENDA ITEM #7. g) CITY OF RENTON COMMUNITY SERVICES DEPARTMENT PARKS PLANNING AND NATURAL RESOURCES DIVISION 1055 SOUTH GRADY WAY RENTON, WASHINGTON 98057 BID SET ISSUED: JANUARY 8, 2020 PROJECT NUMBER: CAG-20-006 CEDAR RIVER TRESTLE BRIDGE REPAIRS PROJECT MANUAL AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET TABLE OF CONTENTS JANUARY 8, 2020 TC ‐ 1 TITLE PAGES Table of Contents ................................................................................................................... 1‐2 DIVISION 0 – PROCUREMENT AND CONTRACTING REQUIREMENTS 00 11 13 Advertisement for Bids .................................................................................. 1‐2 00 11 14 Synopsis of Bidding Information .................................................................... 1‐1 00 21 00 Instructions to Bidders ................................................................................... 1‐8 00 42 00 Bid Form ......................................................................................................... 1‐3 00 45 13 Bidder’s Qualification Statement ................................................................... 1‐1 00 72 00 General Conditions ....................................................................................... 1‐66 00 80 00 Forms: ........................................................................................................... 1‐10 Bid Bond Form Contract Bond Form Sample Agreement Form Certification of Compliance with Wage Payment Statutes Non‐Collusion, Anti‐trust and Minimum Wage Form DIVISION 1 – GENERAL REQUIREMENTS 01 10 00 Summary ........................................................................................................ 1‐6 01 11 30 Hazardous Materials ...................................................................................... 1‐1 01 14 00 Work Restrictions ........................................................................................... 1‐7 01 20 00 Price and Payment Procedures ...................................................................... 1‐7 01 21 00 Prevailing Wage Rates .................................................................................... 1‐1 01 30 00 Administrative Requirements ........................................................................ 1‐8 01 32 16 Construction Schedule ................................................................................... 1‐3 01 40 00 Quality Requirements .................................................................................... 1‐7 01 42 16 Definitions ...................................................................................................... 1‐4 01 50 00 Temporary Facilities and Controls ................................................................. 1‐4 01 57 00 Environmental Controls ................................................................................. 1‐2 01 58 13 Temporary Project Signage ............................................................................ 1‐3 01 70 00 Execution and Closeout Requirements ........................................................ 1‐10 01 74 19 Construction Waste Management and Disposal ........................................... 1‐5 01 78 00 Closeout Submittals ....................................................................................... 1‐7 AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET TABLE OF CONTENTS JANUARY 8, 2020 TC ‐ 2 TITLE PAGES DIVISION 2 – EXISTING CONDITIONS 02 41 00 Demolition ...................................................................................................... 1‐5 DIVISION 3 – CONCRETE 03 10 00 Concrete Forming and Accessories ................................................................ 1‐5 03 20 00 Concrete Reinforcement ................................................................................ 1‐5 03 30 00 Cast‐in‐Place Concrete ................................................................................. 1‐20 DIVISION 5 – METALS 05 50 00 Metal Fabrications .......................................................................................... 1‐5 DIVISION 6 – WOOD, PLASTICS, AND COMPOSITES 06 10 00 Rough Carpentry ............................................................................................ 1‐4 DIVISION 31 – EARTHWORK 31 00 00 Earth Work ..................................................................................................... 1‐6 ADDITIONAL INFORMATION Appendix A Permits......................................................................................................... 1‐55 AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS CAG-20-006 BID SET SECTION 00 11 13 JANUARY 8, 2020 ADVERTISEMENT FOR BIDS SECTION 0011 13 ADVERTISEMENT FOR BIDS The City of Renton invites interested and qualified contractors to submit sealed bids for the following project: TITLE: Cedar River Trestle Bridge Repairs ENGINEER'S COST ESTIMATE: 441,000.00, including WSST. SUBMITTAL TIME/DATE/LOCATION: Prior to 3:00 P.M.,January 28, 2020 at the Office of the City Clerk,Seventh Floor Renton City Hall 1055 Grady Way, Renton,WA 98057 Public Bid Opening will commence at approximately 3:10 P.M. in Room 621, Sixth Floor, Renton City Hall, 1055 South Grady Way, Renton, WA 98057. PRE-BID CONFERENCE/SITE WALK-THROUGH: 10: 30 A.M.January 14, 2020 at Cedar River Trail Bridge Parking Lot, 3225 SE 7th St, Renton, WA 98058. Attendance at the pre-bid conference/site walk- through is highly encouraged but is not mandatory. The work, to be substantially completed by August 31, 2020 under this contract shall include, but is not be limited to: repair of Cedar River Trestle Bridge and related site work. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. Repairs will be made to existing serviceable facilities and be conducted within the existing footprint of the facilities, with minimal environmental impacts. Bid documents will be available January 8, 2020. Plans and specifications may be viewed at Builder's Exchange of Washington. Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on "Posted Projects", "Public Works", and City of Renton". This online plan room provides Bidders with fully usable online documents 00 11 13 - PAGE 1 OF 2 AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS CAG-20-006 BID SET SECTION 00 11 13 JANUARY 8, 2020 ADVERTISEMENT FOR BIDS with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders Register" in order to receive automatic e-mail notification of future addenda and to place themselves on the "Self-Registered Bidders List". Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan room for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. Published: Daily Journal of Commerce: PO Box 11050, Seattle, WA 98111. Phone: (206) 622-8272. Website: plancenter.com. Please direct questions regarding this project to the City of Renton, ATTN: Betsy Severtsen, Capital Projects Coordinator, phone (425) 430-6611, or email bsevertsen@rentonwa.gov Document clarification questions must be submitted in writing). Questions are due on January 16, 2020 by 4:30pm. The City's fair practices/non-discrimination policies and the State of Washington prevailing wage rates are applicable for this public works project located in King County. Bidders are responsible to verify and use the most recent prevailing wage rates. The "Effective Date" for this project is the Bid Form due date above. The applicable prevailing wage rates may be found on the Department of Labor & Industries website located at https://fortress.wa.Rov/Ini/wagelookup/prvWagelookup.aspx. A Bid Bond in the amount of 5% of the total amount of the bid must accompany each bid. The City reserves the right to reject any and all bids and to waive any informalities or irregularities in bids received. The City's Fair Practices and Non-Discrimination policies and State Prevailing Wage Rates apply to this project. Bids shall be in a sealed envelope marked "CEDAR RIVER TRESTLE BRIDGE REPAIRS". THE CITY OF RENTON Jas Se 4'. City Clerk Published: Daily Journal of Commerce on JANUARY 8, 2020 00 11 13 - PAGE 2 OF 2 AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 11 14 JANUARY 8, 2020 SYNOPSIS OF BIDDING INFORMATION 00 11 14 PAGE 1 OF 1 SECTION 00 11 14 SYNOPSIS OF BIDDING INFORMATION A. PROJECT: Cedar River Trestle Bridge Repairs 3225 SE 7th St Renton, WA 98058 B. OWNER: City of Renton 1055 South Grady Way Renton, WA 98057 C. OWNER’S REPRESENTATIVE: Betsy Severtsen Capital Projects Coordinator 1055 South Grady Way, 6th Floor Renton, WA 98057 Phone (425) 430‐6611 D. CONSULTANT: WSP USA, Inc. 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003‐2600 E. BIDS DUE: Tuesday, January 28, 2020, 3:00 p.m. at City Clerk’s Office, 7th Floor Renton City Hall Renton, WA 98057 F. NOTICE TO PROCEED: Approximately April 06, 2020 G. TIME OF CONSTRUCTION: Substantial Completion of entire work is expected by August 31, 2020 with Final Completion of entire work by September 30, 2020. Final Completion of in‐water work is expected by August 31, 2020 to comply with fish‐window. H. PERFORMANCE BOND & PAYMENT BOND: 100% of contract amount. I. WAGES: Pay state prevailing wage rates. END OF SECTION AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 1 OF 8 SECTION 00 21 00 INSTRUCTIONS TO BIDDERS 1.1 EXPLANATION TO PROSPECTIVE BIDDERS A. Any prospective Bidder desiring an explanation or interpretation of the solicitation, drawings, specifications, etc., must submit a request in writing to the Owner’s Representative twelve (12) calendar days before the bid due date. Oral explanations or instructions given before the award of a contract will not be binding. Any information given a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders by addendum to the solicitation, if that information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders. B. In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW the City of Renton encourages participation in all of its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this invitation or as a subcontractor to a bidder. However, unless required by federal statutes, regulations, grants, or contract terms referenced in the contract documents, no preference will be included in the evaluation of bids, no minimum level of MWBE participation shall be required as a condition for receiving an award, and bids will not be rejected or considered nonresponsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the contract documents will apply. C. The City of Renton encourages participation in all of its contracts by Veteran‐owned businesses (defined in RCW 43.60.010) and located at http://www.dva.wa.gov/program/certified‐veteran‐and‐servicemember‐owned‐ businesses and Small, Mini and Micro businesses (defined in RCW 39.26.010) which have registered in WEBS at https://fortress.wa.gov/ga/webs/. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 2 OF 8 1.2 PREPARATION OF BIDS – CONSTRUCTION A. Bids must be: (1) submitted on the Bid Form, or copies of forms, furnished by the Owner or the Owner’s agent, and (2) signed in ink. The person signing a bid must initial each change appearing on any Bid Form. If the bid is made by a corporation, it shall be signed by the corporation’s authorized designee. The address of the Bidder shall be typed or printed on the Bid Form in the space provided. B. The Bid Form may require Bidders to submit bid prices for one or more items on various bases, including: (1) lump sum base bid; (2) lump sum bid alternate prices; (3) unit prices; or (4) any combination of items 1 through 3 above. C. If the solicitation includes alternate bid items, failure to bid on the alternates may disqualify the bid. If bidding on all items is not required, Bidders should insert the words “no bid” in the space provided for any item on which no price is submitted. D. Substitute bid forms will not be considered unless this solicitation authorizes their submission. 1.3 BID GUARANTEE A. When the sum of the base bid plus all additive bid alternates is $35,000.00 or less, bid security is not required. B. When the sum of the base bid plus all additive alternates is greater than $35,000.00, a bid guarantee in the amount of 5% of the base bid amount is required. Failure of the Bidder to provide bid guarantee when required shall render the bid non‐ responsive. C. Acceptable forms of bid guarantee are: A bid bond or postal money order, or certified check or cashier’s check made payable to the City of Renton Treasurer. D. The Owner will return bid guarantees (other than bid bond) to unsuccessful Bidders as soon as practicable, but not sooner than the execution of a contract with the successful Bidder. The successful Bidder’s bid guarantee will be returned to the successful Bidder with its official notice to proceed with the work of the contract. E. The Bidder will allow 60 days from bid opening date for acceptance of its bid by the Owner. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 3 OF 8 F. The Bidder will return to the Owner a signed contract, insurance certificate and bond or bond waiver within 15 days after receipt of the contract. If the apparent successful Bidder fails to sign all contractual documents or provide the bond and insurance as required or return the documents within 15 days after receipt of the contract, the Owner may terminate the award of the contract. G. In the event a Bidder discovers an error in its bid following the bid opening, the Bidder may request to withdraw its bid under the following conditions: 1. Written notification is received by the Owner within 24 hours following bid opening. 2. The Bidder provides written documentation of the claimed error to the satisfaction of the Owner within 72 hours following the bid opening. The Owner will approve or disapprove the request for withdrawal of the bid in writing. If the Bidder’s request for withdrawal of its bid is approved, the Bidder will be released from further obligation to the Owner without penalty. If it is disapproved, the Owner may retain the Bidder’s bid guarantee. 1.4 ADDITIVE OR DEDUCTIVE BID ITEMS The low Bidder, for purposes of award, shall be the responsive Bidder offering the low aggregate amount for the base bid item, plus additive or deductive bid alternates selected by the Owner, and within funds available for the project. The Bidder agrees to hold all bid alternate prices for sixty (60) days from date of bid opening. 1.5 ACKNOWLEDGEMENT OF ADDENDA Bidders shall acknowledge receipt of all addenda to this solicitation by identifying the addenda numbers in the space provided for this purpose on the Bid Form. Failure to do so may result in the bid being declared non‐responsive. 1.6 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK The Bidder acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to; (1) conditions bearing upon transportation, disposal, handling, and storage of materials; (2) the availability of labor, water, electric power, and road; (3) uncertainties of AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 4 OF 8 weather, river stages, tides, or similar physical conditions at the site; (4) the conformation and conditions of the ground; and (5) the character of equipment and facilities needed preliminary to and during the work. The Bidder also acknowledges that it has satisfied itself as to character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including exploratory work done by the Owner, as well as from the drawings and specifications made a part of this contract. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for estimating properly the difficulty and cost of successfully performing the work. 1.7 BID AMOUNTS A. The bid prices shown for each item on the Bid Form shall include all labor, material, equipment, overhead and compensation to complete all of the work for that item. B. Permits obtained by the Owner are provided in Appendix A. All other permits and fees required to execute the work shall be obtained and paid for by the Contractor. C. The Bidder agrees to hold the base bid prices for sixty (60) days from date of bid opening. 1.8 TAXES All bid amounts shall include Washington Sales Tax (WSST) based on the City of Renton rate (currently 10%) entered on the appropriate location on the Bid Form. All other taxes imposed by law shall be included in the bid amount. The Owner will include WSST in progress payments. The Contractor shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Owner if requested. [NOTE: Contractor must bond for contract amount plus the WSST.] 1.9 SUBMISSION OF BIDS A. Bids must be submitted on or before the time specified in the Advertisement for Bids. B. The Bid Form shall be submitted in a sealed envelope addressed to the office specified in the Advertisement for Bids. The envelope shall have printed on the outside: 1. The project number and description. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 5 OF 8 2. The name and address of the Bidder 3. Identification as Bid Form. C. Prior to the bid opening, the Owner’s representative will designate the official bid clock. Any part of the Bid Form, or in the rare situation of a bid modification, not received prior to the times specified, per the designated bid clock, will not be considered and the bid will be returned to the Bidder unopened. D. A bid may be withdrawn in person by a Bidder’s authorized representative before the opening of the bids. Bidder(s) representative will be required to show ID and sign on bid summary sheet before it will be released. E. People with disabilities who wish to request special accommodation, (e.g., sign language interpreters, braille, etc.) need to contact the Owner twelve (12) calendar days prior to the scheduled bid opening. 1.10 BID RESULTS After the Bid Opening, Bidders may obtain bid results from the Owner. 1.11 LOW RESPONSIBLE BIDDER A. Mandatory Responsibility Criteria: Before award of a public works contract, a Bidder must meet the following mandatory responsibility criteria under RCW 39.04.350 (1) to be considered a responsible Bidder and qualified to be awarded a public works project. The Bidder must: 1. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW; 2. Have a current state unified business identifier number; 3. If applicable, have industrial insurance coverage for the Bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); and AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 6 OF 8 5. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the City of Renton Apprenticeship and Training Council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one‐year period immediately preceding the date of the bid solicitation. 6. Within the three‐year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. (Before award of a public works contract, a bidder shall submit to the contracting agency a signed statement in accordance with RCW 9A.72.085 verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria requirements. A contracting agency may award a contract in reasonable reliance upon such a sworn statement.) B. Supplemental Responsibility Criteria: In addition to the mandatory Bidder responsibility, the Owner has adopted relevant supplemental criteria for determining Bidder responsibility which the Bidder must meet (RCW 39.04.350 (3)). 1. The Owner shall consider an overall accounting of the attached supplemental criteria for determining Bidder responsibility “DIVISION 00 4513 BIDDER’S QUALIFICATION STATEMENT”. 2. At least twelve (12) calendar days prior to the bid submittal deadline, a potential Bidder may request that the Owner modify the supplemental responsibility criteria. The Owner will evaluate the information submitted by the potential Bidder and respond before the bid submittal deadline. If the evaluation results in a change of the criteria, the Owner will issue an addendum to the bidding documents identifying the new criteria. 3. If the Owner determines that the apparent low Bidder is not responsible, the Owner will notify the Bidder of its preliminary determination in writing. 4. Within three (3) days after receipt of the preliminary determination, the Bidder may withdraw its bid or request a hearing where the Bidder may appeal the preliminary determination and present additional information to the Owner. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 7 OF 8 5. The Owner will schedule a hearing within three (3) working days of receipt of the Bidder’s request. 6. The Owner will issue a Final Determination after reviewing information presented at the hearing. 7. If the Owner determines a Bidder to be not responsible, the Owner will provide, in writing, the reasons for the determination. If the final determination affirms that the Bidder is not responsible, the Owner will not execute a contract with any other Bidder until two (2) business days after the Bidder determined to be not responsible has received the final determination. 8. The Owner’s Final Determination is specific to this project, and will have no effect on other or future projects. 1.12 CONTRACT AWARD A. The Owner will evaluate bid responsiveness and responsibility. 1. A bid will be considered responsive if it meets the following requirements: a. It is received at the proper time and place. b. It meets the stated requirements of the Bid Form. c. It is submitted by a licensed/registered contractor within the state of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries. d. It is accompanied by a bid guarantee, if required. 2. A bid will be considered responsible if it meets the following requirements: a. It meets the mandatory responsibility criteria established in RCW 39.04.350 and an overall accounting of the supplemental responsibility criteria established for the project. B. The Owner reserves the right to accept or reject any or all bids and to waive informalities. C. The apparent low Bidder, for purpose of award, shall be the responsive and responsible Bidder offering the low aggregate amount for the base bid plus selected additive or deductive bid alternates and meeting all other bid submittal AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 21 00 JANUARY 8, 2020 INSTRUCTIONS TO BIDDERS 00 21 00 – PAGE 8 OF 8 requirements. 1.13 DOCUMENTS (ATTACHED) A. Advertisement for Bids B. Bid Form C. Bidder’s Qualification Statement D. General Conditions for Construction E. Bonds ‐ Bid and performance F. Sample contract G. Certification of Compliance with Wage Payment Statutes H. Non‐Collusion, Anti‐trust and Minimum Wage Form Note: Payment Bond and Performance Bond are required. These forms will be provided by the Owner. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 42 00 JANUARY 8, 2020 BID FORM 00 42 00 – PAGE 1 OF 3 CITY OF RENTON MAIL TO: CITY CLERK 1055 GRADY WAY, RENTON, WA, 98057 HAND DELIVER TO: OFFICE OF THE CITY CLERK SEVENTH FLOOR, RENTON CITY HALL 1055 GRADY WAY, RENTON, WA, 98057 for the CEDAR RIVER TRESTLE BRIDGE REPAIRS Cedar River Trail 3225 SE 7th Street, Renton, WA 98058 Bids Due: 3:00 p.m. Thursday, January 28, 2020 The undersigned herby certifies that they have carefully examined the Contract Documents as defined in the General Conditions and have examined the site of the Work, and fully understands the manner in which payment is proposed to be made for the cost thereof, hereby proposed to furnish all materials and to perform all labor which may be required to complete said work within the time fixed, and upon the terms and conditions provided in said Contract Documents for consideration of the following amount: A. BASE BID 1a) BASE BID: $ ________________ (Written) (Numeric) 1b) SALES TAX ON BASE BID (The combined sales tax rate for Renton, WA is 10%): $ ___________________ (Written) (Numeric) 1c) TOTAL BASE BID $ ___________________ (Written) (Numeric) B I D F O R M AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 42 00 JANUARY 8, 2020 BID FORM 00 42 00 – PAGE 2 OF 3 B. CONDITIONS OF PROPOSAL 1. Determination of Low Bidder: a. The City of Renton, ‘Owner/City’ reserves the right to ‘Award a Contract’ based on the Contractor’s Proposal Amount for Base Bid and/or Breakdown, in whatever manner is in the City’s best interest. 2. Overhead and Profit: a. All of the above Bid Prices shall include overhead and profit. C. PERIOD OF BID VALIDITY/ACCEPTANCE OF BID 1. Base Bid The undersigned hereby agrees that this BID as described in paragraph “A” shall be valid and firm offering for the period sixty (60) days from closing time for the “Receipt of Bids.” Acceptance of Bid: Within sixty (60) days after the opening of Form of Proposal, the City will act either to accept the Proposal from the lowest responsive, responsible Bidder, or to reject all Bids. The City reserves the right to request extensions of such Bid acceptance period. The acceptance of a Bid will be evidenced by a written Notice of Intent to Award Contract to the Bidder whose Bid is under consideration for acceptance, together with a request to furnish a bond (if required), evidence of insurance to execute the agreement set forth in the Contract Documents, and other designated documents. D. EXECUTION OF CONTRACT If written “Notice of Intent to Award Contract” is mailed, telegraphed, facsimile, or delivered to the undersigned within the “period of Bid Validity” noted above, or any time thereafter before this Bid is withdrawn, the undersigned will, within ten (10) days after the date of such notification, execute a Contract in the form of “City of Renton Standard Form of Agreement.” E. TIME FOR COMPLETION Contract Time ‐ The undersigned hereby agrees to Substantially Complete all the work under the Base Bid (and accepted Alternates) no later than August 31, 2020. Final Completion – All the Work shall be fully and finally completed in accordance with the contract documents within 30 calendar days after the date of Substantial Completion. Final Completion of in‐ water work shall be by August 31, 2020 to comply with fish‐window. F. LIQUIDATED DAMAGES The undersigned agrees to pay the Owner as liquidated damages the sum of $250.00 for each consecutive calendar day that is in default after the Contract Time. Liquidated damages shall be deducted from the contract invoice after taxes and retainage. G. NONDISCRIMINATIONAL COMPLIANCE During the performance of the Agreement, the Contractor agrees to comply with all federal and state non‐discrimination laws, regulations, and policies. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 42 00 JANUARY 8, 2020 BID FORM 00 42 00 – PAGE 3 OF 3 H. RECEIPT OF ADDENDA Receipt of the following addenda is acknowledged: Addendum No. Addendum No. Addendum No. Addendum No. Name of Firm NOTE: If Bidder is a corporation, write State of Incorporation; if a partnership, give full names and addresses of all parties below. Signed by Official Capacity Print Name Address City State Zip Code Date Telephone FAX State of Washington Contractor's License No. Federal Tax ID # E‐mail address: Employment Security Department No. AGENDA ITEM #7. g) CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 45 13 JANUARY 8, 2020 BIDDER’S QUALIFICATION STATEMENT 00 45 13 – PAGE 1 OF 1 SECTION 00 45 13 BIDDER’S QUALIFICATION STATEMENT Each Bidder submitting a proposal on work included in these contract drawings and specifications shall prepare and submit as part of his bid, the following information: 1. Name of Bidder: 2. Business Address: 3. Telephone: 4. How many years has said Bidder been engaged in the contracting business under the present firm name: 5. Contracts now in hand (Gross Amount): $ 6. Experience with similar projects (scope of work, size, complexity, value, location): List at least three (3) projects accomplished within the last seven (7) years in which the Bidder constructed comparable projects. Include the project name and location, contract amount, completion date, and the telephone number and email address of the Owner or Owner’s Representative responsible for the project. Describe how the project met customer satisfaction. We will discuss performance with the named references. Limit 3 pages. 7. Work Plan: Provide a description of how the work will be done within the time window allowed. Include a schedule of activities planned. Indicate planned working hours and days. Limit 3 pages. 8. Assigned Key Personnel: Provide a resume for the Project Manager, Superintendent, and other key personnel that will be assigned and committed to this project. Include role for this contract, years of experience in the proposed role, overall years of experience, training/education, and relevant projects with names of project Owner and Engineer. Limit 3 pages. 9. List of company’s major equipment. AGENDA ITEM #7. g) 00 72 00 – PAGE 1 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS SECTION 00 72 00 GENERAL CONDITIONS PART 1 – GENERAL PROVISIONS 1.1 Definitions ................................................................................................. 4 1.2 Order of Precedence ................................................................................. 6 1.3 Execution and Intent ................................................................................. 7 PART 2 – INSURANCE AND BONDS 2.1 Contractor’s Liability Insurance ................................................................ 7 2.2 Coverage Limits ......................................................................................... 9 2.3 Insurance Coverage Certificates ............................................................... 10 2.4 Payment and Performance Bonds ............................................................ 10 2.5 Alternative Surety ..................................................................................... 10 2.6 Builder’s Risk ............................................................................................. 11 PART 3 – TIME AND SCHEDULE 3.1 Progress and Completion .......................................................................... 11 3.2 Construction Schedule .............................................................................. 12 3.3 Owner’s Right to Suspend the Work for Convenience ............................. 13 3.4 Owner’s Right to Suspend the Work for Cause ........................................ 14 3.5 Delay.......................................................................................................... 14 3.6 Notice to Owner of Labor Disputes .......................................................... 15 3.7 Damages for Failure to Achieve Timely Completion ................................ 15 PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS 4.1 Discrepancies and Contract Document Review ........................................ 16 4.2 Project Record ........................................................................................... 17 4.3 Shop Drawings .......................................................................................... 18 4.4 Organization of Specifications .................................................................. 19 4.5 Ownership and Use of Drawings, Specifications, and Other Documents . 19 PART 5 – PERFORMANCE 5.1 Contractor Control and Supervision ......................................................... 20 5.2 Permits, Fees, and Notices ........................................................................ 21 AGENDA ITEM #7. g) 00 72 00 – PAGE 2 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.3 Patents and Royalties ................................................................................ 21 5.4 Prevailing Wages ....................................................................................... 22 5.5 Hours of Labor ........................................................................................... 23 5.6 Nondiscrimination ..................................................................................... 24 5.7 Safety Precautions .................................................................................... 25 5.8 Operations, Material Handling, and Storage Areas .................................. 28 5.9 Prior Notice of Excavation ......................................................................... 29 5.10 Unforeseen Physical Conditions ............................................................... 29 5.11 Protection of Existing Structures, Equipment, Vegetation, Utilities & Improvements ........................................................................................... 29 5.12 Layout of Work .......................................................................................... 29 5.13 Material and Equipment ........................................................................... 30 5.14 Availability and Use of Utility Services ...................................................... 30 5.15 Tests and Inspections ................................................................................ 30 5.16 Correction of Nonconforming Work ......................................................... 32 5.17 Clean‐up .................................................................................................... 34 5.18 Access to Work .......................................................................................... 34 5.19 Subcontractors and Supplier ..................................................................... 34 5.20 Warranty of Construction ......................................................................... 37 5.21 Indemnification ......................................................................................... 37 PART 6 – PAYMENTS AND COMPLETION 6.1 Contract Sum ............................................................................................. 38 6.2 Schedule of Value ...................................................................................... 38 6.3 Application for Payment ........................................................................... 39 6.4 Progress Payments .................................................................................... 40 6.5 Payments Withheld ................................................................................... 41 6.6 Retainage and Bond Claim Rights ............................................................. 41 6.7 Substantial Completion ............................................................................. 41 6.8 Prior Occupancy ........................................................................................ 42 6.9 Final Completion, Acceptance, and Payment ........................................... 42 PART 7 – CHANGES 7.1 Change in the Work .................................................................................. 43 7.2 Change in the Contract Sum ..................................................................... 45 7.3 Change in the Contract Time .................................................................... 54 PART 8 – CLAIMS AND DISPUTE RESOLUTION 8.1 Claims Procedure ...................................................................................... 56 AGENDA ITEM #7. g) 00 72 00 – PAGE 3 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 8.2 Arbitration ................................................................................................. 58 8.3 Claims Audits ............................................................................................. 58 PART 9 – TERMINATION OF THE WORK 9.1 Termination by Owner for Cause .............................................................. 60 9.2 Termination by Owner for Convenience .................................................. 62 PART 10 – MISCELLANEOUS PROVISIONS 10.1 Governing Law .......................................................................................... 63 10.2 Successors and Assigns ............................................................................. 63 10.3 Meaning of Words .................................................................................... 64 10.4 Rights and Remedies ................................................................................. 64 10.5 Contractor Registration ............................................................................. 64 10.6 Time Computations ................................................................................... 64 10.7 Records Retention/Public Records Requests ............................................ 65 10.8 Third‐Party Agreements ............................................................................ 65 10.9 Antitrust Assignments ............................................................................... 65 10.10 Headings and Captions .............................................................................. 66 10.11 Diverse Business Participation .................................................................. 66 10.12 Apprenticeship Participation .................................................................... 66 AGENDA ITEM #7. g) 00 72 00 – PAGE 4 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS PART 1 – GENERAL PROVISIONS 1.1 DEFINITIONS A. “Application for Payment” means a written request submitted by Contractor to Owner for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as Owner or A/E may require. B. “Architect,” “Engineer,” or “A/E” means a person or entity lawfully entitled to practice architecture or engineering, representing Owner within the limits of its delegated authority. C. “Change Order” means a written instrument signed by Owner and Contractor stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any, and (3) the extent of the adjustment in the Contract Time, if any. D. “Claim” means Contractor’s exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8. E. “Contract Award Amount” is the sum of the Base Bid and any accepted Alternates. F. “Contract Documents” means the Advertisement for Bids, Instructions for Bidders, completed Bid Form, General Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof. G. “Contract Sum” is the total amount payable by Owner to Contractor, for performance of the Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax. H. “Contract Time” is the number of calendar days allotted in the Contract Documents for achieving Substantial Completion of the Work. I. “Contractor” means the person or entity who has agreed with Owner to perform the Work in accordance with the Contract Documents. J. “Day(s): Unless otherwise specified, day(s) shall mean calendar day(s).” AGENDA ITEM #7. g) 00 72 00 – PAGE 5 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS K. “Drawings” are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules, and diagrams. L. “Final Acceptance” means the written acceptance issued to Contractor by Owner after Contractor has completed the requirements of the Contract Documents, as more fully set forth in Section 6.9 B. M. “Final Completion” means that the Work is fully and finally complete in accordance with the Contract Documents, as more fully set forth in Section 6.9 A. N. “Force Majeure” means those acts entitling Contractor to request an equitable adjustment in the Contract Time, as more fully set forth in paragraph 3.5A. O. “Notice” means a written notice which has been delivered in person to the individual or a member of the firm or entity or to an officer of the corporation for which it was intended or, if delivered or sent by registered or certified mail, to the last business address known to the party giving notice. P. “Notice to Proceed” means a notice from Owner to Contractor that defines the date on which the Contract Time begins. Q. “Owner” means the City of Renton, or its authorized representative with the authority to enter into, administer, and/or terminate the Work in accordance with the Contract Documents and make related determinations and findings. R. “Person” means a corporation, partnership, business association of any kind, trust, company, or individual. S. “Prior Occupancy” means Owner’s use of all or parts of the Project before Substantial Completion, as more fully set forth in Section 6.8 A. T. “Progress Schedule” means a schedule of the Work, in a form satisfactory to Owner, as further set forth in Section 3.2. U. “Project” means the total construction of which the Work performed in accordance with the Contract Documents may be the whole or a part and which may include construction by Owner or by separate contractors. AGENDA ITEM #7. g) 00 72 00 – PAGE 6 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS V. “Project Record” means the separate set of Drawings and Specifications as further set forth in paragraph 4.2. W. “Schedule of Values” means a written breakdown allocating the total Contract Sum to each principal category of Work, in such detail as requested by Owner. X. “Specifications” are that portion of the Contract Documents consisting of the written requirements for materials, equipment, construction systems, standards and workmanship for the Work, and performance of related services. Y. “Subcontract” means a contract entered into by Subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind for or in connection with the Work. Z. “Subcontractor” means any person, other than Contractor, who agrees to furnish or furnishes any supplies, materials, equipment, or services of any kind in connection with the Work. AA. “Substantial Completion” means that stage in the progress of the Work when the construction is sufficiently complete, as more fully set forth in Section 6.7. AB. “Work” means the construction and services required by the Contract Documents, and includes, but is not limited to, labor, materials, supplies, equipment, services, permits, and the manufacture and fabrication of components, performed, furnished, or provided in accordance with the Contract Documents. 1.2 ORDER OF PRECEDENCE Any conflict or inconsistency in the Contract Documents shall be resolved by giving the documents precedence in the following order: 1. Signed Agreement, including any Change Orders. 2. Supplemental Conditions. 3. Modifications to the General Conditions. 4. General Conditions. 5. Specifications. Provisions in Division 1 shall take precedence over provisions of any other Division. AGENDA ITEM #7. g) 00 72 00 – PAGE 7 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 6. Drawings. In case of conflict within the Drawings, large scale drawings shall take precedence over small scale drawings. 7. Signed and Completed Bid Form. 8. Instructions to Bidders. 9. Advertisement for Bids. 1.3 EXECUTION AND INTENT 1. Contractor Representations: Contractor makes the following representations to Owner: 2. Contract Sum reasonable: The Contract Sum is reasonable compensation for the Work and the Contract Time is adequate for the performance of the Work, as represented by the Contract Documents; 3. Contractor familiar with project: Contractor has carefully reviewed the Contract Documents, visited and examined the Project site, become familiar with the local conditions in which the Work is to be performed, and satisfied itself as to the nature, location, character, quality and quantity of the Work, the labor, materials, equipment, goods, supplies, work, services and other items to be furnished and all other requirements of the Contract Documents, as well as the surface and subsurface conditions, and other matters that may be encountered at the Project site or affect performance of the Work or the cost or difficulty thereof; 4. Contractor financially capable: Contractor is financially solvent, able to pay its debts as they mature, and possesses sufficient working capital to complete the Work and perform Contractor’s obligations required by the Contract Documents; and 5. Contractor can complete Work: Contractor is able to furnish the plant, tools, materials, supplies, equipment and labor required to complete the Work and perform the obligations required by the Contract Documents and has sufficient experience and competence to do so. PART 2 – INSURANCE AND BONDS 2.1 CONTRACTOR’S LIABILITY INSURANCE General insurance requirements: Prior to commencement of the Work, Contractor shall AGENDA ITEM #7. g) 00 72 00 – PAGE 8 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS obtain all the insurance required by the Contract Documents and provide evidence satisfactory to Owner that such insurance has been procured. Review of the Contractor’s insurance by Owner shall not relieve or decrease the liability of Contractor. Companies writing the insurance to be obtained by this part shall be licensed to do business under Chapter 48 RCW or comply with the Surplus Lines Law of the City of Renton. Contractor shall include in its bid the cost of all insurance and bond costs required to complete the base bid work and accepted alternates. Insurance carriers providing insurance in accordance with the Contract Documents shall be acceptable to Owner. A. Term of insurance coverage: Contractor shall maintain the following insurance coverage during the Work and for one year after Final Acceptance, with the exception of Professional Liability insurance, when required, which shall be maintained for a minimum of three years. Contractor shall also maintain the following insurance coverage during the performance of any corrective Work required by Section 5.16. 1. Commercial General Liability Insurance: Commercial General Liability (CGL) on an Occurrence Form. Coverage shall include, but not be limited to: a. Completed operations/products liability; b. Explosion, collapse, and underground, when applicable to the work being performed; and c. Stop loss coverage applicable to the State of Washington. 2. Commercial Automobile Liability Insurance: Required if a commercial vehicle will be used in performance of work or delivery of products by the contractor, beyond normal commutes. 3. Professional Liability: Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the Owner and if those professional services are excluded from the CGL policy. Coverage may be on a Claims Made basis, if coverage is maintain at least 3‐years beyond the conclusion of work. 4. Excess Liability or Umbrella: Required if needed to reach minimum CGL or auto liability coverage limits. 5. Builders Risk: When applicable to the work being performed, is required up to the amount of the completed value of a new building or major construction project, with no coinsurance provisions. See section 2.6. AGENDA ITEM #7. g) 00 72 00 – PAGE 9 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 6. Pollution Liability: Required if work involves a pollution risk to the environment. Coverage may be included in other required policies. B. Industrial Insurance compliance (Workers’ Compensation): Contractor shall comply with the Washington State Industrial Insurance Act and, if applicable, the Federal Longshoremen’s and Harbor Workers’ Act and the Jones Act. C. Insurance to protect for the following: All insurance coverages shall protect against claims for damages for personal and bodily injury or death, as well as claims for property damage, which may arise from operations in connection with the Work whether such operations are by Contractor or any Subcontractor. D. Owner as Additional Insured: Name the City of Renton as a Primary and Non‐ contributory Additional Insured on the policy (only applies to Commercial General, Auto Liability, and Excess/Umbrella, when applicable). E. Insurance certificate requirements and minimum limits may be waived or modified by the Risk Manager or with Risk Manager approval. 2.2 COVERAGE LIMITS Insurance amounts: The minimum coverage limits shall be as follows for applicable required insurance: A. Limits of General Liability shall not be less than $1,000,000 per each Occurrence; including Personal Injury and Advertising Liability for Each Occurence and $2,000,000 Annual Aggregate. B. $1,000,000 Combined Single Limit for Automobile Bodily Injury and Property Damage Liability, Each Accident or Loss. C. $1,000,000 for Professional Liability. D. $1,000,000 for Pollution Liability. E. The Owner does not represent that the minimum required insurance coverage or limits AGENDA ITEM #7. g) 00 72 00 – PAGE 10 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS are adequate to protect the vendor/contractor/consultant from all liabilities. 2.3 INSURANCE COVERAGE CERTIFICATES A. Certificate required: Prior to commencement of the Work, Contractor shall furnish to Owner a completed and acceptable certificate of insurance coverage showing all required insurance coverage. B. List Project info: All insurance certificates shall name Owner as the certificate holder. The certificate holder should read: CITY OF RENTON ATTN: KELSEY TERNES, RISK MANAGER 1055 SOUTH GRADY WAY, RENTON, WA 98057 C. Cancellation provisions: The Owner shall be provided with written notice of any policy cancellation within a minimum of two (2) business days of receipt of such notice by the policy holder. 2.4 PAYMENT AND PERFORMANCE BONDS Conditions for bonds: Payment and performance bonds for 100% of the Contract Award Amount, plus state sales tax, shall be furnished for the Work, using the City of Renton Contract Bond Form provided. Prior to execution of a Change Order that, cumulatively with previous Change Orders, increases the Contract Award Amount by 15% or more, the Contractor shall provide either new payment and performance bonds for the revised Contract Sum, or riders to the existing payment and performance bonds increasing the amount of the bonds. The Contractor shall likewise provide additional bonds or riders when subsequent Change Orders increase the Contract Sum by 15% or more. No payment or performance bond is required if the Contract Sum is $35,000 or less and Contractor agrees that Owner may, in lieu of the bond, retain 50% of the Contract Sum for the period allowed by RCW 39.08.010. 2.5 ALTERNATIVE SURETY When alternative surety is required: Contractor shall promptly furnish payment and performance bonds from an alternative surety as required to protect Owner and persons AGENDA ITEM #7. g) 00 72 00 – PAGE 11 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS supplying labor or materials required by the Contract Documents if: A. Owner has a reasonable objection to the surety; or B. Any surety fails to furnish reports on its financial condition if required by Owner. 2.6 BUILDER’S RISK A. Contractor to buy Builders Risk Insurance: When the project involves substantial new building construction, as determined by the Owner, Contractor shall purchase and maintain Builders Risk insurance in the amount of the Contract Sum including all Change Orders for the Work on a replacement cost basis until Substantial Completion. For projects not involving New Building Construction, “Installation Floater” is an acceptable substitute for the Builder’s Risk Insurance. The insurance shall cover the interest of Owner, Contractor, and any Subcontractors, as their interests may appear. B. Losses covered: Contractor property insurance shall be placed on an “all risk” basis and insure against the perils of fire and extended coverage and physical loss or damage including theft, vandalism, malicious mischief, collapse, false work, temporary buildings, debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for A/E’s services and expenses required as a result of an insured loss. C. Waiver of subrogation rights: Owner and Contractor waive all subrogation rights against each other, any Subcontractors, A/E, A/E’s sub‐consultants, separate contractors, if any, and any of their subcontractors, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this section or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by Owner as fiduciary. The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged. PART 3 – TIME AND SCHEDULE 3.1 PROGRESS AND COMPLETION AGENDA ITEM #7. g) 00 72 00 – PAGE 12 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS Contractor to meet schedule: Contractor shall diligently prosecute the Work, with adequate forces, achieve Substantial Completion within the Contract Time, and achieve Final Completion within a reasonable period thereafter. 3.2 CONSTRUCTION SCHEDULE A. Preliminary Progress Schedule: Unless otherwise provided in Division 1, Contractor shall, within fourteen (14) calendar Days after issuance of the Notice to Proceed, submit a preliminary Progress Schedule. The Progress Schedule shall show the sequence in which Contractor proposes to perform the Work, and the dates on which Contractor plans to start and finish major portions of the Work, including dates for shop drawings and other submittals, and for acquiring materials and equipment. 1. The Schedule Duration shall be based on the Contract Time of Completion listed on the Bid Form. The Owner shall not be obligated to accept any Early Completion Schedule suggested by the Contractor. The Contract Time for Completion shall establish the Schedule Completion Date. 2. If the Contractor feels that the work can be completed in less than the Specified Contract Time, then the Surplus Time shall be considered Project Float. This Float time shall be shown on the Project Schedule. It shall be available to accommodate changes in the work and unforeseen conditions. Neither the Contractor nor the Owner have exclusive right to this Float Time. It belongs to the project. 3. Form of Progress Schedule: Unless otherwise provided in Division 1, the Progress Schedule shall be in the form of a bar chart, or a critical path method analysis, as specified by Owner. The preliminary Progress Schedule may be general, showing the major portions of the Work, with a more detailed Progress Schedule submitted as directed by Owner. 4. Owner comments on Progress Schedule: Owner shall return comments on the preliminary Progress Schedule to Contractor within 14 calendar Days of receipt. Review by Owner of Contractor’s schedule does not constitute an approval or acceptance of Contractor’s construction means, methods, or sequencing, or its ability to complete the Work within the Contract Time. Contractor shall revise and resubmit its schedule, as necessary. Owner may withhold a portion of progress payments until a Progress Schedule has been submitted which meets the requirements of this section. 5. Monthly updates and compliance with Progress Schedule: Contractor shall utilize and comply with the Progress Schedule. On a monthly basis, or as otherwise directed by Owner, Contractor shall submit an updated Progress Schedule at its AGENDA ITEM #7. g) 00 72 00 – PAGE 13 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS own expense to Owner indicating actual progress. If, in the opinion of Owner, Contractor is not in conformance with the Progress Schedule for reasons other than acts of Force Majeure as identified in Section 3.5, Contractor shall take such steps as are necessary to bring the actual completion dates of its work activities into conformance with the Progress Schedule, and if directed by Owner, Contractor shall submit a corrective action plan or revise the Progress Schedule to reconcile with the actual progress of the Work. 6. Contractor to notify Owner of delays: Contractor shall promptly notify Owner in writing of any actual or anticipated event which is delaying or could delay achievement of any milestone or performance of any critical path activity of the Work. Contractor shall indicate the expected duration of the delay, the anticipated effect of the delay on the Progress Schedule, and the action being or to be taken to correct the problem. Provision of such notice does not relieve Contractor of its obligation to complete the Work within the Contract Time. 3.3 OWNER’S RIGHT TO SUSPEND THE WORK FOR CONVENIENCE A. Owner may suspend Work: Owner may, at its sole discretion, order Contractor, in writing, to suspend all or any part of the Work for up to 90 Days, or for such longer period as mutually agreed. B. Compliance with suspension; Owner’s options: Upon receipt of a written notice suspending the Work, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of cost of performance directly attributable to such suspension. Within a period up to 90 Days after the notice is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, Owner shall either: 1. Cancel the written notice suspending the Work; or 2. Terminate the Work covered by the notice as provided in the termination provisions of Part 9. C. Resumption of Work: If a written notice suspending the Work is cancelled or the period of the notice or any extension thereof expires, Contractor shall resume Work. D. Equitable Adjustment for suspensions: Contractor shall be entitled to an equitable adjustment in the Contract Time, or Contract Sum, or both, for increases in the time or cost of performance directly attributable to such suspension, provided Contractor complies with all requirements set forth in Part 7. AGENDA ITEM #7. g) 00 72 00 – PAGE 14 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 3.4 OWNER’S RIGHT TO STOP THE WORK FOR CAUSE A. Owner may stop Work for Contractor’s failure to perform: If Contractor fails or refuses to perform its obligations in accordance with the Contract Documents, Owner may order Contractor, in writing, to stop the Work, or any portion thereof, until satisfactory corrective action has been taken. B. No Equitable Adjustment for Contractor’s failure to perform: Contractor shall not be entitled to an equitable adjustment in the Contract Time or Contract Sum for any increased cost or time of performance attributable to Contractor’s failure or refusal to perform or from any reasonable remedial action taken by Owner based upon such failure. 3.5 DELAY A. Force Majeure actions not a default; Force Majeure defined: Any delay in or failure of performance by Owner or Contractor, other than the payment of money, shall not constitute a default hereunder if and to the extent the cause for such delay or failure of performance was unforeseeable and beyond the control of the party (“Force Majeure”). Acts of Force Majeure include, but are not limited to: 1. Acts of God or the public enemy; 2. Acts or omissions of any government entity; 3. Fire or other casualty for which Contractor is not responsible; 4. Quarantine or epidemic; 5. Strike or defensive lockout; 6. Unusually severe weather conditions which could not have been reasonably anticipated; and 7. Unusual delay in receipt of supplies or products which were ordered and expedited and for which no substitute reasonably acceptable to Owner was available. B. Contract Time adjustment for Force Majeure: Contractor shall be entitled to an equitable adjustment in the Contract Time for changes in the time of performance directly attributable to an act of Force Majeure, provided it makes a request for equitable adjustment according to Section 7.3. Contractor shall not be entitled to an adjustment in the Contract Sum resulting from an act of Force Majeure. C. Contract Time or Contract Sum adjustment if Owner at fault: Contractor shall be AGENDA ITEM #7. g) 00 72 00 – PAGE 15 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS entitled to an equitable adjustment in Contract Time, and may be entitled to an equitable adjustment in Contract Sum, if the cost or time of Contractor’s performance is changed due to the fault or negligence of Owner, provided the Contractor makes a request according to Sections 7.2 and 7.3. D. No Contract Time or Contract Sum adjustment if Contractor at fault: Contractor shall not be entitled to an adjustment in Contract Time or in the Contract Sum for any delay or failure of performance to the extent such delay or failure was caused by Contractor or anyone for whose acts Contractor is responsible. E. Contract Time adjustment only for concurrent fault: To the extent any delay or failure of performance was concurrently caused by the Owner and Contractor, Contractor shall be entitled to an adjustment in the Contract Time for that portion of the delay or failure of performance that was concurrently caused, provided it makes a request for equitable adjustment according to Section 7.3, but shall not be entitled to an adjustment in Contract Sum. F. Contractor to mitigate delay impacts: Contractor shall make all reasonable efforts to prevent and mitigate the effects of any delay, whether occasioned by an act of Force Majeure or otherwise. 3.6 NOTICE TO OWNER OF LABOR DISPUTES A. Contractor to notify Owner of labor disputes: If Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay timely performance in accordance with the Contract Documents, Contractor shall immediately give notice, including all relevant information, to Owner. B. Pass through notification provisions to Subcontractors: Contractor agrees to insert a provision in its Subcontracts and to require insertion in all sub‐subcontracts, that in the event timely performance of any such contract is delayed or threatened by delay by any actual or potential labor dispute, the Subcontractor or Sub‐subcontractor shall immediately notify the next higher tier Subcontractor or Contractor, as the case may be, of all relevant information concerning the dispute. 3.7 DAMAGES FOR FAILURE TO ACHIEVE TIMELY COMPLETION A. Liquidated Damages 1. Reason for Liquidated Damages: Timely performance and completion of the Work is essential to Owner and time limits stated in the Contract Documents are of the essence. Owner will incur serious and substantial damages if Substantial AGENDA ITEM #7. g) 00 72 00 – PAGE 16 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS Completion of the Work does not occur within the Contract Time. However, it would be difficult if not impossible to determine the exact amount of such damages. Consequently, provisions for liquidated damages are included in the Contract Documents. 2. Calculation of Liquidated Damages amount: The liquidated damage amounts set forth in the Contract Documents will be assessed not as a penalty, but as liquidated damages for breach of the Contract Documents. This amount is fixed and agreed upon by and between the Contractor and Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain. This amount shall be construed as the actual amount of damages sustained by the Owner, and may be retained by the Owner and deducted from periodic payments to the Contractor. 3. Contractor responsible even if Liquidated Damages assessed: Assessment of liquidated damages shall not release Contractor from any further obligations or liabilities pursuant to the Contract Documents. B. Actual Damages Calculation of Actual Damages: Actual damages will be assessed for failure to achieve Final Completion within the time provided. Actual damages will be calculated on the basis of direct architectural, administrative, and other related costs attributable to the Project from the date when Final Completion should have been achieved, based on the date Substantial Completion is actually achieved, to the date Final Completion is actually achieved. Owner may offset these costs against any payment due Contractor. PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS 4.1 DISCREPANCIES AND CONTRACT DOCUMENT REVIEW A. Specifications and Drawings are basis of the Work: The intent of the Specifications and Drawings is to describe a complete Project to be constructed in accordance with the Contract Documents. Contractor shall furnish all labor, materials, equipment, tools, transportation, permits, and supplies, and perform the Work required in accordance with the Drawings, Specifications, and other provisions of the Contract Documents. B. Parts of the Contract Documents are complementary: The Contract Documents are complementary. What is required by one part of the Contract Documents shall be binding as if required by all. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings and not mentioned in the Specifications, shall be of like effect as if shown or mentioned in both. AGENDA ITEM #7. g) 00 72 00 – PAGE 17 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS C. Contractor to report discrepancies in Contract Documents: Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by Owner. If, during the performance of the Work, Contractor finds a conflict, error, inconsistency, or omission in the Contract Documents, it shall promptly and before proceeding with the Work affected thereby, report such conflict, error, inconsistency, or omission to Owner in writing. D. Contractor knowledge of discrepancy in documents – responsibility: Contractor shall do no Work without applicable Drawings, Specifications, or written modifications, or Shop Drawings where required, unless instructed to do so in writing by Owner. If Contractor performs any construction activity, and it knows or reasonably should have known that any of the Contract Documents contain a conflict, error, inconsistency, or omission, Contractor shall be responsible for the performance and shall bear the cost for its correction. E. Contractor to perform Work implied by Contract Documents: Contractor shall provide any work or materials the provision of which is clearly implied and is within the scope of the Contract Documents even if the Contract Documents do not mention them specifically. F. Interpretation questions referred to Owner: Questions regarding interpretation of the requirements of the Contract Documents shall be referred to the Owner. 4.2 PROJECT RECORD A. Contractor to maintain Project Record Drawings and Specifications: Contractor shall legibly mark in ink on a separate set of the Drawings and Specifications all actual construction, including horizontal and vertical locations of sub‐structural materials referenced to permanent visible and accessible surface improvements, field changes of dimensions and details, actual suppliers, manufacturers and trade names, models of installed equipment, and Change Order Proposals (COP). This separate set of Drawings and Specifications shall be the “Project Record.” B. Update Project Record weekly and keep on site: The Project Record shall be maintained on the project site throughout the construction and shall be clearly labeled “PROJECT RECORD.” The Project Record shall be updated at least weekly noting all changes and shall be available to Owner at all times. C. Final Project Record to Owner before Final Acceptance: Contractor shall submit the completed and finalized Project Record to Owner prior to Final Acceptance AGENDA ITEM #7. g) 00 72 00 – PAGE 18 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 4.3 SHOP DRAWINGS A. Definition of Shop Drawings: “Shop Drawings” means documents and other information required to be submitted to Owner by Contractor pursuant to the Contract Documents, showing in detail: the proposed fabrication and assembly of structural elements; and the installation (i.e. form, fit, and attachment details) of materials and equipment. Shop Drawings include, but are not limited to, drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, samples, and similar materials furnished by Contractor to explain in detail specific portions of the Work required by the Contract Documents. For materials and equipment to be incorporated into the Work, Contractor submittal shall include the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the item. When directed, Contractor shall submit all samples at its own expense. Owner may duplicate, use, and disclose Shop Drawings provided in accordance with the Contract Documents. B. Approval of Shop Drawings by Contractor and A/E: Contractor shall coordinate all Shop Drawings, and review them for accuracy, completeness, and compliance with the Contract Documents and shall indicate its approval thereon as evidence of such coordination and review. Where required by law, Shop Drawings shall be stamped by an appropriate professional licensed by the City of Renton. Shop Drawings submitted to A/E without evidence of Contractor’s approval shall be returned for resubmission. Contractor shall review, approve, and submit Shop Drawings with reasonable promptness and in such sequence as to cause no delay in the Work or in the activities of Owner or separate contractors. Contractor’s submittal schedule shall allow a reasonable time for A/E review. A/E will review, approve, or take other appropriate action on the Shop Drawings. Contractor shall perform no portion of the Work requiring submittal and review of Shop Drawings until the respective submittal has been reviewed and the A/E has approved or taken other appropriate action. A/E shall respond to Shop Drawing submittals with reasonable promptness. Any Work by Contractor shall be in accordance with reviewed Shop Drawings. Submittals made by Contractor which are not required by the Contract Documents may be returned without action. C. Contractor not relieved of responsibility when Shop Drawings approved: Approval, or other appropriate action with regard to Shop Drawings, A/E shall not relieve Contractor of responsibility for any errors or omissions in such Shop Drawings, nor from responsibility for compliance with the requirements of the Contract Documents. Unless specified in the Contract Documents, review by A/E shall not constitute an approval of the safety precautions employed by Contractor during construction, or constitute an approval of Contractor’s means or methods of construction. If Contractor fails to obtain approval before installation and the item or work is subsequently rejected, Contractor shall be responsible for all costs of correction. AGENDA ITEM #7. g) 00 72 00 – PAGE 19 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS D. Variations between Shop Drawings and Contract Documents: If Shop Drawings show variations from the requirements of the Contract Documents, Contractor shall describe such variations in writing, separate from the Shop Drawings, at the time it submits the Shop Drawings containing such variations. If A/E approves any such variation, an appropriate Change Order will be issued. If the variation is minor and does not involve an adjustment in the Contract Sum or Contract Time, a Change Order need not be issued; however, the modification shall be recorded upon the Project Record. E. Contractor to submit electronic files of Shop Drawings: Unless otherwise provided in Division 1, Contractor shall submit to Owner for approval electronic files of all Shop Drawings. Unless otherwise indicated, a reviewed electronic file shall be returned to Contractor. 4.4 ORGANIZATION OF SPECIFICATIONS Specification organization by trade: Specifications are prepared in sections which conform generally to trade practices. These sections are for Owner and Contractor convenience and shall not control Contractor in dividing the Work among the Subcontractors or in establishing the extent of the Work to be performed by any trade. 4.5 OWNERSHIP AND USE OF DRAWINGS, SPECIFICATIONS, AND OTHER DOCUMENTS A. The City/Owner not Contractor, owns Copyright of Drawings and Specifications: The Drawings, Specifications, and other documents prepared by A/E are instruments of A/E’s contracted service to the City through which the Work to be executed by Contractor is described. Neither Contractor nor any Subcontractor shall own or claim a copyright in the Drawings, Specifications, and other documents prepared by A/E, and A/E shall be deemed the author of them and will, along with any rights of Owner, retain all common law, statutory, and other reserved rights, in addition to the copyright. All copies of these documents, except Contractor’s set, shall be returned or suitably accounted for to A/E, on request, upon completion of the Work. B. Drawings and Specifications to be used only for this Project: The Drawings, Specifications, and other documents prepared by the A/E, and copies thereof furnished to Contractor, are for use solely with respect to this Project. They are not to be used by Contractor or any Subcontractor on other projects or for additions to this Project outside the scope of the Work without the specific written consent of Owner and A/E. Contractor and Subcontractors are granted a limited license to use and reproduce applicable portions of the Drawings, Specifications, and other documents prepared by A/E appropriate to and for use in the execution of their Work. AGENDA ITEM #7. g) 00 72 00 – PAGE 20 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS C. Shop Drawing license granted to Owner: Contractor and all Subcontractors grant a non‐ exclusive license to Owner, without additional cost or royalty, to use for its own purposes (including reproduction) all Shop Drawings, together with the information and diagrams contained therein, prepared by Contractor or any Subcontractor. In providing Shop Drawings, Contractor and all Subcontractors warrant that they have authority to grant to Owner a license to use the Shop Drawings, and that such license is not in violation of any copyright or other intellectual property right. Contractor agrees to defend and indemnify Owner pursuant to the indemnity provisions in Section 5.3 and 5.20 from any violations of copyright or other intellectual property rights arising out of Owner’s use of the Shop Drawings hereunder, or to secure for Owner, at Contractor’s own cost, licenses in conformity with this section. D. Shop Drawings to be used only for this Project: The Shop Drawings and other submittals prepared by Contractor, Subcontractors of any tier, or its or their equipment or material suppliers, and copies thereof furnished to Contractor, are for use solely with respect to this Project. They are not to be used by Contractor or any Subcontractor of any tier, or material or equipment supplier, on other projects or for additions to this Project outside the scope of the Work without the specific written consent of Owner. The Contractor, Subcontractors of any tier, and material or equipment suppliers are granted a limited license to use and reproduce applicable portions of the Shop Drawings and other submittals appropriate to and for use in the execution of their Work under the Contract Documents. PART 5 – PERFORMANCE 5.1 CONTRACTOR CONTROL AND SUPERVISION A. Contractor responsible for Means and Methods of construction: Contractor shall supervise and direct the Work, using its best skill and attention, and shall perform the Work in a skillful manner. Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work, unless the Contract Documents give other specific instructions concerning these matters. Contractor shall disclose its means and methods of construction when requested by Owner. B. Competent Superintendent required: Performance of the Work shall be directly supervised by a competent superintendent who has authority to act for Contractor. The superintendent must be satisfactory to the Owner and shall not be changed without the prior written consent of Owner. Owner may require Contractor to remove the superintendent from the Work or Project site, if Owner reasonably deems the superintendent incompetent, careless, or otherwise objectionable, provided Owner has first notified Contractor in writing and allowed a reasonable period for transition. AGENDA ITEM #7. g) 00 72 00 – PAGE 21 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS C. Contractor responsible for acts and omissions of self and agents: Contractor shall be responsible to Owner for acts and omissions of Contractor, Subcontractors, and their employees and agents. D. Contractor to employ competent and disciplined workforce: Contractor shall enforce strict discipline and good order among all of the Contractor’s employees and other persons performing the Work. Contractor shall not permit employment of persons not skilled in tasks assigned to them. Contractor’s employees shall at all times conduct business in a manner which assures fair, equal, and nondiscriminatory treatment of all persons. Owner may, by written notice, request Contractor to remove from the Work or Project site any employee Owner reasonably deems incompetent, careless, or otherwise objectionable. E. Contractor to keep project documents on site: Contractor shall keep on the Project site a copy of the Drawings, Specifications, addenda, reviewed Shop Drawings, and permits and permit drawings. F. Contractor to comply with ethical standards: Contractor shall ensure that its owner(s) and employees, and those of its Subcontractors, comply with the Ethics in Public Service Act RCW 42.52, which, among other things, prohibits state employees from having an economic interest in any public works contract that was made by, or supervised by, that employee. Contractor shall remove, at its sole cost and expense, any of its, or its Subcontractors’ employees, if they are in violation of this act. 5.2 PERMITS, FEES, AND NOTICES A. Permits: Owner will obtain and pay for the Land Use Permit, General Building Permit, Civil Construction Permit and Signage permit. All other permits and fees required to execute the work shall be obtained and paid for by the Contractor. Prior to Final Acceptance, the approved, signed permits shall be delivered to Owner. B. Contractor to comply with all applicable laws: Contractor shall comply with and give notices required by all federal, state, and local laws, ordinances, rules, regulations, and lawful orders of public authorities applicable to performance of the Work. 5.3 PATENTS AND ROYALTIES Payment, indemnification, and notice: Contractor is responsible for, and shall pay, all royalties and license fees. Contractor shall defend, indemnify, and hold Owner harmless from any costs, expenses, and liabilities arising out of the infringement by Contractor of any patent, copyright, or other intellectual property right used in the Work; however, provided that Contractor gives prompt notice, Contractor shall not be responsible for such defense or AGENDA ITEM #7. g) 00 72 00 – PAGE 22 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS indemnity when a particular design, process, or product of a particular manufacturer or manufacturers is required by the Contract Documents. If Contractor has reason to believe that use of the required design, process, or product constitutes an infringement of a patent or copyright, it shall promptly notify Owner of such potential infringement. 5.4 PREVAILING WAGES A. Contractor to pay Prevailing Wages: Contractor shall pay the prevailing rate of wages to all workers, laborers, or mechanics employed in the performance of any part of the Work in accordance with RCW 39.12 and the rules and regulations of the Washington Department of Labor and Industries or the federal Davis‐Bacon Act Prevailing Wage Rates, as amended (40 U.S.C. 3141 – 3148); whichever is the greater. The schedule of prevailing wage rates for the locality or localities of the Work, is determined by the Industrial Statistician of the Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this public works project, which is in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates. Pursuant to WAC 296‐127‐011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date final bid proposals for the services were due to be submitted. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified in the solicitation for bids. B. Statement of Intent to Pay Prevailing Wages: Before payment is made by the Owner to the Contractor for any work performed by the Contractor and subcontractors whose work is included in the application for payment, the Contractor shall submit, or shall have previously submitted to the Owner for the Project, a Statement of Intent to Pay Prevailing Wages, approved by the Department of Labor and Industries, certifying the rate of hourly wage paid and to be paid each classification of laborers, workers, or mechanics employed upon the Work by Contractor and Subcontractors. Such rates of hourly wage shall not be less than the prevailing wage rate. C. Affidavit of Wages Paid: Prior to release of retainage, the Contractor shall submit to the Owner an Affidavit of Wages Paid, approved by the Department of Labor and Industries, for the Contractor and every subcontractor, of any tier, that performed work on the Project. D. Disputes: Disputes regarding prevailing wage rates shall be referred for arbitration to AGENDA ITEM #7. g) 00 72 00 – PAGE 23 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS the Director of the Department of Labor and Industries. The arbitration decision shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39.12.060. E. Statement with pay application; Post Statements of Intent at job site: Each Application for Payment submitted by Contractor shall state that prevailing wages have been paid in accordance with the pre‐filed statement(s) of intent, as approved. Copies of the approved intent statement(s) shall be posted on the job site with the address and telephone number of the Industrial Statistician of the Department of Labor and Industries where a complaint or inquiry concerning prevailing wages may be made. F. Contractor to pay for Statements of Intent and Affidavits: In compliance with chapter 296‐127 WAC, Contractor shall pay to the Department of Labor and Industries the currently established fee(s) for each statement of intent and/or affidavit of wages paid submitted to the Department of Labor and Industries for certification. G. Certified Payrolls: Consistent with WAC 296‐127‐320, the Contractor and any subcontractor shall submit a certified copy of payroll records if requested. 5.5 HOURS OF LABOR A. Overtime: Contractor shall comply with all applicable provisions of RCW 49.28 and they are incorporated herein by reference. Pursuant to that statute, no laborer, worker, or mechanic employed by Contractor, any Subcontractor, or any other person performing or contracting to do the whole or any part of the Work, shall be permitted or required to work more than eight hours in any one calendar day, provided, that in cases of extraordinary emergency, such as danger to life or property, the hours of work may be extended, but in such cases the rate of pay for time employed in excess of eight hours of each calendar day shall be not less than one and one‐half times the rate allowed for this same amount of time during eight hours of service. B. 4‐10 Agreements: Notwithstanding the preceding paragraph, RCW 49.28 permits a contractor or subcontractor in any public works contract subject to those provisions, to enter into an agreement with its employees in which the employees work up to ten hours in a calendar day. No such agreement may provide that the employees work ten‐ hour days for more than four calendar days a week. Any such agreement is subject to approval by the employees. The overtime provisions of RCW 49.28 shall not apply to the hours, up to forty hours per week, worked pursuant to any such agreement. AGENDA ITEM #7. g) 00 72 00 – PAGE 24 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.6 NONDISCRIMINATION A. Discrimination prohibited by applicable laws: The Contractor and all Subcontractors shall comply with all applicable federal and state non‐discrimination laws, regulations, and policies and the City of Renton Summary of Fair Practices Policy Adopted by Resolution 4085. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. B. During performance of the Work: 1. Protected Classes: Contractor shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, age, marital status, or the presence of any physical, sensory, or mental disability, Vietnam era veteran status, or disabled veteran status, nor commit any other unfair practices as defined in RCW 49.60. 2. Advertisements to state nondiscrimination: Contractor shall, in all solicitations or advertisements for employees placed by or for it, state that all qualified applicants will be considered for employment, without regard to race, creed, color, national origin, sex, age, marital status, or the presence of any physical, sensory, or mental disability. 3. Contractor to notify unions and others of nondiscrimination: Contractor shall send to each labor union, employment agency, or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising the labor union, employment agency, or workers’ representative of Contractor’s obligations according to the Contract Documents and RCW 49.60. 4. Owner and State access to Contractor records: Contractor shall permit access to its books, records, and accounts, and to its premises by Owner, and by the Washington State Human Rights Commission, for the purpose of investigation to ascertain compliance with this section of the Contract Documents. 5. Pass through provisions to Subcontractors: Contractor shall include the provisions of this section in every Subcontract. AGENDA ITEM #7. g) 00 72 00 – PAGE 25 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.7 SAFETY PRECAUTIONS A. In performing this contract, the Contractor shall provide for protecting the lives and health of employees and other persons; preventing damage to property, materials, supplies, and equipment; and avoid work interruptions. For these purposes, the Contractor shall: 1. Follow Washington Industrial Safety and Health Act (WISHA) regional directives and provide a site‐specific safety program that will require an accident prevention and hazard analysis plan for the contractor and each subcontractor on the work site. The Contractor shall submit a site‐specific safety plan to the Owner’s representative prior to the initial scheduled construction meeting. 2. Provide adequate safety devices and measures including, but not limited to, the appropriate safety literature, notice, training, permits, placement and use of barricades, signs, signal lights, ladders, scaffolding, staging, runways, hoist, construction elevators, shoring, temporary lighting, grounded outlets, wiring, hazardous materials, vehicles, construction processes, and equipment required by all applicable state, federal, and local laws and regulations. 3. Comply with the State Environmental Policy Act (SEPA), Clean Air Act, Shoreline Management Act, and other applicable federal, state, and local statutes and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources. 4. Post all permits, notices, and/or approvals in a conspicuous location at the construction site. B. Provide any additional measures that the Owner determines to be reasonable and necessary for ensuring a safe environment in areas open to the public. Nothing in this part shall be construed as imposing a duty upon the Owner or A/E to prescribe safety conditions relating to employees, public, or agents of the Contractors. C. Contractor safety responsibilities: In carrying out its responsibilities according to the Contract Documents, Contractor shall protect the lives and health of employees performing the Work and other persons who may be affected by the Work; prevent damage to materials, supplies, and equipment whether on site or stored off‐site; and prevent damage to other property at the site or adjacent thereto. Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss; shall erect and maintain all necessary safeguards AGENDA ITEM #7. g) 00 72 00 – PAGE 26 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS for such safety and protection; and shall notify owners of adjacent property and utilities when prosecution of the Work may affect them. D. Contractor to maintain safety records: Contractor shall maintain an accurate record of exposure data on all incidents relating to the Work resulting in death, traumatic injury, occupational disease, or damage to property, materials, supplies, or equipment. Contractor shall immediately report any such incident to Owner. Owner shall, at all times, have a right of access to all records of exposure. E. Contractor to provide HazMat training: Contractor shall provide all persons working on the Project site with information and training on hazardous chemicals in their work at the time of their initial assignment, and whenever a new hazard is introduced into their work area. 1. Information. At a minimum, Contractor shall inform persons working on the Project site of: a. WAC: The requirements of chapter 296‐62 WAC, General Occupational Health Standards; b. Presence of hazardous chemicals: Any operations in their work area where hazardous chemicals are present; and c. Hazard communications program: The location and availability of written hazard communication programs, including the required list(s) of hazardous chemicals and material safety data sheets required by chapter 296‐62 WAC. 2. Training. At a minimum, Contractor shall provide training for persons working on the Project site which includes: a. Detecting hazardous chemicals: Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.); b. Hazards of chemicals: The physical and health hazards of the chemicals in the work area; c. Protection from hazards: The measures such persons can take to protect themselves from these hazards, including specific procedures Contractor, or its Subcontractors, or others have implemented to protect those on the Project site from exposure to hazardous chemicals, such as appropriate work practices, AGENDA ITEM #7. g) 00 72 00 – PAGE 27 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS emergency procedures, and personal protective equipment to be used; and d. Hazard communications program: The details of the hazard communications program developed by Contractor, or its Subcontractors, including an explanation of the labeling system and the material safety data sheet, and how employees can obtain and use the appropriate hazard information. F. Hazardous, toxic or harmful substances: Contractor’s responsibility for hazardous, toxic, or harmful substances shall include the following duties: 1. Illegal use of dangerous substances: Contractor shall not keep, use, dispose, transport, generate, or sell on or about the Project site, any substances now or hereafter designated as, or which are subject to regulation as, hazardous, toxic, dangerous, or harmful by any federal, state or local law, regulation, statute or ordinance (hereinafter collectively referred to as “hazardous substances”), in violation of any such law, regulation, statute, or ordinance, but in no case shall any such hazardous substance be stored more than 90 Days on the Project site. 2. Contractor notifications of spills, failures, inspections, and fines: Contractor shall promptly notify Owner of all spills or releases of any hazardous substances which are otherwise required to be reported to any regulatory agency and pay the cost of cleanup. Contractor shall promptly notify Owner of all failures to comply with any federal, state, or local law, regulation, or ordinance; all inspections of the Project site by any regulatory entity concerning the same; all regulatory orders or fines; and all responses or interim cleanup actions taken by or proposed to be taken by any government entity or private party on the Project site. G. Public safety and traffic: All Work shall be performed with due regard for the safety of the public. Contractor shall perform the Work so as to cause a minimum of interruption of vehicular traffic or inconvenience to pedestrians. All arrangements to care for such traffic shall be Contractor’s responsibilities. All expenses involved in the maintenance of traffic by way of detours shall be borne by Contractor. H. Contractor to act in an emergency: In an emergency affecting the safety of life or the Work or of adjoining property, Contractor is permitted to act, at its discretion, to prevent such threatened loss or injury, and Contractor shall so act if so authorized or instructed. I. No duty of safety by Owner or A/E: Nothing provided in this section shall be construed as imposing any duty upon Owner or A/E with regard to, or as constituting any express or implied assumption of control or responsibility over, Project site safety, or over any other safety conditions relating to employees or agents of Contractor or any of its Subcontractors, or the public. AGENDA ITEM #7. g) 00 72 00 – PAGE 28 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.8 OPERATIONS, MATERIAL HANDLING, AND STORAGE AREAS A. Limited storage areas: Contractor shall confine all operations, including storage of materials, to Owner‐approved areas. B. Temporary buildings and utilities at Contractor expense: Temporary buildings (e.g., storage sheds, shops, offices) and utilities may be provided by Contractor only with the consent of Owner and without expense to Owner. The temporary buildings and utilities shall be removed by Contractor at its expense upon completion of the Work. C. Roads and vehicle loads: Contractor shall use only established roadways or temporary roadways authorized by Owner. When materials are transported in prosecuting the Work, vehicles shall not be loaded beyond the loading capacity recommended by the manufacturer of the vehicle or prescribed by federal, state, or local law or regulation. D. Ownership and reporting by Contractor of demolished materials: Ownership and control of all materials or facility components to be demolished or removed from the Project site by Contractor shall immediately vest in Contractor upon severance of the component from the facility or severance of the material from the Project site. Contractor shall be responsible for compliance with all laws governing the storage and ultimate disposal. Contractor shall provide Owner with a copy of all manifests and receipts evidencing proper disposal when required by Owner or applicable law. E. Contractor responsible for care of materials and equipment on‐site: Contractor shall be responsible for the proper care and protection of its materials and equipment delivered to the Project site. Materials and equipment may be stored on the premises subject to approval of the Owner. When Contractor uses any portion of the Project site as a shop, Contractor shall be responsible for any repairs, patching, or cleaning arising from such use. F. Contractor responsible for loss of materials and equipment: Contractor shall protect and be responsible for any damage or loss to the Work, or to the materials or equipment until the date of Substantial Completion, and shall repair or replace without cost to Owner any damage or loss that may occur, except damages or loss caused by the acts or omissions of Owner. Contractor shall also protect and be responsible for any damage or loss to the Work, or to the materials or equipment, after the date of Substantial Completion, and shall repair or replace without cost to Owner any such damage or loss that might occur, to the extent such damages or loss are caused by the acts or omissions of Contractor, or any Subcontractor. AGENDA ITEM #7. g) 00 72 00 – PAGE 29 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.9 PRIOR NOTICE OF EXCAVATION A. Excavation defined; Use of locator services: “Excavation” means an operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced by any means, except the tilling of soil less than 12 inches in depth for agricultural purposes, or road ditch maintenance that does not change the original road grade or ditch flow line. Before commencing any excavation, Contractor shall provide notice of the scheduled commencement of excavation to all owners of underground facilities or utilities, through locator services. 5.10 UNFORESEEN PHYSICAL CONDITIONS A. Notice requirement for concealed or unknown conditions: If Contractor encounters conditions at the site which are subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then Contractor shall give written notice to Owner promptly and in no event later than 7 Days after the first observance of the conditions. Conditions shall not be disturbed prior to such notice. B. Adjustment in Contract Time and Contract Sum: If such conditions differ materially and cause a change in Contractor’s cost of, or time required for, performance of any part of the Work, the Contractor may be entitled to an equitable adjustment in the Contract Time or Contract Sum, or both, provided it makes a request therefore as provided in Part 7. 5.11 PROTECTION OF EXISTING STRUCTURES, EQUIPMENT, VEGETATION, UTILITIES AND IMPROVEMENTS A. Contractor to protect and repair property: Contractor shall protect from damage all existing structures, equipment, improvements, utilities, and vegetation: at or near the Project site. Contractor shall repair any damage resulting from failure to comply with the requirements of the Contract Documents or failure to exercise reasonable care in performing the Work. If Contractor fails or refuses to repair the damage promptly, Owner may have the necessary work performed and charge the cost to Contractor. 5.12 LAYOUT OF WORK A. Advanced planning of the Work: Contractor shall plan and lay out the Work in AGENDA ITEM #7. g) 00 72 00 – PAGE 30 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS advance of operations so as to coordinate all work without delay or revision. B. Layout responsibilities: Contractor shall lay out the Work from Owner‐established baselines and bench marks indicated on the Drawings, and shall be responsible for all field measurements about the layout. Contractor shall furnish, at its own expense, all stakes, templates, platforms, equipment, tools, materials, and labor required to lay out any part of the Work. Contractor shall be responsible for executing the Work to the lines and grades that may be established. Contractor shall be responsible for maintaining or restoring all stakes and other marks established. 5.13 MATERIAL AND EQUIPMENT A. Contractor to provide new and equivalent equipment and materials: All equipment, material, and articles incorporated into the Work shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in the Contract Documents. References in the Specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard quality and shall not be construed as limiting competition. Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of A/E, is equal to that named in the specifications, unless otherwise specifically provided in the Contract Documents. B. Contractor responsible for fitting parts together: Contractor shall do all cutting, fitting, or patching that may be required to make its several parts fit together properly, or receive or be received by work of others set forth in, or reasonably implied by, the Contract Documents. Contractor shall not endanger any work by cutting, excavating, or otherwise altering the Work and shall not cut or alter the work of any other contractor unless approved in advance by Owner. C. Owner may reject defective Work: Should any of the Work be found defective, or in any way not in accordance with the Contract Documents, this work, in whatever stage of completion, may be rejected by Owner. 5.14 AVAILABILITY AND USE OF UTILITY SERVICES A. Owner to provide and charge for utilities: Owner shall make all reasonable utilities available to Contractor from existing outlets and supplies, as specified in the Contract Documents, at no cost to the Contractor. 5.15 TESTS AND INSPECTION A. Contractor to provide for all testing and inspection of Work: Contractor shall maintain an adequate testing and inspection program and perform such tests and inspections AGENDA ITEM #7. g) 00 72 00 – PAGE 31 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS as are necessary or required to ensure that the Work conforms to the requirements of the Contract Documents. Contractor shall be responsible for inspection and quality surveillance of all its Work and all Work performed by any Subcontractor. Unless otherwise provided, Contractor shall make arrangements for such tests, inspections, and approvals with an independent testing laboratory or entity acceptable to Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections, and approvals. Contractor shall give Owner timely notice of when and where tests and inspections are to be made. Contractor shall maintain complete inspection records and make them available to Owner. B. Owner may conduct tests and inspections: Owner may, at any reasonable time, conduct such inspections and tests as it deems necessary to ensure that the Work is in accordance with the Contract Documents. Owner shall promptly notify Contractor if an inspection or test reveals that the Work is not in accordance with the Contract Documents. Unless the subject items are expressly accepted by Owner, such Owner inspection and tests are for the sole benefit of Owner and do not: 1. Constitute or imply acceptance; 2. Relieve Contractor of responsibility for providing adequate quality control measures; 3. Relieve Contractor of responsibility for risk of loss or damage to the Work, materials, or equipment; 4. Relieve Contractor of its responsibility to comply with the requirements of the Contract Documents; or 5. Impair Owner’s right to reject defective or nonconforming items, or to avail itself of any other remedy to which it may be entitled. C. Inspections or inspectors do not modify Contract Documents: Neither observations by an inspector retained by Owner, the presence or absence of such inspector on the site, nor inspections, tests, or approvals by others, shall relieve Contractor from any requirement of the Contract Documents, nor is any such inspector authorized to change any term or condition of the Contract Documents. D. Contractor responsibilities on inspections: Contractor shall promptly furnish, without additional charge, all facilities, labor, material and equipment reasonably needed for performing such safe and convenient inspections and tests as may be required by Owner. Owner may charge Contractor any additional cost of inspection or testing when Work is not ready at the time specified by Contractor for inspection or testing, or when prior rejection makes re‐inspection or retest necessary. Owner shall perform AGENDA ITEM #7. g) 00 72 00 – PAGE 32 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS its inspections and tests in a manner that will cause no undue delay in the Work. 5.16 CORRECTION OF NONCONFORMING WORK A. Work covered by Contractor without inspection: If a portion of the Work is covered contrary to the requirements in the Contract Documents, it must, if required in writing by Owner, be uncovered for Owner’s observation and be replaced at the Contractor’s expense and without change in the Contract Time. B. Payment provisions for uncovering covered Work: If, at any time prior to Final Completion, Owner desires to examine the Work, or any portion of it, which has been covered, Owner may request to see such Work and it shall be uncovered by Contractor. If such Work is in accordance with the Contract Documents, the Contractor shall be entitled to an adjustment in the Contract Sum for the costs of uncovering and replacement, and, if completion of the Work is thereby delayed, an adjustment in the Contract Time, provided it makes such a request as provided in Part 7. If such Work is not in accordance with the Contract Documents, the Contractor shall pay the costs of examination and reconstruction. C. Contractor to correct and pay for non‐conforming Work: Contractor shall promptly correct Work found by Owner not to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. Contractor shall bear all costs of correcting such nonconforming Work, including additional testing and inspections. D. Contractor’s compliance with warranty provisions: If, within one year after the date of Final Completion of the Work or designated portion thereof, or within one year after the date for commencement of any system warranties established under Section 5.20, or within the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, Contractor shall correct it promptly after receipt of written notice from Owner to do so. Owner shall give such notice promptly after discovery of the condition. This period of one year shall be extended, with respect to portions of Work first performed after Final Completion, by the period of time between Final Completion and the actual performance of the Work. Contractor’s duty to correct with respect to Work repaired or replaced shall run for one year from the date of repair or replacement. Obligations under this paragraph shall survive Final Completion. E. Contractor to remove non‐conforming Work: Contractor shall remove from the Project site portions of the Work which are not in accordance with the requirements of the Contract Documents and are neither corrected by Contractor nor accepted by Owner. AGENDA ITEM #7. g) 00 72 00 – PAGE 33 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS F. Owner may charge Contractor for non‐conforming Work: If Contractor fails to correct nonconforming Work within a reasonable time after written notice to do so, Owner may replace, correct, or remove the nonconforming Work and charge the cost thereof to the Contractor. G. Contractor to pay for damaged Work during correction: Contractor shall bear the cost of correcting destroyed or damaged Work, whether completed or partially completed, caused by Contractor’s correction or removal of Work which is not in accordance with the requirements of the Contract Documents. H. No Period of limitation on other requirements: Nothing contained in this section shall be construed to establish a period of limitation with respect to other obligations which Contractor might have according to the Contract Documents. Establishment of the time period of one year as described in Section 5.15D relates only to the specific obligation of Contractor to correct the Work, and has no relationship to the time within which the Contractor’s obligation to comply with the Contract Documents may be sought to be enforced, including the time within which such proceedings may be commenced. I. Owner may accept non‐conforming Work and charge Contractor: If Owner prefers to accept Work which is not in accordance with the requirements of the Contract Documents, Owner may do so instead of requiring its removal and correction, in which case the Contract Sum may be reduced as appropriate and equitable. 5.17 CLEAN UP Contractor to keep site clean and leave it clean: Contractor shall at all times keep the Project site, including hauling routes, infrastructures, utilities, and storage areas, free from accumulations of waste materials. Before completing the Work, Contractor shall remove from the premises its rubbish, tools, scaffolding, equipment, and materials. Upon completing the Work, Contractor shall leave the Project site in a clean, neat, and orderly condition satisfactory to Owner. If Contractor fails to clean up as provided herein, and after reasonable notice from Owner, Owner may do so and the cost thereof shall be charged to Contractor. 5.18 ACCESS TO WORK Owner and A/E access to Work site: Contractor shall provide Owner and A/E access to the Work in progress wherever located. AGENDA ITEM #7. g) 00 72 00 – PAGE 34 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5.19 SUBCONTRACTORS AND SUPPLIERS A. Subcontractor Responsibility: The Contractor shall include the language of this paragraph in each of its first‐tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this paragraph apply to all subcontractors regardless of tier. At the time of subcontract execution, the Contractor shall verify that each of its first‐tier subcontractors meets the following bidder responsibility criteria: 1. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable, have: a. Industrial Insurance (workers’ compensation) coverage for the subcontractor’s employees working in Washington, as required in Title 51 RCW; b. A Washington Employment Security Department number, as required in Title 50 RCW; c. A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. An electrical contractor license, if required by Chapter 19.28 RCW; 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 5. On a project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one‐year period immediately preceding the date of the Owner’s first advertisement of the project. AGENDA ITEM #7. g) 00 72 00 – PAGE 35 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 6. Within the three‐year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW. B. Provide names of Subcontractors and use qualified firms: Before submitting the first Application for Payment, Contractor shall furnish in writing to Owner the names, addresses, and telephone numbers of all Subcontractors, as well as suppliers providing materials in excess of $2,500. Contractor shall utilize Subcontractors and suppliers which are experienced and qualified, and meet the requirements of the Contract Documents, if any. Contractor shall not utilize any Subcontractor or supplier to whom the Owner has a reasonable objection, and shall obtain Owner’s written consent before making any substitutions or additions. C. Subcontracts in writing and pass through provision: All Subcontracts must be in writing. By appropriate written agreement, Contractor shall require each Subcontractor, so far as applicable to the Work to be performed by the Subcontractor, to be bound to Contractor by terms of the Contract Documents, and to assume toward Contractor all the obligations and responsibilities which Contractor assumes toward Owner in accordance with the Contract Documents. Each Subcontract shall preserve and protect the rights of Owner in accordance with the Contract Documents with respect to the Work to be performed by the Subcontractor so that subcontracting thereof will not prejudice such rights. Where appropriate, Contractor shall require each Subcontractor to enter into similar agreements with Sub‐subcontractors. However, nothing in this paragraph shall be construed to alter the contractual relations between Contractor and its Subcontractors with respect to insurance or bonds. D. Coordination of Subcontractors; Contractor responsible for Work: Contractor shall schedule, supervise, and coordinate the operations of all Subcontractors. No Subcontracting of any of the Work shall relieve Contractor from its responsibility for the performance of the Work in accordance with the Contract Documents or any other obligations of the Contract Documents. E. Automatic assignment of subcontracts: Each subcontract agreement for a portion of the Work is hereby assigned by Contractor to Owner provided that: 1. Effective only after termination and Owner approval: The assignment is effective only after termination by Owner for cause pursuant to Section 9.1 and only for those Subcontracts which Owner accepts by notifying the Subcontractor in writing; and AGENDA ITEM #7. g) 00 72 00 – PAGE 36 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 2. Owner assumes Contractor’s responsibilities: After the assignment is effective, Owner will assume all future duties and obligations toward the Subcontractor which Contractor assumed in the Subcontract. 3. Impact of bond: The assignment is subject to the prior rights of the surety, if any, obligated under any bond provided in accordance with the Contract Documents. 5.20 WARRANTY OF CONSTRUCTION A. Contractor warranty of Work: In addition to any special warranties provided elsewhere in the Contract Documents, Contractor warrants that all Work conforms to the requirements of the Contract Documents and is free of any defect in equipment, material, or design furnished, or workmanship performed by Contractor. B. Contractor responsibilities: With respect to all warranties, express or implied, for Work performed or materials furnished according to the Contract Documents, Contractor shall: 1. Obtain warranties: Obtain all warranties that would be given in normal commercial practice; 2. Warranties for benefit of Owner: Require all warranties to be executed, in writing, for the benefit of Owner; 3. Enforcement of warranties: Enforce all warranties for the benefit of Owner, if directed by Owner; and 4. Contractor responsibility for subcontractor warranties: Be responsible to enforce any subcontractor’s, manufacturers’, or supplier’s warranties should they extend beyond the period specified in the Contract Documents. C. Warranties beyond Final Acceptance: The obligations under this section shall survive Final Acceptance. 5.21 INDEMNIFICATION Contractor shall indemnify, defend and hold harmless Renton, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys’ fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor’s own employees, agents and volunteers, or AGENDA ITEM #7. g) 00 72 00 – PAGE 37 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS damage to property caused by Contractor’s negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by Renton and its officers, agents, employees and volunteers. Including Patent infringement: The use of any design, process, or equipment which constitutes an infringement of any United States patent presently issued, or violates any other proprietary interest, including copyright, trademark, and trade secret. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate…) 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 Renton, its officers, officials, employees and volunteers, Contractor’s liability shall be only to the extent of Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor’s waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. PART 6 – PAYMENTS AND COMPLETION 6.1 CONTRACT SUM Owner shall pay Contract Sum: Owner shall pay Contractor the Contract Sum plus state sales tax for performance of the Work, in accordance with the Contract Documents. 6.2 SCHEDULE OF VALUES Contractor to submit Schedule of Values: Before submitting its first Application for Payment, Contractor shall submit to Owner for approval a breakdown allocating the total Contract Sum to each principal category of work, in such detail as requested by Owner (“Schedule of Values”). The approved Schedule of Values shall include appropriate amounts for demobilization, record drawings, O&M manuals, and any other requirements for Project closeout, and shall be used by Owner as the basis for progress payments. Payment for Work shall be made only for and in accordance with those items included in the Schedule of Values. AGENDA ITEM #7. g) 00 72 00 – PAGE 38 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 6.3 APPLICATION FOR PAYMENT A. Monthly Application for Payment with substantiation: At monthly intervals, unless determined otherwise by Owner, Contractor shall submit to Owner an itemized Application for Payment for Work completed in accordance with the Contract Documents and the approved Schedule of Values. Each application shall be supported by such substantiating data as Owner may require. B. Contractor certifies Subcontractors paid: By submitting an Application for Payment, Contractor is certifying that all Subcontractors have been paid, less earned retainage in accordance with RCW 60.28.011, as their interests appeared in the last preceding certificate of payment. By submitting an Application for Payment, Contractor is recertifying that the representations set forth in Section 1.3, are true and correct, to the best of Contractor’s knowledge, as of the date of the Application for Payment. C. Reconciliation of Work with Progress Schedule: At the time, it submits an Application for Payment, Contractor shall analyze and reconcile, to the satisfaction of Owner, the actual progress of the Work with the Progress Schedule. D. Payment for material delivered to site or stored off‐site: If authorized by Owner, the Application for Payment may include request for payment for material delivered to the Project site and suitably stored, or for completed preparatory work. Payment may similarly be requested for material stored off the Project site, provided Contractor complies with or furnishes satisfactory evidence of the following: 1. Suitable facility or location: The material will be placed in a facility or location that is structurally sound, dry, lighted and suitable for the materials to be stored; 2. Facility or location within 10 miles of Project: The facility or location is located within a 10‐mile radius of the Project. Other locations may be utilized, if approved in writing, by Owner; 3. Facility or location exclusive to Project’s materials: Only materials for the Project are stored within the facility or location (or a secure portion of a facility or location set aside for the Project); 4. Insurance provided on materials in facility or location: Contractor furnishes Owner a certificate of insurance extending Contractor’s insurance coverage for damage, fire, and theft to cover the full value of all materials stored, or in transit; AGENDA ITEM #7. g) 00 72 00 – PAGE 39 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5. Facility or location locked and secure: The facility or location (or secure portion thereof) is continuously under lock and key, and only Contractor’s authorized personnel shall have access; 6. Owner right of access to facility or location: Owner shall have the right of access in company of Contractor; 7. Contractor assumes total responsibility for stored materials: Contractor and its surety assume total responsibility for the stored materials; and 8. Contractor provides documentation and Notice when materials moved to site: Contractor furnishes to Owner certified lists of materials stored, bills of lading, invoices, and other information as may be required, and shall also furnish Notice to Owner when materials are moved from storage to the Project site. 6.4 PROGRESS PAYMENTS A. Owner to pay within 30 Days: Owner shall make progress payments, in such amounts as Owner determines are properly due, within 30 Days after receipt of a properly executed Application for Payment. Owner shall notify Contractor in accordance with chapter 39.76 RCW if the Application for Payment does not comply with the requirements of the Contract Documents. B. Withholding retainage; Options for retainage: Owner shall retain 5% of the amount of each progress payment until 45 Days after Final Acceptance and receipt of all documents required by law or the Contract Documents, including, at Owner’s request, consent of surety to release of the retainage. In accordance with chapter 60.28 RCW, Contractor may request that monies reserved be retained in a fund by Owner, deposited by Owner in a bank or savings and loan, or placed in escrow with a bank or trust company to be converted into bonds and securities to be held in escrow with interest to be paid to Contractor. Owner may permit Contractor to provide an appropriate bond in lieu of the retained funds. C. Title passes to Owner upon payment: Title to all Work and materials covered by a progress payment shall pass to Owner at the time of such payment free and clear of all liens, claims, security interests, and encumbrances. Passage of title shall not, however, relieve Contractor from any of its duties and responsibilities for the Work or materials, or waive any rights of Owner to insist on full compliance by Contractor with the Contract Documents. AGENDA ITEM #7. g) 00 72 00 – PAGE 40 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS D. Interest on unpaid balances: Payments due and unpaid in accordance with the Contract Documents shall bear interest as specified in chapter 39.76 RCW. 6.5 PAYMENTS WITHHELD A. Owner’s right to withhold payment: Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any payment to such extent as may be necessary to protect Owner from loss or damage for reasons including but not limited to: 1. Non‐compliant Work: Work not in accordance with the Contract Documents; 2. Remaining Work to cost more than unpaid balance: Reasonable evidence that the Work required by the Contract Documents cannot be completed for the unpaid balance of the Contract Sum; 3. Owner correction or completion Work: Work by Owner to correct defective Work or complete the Work in accordance with Section 5.19; 4. Contractor’s failure to perform: Contractor’s failure to perform in accordance with the Contract Documents; or 5. Contractor’s negligent acts or omissions: Cost or liability that may occur to Owner as the result of Contractor’s fault or negligent acts or omissions. B. Owner to notify Contractor of withholding for unsatisfactory performance: In any case where part or all of a payment is going to be withheld for unsatisfactory performance, Owner shall notify Contractor in accordance with chapter 39.76 RCW. 6.6 RETAINAGE AND BOND CLAIM RIGHTS Chapters 39.08 RCW and 60.28 RCW incorporated by reference: Chapters 39.08 RCW and 60.28 RCW, concerning the rights and responsibilities of Contractor and Owner with regard to the performance and payment bonds and retainage, are made a part of the Contract Documents by reference as though fully set forth herein. 6.7 SUBSTANTIAL COMPLETION Substantial Completion defined: Substantial Completion is the stage in the progress of the Work (or portion thereof designated and approved by Owner) when the construction is sufficiently complete, in accordance with the Contract Documents, so Owner has full and AGENDA ITEM #7. g) 00 72 00 – PAGE 41 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS unrestricted use and benefit of the facilities (or portion thereof designated and approved by Owner) for the use for which it is intended. All Work other than incidental corrective or punch list work shall be completed. Substantial Completion shall not have been achieved if all systems and parts are not functional, if utilities are not connected and operating normally, if all required occupancy permits have not been issued, or if the Work is not accessible by normal vehicular and pedestrian traffic routes. The date Substantial Completion is achieved shall be established in writing by Owner. Contractor may request an early date of Substantial Completion which must be approved by Change Order. Owner’s occupancy of the Work or designated portion thereof does not necessarily indicate that Substantial Completion has been achieved. 6.8 PRIOR OCCUPANCY A. Prior Occupancy defined; Restrictions: Owner may, upon written notice thereof to Contractor, take possession of or use any completed or partially completed portion of the Work (“Prior Occupancy”) at any time prior to Substantial Completion. Unless otherwise agreed in writing, Prior Occupancy shall not: be deemed an acceptance of any portion of the Work; accelerate the time for any payment to Contractor; prejudice any rights of Owner provided by any insurance, bond, guaranty, or the Contract Documents; relieve Contractor of the risk of loss or any of the obligations established by the Contract Documents; establish a date for termination or partial termination of the assessment of liquidated damages; or constitute a waiver of claims. B. Damage; Duty to repair and warranties: Notwithstanding anything in the preceding paragraph, Owner shall be responsible for loss of or damage to the Work resulting from Prior Occupancy. Contractor’s one‐year duty to repair any system warranties shall begin on building systems activated and used by Owner as agreed in writing by Owner and Contractor. 6.9 FINAL COMPLETION, ACCEPTANCE, AND PAYMENT A. Final Completion defined: Final Completion shall be achieved when the Work is fully and finally complete in accordance with the Contract Documents. The date Final Completion is achieved shall be established by Owner in writing, but in no case, shall constitute Final Acceptance which is a subsequent, separate, and distinct action. B. Final Acceptance defined: Final Acceptance shall be achieved when the Contractor has completed the requirements of the Contract Documents. The date Final Acceptance is achieved shall be established by Owner in writing. Prior to Final Acceptance, Contractor shall, in addition to all other requirements in the Contract Documents, submit to Owner a written notice of any outstanding disputes or claims between Contractor and any of its Subcontractors, including the amounts and other details thereof. Neither Final Acceptance, nor final payment, shall release Contractor AGENDA ITEM #7. g) 00 72 00 – PAGE 42 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS or its sureties from any obligations of these Contract Documents or the payment and performance bonds, or constitute a waiver of any claims by Owner arising from Contractor’s failure to perform the Work in accordance with the Contract Documents. C. Final payment waives Claim rights: Acceptance of final payment by Contractor, or any Subcontractor, shall constitute a waiver and release to Owner of all claims by Contractor, or any such Subcontractor, for an increase in the Contract Sum or the Contract Time, and for every act or omission of Owner relating to or arising out of the Work, except for those Claims made in accordance with the procedures, including the time limits, set forth in Part 8. PART 7 – CHANGES 7.1 CHANGE IN THE WORK A. Changes in Work, Contract Sum, and Contract Time by Change Order: Owner may, at any time and without notice to Contractor’s surety, order additions, deletions, revisions, or other changes in the Work. These changes in the Work shall be incorporated into the Contract Documents through the execution of Change Orders. If any change in the Work ordered by Owner causes an increase or decrease in the Contract Sum or the Contract Time, an equitable adjustment shall be made as provided in Section 7.2 or 7.3, respectively, and such adjustment(s) shall be incorporated into a Change Order. B. Owner may request COP from Contractor: If Owner desires to order a change in the Work, it may request a written Change Order Proposal (COP) from Contractor. Contractor shall submit a Change Order Proposal within 14 Days of the request from Owner, or within such other period as mutually agreed. Contractor’s Change Order Proposal shall be full compensation for implementing the proposed change in the Work, including any adjustment in the Contract Sum or Contract Time, and including compensation for all delays in connection with such change in the Work and for any expense or inconvenience, disruption of schedule, or loss of efficiency or productivity occasioned by the change in the Work. C. COP negotiations: Upon receipt of the Change Order Proposal, or a request for equitable adjustment in the Contract Sum or Contract Time, or both, as provided in Sections 7.2 and 7.3, Owner may accept or reject the proposal, request further documentation, or negotiate acceptable terms with Contractor. Pending agreement on the terms of the Change Order, Owner may direct Contractor to proceed immediately with the Change Order Work. Contractor shall not proceed with any change in the Work until it has obtained Owner’s approval. All Work done pursuant to any Owner‐directed change in the Work shall be executed in accordance with the Contract Documents. AGENDA ITEM #7. g) 00 72 00 – PAGE 43 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS D. Change Order as full payment and final settlement: If Owner and Contractor reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, such agreement shall be incorporated in a Change Order. The Change Order shall constitute full payment and final settlement of all claims for time and for direct, indirect, and consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity, related to any Work either covered or affected by the Change Order, or related to the events giving rise to the request for equitable adjustment. E. Failure to agree upon terms of Change Order; Final offer and Claims: If Owner and Contractor are unable to reach agreement on the terms of any change in the Work, including any adjustment in the Contract Sum or Contract Time, Contractor may at any time in writing, request a final offer from Owner. Owner shall provide Contractor with its written response within 30 Days of Contractor’s request. Owner may also provide Contractor with a final offer at any time. If Contractor rejects Owner’s final offer, or the parties are otherwise unable to reach agreement, Contractor’s only remedy shall be to file a Claim as provided in Part 8. F. Field Authorizations: The Owner may direct the Contractor to proceed with a change in the work through a written Field Authorization (also referred to as a Field Order) when the time required to price and execute a Change Order would impact the Project. The Field Authorization shall describe and include the following: 1. The scope of work; 2. An agreed upon maximum not‐to‐exceed amount; 3. Any estimated change to the Contract Time; 4. The method of final cost determination in accordance with the requirements of Part 7 of the General Conditions; and 5. The supporting cost data to be submitted in accordance with the requirements of Part 7 of the General Conditions. Upon satisfactory submittal by the Contractor and approval by the Owner of supporting cost data, a Change Order will be executed. The Owner will not make payment to the Contractor for Field Authorization work until that work has been incorporated into an executed Change Order. AGENDA ITEM #7. g) 00 72 00 – PAGE 44 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 7.2 CHANGE IN THE CONTRACT SUM A. General Application 1. Contract Sum changes only by Change Order: The Contract Sum shall only be changed by a Change Order. Contractor shall include any request for a change in the Contract Sum in its Change Order Proposal. 2. Owner fault or negligence as basis for change in Contract Sum: If the cost of Contractor’s performance is changed due to the fault or negligence of Owner, or anyone for whose acts Owner is responsible, Contractor shall be entitled to make a request for an equitable adjustment in the Contract Sum in accordance with the following procedure. No change in the Contract Sum shall be allowed to the extent: Contractor’s changed cost of performance is due to the fault or negligence of Contractor, or anyone for whose acts Contractor is responsible; the change is concurrently caused by Contractor and Owner; or the change is caused by an act of Force Majeure as defined in Section 3.5. a. Notice and record keeping for equitable adjustment: A request for an equitable adjustment in the Contract Sum shall be based on written notice delivered to Owner within 7 Days of the occurrence of the event giving rise to the request. For purposes of this part, “occurrence” means when Contractor knew, or in its diligent prosecution of the Work should have known, of the event giving rise to the request. If Contractor believes it is entitled to an adjustment in the Contract Sum, Contractor shall immediately notify Owner and begin to keep and maintain complete, accurate, and specific daily records. Contractor shall give Owner access to any such records and, if requested shall promptly furnish copies of such records to Owner. b. Content of notice for equitable adjustment; Failure to comply: Contractor shall not be entitled to any adjustment in the Contract Sum for any occurrence of events or costs that occurred more than 7 Days before Contractor’s written notice to Owner. The written notice shall set forth, at a minimum, a description of: the event giving rise to the request for an equitable adjustment in the Contract Sum; the nature of the impacts to Contractor and its Subcontractors of any tier, if any; and to the extent possible the amount of the adjustment in Contract Sum requested. Failure to properly give such written notice shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Contractor’s right to an equitable adjustment. c. Contractor to provide supplemental information: Within 30 Days of the occurrence of the event giving rise to the request, unless Owner agrees in AGENDA ITEM #7. g) 00 72 00 – PAGE 45 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS writing to allow an additional period of time to ascertain more accurate data, Contractor shall supplement the written notice provided in accordance with subparagraph a. above with additional supporting data. Such additional data shall include, at a minimum: the amount of compensation requested, itemized in accordance with the procedure set forth herein; specific facts, circumstances, and analysis that confirms not only that Contractor suffered the damages claimed, but that the damages claimed were actually a result of the act, event, or condition complained of and that the Contract Documents provide entitlement to an equitable adjustment to Contractor for such act, event, or condition; and documentation sufficiently detailed to permit an informed analysis of the request by Owner. When the request for compensation relates to a delay, or other change in Contract Time, Contractor shall demonstrate the impact on the critical path, in accordance with Section 7.3C. Failure to provide such additional information and documentation within the time allowed or within the format required shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Contractor’s right to an equitable adjustment. d. Contractor to proceed with Work as directed: Pending final resolution of any request made in accordance with this paragraph, unless otherwise agreed in writing, Contractor shall proceed diligently with performance of the Work. e. Contractor to combine requests for same event together: Any requests by Contractor for an equitable adjustment in the Contract Sum and in the Contract Time that arise out of the same event(s) shall be submitted together. 3. Methods for calculating Change Order amount: The value of any Work covered by a Change Order, or of any request for an equitable adjustment in the Contract Sum, shall be determined by one of the following methods: a. Fixed Price: On the basis of a fixed price as determined in paragraph 7.2B. b. Unit Prices: By application of unit prices to the quantities of the items involved as determined in paragraph 7.2C. c. Time and Materials: On the basis of time and material as determined inparagraph 7.2D. 4. Fixed price method is default; Owner may direct otherwise: When Owner has requested Contractor to submit a Change Order Proposal, Owner may direct Contractor as to which method in subparagraph 3 above to use when submitting its proposal. Otherwise, Contractor shall determine the value of the Work, or of a request for an equitable adjustment, on the basis of the fixed price method. AGENDA ITEM #7. g) 00 72 00 – PAGE 46 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS B. Change Order Pricing – Fixed Price Procedures: When the fixed price method is used to determine the value of any Work covered by a Change Order, or of a request for an equitable adjustment in the Contract Sum, the following procedures shall apply: 1. Breakdown and itemization of details on COP: Contractor’s Change Order Proposal, or request for adjustment in the Contract Sum, shall be accompanied by a complete itemization of the costs, including labor, material, subcontractor costs, and overhead and profit. The costs shall be itemized in the manner set forth below, and shall be submitted on breakdown sheets in a form approved by Owner. 2. Use of industry standards in calculating costs: All costs shall be calculated based upon appropriate industry standard methods of calculating labor, material quantities, and equipment costs such as R.S. Means or other standards acceptable to the Owner and Contractor. 3. Costs contingent on Owner’s actions: If any of Contractor’s pricing assumptions are contingent upon anticipated actions of Owner, Contractor shall clearly state them in the proposal or request for an equitable adjustment. 4. Markups on additive and deductive Work: The cost of any additive or deductive changes in the Work shall be calculated as set forth below, except that overhead and profit shall not be included on deductive changes in the Work. Where a change in the Work involves additive and deductive work by the same Contractor or Subcontractor, small tools, overhead, profit, bond and insurance markups will apply to the net difference. 5. Breakdown not required if change less than $1,000: If the total cost of the change in the Work or request for equitable adjustment does not exceed $1,000, Contractor shall not be required to submit a breakdown if the description of the change in the Work or request for equitable adjustment is sufficiently definitive for Owner to determine fair value. 6. Breakdown required if change between $1,000 and $2,500: If the total cost of the change in the Work or request for equitable adjustment is between $1,000 and $2,500, Contractor may submit a breakdown in the following level of detail if the description of the change in the Work or if the request for equitable adjustment is sufficiently definitive to permit the Owner to determine fair value: a. lump sum labor; AGENDA ITEM #7. g) 00 72 00 – PAGE 47 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS b. lump sum material; c. lump sum equipment usage; d. overhead and profit as set forth below; and e. insurance and bond costs as set forth below. 7. Components of increased cost: Any request for adjustment of Contract Sum based upon the fixed price method shall include only the following items: a. Craft labor costs: These are the labor costs determined by multiplying the estimated or actual additional number of craft hours needed to perform the change in the Work by the hourly labor costs. Craft hours should cover direct labor, as well as indirect labor due to trade inefficiencies. The hourly costs shall be based on the following: (1) Basic wages and benefits: Hourly rates and benefits as stated on the Department of Labor and Industries approved “statement of intent to pay prevailing wages” or a higher amount if approved by the Owner. Direct supervision shall be a reasonable percentage not to exceed 15% of the cost of direct labor. No supervision markup shall be allowed for a working supervisor’s hours. (2) Worker’s insurance: Direct contributions to the City of Renton for industrial insurance; medical aid; and supplemental pension, by the class and rates established by the Department of Labor and Industries. (3) Federal insurance: Direct contributions required by the Federal Insurance Compensation Act; Federal Unemployment Tax Act; and the State Unemployment Compensation Act. (4) Travel allowance: Travel allowance and/or subsistence, if applicable, not exceeding those allowances established by regional labor union agreements, which are itemized and identified separately. (5) Safety: Cost incurred due to the Washington Industrial Safety and Health Act, which shall be a reasonable percentage not to exceed 2% of the sum of the amounts calculated in (1), (2), and (3) above. b. Material costs: This is an itemization of the quantity and cost of materials needed to perform the change in the Work. Material costs shall be developed first from actual known costs, second from supplier quotations AGENDA ITEM #7. g) 00 72 00 – PAGE 48 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS or if these are not available, from standard industry pricing guides. Material costs shall consider all available discounts. Freight costs, express charges, or special delivery charges, shall be itemized. c. Equipment costs: This is an itemization of the type of equipment and the estimated or actual length of time the construction equipment appropriate for the Work is or will be used on the change in the Work. Costs will be allowed for construction equipment only if used solely for the changed Work, or for additional rental costs actually incurred by the Contractor. Equipment charges shall be computed on the basis of actual invoice costs or if owned, from the current edition of one of the following sources: (1) The Equipment Watch Fleet Manager Estimator Package (digital). The maximum rate for standby equipment shall not exceed that shown in the Associated General Contractors Washington State Department of Transportation (AGC WSDOT) Equipment Rental Agreement, current edition on the Contract execution date. (2) The National Electrical Contractors Association for equipment used on electrical work. (3) The Mechanical Contractors Association of America for equipment used on mechanical work. The Equipment Watch Rental Rate Blue Book shall be used as a basis for establishing rental rates of equipment not listed in the above sources. The maximum rate for standby equipment shall not exceed that shown in the AGC WSDOT Equipment Rental Agreement, current edition on the Contract execution date. d. Allowance for small tools, expendables & consumable supplies: Small tools consist of tools which cost $250 or less and are normally furnished by the performing contractor. The maximum rate for small tools shall not exceed the following: (1) 3% for Contractor: For Contractor, 3% of direct labor costs. (2) 5% for Subcontractors: For Subcontractors, 5% of direct labor costs. Expendables and consumables supplies directly associated with the change in Work must be itemized. AGENDA ITEM #7. g) 00 72 00 – PAGE 49 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS e. Subcontractor costs: This is defined as payments Contractor makes to Subcontractors for changed Work performed by Subcontractors of any tier. The Subcontractors’ cost of Work shall be calculated and itemized in the same manner as prescribed herein for Contractor. f. Allowance for overhead: This is defined as costs of any kind attributable to direct and indirect delay, acceleration, or impact, added to the total cost to Owner of any change in the Contract Sum. If the Contractor is compensated under Section 7.3D, the amount of such compensation shall be reduced by the amount Contractor is otherwise entitled to under this subsection (f). This allowance shall compensate Contractor for all non‐craft labor, temporary construction facilities, field engineering, schedule updating, as‐built drawings, home office cost, B&O taxes, office engineering, estimating costs, additional overhead because of extended time, and any other cost incidental to the change in the Work. It shall be strictly limited in all cases to a reasonable amount, mutually acceptable, or if none can be agreed upon to an amount not to exceed the rates below: (1) Projects less than $3 million: For projects where the Contract Award Amount is under $3 million, the following shall apply: (a) Contractor markup on Contractor Work: For Contractor, for any Work actually performed by Contractor’s own forces, 16% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (b) Subcontractor markup for Subcontractor Work: For each Subcontractor (including lower tier subcontractors), for any Work actually performed by its own forces, 16% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (c) Contractor markup for Subcontractor Work: For Contractor, for any work performed by its Subcontractor(s) 6% of the first $50,000 of the amount due each Subcontractor, and 4% of the remaining amount if any. (d) Subcontractor markup for lower tier Subcontractor Work: For each Subcontractor, for any Work performed by its Subcontractor(s) of any lower tier, 4% of the first $50,000 of the amount due the sub‐ Subcontractor, and 2% of the remaining amount if any. (e) Basis of cost applicable for markup: The cost to which overhead is to be applied shall be developed in accordance with Section 7.2B 7a. – e. AGENDA ITEM #7. g) 00 72 00 – PAGE 50 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS (2) Projects more than $3 million: For projects where the Contract Award Amount is equal to or exceeds $3 million, the following shall apply: (a) Contractor markup on Contractor Work: For Contractor, for any Work actually performed by Contractor’s own forces, 12% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (b) Subcontractor markup for Subcontractor Work: For each Subcontractor (including lower tier subcontractors), for any Work actually performed by its own forces, 12% of the first $50,000 of the cost, and 4% of the remaining cost, if any. (c) Contractor markup for Subcontractor Work: For Contractor, for any Work performed by its Subcontractor(s), 4% of the first $50,000 of the amount due each Subcontractor, and 2% of the remaining amount if any. (d) Subcontractor markup for lower tier Subcontractor Work: For each Subcontractor, for any Work performed by its Subcontractor(s) of any lower tier, 4% of the first $50,000 of the amount due the sub‐ Subcontractor, and 2% of the remaining amount if any. (e) Basis of cost applicable for markup: The cost to which overhead is to be applied shall be developed in accordance with Section 7.2B 7a. – e. g. Allowance for profit: Allowance for profit is an amount to be added to the cost of any change in contract sum, but not to the cost of change in Contract Time for which contractor has been compensated pursuant to the conditions set forth in Section 7.3. It shall be limited to a reasonable amount, mutually acceptable, or if none can be agreed upon, to an amount not to exceed the rates below: (1) Contractor / Subcontractor markup for self‐performed Work: For Contractor or Subcontractor of any tier for work performed by theirforces, 6% of the cost developed in accordance with Section 7.2B 7a. – e. (2) Contractor / Subcontractor markup for Work performed at lower tier: For Contractor or Subcontractor of any tier for work performed by a subcontractor of a lower tier, 4% of the subcontract cost developed in accordance with Section 7.2B 7a. – h. AGENDA ITEM #7. g) 00 72 00 – PAGE 51 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS h. Insurance and bond premiums: Cost of change in insurance or bond premium: This is defined as: (1) Contractor’s liability insurance: The cost of any changes in Contractor’s liability insurance arising directly from execution of the Change Order; and, (2) Payment and Performance Bond: The cost of the additional premium for Contractor’s bond arising directly from the changed Work. The cost of any change in insurance or bond premium shall be added after overhead and allowance for profit are calculated in accordance with subparagraph f and g above. C. Change Order Pricing – Unit Prices 1. Content of Owner authorization: Whenever Owner authorizes Contractor to perform Work on a unit‐price basis, Owner’s authorization shall clearly state: a. Scope: Scope of work to be performed; b. Reimbursement basis: Type of reimbursement including pre‐agreed rates for material quantities; and c. Reimbursement limit: Cost limit of reimbursement. 2. Contractor responsibilities: Contractor shall: a. Cooperate with Owner and assist in monitoring the Work being performed. As requested by Owner, Contractor shall identify workers assigned to the Change Order Work and areas in which they are working; b. Leave access as appropriate for quantity measurement; and c. Not exceed any cost limit(s) without Owner’s prior written approval. 3. Cost breakdown consistent with Fixed Price requirements: Contractor shall submit costs in accordance with paragraph 7.2B and satisfy the following requirements: a. Unit prices must include overhead, profit, bond and insurance premiums: Unit prices shall include reimbursement for all direct and indirect costs of the Work, including overhead, profit, bond, and insurance costs; and AGENDA ITEM #7. g) 00 72 00 – PAGE 52 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS b. Owner verification of quantities: Quantities must be supported by field measurement statements signed by Owner. D. Change Order Pricing – Time‐and‐Material Prices 1. Content of Owner authorization: Whenever Owner authorizes Contractor to perform Work on a time‐and‐material basis, Owner’s authorization shall clearly state: a. Scope: Scope of Work to be performed; b. Reimbursement basis: Type of reimbursement including pre‐agreed rates, if any, for material quantities or labor; and c. Reimbursement limit: Cost limit of reimbursement. 2. Contractor responsibilities: Contractor shall: a. Identify workers assigned: Cooperate with Owner and assist in monitoring the Work being performed. As requested by Owner, identify workers assigned to the Change Order Work and areas in which they are working; b. Provide daily timesheets: Identify on daily time sheets all labor performed in accordance with this authorization. Submit copies of daily time sheets within 2 working days for Owner’s review. c. Allow Owner to measure quantities: Leave access as appropriate for quantity measurement; d. Perform Work efficiently: Perform all Work in accordance with this section as efficiently as possible; and e. Not exceed Owner’s cost limit: Not exceed any cost limit(s) without Owner’s prior written approval. 3. Cost breakdown consistent with Fixed Price requirements: Contractor shall submit costs in accordance with paragraph 7.2B and additional verification supported by: a. Timesheets: Labor detailed on daily time sheets; and b. Invoices: Invoices for material. AGENDA ITEM #7. g) 00 72 00 – PAGE 53 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 7.3 CHANGE IN THE CONTRACT TIME A. COP requests for Contract Time: The Contract Time shall only be changed by a Change Order. Contractor shall include any request for a change in the Contract Time in its Change Order Proposal. B. Time extension permitted if not Contractor’s fault: If the time of Contractor’s performance is changed due to an act of Force Majeure, or due to the fault or negligence of Owner or anyone for whose acts Owner is responsible, Contractor shall be entitled to make a request for an equitable adjustment in the Contract Time in accordance with the following procedure. No adjustment in the Contract Time shall be allowed to the extent Contractor’s changed time of performance is due to the fault or negligence of Contractor, or anyone for whose acts Contractor is responsible. 1. Notice and record keeping for Contract Time request: A request for an equitable adjustment in the Contract Time shall be based on written notice delivered within 7 Days of the occurrence of the event giving rise to the request. If Contractor believes it is entitled to adjustment of Contract Time, Contractor shall immediately notify Owner and begin to keep and maintain complete, accurate, and specific daily records. Contractor shall give Owner access to any such record and if requested, shall promptly furnish copies of such record to Owner. 2. Timing and content of Contractor’s Notice: Contractor shall not be entitled to an adjustment in the Contract Time for any events that occurred more than 7 Days before Contractor’s written notice to Owner. The written notice shall set forth, at a minimum, a description of: the event giving rise to the request for an equitable adjustment in the Contract Time; the nature of the impacts to Contractor and its Subcontractors of any tier, if any; and to the extent possible the amount of the adjustment in Contract Time requested. Failure to properly give such written notice shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Contractor’s right to an equitable adjustment. 3. Contractor to provide supplemental information: Within 30 Days of the occurrence of the event giving rise to the request, unless Owner agrees in writing to allow an additional period of time to ascertain more accurate data, Contractor shall supplement the written notice provided in accordance with subparagraph 7.3B.2 with additional supporting data. Such additional data shall include, at a minimum: the amount of delay claimed, itemized in accordance with the procedure set forth herein; specific facts, circumstances, and analysis that confirms not only that Contractor suffered the delay claimed, but that the delay claimed was actually a result of the act, event, or condition complained of, and that the Contract Documents provide entitlement to an equitable adjustment in AGENDA ITEM #7. g) 00 72 00 – PAGE 54 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS Contract Time for such act, event, or condition; and supporting documentation sufficiently detailed to permit an informed analysis of the request by Owner. Failure to provide such additional information and documentation within the time allowed or within the format required shall, to the extent Owner’s interests are prejudiced, constitute a waiver of Contractor’s right to an equitable adjustment. 4. Contractor to proceed with Work as directed: Pending final resolution of any request in accordance with this paragraph, unless otherwise agreed in writing, Contractor shall proceed diligently with performance of the Work. C. Contractor to demonstrate impact on critical path of schedule: Any change in the Contract Time covered by a Change Order, or based on a request for an equitable adjustment in the Contract Time, shall be limited to the change in the critical path of Contractor’s schedule attributable to the change of Work or event(s) giving rise to the request for equitable adjustment. Any Change Order Proposal or request for an adjustment in the Contract Time shall demonstrate the impact on the critical path of the schedule. Contractor shall be responsible for showing clearly on the Progress Schedule that the change or event: had a specific impact on the critical path, and except in case of concurrent delay, was the sole cause of such impact; and could not have been avoided by resequencing of the Work or other reasonable alternatives. D. Cost of change in Contract Time: Contractor may request compensation for the cost of a change in Contract Time in accordance with this paragraph, 7.3D, subject to the following conditions: 1. Must be solely fault of Owner or A/E: The change in Contract Time shall solely be caused by the fault or negligence of Owner or A/E; 2. Procedures: Contractor shall follow the procedure set forth in paragraph 7.3B; 3. Demonstrate impact on critical path: Contractor shall establish the extent of the change in Contract Time in accordance with paragraph 7.3C; and 4. Limitations on daily costs: The daily cost of any change in Contract Time shall be limited to the items below, less the amount of any change in the Contract Sum the Contractor may otherwise be entitled to pursuant to Section 7.2B 7f for any change in the Work that contributed to this change in Contract Time: a. Non‐productive supervision or labor: cost of nonproductive field supervision or labor extended because of delay; b. Weekly meetings and indirect activities: cost of weekly meetings or similar AGENDA ITEM #7. g) 00 72 00 – PAGE 55 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS indirect activities extended because of the delay; c. Temporary facilities or equipment rental: cost of temporary facilities or equipment rental extended because of the delay; d. Insurance premiums: cost of insurance extended because of the delay; e. Overhead: general and administrative overhead in an amount to be agreed upon, but not to exceed 3% of the Contract Award Amount divided by the originally specified Contract Time for each Day of the delay. PART 8 – CLAIMS AND DISPUTE RESOLUTION 8.1 CLAIMS PROCEDURE A. Claim is Contractor’s remedy: If the parties fail to reach agreement on the terms of any Change Order for Owner‐directed Work as provided in Section 7.1, or on the resolution of any request for an equitable adjustment in the Contract Sum as provided in Section 7.2 or the Contract Time as provided in Section 7.3, Contractor’s only remedy shall be to file a Claim with Owner as provided in this section. B. Claim filing deadline for Contractor: Contractor shall file its Claim within 120 Days from Owner’s final offer made in accordance with paragraph 7.1E, or by the date of Final Acceptance, whichever occurs first. C. Claim must cover all costs and be documented: The Claim shall be deemed to cover all changes in cost and time (including direct, indirect, impact, and consequential) to which Contractor may be entitled. It shall be fully substantiated and documented. At a minimum, the Claim shall contain the following information: 1. Factual statement of Claim: A detailed factual statement of the Claim for additional compensation and time, if any, providing all necessary dates, locations, and items of Work affected by the Claim; 2. Dates: The date on which facts arose which gave rise to the Claim; 3. Owner and A/E employee’s knowledgeable about Claim: The name of each employee of Owner or A/E knowledgeable about the Claim; 4. Support from Contract Documents: The specific provisions of the Contract Documents which support the Claim; AGENDA ITEM #7. g) 00 72 00 – PAGE 56 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 5. Identification of other supporting information: The identification of any documents and the substance of any oral communications that support the Claim; 6. Copies of supporting documentation: Copies of any identified documents, other than the Contract Documents, that support the Claim; 7. Details on Claim for Contract Time: If an adjustment in the Contract Time is sought: the specific days and dates for which it is sought; the specific reasons Contractor believes an extension in the Contract Time should be granted; and Contractor’s analysis of its Progress Schedule to demonstrate the reason for the extension in Contract Time; 8. Details on Claim for adjustment of Contract Sum: If an adjustment in the Contract Sum is sought, the exact amount sought and a breakdown of that amount into the categories set forth in, and in the detail as required by Section 7.2; and 9. Statement certifying Claim: A statement certifying, under penalty of perjury, that the Claim is made in good faith, that the supporting cost and pricing data are true and accurate to the best of Contractor’s knowledge and belief, that the Claim is fully supported by the accompanying data, and that the amount requested accurately reflects the adjustment in the Contract Sum or Contract Time for which Contractor believes Owner is liable. D. Owner’s response to Claim filed: After Contractor has submitted a fully documented Claim that complies with all applicable provisions of Parts 7 and 8, Owner shall respond, in writing, to Contractor as follows: 1. Response time for Claim less than $50,000: If the Claim amount is less than $50,000, with a decision within 60 Days from the date the Claim is received; or 2. Response time for Claim of $50,000 or more: If the Claim amount is $50,000 or more, with a decision within 60 Days from the date the Claim is received, or with notice to Contractor of the date by which it will render its decision. Owner will then respond with a written decision in such additional time. E. Owner’s review of Claim and finality of decision: To assist in the review of Contractor’s Claim, Owner may visit the Project site, or request additional information, in order to fully evaluate the issues raised by the Claim. Contractor shall proceed with performance of the Work pending final resolution of any Claim. Owner’s written decision as set forth above shall be final and conclusive as to all matters set forth in the Claim, unless Contractor follows the procedure set forth in Section 8.2. F. Waiver of Contractor rights for failure to comply with this Section: Any Claim of the AGENDA ITEM #7. g) 00 72 00 – PAGE 57 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS Contractor against the Owner for damages, additional compensation, or additional time, shall be conclusively deemed to have been waived by the Contractor unless made in accordance with the requirements of this Section. 8.2 ARBITRATION A. Timing of Contractor’s demand for arbitration: If Contractor disagrees with Owner’s decision rendered in accordance with paragraph 8.1D, Contractor shall provide Owner with a written demand for arbitration. No demand for arbitration of any such Claim shall be made later than 30 Days after the date of Owner’s decision on such Claim; failure to demand arbitration within said 30 Day period shall result in Owner’s decision being final and binding upon Contractor and its Subcontractors. B. Filing of Notice for arbitration: Notice of the demand for arbitration shall be filed with the American Arbitration Association (AAA), with a copy provided to Owner. The parties shall negotiate or mediate under the Voluntary Construction Mediation Rules of the AAA, or mutually acceptable service, before seeking arbitration in accordance with the Construction Industry Arbitration Rules of AAA as follows: 1. Claims less than $30,000: Disputes involving $30,000 or less shall be conducted in accordance with the Northwest Region Expedited Commercial Arbitration Rules; or 2. Claims greater than $30,000: Disputes over $30,000 shall be conducted in accordance with the Construction Industry Arbitration Rules of the AAA, unless the parties agree to use the expedited rules. C. Arbitration is forum for resolving Claims: All Claims arising out of the Work shall be resolved by arbitration. The judgment upon the arbitration award may be entered, or review of the award may occur, in the superior court having jurisdiction thereof. No independent legal action relating to or arising from the Work shall be maintained. D. Settlement outside of arbitration to be documented in Change Order: If the parties resolve the Claim prior to arbitration judgment, the terms of the resolution shall be incorporated in a Change Order. The Change Order shall constitute full payment and final settlement of the Claim, including all claims for time and for direct, indirect, or consequential costs, including costs of delays, inconvenience, disruption of schedule, or loss of efficiency or productivity. 8.3 CLAIMS AUDITS A. Owner may audit Claims: All Claims filed against Owner shall be subject to audit at any time following the filing of the Claim. Failure of Contractor, or Subcontractors of AGENDA ITEM #7. g) 00 72 00 – PAGE 58 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS any tier, to maintain and retain sufficient records to allow Owner to verify all or a portion of the Claim or to permit Owner access to the books and records of Contractor, or Subcontractors of any tier, shall constitute a waiver of the Claim and shall bar any recovery. B. Contractor to make documents available: In support of Owner audit of any Claim, Contractor shall, upon request, promptly make available to Owner the following documents: 1. Daily time sheets and supervisor’s daily reports; 2. Collective bargaining agreements; 3. Insurance, welfare, and benefits records; 4. Payroll registers; 5. Earnings records; 6. Payroll tax forms; 7. Material invoices, requisitions, and delivery confirmations; 8. Material cost distribution worksheet; 9. Equipment records (list of company equipment, rates, etc.); 10. Vendors’, rental agencies’, Subcontractors’, and agents’ invoices; 11. Contracts between Contractor and each of its Subcontractors, and all lower‐tier Subcontractor contracts and supplier contracts; 12. Subcontractors’ and agents’ payment certificates; 13. Cancelled checks (payroll and vendors); 14. Job cost report, including monthly totals; 15. Job payroll ledger; 16. Planned resource loading schedules and summaries; 17. General ledger; AGENDA ITEM #7. g) 00 72 00 – PAGE 59 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 18. Cash disbursements journal; 19. Financial statements for all years reflecting the operations on the Work. In addition, the Owner may require, if it deems it appropriate, additional financial statements for 3 years preceding execution of the Work; 20. Depreciation records on all company equipment whether these records are maintained by the company involved, its accountant, or others; 21. If a source other than depreciation records is used to develop costs for Contractor’s internal purposes in establishing the actual cost of owning and operating equipment, all such other source documents; 22. All non‐privileged documents which relate to each and every Claim together with all documents which support the amount of any adjustment in Contract Sum or Contract Time sought by each Claim; 23. Work sheets or software used to prepare the Claim establishing the cost components for items of the Claim including but not limited to labor, benefits and insurance, materials, equipment, Subcontractors, all documents which establish the time periods, individuals involved, the hours for the individuals, and the rates for the individuals; and 24. Work sheets, software, and all other documents used by Contractor to prepare its bid. C. Contractor to provide facilities for audit and shall cooperate: The audit may be performed by employees of Owner or a representative of Owner. Contractor, and its Subcontractors, shall provide adequate facilities acceptable to Owner, for the audit during normal business hours. Contractor, and all Subcontractors, shall make a good faith effort to cooperate with Owner’s auditors. PART 9 – TERMINATION OF THE WORK 9.1 TERMINATION BY OWNER FOR CAUSE A. 7 Day Notice to Terminate for Cause: Owner may, upon 7 Days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of Owner) the Work, or any part of it, for cause upon the occurrence of any one or more of the following events: AGENDA ITEM #7. g) 00 72 00 – PAGE 60 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 1. Contractor fails to prosecute Work: Contractor fails to prosecute the Work or any portion thereof with sufficient diligence to ensure Substantial Completion of the Work within the Contract Time; 2. Contractor bankrupt: Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; 3. Contractor fails to correct Work: Contractor fails in a material way to replace or correct Work not in conformance with the Contract Documents; 4. Contractor fails to supply workers or materials: Contractor repeatedly fails to supply skilled workers or proper materials or equipment; 5. Contractor failure to pay Subcontractors or labor: Contractor repeatedly fails to make prompt payment due to Subcontractors or for labor; 6. Contractor violates laws: Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or 7. Contractor in material breach of Contract: Contractor is otherwise in material breach of any provision of the Contract Documents. B. Owner’s actions upon termination: Upon termination, Owner may at its option: 1. Take possession of Project site: Take possession of the Project site and take possession of or use all materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the Work; 2. Accept assignment of Subcontracts: Accept assignment of subcontracts pursuant to Section 5.18; and 3. Finish the Work: Finish the Work by whatever other reasonable method it deems expedient. C. Surety’s role: Owner’s rights and duties upon termination are subject to the prior rights and duties of the surety, if any, obligated under any bond provided in accordance with the Contract Documents. D. Contractor’s required actions: When Owner terminates the Work in accordance with AGENDA ITEM #7. g) 00 72 00 – PAGE 61 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS this section, Contractor shall take the actions set forth in paragraph 9.2B, and shall not be entitled to receive further payment until the Work is accepted. E. Contractor to pay for unfinished Work: If the unpaid balance of the Contract Sum exceeds the cost of finishing the Work, including compensation for A/E’s services and expenses made necessary thereby and any other extra costs or damages incurred by Owner in completing the Work, or as a result of Contractor’s actions, such excess shall be paid to Contractor. If such costs exceed the unpaid balance, Contractor shall pay the difference to Owner. These obligations for payment shall survive termination. F. Contractor and Surety still responsible for Work performed: Termination of the Work in accordance with this section shall not relieve Contractor or its surety of any responsibilities for Work performed. G. Conversion of “Termination for Cause” to “Termination for Convenience”: If Owner terminates Contractor for cause and it is later determined that none of the circumstances set forth in paragraph 9.1A exist, then such termination shall be deemed a termination for convenience pursuant to Section 9.2. 9.2 TERMINATION BY OWNER FOR CONVENIENCE A. Owner Notice of Termination for Convenience: Owner may, upon written notice, terminate (without prejudice to any right or remedy of Owner) the Work, or any part of it, for the convenience of Owner. B. Contractor response to termination Notice: Unless Owner directs otherwise, after receipt of a written notice of termination for either cause or convenience, Contractor shall promptly: 1. Cease Work: Stop performing Work on the date and as specified in the notice of termination; 2. No further orders or Subcontracts: Place no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of the Work as is not terminated; 3. Cancel orders and Subcontracts: Cancel all orders and subcontracts, upon terms acceptable to Owner, to the extent that they relate to the performance of Work terminated; AGENDA ITEM #7. g) 00 72 00 – PAGE 62 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 4. Assign orders and Subcontracts to Owner: Assign to Owner all of the right, title, and interest of Contractor in all orders and subcontracts; 5. Take action to protect the Work: Take such action as may be necessary or as directed by Owner to preserve and protect the Work, Project site, and any other property related to this Project in the possession of Contractor in which Owner has an interest; and 6. Continue performance not terminated: Continue performance only to the extent not terminated. C. Terms of adjustment in Contract Sum if Contract terminated: If Owner terminates the Work or any portion thereof for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus reasonable allowance for overhead and profit on Work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. Contractor shall be required to make its request in accordance with the provisions of Part 7. D. Owner to determine whether to adjust Contract Time: If Owner terminates the Work or any portion thereof for convenience, the Contract Time shall be adjusted as determined by Owner. PART 10 – MISCELLANEOUS PROVISIONS 10.1 GOVERNING LAW Applicable law and venue: The Contract Documents and the rights of the parties herein shall be governed by the laws of the State of Washington and the City of Renton. Venue shall be in King county. 10.2 SUCCESSORS AND ASSIGNS Bound to successors; Assignment of Contract: Owner and Contractor respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to partners, successors, assigns, and legal representatives of such other party in respect to covenants, agreements, and obligations contained in the Contract Documents. AGENDA ITEM #7. g) 00 72 00 – PAGE 63 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS Neither party shall assign the Work without written consent of the other, except that Contractor may assign the Work for security purposes, to a bank or lending institution authorized to do business in the City of Renton. If either party attempts to make such an assignment without such consent, that party shall nevertheless remain legally responsible for all obligations set forth in the Contract Documents. 10.3 MEANING OF WORDS Meaning of words used in Specifications: Unless otherwise stated in the Contract Documents, words which have well‐known technical or construction industry meanings are used in the Contract Documents in accordance with such recognized meanings. Reference to standard specifications, manuals, or codes of any technical society, organization, or association, or to the code of any governmental authority, whether such reference be specific or by implication, shall be to the latest standard specification, manual, or code in effect on the date for submission of bids, except as may be otherwise specifically stated. Wherever in these Drawings and Specifications an article, device, or piece of equipment is referred to in the singular manner, such reference shall apply to as many such articles as are shown on the drawings, or required to complete the installation. 10.4 RIGHTS AND REMEDIES No waiver of rights: No action or failure to act by Owner or A/E shall constitute a waiver of a right or duty afforded them under the Contract Documents, nor shall action or failure to act constitute approval or an acquiescence in a breach therein, except as may be specifically agreed in writing. 10.5 CONTRACTOR REGISTRATION Contractor must be registered or licensed: Pursuant to RCW 39.06, Contractor shall be registered or licensed as required by the laws of the City of Renton, including but not limited to RCW 18.27. 10.6 TIME COMPUTATIONS Computing time: When computing any period of time, the day of the event from which the period of time begins shall not be counted. The last day is counted unless it falls on a weekend or legal holiday, in which event the period runs until the end of the next day that is not a weekend or holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays are excluded from the computation. AGENDA ITEM #7. g) 00 72 00 – PAGE 64 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS 10.7 RECORDS RETENTION / PUBLIC RECORDS REQUESTS A. Six‐year records retention period: The wage, payroll, and cost records of Contractor, and its Subcontractors, and all records subject to audit in accordance with Section 8.3, shall be retained for a period of not less than 6 years after the date of Final Acceptance. B. Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Services provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). C. Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e‐mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor’s own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 10.8 THIRD‐PARTY AGREEMENTS No third‐party relationships created: The Contract Documents shall not be construed to create a contractual relationship of any kind between: A/E and Contractor; Owner and any Subcontractor; or any persons other than Owner and Contractor. 10.9 ANTITRUST ASSIGNMENT Contractor assigns overcharge amounts to Owner: Owner and Contractor recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, Contractor hereby assigns to Owner any and all claims for such overcharges as to goods, materials, and equipment purchased in connection with the Work performed in accordance with the Contract Documents, except as to overcharges which result from antitrust violations commencing after the Contract Sum is established and which are not passed on to Owner under a Change Order. Contractor shall put a similar clause in its Subcontracts, and require a similar AGENDA ITEM #7. g) 00 72 00 – PAGE 65 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS clause in its sub‐ Subcontracts, such that all claims for such overcharges on the Work are passed to Owner by Contractor. 10.10 HEADINGS AND CAPTIONS Headings for convenience only: All headings and captions used in these General Conditions are only for convenience of reference, and shall not be used in any way in connection with the meaning, effect, interpretation, construction, or enforcement of the General Conditions, and do not define the limit or describe the scope or intent of any provision of these General Conditions. 10.11 DIVERSE BUSINESS PARTICIPATION The City of Renton encourages participation in all of its contracts by Diverse Businesses as found in RCW Chapters 39, 43, and WAC 326. The voluntary Diverse Business goal of 26%, which is an aggregate of: 10% Minority Business Enterprises (MBE), 6% Women Business Enterprises (WBE), 5% Veteran‐owned Business, and 5% Washington Small Businesses self‐ identified in the Washington Electronic Business Solution (WEBS) http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistrat ion.aspx. Contractors are encouraged to meet or exceed the project goals in the advertisement by any level of participation, regardless of category. 10.12 APPRENTICESHIP PARTICIPATION In accordance with RCW 39.04.320, the City of Renton requires 15% apprenticeship participation for projects estimated to cost one million dollars or more. Apprentice participation, under this contract, may be counted towards the required percentage (%) only if the apprentices are from an apprenticeship program registered and approved by the Washington State Apprenticeship and Training Council (RCW 49.04 and WAC 296‐ 05). A. Bidders may contact the Department of Labor and Industries, Specialty Compliance Services Division, Apprenticeship Section, P.O. Box 44530, Olympia, WA 98504‐4530 by phone at (360) 902‐5320, and e‐mail at Apprentice@Lni.wa.gov, to obtain information on available apprenticeship programs. AGENDA ITEM #7. g) 00 72 00 – PAGE 66 OF 66 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 72 00 JANUARY 8, 2020 GENERAL CONDITIONS B. For each project that has apprentice requirements, the contractor shall submit a “Statement of Apprentice and Journeyman Participation” in a format approved by the City with every request for progress payment. The Contractor shall submit consolidated and cumulative data collected by the Contractor and collected from all subcontractors by the Contractor. The data to be collected and submitted includes the following: 1. Contractor name and address 2. Contract number 3. Project name END OF SECTION AGENDA ITEM #7. g) 00 80 00 – PAGE 1 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS SECTION 00 80 00 FORMS PART 1 GENERAL 1.1 FORMS The following forms are included: A. Bid Bond Form B. Contract Bond Form C. Sample Agreement Form D. Certification for Compliance with Wage Payment Statutes E. Non‐Collusion, Anti‐trust and Minimum Wage Form PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION ‐ NOT USED AGENDA ITEM #7. g) 00 80 00 – PAGE 2 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS Bid Bond Form KNOW ALL MEN BY THESE PRESENTS, That we, [Contractor] ________________________________ ____________________of [address] ____________________________________________ as Principal, and [Surety] __________________________________________________________________ a corporation duly organized under the laws of the State of ____________________________________ , and authorized to do business in the State of Washington, as Surety, are held and firmly bound unto the City of Renton in the sum of five (5) percent of the total amount of the bid proposal of said Principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such, that whereas the Principal herein is herewith submitting his/her or its sealed proposal for the following construction, to wit: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ said bid and proposal, by reference thereto, being made a part hereof. NOW, THEREFORE, if the said proposal bid by said Principal be accepted, and the contract be awarded to said Principal, and if said Principal shall duly make and enter into and execute said contract and shall furnish performance bond as required by the City of Renton within a period of ten (10) days from and after said award, exclusive of the day of such award, then this obligation shall be null and void, otherwise it shall remain and be in full force and effect. IN THE EVENT the Principal, following award, fails to execute an Agreement with the City of Renton in accordance with the terms of the Proposal and furnish a performance bond with Surety or Sureties approved by the City of Renton within ten (10) days from and after said award, then Principal shall forfeit the Bid Bond/Bid Proposal Deposit or Surety shall immediately pay and forfeit to the City of Renton the amount of the Proposal Bid Bond, as set forth in RCW 35A.40.200 and RCW 35.23.352. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be signed and sealed this ___________________________ day of ___________________________, ________. ________________________________ ________________________________ [Principal] [Surety] ________________________________ ________________________________ [Signature of authorized official] [Signature of authorized official] ________________________________ By: _____________________________ [Title] [Attorney-in-Fact] ________________________________ [Address] ________________________________ [Phone Number] AGENDA ITEM #7. g) 00 80 00 – PAGE 3 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS CONTRACT BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned _____________________________________________________________________________ _____________________________________________________________________________ as principal, and _____________________________________ corporation organized and existing under the laws of the State of ________________________ 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 $_______________________________ 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 pursuant to the statutes of the State of Washington, the Ordinance of the City of Renton. Dated at ______________, Washington, this ______________ day of ___________, 20___. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Contract No. __________ providing for construction of the _______________________________________; 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, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Indemnifies and holds Owner, its officers, and agents harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and AGENDA ITEM #7. g) 00 80 00 – PAGE 4 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS reimbursing and paying Owner all expenses that Owner may incur in making good any default by Principal; and Indemnifies and holds Owner harmless from all claims, liabilities, causes of action, damages and costs, including property damages and personal injuries, resulting from any defect appearing or developing in the material provided or workmanship performed under the Contract. Pays all taxes incurred on said contract under title 50 and 51 Revised Code of Washington (RCW) and all taxes imposed on the Principle under Title 82 RCW. The indemnities to Owner shall also inure to the benefit of the Consulting Engineers and other design professionals retained by Owner in connection with the Project. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work. This Contract Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in King County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. Principal Surety Signature Signature Title Title Name and address of local office of agent and/or Surety Company: AGENDA ITEM #7. g) 00 80 00 – PAGE 5 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS AGREEMENT CONTRACT NO. [Enter Contract #] THIS AGREEMENT, made and entered into this [Enter Date] day of [Enter Month], [Enter Year] by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City” and [Enter Contractor name], hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the City’s Contract Bid Documents for the Project, including but not limited to Bid package, Instructions to Bidder, General Conditions Addenda, Proposal Form, Supplemental Conditions, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor’s Proposal and all documents submitted therewith in response to the City’s Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents as revised by the Amendments and Special Provisions included with the City’s Call for Bids and Contract Documents. 2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled [Enter Project name], [Enter Project number], including all changes to the Work and force account work, in accordance with the Contract Documents. 3. Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $ , unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. AGENDA ITEM #7. g) 00 80 00 – PAGE 6 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS 5. Independent Contractor: Contractor’s employees, while engaged in the performance of any of Contractor’s services under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of Renton and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor’s relation to Renton shall be at all times as an independent contractor. Any and all Workman’s Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third‐party as a consequence of any negligent act or omission on the part of Contractor’s employees, while engaged in services provided to be rendered under this Agreement, shall be the solely Contractor’s obligation and responsibility. 6. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. 7. Severability. A court of competent jurisdiction’s determination that any provision or part of this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this Agreement, which shall remain in full force and effect. 8. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys and expert witness fees. 9. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 10. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. 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. [Enter Project Name Line 1] [Enter Project Name Line 2 (if needed)] [Enter Agreement Name] [Enter Date] AGENDA ITEM #7. g) 00 80 00 – PAGE 7 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS CONTRACTOR: CITY OF RENTON: President/Partner/Owner Armondo Pavone, Mayor ATTEST Secretary Jason Seth, City Clerk FIRM INFORMATION d/b/a [Enter Firm name] CHECK ONE: □ Limited Liability Company □ Partnership □ Corporation STATE OF INCORPORATION: [Enter state of incorporation] CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: [Address Line 1] City of Renton [Address Line 2] 1055 South Grady Way [City, State and Zip] Renton, WA 98057 [Enter Phone Number] [Enter Phone Number] [Enter Fax Number or Email Address] [Enter Fax Number or Email Address] Attention: If business is a CORPORATION, the name of the corporation should be listed in full and both the 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. If the business is a PARTNERSHIP, the 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 the business is a limited Liability Company, an authorized managing member or manager must sign followed by his/her title. [Enter Project Name Line 1] [Enter Project Name Line 2 (if needed)] [Enter Agreement Name] [Enter Date] AGENDA ITEM #7. g) 00 80 00 – PAGE 8 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS This form must be submitted with the Bid Proposal. CERTIFICATION OF COMPLIANCE WITH WAGE PAYMENT STATUTES The bidder hereby certifies that, within the three‐year period immediately preceding the bid solicitation date, the bidder is not a “willful” violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. ___________________________________________ Bidder’s Business Name ___________________________________________ Signature of Authorized Official* ___________________________________________ Printed Name ___________________________________________ Title ______________________ ________________________ ____________________________ Date City State Check One: Sole Proprietorship ☐ Partnership ☐ Joint Venture ☐ Corporation ☐ LLC ☐ State of Incorporation, or if not a corporation, State where business entity was formed: If a co‐partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. AGENDA ITEM #7. g) 00 80 00 – PAGE 9 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS NON‐COLLUSION, ANTI‐TRUST, AND MINIMUM WAGE FORM NON‐COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the forgoing 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 person any advantage over the 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 overcharges 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: that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. AGENDA ITEM #7. g) 00 80 00 – PAGE 10 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 00 80 00 JANUARY 8, 2020 FORMS FOR: NON‐COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI‐TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Project Name of Bidder's Firm Signature of Authorized Representative of Bidder Subscribed and sworn to before me on this day of , 20 . Notary Public in and for the State of Washington Residing at: AGENDA ITEM #7. g) 01 01 00 – PAGE 1 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY SECTION 01 01 00 SUMMARY PART 1 GENERAL 1.1 SUMMARY A. Section Includes: 1. Description of the Work. 2. Special work requirements. 3. Coordination. 1.2 RELATED DOCUMENTS A. This Section applies to all Technical Specification Sections, and supplements the General Conditions. 1.3 DESCRIPTION OF THE WORK: A. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. Repairs will be made to existing serviceable facilities and be conducted within the existing footprint of the facilities, with minimal environmental impacts and any existing site restoration for the construction of Cedar River Trestle Bridge Repairs, for the City of Renton, Washington, all as shown and described in the Contract Documents prepared by WSP USA, Inc. Provide for traffic control, project and public safety, temporary erosion and sediment control. 1.4 CONTRACT TYPE A. Contract Type: Single General Construction Contract based on a single lump‐sum price as described in Division 00. 1.5 TIME OF COMPLETION & LIQUIDATED DAMAGES A. Time is of the essence for commencement and completion of the Work. Overall time limits for the Project are as follows: 1. Project Time Requirements a. Start: Upon Notice to Proceed (NTP) b. Substantial Completion: August 31, 2020 c. Final Acceptance in accordance with the General Conditions B. Liquidated Damages: Assessed in accordance with the terms of the General AGENDA ITEM #7. g) 01 01 00 – PAGE 2 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY Conditions, and in the following amount per calendar day: a. Project: $250.00 1.6 CONTRACTOR’S WORK & RESPONSIBILITIES A. Contractor is required to coordinate all related requirements and work specified throughout the Contract Documents. B. Unless otherwise indicated, Contractor’s work and responsibilities also include, but are not limited to the following: 1. Providing and paying for labor, materials, equipment, tools, machines, facilities, and services necessary for proper execution and completion of work. 2. Paying taxes. 3. Giving required notices. 4. Maintaining required egress, emergency vehicle access and other requirements in accordance with governing codes, ordinances and city policies throughout the work. 5. Maintaining site in secure condition at all times to prevent unauthorized access. 6. Contractor is responsible for securing and paying for permits, including but not limited to grading, building, plumbing, mechanical and electrical. C. Summary of References: Work of the Contract can be summarized by references to the Contract, General Conditions, Special Conditions, Supplementary Conditions, Specification Sections, Drawings, addenda and modifications to the contract documents issued subsequent to the initial printing of the project manual and including but not necessarily limited to printed material referenced by any of these. It is recognized that work of the contract is also unavoidably affected or influenced by governing regulations, natural phenomenon including weather conditions and other forces outside the contract documents. D. Compliance with Regulatory Agency Permits and Approvals: Contractor shall perform Work in accordance to the requirements and conditions of the regulatory agency permits and approvals. 1.7 CONTRACTOR USE OF PREMISES AGENDA ITEM #7. g) 01 01 00 – PAGE 3 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY A. At the pre‐construction meeting, and in conformance with the Contract Drawings, the Owner shall instruct the Contractor as to the location to be used by the Contractor for storage and set‐up of material and equipment to be used in the work. The primary project site access will be via state route 169, Maple Valley Highway, at 3225 SE 7th Street; Maplewood Roadside Park. Secondary, north access, shall be coordinated with Owner/Park staff through Cedar River Park and Trail. B. General: The Contractor shall limit use of the premises to the work or project boundary indicated for use. 1. Contractor shall provide and maintain access for residents along SE 7th Street, southeast side of state route 169, Maple Valley Highway. 2. Contractor staging area for storage and set‐up will be established at the Maplewood Roadside Park, 3225 SE 7th Street; Renton, WA. 3. Coordinate with Owner/Park staff the access to the Cedar River Trestle Bridge through Cedar River Park and Trail, if required. Do not access the Cedar River Trestle Bridge through Riverview Park. 4. Provide alternative routes for pedestrian and bicycle routes during closure of Cedar River Trestle Bridge. Provide necessary signage and barricades during closure. C. Use of the Site: Confine operations at the site to the areas permitted under the Contract. Portions of the site beyond areas on which work is indicated are not to be disturbed. Conform to site rules and regulations affecting the work while engaged in project construction. 1. Do not unreasonably encumber the site with materials or equipment. Confine stockpiling of materials and location of storage structures to the staging areas within the work area. If additional storage is necessary, obtain and pay for such storage off‐site. 2. Lock automotive type vehicles, such as passenger cars and trucks and other mechanized or motorized construction equipment, when parked and unattended, so as to prevent unauthorized use. Do not leave vehicles or equipment unattended with the motor running or the ignition key in place. 3. Smoking or open fires will not be permitted on the premises. AGENDA ITEM #7. g) 01 01 00 – PAGE 4 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY 4. Assume full responsibility for the protection and safekeeping of tools, equipment, materials, and products under this Contract, stored on the site. 5. Assume full responsibility for site security and safety. 6. Include barriers, directional signs, no trespassing signs, fencing and security as needed to prevent unauthorized trespassing into construction areas. 7. The construction limits or work zones indicated on the drawings indicate the area to which operation in connection with this project shall be confined for the indicated construction period. 8. Keep work and storage areas in a neat, clean and orderly condition at all times. Should it be necessary at any time to move materials or sheds, Contractor shall move same at his expense. 9. Contractor is responsible for damage to existing property adjacent to the project site and damage must be repaired as work proceeds. Restore/return existing property to its original condition as it was prior to start of project work. 10. Provide traffic control measures as required by local ordinances. 1.12 MISCELLANEOUS PROVISIONS A. Existing Utilities: 1. Utilities of record are shown on the Drawings insofar as is possible to do so. These, however, are shown for convenience only and the Owner or Consultants assume no responsibility for improper locations or failure to show utility locations on the Drawings. 2. Exercise reasonable care to prevent damage to existing utilities. At Contractor’s expense, immediately repair, restore, or relocate. Contractor shall not leave site until repairs have been accomplished. 3. See Drawings and Specifications for particular provisions. B. Objections to Application of Products: All Contractors and Subcontractors performing work on this project shall thoroughly familiarize themselves with specified products and installation procedures and submit to Owner any objections (in writing) no later than ten (10) days prior to Bid Date. Submittal of Bid constitutes acceptance of products and procedures specified. AGENDA ITEM #7. g) 01 01 00 – PAGE 5 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY C. Conflicts and Omissions in Drawings and Specifications: Bring immediately to Owner’s attention any conflicts and omissions between the Drawings and Specifications and between Drawings and Specifications and actual site conditions. D. Subcontractor Instructions: Require subcontractors to become familiar with requirements of Division 0, Division 1 and work of Sections related to their own work. Instruct them that these conditions and requirements apply to their work in each Section of the technical specifications. E. Field Verification: It is the Contractor’s responsibility to verify all field measurements and site conditions. No allowance will be made for any items incorrectly fabricated or installed due to failure to perform such verification prior to ordering materials/products or commencing the work. If the Contractor discovers discrepancies between the Contract Documents and actual field measurements, notify the Owner, and allow reasonable time for review of the problem, and response to resolve the problem. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION 3.1 PROJECT SIGN A. Contractor shall provide and install one project sign, as detailed in this project manual, at location to be determined by the Owner, for the duration of the project. 3.2 COOPERATION AND COORDINATION A. The Contractor is responsible for coordinating and scheduling work of the Subcontractors to expedite progress of the project. General Contractor assumes all responsibility if his Subcontractors do not perform. When emergencies occur, the Contractor will take whatever measures are necessary to correct problems at no expense to the Owner and before leaving the site. B. Coordinate all uses of premises with the Owner. Use of streets and public rights of way must be in accordance with City regulations and ordinances. Obtain Right of Way use permits as the City may require for any in‐street or street frontage AGENDA ITEM #7. g) 01 01 00 – PAGE 6 OF 6 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 01 00 JANUARY 8, 2020 SUMMARY work or work that may otherwise block or limit use of the streets. 3.3 SITE ACCESS A. Construction site access to the project site is shown on Sheet G‐3 of the Plans at Cedar River Trail Park access, off SR 169 at SE 7th Street, Maplewood Roadside Park; Renton, WA. 3.4 EXISTING CONDITIONS A. Utilities of record require field verification and identification. Where unknown utility lines are encountered, protect from damage and do not assume abandoned before identification is made by utility company. Notify Owner of unauthorized cutting or other damage to utility lines resulting from construction activity and promptly take such measures as directed to make reparation. B. Surveys and reports of existing topographical and subsurface conditions, including location of utilities, are provided without warranty as to their accuracy or completeness and are intended as general reference to probable conditions. C. Where existing conditions differ from that indicated by Contract Documents: 1. Document and notify Owner immediately of differing conditions. 2. Coordinate and distribute corrections prior to preparing Shop Drawings and before beginning work dependent upon accurate knowledge of conditions. END OF SECTION AGENDA ITEM #7. g) 01 11 30 – PAGE 1 OF 1 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 11 30 JANUARY 8, 2020 HAZARDOUS MATERIALS SECTION 01 11 30 HAZARDOUS MATERIALS PART 1 ‐ GENERAL 1.1 SUMMARY A. This Section includes administrative and procedural requirements for hazardous materials. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.3 NOT USED 1.4 CONTRACTOR NOTIFICATION A. Contractor to provide the Owner with a complete list of all hazardous chemicals and other materials intended to be used during execution of the project, including storage locations. 1.5 HAZARDOUS MATERIAL A. The Contractor shall bring to the attention of the Owner any material suspected of being hazardous which is encountered during execution of the Work. The Owner will arrange for tests to determine if the material is hazardous. If the material is found to be hazardous the Owner will initiate the construction modification procedure for its abatement by the Contractor. B. Compliance with Regulations: All work shall comply with the applicable laws, regulations and requirements. The disposal of any hazardous materials encountered shall also comply with the requirements of applicable federal, state and municipal safety and health requirements. Where there is a conflict between applicable regulations, the most stringent shall apply. PART 2 ‐ PRODUCTS ‐ NOT USED PART 3 ‐ EXECUTION ‐ NOT USED AGENDA ITEM #7. g) 01 14 00 – PAGE 1 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS SECTION 01 14 00 WORK RESTRICTIONS PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. B. Section 01 50 00 – Temporary Facilities and Controls C. Appendix A: Permits 1.2 USE OF PREMISES A. Use of Site: Limit use of premises to work in areas indicated. Do not disturb portions of site beyond areas in which the Work is indicated. 1. Unless otherwise indicated, keep roadways, pathways and sidewalks clear and available to Owner and emergency vehicles at all times. Do not use these areas for parking or storage of materials. 1. Maintain access to residents along SE 7th Street through Maplewood Roadside Park parking lot. 2. Schedule deliveries to minimize use of roadways and to minimize space and time requirements for storage of materials and equipment on‐site. 3. Schedule and coordinate with Owner/park staff the closure and use of the Cedar River Trail and bridge structure. 4. Maintain site fencing. Protect existing conditions and areas to remain. B. Work Hours: 1. Weekdays (Monday through Friday): 7 a.m. to 8 p.m. 2. Haul Activities: 8:30 a.m. to 3:30 p.m. 3. Weekends: • Saturday: 9 a.m. to 8 p.m. • Sunday and Holidays: No work permitted. AGENDA ITEM #7. g) 01 14 00 – PAGE 2 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS C. Public Access and Use: Public use of the site shall be restricted. Contractor shall close off the public trail at the eastern end of the Project area that is the main public access route to the site with temporary fencing as described in Section 01 50 00. A pedestrian/cyclist detour route of the Cedar River Trail shall be provided as described in Section 1.7. 1.3 IN‐WATER WORK A. In water work may not begin before the 1st of July of a given year and shall cease by the 31st of August of the same year in accordance with the regulatory agencies, Washington Department of Fisheries and Wildlife. In water work includes any work below the Ordinary High Water Mark including replacement of piles and timber facing, and riprap placement. The in‐water work shall not deviate from the work described in the Joint Aquatic Resources Permit Application (JARPA) prepared for the City of Renton and dated July 2019. 1.4 PERMITS A. A copy of all permits must be kept on site at all times. These include: 1. Washington Department of Fish and Wildlife (WDFW) Hydraulic Project Approval (HPA), dated 23, August 2019 2. City of Renton SEPA Exemption 3. City of Renton Shoreline Exemption 4. City of Renton Land Use Permit, dated 16, June 2019 5. U.S. Army Corps of Engineers (USACE) letter (6 September 2019) citing no federal action B. Additional project provisions outlined in the WDFW HPA must be adhered to by the Contractor. These provisions are replicated below. 1. STAGING, JOB SITE ACCESS, AND EQUIPMENT 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife entitled, "CEDAR RIVER TRAIL TRESTLE BRIDGE REPAIRS", dated July 2019, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project construction. AGENDA ITEM #7. g) 01 14 00 – PAGE 3 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. 4. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife habitat biologist listed below of the problem by calling 425‐449‐6790. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1‐ 800‐258‐5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. 5. STAGING, JOB SITE ACCESS, AND EQUIPMENT: Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment‐laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 6. CONSTRUCTION‐RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT a. Clearly mark boundaries to establish the limit of work associated with site access and construction. b. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment near the water. c. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site has been completed. d. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. e. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. AGENDA ITEM #7. g) 01 14 00 – PAGE 4 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS f. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. g. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment‐laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. h. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater. i. Deposit all trash from the project at an appropriate upland disposal location. 7. CONSTRUCTION MATERIALS a. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment‐laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 8. DEMOBILIZATION AND CLEANUP a. Replace native riparian zone vegetation damaged or destroyed by construction with native trees and native shrubs. Plant trees 10 feet on center, and shrubs five feet on center. b. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. c. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. 1.5 DUST CONTROL A. Execute Work by methods to minimize raising dust from construction operations. B. Provide positive means to prevent air‐borne dust from dispersing into atmosphere and surrounding environment. Cover stockpiled material with tarps, wet down, and take other measures as appropriate. 1.6 NOISE CONTROL A. Meet all requirements of WAC 173‐60‐040. Meet all requirements of the City AGENDA ITEM #7. g) 01 14 00 – PAGE 5 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS of Renton Municipal Code. B. The Contractor shall give the owner a minimum of seven (7) day’s notice prior to commencing any activity or operation of machinery from which the noise may be disturbing to occupants of nearby buildings. Any consequences resulting from failure to give such notice shall be the sole responsibility of the Contractor. The Contractor shall comply with any directives the Owner may issue for the purpose of excluding or mitigating any annoyance or disruption due to noise to occupants of the buildings, or the public in general, by the operations under this contract. C. Maintain the level of construction noise inside Adjacent buildings from exceeding a dB(A) 60 curve (with windows closed). D. Outdoor Vehicle and Internal Combustion Engine Noise: 1. The noise level of each piece of equipment shall not be greater than 85 dB(A) at a distance of 50 feet as measured under noisier operating conditions. Provide rubber‐tired equipment whenever possible instead of metal‐tracked equipment. Mufflers for stationary engines shall provide hospital‐area silencing quality. 2. Use electrically driven equipment rather than pneumatically driven equipment where noise is a concern. 3. Erect temporary noise barriers around noisy equipment where operation cannot be avoided. 4. Verify and ensure that equipment mufflers and noise shrouds are intact and operational. 5. Shut off all equipment that is not in use. E. Air Compressors: Equip air compressors with silencing packages. Electric‐ driven compressors are preferred. 1.7 PEDESTRIAN /TRAFFIC CONTROL A. A pedestrian and cyclist detour route shall be established, which connects the Cedar River Trail from the western Maplewood Roadside Park (SE 5th Street and Route 169) and the continuation of the trail at Maplewood Ave SE. The existing sidewalk along Route 169 may be used for this route. A sample Pedestrian Control Plan is shown on Sheet G‐5 of the Plans. B. Pedestrian Control Plan: 1. The Contractor shall develop, adopt, and submit to the Owner a specific pedestrian/traffic control plan for protecting and controlling pedestrian, cyclist, and vehicle traffic during construction operations. AGENDA ITEM #7. g) 01 14 00 – PAGE 6 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS 2. Submittal shall be made at least 10 Working Days before planned implementation to allow for evaluation of the proposed routing, flagging, selection and placement of signage and other traffic control devices. 3. Traffic Control Plans shall indicate: 1. Pedestrian/Cyclist and Vehicular traffic routing 2. Proposed location of barricades, signing, and other traffic control devices in relation to the Cedar River Trail and roadway edges and markings 3. Proposed number of working hours 4. Arrangements for access to residences adjacent to the construction site 5. Arrangements for temporary bus stop zones (if applicable) 6. Routing of construction traffic 7. Coordination in sequencing traffic control with scheduling of Work and work locations C. Protective barricades, fencing, and bridges, together with warning and guidance devices and signs, shall be utilized so that the passageway for pedestrians is safe, well defined and accessible. The alternate accessible pedestrian route shall not have abrupt changes in grade or terrain. Barriers and channelizing devices shall be detectable to pedestrians who have visual disabilities. D. Signs shall meet the following standards: 1. They shall conform in size, shape, color, and message with those in Part VI of the Manual on Uniform Traffic Control Devices (MUTCD). E. Traffic control devices and other construction materials and features shall not intrude into the usable width of the sidewalk, alternate accessible pedestrian route, or other pedestrian facility. F. Signs and other devices mounted lower than 84‐inches above the temporary accessible pedestrian route shall not project more than 4‐ inches into the accessible pedestrian route. G. Signaling and flaggers shall meet requirements of WAC 296‐155‐305. H. Temporary ramps shall be provided when an alternate accessible pedestrian route crosses a curb and no permanent curb ramps are in place. The width of the curb ramp shall be a minimum of 48‐inches and the maximum slope of the ramp shall be 8.3%. The maximum cross slope shall be 2.0%. The bottom of the curb ramp shall be flush with the Roadway. I. All costs encountered in the maintenance of traffic, including the AGENDA ITEM #7. g) 01 14 00 – PAGE 7 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 14 00 JANUARY 8, 2020 WORK RESTRICTIONS placement of traffic cones, construction signs, detours, etc., and traffic control within and abutting the project shall generally be considered incidental to traffic control labor unless otherwise specified and no compensation shall be allowed. PART 2 ‐ PRODUCTS ‐ NOT USED PART 3 – EXECUTION ‐NOT USED END OF SECTION AGENDA ITEM #7. g) 01 20 00 – PAGE 1 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES SECTION 01 20 00 PRICE AND PAYMENT PROCEDURES PART 1 – GENERAL A. Procedures for preparation and submittal of applications for progress payments. B. Documentation of changes in Contract Sum and Contract Time. C. Modification procedures. D. Procedures for preparation and submittal of application for final payment. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. B. See General Conditions all requirements pertaining to retainage. 1.3 SCHEDULE OF VALUES A. Format: On 8‐1/2" X 11" paper. B. Forms filled out by hand will not be accepted. C. Submit printed schedule on form acceptable to the Owner. Contractor's standard form or electronic media printout will be considered. D. Submit for Owner approval, electronic format of Schedule of Values, a minimum of 15 days before first Application for Payment submittal. Approved Schedule of Values will be used by the Owner as the basis for progress payments. E. Format: Schedule of Values shall breakdown the total Contract Sum to each category of work utilizing the Table of Contents of this Project Manual. Identify each line item with number and title of the specification Section. 1. Site mobilization shall not exceed 5% of Contract Sum. 2. Construction closeout shall not be less than 3% of Contract Sum. 3. For each line item exceeding 5% of Contract Sum, show breakdown by major products and operations. 4. Cross reference Schedule of Values amounts to the Construction Progress AGENDA ITEM #7. g) 01 20 00 – PAGE 2 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES Schedule scheduled tasks with specified in Section 01 32 16. 5. Round figures to nearest dollar amount. 6. Make sum of total scheduled costs equal to Contract Sum. 7. Major cost items, which are not directly a cost of actual work‐in‐place, such as distinct temporary facilities, may be either shown as items in schedule of values or included in General Conditions, mobilization and/or demobilization at Contractor's option. F. Revise schedule to list approved Change Order Proposals (COP) and Field Authorizations (FA), with each Application for Payment. 1.4 APPLICATIONS FOR PROGRESS PAYMENTS A. Payment Period: Submit at intervals stipulated in the Agreement, if not stipulated, at monthly intervals. B. Prior to first Application for Payment, submit approved Intent to Pay Prevailing Wages forms for Contractor and all subcontractors. Without exception, processing of an Application for Payment will not begin until approved copies are on file with Owner for each classification of laborers, workers, or mechanics employed by Contractor or subcontractors included in that Application. 1. Submit a list of all subcontractors and suppliers. 2. Submit instructions to Owner for the disposition of retainage funds. a. In accordance with chapter 60.28 of the Revised Code of Washington (RCW), Owner shall reserve a contract retainage not to exceed Five percent of the moneys earned by Contractor as trust fund for the protection and payment of: 1) The claims of any person and Owner arising in accordance with the Contract Documents. 2) The state with respect to taxes imposed pursuant to Title 82 RCW which may be due from such Contractor. b. The funds held in retainage shall be held until forty‐five (45) days following Final Acceptance subject to the provisions of chapters 39.12 and 60.28 RCW. AGENDA ITEM #7. g) 01 20 00 – PAGE 3 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES c. Contractor's written instructions should be addressed to the Owner with a copy to the Engineer. d. At the option of Contractor, the moneys reserved by Owner shall be either: 1) Retained in a fund by Owner. 2) Bonded for all or any portion of the contract retainage in a form acceptable to Owner; or 3) Deposited in an interest‐bearing account in a bank, mutual savings bank, or savings and loan association, 4) Placed in escrow with a bank or trust company by Owner. (a) Escrow Agent: If the retained funds are to be placed in escrow, Contractor will select the escrow agent, subject to approval by Owner. The selected agent must be a bank or trust company in the State of Washington. (b) Pursuant to electing the escrow option, an escrow agreement shall be executed by Contractor, Owner, and bank. Three copies of the agreement should be completed and executed by Contractor and returned to Owner for joint execution, who in turn will forward all copies to the bank for receipt and acceptance. The bank will retain one copy and return one copy each to Contractor and Owner. A completed and signed escrow agreement must be on file with Owner for payment before Contractor's first application is processed. (c) Escrow Payments: As each progress estimate is presented for payment, Contractor shall make a vouchered request for the retained funds that are to be placed in escrow. Upon receiving a retainage invoice, Owner will issue a check payable to Contractor and the bank jointly. Such checks will be mailed to the bank and Contractor will receive copies of check transmittal letters. (d) Escrow Investments: The bank shall invest the retained funds in bonds and other securities selected by Contractor from the following list approved by Owner: AGENDA ITEM #7. g) 01 20 00 – PAGE 4 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES (1) Bills, certificates, notes or bonds of the United States. (2) Other obligations of the United States or its agencies. (3) Obligations of any corporation wholly owned by the government of the United States. (4) Indebtedness of the Federal National Mortgage Association. (5) Time deposits in commercial banks, mutual savings banks, and savings and loan associations in the State of Washington. (e) Deposits in savings accounts in commercial banks, mutual savings banks, and savings and loan associations in the State of Washington. (f) The investments selected must mature on or prior to the date set for completion of the contract, including extensions thereof or forty‐five (45) days following the Final Acceptance of the improvement or work. Interest on such investments shall be paid to Contractor as it accrues. (g) Escrow Costs and Fees: All escrow costs and fees shall be paid by Contractor, in accordance with the Escrow Agreement. (h) Release of Escrow Investments to Contractor: Upon Final Acceptance and the expiration of forty‐five (45) days following the date of Acceptance, and contingent upon Contractor's compliance with provisions of the public works statutes, Owner will issue written instructions to the bank to release to Contractor the investments held in escrow. If there should be either unpaid taxes or other unsatisfied claims against the retained percentage, the provisions of the Escrow Agreement will govern. C. Submit draft Application for Payment to Owner for approval 10 days prior to submittal of actual Application for Payment. D. Present required information in digital form. E. Form: As approved by the Owner F. Execute certification by signature of authorized officer. G. Use data from approved Schedule of Values. Provide dollar value in each AGENDA ITEM #7. g) 01 20 00 – PAGE 5 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES column for each line item for portion of work performed. H. List each authorized Change Order as a separate line item, listing Change Order number and dollar amount as for an original item of Work. I. Submit one signed digital image of each Application for Payment. J. Include the following with the application: 1. Construction progress schedule, revised and current as specified in Section 01 32 16. 2. Partial release of liens from major Subcontractors and vendors. 3. Affidavits attesting to off‐site stored products if any. 4. Statements of Intents to Pay Prevailing Wages as documented by the Washington State Department of Labor and Industries for each contractor or subcontractor included on the Pay Application. 5. List with Contractor, sub‐contractors, and all sub‐sub‐contractors invoice amounts, UBI number, and Affidavit of Intent’s number. K. When Owner requires substantiating information, submit data justifying dollar amounts in question. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. 1.5 MODIFICATION PROCEDURES A. Owner will advise of minor changes in the Work not involving an adjustment to Contract Sum or Contract Time as authorized by the Conditions of the Contract by issuing supplemental instructions on Owner's standard form. B. For other required changes, Owner will issue a Field Authorization (FA) signed by the Owner, A/E and Contractor instructing Contractor to proceed with the change, for subsequent inclusion in a Change Order. 1. The document will describe the required changes, will identify an initial estimate of the probable cost of any changes, and will designate method of determining any change in Contract Sum or Contract Time. 2. Promptly execute the change. C. For changes for which advance pricing is desired, Owner will issue a request for Change Order Proposal (COP) that includes a detailed description of a AGENDA ITEM #7. g) 01 20 00 – PAGE 6 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES proposed change with supplementary or revised drawings and specifications, a change in Contract Time for executing the change and the period of time during which the requested price will be considered valid. Contractor will prepare and submit a fixed price quotation within 14 days. D. Contractor may propose a change by submitting a request for change to Owner, describing the proposed change and its full effect on the Work, with a statement describing the reason for the change, and the effect on the Contract Sum and Contract Time with full documentation. E. Computation of Change in Contract Sum: Will be as specified in the Agreement and the General Conditions. 1. For change requested by Owner for work falling under a fixed price contract, the amount will be based on Contractor's price quotation. 2. For change requested by Contractor, the amount will be based on the Contractor's request for a Change Order as approved by Owner. 3. For change ordered by Owner without a quotation from Contractor, the amount will be determined by Owner based on the Contractor's substantiation of costs as specified for Time and Material work. F. Substantiation of Costs: Provide full information required for evaluation. 1. Provide following data: a. Quantities of products, labor, and equipment. b. Taxes, insurance, and bonds. c. Overhead and profit. d. Justification for any change in Contract Time. e. Credit for deletions from Contract, similarly documented. f. Invoices and receipts for products, equipment, and subcontracts, similarly documented. g. For Time and Material work, submit itemized account and supporting data after completion of change, within time limits indicated in the Conditions of the Contract. G. Execution of Change Orders: Owner will issue Change Orders for signatures of parties as provided in the Conditions of the Contract. H. After execution of Change Order, promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate AGENDA ITEM #7. g) 01 20 00 – PAGE 7 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 20 00 JANUARY 8, 2020 PRICE AND PAYMENT PROCEDURES line item and adjust the Contract Price. I. Promptly revise progress schedules to reflect any change in Contract Time, revise sub‐schedules to adjust times for other items of work affected by the change, and resubmit. J. Promptly enter changes in Project Record Documents. 1.5 APPLICATION FOR FINAL PAYMENT A. Prepare Application for Final Payment as specified for progress payments, identifying total adjusted Contract Sum, previous payments, and sum remaining due. B. Application for Final Payment will not be considered until the following have been accomplished: 1. Closeout procedures specified in Section 01 70 00. 2. Contractor's Certification of Payment of Debts Claims. 3. Contractor's Certificate of Release of Liens. 4. Owner's approval of Closeout Submittals specified in Section 01 78 00. 5. Completion of punchlist with Owner’s approval. 6. Completion of all Change Orders. 7. Submittal of Affidavit of wages paid for Contractor and subcontractors. 8. L&I release. 9. Sign‐off of all required permits. 10. Posting of Certificate of Occupancy. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION ‐ NOT USED END OF SECTION AGENDA ITEM #7. g) 01 21 00 – PAGE 1 OF 1 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 21 00 JANUARY 8, 2020 PREVAILING WAGE RATES SECTION 01 21 00 PREVAILING WAGE RATES PART 1 – GENERAL 1.1 SUMMARY A. This project, located in King County Washington, is subject to the payment of prevailing wages to all workers. It is the contractor’s responsibility to determine and use the applicable rates for the appropriate area of the state, as published by the Washington State Department of Labor and Industries. These rates are available on the web at https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx. 1. Contractor must include these provisions in all subcontracts for work performed under this Contract. B. The “Effective Date” for prevailing wages for this project is the Bid Form due date above. Upon written request, the Owner will mail a hard copy of the applicable prevailing wages for this project. PART 2 ‐ PRODUCTS (NOT USED) PART 3 ‐ EXECUTION (NOT USED) END OF SECTION AGENDA ITEM #7. g) 01 30 00 – PAGE 1 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS SECTION 01 30 00 ADMINISTRATIVE REQUIREMENTS PART 1 – GENERAL 1.1 SECTION INCLUDES A. Administration and supervisory personnel. B. Communication procedures. C. Project meetings. D. Preconstruction meeting. E. Site mobilization meeting. F. Progress meetings. G. Coordination procedures. H. Submittal Types. I. Submittals for review and information. J. Number of copies of submittals. K. Submittal procedures. L. Daily Progress reports. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. B. Section 01 10 00 ‐ Summary of Work: Work sequence and Owner occupancy. C. Section 01 32 16 ‐ Construction Schedule: Form, content, and administration of schedules. D. Section 01 40 00 ‐ Quality Requirements: Procedural requirements for quality assurance and quality control. E. Section 01 70 00 ‐ Execution and Closeout Requirements: Additional coordination requirements. F. Section 01 78 00 ‐ Closeout Submittals: Project record documents. AGENDA ITEM #7. g) 01 30 00 – PAGE 2 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS 1.3 SUBMITTALS A. Personnel list: For principal staff assignments. Include areas of responsibility, addresses, and phone numbers for 24‐hour‐contact. Include back‐up personnel. B. Coordination drawings. C. Superintendent Daily Reports: Submit at weekly intervals. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION 3.1 ADMINISTRATION AND SUPERVISORY PERSONNEL A. Provide designated Project Manager, Superintendent and other administrative and supervisory personnel as required for proper performance of the Work. 3.2 COMMUNICATION PROCEDURES A. General 1. Address all Project correspondence through Owner. Do not contact Owner sub consultants directly, unless directed otherwise. Contractor's subcontractors will not directly contact the Owner, Engineer, or Engineer’s sub consultants. 2. Owner will issue all instructions, whether verbal or written. No other instructions will be recognized. Owner will confirm verbal instructions in writing to Contractor. a. Exception: Minor clarifications may be confirmed in site reports or meeting minutes. 3. Format: Number correspondence sequentially beginning with Serial Letter No. 1. Include project title and number on all correspondence. B. Requests for Information 1. When field conditions or Contract Documents require clarification or verification by the Architect or Architect’s sub consultants, submit a written Request for Information (RFI) to the Owner. 2. Format: Number RFI's sequentially using a consistent form approved by Owner, containing the following information: a. Project name and number. b. RFI number (three digits, beginning with 001). c. Date of request. AGENDA ITEM #7. g) 01 30 00 – PAGE 3 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS d. Date of required response. e. Subject title. f. Initiator of request. g. Contract Document reference (drawing and/or specification). h. Location on site. i. Description of issue. j. Contractor's proposed solution, if known. k. Cost impacts, if known. l. Space adequate for Architect's review acknowledgement and reply. 3. Provide only one question per RFI. 4. Route RFI's in same manner as Project correspondence. 5. Allow 10 working days for Owner to issue response. 6. Owner reserves the right to void any RFI whose resolution is already contained within the Contract Documents. 3.3 PROJECT MEETINGS A. Preconstruction Meeting 1. Owner will schedule a meeting to take place before or on the date for Notice to Proceed. 2. Attendance Required: a. Owner. b. Engineer and selected consultants. c. Contractor, including Project Manager, Superintendent, QAM, and major site related subcontractors. d. City Parks, Facilities, and Development Services staff. 3. Agenda: a. Distribution of Contract Documents. b. Designation of project personnel. c. Procedures and processing of field decisions, submittals, and substitutions, applications for payments, proposal request, Change Orders, Record drawings and Contract closeout. d. Scheduling, early occupancy. e. Working hours. f. Responsibility for temporary facilities and controls. g. Construction related air quality control procedures. h. Safety. i. Security. j. Site access, traffic control, parking availability. 4. Owner will record minutes and provide copies to Engineer and AGENDA ITEM #7. g) 01 30 00 – PAGE 4 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS Contractor for their distribution to all parties affected by decisions or actions resulting from the meeting. B. Progress Meetings 1. Attend progress meetings at bi‐monthly intervals or as required by the Owner. Coordinate meeting schedule with preparation of applications for payment. 2. Owner will prepare agenda and preside at meetings. 3. Attendance Required: a. Owner. b. Engineer and required sub consultants. c. Contractor, including Project Manager, Superintendent. d. Others as appropriate, such as but not limited to; Major Subcontractors, Suppliers, Manufacturers Representatives, and Consultants. 4. Agenda: a. Safety Report. b. Review minutes of previous meetings for any discrepancies and correct or approve. c. Review of Work progress since previous meeting. d. Look Ahead Schedule: Provide three (3) week look ahead simplified bar chart schedule coordinated and interfaced with project CPM schedule. e. Coordination issues, field observations, problems, and decisions. f. Identification of problems that impede, will impede, or present the potential for impeding planned progress. Identify corrective measures to regain projected schedules. g. Review Non‐conforming work and status of correction. h. Review of submittals schedule and status of submittals. i. Review of off‐site fabrication and delivery schedules. j. Review Requests for Information status. k. Review issuance of Supplemental Instructions. l. Review Contract Modifications status, including any effect on coordination and progress schedule. m. Maintenance of quality and work standards. n. Other business relating to Work. 5. Owner will record minutes and provide copies to Engineer and Contractor for their distribution to all parties affected by decisions or actions resulting from the meeting. AGENDA ITEM #7. g) 01 30 00 – PAGE 5 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS a. Required performance results. b. Protection of construction and personnel. 3.4 COORDINATION PROCEDURES A. Coordinate construction operations to ensure orderly and efficient installation of each part of the Work, with due consideration of those features of the Work dependent on each other for proper installation, connection, and operation. Ensure full accessibility for required maintenance, service, and repair. Make adequate accommodations for items scheduled for installation by others. B. When necessary to assure coordination, provide memoranda for distribution to each party involved, describing special coordination procedures. Include such items as required notices, reports, and meetings. 1. Prepare similar memoranda for Owner and separate contractors if coordination of their work is required. C. Coordination Meetings: Superintendent will conduct coordination meetings at appropriate intervals. Project coordination meetings are in addition to specific meetings held for other purposes, such as progress and pre‐ installation meetings. 1. Required Attendees: a. Superintendent b. Subcontractors c. Suppliers d. Other entities concerned with current progress or involved in planning, coordination, or performance of future activities. 2. Agenda: a. Scheduling. b. Interface requirements. c. Off‐site fabrication. d. Access requirements. e. Site utilization. f. Temporary facilities and controls. g. Quality standards. 3.5 SUBMITTAL TYPES A. Product Data: Manufacturer's standard published data. Product data includes, as applicable, manufacturer's catalog cuts, written recommendations, specifications, and installation instructions; factory installed wiring diagrams; printed performance curves; operational range diagrams; compliance with AGENDA ITEM #7. g) 01 30 00 – PAGE 6 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS recognized standards; testing agency labels, and other standard information. Mark each copy to identify applicable products, models, options, and other data. B. Shop Drawings: Project‐specific information as depicted through fabrication and installation drawings, dimensions (field and factory), roughing‐in and setting diagrams, design calculations, coordination requirements, and other project‐specific information. C. Samples for Selection: Manufacturer's accurately printed or actual samples showing full range of available features, options, colors, textures, and patterns. D. Samples for Verification: Project‐specific samples of actual products, illustrating functional and aesthetic characteristics and including all integral parts and attachment devices. Provide actual finishes in selected colors, textures, and patterns. E. Schedules: A form of shop drawing, typically presented in tabular form and summarizing key features of the Work. Not to be confused with construction progress schedule specified in Section 01 32 16. H. Qualification Data: Written information demonstrating the capabilities and experience of a firm or person. I. Certificates: Written statements certifying compliance with requirements. Submit product, installer, manufacturer, and material certificates on manufacturer's letterhead. Submit welding certificates on AWS or WABO forms or as required by authorities having jurisdiction. J. Test Reports: Reports written by a qualified testing agency, indicating and interpreting test results of materials or products for compliance with requirements. K. Inspection Reports: Reports written by a qualified inspection agency, indicating and interpreting inspection results of materials, products, or assemblies for compliance with requirements. L. Research/Evaluation Reports: Written evidence, from a model code organization acceptable to authorities having jurisdiction, that product complies with building code(s) in effect for Project. M. Manufacturer's Field Reports: Written information documenting factory‐ authorized service representative's tests and inspections. N. Project Record Documents, Operation & Maintenance Data, and Warranties and Bonds: Combination of submittal types, submitted at project closeout. See Section 01 78 00. AGENDA ITEM #7. g) 01 30 00 – PAGE 7 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS O. Material Safety Data Sheets: Submit directly to Owner. P. Others as indicated. 3.6 SUBMITTALS FOR OWNER'S REVIEW A. When the following are specified in individual sections, submit them for review: 1. Product data. 2. Shop drawings. 3. Samples for selection. 4. Samples for verification. 5. Schedules. 6. Qualification Data. 7. Division 1 submittals (plans, construction progress schedules, lists, reports, closeout submittals, etc.) specified in individual Division 1 sections. B. Submit to Owner for review for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. C. Samples will be reviewed only for aesthetic, color, or finish selection. D. After review, provide copies and distribute in accordance with SUBMITTAL PROCEDURES article below and for record documents purposes described in Section 01 78 00 ‐ CLOSEOUT SUBMITTALS. 3.7 SUBMITTALS FOR PROJECT CLOSEOUT A. When the following are specified in individual sections, submit them at project closeout: 1. Project record documents. 2. Operation and maintenance data. 3. Warranties. 4. Bonds. 5. Permits. 6. Other types as indicated. B. Submit for Owner's benefit during and after project completion. 3.8 NUMBER OF COPIES OF SUBMITTALS A. Submittals may be submitted electronically in a format or system acceptable to the Owner. Access to the document shall not require special programming, software, or other proprietary systems. Shop Drawings may be submitted electronically but will also require submission of one full‐size printed copy. At the completion of the project, the contractor shall provide a compiled digital record on a storage device acceptable to the Owner. Additionally, they shall provide one physical AGENDA ITEM #7. g) 01 30 00 – PAGE 8 OF 8 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 30 00 JANUARY 8, 2020 ADMINISTRATIVE REQUIREMENTS copy of all project submittals, organized by specification sections and contained in 3‐ ring binders with tabs, titles, and edge identification. B. Superintendents Daily Report 1. For each Project calendar day beginning with the date of Notice to Proceed, prepare a report concerning events at the Project site as follows: a. List of subcontractors on site. b. Number of personnel on site, and general responsibilities. c. Equipment on site. d. Material deliveries. e. High and low temperatures and general weather conditions. f. Accidents. g. Meetings and significant decisions. h. Unusual events, as described under Special Reports below. i. Stoppages, delays, shortages, and losses. j. Emergency procedures. k. Orders and requests of authorities having jurisdiction. l. Supplemental Instructions received and implemented. m. Change Orders received and implemented. n. Field Authorizations received, and documentation of activities covered under same. o. Services connected and disconnected. p. Equipment or system tests and startups. Electronically transmit the daily reports to the Owner on every‐other week basis. 2. Special Reports: When an event of an unusual and significant nature occurs at Project site, whether or not directly related to the Work, prepare and submit a special report directly to the Owner within one day of the occurrence. List chain of events, persons participating, and response by Contractor's personnel, evaluation of results or effects, and similar information. Advise Owner in advance when these events are known or predictable. END OF SECTION AGENDA ITEM #7. g) 01 32 16– PAGE 1 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 32 16 JANUARY 8, 2020 CONSTRUCTION SCHEDULE SECTION 01 32 16 CONSTRUCTION SCHEDULE PART 1 – GENERAL 1.1 SECTION INCLUDES A. Construction progress schedule, bar chart type. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General Conditions for Washington State Facility Construction, Supplemental Conditions for Washington State Facilities Construction, and other Division 1 Specification sections, apply to this Section. B. Section 01 00 10 ‐ Summary: For work sequence, Owner occupancy, and Owner‐ furnished items. C. Section 00 12 00 ‐ Payment Procedures: For schedule of values. D. Section 01 03 00 – Administrative Requirements: For superintendent's daily progress reports. 1.3 REFERENCES A. Comply with AGC (CPSM) ‐ Construction Planning and Scheduling Manual; Associated General Contractors of America; 2004. 1.4 SUBMITTALS A. Construction Progress Schedule: Indicate complete construction sequence, from Notice to Proceed through Final Completion. 1. Submit within 7 days of Notice to Proceed. 2. Include written certification that major contractors have reviewed and accepted proposed schedule. 3. Submit updated schedule with each Application for Payment. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION 3.1 CONTENT A. The Schedule format shall be a network analysis of the critical path method (CPM). Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. 1. Break down work so that no activity is longer than 21 days, unless specifically allowed by Owner. AGENDA ITEM #7. g) 01 32 16– PAGE 2 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 32 16 JANUARY 8, 2020 CONSTRUCTION SCHEDULE 2. List submittals, materials procurement, and installation as separate line items. 3. List all permit submittals showing submittal and anticipated issuance dates 4. List all Owner supplied material delivery dates on schedule 5. List all Work by Owner completion dates on schedule 6. The schedule shall include sufficient time for cleaning, punch list review, and completion of punch list items prior to the designated substantial completion date. B. Identify each activity by specification section number. C. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. D. Indicate procurement activities for long‐lead and major items, including submittal, approval, and fabrication activities. E. Coordinate content with schedule of values. F. Provide legend for symbols and abbreviations used. G. Contract Modifications: For each proposed contract modification, and concurrent with its submission, prepare a time‐impact analysis using the current approved schedule to demonstrate the effect of the proposed change on the overall project schedule. 3.2 BAR CHARTS A. Include a separate bar for each major portion of Work or operation. B. Identify the first work day of each week. 3.3 REVIEW AND EVALUATION OF SCHEDULE A. Participate in joint review and evaluation of schedule with Owner at each submittal. B. Evaluate project status to determine work behind schedule and work ahead of schedule. C. After review, revise as necessary as result of review, and resubmit within 5 days. 3.4 UPDATING SCHEDULE A. Maintain schedules to record actual start and finish dates of completed activities. B. Indicate progress of each activity to date of revision, with projected completion date of each activity. C. Annotate diagrams to graphically depict current status of Work. D. Identify activities modified since previous submittal, major changes in Work, and other identifiable changes. AGENDA ITEM #7. g) 01 32 16– PAGE 3 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 32 16 JANUARY 8, 2020 CONSTRUCTION SCHEDULE E. Indicate changes required to maintain Date of Substantial Completion. F. Submit reports required to support recommended changes. G. Provide narrative report to define problem areas, anticipated delays, and impact on the schedule. Report corrective action taken or proposed and its effect. 3.5 DISTRIBUTION OF SCHEDULE A. Distribute copies of updated schedules to General Contractor's project site file, to Subcontractors, suppliers, and Architect/Engineer and to the Owner. B. Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules. END OF SECTION AGENDA ITEM #7. g) 01 40 00 – PAGE 1 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS SECTION 01 40 00 QUALITY REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Administrative and procedural requirements for Quality assurance and Quality control. B. Mock‐ups. C. Control of installation. D. Tolerances. E. Testing and inspection agencies and services. F. Control of installation. G. Tolerances. H. Manufacturers' field services. I. Defect Assessment. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and other Division 1 Specification sections, apply to this Section. B. Section 01 40 00 – Quality Requirements. C. Section 01 42 16 ‐ Definitions. 1.3 REFERENCE STANDARDS 01 40 00 – Quality Requirements. A. NRTL: A nationally recognized testing laboratory according to 29 CFR 1910.7. B. NVLAP: A testing agency accredited according to NIST's National Voluntary Laboratory Accreditation Program. 1.4 DEFINITIONS A. Quality Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and to ensure that proposed construction complies with requirements. B. Quality Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work used to evaluate that actual products incorporated into the Work comply with requirements. Services do not include Contract enforcement activities performed by Architect. AGENDA ITEM #7. g) 01 40 00 – PAGE 2 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS 1.5 SUBMITTALS A. See Section 01 30 00 ‐ ADMINISTRATIVE REQUIREMENTS, for submittal procedures. B. Project Quality Plan (PQP): Submit within 14 days of the Notice to Proceed a written plan detailing the organization and procedures proposed to achieve quality assurance and quality control so that materials, products, workmanship, on‐site and off‐site fabrication, construction, and operations are in compliance with the Contract Documents and within generally accepted quality standards for similar work. Demonstrate a thorough knowledge of Contract requirements. The PQP is intended to function as a "living document," anticipating requirements and documenting results. At minimum, the PQP will include the following: 1. Qualification Data: For Contractor‐provided testing agencies, to demonstrate their capabilities and experience, include proof of qualifications in the form of a recent agency inspection report performed by a recognized authority. 2. Schedule of Tests and Inspections: For all required tests and inspections. Prepare in tabular form and include the following: a. Specification Section number and title. b. Description of test or inspection. c. Identification of applicable standards. d. Identification of test and inspection methods. e. Number/frequency of tests and inspections required. f. Time schedule (or time span) for tests and inspections. g. Entity responsible for performing tests and inspections. h. Requirements for obtaining samples. i. Unique characteristics of each quality control service. 3. Test and Inspection Log: For use in Part 3 of this Section. C. Superintendent Daily Reports: Submit at bi‐monthly intervals. D. Permits, Licenses, and Certificates: For Owner's records, submit copies of permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.6 QUALITY ASSURANCE A. Delegated Design: Where professional design services or certifications by a design professional are specifically required of Contractor, provide products and AGENDA ITEM #7. g) 01 40 00 – PAGE 3 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS systems complying with indicated performance and design criteria, or where not indicated, with performance and design criteria of authorities having jurisdiction. In addition to shop drawings, product data, and other required submittals, submit a statement, signed and sealed by the responsible design professional, for each product and system specifically assigned to Contractor to be designed or certified by a design professional, indicating that the products and systems are in compliance with performance and design criteria indicated. Include the list of codes, loads, and other factors used in performing these services. 1. Professional Engineer Qualifications: A professional legally qualified to practice in the State of Washington and experienced in providing engineering services of the kind indicated. B. Basic Quality Assurance Qualifications: Wherever the Specifications refer to installers, manufacturers, fabricators, specialists, or factory‐authorized service representatives, provide entities with the following qualifications: 1. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material, design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in‐service performance. 2. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in‐service performance. 3. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in‐service performance, as well as sufficient production capacity to produce required units. 4. Specialists: Certain sections of the Specifications require that specific construction activities be performed by recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. a. Requirements for specialists shall not supersede building codes and regulations governing the Work. 5. Factory‐Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products similar in material, design, and extent to those indicated for this Project. AGENDA ITEM #7. g) 01 40 00 – PAGE 4 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS 1.7 QUALITY CONTROL A. Owner will employ and pay for services of an independent Testing Agency to perform construction materials testing and inspections services as indicated under the Structural General Notes in the drawings. B. Employment of agency in no way relieves Contractor of obligation to perform Work in accordance with requirements of Contract Documents. C. Preconstruction Testing: Where approval of materials, products, or equipment depends on existing test results or preconstruction testing not specifically assigned to the Owner's Testing Agency, Contractor shall provide evidence of test results or, if necessary, shall arrange and pay for testing agency services. 1. Testing Agency Qualifications: An NRTL‐recognized, NVLAP‐accredited, or independent agency with the experience and capability to conduct testing and inspecting indicated, as documented according to ASTM E 548, and with additional qualifications specified in individual sections and as required by authorities having jurisdiction. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION 3.1 CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality. B. Comply with manufacturers' instructions, including each step‐in sequence. C. Should manufacturers' instructions conflict with Contract Documents, request clarification from Owner before proceeding. D. Comply with specified standards as minimum quality for the Work except where more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E. Have Work performed by persons qualified to produce required and specified quality. F. Verify that field measurements are as indicated on shop drawings or as instructed by the manufacturer. G. Secure products in place with positive anchorage devices designed and sized to withstand stresses, vibration, physical distortion, and disfigurement. AGENDA ITEM #7. g) 01 40 00 – PAGE 5 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS 3.2 MOCK‐UPS A. Before installing portions of the Work where mock‐ups are required, construct mock‐ups in location and size indicated for each form of construction and finish required to comply with the following requirements, using materials indicated for the completed Work. The purpose of mock‐up is to demonstrate the proposed range of aesthetic effects and workmanship. B. Provide supervisory personnel who will oversee mock‐up construction. Provide workers that will be employed during the construction at Project. C. Assemble and erect Mock‐ups with specified materials, components, attachments, anchorage devices, flashings, seals, and finishes. D. Obtain Owner's approval of mock‐ups before starting work, fabrication, or construction. 1. Owner will issue written comments within seven (7) working days of initial review and each subsequent follow up review of each mock‐up. 2. Make corrections as necessary until Owner's approval is issued. E. Accepted mock‐ups shall be a comparison standard for the remaining Work. F. Mock‐ups will be removed at completion of construction unless specified to remain. Where allowed to remain, protect from all damage. G. Where possible salvage and recycle the demolished mock‐up materials. 3.3 TOLERANCES A. Monitor fabrication and installation tolerance control of products to produce acceptable Work. Tolerances will not be cumulative. B. Comply with manufacturers' tolerances. Should manufacturers' tolerances conflict with Contract Documents, request clarification from Owner before proceeding. C. Adjust products to appropriate dimensions; position before securing products in place. 3.4 TEST AND INSPECTION LOG A. Prepare and maintain a record of tests and inspections. Include the following: 1. Date of test or inspection. 2. Description of Work tested or inspected. 3. Identification of testing agency or special inspector conducting test or inspection. 4. Test or inspection results. 5. Date test or inspection results were transmitted to Owner. AGENDA ITEM #7. g) 01 40 00 – PAGE 6 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS B. Maintain log at Project site. Post additions and modifications as they occur. Provide access to test and inspection log for Owner's reference during normal working hours and prior to each Application for Payment. 3.5 TESTING AND INSPECTION A. Testing Agency Duties: 1. Provide qualified personnel at site. Cooperate with Owner and Contractor in performance of services. 2. Perform specified sampling and testing of products in accordance with specified standards. 3. Ascertain compliance of materials and mixes with requirements of Contract Documents. 4. Promptly notify Owner and Contractor of observed irregularities or non‐ conformance of Work or products. 5. Perform additional tests and inspections required by Owner. 6. Attend preconstruction meetings. 7. Submit reports of all tests/inspections specified. B. Limits on Testing/Inspection Agency Authority: 1. Agency may not release, revoke, alter, or enlarge on requirements of Contract Documents. 2. Agency may not approve or accept any portion of the Work. 3. Agency may not assume any duties of Contractor. 4. Agency has no authority to stop the Work. C. Contractor Responsibilities: 1. Cooperate with laboratory personnel, and provide access to the Work. 2. Provide incidental labor and facilities: a. To provide access to Work to be tested/inspected. b. To obtain and handle samples at the site or at source of Products to be tested/inspected. c. To facilitate tests/inspections. d. To provide storage and curing of test samples. 3. Schedule tests and inspections with Testing Agency. Notify Architect and laboratory 24 hours prior to expected time for operations requiring testing/inspection services. 4. Employ services of an independent qualified testing laboratory and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. 5. Arrange with Owner's agency and pay for additional samples, tests, and inspections required by Contractor beyond specified requirements. D. Re‐testing required because of non‐conformance to specified AGENDA ITEM #7. g) 01 40 00 – PAGE 7 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 40 00 JANUARY 8, 2020 QUALITY REQUIREMENTS requirements shall be performed by the same agency on instructions by Owner. E. Re‐testing required because of non‐conformance to specified requirements shall be paid for by Contractor by deducting testing charges from the Contract Sum. 3.6 MANUFACTURERS' FIELD SERVICES A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, as applicable, and to initiate instructions when necessary. B. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. 3.7 DEFECT ASSESSMENT A. Replace Work or portions of the Work not conforming to contract document requirements. B. If, in the opinion of Owner, it is not practical to remove and replace the Work, Owner will direct an appropriate remedy or adjust payment. C. Maintain a Log of Non‐conforming work, tracking items from instance of identification to resolution. 3.8 SUPERINDENDENT DAILY REPORTS A. Write daily reports for each calendar day, beginning with date of Notice to Proceed, on form(s) approved by Owner. Daily Reports will be factual records containing numerical data of the Work and quality assurance and control activities. Identify deficiencies in daily reports and in Non‐Conforming Work Log as they occur and as they are resolved. Do not address production issues unless they impact quality assurance or quality control. B. Superintendent shall sign and date all reports. Verification shall include a statement that all materials and products incorporated into the Work are in compliance with the terms of the Contract except as noted. C. Submit copies of daily reports at each Progress Meeting. END OF SECTION AGENDA ITEM #7. g) 01 42 16 – PAGE 1 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 42 16 JANUARY 8, 2020 DEFINITIONS SECTION 01 42 16 DEFINITIONS PART 1 – GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and other Division 1 Specification sections, apply to this Section. 1.2 SUMMARY A. This section supplements the definitions contained in the General Conditions. In case of conflict, the General Conditions will take precedence. B. Other definitions are included in individual specification sections. 1.3 SPECIFICATION FORMAT AND CONTENT A. Specifications Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 2016 MasterFormat. B. Specification Content: 1. Language: This specification uses certain conventions in the use of language and the intended meaning of certain terms, words and phrases when used in particular situations or circumstances. These conventions are explained as follows: a. Wording of the contract documents is abbreviated or streamlined and frequently includes incomplete sentences. 1) Abbreviated word and terms shall be interpolated as sense requires. Singular words shall be interpreted as plural and plural words interpreted as singular where applicable to the context indicated. b. These specifications are written in imperative mood. This imperative phraseology is directed to the Contractor, unless specifically noted otherwise. c. The terms "Shall", "Shall be", "Will", and "Will be" and similar words and phrases are defined to have compulsory meaning. 2. Assignment of Specialists: a. The specification requires that certain specific construction activities shall be performed by specialists who are recognized experts in the operations to be performed. The specialist must be engaged for those activities, and their assignments are requirements over which the Contractor has no choice or option. However, the responsibility for fulfilling Contract requirements remains with the Contractor. AGENDA ITEM #7. g) 01 42 16 – PAGE 2 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 42 16 JANUARY 8, 2020 DEFINITIONS b. This requirement shall not be interpreted to conflict with enforcement of building codes and similar regulations governing the work. It is also not intended to interfere with local trade union jurisdictional settlements and similar conventions. c. Use of titles such as "carpentry" in not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as "carpenter". It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. d. The term "Installer" shall be used to refer to all specialists. 1.4 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. Terminology ‐ Certain terms used more generally throughout the contract documents are defined as follows: 1. Addenda: Additions made to the contract documents during the bidding period. Used to revise, delete, or add to any of the bidding requirements or contract documents. 2. Approve: Where used in conjunction with the Owner's response or submittals, requests, applications, inquiries, reports, and claims by the Contractor, the meaning will be held to the limitations of the Owner's responsibilities and duties as specified in Section 00 7200, General Conditions of the Contract. 3. Confirm: Confirm or verify dimension or condition and notify Owner of findings prior to proceeding with the work. 4. Construction Documents: All of the written and graphic documents prepared and assembled by the Owner for communicating the design and administering the construction contract. They include the following categories: bidding requirements, contract forms, and conditions of the contract, specifications, drawings, addenda and contract modifications. This term is interchangeable with "contract documents". 5. Contract Documents: The legally enforceable requirements which become part of the contract when the agreement is signed. Including the bid package, project manual and all related documents including construction documents. See "construction documents" above. 6. Contract Modifications ‐ After agreement has been signed, any additions, deletions, or modifications to the work are accomplished by supplemental instructions or change order. 7. Directed: Where not otherwise explained, terms such as "directed", "requested", "authorized", "selected", "approved", "permitted", "required", AGENDA ITEM #7. g) 01 42 16 – PAGE 3 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 42 16 JANUARY 8, 2020 DEFINITIONS and "accepted" mean "directed by the Owner ", "requested by the Owner ", etc. However, no such implied meaning will be interpreted to extend the Architect's responsibility into the Contractor’s area of construction supervision. 8. Drawings: Graphic representations of the work. 9. Furnish: To supply and deliver to project site, unload, and inspect for damage. 10. Install: To unpack, assemble, erect, apply, place, anchor, finish, cure, protect, clean, start up, protect, and similar operations and make ready for use. 11. Installer: The person or entity engaged by the Contractor or its subcontractor or sub‐ subcontractor for the performance of a particular unit of work at the project site, including installations, erections, applications, and similar required operations. It is a general requirement that installers be recognized experts in the work they are engaged to perform. 12. Product: Material, machinery, components, equipment, fixtures, and systems forming the work result. Not materials or equipment used for preparation, fabrication, conveying, or erection and not incorporated into the work result. Products may be new, never before used, or re‐used materials or equipment. 13. Project Manual: The book‐sized (8 1/2 by 11‐inch format and bound) volume that includes the procurement requirements (if any), the contracting requirements, and the specifications. 14. Project Site: The space available to the Contractor for the performance of the work, either exclusively or in conjunction with others performing other work as part of the project. The extent of the project site is shown on the drawings and may or may not be identical with the description of the land upon which the project is built. 15. Provide: To furnish and install, complete and ready for intended use. 16. Record Drawings: Drawings prepared by the Contractor to indicate construction changes, including nature and location of concealed work. 17. Shop Drawings: Drawings, schedules, and other information prepared by the Contractor to describe fabrication and installation of elements of the work. 18. Specifications: Define the qualitative requirements for products, materials and workmanship upon which the contract is based. 19. Supply: Same as Furnish. 20. Testing Agency: An independent entity engaged to perform specific inspections or tests of the work, both at the project site or elsewhere, and to report and, if required, to interpret the results of those inspections or AGENDA ITEM #7. g) 01 42 16 – PAGE 4 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 42 16 JANUARY 8, 2020 DEFINITIONS tests. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION ‐ NOT USED END OF SECTION AGENDA ITEM #7. g) 01 50 00 – PAGE 1 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 50 00 JANUARY 8, 2020 TEMPORARY FACILITIES AND CONTROLS SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 – GENERAL 1.1 SECTION INCLUDES A. Temporary utilities. B. Temporary telecommunication services. C. Temporary sanitary facilities. D. Temporary Controls: barriers, enclosures, fencing, etc. E. Security requirements. F. Vehicular access and parking. G. Waste removal facilities and services. H. Field offices. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. 1.3 TEMPORARY UTILITIES A. General: Cost or use charges for temporary facilities shall be included in the Contract Sum. Allow other entities to use temporary services and facilities without cost, including but not limited to, Owner's construction forces, Architect, consultants, occupants of the project, testing agencies and authorities having jurisdiction. B. All costs associated with preparing utilities for use is the sole responsibility of the Contractor. C. Usage costs for temporary site utilities will be provided the Contractor. 1.4 TELECOMMUNICATIONS SERVICES A. Provide, maintain, and pay for telecommunications services to project site at time of project mobilization. 1.5 TEMPORARY SANITARY FACILITIES A. Provide and maintain required facilities for use during construction AGENDA ITEM #7. g) 01 50 00 – PAGE 2 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 50 00 JANUARY 8, 2020 TEMPORARY FACILITIES AND CONTROLS operations. Do not use public facilities. 1.6 BARRIERS A. Provide barriers to prevent unauthorized entry to construction and staging/storage areas, to prevent access to areas that could be hazardous to workers or the public and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Protect stored materials, site, and structures from damage. 1.7 FENCING A. Construction: Commercial grade chain link fence. No orange roll‐up type fencing is allowed. B. Provide 6 foot (1.8 m) high fence around construction site; equip with vehicular and pedestrian gates with locks. 1.8 CONSTRUCTION AIDS A. Provide, operate, and maintain a complete plant for fabricating, handling, conveying, installing and erecting all Work required under the Contract. Maintain plant and equipment in safe and efficient operating condition. Contractor shall be responsible for damages due to defective plant and equipment and uses made thereof. B. Furnish, install, and maintain for the duration of construction all required barricades, canopies, warning signs, steps, bridges, platforms and other temporary construction necessary for proper completion of the work. Maintain in compliance with all pertinent safety and other regulations. 1.9 SECURITY A. Provide security and facilities to protect Work, and Owner's operations from unauthorized entry, vandalism, or theft. 1.10 VEHICULAR ACCESS AND PARKING A. Comply with regulations relating to use of park sidewalks, access to emergency facilities, and access for emergency vehicles. B. Provide and maintain access to fire hydrants, free of obstructions. C. Provide means of removing mud from vehicle wheels before entering pedestrian walkways, parking areas, park roads, and city streets. D. Comply with City traffic and parking regulations. E. Delivery and Storage: Conduct operations in such a manner as to avoid AGENDA ITEM #7. g) 01 50 00 – PAGE 3 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 50 00 JANUARY 8, 2020 TEMPORARY FACILITIES AND CONTROLS unnecessary interference to existing pedestrian and vehicle traffic. Do not park vehicles in traffic lanes. Provide flag persons, and traffic control signs and devices as required. Notify Owner in advance of any unusually long or large deliveries. Storage of materials adjacent to the Project site outside of the construction fence is not permitted unless authorized by the Owner. 1.11 WASTE REMOVAL A. Provide waste removal facilities and services as required to maintain the site in clean and orderly condition. B. Provide containers with lids. Remove trash from site on a regular basis as needed. C. If materials to be recycled or re‐used on the project must be stored on‐site, provide suitable non‐ combustible containers; locate containers holding flammable material outside the structure unless otherwise approved by the authorities having jurisdiction. 1.12 PROJECT IDENTIFICATION A. Provide project identification sign of design and construction per Section 01 58 13. 1.15 EQUIPMENT A. Fire Extinguishers: Portable, UL‐rated, with extinguishing agent as required by locations and classes of fire exposure. 1.16 REMOVAL OF UTILITIES, FACILITIES, AND CONTROLS A. Remove temporary utilities, equipment, facilities, materials, and prior to Substantial Completion inspection. B. Clean and repair damage caused by installation or use of temporary work. C. Restore existing facilities used during construction to original condition. D. Restore new permanent facilities used during construction to specified condition. 1.17 QUALITY ASSURANCE A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction, including but not limited to: 1. Building code requirements 2. Health and safety regulations 3. Utility company regulations 4. Police, Fire department and rescue squad rules 5. Environmental protection regulations B. Standards: 1. General: Comply with the following: AGENDA ITEM #7. g) 01 50 00 – PAGE 4 OF 4 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 50 00 JANUARY 8, 2020 TEMPORARY FACILITIES AND CONTROLS a. NFPA Code 241, "Building Construction and Demolition Operations". b. ANSI‐A10 Series standards for "Safety Requirements for Construction and Demolition". 2. Recommendations: Refer to "Guidelines for Bid Conditions for Temporary Job Utilities and Services" prepared jointly by AGC and ASC for industry recommendations. 3. Electrical Service: Comply with NEMA, NECA, and UL standards and regulations for temporary electrical service. Install service in compliance with NEC (NFPA 70). C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits. 1.18 PROJECT CONDITIONS A. Conditions of Use: 1. Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. 2. Take necessary fire prevention measures. 3. Do not overload facilities or permit them to interfere with Owner's operations. 4. Do not allow hazardous, dangerous, or unsanitary conditions or public nuisances to develop or persist on the site. 1.19 SUBMITTALS A. Temporary Facilities Site Plan: Show temporary facilities, utility connections, staging areas and parking areas for construction personnel. B. Temporary Utilities: Prepare a schedule for Owner's approval indicating dates for implementation and termination of each temporary utility provision. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION ‐ NOT USED END OF SECTION AGENDA ITEM #7. g) 01 57 00 – PAGE 1 OF 2 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 57 00 JANUARY 8, 2020 ENVIRONMENTAL CONTROLS SECTION 01 57 00 ENVIRONMENTAL CONTROLS PART 1 GENERAL 1.1 SECTION INCLUDES A. General Description of the Work: Maintain environmental controls by the Contractor until the acceptance of the Work. The work also includes compliance with all controls or ordinances with respect to site waste water, dust, and traffic. 1.2 SITE MAINTENANCE A. Contractor shall maintain site in order that materials and debris does not enter into waterways. Maintain environmental controls in compliance with regulatory agency permits and approvals. B. The Contractor shall keep the work site and staging areas clean and free from rubbish and debris. Materials and equipment shall be removed from the site when they are no longer necessary. C. Upon completion of the work and before final acceptance, the work site shall be cleared of equipment, unused materials and rubbish to present a clean and neat appearance in conformance with the present condition of the site. D. Clean‐up: Parking lot, trail, and walkways shall be cleaned prior to Substantial Completion and Final Acceptance. Waste material of any kind shall not be permitted to remain on the site of the work, the staging area, the park, or adjacent roads. Immediately upon such materials becoming unfit for use in the work, they shall be collected, removed from the site, and recycled or disposed of by the Contractor. In the event that waste or recyclable material, refuse, debris, and/or rubbish are not removed from the work by the Contractor, the City reserves the right to have the waste, recyclable material, refuse, debris and/or rubbish removed. The expense of the removal and disposal will be charged to the Contractor. E. Environmental Contaminant Prevention: Construction materials shall be handled with care to prevent entry of contaminants into surface waters, groundwater, storm drains, air, or soils. The AGENDA ITEM #7. g) 01 57 00 – PAGE 2 OF 2 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 57 00 JANUARY 8, 2020 ENVIRONMENTAL CONTROLS Contractor shall be responsible for all cleanup costs, fines and/or penalties incurred as a result of improper handling of materials used to perform the work. The Contractor shall be responsible for preventing dirt and dust from escaping from trucks and equipment entering or departing the project site by covering dusty loads, washing truck tires before leaving the site, and/or other reasonable methods. When working dump trucks and/or other equipment are on paved streets and roadways, the Contractor will be required to clean said streets if required by the City at the conclusion of each day’s operations. In the event that the above requirements are violated and no action is taken by the Contractor after notification of infraction by the City, the City reserves the right to have the streets in question cleaned by others and the expense of the operation will be charged to the Contractor. PART 2 PRODUCTS (NOT USED) PART 3 EXECUTION (NOT USED) END OF SECTION AGENDA ITEM #7. g) 01 58 13 – PAGE 1 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 58 13 JANUARY 8, 2020 TEMPORARY PROJECT SIGNAGE SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE PART 1 – GENERAL 1.1 SECTION INCLUDES A. Project identification sign. 1.2 QUALITY ASSURANCE A. Design sign and structure to withstand 50 miles/hr (80 km/hr) wind velocity. B. Sign Painter: Experienced as a professional sign painter for minimum three years. C. Finishes, Painting: Adequate to withstand weathering, fading, and chipping for duration of construction. 1.3 SUBMITTALS A. See Section 01 30 00 ‐ Administrative Requirements for submittal procedures. PART 2 PRODUCTS 2.1 SIGN MATERIALS A. Structure and Framing: New, wood, structurally adequate. B. Sign Surfaces: Exterior grade plywood with medium density overlay, minimum 3/4 inch (19 mm) thick, standard large size to minimize joints. C. Paint and Primers: Exterior quality, two coats; sign background of white color. D. Lettering: Exterior quality paint, contrasting colors. 2.2 PROJECT IDENTIFICATION SIGN A. (1) One painted sign, 4’x8’, bottom 6 feet (2 m) above ground. Locations to be directed by Owner. B. Content: 1. Project title, logo and name of Owner as indicated on Contract Documents. 2. Name of Engineer. 3. Name of Prime Contractor. 4. Contract Value. 5. Project Schedule. C. Graphic Design, Colors, Style of Lettering: See detail. AGENDA ITEM #7. g) 01 58 13 – PAGE 2 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 58 13 JANUARY 8, 2020 TEMPORARY PROJECT SIGNAGE PART 3 EXECUTION 3.1 INSTALLATION A. Receive approval from Owner of signage design prior to installation at site. B. Install project identification sign within 30 days after date fixed by Notice to Proceed. C. Erect at designated location, as directed by Owner. D. Install sign surface plumb and level, with butt joints. Anchor securely. 3.2 REMOVAL A. Remove signs, framing, supports, and foundations at completion of Project and restore the area. END OF SECTION AGENDA ITEM #7. g) 01 58 13 – PAGE 3 OF 3 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 58 13 JANUARY 8, 2020 TEMPORARY PROJECT SIGNAGE AGENDA ITEM #7. g) 01 70 00 – PAGE 1 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS SECTION 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS PART 1 GENERAL 1.1 SECTION INCLUDES A. Examination, preparation, and general installation procedures. B. Requirements for alterations work, including selective demolition, except removal, disposal, and/or remediation of hazardous materials and toxic substances. C. Pre‐installation meetings. D. Cutting and patching. E. Surveying for laying out the work. F. Cleaning and protection. 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. B. Section 01 50 00 ‐ Temporary Facilities and Controls: Temporary exterior enclosures. C. Section 01 74 19 ‐ Construction Waste Management and Disposal: Additional procedures for trash/waste removal, recycling, salvage, and reuse. D. Section 01 78 00 – Closeout Submittals: O & M, Record Drawings and other documents due at completion. 1.3 REFERENCE STANDARDS A. NFPA 241 ‐ Standard for Safeguarding Construction, Alteration, and Demolition Operations; 2009. 1.4 SUBMITTALS A. Qualification Data: For Land Surveyor (if used) B. Survey work: Submit name, address, and telephone number of Surveyor before starting survey work. 1. Submit documentation verifying accuracy of survey work. 2. Submit a copy of site drawing signed by the Land Surveyor, that the AGENDA ITEM #7. g) 01 70 00 – PAGE 2 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS elevations and locations of the work are in conformance with Contract Documents. 3. Submit digital record survey for the project record in AutoCAD format. Note final location of building, site improvements, benchmarks, and utilities. C. Cutting and Patching: Submit written request in advance of cutting or alteration that affects: 1. Structural integrity of any element of Project. 2. Integrity of weather exposed or moisture resistant element. 3. Efficiency, maintenance, or safety of any operational element. 4. Visual qualities of sight exposed elements. 5. Work of Owner or separate Contractor. 6. Include in request: a. Identification of Project. b. Location and description of affected work. c. Necessity for cutting or alteration. d. Description of proposed work and products to be used. e. Effect on work of Owner or separate Contractor. f. Written permission of affected separate Contractor. g. Date and time work will be executed. D. Project Record Documents: Per Section 01 78 00 1.5 QUALIFICATIONS A. For survey work, employ a land surveyor registered in State of Washington and acceptable to Owner. Submit evidence of Surveyor's Errors and Omissions insurance coverage in the form of an Insurance Certificate. B. For field engineering, employ a professional engineer of the discipline required for specific service on Project, licensed in Washington. 1.6 PROJECT CONDITIONS A. Dust Control: Execute work by methods to minimize raising dust from construction operations. Provide positive means to prevent air‐borne dust from dispersing into atmosphere and over adjacent property. B. Noise Control: Provide methods, means, and facilities to minimize noise produced by construction operations. C. Pollution Control: Provide methods, means, and facilities to prevent contamination of soil, water, and atmosphere from discharge of noxious, toxic substances, and pollutants produced by construction operations. Comply with federal, state, and local regulations. 1.7 COORDINATION AGENDA ITEM #7. g) 01 70 00 – PAGE 3 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS A. See Section 01 10 00 for occupancy‐related requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Coordinate completion and clean‐up of work of separate sections. PART 2 PRODUCTS – NOT USED PART 3 EXECUTION 3.1 EXAMINATION A. Verify that existing site conditions and substructure surfaces are acceptable for subsequent work. Start of work means acceptance of existing conditions. B. Verify that existing substructure is capable of structural support or attachment of the work being applied or attached. C. Examine and verify specific conditions described in individual specification sections. D. Take field measurements before confirming product orders or beginning fabrication, to minimize waste due to over‐ordering or mis‐fabrication. E. Verify that utility services are available, of the correct characteristics, and in the correct locations. F. Prior to Demolition: Examine existing conditions prior to commencing work, including elements subject to damage or movement during demolition. After uncovering existing work, assess conditions affecting performance of work. Beginning of demolition means acceptance of existing conditions. 3.2 PREPARATION A. Clean substrate surfaces prior to applying next material or substance. B. Seal cracks or openings of substrate prior to applying next material or substance. C. Apply manufacturer required or recommended substrate primer, sealer, or conditioner prior to applying any new material or substance in contact or bond. 3.3 PRE‐INSTALLATION MEETINGS A. When required in individual specification sections, convene a pre‐installation meeting at the site prior to commencing work of the section. AGENDA ITEM #7. g) 01 70 00 – PAGE 4 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS B. Require attendance of parties directly affecting, or affected by, work of the specific section. C. Notify Owner four days in advance of meeting date. D. Prepare agenda and preside at meeting: 1. Review conditions of examination, preparation and installation procedures. 2. Review coordination with related work. E. Record minutes and distribute copies within two days after meeting to participants, with two copies to Architect, Owner, participants, and those affected by decisions made. 3.4 LAYING OUT THE WORK A. Verify locations of survey control points prior to starting work. B. Promptly notify Owner of any discrepancies discovered. C. Contractor shall locate and protect survey control and reference points. D. Control datum for survey is that indicated on Drawings. E. Promptly report to Owner the loss or destruction of any reference point or relocation required because of changes in grades or other reasons. F. Replace dislocated survey control points based on original survey control. Make no changes without prior written notice to Owner. G. Utilize recognized engineering survey practices. H. Establish a minimum of two permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on project record documents. I. Establish elevations, lines and levels. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading, fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. J. Periodically verify layouts by same means. K. Maintain a complete and accurate log of control and survey work as it progresses. 3.5 GENERAL INSTALLATION REQUIREMENTS A. Install products as specified in individual sections, in accordance with manufacturer's instructions and recommendations, and so as to avoid waste due to necessity for replacement. B. Make vertical elements plumb and horizontal elements level, unless otherwise indicated. AGENDA ITEM #7. g) 01 70 00 – PAGE 5 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS C. Install equipment and fittings plumb and level, neatly aligned with adjacent vertical and horizontal lines, unless otherwise indicated. D. Make consistent texture on surfaces, with seamless transitions, unless otherwise indicated. E. Make neat transitions between different surfaces, maintaining texture and appearance. 3.6 CUTTING AND PATCHING A. Whenever possible, execute the work by methods that avoid cutting or patching. B. Perform whatever cutting and patching is necessary to: 1. Complete the work. 2. Fit products together to integrate with other work. 3. Provide openings for penetration of mechanical, electrical, and other services. 4. Match work that has been cut to adjacent work. 5. Repair areas adjacent to cuts to required condition. 6. Repair new work damaged by subsequent work. 7. Remove samples of installed work for testing when requested. 8. Remove and replace defective and non‐conforming work. C. Execute cutting and patching including excavation and fill: 1. To complete the work. 2. To uncover work in order to install improperly sequenced work. 3. To remove and replace defective or non‐conforming work. 4. To remove samples of installed work for testing when requested. 5. To provide openings in the work for penetration of mechanical and electrical, and other services. 6. To execute patching to complement adjacent work. 7. To fit materials and products to integrate with other work. D. Execute work by methods that avoid damage to other work and that will provide appropriate surfaces to receive patching and finishing. In existing work, minimize damage and restore to original condition. E. Employ original installer to perform cutting for weather exposed and moisture resistant elements, and sight exposed surfaces. F. Restore work with new products in accordance with requirements of Contract Documents. G. Fit work air tight to pipes, sleeves, ducts, conduit, and other penetrations through surfaces. H. Cutting: 1. Cut work by methods that will not damage work to be retained and work AGENDA ITEM #7. g) 01 70 00 – PAGE 6 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS adjoining. Review proposed procedure(s) with original installer where possible and comply with its recommendations. 2. Where cutting is required, cut work with sawing, drilling, coring and grinding tools. Pneumatic hammering and chopping tools not allowed without prior approval. J. Patching: 1. Finish patched surfaces to match finish that existed prior to patching. Patch with seams which are durable and invisible as possible. Comply with specified tolerances of the work. On continuous surfaces, refinish to nearest intersection or natural break. For an assembly, refinish entire unit. 2. Restore exposed finishes of patched areas and, where necessary, extend finish restoration onto retained work adjoining in a manner which will eliminate evidence of patching. 3. Where feasible, inspect and test patched areas to demonstrate integrity of work. 4. Match color, texture, and appearance. 5. Repair patched surfaces that are damaged, lifted, discolored, or showing other imperfections due to patching work. If defects are due to condition of substrate, repair substrate prior to repairing finish. 3.7 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove debris and rubbish from pipe chases, plenums, attics, crawl spaces, and other closed or remote spaces, prior to enclosing the space. C. Broom and vacuum clean interior areas prior to start of surface finishing, and continue cleaning to eliminate dust. D. Collect and remove waste materials, debris, and trash/rubbish from site periodically and dispose off‐site; do not burn or bury. 3.8 PROTECTION OF INSTALLED WORK A. Protect installed work from damage by construction operations. B. Provide special protection where specified in individual specification sections. C. Provide temporary and removable protection for installed products. Control activity in immediate work area to prevent damage. D. Provide protective coverings at walls, projections, jambs, sills, and soffits of openings. E. Protect cast concrete to remain exposed in the finished building, finished floors, AGENDA ITEM #7. g) 01 70 00 – PAGE 7 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS stairs, roofing and other surfaces from traffic, dirt, wear, damage, or movement of heavy objects, by protecting with durable sheet materials. F. Prohibit traffic or storage upon waterproofed or roofed surfaces. If traffic or activity is necessary, obtain recommendations for protection from waterproofing or roofing material manufacturer. G. Prohibit traffic from landscaped areas. H. Remove protective coverings when no longer needed; reuse or recycle plastic coverings if possible. 3.9 CLOSE‐OUT COORDINATION A. See Section 01 10 00 for occupancy‐related requirements. B. Coordinate scheduling, submittals, and work of the various sections of the Project Manual to ensure efficient and orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later. C. Notify affected utility companies and comply with their requirements. D. Verify that utility requirements and characteristics of new operating equipment are compatible with building utilities. Coordinate work of various sections having interdependent responsibilities for installing, connecting to, and placing in service, such equipment. E. Coordinate space requirements, supports, and installation of mechanical and electrical work that are indicated diagrammatically on Drawings. Follow Coordination Drawings routing shown for pipes, ducts, and conduit, as closely as practicable; place runs parallel with lines of building. Utilize spaces efficiently to maximize accessibility for other installations, for maintenance, and for repairs. F. In finished areas except as otherwise indicated, conceal pipes, ducts, and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. G. Coordinate completion and clean‐up of work of separate sections. 3.10 SUBSTANTIAL COMPLETION A. Substantial Completion is defined in the General Conditions B. Preliminary Procedures: Before requesting inspection for determining date of Substantial Completion, complete the following. List items below that are incomplete in request, provide detailed work plan to complete each item and anticipated dates of completion. 1. Submit Contractor's Punch List. For each item, include the dollar value of AGENDA ITEM #7. g) 01 70 00 – PAGE 8 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS Work remaining, and reasons why the Work is not complete. 2. Submit substantial completion checklist. 3. Advise Owner of pending insurance changeover requirements. 4. Obtain and submit releases permitting Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases. 5. Prepare and submit initial Operation and Maintenance Manuals, damage or settlement surveys, property surveys, and similar final record information. 6. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner's personnel of changeover in security provisions. 7. Submit test/adjust/balance records. 8. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and similar elements. 9. Submit changeover information related to Owner's occupancy, use, operation, and maintenance. 10. Complete final cleaning requirements. 11. Touch up and otherwise repair and restore marred exposed finishes to eliminate visual defects. C. Inspection: Submit a written request for inspection for Substantial Completion. On receipt of request, Owner/Architect will either proceed with inspection or notify Contractor of unfulfilled requirements. During inspection, Owner/Architect will verify submitted Contractor's Punch List and will add or deduct items as necessary to form the Owner’s/Engineer's Substantial Completion Punch List. The Owner’s/Architect’s Substantial Completion Punch List will subsequently be provided to the Contractor for resolution. Owner/Engineer will prepare the Certificate of Substantial Completion after inspection or will notify Contractor of items, either on the Contractor's Punch List or the Owner’s/ Engineer's Substantial Completion Punch List that must be completed or corrected before certificate will be issued. 1. Re‐inspection: If, following Owner’s/Architect’s inspection, Certificate of Substantial Completion is not granted, request re‐inspection when the Work identified as incomplete is completed or corrected. Unless waived by Owner, a deductive Change Order for A/E costs will be executed for all Substantial Completion re‐inspections. 2. Results of completed inspection will form the basis of requirements for Final Completion. D. Checklist: In order to certify, Substantial Completion, all elements on the Substantial Completion Checklist (attached to this section) MUST be complete. AGENDA ITEM #7. g) 01 70 00 – PAGE 9 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS 3.11 FINAL COMPLETION A. Preliminary Procedures: Before requesting final inspection for determining date of Final Completion, complete the following: 1. Submit specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents. 2. Submit copy of Engineer's Substantial Completion Punch List, with signed and dated certification by the QAM stating that every item has been completed or otherwise resolved for acceptance. 3. Submit evidence of final, continuing insurance coverage complying with insurance requirements. 4. Prepare and submit Project Record Documents, final Operation and Maintenance Manuals, damage or settlement surveys, property surveys, and similar final record information. 5. Deliver tools, spare parts, extra materials, accessory keys, and similar items to location designated by Owner. Label with manufacturer's name and model number where applicable. Except where impractical, provide parts and materials in original unopened packaging. Permanently label all accessory keys. 6. Complete any deferred testing as defined in Division 1 Section "Commissioning Requirements." 7. Submit pest‐control final inspection report and certification. 8. Instruct Owner's personnel in operation, adjustment, and maintenance of products, equipment, and systems. 9. Submit Application for Final Payment and required support documentation and certifications according to Division 1 Section "Payment Procedures." B. Inspection: Submit a written request for final inspection for acceptance. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will certify Application for Final Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued. 1. Re‐inspection: Request re‐inspection when the Work identified in previous inspections as incomplete is completed or corrected. Unless waived by Owner, a deductive Change Order for A/E costs will be executed for Final Completion re‐inspections greater than one in number. C. Checklist: In order to certify, Final Completion, all elements on the Final Completion Checklist (attached to this section) MUST be complete. 3.12 LIST OF INCOMPLETE ITEMS (CONTRACTOR'S PUNCH LIST) AGENDA ITEM #7. g) 01 70 00 – PAGE 10 OF 10 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 70 00 JANUARY 8, 2020 EXECUTION AND CLOSEOUT REQUIREMENTS A. General: The QAM shall prepare a single list of items to be completed and corrected. Include name and identification of each space and area affected by construction operations for incomplete items and items needing correction including, if necessary, areas disturbed by Contractor that are outside the limits of construction. Use layout provided in electronic format by Engineer. Submit three copies of list. 3.13 FINAL CLEANING A. Execute final cleaning prior to Substantial Completion. B. Use cleaning materials that are nonhazardous. 1. Clean surfaces exposed to view; remove temporary labels, stains and foreign substances. 2. Clean equipment and fixtures to a sanitary condition with cleaning materials appropriate to the surface and material being cleaned. 3. Clean site; sweep paved areas, rake clean landscaped surfaces. 4. Remove waste, surplus materials, trash/rubbish, and construction facilities from the site; dispose of in legal manner; do not burn or bury. END OF SECTION AGENDA ITEM #7. g) 01 74 19 – PAGE 1 OF 5 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 74 19 JANUARY 8, 2020 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 5 SECTION 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL PART 1 GENERAL 1.1 WASTE MANAGEMENT REQUIREMENTS A. Owner requires that this project generate the least amount of trash and waste possible. B. Employ processes that ensure the generation of as little waste as possible due to error, poor planning, breakage, mishandling, contamination, or other factors. C. Minimize trash/waste disposal in landfills; reuse, salvage, or recycle as much waste as economically feasible. D. Required Recycling, Salvage, and Reuse: The following may not be disposed of in landfills or by incineration: 1. Aluminum and plastic beverage containers. 2. Corrugated cardboard. 3. Wood pallets. 4. Treated wood. 5. Metals, including packaging banding, metal studs, sheet metal, structural steel, piping, reinforcing bars, and other items made of steel, iron, galvanized steel, stainless steel, aluminum, copper, zinc, lead, brass, and bronze. 6. Glass. 7. Plastic sheeting. E. Contractor shall develop and follow a Waste Management Plan designed to implement these requirements. F. Methods of trash/waste disposal that are not acceptable are: 1. Burning on the project site. 2. Burying on the project site. 3. Dumping or burying on other property, public or private. 4. Other illegal dumping or burying. G. Regulatory Requirements: Contractor is responsible for knowing and complying with regulatory requirements, including but not limited to Federal, State, and King County requirements, Ordinance 18166 codified in King County Code Chapter 10.30, Construction and Demolition Waste, and City of Renton requirements pertaining to legal disposal of all construction and demolition waste materials. AGENDA ITEM #7. g) 01 74 19 – PAGE 2 OF 5 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 74 19 JANUARY 8, 2020 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 5 1.2 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. B. Section 01 30 00 ‐ Administrative Requirements: Additional requirements for project meetings, reports, submittal procedures, and project documentation. C. Section 01 50 00 ‐ Temporary Facilities and Controls: Additional requirements related to trash/waste collection and removal facilities and services. D. Section 01 70 00 ‐ Execution and Closeout Requirements: Trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning. 1.3 DEFINITIONS A. Clean: Untreated and unpainted; not contaminated with oils, solvents, caulk, adhesives, glues, or the like. B. Construction and Demolition Waste: Solid wastes typically including building materials, packaging, trash, debris, and rubble resulting from construction, repair and demolition operations. C. Hazardous: Exhibiting the characteristics of hazardous substances, i.e., ignitability, corrosively, toxicity or reactivity. D. Nonhazardous: Exhibiting none of the characteristics of hazardous substances, i.e., ignitability, corrosively, toxicity, or reactivity. E. Nontoxic: Neither immediately poisonous to humans nor poisonous after a long period of exposure. F. Recyclable: The ability of a product or material to be recovered at the end of its life cycle and remanufactured into a new product for reuse by others. G. Recycle: To remove a waste material from the project site to another site for remanufacture into a new product for reuse by others. H. Recycling: The process of sorting, cleansing, treating and reconstituting solid waste and other discarded materials for the purpose of using the altered form. Recycling does not include burning, incinerating, or thermally destroying waste. I. Return: To give back reusable items or unused products to vendors for credit. J. Reuse: To reuse a construction waste material in some manner on the project site. K. Salvage: To remove a waste material from the project site to another site for AGENDA ITEM #7. g) 01 74 19 – PAGE 3 OF 5 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 74 19 JANUARY 8, 2020 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 5 resale or reuse by others. L. Sediment: Soil and other debris that has been eroded and transported by storm or well production run‐off water. M. Source Separation: The act of keeping different types of waste materials separate beginning from the first time they become waste. N. Toxic: Poisonous to humans either immediately or after a long period of exposure. O. Trash: Any product or material unable to be reused, returned, recycled, or salvaged. P. Waste: Extra material or material that has reached the end of its useful life in its intended use. Waste includes salvageable, returnable, recyclable, and reusable material. 1.4 SUBMITTALS A. See Section 01 30 00 ‐ Administrative Requirements, for submittal procedures. B. Waste Management Plan: Include the following information: 1. Analysis of the trash and waste projected to be generated during the entire project construction cycle, including types and quantities. 2. Landfill Options: The name, address, and telephone number of the landfill(s) where trash/waste will be disposed of, the applicable landfill tipping fee(s), and the projected cost of disposing of all project trash/waste in the landfill(s). 3. Landfill Alternatives: List all waste materials that will be diverted from landfills by reuse, salvage, or recycling. 4. Meetings: Describe regular meetings to be held to address waste prevention, reduction, recycling, salvage, reuse, and disposal. 5. Materials Handling Procedures: Describe the means by which materials to be diverted from landfills will be protected from contamination and prepared for acceptance by designated facilities; include separation procedures for recyclables, storage, and packaging. 6. Transportation: Identify the destination and means of transportation of materials to be recycled; i.e. whether materials will be site‐separated and self‐hauled to designated centers, or whether mixed materials will be collected by a waste hauler. C. Waste Disposal Reports: Submit at specified intervals, with details of quantities of trash and waste, means of disposal or reuse, and costs; show both totals to date and since last report. 1. Submit updated Report with each Application for Progress Payment; failure to submit Report will delay payment. 2. Submit Report on a form acceptable to Owner. AGENDA ITEM #7. g) 01 74 19 – PAGE 4 OF 5 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 74 19 JANUARY 8, 2020 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 5 3. Landfill Disposal: Include the following information: a. Identification of material. b. Amount, in tons or cubic yards (cubic meters), of trash/waste material from the project disposed of in landfills. c. State the identity of landfills, total amount of tipping fees paid to landfill, and total disposal cost. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. 4. Recycled and Salvaged Materials: Include the following information for each: a. Identification of material, including those retrieved by installer for use on other projects. b. Amount, in tons or cubic yards (cubic meters), date removed from the project site, and receiving party. c. Transportation cost, amount paid or received for the material, and the net total cost or savings of salvage or recycling each material. d. Include manifests, weight tickets, receipts, and invoices as evidence of quantity and cost. e. Certification by receiving party that materials will not be disposed of in landfills or by incineration. 5. Material Reused on Project: Include the following information for each: a. Identification of material and how it was used in the project. b. Amount, in tons or cubic yards (cubic meters). c. Include weight tickets as evidence of quantity. 6. Other Disposal Methods: Include information similar to that described above, as appropriate to disposal method. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION 3.1 WASTE MANAGEMENT PROCEDURES A. See Section 01 30 00 for additional requirements for project meetings, reports, submittal procedures, and project documentation. B. See Section 01 50 00 for additional requirements related to trash/waste collection and removal facilities and services. C. See Section 01 70 00 for trash/waste prevention procedures related to demolition, cutting and patching, installation, protection, and cleaning. 3.2 WASTE MANAGEMENT PLAN IMPLEMENTATION A. Manager: Designate an on‐site person or persons responsible for instructing workers and overseeing and documenting results of the AGENDA ITEM #7. g) 01 74 19 – PAGE 5 OF 5 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 74 19 JANUARY 8, 2020 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 5 Waste Management Plan. B. Communication: Distribute copies of the Waste Management Plan to job site foreman, each subcontractor, Owner, and Architect. C. Instruction: Provide on‐site instruction of appropriate separation, handling, and recycling, salvage, reuse, and return methods to be used by all parties at the appropriate stages of the project. D. Meetings: Discuss trash/waste management goals and issues at project meetings. 1. Pre‐construction meeting. 2. Regular job‐site meetings. E. Facilities: Provide specific facilities for separation and storage of materials for recycling, salvage, reuse, return, and trash disposal, for use by all contractors and installers. 1. Provide containers as required. 2. Provide adequate space for pick‐up and delivery and convenience to subcontractors. 3. Keep recycling and trash/waste bin areas neat and clean and clearly marked in order to avoid contamination of materials. F. Hazardous Wastes: Separate, store, and dispose of hazardous wastes according to applicable regulations. G. Recycling: Separate, store, protect, and handle at the site identified recyclable waste products in order to prevent contamination of materials and to maximize recyclability of identified materials. Arrange for timely pickups from the site or deliveries to recycling facility in order to prevent contamination of recyclable materials. H. Reuse of Materials On‐Site: Set aside, sort, and protect separated products in preparation for reuse. I. Salvage: Set aside, sort, and protect products to be salvaged for reuse off‐site. END OF SECTION AGENDA ITEM #7. g) 01 78 00 – PAGE 1 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS SECTION 01 78 00 CLOSEOUT SUBMITTALS PART 1 GENERAL 1.1 SECTION INCLUDES A. Project Record Documents. B. Operation and Maintenance Data. C. Warranties and bonds. 1.2 RELATED REQUIREMENTS A. Drawings and general provisions of the Contract, including General and Supplemental Conditions and Division 1 specification sections, apply to this section. B. Section 01 30 00 ‐ Administrative Requirements: Submittals procedures, shop drawings, product data, and samples. C. Section 01 70 00 ‐ Execution and Closeout Requirements: Contract closeout procedures. Substantial Completion and Final Completions Checklists. D. Individual Product Sections: Specific requirements for operation and maintenance data. E. Individual Product Sections: Warranties required for specific products or Work. 1.3 SUBMITTALS A. Project Record Documents: Submit documents to Owner with claim for final Application for Payment. B. Operation and Maintenance Data: 1. Submit PDF preliminary draft or proposed formats and outlines of contents at least 10 days before requesting inspection for Substantial Completion. Owner/Architect will review draft and return one copy with comments. 2. For equipment, or component parts of equipment put into service during construction and operated by Owner, submit completed documents within ten days after acceptance. 3. Submit completed documents 15 days prior to final inspection. This will be reviewed and returned after final inspection, with Owner/Architect comments. Revise content of all document sets as required prior to final submission. 4. Submit revised final documents in final form within 10 days after final AGENDA ITEM #7. g) 01 78 00 – PAGE 2 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS inspection. C. Warranties and Bonds: 1. For equipment or component parts of equipment put into service during construction with Owner's permission, submit documents within 10 days after acceptance. 2. Make other submittals within 10 days after Date of Substantial Completion, prior to final Application for Payment. Provide original hardcopy in binder and digital copy as PDF, provide tabs for all future items. 3. For items of Work for which acceptance is delayed beyond Date of Substantial Completion, submit within 10 days after acceptance, listing the date of acceptance as the beginning of the warranty period. PART 2 PRODUCTS ‐ NOT USED PART 3 EXECUTION 3.1 RECORD DRAWINGS A. Record Prints: Maintain one full‐size set of full size hard copy black and white prints of the Contract Drawings and Shop Drawings. 1. Identification: In red ink and block letters, label each Record Drawing, including cover sheets, "PROJECT RECORD DRAWING" in a prominent location on title block. Show all addenda changes on the applicable drawing sheet or specification section. 2. Preparation: Mark Record Prints to show the actual installation where installation varies from that shown originally. Require individual or entity who obtained record data, whether individual or entity is Installer, subcontractor, or similar entity, to prepare the marked‐up Record Prints. a. Give particular attention to information on concealed elements that would be difficult to identify or measure and record later. b. Accurately record information in an understandable drawing technique. c. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations. 3. Content: Types of items requiring marking include, but are not limited to, the following: a. Dimensional changes to Drawings. b. Revisions to details shown on Drawings. c. Changes made by Change Order. d. Changes made by Supplemental Instruction. e. Details not on the original Contract Drawings. f. Field records for variable and concealed conditions. g. Record information on the Work that is shown only schematically. 4. Mark the Contract Drawings or Shop Drawings, whichever is most capable of AGENDA ITEM #7. g) 01 78 00 – PAGE 3 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS showing actual physical conditions, completely and accurately. If Shop Drawings are marked, show cross‐ reference on the Contract Drawings. 5. Mark record sets with erasable, red‐colored pencil. Use other reproducible colors to distinguish between changes for different categories of the Work at same location. 6. Mark important additional information that was either shown schematically or omitted from original Drawings. 7. Note alternate numbers, Change Order numbers, Supplemental Instruction numbers, and similar identification, where applicable. B. Newly Prepared Record Drawings: Prepare new Drawings instead of preparing Record Drawings where Architect determines that neither the original Contract Drawings nor Shop Drawings are suitable to show actual installation. 1. New Drawings may be required when a Change Order is issued as a result of accepting an alternate, substitution, or other modification. 2. Consult Owner for proper scale and scope of detailing and notations required to record the actual physical installation and its relation to other construction. Integrate newly prepared Record Drawings into Record Drawing sets; comply with procedures for formatting, organizing, copying, binding, and submitting. Include title blocks matching original drawings and assign appropriate sheet numbers. C. Binding: Organize Record Prints and newly prepared Record Drawings into manageable sets and create organized, tabbed PDFs at full scale. Include identification on cover sheets and tabs. 3.2 RECORD SPECIFICATIONS A. General: Annotate by striking out products/manufacturers not included in the work to provide a record of selections made. 1. Note related Change Orders, Record Product Data, and Record Drawings where applicable. B. Mark Specifications to indicate the actual product installation where installation varies from that indicated in Specifications. Include addenda and contract modifications. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Create a PDF copy with each section tabbed. 3.3 RECORD PRODUCT DATA A. Where the actual product or installation varies substantially from that indicated in previously submitted and approved Product Data, submit Record Product Data AGENDA ITEM #7. g) 01 78 00 – PAGE 4 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS marked to indicate actual condition. 1. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later. 2. Include significant changes in the product delivered to Project site and changes in manufacturer's written instructions for installation. 3. Note related Change Orders, Record Specifications, and Record Drawings where applicable. 4. Where Record Product Data is required as part of Operation and Maintenance Manuals, submit marked‐up Product Data as an insert in manual instead of submittal as Record Product Data. 3.4 MISCELLANEOUS RECORD SUBMITTALS A. Assemble miscellaneous records required by other Specification Sections for miscellaneous record keeping and submittal in connection with actual performance of the Work. Provide full size PDFs in an organized and tabbed file for miscellaneous records and identify each. 3.5 O&M MANUALS, GENERAL A. Provide PDF files that are organized by section and file and fully tabbed and labeled. Provide files in original size, oriented and rotated in the document to read from top to bottom or screen. Scan or save files at a resolution suitable to clearly read all information at original size. Do not use overly large file sizes. Where operation and maintenance documentation includes information furnished by multiple sources, assemble and coordinate information into a comprehensive whole. Eliminate all redundant, inapplicable, or unnecessary information so that submitted documentation reflects only actual installation. The QAM is responsible for final assembly of manuals. B. Identify each system, subsystem, and piece of equipment with same designation used in the Contract Documents. If no designation exists, assign a designation according to ASHRAE Guideline 4, "Preparation of Operating and Maintenance Documentation for Building Systems." C. Directory: Provide a separate directory PDF file summarizing the contents of all O&M Manuals. Include a section in the directory for each of the following: 1. Tables of Contents: Include a table of contents for each O&M Manual. 2. List of Systems and Subsystems: List systems alphabetically. Include references to O&M Manuals that contain information about each system, and separate references to Specification Sections in which each system or subsystem is addressed. 3. List of Equipment: List equipment for each system, organized alphabetically by AGENDA ITEM #7. g) 01 78 00 – PAGE 5 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS system. For pieces of equipment not part of system, list alphabetically in separate list. D. Organization: Unless otherwise indicated, organize each manual into a separate section for each system and subsystem, and a separate section for each piece of equipment not part of a system. Each manual shall contain the following materials, in the order listed: 1. Title page. 2. Table of contents. 3. Manual contents. E. Title Page: Tab and label the title page. Include the following information: 1. Subject matter included in manual. 2. Name and address of Project. 3. Name and address of Owner. 4. Date of submittal. 5. Name, address, and telephone number of Contractor. 6. Name and address of Architect. 7. Cross‐reference to related systems in other O&M Manuals. F. Table of Contents: List each product included in manual, identified by product name, indexed to the content of the volume, and cross‐referenced to Specification Section number in Project Manual. 1. If operation or maintenance documentation requires more than one volume to accommodate data, include comprehensive table of contents for all volumes in each volume of the set. G. Manual Contents: Organize into sets of manageable size. Arrange contents alphabetically by system, subsystem, and equipment. If possible, assemble instructions for subsystems, equipment, and components of one system into a single binder. 1. Files: File type and format as approved by Owner. Documents shall be PDFs in 8‐1/2‐by‐11‐ inch format. a. If two or more files are necessary to accommodate data of a system, organize data in each into groupings by subsystem and related components. Cross‐reference other files if necessary to provide essential information for proper operation or maintenance of equipment or system. b. Identify each file," Project title or name, and subject matter of contents. Indicate volume number for multiple‐volume sets. Use layout supplied by Owner in electronic format approved by Owner. 2. Dividers: Reinforced heavy‐paper dividers with plastic‐covered tabs for each section. Mark each tab to indicate contents. Include typed list of products and AGENDA ITEM #7. g) 01 78 00 – PAGE 6 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS major components of equipment included in the section on each divider, cross‐referenced to Specification Section number and title of Project Manual. 3. Protective Plastic Sleeves: Transparent plastic sleeves designed to enclose diagnostic software media for computerized electronic equipment. 4. Supplementary Text: Prepared on 8‐1/2‐by‐11‐inch white bond paper. 5. Drawings: Scan at original size at resolution suitable to read all documentation on the drawing sheet. Do not use higher than necessary resolution resulting in overly large files. 3.7 PRODUCT MAINTENANCE COMPONENT OF O&M MANUALS A. Content: Organize digital PDF manual into a separate section for each product, material, and finish. Include source information, product information, maintenance procedures, repair materials and sources, and warranties and bonds, as described below. B. Source Information: List each product included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross‐reference Specification Section number and title in Project Manual. C. Product Information: Include the following, as applicable: 1. Product name and model number. 2. Manufacturer's name. 3. Color, pattern, and texture. 4. Material and chemical composition. 5. Reordering information for specially manufactured products. D. Maintenance Procedures: Include manufacturer's written recommendations and the following: 1. Inspection procedures. 2. Types of cleaning agents to be used and methods of cleaning. 3. List of cleaning agents and methods of cleaning detrimental to product. 4. Schedule for routine cleaning and maintenance. 5. Repair instructions. E. Repair Materials and Sources: Include lists of materials and local sources of materials and related services. F. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. 3.8 SYSTEMS AND EQUIPMENT MAINTENANCE COMPONENT OF O&M MANUALS AGENDA ITEM #7. g) 01 78 00 – PAGE 7 OF 7 CEDAR RIVER TRESTLE BRIDGE REPAIRS BID SET SECTION 01 78 00 JANUARY 8, 2020 CLOSEOUT SUBMITTALS A. Content: For each system, subsystem, and piece of equipment not part of a system, include source information, manufacturers' maintenance documentation, maintenance procedures, maintenance and service schedules, spare parts list and source information, maintenance service contracts, and warranty and bond information, as described below. B. Source Information: List each system, subsystem, and piece of equipment included in manual, identified by product name and arranged to match manual's table of contents. For each product, list name, address, and telephone number of Installer or supplier and maintenance service agent, and cross‐reference Specification Section number and title in Project Manual. C. Warranties and Bonds: Include copies of warranties and bonds and lists of circumstances and conditions that would affect validity of warranties or bonds. 1. Include procedures to follow and required notifications for warranty claims. 3.9 WARRANTIES AND BONDS A. Obtain warranties and bonds, executed in duplicate by responsible Subcontractors, suppliers, and manufacturers, within 10 days after completion of the applicable item of work. Except for items put into use with Owner's permission, leave date of beginning of time of warranty until the Date of Substantial completion is determined. B. Verify that documents are in proper form, contain full information, and are notarized. C. Co‐execute submittals when required. D. Retain warranties and bonds until time specified for submittal. E. Manual: Bind in commercial quality 8‐1/2 by 11 inch (216 by 279 mm) three D side ring binders with durable plastic no‐print‐transfer‐type covers. F. Cover: Identify each binder with typed or printed title WARRANTIES AND BONDS, with title of Project; name, address and telephone number of Contractor and equipment supplier; and name of responsible company principal. G. Table of Contents: Neatly typed, in the sequence of the Table of Contents of the Project Manual, with each item identified with the number and title of the specification section in which specified, and the name of product or work item. H. Separate each warranty or bond with index tab sheets keyed to the Table of Contents listing. Provide full information, using separate typed sheets as necessary. List Subcontractor, supplier, and manufacturer, with name, address, and telephone number of responsible principal. END OF SECTION AGENDA ITEM #7. g) TABLE OF CONTENTS TOC - 1 City of Renton Cedar River Trail Trestle Bridge Repairs PROJECT NO. CAG-18-109 - TECHNICAL SPECIFICATIONS No. of Pages DIVISION 2 – EXISTING CONDITIONS 02 41 00 Demolition............................................................................................. 5 DIVISION 3 – CONCRETE 03 10 00 Concrete Forming and Accessories ..................................................... 5 03 20 00 Concrete Reinforcement ...................................................................... 5 03 30 00 Cast-in-Place Concrete......................................................................... 12 DIVISION 5 – METALS 05 50 00 Metal Fabrications ................................................................................ 5 DIVISION 6 – WOOD, PLASTICS AND COMPOSITES 06 10 00 Rough Carpentry…………………………………………………………… 4 DIVISION 31 – EARTHWORK 31 00 00 Earthwork.............................................................................................. 6 AGENDA ITEM #7. g) DIVISION 02 – EXISTING CONDITIONS Section 02 41 00 – Demolition 02 41 00 - 1 PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in the following sections: A. Section 03 30 00 – Cast-in-Place Concrete B. Section 05 50 00 – Metal Fabrication C. Section 06 10 00 – Rough Carpentry D. Section 31 00 00 – Earthwork 1.02 DESCRIPTION OF WORK A. The extent and location of the "Demolition" work is indicated on the Drawings and in these Specifications, and as outlined below. 1. Remove and dispose, in whole or in part, all items (demolition materials, debris, etc.) in compliance with the Specifications and agencies of jurisdiction. Items shall become the property of the Contractor and shall be removed from City of Renton’s property and disposed of in accordance with project permits at an approved disposal site, unless noted otherwise. 2. Backfilling and compaction of holes, voids, trenches, or pits from such removal. 3. Payment of costs required for disposal of items at legal disposal sites, including all permit fees and related costs. B. The details shown on the Drawings indicate typical construction features of the various structure elements and shall not be construed as complete or adequate to supplant actual on-site inspection and additional review by the Contractor. C.Perform demolition work in accordance with applicable local, state, and federal regulations, and permit requirements for the project. AGENDA ITEM #7. g) DIVISION 02 – EXISTING CONDITIONS Section 02 41 00 – Demolition 02 41 00 - 2 REFERENCE STANDARDS Standard Specifications for Road, Bridge, and Municipal Construction, M41-10, 2018 edition, by Washington State Department of Transportation (WSDOT Standard Specifications). 1.03 SITE CONDITIONS Complete work in accordance with the restrictions shown on the Drawings. Restrict operations to the designated work areas. Coordinate and schedule, with the City, access to the site in advance. 1.04 SUMMARY Items for demolition include, but are not limited to the following: timber piles, timber posts, timber foundation, timber stringers, timber matting, timber debris facing, miscellaneous steel and hot-mix asphalt paving. 1.07 SUBMITTALS A. A Demolition Management Plan (DMP) with documentation that includes and addresses, but is not limited to, the following: 1. Work sequence and schedule. 2.Activity-based schedule. 3. List of subcontractors proposed including point of contact and telephone numbers. 4. List of equipment to be used for demolition operations. 5. Means and methods to protect existing infrastructure, stockpile materials, and deliver salvaged material. Include the methods used to ensure no debris falls into the water or onto the slope below the structure. 6. Laydown areas for materials management. 7. Worker safety, toolbox meetings, and signs. 8. Protection of the public or other persons in areas surrounding the work. AGENDA ITEM #7. g) DIVISION 02 – EXISTING CONDITIONS Section 02 41 00 – Demolition 02 41 00 - 3 9. Environmental protection plan and compliance with permit requirements. 10. Contractor quality control plan. 11. Disposal procedures and locations of temporary storage and/or recycling facilities. 12.Construction stormwater pollution prevention plan. 13. Schedule of disposal sites, their locations, and the materials that will be disposed at each site. To be approved by the Engineer and environmental agencies, including local health department waste authorization permits. B.If the DMP is revised, resubmit with any proposed changes for review by the Engineer prior to incorporating changes to means, methods, equipment, tools, temporary supports, etc. C. A temporary shoring plan for the timber trestle post replacement which shall be stamped and signed by a Professional Engineer licensed in the state of Washington. PART 2 - PRODUCTS 2.01 GENERAL Products that are required to accomplish, or be incorporated into this section shall be as selected by the Contractor, subject to the review of the Engineer. PART 3 - EXECUTION 3.01 PREPARATION Verify items for demolition, disposal, and salvage as early as practicable prior to start of the work. Notify the Engineer immediately if observed conditions differ from anticipated conditions. 3.02. DEMOLITION OF STRUCTURES A. Coordinate and perform demolition in accordance with the permit requirements and regulations. AGENDA ITEM #7. g) DIVISION 02 – EXISTING CONDITIONS Section 02 41 00 – Demolition 02 41 00 - 4 B. Completely remove and dispose of designated items. Infrastructure or materials designated to remain that are damaged by Contractor activities shall be replaced at no additional cost to the City. C. Completely remove timber piles designated for demolition as shown on the Drawings. Cut removed piles into maximum lengths of 4 feet prior to disposal. D. During demolition and/or debris removal work outboard of the ordinary high water line, have in place and maintain a silt fence and/or a floating containment boom. E. Avoid allowing materials to fall into the water. Promptly remove materials that may inadvertently fall into the water or onto the slopes under the structure on an ongoing basis during demolition work. Whether materials that fall into water sink or float, remove immediately and dispose of at no additional cost to the City. F. Demolish items carefully so as not to damage existing structures designated to remain in place. G. Accomplish removal of items designated for demolition in a manner that does not overstress or damage adjacent remaining structural members. Temporarily supporting adjacent portions of the structure if needed. Repair of adjacent structural members damaged by the Contractor’s work methods shall be repaired at no additional cost to the City. H. Determine the quantity of creosote-treated materials to be demolished and disposed of. Removal and disposal shall meet local, state, and federal requirements and permit requirements for handling and disposal of creosote-treated materials. 3.03 BACKFILL Backfill and compact areas disturbed during demolition to match the existing sub- base, as shown on the plans, or as directed by the Engineer, and at no additional cost to the City. 3.04 DISPOSAL A. Disposal shall be in accordance with the Contracting Documents, and in compliance with local, state, and federal regulatory agencies. AGENDA ITEM #7. g) DIVISION 02 – EXISTING CONDITIONS Section 02 41 00 – Demolition Project No. CAG-18-109 02 41 00 - 5 B. Cleanup: Clean area after removal of demolition items and materials. There shall be no debris, rubble, or litter left at the site from any of the demolition operations and the site shall be clean. END OF SECTION AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 10 00 – Concrete Forming and Accessories 03 10 00 - 1 PART 1 – GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 03 20 00 – Concrete Reinforcement B. Section 03 30 00 – Cast-in-Place Concrete 1.02 DESCRIPTION OF WORK The Work includes furnishing necessary material, labor, and equipment for providing the structural support and physical barriers or forms which control the shape and location of the concrete. Also included in this section are the requirements for the removal of the forms and their supports. 1.03 REFERENCE STANDARDS A. American Concrete Institute ACI 301-16: Specifications for Structural Concrete. B. American Concrete Institute ACI 318-14: Building Code Requirements for Structural Concrete and Commentary. C. American Concrete Institute ACI 347-14: Guide to Formwork for Concrete. 1.04 QUALITY ASSURANCE A. Design forms, falsework, accessories, and shoring to meet the requirements of the concrete type, sequence of placing, schedule, and other conditions of the project. Use a designer having at least five (5) years of experience designing and constructing forms and falsework under similar project conditions. B. Before casting concrete, inspect forms, falsework, accessories, and shoring, using workers having at least five (5) years of experience with the types of construction involved and the techniques necessary for completion of the work. 1.05 SUBMITTALS A. Submit form, falsework, and shoring drawings and calculations to the Engineer for review prior to executing the work. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 10 00 – Concrete Forming and Accessories 03 10 00 - 2 1. Drawings shall show details of member sizes, connections, product data, and other related elements including proposed construction joints. 2. Drawings shall indicate the construction sequence, the methods for release, and the sequence of removal. 3. Calculations shall clearly state the material weights, lateral pressures, rates of pour, direction of pour, and working loads for form ties, friction collars, wedges, she-bolts, and accessories used in the design. 4. Drawings and calculations for forms, falsework, accessories, and shoring designs shall be stamped by a Professional Engineer licensed in the state of Washington. B. In the event patented or prefabricated systems are used for forms or falsework, submit complete drawings, details, and calculations for review. Paper, fiberglass, micarta, asphalt-impregnated fiber, and other miscellaneous form materials shall be approved by the Engineer prior to delivery, fabrication, and construction. PART 2 – PRODUCTS 2.01 GENERAL A. Materials for concrete forms may be new or used. The quality of the materials, not the age or previous usage, will be the determining factor as to their suitability. B. Submit prefabricated form details, whether they are part of a patented system or custom-fabricated, for approval by the Engineer prior to assembly or arrival on site. Keep forms in a condition to produce finished work meeting the location, alignment, and surface tolerances specified. 2.02 WOOD FORMS A. For exposed concrete forms, use Grade B-B or B-C Plyform Plywood. Provide vertical or horizontal joints on exposed surfaces. B. For unexposed concrete forms, use exterior type plywood without splits or knotholes and sanded smooth. Run the face grain of the plywood perpendicular to the supporting structure. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 10 00 – Concrete Forming and Accessories 03 10 00 - 3 C. Use plywood with a minimum thickness of 1/2-inch thick except where curved areas require the use of 1/4-inch thick material. When 1/4-inch-thick material is used, back it with heavier material. D. Use commercial Grade No. 2 or better for all species of framing lumber. Provide framing lumber of standard dimensions and of such quality as to meet the requirements of the applied stresses or loads. E.Shiplap, square-edged boards, or tongue-and-groove sheathing may be used for forming unexposed concrete surfaces. F. Use metal, fiberglass, or other special form linings where required. 2.03 STEEL FORMS A. Design and fabricate steel forms to meet the requirements of the member/members to be cast. Use new materials for steel form construction. B. For round elements use self-supporting metal shell or tube forms which will give a smooth, even surface. Do not use forms which produce a spiral appearance or those made of wood. 2.04 FORM LINERS AND COATINGS A. Line, coat, or treat forms with a suitable release agent or bond-breaker to ensure their timely removal with no damage to the concrete. B. Use non-coloring release agents or bond-breakers that do not leave a film on the concrete surface that may inhibit subsequent finishing activities required to attain the prescribed finish. 2.05 FORM TIES AND ACCESSORIES A. Do not use wire ties or wood spacers. B. Use pre-manufactured form ties with published allowable stress values from the manufacturer. Select form ties with a premeasured, break-back, weakened area so that ties can be removed 3/4 inch below the concrete surface. C.Set back tie-rods for she-bolts a distance of 1-1/2 inches from the concrete surface. Use tie-rod steel with published allowable stress values. D. Utilize corner brackets, friction collars, column clamps, and other accessories in accordance with the manufacturer’s recommendations. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 10 00 – Concrete Forming and Accessories 03 10 00 - 4 2.06 FALSEWORK AND SHORING Select and size materials and elements for shoring, falsework, mudsills, or structural staging according to the Contractor’s design. The use of steel scaffold- type falsework, when approved by the Engineer, shall be furnished, erected, and braced in accordance with the manufacturer’s recommendations. PART 3 – EXECUTION 3.01 GENERAL A. Do not construct forms or falsework until the Engineer has reviewed the drawings and calculations. Review by the Engineer does not relieve the Contractor of the responsibility for sufficiency of the forms or falsework. B. Set forms and falsework to allow for structural camber plus an allowance for shrinkage and settlement. The finished concrete shall conform to the location lines and elevations indicated on the Drawings. C. Construct forms so as to be rigid, unyielding, true to line, level, and sufficiently tight to prevent escape of mortar. D. Place openings, embedded objects, and reinforcement at locations shown on the Drawings. Form and fasten securely in position to maintain minimum cover for reinforcement, and to leave smooth surfaces, true openings, accurate geometry, etc., after the forms are removed. E. Clean forms of waste, debris, or other objects and substances deleterious to the concrete, concrete surface, or concrete element, prior to casting. 3.02 FORM INSTALLATION A. Prior to final setting or placing of reinforcing steel, treat forms with a release agent, bond-breaker, or parting compound. Apply the compound at a rate recommended by the manufacturer, to provide a smooth surface free of dusting action caused by the chemical reaction of the compound. B.Immediately remove any release agent or bond-breaker that comes in contact with reinforcement or embedded objects. C. Forms may be set with a slight bevel or draft for easy removal, where approved by the Engineer. Use 3/4-inch chamfer strips on exposed inside and outside corners as indicated on the Drawings. D. All forms shall be mortar-tight. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 10 00 – Concrete Forming and Accessories 03 10 00 - 5 E. Remove debris, waste, foreign objects from forms before assembly. Standing water in the forms shall not be permitted. Forms shall be cleaned with fresh water before assembly and prior to placing concrete. 3.03 FORM REMOVAL A. Keep forms in place for the minimum length of 7 days, provided the ambient temperature is 40 degrees Fahrenheit or higher during that time period. B. When temperatures lower than 40 degrees prevail, keep forms in place longer and at the Engineer’s direction. 1.Periods where the ambient temperature is below 40 degrees Fahrenheit shall be disregarded in determining the length of time forms are to remain in place. 2. A cold-weather concreting plan may be developed and submitted for approval in accordance with Section 03 30 00 – Cast-in-Place Concrete. C. The removal of forms as stipulated herein does not relieve the Contractor of responsibility for the performance, acceptability, or finish of the work. D. Remove forms and falsework in a manner that prevents damage to the concrete, concrete finishes, and adjacent work elements. END OF SECTION AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 20 00 – Concrete Reinforcement 03 20 00 - 1 PART 1 – GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 03 10 00 – Concrete Forming and Accessories B. Section 03 30 00 – Cast-in-Place Concrete C. Section 05 50 00 – Metal Fabrications 1.02 DESCRIPTION OF WORK The work includes the requirements for manufacture, detailing, cutting, bending, transporting, handling, and placing of concrete reinforcement and associated items required or indicated on the drawings. 1.03 REFERENCE STANDARDS A. American Concrete Institute ACI 301-16: Specifications for Structural Concrete for Buildings. B. American Concrete Institute SP-66(04): ACI Detailing Manual (including ACI 315-99). C. American Concrete Institute ACI 318-14: Building Code Requirements for Structural Concrete and Commentary. D. American Society for Testing Materials (ASTM), Standard Specifications and Standard Test Methods, designated by basic reference in this section (use the most current edition at the time of bid unless otherwise indicated). E. Concrete Reinforcing Steel Institute (CRSI) Manual of Standard Practice (MSP), 2009, 28th Edition. F.Washington State Department of Transportation (WSDOT) Standard Specifications for Road, Bridge and Municipal Construction M41-10, 2018 Edition. 1.04 QUALITY ASSURANCE AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 20 00 – Concrete Reinforcement 03 20 00 - 2 Provide at least one (1) qualified person present at all times during execution of this portion of work to direct the work, is thoroughly familiar with the type of materials being installed, and skilled in the required methods for installation. This person shall have a minimum of five (5) years experience in placement of reinforcement for concrete structures. 1.05 SUBMITTALS A. Detailed shop drawings that are coordinated and checked for reinforcement prior to casting concrete. 1. Do not deliver reinforcement to the site prior to acceptance of the shop drawings. 2. The shop drawings shall include, but not be limited to, material specifications, bar lengths, bar bending schedules, order lists, splice lengths, and proposed splice locations. B. Mill certificates for each heat of reinforcing steel and threaded bars to be furnished, indicating specification compliance, yield strength, ultimate strength, and chemistry. C. Headed reinforcement details and manufacturer data sheets. D. Data sheets for mortar blocks and chairs used for placing reinforcement. PART 2 – PRODUCTS 2.01 HANDLING A. Protect reinforcement from damage before, during, and after installation of the work. Protect from damage the installed work and materials of other trades. B.Reinforcement shall be new and free from rust, grease, oil, wax, paint, soil, dirt, kinks, bends, or other defects. Store in a manner to prevent corrosion, or fouling with bond-breaking or deleterious coatings. C. Maintain reinforcement identification after the bundles are broken. Indicate to the Engineer what bar types and grades are stored in each location. D. In the event of damage, immediately make repairs and replacements necessary as directed by the Engineer and at no additional cost to the City. 2.02 REINFORCEMENT AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 20 00 – Concrete Reinforcement 03 20 00 - 3 A. Provide reinforcing bars conforming to ASTM A 706, Grade 60, deformed. B. Provide welded headed studs and welded shear connectors conforming to ASTM A 108, Grades 1010 through 1020 according to ASTM A 29 with head geometry conforming to AWS D1.1, Section 7.2. PART 3 – EXECUTION 3.01 GENERAL A. Prior to installation, inspect the installed work of other trades and verify that such work is complete to the point where reinforcement installation may commence. B. Details of bending, placing, and splicing of reinforcing steel shall conform to ACI 315, except as modified herein. 3.02 REINFORCING STEEL BARS A. Order Lists: Before ordering material, furnish order lists and bending diagrams for approval by the Engineer. Reinforcement placing drawings submitted for approval shall conform to the CRSI MSP. Do not order material until such lists and bending diagrams have been approved. The approval of order lists and bending diagrams by the Engineer shall in no way relieve the Contractor of responsibility for the correctness of such lists and diagrams. B. General Fabrication Requirements for Reinforcing Bars: Bend bars cold to the shapes indicated on the drawings unless otherwise approved by the Engineer. Do not field-bend bars partially embedded in concrete except as indicated on the drawings or as approved by the Engineer. Make bends and hooks in accordance with the applicable portions of the CRSI MSP. C. Placing and Fastening: 1. Place steel reinforcement accurately and hold firmly in the position indicated on the drawing during the placing and setting of concrete. Tie bars at all intersections. 2.Provide concrete cover to reinforcement as indicated on the Drawings. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 20 00 – Concrete Reinforcement 03 20 00 - 4 3. Maintain the distance from the forms by means of stays, blocks, ties, hangers, or other approved supports. a.Hold reinforcement from contact with the forms by approved metal or plastic chairs. Metal chairs which are in contact with the exterior surface of the concrete shall be epoxy-coated for the full depth of the indicated concrete cover. b. Separate layers of bars by plastic chairs, by precast mortar blocks of compressive strength not less than 5,000 pounds per square inch, spacing bars, or by other devices approved equal. c.The minimum spacing between bars, except at lap splices, shall not be less than one bar diameter or one inch minimum, but not less than 1-1/3 times the maximum size of the coarse aggregate. 4. In the event that anchor bolts, inserts, embedded objects, headed studs, or other items interfere with placing reinforcement as indicated on the drawings, or as otherwise required, immediately contact the Engineer and obtain approval of a new procedure before placing concrete. 3.03 SPLICING A. Furnish reinforcement in the full lengths indicated on the drawings, except that reinforcement over forty feet in length may be spliced. B. Splicing of bars, except when indicated on the drawings, will not be permitted without approval of the Engineer. When approved, splices shall be staggered with no more than fifty percent of any particular bar type being spliced at any one location. Minimum length of lap splice shall be the larger of 60 times the bar diameter or 24 inches unless noted otherwise on the drawings. Minimum distance between spliced zones shall be three lap lengths. 3.04 CLEANING REINFORCEMENT Reinforcement, at the time concrete is placed around it, shall be free from loose rust or mill scale, oil, paint, and all other coatings which will destroy, impair, or reduce the bond between steel and concrete. END OF SECTION AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 1 PART 1 - GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 03 10 00 – Concrete Forming and Accessories B. Section 03 20 00 – Concrete Reinforcement C. Section 03 40 00 – Precast Concrete 1.02 DESCRIPTION OF WORK The extent and location of the “Cast-in-Place Concrete” work is indicated on the Drawings. The work includes the requirements for providing cast-in-place concrete and associated work in conformance with these specifications and as indicated on the Drawings. 1.03 REFERENCE STANDARDS A. American Concrete Institute (ACI) 301-16: Specifications for Structural Concrete. B. ACI 305.1-2014: Specification for Hot Weather Concreting. C. ACI 306.1-1990 (Reapproved 2002): Specification for Cold Weather Concreting. D. ACI 308.1-11: Specification for Curing Concrete. E. American Concrete Institute ACI 318-14: Building Code Requirements for Structural Concrete and Commentary. F. American Society for Testing Materials (ASTM), Standard Specifications and Standard Test Methods, designated by basic reference in this section (use the most current edition at the time of bid unless otherwise indicated). G. Standard Specifications for Road, Bridge, and Municipal Construction, M41- 10, 2018 edition, by Washington State Department of Transportation (WSDOT Standard Specifications). AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 2 H. International Building Code (IBC) 2015, as amended and adopted by the City of Renton into the Renton Municipal Code (RMC). 1.04 QUALITY ASSURANCE A. Concrete work shall conform to the requirements of ACI 301, unless otherwise noted in the drawings or the specifications. B. Inspection and Testing: Provide all necessary assistance to the City for carrying out inspections and tests at no additional cost to the City. The City will provide for necessary inspection and testing as required, which shall be determined by the City. The City will make test results available at the City’s office of the Project Manager. C. Qualifications of Supplier: Ready-mixed concrete plants shall be approved and certified by the National Ready Mix Concrete Association (NRMCA) or qualified by WSDOT. Batch ready-mixed concrete in accordance with the applicable portions of ASTM C 94. D. Qualifications of Personnel: 1. Provide at least one qualified person who shall be present at all times during execution of this portion of the work, who shall be thoroughly trained and experienced in placing the types of concrete specified, and who shall direct all work performed under this section. Qualified personnel shall have at least five (5) years experience performing the work described in this section. 2. Provide trained and experienced concrete journeyman for concrete finishing, having at least five (5) years experience. E. Meet the requirements of the reference standards. Where provisions of pertinent codes and standards conflict with this specification, the more stringent provisions shall govern, as determined by the Engineer. 1.05 SUBMITTALS A. Documentation demonstrating the qualifications and experience of supervisors and directors of work, as described above. B. Proposed concrete design mixes, indicating material contents per cubic yard of concrete, including certificates of specification compliance. C. Written evidence that the ready-mix concrete plant is approved and certified by the NRMCA and other organizations. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 3 D. Test certificates for compressive strength, yield, air content, and slump of each proposed concrete mix. Report strength test results in accordance with ACI 318, Section 1.9. E. Manufacturer’s name, address, catalog number, and specifications for proposed admixtures, concrete bonding agents, curing compounds, fiber reinforcement, etc. F. Aggregate supply pit names and locations. Submit certificates of specification compliance for materials to be used including aggregate alkali- silica reactivity (ASR). G. Proposed curing methods including manufacturer’s data for curing membranes, evaporation retardants, accelerated cure methods, etc. Submit detailed plans for concrete work in ambient temperatures below 40 degrees F. Describe the specific methods and procedures used for substrate preparation, concrete placement, curing, and protection. Provide specific references to ACI 306.1 and ACI 308.1. H. Shop drawings showing pour sequences, construction joints, expansion joints, etc. I. Manufacturer’s data for proposed pre-fabricated construction joint systems and hardware. J. Concrete delivery tickets for each delivery to the site. Submit delivery tickets to the Engineer before unloading at the site and in accordance with ASTM C 94, Section 14. K.Proposed patching methods and materials for concrete defects. PART 2 - PRODUCTS 2.01 CONCRETE A. General: 1. Batch and mix concrete, unless otherwise specifically permitted by the Engineer, at the approved ready-mix plant. Conform to ASTM C 94 fir batching, mixing, and delivery of ready-mix concrete. 2. Proportion concrete on the basis of field experience or laboratory trial mixtures according to ACI 318, Section 1.9. B. Cementitious Materials: AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 4 1. Use Portland cement conforming to ASTM C 150. 2. Use Type I-II or Type II Portland cement for mixes without fly ash and also conform the requirements of WSDOT Standard Specifications, Paragraph 9-01.2(1). 3. Portland cement for use in mixes with fly ash shall be Type I or Type I-II conforming to ASTM C 150. 4. Meet the requirements of ASTM C 618, Type F, for fly ash (if used) with the added provision that the loss on ignition shall not exceed 2 percent, and that the fly ash is stored in a separate silo from the cement. Split bins are not acceptable. C. Aggregates: 1. Conform to ASTM C 33. Provide materials that consist of hard, tough, durable particles free from foreign and deleterious materials, stored in such a manner as to prevent segregation, excessive breakage, and the introduction of foreign material. 2. Evaluate and test fine and coarse aggregates for alkali-aggregate reactivity in accordance with ASTM C 1260 or ASTM C 1293. Test both coarse aggregate size groups if from different sources. Test results of the combination shall have a measured expansion equal to or less than 0.10 percent at 16 days after casting when aggregates are tested in accordance with ASTM C 1260 or 0.04 percent for aggregates tested in accordance with ASTM C 1293. 3. Grade aggregates in accordance with WSDOT Standard Specifications paragraph 9-03.1(5) Combined Aggregate Gradation for Portland Cement Concrete. Use a maximum nominal aggregate size of ¾ inch, unless approved by the Engineer. 4. Limit the maximum coarse aggregate size to not be larger than three fourths of the minimum clear spacing between reinforcing bars, between reinforcing bars and side forms, and between reinforcing bars and top or bottom surface of the concrete. D.Water: conform to the quality requirements of paragraph 9-25.1 of the WSDOT Standard Specifications. E. Admixtures: Admixtures shall be supplied by one manufacturer approved by the Engineer. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 5 1. Air-entraining Admixtures: conform to ASTM C 260. Use dosage rates in accordance with the manufacturer’s recommendations to meet the air content specified herein. 2. Water-reducing Admixtures: conform to ASTM C 494. Use dosage rates in accordance with the manufacturer’s recommendations. Use only Type A, D, F, or G admixtures. Use an amount that controls the desired workability and water/cement ratio of the mix and stay within the manufacturer’s recommended range. 2.02 OTHER MATERIALS Materials not specifically described but required for a complete and proper installation of concrete shall be subject to the approval of the Engineer. 2.03 MIX PROPORTIONS AND STRENGTH A. Proportion the mixture to produce concrete that will readily work into corners, sides, and angles of the forms, work around reinforcement and embedded items, with no segregation, and prevent free water from collecting on the surface. B. Select mix proportions in accordance with ACI 301. 1. Test data representing thirty recent consecutive tests for each design shall be submitted to establish the standard deviation used in ACI 301 Section 4.2.3. 2. The criteria for acceptance of submitted tests shall be accordance with ACI 301 Section 4.2.3.1. The second sentence shall be amended to read, “…class of concrete within 500 psi of that specified for the work”, instead of 1000 psi. 3. Where 30 recent consecutive tests are not available, the standard deviation may be determined by records based on no less than 15 tests as described in ACI 301 Section 4.2.3.3. 4. Where no previous data are available, the mix or mixes shall be overdesigned in accordance with ACI 301 Section 4.2.3.1. 5. When consecutive test data have been established during the project the overdesign criteria may be relaxed in accordance with ACI 301 Section 4.2.3.5. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 6 6. Do not deviate from any reviewed design mix without approval of the Engineer. C. Unless otherwise indicated, concrete minimum 28-day compressive strength is shown on the Drawings. D. Provide concrete meeting the following requirements: 1. Minimum Cementitious Material Cement without fly ash 611 pounds per cubic yard Cement with fly ash 564 pounds per cubic yard with 100 pounds of fly ash per cubic yard 2. Maximum Water/Cement Ratio (by weight, including free moisture on aggregate)0.40* * If fly ash is used, the water/cement ratio shall be calculated as the weight of water divided by the weight of cement plus the weight of the fly ash. 3. Air Content 3.5 percent to 6.5 percent 4. Slump: Maximum 8 inches, selected to enhance workability without violating the maximum water/cement ratio requirement. PART 3 - EXECUTION 3.01 PREPARATORY WORK A. General: 1. Prior to casting, inspect the installed work of all other trades and verify it is complete to the point where this installation may commence. 2. Verify that all items to be embedded in concrete are in place, properly oriented, located, and secured. 3. Verify that concrete may be placed to the lines and elevations indicated on the drawings with all required clearances for reinforcement. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 7 4. Clean and remove wood debris, sawdust, tie wire cuttings, and other deleterious material from all areas where concrete will be placed. 5. Bend back tie wire ends so they do not encroach into the specified clear cover of the concrete. 6. Thoroughly wet concrete forms which have not been treated with oils, waxes, or other bond breakers immediately prior to placing concrete. Remove standing water from the forms. 7. Clean and roughen existing concrete or concrete from previous pours to provide a bondable surface. 8. Clean transporting and handling equipment of hardened concrete and other debris. B. Notification: Notify the City and Engineer at least 48 hours in advance of any concrete pour. The City will provide independent special inspections and material testing services. Notify the Engineer when inspection by the Contractor is complete. In the event of any discrepancy, immediately notify the Engineer. Do not proceed with installation until discrepancies have been fully resolved. 3.02 TRANSPORTING AND PLACING CONCRETE A. Placement: 1. Do not use concrete that does not reach its final position in the forms within 1-1/2 hours after the addition of cement. During hot weather, reduce this time limit in accordance with ACI 305.1. 2. Place concrete as soon as possible after mixing. Do notretemper or remix concrete which has developed initial set or partially hardened. 3. Do not allow the means and methods of placing concrete to segregate the aggregates or displace reinforcement or embedded objects. 4. When using a concrete pumps as the placing system, discard the pump priming slurry before placement into the forms. Initial acceptance testing may be delayed until the pump priming slurry has been eliminated. Do not use pumps that allow free water to flow past the piston. Do not use aluminum conduits or tremies. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 8 5. Place concrete in continuous horizontal layers, or lifts, not exceeding 18 inches and compact so that there will be no line of separation between layers. Carefully fill each part of the forms by depositing concrete directly in its final destination. 6. When concrete must be dropped more than five feet into the forms, deposit it through a sheet metal or other approved conduit. Use the same conduit to place concrete in sloping forms or in other locations, as directed by the Engineer, to prevent concrete from sliding around reinforcing steel or other embedded objects. 7. The means and methods of depositing and compacting concrete shall produce compact, dense, impervious concrete with the required surface finishes and no segregation. Remove defective concrete as directed by the Engineer at no additional cost to the City. 8. During any vibratory activity, do not place concrete within 150 feet of the activity, and do not perform or resume the activity within 150 feet of placed concrete until a minimum of 3 days after initial concrete set. 9. Do not place or allow concrete to fall in the water or on the bank. Immediately remove concrete from the water or the bank. B. Hot/Cold Weather Placement: Do not place concrete on frozen ground or against frosted reinforcing steel or forms. Do not mix or place concrete while the atmospheric temperature is below 40° F. If air temperature exceeds 90˚F, provide water spray or other approved methods to cool contact surfaces to less than 90˚F. Perform hot and cold-weather concrete placement in accordance with ACI 305.1 and ACI 306.1. C. Underwater Placement: Do not place concrete in the water. D. Consolidation of Concrete: 1. Provide suitable internal vibrators for use in compacting concrete. Use vibrators of the type designed to be placed directly in the concrete, with a frequency of vibration not be less than 7,000 impulses per minute when in actual operation. 2. Vibrate in a manner such that the concrete becomes uniformly plastic. Insert vibrators to a depth sufficient to vibrate the bottom of each layer effectively, but do not penetrate partially hardened concrete. Do not apply the vibrators directly to steel which extends into partially hardened concrete. Use intervals between points of insertion between 2 and 3 feet. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 9 3. Do not continue vibration in any one spot such that pools of cement or cement and sand are formed. In vibrating and finishing top surfaces which are exposed to weather or wear, avoid drawing water or laitance to the surface. In relatively high lifts, limit the top layer to a shallow shallow and use a concrete mix as stiff as can be effectively vibrated into place and properly finished. 4. Do not use vibrators to transport or move concrete inside the form. 5. Provide a sufficient number of vibrators to effectively vibrate all of the concrete placed. Use hand-tamping or rodding wherever necessary to secure a smooth and dense concrete on the outside surfaces. 3.03 CONSTRUCTION JOINTS A. Conform to ACI 318, Chapter 6 for joints and stoppages, except as specifically shown on the drawings. Do not use wire mesh or similar materials. B. Submit for the Engineer’s approval requests for additional, deleted, or relocated construction joints. Changes as a result of such requests shall be at the Contractor’s expense. C. Thoroughly clean and roughen all joint surfaces and remove loose concrete, gravel, sediment, laitance, and all other deleterious substances. D. Thoroughly wet and condition all joint surfaces to a saturated surface dry (SSD) condition for a minimum twelve hour period immediately prior to placing fresh concrete. E. Provide a clean, roughened surface between stages of concrete placement, unless otherwise directed by the Engineer. Do not use a bonding agent or neat cement paste on the interface unless directed by the Engineer.. F. Unless otherwise noted, for joints requiring roughened surfaces provide grooves ½-inch to 1-inch wide, ¼-inch to ½-inch deep, spaced at twice the width of the groove. G. Where a roughened surface is not required, provide shear keys with a positive mechanical bond using formed depressions covering one third to one half of the joint area and approximately 1-1/2 inches deep. Provide shear keys where indicated on the drawings. 3.04 CURING CONCRETE AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 10 A. Follow ACI 308.1. B. Maintain concrete above 40° F and in a moist condition for at least the first seven days (168 hours) after placement. C.Do not use curing compounds on surfaces to receive additional concrete. D. Where permitted, apply an ASTM C 309, Type 1, Class A or B curing compound to the fresh concrete immediately after finishing the concrete and as soon as the visible bleed water has evaporated or as directed by the Engineer. Apply according to the manufacturer’s recommendations. The rate of coverage shall be at least one gallon per 100 square feet and be sufficient to effectively obscure the original color of the concrete. E. Apply the curing compound in two applications to ensure full coverage of the concrete, with the second coat applied in a direction perpendicular to that of the first application. F. Do not apply curing compound to construction joint surfaces, reinforcing steel, or embedments. Completely remove curing compound on construction joints, reinforcing steel, or embedments immediately. G. Supply backup spray equipment and sufficient workers to properly apply the curing compound. H. Within 12 hours following the application of the curing compound (unless a shorter period is required by the compound manufacturer), cover the top surfaces with cotton mats, an approved vapor proof curing paper, or white polyethylene sheeting. Keep cotton mats continuously wet day and night for the period of time specified above. Keep curing paper or sheeting in place for the same period of time specified above. I. Keep curing paper or sheeting tightly in place by taping and weighting joints, or other methods for the prescribed period of time. J. Do not use membrane curing compounds which leave a waxy film on the concrete. K. After the concrete has cured for the required time, sweep the top surfaces clean. L. Protect concrete from damage and accelerated drying. No fire or excessive heat shall be permitted near the concrete at any time. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 11 M. In lieu of curing compounds wet burlap or other wet cure methods may be used if approved by the Engineer. N. Use only wet cure methods on concrete surfaces against which additional concrete will be cast. O. Use wet cure methods continuously for the prescribed duration of the curing period. 3.05 FINISHING CONCRETE A. Provide a finish on permanently exposed surfaces, unless specifically noted otherwise, free from local bulging with ridges or lips removed to leave a smooth, flat surface. Patching mortar, if used, shall be of the same color as the surrounding concrete. Add white Portland cement as needed to the patching mortar for color matching. Complete a test section, approved by the Engineer, prior to production work. B. Protect finished surfaces from damage, stains and abrasion. Repair surfaces or edges damaged during construction at no cost to the City. C. Defects: 1. Surface defects include honeycomb, rock pockets, spalls, chips, air bubbles, voids, pinholes, bug holes, and indentations greater than or equal to 1/4 inch in depth, or greater than or equal to 1/2 inch in width, length, or diameter. Chip out defects to reveal sound concrete and patch as directed by the Engineer, at no additional cost to the City. 2.Surface cracks greater than or equal to 0.007 inches in width. Patch these cracks as directed by the Engineer, at no additional cost to the City. 3.Surface irregularities include embedded objects, embedded debis, lift lines, sand lines, bleed lines, segregation, form pop-outs, fins, form leakage, texture irregularities, stains and other discolorations that cannot be removed by water blast cleaning. Repair these defect as specified in this section unless otherwise directed by the Engineer. D.Vertical Surfaces and Walls: 1. Immediately after removal of forms or form linings, inspect the concrete surfaces for defects and irregularities. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 12 2. Repair defects, defective concrete, and tie rod holes immediately after the forms are removed unless otherwise directed by the Engineer. Chip out and remove exposed tie wires and the patch. Repair with BASF EMACO R350 CI or an epoxy mortar approved by the Engineer applied according to the manufacturer’s instructions by experienced personnel qualified by the material manufacturer. 3. Thoroughly clean and roughen vertical surfaces, against which concrete will be cast, to an amplitude of 1/4 inch. These are construction joints. Roughen using methods in accordance with the construction permits and approved by the Engineer, to expose sound concrete without undercutting the larger aggregate particles or cracking the concrete to remain. E. Horizontal Surfaces: 1. Thoroughly clean and roughen horizontal surfaces that will carry additional concrete or hot-mix-asphalt to an amplitude of 1/4 inch. These are construction joints. Roughen using methods in accordance with the construction permits and approved by the Engineer, to expose sound concrete without undercutting the larger aggregate particles or cracking the concrete to remain. 2. Provide a smooth wood float finish at exposed horizontal surfaces that will not receive additional concrete or hot-mix-asphalt shall have a smooth wood float finish. 3. Provide a light broom finish at walking surfaces. The broom stria shall be 1/16 inch to 1/8 inch. 3.06 TESTING Testing of concrete will be performed by an accredited testing agency retained by the City. Methods of sampling, testing, evaluation, and acceptance will conform to ACI 301. Assist the City with access to collect samples. A. Testing as described above will be at the Port’s discretion and in no way relieves the Contractor of any obligations. B.The Contractor shall perform its own tests and institute a quality assurance program to assure the specified quality of materials and work are provided. C. The Contractor shall perform its own tests to assure that the work progresses without delay. AGENDA ITEM #7. g) DIVISION 03 – CONCRETE Section 03 30 00 – Cast-in-Place Concrete 03 30 00 - 13 D. Tests performed by the City will be done at no cost to the Contractor, except as noted below. 1. Additional testing and inspection required because of changes in materials, proportions, and procedures requested by the Contractor. 2. Additional testing of materials or concrete when either fails to meet the specification requirements when tested in accordance with the ACI standards and specifications outlined and the appropriate ASTM standards contained therein. END OF SECTION AGENDA ITEM #7. g) DIVISION 05 – METALS Section 05 50 00 – Metal Fabrications 05 50 00 - 1 PART 1 – GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions, and General Requirements, apply to this work as if specified in this section. Work related to this section is described in Section 03 30 00 – Cast-in-Place Concrete. 1.02 DESCRIPTION OF WORK Metal fabrications are indicated on the Drawings and in these Specifications. The work shall consist of furnishing materials, labor, and equipment for fabricating and/or repairing, galvanizing, and erecting metal fabrications, in accordance with the Drawings, notes, and these Specifications. 1.03 REFERENCE STANDARDS A. American Galvanizers Association (AGA), Quality Assurance Manual. B. American Institute of Steel Construction (AISC), Specification for Structural Steel Buildings, 2016. C. American Institute of Steel Construction (AISC), Code of Standard Practice for Steel Buildings and Bridges, 2016. D. American Petroleum Institute (API), Specification for Line Pipe (API 5L), 2007 with errata and addendum through 2009 E. American Society for Testing Materials (ASTM), Standard Specifications and Standard Test Methods, designated by basic reference in this section (use the most current edition at the time of bid unless otherwise indicated). F. American Welding Society (AWS) D1.1 – 2015, Structural Welding Code – Steel. G. American Welding Society (AWS) A2.4 – 2012, Standard Symbols for Welding, Brazing, and Nondestructive Examination. H. Society for Protective Coatings (SSPC), Surface Preparation Specifications. I. Washington Association of Building Officials (WABO) Standard No. 27-13, WABO Welder and Welding Operator Performance Qualification Standard for Structural Steel, Sheet Steel, and Reinforcing Steel. AGENDA ITEM #7. g) DIVISION 05 – METALS Section 05 50 00 – Metal Fabrications 05 50 00 - 2 1.04 QUALITY ASSURANCE A. Demonstrate that the fabricator has a minimum of five (5) years of experience fabricating and working similar metals and configurations, including cutting, bending, forming, welding, and finishing. B. Welders shall be currently certified by the Washington Association of Building Officials (WABO) for structural welding. C. Qualify welding procedures, operations, welders, and tackers in accordance with AWS D1.1. D.The galvanized coating applicator shall specialize in hot-dip galvanizing after fabrication and follow the procedures in the AGA Quality Assurance Manual. E. Perform nondestructive testing (NDT) and inspection of shop and field welds in accordance with AWS D1.1 by an independent testing agency retained by the Contractor. Welds failing to comply shall be repaired or replaced at the Contractor’s expense. 1.05 SUBMITTALS A. Detailed and coordinated shop drawings indicating shop and erection details, including cuts, copes, connections, holes, fasteners, material specifications, welds, surface preparations, and finishes. B. Detailed post installation plan, showing the location of each post to be installed, equipment and detailed procedures to be used in the installations. Include dimensions and field-verified measurements relative to the existing bridge features. C. Welder qualifications and certifications. D. Weld Procedure Specifications (WPS’s) proposed for use on the project. Submit supporting Procedure Qualification Records (PQR’s) for WPS’s not prequalified by AWS. E. For welding to existing bridge steel prepare a written WPS that is proposed for use on the project in accordance with AWS D 1.1, section 8. F.Galvanized coating applicator's Certificate of Compliance that the hot-dip galvanized coatings meet or exceed the specified requirements of ASTM A 123, A 153, and F 2329 as applicable. G. Mill certificates for each heat number of structural and miscellaneous steel. AGENDA ITEM #7. g) DIVISION 05 – METALS Section 05 50 00 – Metal Fabrications 05 50 00 - 3 PART 2 – PRODUCTS 2.01 GENERAL A. Provide products free from oxidation, corrosion, and defects, and of the specified quality. B. Protect materials and fabrications before, during, and after installation from damage. Protect the installed work of other trades from damage. C. Protect galvanized finishes and painted coatings from damage by use of padded slings and straps. D. In the event of damage, immediately make all repairs and replacements as per the manufacturer’s written recommendations, as approved by the Engineer, and at no additional cost to the City. 2.02 STRUCTURAL STEEL A. Plates and Bars: ASTM A 572 Grade 50. B. Angles and Channels: ASTM A 36. C. Steel Pipe: ASTM A 252, Grade 3, with a minimum yield strength of 50 ksi. Conform to the requirements of API 5L, section 7.6, for steel pipe straightness. D. Hollow Structural Sections: ASTM A 500, Grade C. 2.03 BOLTS, NUTS, AND WASHERS A. Anchor bolts or anchor rods: ASTM F 1554, Grade 55, headed, meeting Supplements S1 and S4, unless noted otherwise. B. High strength bolts: ASTM F 3125, Grade 325, with threads excluded from the shear planes. C. Economy bolts, hex head bolts, and other bolts not specified as high- strength: ASTM A 307, Grade A. D. Nuts: ASTM A 563, suitable for grade of bolt. E. Washers: ASTM F 436 for high strength bolts, ASTM F844, wide series, maximum thickness, for all other bolts except where bearing on timber. AGENDA ITEM #7. g) DIVISION 05 – METALS Section 05 50 00 – Metal Fabrications 05 50 00 - 4 F. Washers under nut and bolt heads bearing on timber, except under heads of economy bolts: malleable iron conforming to ASTM A 47. 2.04 OTHER MATERIALS Provide other materials not specifically described but required to complete the work, new, free of corrosion, and subject to the approval of the Engineer. PART 3 – EXECUTION 3.01 PREPARATORY REVIEW A. Prior to work of this section, inspect the installed work of other trades affecting this work and verify that such work is complete to the point where this installation may commence. B. Coordinate and furnish placement drawings, templates, instructions, and directions for installation of embedded anchorages, including concrete inserts, sleeves, anchor bolts, and miscellaneous items. C. Verify that the work can be fabricated and installed in accordance with the drawings, specifications, and reference standards. Immediately report discrepancies to the Engineer and do not proceed with fabrication or installation until discrepancies are resolved and direction is provided. 3.02 FABRICATION A. Fabricate work in accordance with the approved shop drawings and reference standards. B. Shop-fabricate and preassemble items complete for installation to the extent practicable to minimize field assembly. Disassemble units only as necessary for shipping and handling limitations. C. Unless otherwise indicated on the drawings, shop weld connections unless otherwise directed on the drawings. Provide joints that are tight fitting, securely fastened, square, plumb, straight, and true. D. Drill or punch holes required for attachments and bolted connections including those of other trades. Do not burn holes. E. Weld metal fabrications in accordance with AWS D1.1. F. Install and erect metal fabrications in accordance with the Drawings, shop drawings, reference standards, and permit requirements. AGENDA ITEM #7. g) DIVISION 05 – METALS Section 05 50 00 – Metal Fabrications 05 50 00 - 5 3.03 PROTECTIVE COATINGS A. Hot-dip galvanize metal fabrications and fasteners, except as noted in this section, in conformance with ASTM A 123, ASTM A 143, ASTM A 153, ASTM A 384, ASTM A 385, and ASTM F 2329, as applicable. B. Identify proposed drain holes or vent holes required to produce galvanized coatings to the specified standards. Locate holes on the shop drawings. C. Galvanize items, to the extent practicable, immediately after fabrication is complete. D. Restore damaged galvanizing, including damage due to welding, in accordance with ASTM A 780, Annex A1. Do not use zinc-rich paints or cold spray materials. Prepare surfaces and apply in accordance with manufacturer’s written instructions and specifications. END OF SECTION AGENDA ITEM #7. g) DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES Section 06 10 00 – Rough Carpentry 06 10 00 - 1 PART 1 – GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, apply to this work as if specified in this section. Work related to this section is described in the following sections. A. Section 02 41 00 – Demolition B. Section 05 50 00 – Metal Fabrications 1.02 DESCRIPTION OF WORK A. The location and extent of the construction are indicated on the Drawings. The work shall consist of furnishing all labor, material, and equipment for the removal and replacement of timber members and connections, in accordance with the Drawings, notes, and these specifications. B. Field-verify dimensions. Field-verify required sizing prior to ordering materials. 1.03 QUALITY ASSURANCE A. Provide at least one qualified person present at all times during execution of this portion of the work, who shall be thoroughly trained and experienced in the type of work indicated on the Drawings and in these Specifications, and who shall direct all work performed under this Section. Qualified personnel shall have at least five (5) years experience performing the work described in this section. B. Provide trained and experienced workers, having at least five (5) years experience. 1.04 REFERENCE STANDARDS Use the most current edition at time of bid unless otherwise indicated. A. AITC Timber Construction Manual. B. West Coast Lumber Inspection Bureau (WCLIB) Standard Grading Rules for West Coast Lumber. C.American Wood Preservers Association (AWPA) Wood Preservative Standards. AGENDA ITEM #7. g) DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES Section 06 10 00 – Rough Carpentry 06 10 00 - 2 D. Western Wood Preservers Institute (WWPI) Best Management Practices (BMPs) for the Use of Treated Wood in Aquatic and Other Sensitive Environments. 1.05 PRODUCT HANDLING A. Store lumber off ground and protect from moisture by canvas or plastic covers, but provide ventilation. B. Handle and care treated lumber in accordance with AWPA Standard M-4. C.In the event of damage, immediately make all repairs and replacements necessary as directed by the Engineer and at no additional cost to the City. 1.06 SUBMITTALS A. Manufacturers' certificates regarding quality of materials and preservative treatments, their conformance to specifications, and recommendations for product handling storage. B. Material order lengths (pile caps, stringers, and posts). PART 2 – PRODUCTS 2.01 GENERAL A. Provide new materials only. B. Identify stress-graded lumber by the WCLIB grade stamp or other inspecting agency as approved by the Engineer. 2.02 STRUCTURAL TIMBER A. Provide Douglas Fir-Larch, Grade Dense No. 1 conforming to WCLIB rules. B. Surface timbers as noted on the Drawings. If not noted, surface four sides. 2.03 PRESERVATIVE TREATMENT A. Treat timber with 0.60 pounds per cubic foot (pcf) of ammonical copper zinc arsenate (ACZA). Treat in accordance with AWPA Standards T1, U1, and UC4B. Incorporate BMPs as set forth by WWPI. Include evidence that the BMP Standards including BMP Amendment No. 1 have been met. B. Treat shims in accordance with AWPA Standards T1, U1, and UC4A to a minimum retention of 0.4 pcf of ACZA. AGENDA ITEM #7. g) DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES Section 06 10 00 – Rough Carpentry 06 10 00 - 3 C. Store, handle, care, and field treat timbers in accordance with AWPA Standard M4. 2.04 HARDWARE A. Provide bolts and miscellaneous hardware conforming to Section 05 50 00 –Metal Fabrications. Provide new materials except as noted on the Drawings. B. Provide malleable iron washers under all nut and bolt heads (except under heads of economy bolts) bearing on timber. PART 3 – EXECUTION 3.01 GENERAL A. Prior to the work, inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence and be performed in accordance with the Drawings and these Specifications. B. Field measure the members designated for replacement. Verify the order lengths are the actual measured lengths plus any additional length to ensure a tight fit in the field. C. Install timbers in accordance with the Drawings and these Specifications. D. Care, handling, and field treatment of pressure-treated timber shall be in accordance with AWPA Standard M-4. 3.02 INSTALLATION A. Existing bolts, drift pins, or spikes remaining after removal of old timbers shall be cut flush with existing wood surfaces. B.Confine handling of treated timber with pointed tools to the ends of members. Use soft lines or slings for handling timber, not steel cables. C. Fastening 1. Bore holes for bolts 1/16 inch larger than the bolt. 2. Pre-bore lead holes for spikes 1/16 inch less than the spike shaft diameter. 3. Pre-bore lead holes for lag screws to 65% of the shank diameter. AGENDA ITEM #7. g) DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES Section 06 10 00 – Rough Carpentry 06 10 00 - 4 4. Use washers, as specified, under bolt heads and nuts bearing on wood. 5. Thoroughly swab holes bored in pressure-treated material with a material equal to the original preservative treatment. D. After cut off, treat post tops with a liberal application of copper naphthenate until visible evidence of further penetration has ceased. E. Install 30-pound asphalt-saturated organic felt on the top surface of timber piles that support pile caps or sub caps prior to placing subsequent materials on them. Extend felt a minimum of 6 inches beyond the member edges in all directions, fold over the side of the pile, and fasten with large- headed roofing nails. F. Pile caps may be field trimmed to fit tightly within the designated space as indicated on the drawings. Capture cut-off pieces and saw tailings so they do not fall into the water. END OF SECTION AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 1 PART 1 – GENERAL 1.01 RELATED WORK SPECIFIED ELSEWHERE The provisions and intent of the Contract, including the General Conditions, Supplementary Conditions and General Requirements, apply to this work as if specified in this section. Work related to this section is described in: A. Section 02 41 00 – Demolition B. Section 03 10 00 – Concrete Forming and Accessories C. Section 03 30 00 – Cast-in-Place Concrete 1.02 DESCRIPTION OF WORK A. The extent and location of Earthwork are indicated on the Drawings. The work includes excavation, backfill, and compaction of areas associated with Timber Foundation Replacement and the West Bridge Pier. B. Export excavated materials generated as a result of the work off-site to an approved disposal facility. 1.03 REFERENCES A. Standard Specifications for Road, Bridge, and Municipal Construction, M41-10, 2018 edition, by Washington State Department of Transportation (WSDOT Standard Specifications). B. American Society for Testing Materials (ASTM), Standard Specifications and Standard Test Methods, designated by basic reference in this section (use the most current edition at the time of bid unless otherwise indicated). 1.04 QUALITY ASSURANCE Comply with the applicable provisions of pertinent local, state, and federal codes and regulations along with permit requirements. References made herein to materials and execution of work refer to designations published in the WSDOT Standard Specifications. 1.05 SUBMITTALS A. Before bringing to the site, perform, pay for, and submit test reports for all imported materials in accordance with the off-site borrow source AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 2 characterization and characterization testing, reporting, and certification requirements specified herein. B. Submit work plan for excavation of materials, including name and location of disposal facility. 1.06 SITE CONDITIONS A. No investigations of subsurface conditions have been completed for this project. Remove material as required to install the concrete footing. B.Verify the location of existing utilities at the site, and use an independent private locate company to assist. Protect those utilities which are to remain from damage. Repair damage to utilities which are to remain at no cost to the City. PART 2 – PRODUCTS 2.01 CHARACTERIZATION TESTING, REPORTING, AND CERTIFICATION A. Provide materials and products of the quality, size, shape, and gradation as specified in the contract documents. B. Provide and pay for source characterization, testing, reporting, and certification for all off-site borrow materials as described below. Provide documentation for the City’s approval demonstrating that all imported materials from a borrow pit meet the contract requirements and certify that the materials are free of regulated materials. 2.02 OFFSITE BORROW SOURCE CHARACTERIZATION A. Perform off-site borrow source characterization, testing, reporting, and certification on imported materials as specified above to assure that they meet the contract document requirements; are natural, native, virgin materials; and are free of debris, other deleterious substances, regulated materials, and recycled materials. B. Submit a characterization report and certification, for approval by the City, for all imported material prior to placement on-site. 1. Base the characterization on multiple samples, include source identification, analyses of a material source sample, and a source inspection report. AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 3 2. Once approved and imported to the site, perform an on-site inspection of the material to verify that it is the material sampled, characterized, and approved. 3. Provide source identification documentation of the origin of imported materials and maps identifying specific location(s) of material source(s). Submit the physical and chemical reports provided by the material supplier. 4. Inspect materials sources for visual compliance with the contract documents. Visually inspect imported material upon delivery to the site. Inspect materials for the presence of foreign, recycled, or reprocessed material. Report anomalies to the City immediately. C.The characterization testing, reporting, and certification requirements described above may be waived if it’s demonstrated, as determined by the City, that the material is from a known source, of natural origin, is supplied by a commercial material supplier, and if free of regulated materials at the concentrations as defined above. The information used to demonstrate compliance must be recent, contain sufficient quality assurance/quality control data with results, and be from a laboratory recognized and acceptable to the City. D.Any imported materials determined by the City to be substandard will be rejected. Remove all rejected material and rejected material stockpiles from the site at no cost to the City. 2.03 FOUNDATION BASE COURSE Meet the requirements of WSDOT Standard Specifications, section 9-03.9(3) 2.04 HAND PLACED RIPRAP Meet the requirements of WSDOT Standard Specification, section 9-13.1(4) PART 3 – EXECUTION 3.01 GENERAL A. Excavate and backfill as specified herein, within the tolerances established in the contract documents, and conform to recognized industry standards, whichever are more stringent as determined by the Engineer. AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 4 B. Excavation: Homogeneous or mixtures of naturally occurring earth, fill, sand, gravel, stones, clays, or loam, moved to facilitate the construction of structures, and associated work. C. Move excavated material with the use of mechanical or handheld equipment, such as shovels, loaders, excavators, etc. Do not use drilling, blasting, or drilling and line breaking. Do not move excavated material by the sluicing method. D. Where ever possible, excavate in horizontal layers, and in such a way that the resulting stockpiles are a blend of the naturally occurring materials. E. Backfill by placing material in horizontal layers upon earth which has been prepared or otherwise approved by the City. F. Construct in compacted layers of uniform thickness. Carry the layers up full width from the bottom. Compact with modern, efficient compacting units, or as directed by the City. The compacting units may be of any type, provided they are capable of compacting each lift of the material to the specified density. The City may order the use of any particular compacting unit discontinued if it is not capable of compacting the material to the required density within a reasonable time, of if the equipment may damage underlying or adjacent soils or structures. G. Construct backfill areas in accordance with WSDOT Standard Specifications section 2-03.3(14)C. Do not exceed 8 inches in loose thickness for each horizontal layer. Compact each layer to 95% of the maximum density as determined by compaction control tests described herein. Use small mechanical or vibratory compactor units to compact the layers adjacent to structures that are inaccessible to other compaction equipment. H.Place riprap below the bridge pier in accordance with WSDOT Standard Specification section 8-15. 3.02 EXCAVATION A. Complete excavation within the limits established or within reasonably close conformity with the alignment grade and cross sections indicated on the Drawings or as established within these Specifications. B. Brace and shore sides of excavations. Comply with federal, state, and local regulations regarding, shoring, bracing and other protection requirements. AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 5 C. Keep water out of excavated pits, trenches by pumping or other means of dewatering. Keep the water level below the bottom of concrete pours before, during, and for a minimum of seven days after a concrete pour. 3.03 FILLING AND BACKFILLING A. Place materials as indicated on the Drawings, over compacted subgrade. If subgrade is soft and cannot be adequately compacted, contact the City for direction. B. Remove water from excavated areas, by pumping or other means, before placing and backfill material. C. Compact subgrade, as specified below, before placing and fill or aggregate material. D. Place backfill to the lines and grades indicated on the Drawings. 3.04 COMPACTION A. Subgrade Preparation: 1. Grade subgrade within a tolerance of 0.05 foot plus or minus, ready for base course. 2. Immediately prior to placement of backfill materials, clean the entire width and length of the area to be backfilled. Remove debris and organics and dispose of as directed by the City. 3. Drain depressions or ruts that contain water. 4. Shape the entire subgrade to a smooth uniform surface, true to line, grade, and cross section in accordance with the Drawings and as directed by the City. 5. Compact the subgrade material to a depth of 6 inches to 95 percent of the material’s maximum dry density as determined by ASTM D 1557. If soft or spongy material underlying the subgrade precludes satisfactory compaction, loosen, aerate, or excavate, replace and compact to the required density as directed by the City. B.Compact with approved equipment suited to the materials and the area being compacted. Moisten or aerate material as necessary to provide the moisture content that is in conformance with this Section and will readily facilitate obtaining the specified compaction with the equipment used. AGENDA ITEM #7. g) DIVISION 31 – EARTHWORK Section 31 00 00 – Earthwork 31 00 00 - 6 C. Place each lift of material uniformly compacted to the density indicated for the specific material and use as set forth in these Specifications. The percent of density required is in relation to the maximum density obtainable at optimum moisture content as determined by the compaction control tests. 3.05 EXCESS MATERIAL DISPOSAL Dispose of all excess soils and materials that the City determines to be Excess Material. Dispose of soils and materials at location(s) permitted to receive the type of excess soils and materials to be disposed. END OF SECTION AGENDA ITEM #7. g) APPENDIX A: PERMITS AGENDA ITEM #7. g) DEPARTMENTOFTHEARMYCORPSOFENGINEERS,SEATTLEDISTRICTP.O.BOX3755SEATTLE,WASHINGTON98124-3755September6,2019CityofRenton,ParksDivisionMr.AlanWyattRentonCityHall,Sixthfloor1055SouthGradyWayRenton,Washington98057Reference:NW$-2019-593CityofRentonParksDivision(Cedar RiverTrailTrestleBridgeRepair)DearMr.Wyatt:WehavereceivedyourapplicationforaDepartmentoftheArmy(DA)permittodischargeupto5cubicyardsoflooseriprapinupto50squarefeetoftheCedar RivertorepairtheCedarRiverTrailTrestleBridgeatRenton,KingCounty,Washington,asdepictedontheencloseddrawings dated July2019.Regulationsandguidelines implementingourregulatoryprogramunderSection404oftheCleanWaterAct(Section404)generallyrequirethatyouobtainapermit priortodischargingdredgedorfillmaterialintowatersoftheU.S.,includingwetlands.formoreinformation,seetheenclosedCleanWaterActExtractsandDefinitions.However,certaindischargesareexemptfromregulationundertheCleanWaterAct.federalRegulation33CfR323.4(a)(2)statesthatthemaintenance,includingemergencyreconstructionofrecentlydamagedparts,ofcurrentlyserviceablestructuressuchasdikes,darns,levees, groins,riprap,breakwaters,causeways,bridgeabutmentsorapproaches,andtransportationstructuresgenerallydoesnotrequireaDApermit.Maintenancedoesnotincludeanymodificationthatchangesthecharacter,scopeorsizeoftheoriginalfilldesign.Emergencyreconstructionmustoccurwithinareasonableperiodoftimeafterdamageoccursinordertoqualifyforthisexemption.Inadditiontothe aboverequirements,thedischargeofdredgedorfillmaterialmustmeettwoadditionalrequirementstoqualifyforanexemption:(1)thedischargedmaterialmaynotcontainatoxic pollutantlistedunderSection307oftheCleanWaterActand(2)thedischargemaynotconvertanareaofwatersoftheU.S.toa usetowhichitwasnotpreviouslysubjectRegulatoryBranchAGENDA ITEM #7. g) -2-wheretheflow,circulation,orreachisimpairedorreduced.PleasecontactusforaDApermitifyourproposaldoesnotmeettheserequirements.Basedontheinformationyouprovided,thedischargeoffillmaterialincludedinyourproposalqualifiesundertheabovedescribedexemptioninourregulationsand,therefore,doesnotrequireaSection404DApermit.TheCorpsalsoregulatesworkinnavigablewatersoftheU.S.underSection10oftheRiversandHarborsAct.However,sincetheproposedworkwouldnotoccurinanavigablewateroftheU.S.,itwillnotrequireaSection10DApermit.WhileaDApermitisnotrequiredforyourproposal,local,state,andotherfederalrequirementsmayapply.Forassistanceindeterminingotherpermitrequirementsfortheproposedproject,werecommendyoucontacttheWashingtonStateOfficeofRegulatoryAssistanceviatheinternetatwww.ora.wa.gov.Ifyouhaveanyquestions,pleasecontactMs.KristinMcDermottatkristin.l.mcdermott@usace.army.milor(206)316-3975.Sincerely,niectinChiefegulatoryBrancEnclosuresAGENDA ITEM #7. g) -o00Cl,DCI4VICINITYMAPSCALE:NTSPROPOSEDPROJECT:MAINTENANCEREPAIRSTOCEDARRIVERTRAILTRESTLEBRIDGEREPAIRSPEDESTRIANBRIDGEOVERCEDARRIVERINRENTON,WASHEET13245SE7THAVENUE,RENTONWA9B05BAT:CITYOFRENTON,WASHINGTONREFERENCEB:PROJECTLOCATIONAPPLICANT:CITYOFRENTON,PARKSDIVISIONWATERBODY:CEDARRIVERADJACENTPROPERTYOWNERS:(SEEAPPLICATION(USACEREFERENCEB:NWS-2019-593LAT=42B’30.B8”NAPPLICANT:COUNTY:KINGLONG=12210’34.46”QUARTER-SECTION-TOWNSHIP-RANGE=SW-16-23-SCITYOFRENTON,PARKSDIVISIONPARCEL#=1623059023DATE:JULY2019SHEET:1OF7AGENDA ITEM #7. g) 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Va)d)aaC0Co©nC)0C)=00cCa)0000c0&aiii’zaE8CPROPOSEDPROJECT:MAINTENANCEREPAIRSTOCEDARRIVERTRAILTRESTLEBRIDGEREPAIRSPEDESTRIANBRIDGEOVERCEDARRIVERINRENTON,WASHEET43245SE7THAVENUE,RENTONWA98058AT:CITYOFRENTON,WASHINGTONREFERENCE4:PROPOSEDREPAIRSAPPLICANT:CITYOFRENTON,PARKSDIVISIONWATERBODYCEDARRIVERADJACENTPROPERTYOWNERS:(SEEAPPLICATION(USACEREFERENCE#:NWS-XXXX-XXXLATh428’30.88”NAPPLICANT:COUNTY:KINGLONG1221034.46”QUARTER-SECTION-TOWNSHIP-RANGE=SW-16-23-5CITYOFRENTON,PARKSDIVISIONPARCELU=1623059023DATE:JULY2019SHEET:4OF7AGENDA ITEM #7. g) 1a,=U<C>Ca,z0a,a,CCCES>)ZO—QSCa,a,CIa,0Cow4=H\UII-U.UI4-0±MIN,SEE5)1±575-7c:::0a,a,a,a:n0a:a,:Ca,,Da,a,a,ra,S8I0SaaUIa,V2UUIa.UIIU,UIUI(a,=5h!:I•2ZLUc1-IIzcZWI.—wUI0.UIWIUIza.UI-Ia.C)‘T)t)t)I)C)C)C)CI•-C)C)C)C)t)C)C)t)t)j:;C)C)C)C)C)C.)t]L4714137)41UIa.UIIU,UIUI)PROPOSEDPROJECT:MAINTENANCEREPAIRSTOCEDARRIVERTRAILTRESTLEBRIDGEREPAIRSPEDESTRIANBRIDGEOVERCEDARRIVERINRENTON,WASHEETS3245SE7THAVENUE,RENTONWA98058AT:CITYOFRENTON,WASHINGTONREFERENCES:TIMBERBRIDGEPIERREPAIRSAPPLICANT:CITYOFRENTON,PARKSDIVISIONWATERBODY:CEDARRIVERADJACENTPROPERTYOWNERS:(SEEAPPLICATION)USACEREFERENCE#:NWS-XXXX-XXXLAT=428’30.88”NAPPLICANT:COUNTY:KINGLONG=1221034.46”QUARTER-SECTION-TOWNSHIP-RANGE=SW-16-23-5CITYOFRENTON,PARKSDIVISIONPARCEL#=1623059023DATE:JULY2019SHEET:5OF7AGENDA ITEM #7. g) LULUILUz0I>LU-ILUzI,—u000+19=b<,-z00z0D0—.=‘4-0=_DZ>14-060<zcILULUILUz0ILULI,H‘30,0,VU0=I0,UBU€UI(d’0LU-II‘9zL1UIELU-JII,,‘CLUI‘9z1)L1UIE0-00—’=))H‘300001010,_-Z::<iZ0=I-I_UI_-0<0000004-4-U,PROPOSEDPROJECT:MAINTENANCEREPAIRSTOCEDARRIVERTRAILTRESTLEBRIDGEREPAIRSPEDESTRIANBRIDGEOVERCEDARRIVERINRENTON,WASHEET63245SE7THAVENUE,RENTONWA98058AT:CITYOFRENTON,WASHINGTONREFERENCEB:TRESTLEBRIDGEREPAIRSAPPLICANT:CITYOFRENTON,PARKSDIVISIONWATERBODY:CEDARRIVERADJACENTPROPERTYOWNERS:(SEEAPPLICATION)USACEREFERENCEB:NWS-XXXX-XXXLAT=4728’30.88”NAPPLICANT:COUNTY:KINGLONG”122’10’34.46”OUARTER-SECTION-TOWNSHIP-RANGE=SW-16-23-5CITYOFRENTON,PARKSDIVISIONPARCELB=1623059023DATE:JULY2019SHEET:6OF7AGENDA ITEM #7. g) h’9%‘%4l4pfrQJ/1/GlI1’*‘Ia,a,CC0CU,Da00E0aIIII40804,“et40L1C-.-PROPOSEDPROJECT:MAINTENANCEREPAIRSTOCEDARRIVERTRAILTRESTLEBRIDGEREPAIRSPEDESTRIANBRIDGEOVERCEDARRIVERINRENTON,WASHEET73245SE7THAVENUE,RENTONWA98058AT:CITYOFRENTON,WASHINGTONREFERENCE#:ACTIONAREAAPPLICANT:CITYOFRENTON,PARKSDIVISIONWATERBODY:CEDARRIVERADJACENTPROPERTYOWNERS:(SEEAPPLICATION)USACEREFERENCE#:NWS-XXXX-XXXLAT472830.88”NAPPLICANT:COUNTY:KINGLONG=122’1034.46”QUARTER-SECTION-TOWNSHIP-RANGE=SW-16-23-5CITYOFRENTON,PARKSDIVISIONPARCEL#1623059023DATE:JULY2019SHEET:7OF7AGENDA ITEM #7. g) t1CleanWaterActExtractsandDefinitionsSeattleDistrictEXTRACTSfromtheCleanWaterAct:1.SECTION301(33U.S.C.1311)ThedischargeofanypollutantbyanypersonshallbeunlawfulexceptasincompliancewithvarioussectionsoftheCleanWaterAct,includingSection404.2.SECTION309(33U.S.C1319)ThissectionprovidesthatanypersonwhonegligentlyviolatestheprovisionsoftheCleanWaterActmaybepunishedbyacriminalpenaltyofnotlessthan$2,500normorethan$25,000perdayofviolation,orbyimprisonmentfornotmorethanoneyear,orbyboth.AnypersonwhoknowinglyviolatesthisActmaybepunishedbyacriminalpenaltyofnotlessthan$5,000normorethan$50,000perdayofviolation,orbyimprisonmentfornotmorethan3years,orbyboth.ThissectionalsoprovidesthatanypersonwhoviolatestheprovisionofthisActmaybesubjecttoacivilpenaltyupto$53,484perdayforeachviolation.3.SECTION404(33U.S.C.1344)(a)TheSecretaryoftheArmy,actingthroughtheChiefofEngineers,mayissuepermits,afternoticeandopportunityforpublichearings,forthedischargeofdredgedorfillmaterialintothenavigablewatersatspecifieddisposalsites.(b)Subjecttosubsection(c)ofthissection,eachsuchdisposalsiteshallbespecifiedforeachsuchpermitbytheSecretaryoftheArmy(1)throughtheapplicationofguidelinesdevelopedbytheAdministratoroftheEnvironmentalProtectionAgency(Administrator),inconjunctionwiththeSecretaryoftheArmy,whichguidelinesshallbebaseduponcriteriacomparabletothecriteriaapplicabletotheterritorialseas,thecontiguouszone,andtheoceanundersection403(c),and(2)inanycasewheresuchguidelinesunderclause(1)alonewouldprohibitthespecificationofasite,throughtheapplicationadditionallyoftheeconomicimpactsofthesiteonnavigationandanchorage.(C)TheAdministratorisauthorizedtoprohibitthespecification(includingthewithdrawalofspecification)ofanydefinedareaasadisposalsite,andheisauthorizedtodenyorrestricttheuseofanydefinedareaforspecification(includingthewithdrawalofspecification)asadisposalsite,wheneverhedetermines,afternoticeandopportunityforpublichearings,thatthedischargeofsuchmaterialsintosuchareawillhaveanunacceptableadverseeffectonmunicipalwatersupplies,shellfishbedsandfisheryareas(includingspawningandbreedingareas),wildlife,orrecreationalareas.Beforemakingsuchdetermination,theAdministratorshallconsultwiththeSecretaryoftheArmy.TheAdministratorshallsetforthinwritingandmakepublichisfindingsandhisreasonsformakinganydeterminationunderthissubsection.IAGENDA ITEM #7. g) DEFINITIONSfromtheU.S.ArmyCorpsofEngineersRegulatoryProgram:Theterm“wetlands”meansthoseareasthatareinundatedorsaturatedbysurfaceorgroundwateratafrequencyanddurationsufficienttosupport,andthatundernormalcircumstancesdosupport,aprevalenceofvegetationtypicallyadaptedforlifeinsaturatedsoilconditions.(33C.F.R.328.3)Theterm“adjacent”meansbordering,contiguous,orneighboring.WetlandsseparatedfromotherwatersoftheUnitedStatesbymanmadedikesorbarriers,naturalriverberms,beachdunes,andthelikeare“adjacentwetlands.”(33C.F.R.328.3)Theterm“ordinaryhighwatermark”meansthatlineontheshoreestablishedbythefluctuationsofwaterandindicatedbyphysicalcharacteristicssuchasaclear,naturallineimpressedonthebank,shelving,changesinthecharacterofsoil,destructionofterrestrialvegetation,thepresenceoflitteranddebris,orotherappropriatemeansthatconsiderthecharacteristicsofthesurroundingarea.(33C.F.R.328.3)Theterm“hightideline”meansthelineofintersectionofthelandwiththewater’ssurfaceatthemaximumheightreachedbyarisingtide.Thehightidelinemaybedetermined,intheabsenceofactualdata,byalineofoilorscumalongshoreobjects,amoreorlesscontinuousdepositoffineshellordebrisontheforeshoteorberm,otherphysicalmarkingsorcharacteristics,vegetationlines,tidalgages,orothersuitablemeansthatdelineatethegeneralheightreachedbyarisingtide.Thelineencompassesspringhightidesandotherhightidesthatoccurwithperiodicfrequencybutdoesnotincludestormsurgesinwhichthereisadeparturefromthenormalorpredictedteachofthetideduetothepilingupofwateragainstacoastbystrongwindssuchasthoseaccompanyingahurricaneorotherintensestorm.(33C.F.R.328.3)Theterm“navigablewatersoftheUnitedStates”meansthosewatersthataresubjecttotheebbandflowofthetideand/orarepresentlyused,orhavebeenusedinthepast,ormaybesusceptibleforusetotransportinterstateorforeigncommerce.(33C.F.R.329.4)Theterm“dischargeofdredgedmaterial”meansanyadditionofdredgedmaterialinto,includingredepositordredgedmaterialotherthanincidentalfallbackwithin,thewatersoftheUnitedStates.Thetermincludes,runofffromacontainedlandorwaterdisposalarea,andanyaddition,includingredeposit,ofdredgedorexcavatedmaterial.ThetermdredgedmaterialmeansmaterialthatisexcavatedordredgedfromwatersoftheUnitedStates.(33C.F.R.323.2)Theterm“dischargeoffillmaterial”meanstheadditionoffillmaterialintowatersoftheUnitedStates.Thetermgenerallyincludesplacementoffillnecessaryfortheconstructionofanystructureorinfrastructurerequiringrock,sand,dirt,orothermaterialsforitsconstruction.FillmaterialismaterialplacedinwatersoftheUnitedStateswherethematerialhastheeffectofreplacinganyportionofthewaterswithdrylandorchangingthebottomelevationofanyportionofthewaters.(33C.F.R.323.2)2AGENDA ITEM #7. g) PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton, Parks Division BergerABAM ATTENTION: Alan Wyatt ATTENTION: Grace Roberts Renton City Hall, 1055 South Grady Way, Sixth Floor 33301 9th Ave S Renton, WA 98057 Federal Way, WA 98003-2600 Project Name:Cedar River Trail Trestle Bridge Repairs Project Description:The City Parks Department proposes maintenance repairs of an existing pedestrian bridge over the Cedar River in Renton, Washington. The proposed repairs include elements that occur within and over the Cedar River. Repairs will also consist of actions that occur in uplands adjacent to the river. The timber elements of the bridge and approach trestle were the subject of BergerABAM¶s 2017 and 2018 inspections, which found degradation in two of the timber piles supporting the north abutment and in some of the timbers in the pad supporting the steel truss bridge. Timber facing for the abutment has deteriorated and the subsequent loss of material weakened the abutment. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. PROVISIONS TIMING - PLANS - INVASIVE SPECIES CONTROL 1. TIMING LIMITATION: You may begin the project immediately and you must complete the project by August 22, 2024, provided that replacement of piles, timber facing, and riprap must occur only between July 1 and August 31. 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife entitled, "CEDAR RIVER TRAIL TRESTLE BRIDGE REPAIRS", dated July 2019, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project construction. 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the Washington Department of Fish and Wildlife's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. 4. FISH KILL/ WATER QUALITY PROBLEM NOTIFICATION: If a fish kill occurs or fish are observed in distress at the job site, immediately stop all activities causing harm. Immediately notify the Washington Department of Fish and Wildlife habitat biologist listed below of the problem by calling 425-449-6790. If the likely cause of the fish kill or fish distress is related to water quality, also notify the Washington Military Department Emergency Management Division at 1-800-258-5990. Activities related to the fish kill or fish distress must not resume until the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. Page 1 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-543+01 FPA/Public Notice Number: N/A Application ID: 18174 Project End Date: August 22, 2024 Issued Date: August 23, 2019 AGENDA ITEM #7. g) LOCATION #1:Site Name: Cedar River Trestle Bridge , , WA 98058 WORK START:August 23, 2019 WORK END:August 22, 2024 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Cedar River Lake Washington 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: STAGING, JOB SITE ACCESS, AND EQUIPMENT 5. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 6. Clearly mark boundaries to establish the limit of work associated with site access and construction. 7. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment near the water. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 8. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site has been completed. 9. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 10. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 11. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 12. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 13. Deposit waste material from the project, such as construction debris, silt, excess dirt, or overburden, in an upland area above the limits of anticipated floodwater. 14. Deposit all trash from the project at an appropriate upland disposal location. CONSTRUCTION MATERIALS 15. Store all construction and deconstruction material in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. DEMOBILIZATION AND CLEANUP 16. Replace native riparian zone vegetation damaged or destroyed by construction with native trees and native shrubs. Plant trees 10 feet on center, and shrubs five feet on center. 17. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. 18. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. Page 2 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-543+01 FPA/Public Notice Number: N/A Application ID: 18174 Project End Date: August 22, 2024 Issued Date: August 23, 2019 AGENDA ITEM #7. g) APPLY TO ALL HYDRAULIC PROJECT APPROVALS This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in civil action against you, including, but not limited to, a stop work order or notice to comply, and/or a gross misdemeanor criminal charge, possibly punishable by fine and/or imprisonment. All Hydraulic Project Approvals issued under RCW 77.55.021 are subject to additional restrictions, conditions, or revocation if the Department of Fish and Wildlife determines that changed conditions require such action. The person(s) to whom this Hydraulic Project Approval is issued has the right to appeal those decisions. Procedures for filing appeals are listed below. SW 1/4 16 23 N 05 E 47.475255 -122.176111 King Location #1 Driving Directions Page 3 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-543+01 FPA/Public Notice Number: N/A Application ID: 18174 Project End Date: August 22, 2024 Issued Date: August 23, 2019 AGENDA ITEM #7. g) MINOR MODIFICATIONS TO THIS HPA: You may request approval of minor modifications to the required work timing or to the plans and specifications approved in this HPA unless this is a General HPA. If this is a General HPA you must use the Major Modification process described below. Any approved minor modification will require issuance of a letter documenting the approval. A minor modification to the required work timing means any change to the work start or end dates of the current work season to enable project or work phase completion. Minor modifications will be approved only if spawning or incubating fish are not present within the vicinity of the project. You may request subsequent minor modifications to the required work timing. A minor modification of the plans and specifications means any changes in the materials, characteristics or construction of your project that does not alter the project's impact to fish life or habitat and does not require a change in the provisions of the HPA to mitigate the impacts of the modification. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a minor modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are seeking a minor modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234, or by email to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. Page 4 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-543+01 FPA/Public Notice Number: N/A Application ID: 18174 Project End Date: August 22, 2024 Issued Date: August 23, 2019 AGENDA ITEM #7. g) A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request an informal appeal of that action. You must send your request to WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. WDFW must receive your request within 30 days from the date you receive notice of the decision. If you agree, and you applied for the HPA, resolution of the appeal may be facilitated through an informal conference with the WDFW employee responsible for the decision and a supervisor. If a resolution is not reached through the informal conference, or you are not the person who applied for the HPA, the HPA Appeals Coordinator or designee may conduct an informal hearing or review and recommend a decision to the Director or designee. If you are not satisfied with the results of the informal appeal, you may file a request for a formal appeal. B. FORMAL APPEALS: WAC 220-660-470 is the rule describing how to request a formal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete formal appeal procedures. The following information summarizes that rule. A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Larry.Fisher@dfw.wa.gov for Director WDFWLarry Fisher 425-449-6790 Page 5 of 5 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-543+01 FPA/Public Notice Number: N/A Application ID: 18174 Project End Date: August 22, 2024 Issued Date: August 23, 2019 AGENDA ITEM #7. g) !intFormResetFormSaveForrnDEPARTMENTOFCOMMUNITYANDECONOMICDEVELOPMENTPlanningDivision1055SouthGradyWay,6thFloorRenton,WA98057I425-430-7200www.rentonwa.govLANDUSEPERMITMASTERAPPLICATIONPROJECTINFORMATIONPROJECTORDEVELOPMENTNAME:_________________________________________CedarRiverTrailTrestleBridgeRepairsPROJECT/ADDRESS(S)/LOCATIONANDZIPCODE:_____________________________________________________CedarRivetTrailTrestleBridgeRepairs3245SE7thAvenueRenton,WA98058KINGCOUNTYASSESSOR’SACCOUNTNUMBER(S):Quarter-Section-Township-Range=SW-16-23-5Parcel#1623059023EXISTINGLANDUSE(S):PublicTrailBridgePROPOSEDLANDUSE(S):_________________________________________PublicTrailBridgeEXISTINGCOMPREHENSIVEPLANMAPDESIGNATION:PROPOSEDZONING(ifapplicable):_______________________________N/ASITEAREA(insquarefeet):____________________________________4,710sq.ft.SQUAREFOOTAGEOFPRIVATEACCESSEASEMENTS:________________________________N/ASQUAREFOOTAGEOFPUBLICROADWAYSTOBEDEDICATED:N/APROPOSEDRESIDENTIALDENSITYINUNITSPERNETACRE(ifapplicable)N/ANUMBEROFPROPOSEDLOTS(ifapplicable)_____________________________________________________________________________________1NUMBEROFNEWDWELLINGUNITS(ifapplicable):________________________________N/ANUMBEROFEXISTINGDWELLINGUNITS(ifapplicable):________________________________N/APROJECTVALUE:______________________________________$441,000.00PROPERTYOWNER(S)NAME:ADDRESS:CITY:STATE:ZIP:PHONENUMBER:EMAILADDRESS*:QIprefertoreceiveallcorrespondenceviaUSMail.APPLICANT(ifotherthanowner)NAME:CityofRentonCOMPANY(ifapplicable):ADDRESS.1055S.GradyWayCITY:STATE:ZIP:RentonWA98057PHONENUMBER:(425)430-6600EMAILADDRESS*:LiIprefertoreceiveallcorrespondenceviaUSMail.CONTACTPERSONNAME:AlanJ.WyattCOMPANY(ifapplicable):CityofRentonADDRESS:1055S.GradyWay,6thFloorCITY:STATE:ZIP:RentonWA98057PHONENUMBER(425)430-6571EMAILUIprefertoreceiveallcorrespondenceviatISMail.PROPOSEDCOMPREHENSIVEPLANMAPDESIGNATION(ifapplicable)EXISTINGZONING:*Bycompletingtheemailaddressfieldtheowner/applicant/contactpersonisoptingtoreceiveallformalnotificationsandprojectdocumentsindigitalformatviaemailunlessotherwiserequested.AGENDA ITEM #7. g) PROJECTINFORMATION(CONTINUED)SQUAREFOOTAGEOFPROPOSEDRESIDENTIALISTHESITELOCATEDINANYTYPEOFBUILDINGS(ifapplicable):N/AENVIRONMENTALLYCRITICALAREA,PLEASEINCLUDESQUAREFOOTAGE(ifapplicable):SQUAREFOOTAGEOFEXISTINGRESIDENTIALBUILDINGSTOREMAIN(ifapplicable):N/ALIAQUIFERPROTECTIONAREAONESQUAREFOOTAGEOFPROPOSEDNON-RESIDENTIALLIAQUIFERPROTECTIONAREAiWOBUILDINGS(ifapplicable):‘‘‘LIFLOODHAZARDAREAsq.ft.SQUAREFOOTAGEOFEXISTINGNON-RESIDENTIALBUILDINGSTOREMAIN(ifapplicable):N/ALIGEOLOGICHAZARDsq.ft.NETFLOORAREAONNON-RESIDENTIALBUILDINGS(ifLIHABITATCONSERVATIONsq.ft.applicable):N/ALISHORELINESTREAMS&LAKES50sq.ft.NUMBEROFEMPLOYEESTOBEEMPLOYEDBYTHENEWPROJECT(ifapplicable):N/ALIWETLANDSsq.ft.LEGALDESCRIPTIONOFPROPERTY(Attachlegaldescriptiononseparatesheetwiththefollowinginformationincluded)SITUATEINTHESWQUARTEROFSECTION16,TOWNSHIP23N,RANGE5_,W.M.INTHECITYOFRENTON,KINGCOUNTY,WASHINGTONIAFFIDAVITOFOWNERSHIPII,(PrintName/s)AlanJ.Wyatt,declareunderpenaltyofperjuryunderthelawsoftheStateofWashingtonthatIam(pleasecheckone)Qthecurrentownerofthepropertyinvolvedinthisapplicationortheauthorizedrepresentativetoactforacorporation(pleaseattachproofofauthorization)andthattheforegoingstatementsandanswershereincontainedandtheinformationherewithareinallrespectstrueandcorrecttothebestofmyknowledgeandbelief.June17,2019ignatureof0neepes’t’veSTATEOFWASHINGTONSSCOUNTYOFKINGIcertithatIknowoavesatisfactoryevidencethat___________________________________signedthisinstrumentandacknowledgeittob9/tTuT1thirfreeandvoIunta.t‘sesanseentinintheinstrument.(p—t7—1c,DatedtEjo11?I.‘_aryblidfortheStateofhingtonI,:...Cft1CA1,I\expires:_______________________________________________DateSignatureofOwner/RepresentativeDateAGENDA ITEM #7. g) PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER:Angelea Weihs, Assoicate Planner LUA19-000247, SME Cedar River Trail Trestle Bridge Repairs October 04, 2019 APPLICANT:Alan Wyatt 1055 S Grady Way Renton, WA 98057 PROJECT LOCATION:To the southwest of Maple Valley Hwy and Monroe Ave SE PROJECT DESCRIPTION:The City of Renton Parks Department is requesting approval of a Shoreline Exemption for proposed maintenance repairs of an existing pedestrian bridge over the Cedar River in located on parcel numbers 1623059023 and 1623059078. The pedestrian bridge comprises a steel trestle superstructure, substructures (piers and abutments on the east and west banks), a concrete deck, pedestrian guardrails, and various timber trestle elements. Work will be located within the Cedar River Regulated Shoreline Jurisdiction (Shoreline High Intensity; Cedar River Reach C). A Biological Evaluation, prepared by WSP USA (Exhibit 1, dated May 2019), was submitted with the project application. The timber elements of the bridge and approach trestle were the subject of 2017 and 2018 inspections conducted by WSP (formerly BergerABAM), which found degradation in two of the timber piles supporting the north abutment and in some of the timbers in the pad supporting the steel truss bridge. The report states that timber facing for the abutment has deteriorated and subsequent loss of material weakened the abutment. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. The report concludes that repairs will be made to existing serviceable facilities and conducted within the existing footprint of the facilities, with minimal environmental impacts. SEC-TWN-R: SW16 - 23 - 5 LEGAL DESCRIPTION: (King County Assessor) FORMER BURLINGTON NORTHERN RR 100-FT WIDE RIGHT OF WAY IN SE QTR SW QTR STR 16-23-05 EAST OF PARCEL 3 CITY OF RENTON LOT LINE ADJUSTMENT NO LUA 13-000410 RECORDING NO 20140326900013 AND IN SW QTR SE QTR STR 16-23-05 WATER BODY/REACH: EXEMPTION JUSTIFICATION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved on the proposed project in accordance with RMC 4.9.190C 'Exemption from Permit System' and for the following reasons: Maintenance and Repair: Normal maintenance or repair of existing structures or developments, including damage by Page 1 of 2 DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) City of Renton Department of Community & Economic Development Certificate of Exemption from Shoreline Substantial Development Cedar River Trail Trestle Bridge Repairs LUA19-000247, SME accident, fire or elements. The proposed development is: Consistent with the policies of the Shoreline Management Act. Consistent with the guidelines of the Department of Ecology where no Master Program has been finally approved or adopted by the Department. Consistent with the City of Renton Shoreline Master Program. SIGNATURE & DATE OF DECISION: DateJennifer Henning RECONSIDERATION: Within 14 days of the decision date, any party of record may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 day appeal time frame. APPEALS: The administrative land use decision will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057 on or before 5:00 pm, on October 18, 2019 (RCW 43.21.C075(3); WAC 197-11-680). RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall, 7th Floor, (425) 430-6510. EXPIRATION: Two (2) years from the date of decision (date signed) Attachments:Biological Evaluation Alan Wyatt - Applicantcc: Page 2 of 2 DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB 10/4/2019 | 5:00 PM PDT AGENDA ITEM #7. g) Biological Evaluation City of Renton Cedar River Trail Trestle Bridge Repairs Submitted to: U.S. Army Corps of Engineers Seattle District Seattle, Washington On Behalf of Applicant: City of Renton, Parks Division Renton, Washington May 2019 Submitted by WSP USA 33301 Ninth Avenue South, Suite 300 Federal Way, Washington A19.0010.00 EXHIBIT 1 DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page ii of iii BIOLOGICAL EVALUATION CITY OF RENTON CEDAR RIVER TRESTLE BRIDGE REPAIRS TABLE OF CONTENTS SECTION PAGE 1.0 PURPOSE OF BIOLOGICAL EVALUATION......................................................................1 2.0 PROPOSED ACTION AND ACTION AREA .......................................................................1 2.1 Proposed Action .................................................................................................1 2.2 Duration of Activities..........................................................................................3 2.3 Minimization Measures and Best Management Practices.............................3 2.4 Action Area .........................................................................................................4 3.0 STATUS OF SPECIES AND CRITICAL HABITAT .............................................................6 4.0 BIOLOGICAL REQUIREMENTS.......................................................................................6 4.1 Chinook Salmon (Oncorhynchus tshawytscha)................................................7 4.2 Steelhead (Oncorhynchus mykiss)....................................................................8 4.3 Bull Trout (Salvelinus confluentus)...................................................................8 4.4 Critical Habitat Designation for Each ESU/DPS..............................................9 5.0 ENVIRONMENTAL BASELINE.......................................................................................11 5.1 General Setting ................................................................................................11 5.2 Terrestrial and Riparian Habitat .....................................................................12 5.3 Aquatic Habitat ................................................................................................12 6.0 MATRIX OF PATHWAYS AND INDICATORS ANALYSIS...............................................12 6.1 Water Quality....................................................................................................13 6.2 Habitat Access .................................................................................................14 6.3 Habitat Elements .............................................................................................14 6.4 Channel Conditions and Dynamics.................................................................16 6.5 Flow/Hydrology................................................................................................16 6.6 Watershed Conditions .....................................................................................17 6.7 Pathways and Indicators Specific to Bull Trout Only ....................................18 7.0 EFFECTS OF THE ACTION ............................................................................................18 7.1 Direct Effects....................................................................................................18 7.2 Indirect Effects.................................................................................................19 7.3 Effects from Interdependent and Interrelated Actions.................................20 7.4 Effects Determinations for Listed Species and Designated Critical Habitat ...........................................................................................................................20 8.0 REFERENCES ...............................................................................................................22 9.0 LIST OF ACRONYMS AND ABBREVIATIONS ...............................................................25 DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page iii of iii LIST OF TABLES Table 1. Proposed Repairs, Locations within the Project Area, and Repair Methods.........2 Table 2. Species Listed under the ESA Addressed in this BE ................................................6 Table 3. Species Listed but Not Addressed in this BE............................................................6 Table 4. Salmon Critical Habitat Designation and Description...........................................10 Table 5. Overview of Environmental Baseline Conditions at Action Area and Watershed Scales.......................................................................................................................................13 LIST OF APPENDICES Appendix A – Figures (Sheets 1 to 7) Appendix B – Species Lists Appendix C – Essential Fish Habitat DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 1 of 25 BIOLOGICAL EVALUATION CITY OF RENTON CEDAR RIVER TRAIL TRESTLE BRIDGE REPAIRS 1.0 PURPOSE OF BIOLOGICAL EVALUATION The City of Renton (City) Parks Department proposes maintenance repairs of an existing pedestrian bridge over the Cedar River in Renton, Washington (Sheets 1-7). The pedestrian bridge compriss a steel trestle superstructure, substructures (piers and abutments on the east and west banks), a concrete deck, pedestrian guardrails, and various timber trestle elements (Sheet 2). Condition assessments performed in 2017 and 2018 indicate the need for maintenance repairs at the bridge and abutment. The proposed actions will involve work below the ordinary high water mark (OHWM) of the Cedar River channel, which will require a Section 404 permit (Nationwide Permit No. 3) from the U.S. Army Corps of Engineers (USACE). This represents a federal nexus requiring the USACE to evaluate the potential for effects to species or critical habitats listed or proposed for listing under the Endangered Species Act (ESA). The USACE will serve as the lead agency in this consultation. The purpose of this biological evaluation (BE) is to evaluate the potential effects of the proposed activities on ESA-listed species for purposes of consultation with the National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration [NOAA] Fisheries), and the U.S. Fish and Wildlife Service (USFWS) under Section 7 of the ESA. 2.0 PROPOSED ACTION AND ACTION AREA 2.1 PROPOSED ACTION The purpose of the project is to conduct needed maintenance, repair, and replacement of portions of the pedestrian bridge over the Cedar River in Renton, Washington (Sheets 2 to 6). The timber elements of the bridge and approach trestle were the subject of 2017 and 2018 inspections conducted by WSP (formerly BergerABAM), which found degradation in two of the timber piles supporting the north abutment and in some of the timbers in the pad supporting the steel truss bridge. Timber facing for the abutment has deteriorated and subsequent loss of material weakened the abutment. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. Repairs will be made to existing serviceable facilities and conducted within the existing footprint of the facilities with minimal environmental impacts. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 2 of 25 2.1.1 Maintenance and Repair Activities Table 1 summarizes the proposed maintenance and repair activities. Table 1. Proposed Repairs, Locations within the Project Area, and Repair Methods Repair Item Location Item Size Repair Method Piles West Bridge Pier 12-inch Replace with 12-inch steel pipe pile. Timber Facing West Bridge Pier 4-inch by 12- inch Replace in-kind with 4-inch by 12-inch timber boards secured with new lag bolts. Riprap West Bridge Pier >6-inch Riprap stones greater than six inches thick will be hand placed in an approximate 50 square foot section at the base of the west bridge timber piles. Organic Loose Debris Removal Trestle -Loose organic debris will be removed by hand within the bottom of the bridge trestle. 2.1.1.1 Pile Repairs Two 12-inch timber piles at the west bridge pier will be replaced with12-inch steel pipe piles. Existing timber piles will be cut off just below mudline and hoisted out by a boom crane. Piles will be installed by setting the new steel pile on the existing pile stub, preloading the new steel pile, and welding the pile extension into place. Pile replacement will not result in any additional fill as the existing soil will be placed back into the excavation. 2.1.1.2 Timber Facing Repairs Failing timber facing above and below the OHWM will be removed, replaced in kind, and secured with lag bolts. Timber facing in good condition will be removed and reinstalled with lag bolts. The facing will be secured to the new steel piles with U-bolts. A total of approximately 10 timber boards will be installed (Sheets 5 and 6). 2.1.1.3 Riprap Placement Riprap will be confined to the footprint of the pier and will be contained by the piles and timber facing. The placement of additional riprap will not expand the footprint of shoreline armoring. Light, loose pieces of riprap will be placed in an approximate 4- foot linear section at the base of the west bridge timber piles (Sheets 5 and 6). Riprap placement will be per 2018 WSDOT standards ([9-13.1(4)] Hand Placed Riprap). DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 3 of 25 Hand-placed riprap will be nearly rectangular in shape and 60 percent of the hand- placed riprap will have a volume of no less than 1 cubic foot. All riprap stones will be greater than 6 inches thick. 2.1.1.4 Organic Loose Debris Removal Loose organic debris will be removed by hand within the bottom of the bridge trestle. The work will be fully contained, and the contractor will not allow debris to enter the river below. 2.2 DURATION OF ACTIVITIES The proposed action will be conducted during the Washington Department of Fish and Wildlife (WDFW) and USACE-approved in-water work window for waters of the Cedar River each year between 16 July and 31 December. Construction is expected to start in July 2019. 2.3 MINIMIZATION MEASURES AND BEST MANAGEMENT PRACTICES The project has adopted impact minimization measures and best management practices (BMPs) to reduce, eliminate, or minimize the effects of the project to listed species or habitat and are described below. 2.3.1 Minimization Measures The proposed action includes the following measures to avoid and minimize the potential for adverse environmental effects. General impact avoidance and minimization measures include those listed below. Over-water work will be conducted only during the approved in-water work window for salmon and bull trout in the Cedar River (16 July to 31 December). Project construction will be completed in compliance with Washington State Water Quality Standards (Washington Administrative Code [WAC] 173-201A), including Petroleum products, fresh cement, lime, concrete, chemicals, or other toxic or deleterious materials will not be allowed to enter surface waters. There will be no discharge of oil, fuels, or chemicals to surface waters or onto land where there is a potential for reentry into surface waters. Fuel hoses, oil drums, oil or fuel transfer valves, fittings, etc., will be checked regularly for leaks, and materials will be maintained and stored properly to prevent spills. A spill prevention, control, and countermeasures (SPCC) plan will be prepared by the contractor and used during all demolition and construction operations. A copy of the plan with any updates will be maintained at the work site. The SPCC plan will outline BMPs, responsive actions in the event of a spill or release, and notification and reporting procedures. The plan will also outline management elements, such as personnel responsibilities, project site security, site inspections, and training. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 4 of 25 The SPCC plan will outline the measures to prevent the release or spread of hazardous materials found on site or encountered during construction but not identified in contract documents, including any hazardous materials that are stored, used, or generated on site during construction activities. These items include, but are not limited to, gasoline, diesel fuel, oils, and chemicals. Applicable spill response equipment and material designated in the SPCC plan will be maintained at the job site. 2.3.2 General Best Management Practices Typical construction BMPs for working in, over, and near water will be applied, including activities, such as the following. Checking equipment for leaks and other problems that could result in the discharge of petroleum-based products or other material into the water. Corrective actions will be taken in the event of any discharge of oil, fuel, or chemicals into the water, including Containment and cleanup efforts will begin immediately upon discovery of the spill and be completed in an expeditious manner in accordance with all local, state, and federal regulations. Spill response will take precedence over normal work. Cleanup will include proper disposal of any spilled material and used cleanup material. The cause of the spill will be ascertained and appropriate actions taken to prevent further incidents or environmental damage. Spills will be reported to the Washington State Department of Ecology’s (Ecology) Northwest Regional Spill Response Office at 425/649-7000. Excess or waste materials will not be disposed of or abandoned waterward of the OHWM or allowed to enter waters of the state. Waste materials will be disposed of in an appropriate manner consistent with applicable local, state, and federal regulations. Demolition and construction materials will not be stored where upland runoff can cause materials to enter surface waters. Oil-absorbent materials will be present on site for use in the event of a spill or if any oil product is observed in the water. 2.4 ACTION AREA This section describes the action area for the proposed activities. The action area is the defined geographic area that could be affected by the direct and indirect effects of the proposed project. The action area (Sheet 7) has been established based on the following. The project footprint, which will be limited to the physical locations of the maintenance activities. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 5 of 25 The extent of temporarily elevated terrestrial noise levels associated with construction activities. The extent of temporary effects to water quality during construction. 2.4.1 Project Footprint The action area includes the overall footprint of the proposed action, which includes the structures to be repaired or replaced at the bridge. The placement of riprap to repair the previous protection on the west pier is confined to the footprint of existing riprap at the base of the west bridge pier. There will be no increase in the overall amount of bank armoring as a result of this project. The action area also includes the locations of equipment and material staging. Equipment and materials will be staged in developed upland portions of the site. 2.4.2 Terrestrial Noise The project has the potential to generate low levels of terrestrial noise associated with conducting the proposed maintenance and repair activities. The standard construction equipment that will be required includes a crane, generators, vacuum, and the hand and power tools used to conduct the repairs. Because most of the work will be conducted overwater and in the dry, the project is not expected to measurably elevate underwater noise. The levels of terrestrial noise that will be generated will be minimal and are not expected to be elevated significantly above the ambient noise levels at the site. For purposes of a conservative estimate, the action area includes an area extending approximately 200 feet from the boundaries of the site, which accounts for operation of machinery and hand tools. However, no measurable or significant effects related to terrestrial noise is anticipated. 2.4.3 Water Quality As with any construction project, the proposed maintenance activities have the potential to result in temporary effects to water quality within the action area during construction. Temporary water quality-related effects could result from construction debris accidentally entering the water and/or accidental spills from construction equipment. Maintenance activities could potentially result in the temporary local elevation of turbidity levels in the Cedar River from the implementation of the proposed minimization measures and BMPs, including a debris-collection plan, will reduce the potential for any measurable effects to a level that is insignificant. An approximate 300-foot point of compliance downstream from the proposed project activities represents a conservative estimate of the potential zone of influence from temporary reductions in water quality associated with the project activities, as designated in WAC 173-201A-200. No measurable or significant effects are anticipated as a result of the proposed maintenance. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 6 of 25 3.0 STATUS OF SPECIES AND CRITICAL HABITAT This section discusses the ESA-listed species and critical habitat known to occur, or with the potential to occur, within the action area (see Appendices B and C for the species list and essential fish habitat summary). Information for this BE regarding listed species was obtained from the USFWS website (USFWS 2019) and the NMFS website (NMFS 2019) on 14 April 2019. Additional information came from the WDFW Priority Habitat and Species (PHS) (WDFW 2019a) and SalmonScape databases (WDFW 2019b). Table 2. Species Listed under the ESA Addressed in this BE Species Name Common Name Scientific Name ESU or DPS* ESA Listing Status Critical Habitat Critical Habitat in Action Area Chinook Salmon (Oncorhynchus tshawytscha) Puget Sound ESU Threatened Designated Yes Steelhead (Oncorhynchus mykiss) Puget Sound DPS Threatened Designated Yes Bull Trout (Salvelinus confluentus) Coastal Puget Sound DPS Threatened Designated No *ESU =Evolutionarily Significant Unit; DPS=Distinct Population Segment According to the USFWS and NMFS species lists, although the species listed in Table 4, and/or their designated critical habitat, do occur, or may occur, within King County, they are not addressed in this BE for the reasons that are discussed below. Table 3. Species Listed but Not Addressed in this BE Species Name Common Name Scientific Name ESA Listing Status Streaked horned lark Eremophila alpestris strigata Threatened Yellow-billed cuckoo Coccyzus americanus Threatened Gray wolf Canis lupus Proposed Endangered North American wolverine Gulo gulo luscus Proposed Endangered Marbled Murrelet Brachyramphus marmoratus Threatened While information from USFWS (USFWS 2019) identified the potential for streaked horned lark, yellow-billed cuckoo, gray wolf, and North American wolverine to occur within the County, WDFW PHS data does not indicate any known occurrence of these species within the action area. In addition, the action area does not provide any suitable habitat for these species. Based on the lack of suitable habitat for the species listed in Table 4, it is determined that the proposed project will have no effect on them, and they are not addressed further in this BE. 4.0 BIOLOGICAL REQUIREMENTS This section describes the biological requirements of the listed species that have the potential to occur within the action area. These descriptions include run timing, biological requirements, and factors affecting recovery. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 7 of 25 4.1 CHINOOK SALMON (ONCORHYNCHUS TSHAWYTSCHA) The Puget Sound ESU of Chinook salmon includes all naturally spawned populations of Chinook salmon from rivers and streams flowing into Puget Sound (70 FR52630). Puget Sound ESU Chinook salmon are listed as threatened by NMFS under the ESA. Critical habitat for Puget Sound Chinook salmon was designated in 2005 and consists of river and marine nearshore habitat within the Puget Sound basin. Critical habitat for Puget Sound Chinook salmon is present within the action area. 4.1.1 Distribution and Habitat Requirements Compared to the other Pacific salmon, Chinook salmon have the most complex life history with a large variety of patterns. The length of freshwater and saltwater residency varies greatly (Myers et al. 1998). Channel size and morphology, substrate size and quality, water quality, and cover type and abundance may influence distribution and abundance of Chinook salmon (Lower Columbia Fish Recovery Board [LCFRB] 2004). After three to five years in the ocean, Puget Sound stocks return to the local rivers and tributaries to spawn in the spring and fall. Spawning occurs in the main stems of larger tributaries in coarse gravel and cobble (Myers et al. 1998). Most juvenile summer/fall Chinook salmon in the river systems discharging to the Puget Sound migrate to the marine environment as smolts during their first year, although their early life history patterns vary. Some migrate downstream almost immediately after emerging from the gravel. Others migrate downstream and enter side channels where they may rear for several weeks before migrating to marine waters. A third life-history strategy involves a more extended rearing time (up to two years) in the river before migrating to saltwater. 4.1.2 Status Chinook salmon populations are significantly reduced from historic levels. The Puget Sound ESU has shown a precipitous drop since 1973, and the stock status is currently identified as critical (Smith 2003). Habitat degradation associated with stream blockages, channelization, contamination, forest practices, and urbanization are listed as the primary causes of decline in the Puget Sound ESU Chinook salmon population. 4.1.3 Presence in Action Area Puget Sound ESU Chinook salmon adults may potentially migrate through the action area almost year-round but primarily during the spring and fall. Any adult Puget Sound ESU Chinook salmon found in the Cedar River may be stopping temporarily to feed but likely would not be using the project site for rearing. The portion of the Cedar River that is within the action area does not provide any suitable spawning or rearing habitat for Chinook salmon (King County 1993). If they are present, migrating adults are expected to be moving quickly through the action area. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 8 of 25 Puget Sound ESU Chinook salmon juveniles could be foraging within the action area but would not be expected to use the exposed, non-vegetated areas in the vicinity of the project extensively. 4.2 STEELHEAD (ONCORHYNCHUS MYKISS) Puget Sound DPS steelhead are listed as threatened by NOAA Fisheries under the ESA (11 May 2007; 72 FR 26722). The action area within the Cedar River adjacent to the project area represents a migration corridor for this DPS. Critical habitat was proposed for Puget Sound DPS steelhead on 25 March 2016 and includes estuarine and riverine habitat. Critical habitat for Puget Sound DPS steelhead is present within the action area. 4.2.1 Distribution and Habitat Requirements Steelhead is a more widely distributed anadromous fish than salmonids. Spawning occurs throughout the winter and spring seasons. Summer-run fish populations are smaller than winter-run fish as they use a smaller portion of stream for spawning. Wild fish mature for up to two years in freshwater habitat and migrate quickly to the open ocean, bypassing the use of shallow, nearshore habitat (Behnke 1992). Adult steelhead trout will spend up to three years in the open ocean before returning to their rearing grounds (NOAA 2016). Steelhead use a variety of habitats throughout the freshwater portion of their life history. As with all salmonid species, water temperatures and intra-gravel flow are also important for spawning and incubation. After fry emerge from the gravels, they seek complex habitat of boulders, rootwads, and woody material along the stream margins. As juveniles get older and larger, they move downstream to rear in larger tributaries and main stem rivers. Undercut banks, large woody debris (LWD), and boulders are all used by larger juveniles. 4.2.2 Status Factors contributing to the decline of Puget Sound DPS steelhead include blocked access to historical habitat, habitat degradation, channelization, contamination, forest practices, and urbanization. The primary limiting factors for this DPS are degradation and fragmentation of freshwater habitat. Most populations of this DPS are declining annually by between 3 to 10 percent with a moderate to high extinction risk within 100 years (NMFS 2011). 4.2.3 Presence in Action Area The Cedar River drains to lower Lake Washington, which connects to Puget Sound. The Cedar River contains a Puget Sound ESU/DPU winter-run steelhead stock. Wild winter-run fish run from February through April while hatchery fish run from mid- November through mid-February. 4.3 BULL TROUT (SALVELINUS CONFLUENTUS) The Puget Sound DPS bull trout are listed as threatened by the USFWS under the ESA. Nearshore marine areas are identified as critical habitat for bull trout in addition to various rivers and creeks. (70 FR 56212-56311). The Puget Sound DPS includes DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 9 of 25 all natural spawning populations of bull trout in the Puget Sound basin, including in the streams that flow into Puget Sound. The Puget Sound DPS bull trout is a federal threatened species. Bull trout are piscivorous and are the only native char. 4.3.1 Distribution and Habitat Requirements Compared to other salmonids, bull trout are thought to have more specific habitat requirements and are most often associated with undisturbed habitat with diverse cover and structure. Spawning and rearing are thought to be primarily restricted to relatively pristine cold streams, often within headwater reaches (Rieman and McIntyre 1993). Adults can reside in lakes, reservoirs, and coastal areas or they can migrate to saltwater (63 FR 31647). Juveniles are typically associated with shallow backwater or side-channel areas, while older individuals are often found in deeper pools sheltered by large organic debris, vegetation, or undercut banks (63 FR 31467). Water temperature is also a critical factor for bull trout, and areas where water temperature exceeds 59°F (15°C) are thought to limit distribution (Rieman and McIntyre 1993). 4.3.2 Status Key factors in the decline of bull trout populations include harvest by anglers, impacts to watershed biological integrity, and the isolation and fragmentation of populations. Changes in sediment delivery (particularly to spawning areas), degradation and scouring, shading (high water temperature), water quality, and low hydrologic cycles adversely affect bull trout. Therefore, impacted watersheds are negatively associated with current populations. Additionally, bull trout appear to be affected negatively by non-native trout species through competition and hybridization. 4.3.3 Presence in Action Area Within the Cedar River Municipal Watershed, bull trout are found in portions of several tributaries to Chester Morse Lake, which includes the Cedar River. Critical habitat for bull trout is designated throughout Lake Washington north of the action area. 4.4 CRITICAL HABITAT DESIGNATION FOR EACH ESU/DPS This section describes the critical habitat designations and/or proposals for each ESA- listed species that could potentially occur within the action area. 4.4.1 Salmon and Steelhead Critical habitat has been designated within the action area for the ESU/DPS of ESA- listed salmon that may occur within the action area. Table 5 summarizes critical habitat designations and descriptions for Chinook and steelhead. The proposed action occurs within critical habitat for Puget Sound DPS steelhead. Critical habitat was proposed for Puget Sound DPS steelhead in January 2013 and includes several freshwater rivers (Cedar River) and tributaries that empty into Lake Washington. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 10 of 25 Table 4. Salmon Critical Habitat Designation and Description Species and ESU/DPS Date of Critical Habitat Proposal Description of Critical Habitat Chinook Salmon Puget Sound ESU 16 February 2000 River subbasins: Nooksack, Upper Skagit, Sauk, Lower Skagit, Stillaguamish, Skykomish, Snoqualmie, Snohomish, Duwamish, Puyallup, Nisqually, Skokomish, and Dungeness/Elwha Lake Washington, Hood Canal, Nearshore Marine Areas of the Strait of Georgia, Puget Sound, Hood Canal, and the Strait of Juan de Fuca (to the west edge of the Elwha River Delta) Steelhead Puget Sound DPS 14 January 2013 Fresh water and estuarine habitat in Puget Sound, including the Snohomish River and tributaries 4.4.1.1 Primary Constituent Elements This section consists of a discussion of the primary constituent elements (PCEs) that have been identified for ESA-listed salmon and steelhead and the potential for their presence within the action area. 1. Freshwater spawning sites with water quantity and quality conditions and substrate supporting spawning, incubation, and larval development. Action area: The action area includes the freshwater habitats of the Cedar River basin. This PCE is present within the action area. 2. Freshwater rearing sites with water quantity and floodplain connectivity to form and maintain physical habitat conditions and support juvenile growth and mobility; water quality and forage supporting juvenile development; and natural cover, such as shade, submerged and overhanging large wood, log jams and beaver dams, aquatic vegetation, large rocks and boulders, side channels, and undercut banks. Action area: The action area includes the freshwater habitat of the Cedar River. This PCE is present within the action area. 3. Freshwater migration corridors free of obstruction with water quantity and quality conditions and natural cover, such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, side channels, and undercut banks supporting juvenile and adult mobility and survival. Action area: The action area includes the freshwater habitat of the Cedar River. This PCE is present within the action area. 4. Estuarine areas free of obstruction with water quality, water quantity and salinity conditions supporting juvenile and adult physiological transitions between fresh- and saltwater; natural cover, such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 11 of 25 side channels, and juvenile and adult forage, including aquatic invertebrates and fishes, supporting growth and maturation. Action area: The action area includes the freshwater habitat of the Cedar River. Estuarine habitat is not present within the action area and, therefore, this PCE is not present within the action area. 5. Nearshore marine areas free of obstruction with water quality and quantity conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation; and natural cover, such as submerged and overhanging large wood, aquatic vegetation, large rocks and boulders, and side channels. Action area: The action area includes the freshwater habitat of the Cedar River and nearshore marine waters are not present within the action area. This PCE is not present within the action area. 6. Offshore marine areas with water quality conditions and forage, including aquatic invertebrates and fishes, supporting growth and maturation. Action area: There are no offshore marine areas within the action area. This PCE is not present within the action area. 4.4.2 Bull Trout Critical habitat has been designated for bull trout but does not occur within the action area. 4.4.3 Marbled Murrelet Critical habitat has been designated for marbled murrelet (76 FR 65324) but none occur within the action area. 5.0 ENVIRONMENTAL BASELINE This section outlines the presence and condition of aquatic and terrestrial habitat features within the action area as they pertain to the species addressed in this BE. The following sections summarize the baseline habitat conditions at both the action area and watershed scales, and then analyze the likely effects that the proposed action would have on the baseline conditions at both scales. 5.1 GENERAL SETTING The proposed activities will occur on an existing pedestrian bridge over the Cedar River in Renton, Washington (Sheets 1 and 2). The project site is within Water Resource Inventory Area 8, Cedar-Sammamish watershed, and is located within Hydraulic Unit Code 17110012. The Washington State Department of Transportation (WSDOT) owns the property that is used as a pedestrian and bicycle trail as part of the Cedar River trail system, which originates in the Renton area (Sheets 1 and 3) and runs south adjacent to WA 169 where it terminates near Landsburg Park. Adjacent parcels are developed with single-family residences. The City owns the parcels to the north, and these parcels are DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 12 of 25 used as a parking area for site access to the Cedar River trail. The City also owns the vacant parcels to the west and southwest of the project parcel. The shoreline of the Cedar River has been altered from its natural condition. Portions of the shoreline are artificially hardened with riprap. Pile-supported structures like bridges are common along the shoreline. 5.2 TERRESTRIAL AND RIPARIAN HABITAT Terrestrial habitat, defined as areas landward of the top of bank, within the action area consist largely of native and non-native vegetation near the top of the bank, including red alder (Alnus rubra), black cottonwood (Populus trichocarpa), bigleaf maple (Acer macrophyllum), English ivy (Hedera helix), and sparse patches of sword fern (Polystichum munitum). Beyond the top of the bank are developed areas, including a parking lot, residential areas, and a highway (State Route 169 [SR 169]). Riparian habitat is defined as the zone above ordinary high water (OHW). Riparian habitat along the Cedar River generally consists of deciduous trees that provide overwater shading for cooler water temperatures. The overhanging vegetation contributes organic matter input to the river system providing a forage base for benthic invertebrates and, consequently, a greater source of food for predatory fish. The Cedar River riparian habitat also provides foraging, roosting, and breeding habitat for migratory birds. 5.3 AQUATIC HABITAT The project is located at the pedestrian bridge traversing the Cedar River that flows north and drains to Lake Washington. The Cedar River provides aquatic habitat for a variety of species of fish and wildlife. The river provides cool, clear water and substrate for fish rearing, spawning, migration, and foraging. The Cedar River is an unblocked passage for fish migrating to Lake Washington. Waterfowl also use the low-elevation coniferous forest on the banks of the river for foraging. 6.0 MATRIX OF PATHWAYS AND INDICATORS ANALYSIS An evaluation of the baseline watershed habitat conditions within the action area was conducted according to the guidance outlined in Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Watershed Scale (NMFS 1996). The evaluation assessed several baseline indicators of habitat quality and determined whether the proposed action would restore, maintain, or degrade existing baseline conditions at the watershed and action area level. Table 8 shows the results of this analysis. In general, the environmental baseline conditions within the action area are degraded. As indicated in Table 8, most of the indicators of environmental condition are not properly functioning, or are functioning at risk, at both the watershed and action area scales. There is little functioning estuarine or intertidal habitat within the action area because of the extent of historic development. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 13 of 25 Table 5. Overview of Environmental Baseline Conditions at Action Area and Watershed Scales Diagnostic/Pathway Indicators Baseline Environmental Conditions Effects of Project Activities Water Quality Temperature PF Maintain Sediment/Turbidity PF Maintain Chemical Contamination/Nutrients PF Maintain Habitat Access Physical Barriers PF Maintain Habitat Elements Substrate PF Maintain Large Woody Debris PF Maintain Pool Frequency PF Maintain Pool Quality PF Maintain Off-Channel Habitat NPF Maintain Refugia NPF Maintain Channel Conditions/Dynamics Width/Depth Ratio PF Maintain Shoreline Condition NPF Maintain Floodplain Connectivity NPF Maintain Flow/Hydrology Change in Peak/Base Flows NPF Maintain Increase in Drainage Network NPF Maintain Watershed Conditions Road Density and Location NPF Maintain Disturbance History NPF Maintain Riparian Reserves PF Maintain Notes: NPF-Not Properly Functioning; PF=Properly Functioning; NA-Not Applicable Source: Information in this table has been derived from Current and Future Conditions Summary Report Cedar River (King County Surface Water Management) 1993. 6.1 WATER QUALITY 6.1.1 Water Temperature Average temperatures within the lower Cedar River are generally below 15°C. Shallower water temperatures may exceed this level but is not expected to exceed state water quality thresholds. Within the action area and watershed, baseline conditions for water temperature are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 14 of 25 6.1.2 Sediment/Turbidity Sediments within the portion of the Cedar River within the action area are predominantly fine-grained. The average level of turbidity in the Cedar River is low, based on routine monitoring performed between 2009 and 2019 (King County 2019). Within the action area and watershed scales, baseline conditions for sediment and turbidity are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. 6.1.3 Chemical Contamination/Nutrients Water quality is not a limiting factor in the Cedar River. The 2012 Environmental Protection Agency 303d list does not identify any contaminants as present within the action area. Within the action area and watershed, baseline conditions for chemical and nutrient contamination are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. The project will have no measurable long-term effects on chemical contamination or nutrient loading within the Cedar River, and BMPs will be sufficient to ensure that the project does not result in any contaminant releases. 6.2 HABITAT ACCESS 6.2.1 Physical Barriers There are no barriers to fish migration within the action area. For this reason, within the action area, baseline conditions for physical barriers are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. The proposed activities will not pose a significant barrier to fish passage at any range of flow at either the action area scale or the watershed scale. 6.3 HABITAT ELEMENTS 6.3.1 Substrate Sedimentation in the river has altered the substrate within the portion of the action area. According to the Cedar River Current and Future Conditions Summary Report (King County 1993), removal of forest cover accompanying continuing urbanization has resulted in increases in sedimentation and erosion. Within the action area, therefore, as well as at the watershed scale, baseline conditions for substrate are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. 6.3.2 Large Woody Debris Most of the lower main stem of the Cedar River contains low volumes of LWD. LWD has historically been removed from the Cedar River, which has altered the river DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 15 of 25 by increasing the energy of floodwater and degrading pools (King County 1993). Any LWD input to the action area comes from the riparian vegetation along river. Within the action area, therefore, baseline conditions for LWD are determined to be properly functioning. The proposed action will maintain this indicator at the action area scale and maintain it at the watershed scale in the long term. The proposed action will not result in any impacts to riparian vegetation or habitat and will not affect the opportunity for future recruitment. 6.3.3 Pool Frequency Within the Renton reach of the Cedar River, there are very few documented pools, if any. The frequency of pool habitat within the waters of the action area is low due to armored banks and low volumes of LWD. River flows are also controlled and diverted by levees, decreasing the opportunity for pools to form (King County 1993). Within the action area, therefore, baseline conditions for pool frequency are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. 6.3.4 Pool Quality There is very little to no pool habitat within the action area on the Cedar River. Within the action area, therefore, baseline conditions for pool quality are determined to be properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. 6.3.5 Off-Channel Habitat There is a limited amount of off-channel habitat within the action area. Off-channel habitats have largely been eliminated over time on this main stem stretch of the Cedar River. Wetlands, ponds, and side channels, important ecological habitats for the development of young salmonids, are reduced from historic conditions (King County 1993). Baseline conditions for off-channel habitat are not properly functioning within the action area. The proposed action will maintain this indicator at the action area scale and at the watershed scale. The proposed action will not result in any impacts to off-channel habitat at either the watershed or the action area scale. 6.3.6 Refugia The shoreline within the action area consists of hardened and armored shoreline. Riparian habitat along the Cedar River generally consists of deciduous trees but is limited. Vegetation at the top of the bank generally consists of native and non-native plants, including red alder (Alnus rubra), black cottonwood (Populus trichocarpa), bigleaf maple (Acer macrophyllum), English ivy (Hedera helix), and sparse patches of sword fern (Polystichum munitum). There are no side channels present within the DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 16 of 25 action area. Baseline conditions for refugia within the action area and watershed scales are not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales. The proposed action will not result in any impacts to the quality or quantity of refugia at either the watershed or action area scale. 6.4 CHANNEL CONDITIONS AND DYNAMICS 6.4.1 Width/Depth Ratio The average width of the Cedar River is 111 feet (Gendaszek et al., 2012). The width has decreased over time due to reduced flood flows from upstream dams, which resulted in a change from the historic braided river pattern with multiple channels to a single-thread pattern. The channel depth fluctuates based on the frequency of flooding events, dredging, and the decreasing channel width over time (King County 1993). This indicator is determined to be properly functioning at the action area and watershed scales. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. 6.4.2 Streambank Condition Most of the shoreline of the Cedar River in the action area has been armored and developed (King County 1993). The indicator for streambank condition within the action area is not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. The proposed action will not result in any significant impacts to streambank condition at either the action area or the watershed scale. 6.4.3 Floodplain Connectivity There is little natural floodplain habitat within the action area. Historic development and shoreline armoring have led to a condition where most of the terrestrial portion of the action area is completely removed from any floodplain. Conditions are similar throughout the watershed (King County 1993). Therefore, within the action area and at the watershed scale, floodplain connectivity is determined to be not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. The proposed action will not result in any impacts to floodplain connectivity within the action area or at the watershed scale. 6.5 FLOW/HYDROLOGY 6.5.1 Change in Peak/Base Flows Development has altered the river landscape through the addition of impervious surfaces in the action area, which has resulted in changes in flow rates and more DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 17 of 25 frequent flooding events (King County 1993). Therefore, within the action area and at the watershed scale, change in peak/base flows are determined to be not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. The proposed action will not result in any impacts to peak/base flows within the action area or at the watershed scale. 6.5.2 Increase in Drainage Network Stormwater and surface water runoff is high due to development of the surrounding area, which has led to increased inputs to the Cedar River. There are no wetlands or lakes within the action area that store water flows from the river (King County 1993). Therefore, within the action area and at the watershed scale, an increase in drainage network is determined to be not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. The proposed action will not result in any impacts to the drainage network within the action area or at the watershed scale. 6.6 WATERSHED CONDITIONS 6.6.1 Road Density and Location In general, road density surrounding the action area is high because of urban development. Therefore, the indicator for road density and location at both the action area and watershed is not properly functioning. The proposed action will maintain this indicator at both the action area and watershed in the long term. 6.6.2 Disturbance History Disturbance levels within the action area are above the threshold for proper functioning because of urban development. The shoreline has been historically altered and armored throughout the action area. The indicator for disturbance history within the action area is not properly functioning. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. The proposed action will not result in any significant amount of disturbance at either the action area or the watershed scale. 6.6.3 Riparian Reserves In general, riparian vegetation adjacent to the action area is composed of deciduous trees. Riparian habitat in the action area is somewhat limited due to development but still maintains processes to keep the aquatic ecosystem functioning properly. This indicator is determined to be properly functioning at the action area and watershed scales. The proposed action will maintain this indicator at both the action area and watershed scales in the long term. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 18 of 25 6.7 PATHWAYS AND INDICATORS SPECIFIC TO BULL TROUT ONLY The USFWS provides a matrix of pathways and indicators specific to bull trout. The proposed action will not affect these indicators significantly; therefore, they are not addressed in detail here. The specific indicators are as follows. Subpopulation size Growth and survival Life history diversity and isolation Persistence and genetic integrity Integration of species and habitat conditions The proposed action will maintain all of these indicators at both the action area and watershed scales in the long term. It is possible that bull trout migrating through the Cedar River may be present when in-water work is being conducted, but bull trout are likely not present within the action area for significant periods. There is little or no suitable bull trout rearing or foraging habitat within the action area, and they are more likely to occur further north in Lake Washington. The proposed action will have no measurable effect on any of the indicators of proper functioning condition for bull trout habitat. 7.0 EFFECTS OF THE ACTION 7.1 DIRECT EFFECTS Direct effects are the direct or immediate impacts of the proposed action to federally listed species and their habitat. This section addresses potential direct effects that listed species and critical habitats could experience because of the proposed action and the likely response to each potential direct effect. 7.1.1 Water Quality In- and over-water work activities associated with pile repairs and riprap placement have the potential for direct water-quality impacts. Construction debris can enter the waterway during construction activities. There is also slight potential for leaks and spills of fuel, hydraulic fluids, lubricants, and other chemicals from equipment and storage containers associated with the project. Discharge of vehicle and equipment wash water, etc., could also add pollutants that could enter the water. The contractor will be required to provide and implement impact minimization measures and BMPs, including the preparation of an SPCC plan (see Section 2.3). Additional BMPs have been included to avoid any potential impacts from hazardous materials. These BMPs include inspecting construction equipment daily to ensure that there are no leaks of hydraulic fluids, fuel, lubricants, or other petroleum products and locating temporary material and equipment staging areas above the OHW of the action area waterbody and outside environmentally sensitive areas. The following ESA-listed species and designated critical habitat have the potential to be exposed to the direct effects of temporarily decreased water quality conditions that could occur within the action area during project construction. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 19 of 25 Puget Sound ESU Chinook salmon and designated critical habitat Puget Sound DPS steelhead and designated critical habitat Puget Sound DPS bull trout Marbled murrelet During the in-water work period, foraging juveniles and migrating adult salmon, steelhead, and bull trout could be present within the action area. These species, if present during construction, would likely be feeding and would not be present within the action area for any significant period. It is possible that migrating adult and/or rearing juvenile salmon, steelhead, and bull trout, as well as marbled murrelet could be present within the action area and could be exposed to temporarily decreased water quality conditions, such as potential debris contamination. The geographic extent and duration of any potential short-term decreases in water quality conditions are expected to be limited to within 300 feet downstream of the work area, and the BMPs implemented for the proposed action (including the implementation of an SPCC plan) will be sufficient to minimize any effects. 7.1.2 Noise The project has the potential to generate low levels of terrestrial noise associated with conducting the proposed maintenance and repair activities. The standard construction equipment that will be required includes a boom crane, generators, vacuums, and the hand and power tools used to conduct the repairs. Because most of the work will be conducted overwater and in the dry, the project is not expected to measurably elevate underwater noise. The work will take place upland, and the use of vessels within the river is not anticipated. The levels of terrestrial noise that will be generated will be minimal and are not expected to be elevated significantly above the ambient noise levels at the site. Ambient noise levels at the site are approximated at 70 decibels, based on traffic volume and speed on SR 169 adjacent to the site (WSDOT 2018). No measurable or significant effects related to terrestrial or underwater noise are anticipated from project activities. 7.1.3 Direct Habitat Impacts The proposed maintenance and repair activities will occur within the footprint of the existing facilities and will not result in any increase in benthic impacts or overwater coverage within the action area. There will be no expansion of the project footprint, and previously impacted areas will be repaired. The placement of riprap into the water behind the timber facing will be the only direct impact on habitat. 7.2 INDIRECT EFFECTS Indirect effects are defined as those effects that are caused by or result from the proposed action that are later in time but still reasonably certain to occur. The proposed action will not result in any increase in capacity or any other indirect effects DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 20 of 25 that could affect ESA-listed species. The effects of the proposed action will be limited to those direct effects associated with the maintenance and repair activities. 7.3 EFFECTS FROM INTERDEPENDENT AND INTERRELATED ACTIONS Interdependent actions are defined as those actions having no independent utility apart from the proposed action (50 Code of Federal Regulations [CFR] §402-02). Interdependent actions are typically “because of” the proposed action. Interrelated actions are defined as those actions that are part of a larger action and depend on the larger action for their justification (50 CFR §402-02). Interrelated actions are typically “associated with” the proposed action. Actions associated with the proposed action include maintenance repairs to an existing pedestrian bridge and the placement of riprap at the base of the trestle. These actions will take place within the footprint of the existing pedestrian bridge and the existing shoreline armoring. The effects of the proposed action are limited to those direct effects associated with the maintenance and repair activities. There are no interdependent and interrelated effects associated with this maintenance activity. 7.4 EFFECTS DETERMINATIONS FOR LISTED SPECIES AND DESIGNATED CRITICAL HABITAT Based on the description of the proposed action and the analysis provided in this document, Table 9 lists the effects determinations for ESA-listed species and species proposed for listing, while Table 10 shows the effects determinations for designated critical habitats. A summary description of how these effects determinations were reached for each species and critical habitat follows the tables. Table 9. Effects Determinations Summary – Species Species ESU/DPS Federal Status Effect Determination Chinook Salmon Puget Sound ESU Threatened NLTAA Steelhead Puget Sound DPS Threatened NLTAA Bull Trout Coastal Puget Sound DPS Threatened NLTAA Marbled Murrelet CA/WA/OR DPS Threatened NLTAA Notes: LTAA = Likely to Adversely Affect; NLTAA = Not Likely to Adversely Affect; NE = No Effect; ESU = Evolutionarily Significant Unit; DPS = Distinct Population Segment; DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 21 of 25 Table 10. Effects Determinations Summary - Critical Habitats Species ESU/DPS Critical Habitat Status Effect Determination Chinook Salmon Puget Sound ESU Designated NLTAA Steelhead Puget Sound DPS Designated NLTAA Bull Trout Puget Sound DPS Designated but not present in action area NLTAA NLTAA = Not Likely to Adversely Affect; NE = No Effect; NA = Not Applicable; ESU = Evolutionarily Significant Unit; DPS = Distinct Population Segment; 7.4.1 Species 7.4.1.1 Puget Sound ESU Chinook Salmon, Puget Sound DPS Steelhead, and Puget Sound DPS Bull Trout The proposed action “may affect, but is not likely to adversely affect” Puget Sound ESU Chinook salmon, Puget Sound DPS steelhead, and Puget Sound bull trout. This determination is warranted based on the following. The project will require work below the OHWM within waters of the Cedar River, which represents migratory habitat for adult and juvenile salmon, steelhead, and bull trout. The proposed action will conduct work below the OHWM of the Cedar River during the in-water work period when salmon, steelhead, and bull trout could potentially be migrating or foraging in the area. Salmonid use of the action area is limited to moderate-quality foraging and migration habitat. No freshwater rearing or spawning habitat occurs within the action area. Even under normal, non-project conditions, migrating adult and juvenile salmonids likely move through the action area rapidly. The project has the potential to result in temporarily impaired water quality within the action area. The impact minimization and BMPs (described in Section 2.3), including work within the in-water work window will be sufficient to reduce the potential for adverse effects to an insignificant level. The levels of terrestrial noise that will be generated will be de-minimis, and are not expected to be elevated significantly above the ambient noise levels at the site. 7.4.2 Critical Habitats 7.4.2.1 Designated Salmon and Steelhead Critical Habitat Critical habitat has been designated for Puget Sound ESU Chinook salmon and Puget Sound DPS steelhead and occurs within the action area. The effects determination is that the proposed project “may affect, but is not likely to adversely affect” these critical habitats. This determination is warranted based on the following rationale. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 22 of 25 The proposed action will require work below the OHWM within waters of the Cedar River, which has been designated critical habitat for the ESU/DPS of salmon and steelhead listed above. The waters within the action area provide adequate migratory, water quality, and food base PCEs of critical habitat for the ESU/DPS of salmon and steelhead. The project has the potential to result in temporarily impaired water quality within the action area. Impacts to water quality associated with the proposed action will be temporary in nature and will not result in any measurable or significant effects to any PCEs of critical habitat. The impact minimization and BMPs (described in Section 2.3), including work within the in-water work window, will be sufficient to ensure that temporarily impaired water quality conditions do not adversely affect any PCE of critical habitat for salmon, steelhead, or bull trout. The proposed action has the potential to result in temporarily elevated underwater noise levels during construction; however, the levels of terrestrial and underwater noise that will be generated will be minimal and are not expected to be elevated significantly above the ambient noise levels at the site. Because most of the work will be conducted overwater and in the dry, the project is not expected to measurably elevate underwater noise. The proposed action will not result in any benthic impacts. 8.0 REFERENCES Behnke, R.J. 1992. Native trout of western North America. American Fisheries Society Monograph 6. Bethesda, Maryland. BergerABAM. 2018. 2018 Inspection Report Cedar River Railroad Bridge. Draft Submittal. Submitted to City of Renton, Renton, Washington. July 2018. City of Seattle. 2007. Seattle Biological Evaluation. Seattle, WA. 1 May 2007. Federal Transit Administration (FTA). 2006. Transit Noise and Vibration Impact Assessment Guidance FTA-VA-90-1003-06. May 2006. Gendaszek, A.S., C.S. Magirl, and C.R. Czuba. 2012. Geomorphic response to flow regulation and channel and floodplain alteration in the gravel-bedded Cedar River, Washington, USA. 258-268. Hamer, T.E., and S.K. Nelson. 1995. Characteristics of marbled murrelet nest trees and nest stands. In Ecology and Conservation of the Marbled Murrelet. Ralph, C.J., G.L. Hunt, Jr., M.G. Raphael, J.F. Piatt, technical editors. General Technical Report. PSW-GTR-152. Albany, CA: Pacific Southwest Research Station, Forest Service, U.S. Department of Agriculture. 69-82. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 23 of 25 King County Department of Public Works. 1993. Cedar River Current and Future Conditions. Summary Report. Seattle, WA. Surface Water Management Division. October 1993. King County. 2019. King County Water Quality Monitoring. https://green2.kingcounty.gov/streamsdata/watershedinfo.aspx?Locator=0438#s pecialstudies. Accessed May 6, 2019. Lower Columbia Fish Recovery Board (LCFRB). 2004. Lower Columbia Salmon Recovery and Fish and Wildlife Subbasin Plan, Volume I—Regional Plan. Myers, J.M., R.G. Kope, G.J. Bryant, D. Teel, L.J. Lierheimer, T.C. Wainwright, W.S. Grant, F.W. Waknitz, K. Neely, S.T. Lindley, and R.S. Waples. 1998. Status Review of Chinook Salmon from Washington, Idaho, Oregon, and California. U.S. Department of Commerce, NOAA Tech. Memo. NMFS- NWFSC-35, 443pp. National Marine Fisheries Service (NMFS). 2019. ESA Salmon Listings, available at http://www.nwr.noaa.gov/protected_species/salmon_steelhead/salmon_and_stee lhead_listings/salmon_and_steelhead_listings.html. Accessed March 14, 2019. National Marine Fisheries Service (NMFS). 2011. 5-Year Review: Summary & Evaluation of Puget Sound Chinook, Hood Canal Summer Chum, Puget Sound Steelhead. National Marine Fisheries Service (NMFS). 1996. Making Endangered Species Act Determinations of Effect for Individual or Grouped Actions at the Watershed Scale. National Oceanic and Atmospheric Administration (NOAA). 2016. Steelhead Trout (Onchorynchus mykiss) http://www.fisheries.noaa.gov/pr/species/fish/steelhead-trout.html. Accessed June 20, 2017. Pacific Fisheries Management Council (PFMC). 1999. Amendment 14 to the Pacific Coast salmon plan, Appendix A: Identification and description of Essential Fish Habitat, adverse impacts, and recommended conservation measures for salmon. Portland, OR. Pacific Fisheries Management Council (PFMC). 1998a. The Coastal Pelagic Species Fishery Management Plan: Amendment 8. Pacific Fisheries Management Council (PFMC). 1998b. Final Environmental Assessment/Regulatory Review for Amendment 11 to the Pacific Coast Groundfish Fishery Management Plan. Rieman, B.E. and J.D. McIntyre. 1993. Demographic and habitat requirements for the conservation of bull trout Salvelinus confluentus. USDA Forest Service DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 24 of 25 Intermountain Research Station, General Technical Report INT-302, Ogden, UT. Smith, Carol J. 2003. Salmon and Steelhead Habitat Limiting Factors Water Resource Inventory Areas 3 and 4, The Skagit and Samish Basins. Washington State Conservation Commission. Lacey, WA. U.S. Fish and Wildlife Service (USFWS). 2019. U.S. Fish and Wildlife Trust Resources List, Endangered Species Act Species List. http://ecos.fws.gov/ipac/ Accessed March 14, 2019. Washington State Department of Fish and Wildlife (WDFW). 2019a. Priority Habitats and Species List—PHS on the Web. http://wdfw.wa.gov/mapping/phs/ Accessed March 14, 2019. Washington State Department of Fish and Wildlife (WDFW). 2019b. WDFW SalmonScape database. Accessed online at http://wdfw.wa.gov/mapping/salmonscape/index.html. Accessed March 14, 2019. Washington State Department of Transportation (WSDOT). 2018. Biological Assessment Preparation – Advanced Training Manual Version 02-2018. February 2018. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Page 25 of 25 9.0 LIST OF ACRONYMS AND ABBREVIATIONS BE biological evaluation BMP best management practice BRT Biological Review Team Cadman Cadman Materials, Inc. CFR Code of Federal Regulations cy cubic yard DMMP Dredged Material Management Program DPS distinct population segment Ecology Washington State Department of Ecology ESA Endangered Species Act ESU evolutionarily significant unit FTA Federal Transit Administration GB Georgia Basin HDPE high-density polyethylene LTAA likely to adversely affect LWD large woody debris MHHW mean higher high water MLLW mean lower low water MMPA Marine Mammal Protection Act NE no effect NLTAA not likely to adversely affect NMFS National Marine Fisheries Service NOAA National Oceanic and Atmospheric Administration NPF not properly functioning NTU nephelometric turbidity unit OHWM ordinary high water mark PCE primary constituent element PF properly functioning PHS Priority Habitat and Species SAP sampling and analysis plan SPCC spill prevention, control, and countermeasures SRBSRTC Snohomish River Basin Salmonid Recovery Technical Committee UHMW ultra-high molecular weight USACE U.S. Army Corps of Engineers USFWS U.S. Fish and Wildlife Service WDFW Washington Department of Fish and Wildlife WSDOT Washington State Department of Transportation DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) APPENDIX A FIGURES DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) APPENDIX B SPECIES LIST DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) APPENDIX C ESSENTIAL FISH HABITAT DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Appendix C – Essential Fish Habitat Page 1 of 2 APPENDIX C ESSENTIAL FISH HABITAT Public Law 104-297, the Sustainable Fisheries Act of 1996, amended the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) to establish new requirements for Essential Fish Habitat (EFH) descriptions in federal fishery management plans and to require federal agencies to consult with National Marine Fisheries Service (NMFS) on activities that may adversely affect EFH. The Magnuson-Stevens Act requires consultation for all federal agency actions that may adversely affect EFH. The action area is within designated EFH for Pacific salmon. EFH for Pacific salmon in fresh water includes all streams, lakes, ponds, wetlands, and other currently viable bodies of fresh water and the substrates within those waterbodies accessible to Pacific salmon. Activities occurring above impassable barriers that are likely to adversely affect EFH below impassable barriers are subject to the consultation provisions of the Magnuson- Stevens Act. The Magnuson-Stevens Act requires consultation for all federal agency actions that may adversely affect EFH. EFH consultation with National Oceanic and Atmospheric Administration (NOAA) Fisheries is required by federal agencies undertaking, permitting, or funding activities that may adversely affect EFH, regardless of its location. Under Section 305(b)(4) of the Magnuson-Stevens Act, NOAA Fisheries is required to provide EFH conservation and enhancement recommendations to federal and state agencies for actions that adversely affect EFH. Wherever possible, NOAA Fisheries uses existing interagency coordination processes to fulfill EFH consultations with federal agencies. For the proposed action, this goal is being met by incorporating EFH consultation into the Endangered Species Act (ESA) Section 7 consultation, as represented by this Biological Evaluation. Location As stated above, the proposed activities will occur on an existing pedestrian bridge over the Cedar River in Renton, Washington. The action area is within Water Resource Inventory Area 8, Cedar-Sammamish watershed, and is located within Hydraulic Unit Code 17110012 (see Section 2.0 for a complete description of the action area). Description of Project Activities Degradation was found in two of the timber piles supporting the north abutment and in some of the timbers in the pad supporting the steel truss bridge. Timber facing for the abutment has deteriorated and subsequent loss of material weakened the abutment. The proposed repairs will rebuild the abutment within its current footprint by repairing timber piles, repairing/replacing timber facing, and replacing lost material behind the facing. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) Biological Evaluation WSP USA, A19.0010.00 City of Renton Cedar River Trail Trestle Bridge Repairs May 2019 Renton, Washington Appendix C – Essential Fish Habitat Page 2 of 2 Repairs will be made to existing serviceable facilities and conducted within the existing footprint of the facilities with minimal environmental impacts. The proposed action is described in detail in Section 2.0 of this Biological Evaluation. Potential Adverse Effects of Project Activities The proposed action has the potential to affect EFH for Pacific salmon species. Specific elements of the proposed action that could potentially impact EFH are summarized here (see Section 7.0 for a detailed analysis of the potential effects of the project). Direct effects of the proposed action will be largely temporary in nature. Temporary impacts to habitat will be limited to the potential for temporarily impaired water quality conditions and temporarily elevated noise levels within the action area. Minimization Measures and Best Management Practices Conservation/minimization measures and BMPs that will be implemented by the project are discussed in Section 2.3 in the Biological Evaluation. All work below the mean higher high water of the Cedar River will be conducted during the in- water work window for waters of the Cedar River (between 16 July and 31 December), which avoids the peak run timing for most runs of salmon. Implementation of these minimization measures and BMPs will be sufficient to ensure that any impacts to EFH are temporary and insignificant, and do not affect any functional component of EFH for Pacific salmon species. Conclusions In accordance with the EFH requirements of the Magnuson-Stevens Act, it has been determined that the project “will not adversely affect” EFH for Pacific salmon species. The proposed action has incorporated minimization and avoidance measures, and BMPs intended to avoid and/or minimize potential effects to habitat. Water quality and noise impacts that may result during construction will be temporary and will result in no significant effects to any functional component of EFH for Pacific salmon species. DocuSign Envelope ID: F51290C7-4E46-4E5D-88E7-39279F6550DB AGENDA ITEM #7. g) From:Angelea Weihs To:"grace.roberts@wsp.com" Cc:Alan Wyatt Subject:RE: Cedar River Trestle Bridge Date:Wednesday, October 09, 2019 4:23:29 PM Attachments:image001.png image002.png Hello Grace, The city does not issue a SEPA exemption document. The project is exempt per the following code section: WAC 197-11-800(27): (27)Structurally deficient city, town and county bridges. The repair, reconstruction, restoration, retrofitting, or replacement of a structurally deficient city, town or county bridge shall be exempt as long as the action: (a) Occurs within the existing right of way and in a manner that substantially conforms to the preexisting design, function, and location as the original except to meet current engineering standards or environmental permit requirements; and (b) The action does not result in addition of automobile lanes, a change in capacity, or a change in functional use of the facility. "Structurally deficient" means a bridge that is classified as in poor condition under the state bridge condition rating system and is reported by the state to the national bridge inventory as having a deck, superstructure, or substructure rating of four or below. Structurally deficient bridges are characterized by deteriorated conditions of significant bridge elements and potentially reduced load-carrying capacity. Bridges deemed structurally deficient typically require significant maintenance and repair to remain in service, and require major rehabilitation or replacement to address the underlying deficiency. Let me know if you have any additional questions, Angelea Weihs Associate Planner, City of Renton 1055 S. Grady Way Renton, WA 98057 (425) 430-7312 From: Roberts, Grace <grace.roberts@wsp.com> Sent: Monday, October 07, 2019 11:25 AM To: Alan Wyatt <AWyatt@Rentonwa.gov> Cc: Nelson, Garth <garth.nelson@wsp.com> Subject: RE: Cedar River Trestle Bridge Hi Alan- SEPA Exemption AGENDA ITEM #7. g) I thought that the shoreline exemption would include the SEPA exemption, but after reviewing the document I don’t see mention of the SEPA. I don’t believe a shoreline exemption can be issued without the SEPA exemption. Do you mind asking Angelea Weihs about the whereabouts of the SEPA exemption? I’m happy to call her for you if you’d like. Thanks- Grace Roberts Environmental Scientist/Diver BergerABAM is now WSP. Come imagine with us! Please note the new email address. Email: grace.roberts@wsp.com Phone: 206-431-2295 WSP USA 33301 Ninth Avenue South, Suite 300 Federal Way, WA 98003-2600 wsp.com From: Alan Wyatt <AWyatt@Rentonwa.gov> Sent: Monday, October 7, 2019 8:15 AM To: Roberts, Grace <grace.roberts@wsp.com>; Nelson, Garth <garth.nelson@wsp.com> Subject: Cedar River Trestle Bridge Hi Grace and Garth, Attached is the Cedar River Trestle Bridge Shoreline Letter of Exemption. After your review, we will need to review a schedule for the project implementation. Thank you for your assistance with the project, Alan Alan J. Wyatt, RLA, ASLA, LEED-AP Capital Projects Manager | Parks Planning & Natural Resources 1055 S Grady Way | 6th Floor | Renton, WA 98057 Phone: 425.430.6571 | Mobile: 206.276.8833 AWyatt@rentonwa.gov AGENDA ITEM #7. g) Project: Cedar River Trestle Bridge Repairs ‐ CAG‐20‐006Due Date: January 28, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Bid Bid Cert Non‐AddenSchedule of PricesQualif Bond Comp Coll A, B*Includes Sales TaxBrumfield Construction, Inc.P.O. Box 600 1AberdeenX X X X X X $392,700.00WA98520MichellePettyCeccanti4116 Brookdale Rd E.2TacomaX X X X X X $599,339.05WA98446DonnaMotlandCombined Construction, Inc3701 South Road3MukilteoX X X X X X $428,120.00WA98275KyleSmithBidderFORMSEngineer's Estimate$441,000.00 AGENDA ITEM #7. g) Project: Cedar River Trestle Bridge Repairs ‐ CAG‐20‐006Due Date: January 28, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Bid Bid Cert Non‐AddenSchedule of PricesQualif Bond Comp Coll A, B*Includes Sales TaxBidderFORMSEMTech, LLC1133 Kresky Ave, Suite 1064CentraliaX X X X X X $367,400.00WA98531Ben BooherMassana Construction, Inc.4810 Pt. Fosdick Dr, Suite 2375Gig HarborX X X X X X $397,980.00WA98335MichaelKeyserNeptune Marine14598 Dogwood Lane6Mount VernonX X X X X X $545,050.00WA98273TravisCrabbEngineer's Estimate$441,000.00 AGENDA ITEM #7. g) Project: Cedar River Trestle Bridge Repairs ‐ CAG‐20‐006Due Date: January 28, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Bid Bid Cert Non‐AddenSchedule of PricesQualif Bond Comp Coll A, B*Includes Sales TaxBidderFORMSNordvind Company1720 Loraine St7EnumclawX X X X X $433,422.76WA98022EricPetersonPivetta Brothers Construction, Inc.P.O. Box 3708SumnerX X X X X X $446,970.70WA98390MarkPivetta Quigg Brothers, IncP.O. Box17079AberdeenX X X X X X $420,200.00WA98520CharlesQuigg Engineer's Estimate$441,000.00 AGENDA ITEM #7. g) Project: Cedar River Trestle Bridge Repairs ‐ CAG‐20‐006Due Date: January 28, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Bid Bid Cert Non‐AddenSchedule of PricesQualif Bond Comp Coll A, B*Includes Sales TaxBidderFORMSQuilceda Exavation, Inc.2807A Norman Road10StanwoodX X X X X X $437,574.50WA98292DannySimpson, Jr.Road Construction Northwest, Inc.P.O. Box 222811RentonX X X X X X $534,257.16WA98056MathewWagesterRognlin's Inc.P.O. Box 30712321 West State StreetX X X X X X $378,400.00AberdeenWA98520KatieSnodgrassEngineer's Estimate$441,000.00 AGENDA ITEM #7. g) Project: Cedar River Trestle Bridge Repairs ‐ CAG‐20‐006Due Date: January 28, 2020CITY OF RENTONBID TABULATION SHEETBid Total fromProp Bid Bid Cert Non‐AddenSchedule of PricesQualif Bond Comp Coll A, B*Includes Sales TaxBidderFORMSPete Talakai Construction9236 25th Ave S.W.13SeattleX X X X X X $602,763.70WA98106DanaTalakai Engineer's Estimate$441,000.00 AGENDA ITEM #7. g) AB - 2595 City Council Regular Meeting - 16 Mar 2020 SUBJECT/TITLE: Washington State Department of Health SNAP Incentive Agreement for Renton Farmers Market RECOMMENDED ACTION: Council Concur DEPARTMENT: Community Services Department STAFF CONTACT: Carrie Olson, Farmers Market Coordinator EXT.: 7214 FISCAL IMPACT SUMMARY: Accept up to $7,500.00 as reimbursement from the Washington State Department of Health between April 1, 2020 and June 30, 2021 for Supplemental Nutrition Assistance Pro gram Incentives at the Renton Farmers Market. SUMMARY OF ACTION: From 2016 through 2019, the Renton Farmers Market ran an incentive program for participants in the Supplemental Nutrition Assistance Program (SNAP). Known formerly as 'Fresh Bucks' this incentive was a dollar-for-dollar match of SNAP benefits used at the Market, with the incentive money coming back to the Renton Farmers Market as a reimbursement from a grant with the City of Seattle. With the sunset of that grant at the end of 2019, the Renton Farmers Market looks to continue this successful incentive program with funding from the Washington Department of Health. This grant would cover up to $7,500.00 in incentives as reimbursement, from April 1, 2020 though June 30, 2021. EXHIBITS: A. 2020 DOH SNAP Incentive Agreement STAFF RECOMMENDATION: Approve the 2020 Washington State Department of Health Supplemental Nutrition Assistance Program Incentive Agreement to accept funding at the Renton Farmers Market for April 1, 2020 through June 30, 2021. AGENDA ITEM #7. h) DOH Contract GVL24912-0 Page 1 of 7 Revision December 2019 CONTRACT NUMBER: GVL24912-0 SUB-RECIPIENT YES NO FFATA FORM REQUIRED YES NO THIS AGREEMENT is made by and between the State of Washington Department of Health, hereinafter referred to as DOH, and the party whose name appears below, hereinafter referred to as Contractor. CONTRACTOR NAME and ADDRESS: City of Renton – Farmers Market 1055 South Grady Way – 6th Floor Renton, WA 98057 UBI: 177-000-094 PURPOSE: Washington State’s Fruit and Vegetable Incentive Program (FVIP) provides point of sale incentives to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is the statewide SNAP/EBT Match Program at farmers markets. Farmers markets will implement the SNAP/EBT Match Program to increase the purchasing power of SNAP clients to purchase fruits and vegetables. IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK: The Contractor shall provide the work as described in Exhibit A, attached hereto and incorporated herein. GENERAL TERMS AND CONDITIONS: The contractor shall comply with the terms and conditions described in Exhibit B, attached hereto and incorporated herein. PERIOD OF PERFORMANCE: Subject to its other provisions, the period of performance under this contract shall be from April 1, 2020 through June 30, 2021 unless sooner terminated as provided herein. Any work done outside of the period of performance shall be provided at no cost to DOH. CONSIDERATION: The maximum consideration available under this contract shall not exceed $7,500 without a properly executed written amendment signed by representatives of both parties authorized to do so. Consideration includes but is not limited to all taxes, fees, surcharges, etc. Source of Funds: Federal: $0 State: $7,500 Other: $ 0 TOTAL: $7,500 Contractor agrees to comply with all applicable rules and regulations associated with these funds. Unless otherwise indicated in this contract, any State funds which are unexpended as of June 30th will not be available for carry over into the next State fiscal year (July – June). INVOICES AND PAYMENT: Contractor will submit invoices to the DOH Project Manager for all amounts to be paid. Invoices must reference this contract number and provide detailed information as requested. All invoices must be approved by DOH prior to payment; approval will not be unreasonably AGENDA ITEM #7. h) DOH Contract GVL24912-0 Page 2 of 7 Revision December 2019 withheld. DOH will authorize payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in the statement of work and/or budget. DOH will return all incorrect or incomplete invoices and will not pay for services that occur outside the period of performance. The Contractor will not invoice for services if they are entitled to payment, have been, or will be paid by any other source for that service. DOH will issue payment within 30 days of receiving a correct and complete invoice and approving the deliverable(s). DOH must receive correct and complete invoices within 60 days of the contract expiration date. Late invoices will be paid at the discretion of DOH and are contingent upon the availability of funds. Failure to submit a properly completed IRS form W-9 may result in delayed payments. APPROVAL: This contract shall be subject to the written approval of DOH Contracting Officer and shall not be binding until so approved. IN WITNESS WHEREOF: DOH and the Contractor have signed this contract. CONTRACTOR SIGNATURE DATE PRINT OR TYPE NAME TITLE DOH CONTRACTING OFFICER SIGNATURE DATE AGENDA ITEM #7. h) EXHIBIT A STATEMENT OF WORK DOH Farmer’s Market Agreement GVL24912-0 DOH Contract GVL24912-0 Page 3 of 7 Revision December 2019 City of Renton – Farmers Market Statewide SNAP/EBT Match Program PURPOSE: Washington State’s Fruit and Vegetable Incentive Program (FVIP) provides point of sale incentives to Supplemental Nutrition Assistance Program (SNAP) clients. One part of the FVIP is the statewide SNAP/EBT Match Program at farmers markets. Farmers markets will implement the SNAP/EBT Match Program to increase the purchasing power of SNAP clients to purchase fruits and vegetables. Scope of Work: 1. Implement the statewide SNAP/EBT Match Program, which includes but is not limited to: a. Providing $1 of fruit and vegetable “incentives” for $1 every SNAP clients use to purchase SNAP eligible items. Incentives can only be used for fruits and vegetables. Markets can decide what the daily customer cap is. b. Using standard currency and promotional material as provided by DOH. 2. Report SNAP transaction data, which includes: a. SNAP and incentive distribution for each SNAP/EBT transaction each month – including SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. Reporting will be through the tablet/app provided by DOH. Farmers markets can use paper tracking during the market day, but need to transfer this data to the table/app. b. SNAP and incentive redemption each quarter – including SNAP and incentive amount redeemed by vendors. Reporting will be to the designated Technical Assistance Contractor, unless otherwise directed by DOH. 3. Train staff, volunteers, and vendors on the statewide SNAP/EBT Match Program, with the assistance of the Washington State Farmers Market Association and a Technical Assistance Contractor (designated by region by DOH). 4. Promote the SNAP/EBT Match program to SNAP clients at your farmers market. 5. Invoice Department of Health on a monthly basis (see Payment and Deliverable sections below). 6. Work with the region’s Technical Assistant Contractor to troubleshoot issues related to the SNAP/EBT Match Program and reporting. Payment: - Payment will be based on reimbursement only for incentives redeemed at the farmers market. - The contractor will invoice monthly on A-19 invoice form provided by DOH, and send the invoice to a DOH designated email for timely processing and reimbursement. - Payment will only be dispersed if Deliverable #1 is up-to-date for the respective month. - There are two distinct payment periods outlined below. Funding cannot roll over from one payment period to the next. Payment Period Amount DOH will reimburse January 1, 2020 – June 30, 2020 $2,500 July 1, 2020 – June 30, 2021 $5,000 Deliverables: 1. SNAP and incentive distribution for each SNAP/EBT transaction each month– including SNAP sale amount, incentive distribution amount, last 8 digits of EBT card, and zip code. 2. SNAP and incentive redemption each quarter – including SNAP and incentive amount redeemed by vendors each month. AGENDA ITEM #7. h) EXHIBIT B GENERAL TERMS AND CONDITIONS DOH Farmer’s Market Agreement GVL24912-0 DOH Contract GVL24912-0 Page 4 of 7 Revision December 2019 I. DEFINITIONS As used throughout this contract, the following terms shall have the meanings set forth below: 1. "Client" shall mean an agency, firm, organization, individual or other entity applying for or receiving services under this contract. 2. "Contractor" shall mean that entity performing services under this contract. 3. “Contracting Officer" shall mean that individual(s) of the Contracts and Procurement Office of DOH and his/her delegates within that office authorized to execute this contract on behalf of DOH. 4. "Department" shall mean the Department of Health (DOH) of the State of Washington, any division, section, office, unit or other entity of t he department, or any of the officers or other officials lawfully representing DOH. 5. "Reimbursement" shall mean that DOH will repay the Contractor for allowable costs incurred under the terms of this contract. II. GENERAL CONDITIONS 1. ADVANCE PAYMENTS PROHIBITED – No payment in advance or in anticipation of services or supplies to be provided under this contract shall be made by DOH. 2. AMENDMENTS – This contract may be amended by mutual written contract of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 3. ASSIGNABILITY – Neither this contract nor any claim arising under this contract shall be transferred or assigned by the Contractor. 4. CHANGE IN STATUS - In the event of substantive change in the legal status, organizational structure, or fiscal reporting responsibility of the Contractor, Contractor agrees t o notify DOH of the change. Contractor shall provide notice as soon as practicable, but no later than thirty days after such a change takes effect. 5. CONFLICT OF INTEREST – Notwithstanding any determination by the Executive Ethics Board or other tribunal, DOH may, in its sole discretion, by written notice to the Contractor, terminate this contract if it is found, after due notice and examination by DOH that there is a violation of the ethics in public service act, chapter 42.52 RCW, or any similar statute involving the Contractor in the procurement of, or performance of this contract. 6. DEBARMENT – In the event Federal funding is added via future amendment(s), additional Terms and Conditions may apply. The Contractor, by signature to this contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded in any Federal department or agency from participating in transactions. The Contractor agrees to include the above requirement in all subcontracts into which it enters to complete this contract should that be the case and Federal funding is added. AGENDA ITEM #7. h) EXHIBIT B GENERAL TERMS AND CONDITIONS DOH Farmer’s Market Agreement GVL24912-0 DOH Contract GVL24912-0 Page 5 of 7 Revision December 2019 7. DISPUTES – The parties shall use their best, good faith efforts to cooperatively resolve disputes and problems that arise in connection with this contract. Both parties will continue without delay to carry out their respective responsibilities under this contract while attempting to resolve the dispute under this section. When a genuine dispute arises between DOH and the Contractor regarding the terms of this agreement or the responsibilities imposed herein which cannot be resolved, either party may submit a request for non-binding mediation to the other party through the DOH Contracts Unit and the DOH Contracts Unit will notify the other party of the request for non-binding mediation. DOH Contracts will act as the initial coordination point and manage the non-binding mediation communication to and from the parties. Each party agrees that the DOH will identify three mediators who are neutral to both parties. Each party agrees that Contractor will identify one of the three mediators to engage in this process. Each party agrees that it will be responsible for one-half (1/2) the cost of the mediator. Each party agrees that the non-binding mediation will occur at a time and place convenient to all parties, including the mediator and that preference is for the mediation to occur in Olympia or Tumwater, Washington. Each party agrees the mediation is non-binding. A party’s request for a non-binding mediation must: Be in writing, Clearly state the disputed issues, State the relative positions of the parties, state the Contractor’s name, address, and his/her contact number, the DOH Program Contract Manager. Be mailed to ATTN: DOH Contracts and Procurement Director, P.O. Box 47905, Olympia, WA 98504-7905 within 30 day (30) calendar days after the party could have reasonably be expected to have knowledge of the issue which he/she now disputes, or Be emailed to DOHCon.Mgmt@doh.wa.gov with the subject line clearly displaying the contract number and the word “DISPUTE.” The non-binding mediation process constitutes the sole administrative remedy available under this contract. The parties agree that this resolution process shall precede any action in a judicial and quasi-judicial tribunal. Both parties have a duty and responsibility to timely pursue and engage in non-binding mediation. However, the requesting party may pursue judicial or quasi-judicial action prior to the completion of non-binding mediation if the subject party unnecessarily delays or intentionally frustrates the mediation process. 8. GOVERNING LAW – This contract shall be governed by the laws of the State of Washington and applicable federal laws and regulations. The venue of any legal action or suit concerning this contract shall be the Thurston County Superior Court and all actions or suits thereon shall be brought therein. 9. INDEMNIFICATION – HOLD HARMLESS Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees, and agents, to the extent permitted by law. 10. INDEPENDENT CAPACITY OF THE CONTRACTOR – The parties intend that an independent contractor relationship will be created by this contract. The Contractor and his or her employees or agents performing under the contract are not employees of DOH. The contractor shall not hold himself/herself out as nor claim to be an officer or employee of DOH or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or AGENDA ITEM #7. h) EXHIBIT B GENERAL TERMS AND CONDITIONS DOH Farmer’s Market Agreement GVL24912-0 DOH Contract GVL24912-0 Page 6 of 7 Revision December 2019 benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Contractor. 11. MATERIAL BREACH – Contractor may be terminated for cause by DOH, at the sole discretion of the Contract Administrator, for failing to perform a contractual requirement or for a material breach of any term or condition. 12. OVERPAYMENTS AND ASSERTION OF LIEN – In the event that DOH establishes overpayments or erroneous payments made to the Contractor under this contract, DOH may secure repayment, plus interest, if any, through the filing of a lien against the Contractor's real property, or by requiring the posting of a bond, assignment or deposit, or some other form of security acceptable to DOH, or by doing both. 13. PUBLICITY – The Contractor agrees to submit to DOH all advertising and publicity matters relating to this contract wherein DOH’s name is mentioned or language used from which the connection of DOH’s name may, in DOH's judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of DOH. 14. RECORDS, DOCUMENTS, AND REPORTS –The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by DOH, personnel duly authorized by DOH, the Office of the State Auditor, and Federal and State officials so authorized by law, regulation or agreement. If the contract reimburses the Contractor for costs incurred in performance, the Contractor shall in addition maintain books, records, documents and other evidence of procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in t he performance of this contract. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 15. RIGHT OF INSPECTION – The Contractor shall provide right of access to its facilities to DOH, or any of its officers, or to any other authorized employee or official of the State of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. The Contractor shall make available information necessary for DOH to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The Contractor’s internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of personal information obtained or used as a result of this contract shall be made available to DOH and the U.S. Secretary of the Department of Health & Human Services, upon request. AGENDA ITEM #7. h) EXHIBIT B GENERAL TERMS AND CONDITIONS DOH Farmer’s Market Agreement GVL24912-0 DOH Contract GVL24912-0 Page 7 of 7 Revision December 2019 16. SURVIVABILITY – The terms and conditions contained in this contract which by their sense and context, are intended to survive the completion, cancellation, termination, or expiration of the contract shall survive, 17. SUSPENSION OF PERFORMANCE AND RESUMPTION OF PERFORMANCE – In the event contract funding from State, Federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, DOH may give notice to Contractor to suspend performance as an alternative to termination. DOH may elect to give written notice to Contractor to suspend performance when DOH determines that there is a reasonable likelihood that the funding insufficiency may be resolved in a timeframe that would allow performance to be resumed prior to the end date of this contract. Notice may include notice by facsimile or email to Contractor’s representative. Contractor shall suspend performance on the date stated in the written notice to suspend. During the period of suspension of performance each party may inform the other of any conditions that may reasonably affect the potential for resumption of performance. When DOH determines that the funding insufficiency is resolved, DOH may give Contractor written notice to resume performance and a proposed date to resume performance. Upon receipt of written notice to resume performance, Contractor will give written notice to DOH as to whether it can resume performance, and, if so, the date upon which it agrees to resume performance. If Contractor gives notice to DOH that it cannot resume performance, the parties agree that the contract will be terminated retroactive to the original date of termination. If the date Contractor gives notice it can resume performance is not acceptable to DOH, the parties agree to discuss an alternative acceptable date. If an alternative date is not acceptable to DOH, the parties agree that the contract will be terminated retroactive to the original date of termination. 18. TERMINATION FOR CONVENIENCE – Except as otherwise provided in this contract, the Contracting Officer may, by TEN (10) calendar days written notice, beginning on the second day after the mailing, terminate this contract in whole or in part when it is in the best interests of DOH. If this contract is so terminated, DOH shall be liable only for payment in accordance with the terms of this contract for services rendered prior to the effective date of termination. 19. TERMINATION PROCEDURE – Upon termination of this contract DOH may require the Contractor to deliver to DOH any property specifically produced or acquired for the performance of such part of this contract as has been terminated. 20. WAIVER OF DEFAULT – Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by authorized representative of DOH. AGENDA ITEM #7. h) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, PROCLAIMING AN EMERGENCY. WHEREAS, the City of Renton, State of Washington, empowers the Mayor to proclaim the existence or threatened existence of a local emergency in the City, when the City is affected or likely to be affected by a major emergency or natural disaster; and WHEREAS, on January 31, 2020, the United States Department of Public Health and Human Services Secretary Alex Azar declared a public emergency for the 2019 Novel Coronavirus (COVID‐19) beginning January 27, 2020; and WHEREAS, on February 29, 2020, Governor Jay Inslee proclaimed a state of emergency (Proclamation 20‐05) for all counties in Washington State, due to the spread of COVID‐19, and directed that the plans and procedures of the Washington State Comprehensive Emergency Management Plan be implemented; and WHEREAS, on March 1, 2020, King County Executive Dow Constantine signed a Proclamation of Emergency due to the number of confirmed cases of COVID‐19 in King County, enabling King County to take extraordinary measures; and WHEREAS, COVID‐19 is a respiratory disease that can result in serious illness or death, and can easily spread from person to person and the reported number of cases are increasing daily; and WHEREAS, the Department of Public Health – Seattle and King County is regularly updating guidance on reducing the risk of exposure to COVID‐19 and following such guidance may restrict regular government functions; and AGENDA ITEM # 9. a) RESOLUTION NO. ________ 2 WHEREAS, measures must be taken to protect public health, safety and welfare of City residents, business, visitors, and personnel; and WHEREAS, additional resources may be required in response to the COVID‐19 outbreak; and WHEREAS, the City may require supplemental assistance; and WHEREAS, the severity of this event may go beyond the capability of local resources and the duration of the event is unknown; and WHEREAS, the existing conditions relating to COVID‐19 warrant the proclamation of the existence of a local emergency; and WHEREAS, on March 5, 2020, the Mayor proclaimed an emergency, attached hereto as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the proclamation of emergency by Mayor Armondo Pavone. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor’s emergency proclamation, attached hereto as Exhibit A. PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2020. ______________________________ Jason A. Seth, City Clerk AGENDA ITEM # 9. a) RESOLUTION NO. ________ 3 APPROVED BY THE MAYOR this ______ day of _____________________, 2020. ______________________________ Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ________ RES:1838:3/6/2020 AGENDA ITEM # 9. a) RESOLUTION NO. ________ 4 EXHIBIT A PROCLAMATION OF EMERGENCY AGENDA ITEM # 9. a) RESOLUTION NO. ________ 5 AGENDA ITEM # 9. a) RESOLUTION NO. ________ 6 AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT RELATING TO AN E2SHB 1923 GRANT WITH WASHINGTON STATE DEPARTMENT OF COMMERCE FOR 2019 – 2021. WHEREAS, the City and Washington State Department of Commerce (“DOC”) are authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative agreement; and WHEREAS, the DOC and the City desire to promote increased urban residential building capacity; and WHEREAS, the Washington State Legislature created a new grant program under Engrossed Second Substitute House Bill (E2SHB) 1923 (Chapter 348, Laws of 2019), which provides a number of eligible land use planning activities for cities to consider implementing to increase housing capacity; and WHEREAS, the City was awarded $100,000 in E2SHB 1923 grant funds to assist with the creation of a Housing Action Plan beginning in 2019 through 2021, to be administered by the DOC’s Growth Management Services unit ; and WHEREAS, the goal of a Housing Action Plan is to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: AGENDA ITEM # 9. b) RESOLUTION NO. _______ 2 SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement for an E2SHB 1923 grant with the DOC for 2019 – 2021 attached hereto as Exhibit “A” and incorporated by this reference. PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2020. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2020. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES.1835:2/21/2020 AGENDA ITEM # 9. b) RESOLUTION NO. _______ 3 EXHIBIT “A” INTERAGENCY AGREEMENT FOR E2SHB 1923 GRANT TO ADOPT A HOUSING ACTION PLAN BETWEEN THE CITY OF RENTON AND WASHINGTON STATE DEPARTMENT OF COMMERCE, GROWTH MANAGEMENT SERVICES AGENDA ITEM # 9. b) Interagency Agreement with City of Renton through Growth Management Services For E2SHB 1923 Grant to adopt a Housing Action Plan Start date: Date of Execution AGENDA ITEM # 9. b) ii TABLE OF CONTENTS Special Terms and Conditions 1.Authority…………………………………………………………………………………..1 2.Contract Management ........................................................................................... 1 3.Compensation ........................................................................................................ 1 4.Expenses…………………………………………………………………………………1 5.Billing Procedures and Payment ............................................................................ 1 6.Insurance…………………………………………………………………………………2 7.Ownership of Materials Disclaimer…………………………………………………….2 8.Subcontractor Data Collection ............................................................................... 2 9.Order of Precedence .............................................................................................. 2 General Terms and Conditions 1.Definitions .............................................................................................................. 3 2.All Writings Contained Herein ................................................................................ 3 3.Amendments .......................................................................................................... 3 4.Assignment ............................................................................................................ 3 5.Confidentiality and Safeguarding of Information.................................................... 3 6.Copyright................................................................................................................ 4 7.Disputes ................................................................................................................. 4 8.Governing Law and Venue .................................................................................... 4 9.Indemnification ....................................................................................................... 5 10.Licensing, Accreditation and Registration ............................................................. 5 11.Recapture .............................................................................................................. 5 12.Records Maintenance ............................................................................................ 5 13.Savings .................................................................................................................. 5 14.Severability ............................................................................................................ 5 15.Subcontracting ....................................................................................................... 5 16.Survival .................................................................................................................. 6 17.Termination for Cause ........................................................................................... 6 18.Termination for Convenience................................................................................. 6 19.Termination Procedures ........................................................................................ 6 20.Treatment of Assets ............................................................................................... 7 21.Waiver .................................................................................................................... 8 Attachment A, Scope of Work Attachment B, Budget AGENDA ITEM # 9. b) FACE SHEET iii Contract Number: 20-63314-022 Washington State Department of Commerce Local Government Division Growth Management Services E2SHB 1923 Grant 1. Contractor 2. Contractor Doing Business As (optional) City of Renton 1055 South Grady Way Renton, WA 988507 N/A 3. Contractor Representative 4. COMMERCE Representative Mark Santos-Johnson Community Development & Housing Manager Community & Economic Development Department (425)430.6584 msantosjohnson@rentonwa.gov Eric Guida Associate Planner (360) 725-3044 eric.guida@commerce.wa.gov PO Box 42525 1011 Plum Street SE Olympia Washington 98504-2525 5. Contract Amount 6. Funding Source 7. Start Date 8. End Date $100,000 State of Washington Date of Execution June 30, 2021 9. SWV #10. UBI # SWV0012200-00 177-00-094 11. Contract Purpose E2SHB 1923 (2019) grant funding to address housing affordability. 12.Signing Statement COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents hereby incorporated by reference: Attachment “A” – Scope of Work and Attachment “B” – Budget. FOR CONTRACTOR FOR COMMERCE Armondo Pavone, Mayor City of Renton Date Mark K. Barkley, Assistant Director Local Government Division Date APPROVED AS TO FORM ONLY BY ASSISTANT ATTORNEY GENERAL 08/22/2019. APPROVAL ON FILE. AGENDA ITEM # 9. b) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 1 1.AUTHORITY COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW. 2.CONTRACT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Contract. The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Contract. The Representative for the Contractor and their contact information are identified on the Face Sheet of this Contract. 3.COMPENSATION COMMERCE shall pay an amount not to exceed one hundred thousand dollars ($100,000) for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work (Attachment A). Actions selected from the menu of twelve actions must be adopted by April 1, 2021 to receive full funding. Budget managers should be aware that the final thirty percent (30%) of the grant award is contingent upon adoption of the selected Action(s). The final due date for deliverables must be no later than June 15, 2021. 4.EXPENSES Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. 5.BILLING PROCEDURES AND PAYMENT COMMERCE will pay Contractor upon acceptance of services and deliverables provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than quarterly. The parties agree this is a performance-based contract intended to produce the deliverables identified in Scope of Work (Attachment A). Payment of any invoice shall be dependent upon COMMERCE’S acceptance of Contractor’s performance and/or deliverable. The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract Number 20-63314-022. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement. Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. COMMERCE may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE. COMMERCE will pay Contractor for costs incurred prior to the start date of this Ag reement, if such costs would have been allowable on or after July 28, 2019, the effective date of Engrossed Second Substitute AGENDA ITEM # 9. b) SPECIAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 2 House Bill 1923 (2019). To be allowable, such costs must be limited to the completion of tasks and deliverables outlined in the Scope of Work (Attachment A). Duplication of Billed Costs The Contractor shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants, for that service. Disallowed Costs The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. Line Item Transfers The total amount of transfers of funds between line item budget categories shall not exceed ten percent (10%) of the total budget. If the cumulative amount of these transfers exceeds or is expected to exceed ten percent, the total budget shall be subject to justification and negotiation of a contracts amendment by the Contractor and COMMERCE. Ineligible Costs Only eligible project-related costs will be reimbursed. Ineligible costs include, but are not necessarily limited to: capital expenses, such as land acquisition or construction costs; purchase of machinery; hosting expenses, such as meals, lodging, or transportation incurred by persons other than staff and volunteers working directly on the project; lobbying or political influencing; and other costs which are not directly related to the project. 6.INSURANCE Each party certifies that it is self-insured under the State's or local government self-insurance liability program, and shall be responsible for losses for which it is found liable. 7.OWNERSHIP OF MATERIALS DISCLAIMER COMMERCE does not retain an ownership claim for any original copies of Materials adopted and submitted by the CONTRACTOR. This supersedes and replaces General Term and Condition Section 6 – Copyright. 8.SUBCONTRACTOR DATA COLLECTION Contractor will submit reports, in a form and format to be provided by Commerce and at intervals as agreed by the parties, regarding work under this Agreement performed by subcontractors and the portion of funds expended for work performed by subcontractors, including but not necessarily limited to minority-owned, woman-owned, and veteran-owned business subcontractors. “Subcontractors” shall mean subcontractors of any tier. 9.ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: •Applicable federal and state of Washington statutes and regulations •Special Terms and Conditions •General Terms and Conditions •Attachment A – Scope of Work •Attachment B – Budget AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 3 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “COMMERCE” shall mean the Department of Commerce. C. “Contract” or “Agreement” means the entire written agreement between COMMERCE and the Contractor, including any attachments, documents, or materials incorporated by reference. E-mail or facsimile transmission of a signed copy of this contract shall be the same as delivery of an original. D. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. E. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. F. ”State” shall mean the state of Washington. G. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms “subcontractor” and “subcontractors” mean subcontractor(s) in any tier. 2. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 3. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 4. ASSIGNMENT Neither this Contract, work thereunder, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of COMMERCE. 5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this section includes: i. All material provided to the Contractor by COMMERCE that is designated as “confidential” by COMMERCE; ii. All material produced by the Contractor that is designated as “confidential” by COMMERCE; and iii. All personal information in the possession of the Contractor that may not be disclose d under state or federal law. B. The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide COMMERCE with its policies and procedures on confidentiality. AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 4 COMMERCE may require changes to such policies and procedures as they apply to this Contract whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by COMMERCE. Upon request, the Contractor shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify COMMERCE within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 6. COPYRIGHT This section superseded by Special Term and Condition Section 7. Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to COMMERCE a nonexclusive, royalty - free, irrevocable license (with rights to sublicense to others) in such Materials to translate, rep roduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to COMMERCE. The Contractor shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delive red under this Contract. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 7. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applic able statutes and rules and make a determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 8. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and any applicable federal laws, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 5 9. INDEMNIFICATION Each party shall be solely responsible for the acts of its employees, officers , and agents. 10. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 11. RECAPTURE In the event that the Contractor fails to perform this Contract in accordance with state laws, federal laws, and/or the provisions of this Contract, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Contract. 12. RECORDS MAINTENANCE The Contractor shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract. The Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 13. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, COMMERCE may suspend or terminate the Contract under the "Termination for Convenience" clause, without the ten calendar day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 14. SEVERABILITY The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract. 15. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior wri tten approval of COMMERCE. If COMMERCE approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, COMMERCE in writing may: (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to COMMERCE if the Subcontractor fails to comply with any applicable term AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 6 or condition of this Contract. The Contractor shall appropriately mon itor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to COMMERCE for any breach in the performance of the Contractor’s duties. Every subcontract shall include a term that COMMERCE and the State of Washington are not liable for claims or damages arising from a Subcontractor’s performance of the subcontract. 16. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 17. TERMINATION FOR CAUSE In the event COMMERCE determines the Contractor has failed to comply with the conditions of this contract in a timely manner, COMMERCE has the right to suspend or terminate this contract. Before suspending or terminating the contract, COMMERCE shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damage s as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. COMMERCE reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the C ontractor or a decision by COMMERCE to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the Contractor: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law. 18. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, COMMERCE may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, COMMERCE shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 19. TERMINATION PROCEDURES Upon termination of this contract, COMMERCE, in addition to any other rights provided in this contract, may require the Contractor to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the Contractor and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. COMMERCE may withhold from any amounts due the Contractor such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 7 After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the Contractor shall: A. Stop work under the contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated; C. Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the C ontractor under the orders and subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcon tracts; D. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; E. Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the contract had been completed, wou ld have been required to be furnished to COMMERCE; F. Complete performance of such part of the work as shall not have been terminated by the Authorized Representative; and G. Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this contract, which is in the possession of the Contractor and in which the Authorized Representative has or may acquire an interest. 20. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in COMMERCE upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the Contractor shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this contract. B. The Contractor shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the Contractor shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The Contractor shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this contract All reference to the Contractor under this clause shall also include Contractor’s employees, agents or Subcontractors. AGENDA ITEM # 9. b) GENERAL TERMS AND CONDITIONS INTERAGENCY AGREEMENT STATE FUNDS State of Washington Interagency Agreement Updated August 2019 Department of Commerce Page 8 21. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of COMMERCE. AGENDA ITEM # 9. b) Attachment A Scope of Work Housing Action Plan RCW 36.70A.600(2) The goal of any such housing plan must be to encourage construction of additional affordable and market rate housing in a greater variety of housing types and at prices that are accessible to a greater variety of incomes, including strategies aimed at the for -profit single-family home market. The housing action plan should: (a) Quantify existing and projected housing needs for all income levels, including extremely low- income households, with documentation of housing and household characteristics, and cost- burdened households; (b) Develop strategies to increase the supply of housing, and variety of housing types, needed to serve the housing needs identified in (a) of this subsection; (c) Analyze population and employment trends, with documentation of projections; (d) Consider strategies to minimize displacement of low-income residents resulting from redevelopment; (e) Review and evaluate the current housing element adopted pursuant to RCW 36.70A.070, including an evaluation of success in attaining planned housing types and units, achievement of goals and policies, and implementation of the schedule of programs and actions; (f) Provide for participation and input from community members, community groups, local builders, local realtors, nonprofit housing advocates, and local religious groups; and (g) Include a schedule of programs and actions to implement the recommendations of the housing action plan. *** Commerce will be monitoring the contracts in May and November of 2020 to review progress in meeting milestones, deliverables and invoicing. Action 1: Develop a Housing Action Plan (Sub-Regional Framework) Steps/ Deliverables Description Start Date End Date Action 1 Develop a Housing Action Plan (Sub-Regional Framework). This Action will include providing a sub-regional housing needs assessment between the partner communities, developing a common approach to housing policies of sub-regional interest, and creating a supportive interactive tool that demonstrates the general impacts of policies on housing supplies in the sub-region. 11/2019 8/2020 AGENDA ITEM # 9. b) Attachment A Step 1.1 Establish schedule for inter-jurisdictional collaborative meetings between partnering staff representatives to cover administration of the Sub-Regional Housing Action Plan Framework, including developing the consultant selection criteria and managing the contract. 11/2019 2/2020 Step 1.2 Hire a consultant utilizing the agreed-upon selection process established in Step 1.1. 11/2019 2/2020 Step 1.3 Create a consultant scope of work to develop a baseline of population, employment, and housing characteristics at the sub-regional level needed to determine regional and local future housing needs, develop an interactive tool for use in evaluating housing distribution and need, and set broad policy framework for strategies individual cities can explore further in Housing Action Plans. 2/2020 2/2020 Step 1.4 Implement the scope of work with consultant and partner cities. 3/2020 8/2020 Deliverable 1 South King County Housing Action Plan Framework, hard copy and online versions 8/31/2020 Deliverable 2 South King County Housing Market Policy Dashboard Tool 8/31/2020 Action 2: Develop a Housing Action Plan (City of Renton) Steps/ Deliverables Description Start Date End Date Action 2 Develop a Housing Action Plan (City of Renton). Take the results from the Sub- Regional Framework and develop a Housing Action Plan (HAP) that evaluates current housing stock and policies in Renton and recommends changes to address identified housing gaps. 1/2020 4/2021 Step 2.1 Coordinate a HAP Advisory Committee, consisting of major housing stakeholders in Renton. 2/2020 4/2021 Step 2.2 Implement an engagement process to consult with the public about housing issues and inform them of HAP recommendations. This may include focus groups, open houses, online surveys, web materials, etc. 2/2020 4/2021 Step 2.3 Document current and projected housing stock and household characteristics in Renton, as needed to supplement the sub-regional framework. 3/2020 9/2020 AGENDA ITEM # 9. b) Attachment A Step 2.4 Identify Renton-specific housing needs and compile and summarize data and stakeholder input on these issues (residential displacement, aging-in-place, “missing middle” housing, etc.). 5/2020 9/2020 Deliverable 3 City of Renton Housing Needs Report 9/30/2020 Step 2.5 Evaluate performance of City housing policies and programs, including the Housing Element of the Comprehensive Plan, to determine priority areas to address in the HAP. 5/2020 9/2020 Step 2.6 Conduct a review of the Renton Municipal Code and existing zoning’s ability to provide for housing needs; recommend changes as needed. 6/2020 9/2020 Step 2.7 Develop strategic policy and action recommendations, including revisions to existing housing programs, the Renton Municipal Code, and Housing Element of the Comprehensive Plan, as applicable. 9/2020 11/2020 Step 2.8 Develop a proposed implementation plan for the recommendations, including timelines, additional regulatory and process review required, and required Council action. 9/2020 11/2020 Deliverable 4 Draft Housing Action Plan 12/31/2020 Step 2.9 Present the HAP for review to City committees, commissions, and Council. 11/2020 4/2021 Step 2.10 Submit the final HAP and all necessary documentation to the Department of Commerce. 6/15/2021 Deliverable 5 Adopted City of Renton Housing Action Plan 6/15/2021 AGENDA ITEM # 9. b) Attachment B Budget Deliverables Commerce Funds Deliverable 1: South King County Housing Action Plan Sub-Regional Framework (8/31/2020) $10,000 Deliverable 2: South King County Housing Market Policy Dashboard Tool (8/31/2020) $10,000 Deliverable 3: Renton Housing Needs Report (9/30/2020) $20,000 Deliverable 4: Draft City of Renton Housing Action Plan (12/31/2020) $30,000 Deliverable 5: Adopted City of Renton Housing Action Plan (6/15/2021) $30,000 Total: $100,000 NOTE: The final Deliverable for this grant represents thirty percent (30%) of the total grant award and payment is contingent upon submittal of a copy of the final, adopted local action(s). AGENDA ITEM # 9. b)