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Printed on Recycled Paper Award Date: CAG-21-131 Awarded to: City of Renton Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 Project No. SWP-27-2057 MAY 2021 City of Renton 1055 South Grady Way Renton WA 98057 Project Manager: Ken Srilofung (206) 422-9720 Bidding Requirements, City of Renton Forms, Contract Forms, Conditions of the Contract, Plans and Specifications CITYOFRENTONRENTON,WASHINGTONCONTRACTDOCUMENTSfortheMaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2021PROJECTNO.SWP-27-2057MAY2021BIDDINGREQUIREMENTSCONTRACTFORMSCONDITIONSOFTHECONTRACTSPECIFICATIONSPLANSPrintedonRecycledPaperCITYOFRENTON1055SouthGradyWayRenton,WA98057 CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 CONTRACT DOCUMENT TABLE OF CONTENTS Summary of Fair Practices Policy Summary of Americans with Disability Act Policy Scope of Work Location Figures Instructions to Bidders Call for Bids Contract Section *Bid Bond Form *Dept. of Labor and Industries Certificate Registration *Proposal and Combined Affidavit & Certificate Form: (Non-Collusion, Anti-Trust Claims, Minimum Wage) *Schedule of Prices *Acknowledgement of Receipt of Addenda *Certification of Compliance with Wage Payment Statues *Statement of Bidder Qualification Form ❖Bond to the City of Renton ❖Fair Practices Policy Affidavit of Compliance ❖Contract Agreement (Contracts other than Federal – Aid FHWA) ❖Retainage Selection Insurance Requirements Wash. State Prevailing Hourly Wage Rates Reference Renton Certificate of Payment of Prevailing Wages City of Renton SPECIAL PROVISIONS WSDOT Amendments Reference Maplewood Creek Permits (HPA and Army Corps) Madsen Creek Permits (HPA and Army Corps) Maplewood Creek Basin 1999 Cleaning Memo and Current Photos Madsen Creek 2008 Basin Cleaning and Current Photos Maplewood Reference Plans: 1996 Sediment Basin, Flow Splitter Plans (partial set) Construction Plans (reduced 11x17) Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * Submit with Bid ❖ Submit after Notice of Award CITY OF RENTON - Public Works Department 06a-Scope 2021\ CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 SCOPE OF WORK The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications, to include but not be limited to: Removing accumulated sediment from the Maplewood Creek Sediment Basin and the Madsen Creek Sediment Basin including: • Constructing a flow bypass dam and diverting each creek into an existing bypass pipe, • Removing approximately 1,100 cubic yards of accumulated sediment from the Maplewood Creek Sediment Basin, • Removing approximately 1,000 cubic yards of accumulated sediment from the Madsen Creek Sediment Basin, • Hauling and disposing of the sediment off-site, • Removing and adjusting rock berms, • Restoring flow to the sediment basin and removing the bypass dam, • Restoration, hydroseeding and cleanup in each basin. The Contractor shall comply with the requirements of the Washington State Hydraulic Project Approvals, and Army Corps of Engineers Nationwide Permits. This contract is comprised of work as described above and shall take place in the regulatory fish window for in-water work between July 1 and August 31 in 2021 and 2022. The estimated project cost is $294,000 to $392,000. For Bid Item Descriptions see Special Provisions Section 1-09.14 Any contractor connected with this project shall comply with all federal, state, county, and city codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document. INSTRUCTIONS TO BIDDERS 1. Sealed bids for this proposal will be received by the City of Renton at the lobby of Renton City Hall, until the time and date specified in the Call for Bids. No mailed, Fedex, or UPS delivered bids will be accepted. The bids will be publicly opened and read via Zoom video conference 60 minutes after the bid closing, after which the bids will be considered and the award made as early as practicable.No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. 2. Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Manager. Written addenda to clarify questions that arise may then be issued. Submit questions via e-mail to ksrilofing@rentonwat.gov. The bidder shall include “Bid Question- Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021” in the subject line. No oral statements by Owner, Engineer, or other representative of the owner shall, in any way, modify the contract documents, whether made before or after letting the contract. Questions received less than 4 business days prior to the date of sealed bid submittal may not be answered. The City will not be responsible for other explanations or interpretations of the bid documents. 3 The work to be done is shown in the plans and / or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The Cit y reserves the right to add or to eliminate portions of that work as deemed necessary. 4. Bidders shall satisfy themselves as to the local conditions by inspection of the site. 5. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. 6. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors, the unit price bid will govern. Illegible figures will invalidate the bid. 7. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 8. A certified check or satisfactory bid bond made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each bid proposal. Checks will be returned to unsuccessful bidders immediately following the decision as to award of contract. The check of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so, the check shall be forfeited to the City of Renton as liquidated damage for such failure. 9. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. 10. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made by check or electronic transfer 12. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage as identified within Special Provisions, Specification Section 1-07.18 “Public Liability and Property Damage Insurance”. 13. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14. Before starting work under this contract, the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment of retainage shall be done in accordance with Section 1-09.9(1) "Retainage”. 16. Basis For Approval The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. 17. Trench Excavation Safety Systems As required by RCW 39.04.180, on public works projects in which trench excavation will exceed a depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. These requirements shall be included in the Bid Schedule as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. 18. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, there shall be paid to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers, workmen, mechanics or subconsultants. The most recent issue of the prevailing wage rates are included within these specifications under section titled “Prevailing Minimum Hourly Wage Rates”. The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 19. Pollution Control Requirements Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. 20. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications, Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly, paragraph by paragraph, or not. 1. WSDOT/APWA "2021 Standard Specifications for Road, Bridge and Municipal Construction" and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to "State," "State of Washington," "Department of Transportation," "WSDOT," or any combination thereof in the WSDOT/APWA standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be detected and the measurement and payment provisions of Section 1-09.14, Measurement and Payment (added herein) shall govern. 21. If a soils investigation has been completed, a copy may be included as an appendix to this document. If one has not been provided for this project by the City or Engineer, the Bidders shall familiarize themselves adequately with the project site and existing subsurface condition as needed to submit their bid. Upon approval of the City, the Bidder may make such subsurface explorations and investigations as they see fit. The Bidder shall be responsible for protection of all existing facilities, utilities and other buried or surface improvements and shall restore the site to the satisfaction of the City. 22. In accordance with Section 1-02.1 and 1-02.14, the City of Renton is requiring bidders to complete and submit the Statement of Bidder Qualification Form included in the contract documents to ascertain the ability of bidders to perform the work satisfactorily. The completion of this form is a requirement to meet bidder responsibility criteria. 23. Bidder’s Checklist ❑ It is the responsibility of each bidder to ascertain if all the documents listed on the attached index are included in their copy of the bid specifications. If documents are missing, it is the sole responsibility of the bidder to contact the City of Renton to obtain the missing documents prior to bid opening time. ❑ Have you submitted, as part of your bid, all documents marked in the index as “Submit With Bid”? ❑ Has bid bond or certified check been enclosed? ❑ Is the amount of the bid guaranty at least 5 percent of the total amount of bid including sales tax? ❑ Has the proposal been signed? ❑ Have you bid on ALL ITEMS and ALL SCHEDULES? ❑ Have you submitted Certification of Compliance with Wage Payment Statutes Form? ❑ Have you reviewed the Prevailing Wage Requirements? ❑ Have you submitted Dept. of Labor and Industries Certificate of Registration Form? ❑ Have you submitted Proposal and Combined Affidavit & Certificate Form? ❑ Have you certified Receipt of Addenda, if any? ❑ Have you submitted Statement of Bidder Qualification Form? CITY OF RENTON CALL FOR BIDS Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 Sealed bids will be received until 2:00 p.m. Wednesday, June 2, 2021 at the lobby of Renton City Hall, 1055 South Grady Way, Renton WA 98057. No mailed, Fedex, or UPS delivered will be accepted. Sealed bids will be opened and publicly read via the Zoom video-conferencing web application at 3:00 p.m. Wednesday, June 2, 2021 (60 minutes after published bid submittal time). Any bids received after the published bid submittal time cannot be considered and will not be accepted. • Please include bidder’s name, address, and the name of the project on the envelope • The bid opening meeting can be accessed via videoconference by clicking this link to join the ZOOM meeting: https://us02web.zoom.us/j/82889746963?pwd=ZDNPcStmb0w1S3RQN3ZRTDBQMk9ldz09 • Using the Zoom app: Meeting ID: 828 8974 6963; Passcode: 039617. • Via telephone by dialing: 1-253-315-8782, 82889746963#, 039617#. • Zoom is free to use and is available at https://zoom.us/ This contract is comprised of work as described above and shall take place in the regulatory fish window for in-water work between July 1 and August 31 in 2021 and 2022. The work in each year shall include, but not be limited to: • Removing 1,100 cubic yards of accumulated sediment from the Maplewood Creek Sediment Basin • Remove 1,000 cubic yards of accumulated sediment from the Madsen Creek Sediment Basin • Constructing a flow bypass dam and diverting each creek into an existing bypass pipe. • Hauling and disposing of the sediment off-site, removing and adjusting rock berms, restoring flow to the sediment basins. • Removing the bypass dam, restoration, hydroseeding each basin. The estimated project cost is $294,000 to $392,000. The contractor will need to comply with the requirements of the Washington State Hydraulic Project Approval and Army Crops of Engineers Nationwide Permits. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Bid documents will be available May 18, 2021. Plans, specifications, addenda, and the plan holders list for this project are available on-line through Builders Exchange of Washington, Inc., at http://www.bxwa.com. Click on “bxwa.com”; “Posted Projects”, “Public Works”, “City of Renton”, “Project’s Bidding”. (Note: Bidders are encouraged to “Register as a Bidder,” in order to receive automatic email notification of future addenda and to be placed on the “Bidders List.”). Bid documents will also be available at http://rentonwa.gov/bids/ under “Call for Bids.” Should you required further assistance, contact Builder Exchange of Washington at (425) 258-1303. Bidders are not to contact the City of Renton or the Engineer to obtain bidding documents. Questions about the project shall be addressed to, Ken Srilofung, City of Renton, Public Works Dept., (206) 422-9720 or ksrilofung@rentonwa.gov. A certified check or bid bond in the amount of five percent (5%) of the total of each bid must accompany each bid. The City's Fair Practices, Non-Discrimination, and Americans with Disability Act Policies shall apply. Jason A. Seth, MMC, City Clerk Published: Daily Journal of Commerce May 18, 2021 Daily Journal of Commerce May 25, 2021 Proposal Bid Bond 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 project, to wit: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 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] ________________________________ ________________________________ ________________________________ [Telephone Number] Approved by the City Attorney on 6/03/13 Department of Labor and Industries Certificate of Registration Name on Registration: __________________________________________________ Registration Number: __________________________________________________ Expiration Date: __________________________________________________ Note: A copy of the certificate will be requested as part of contract execution when project is awarded. Proposal - Page 1 of 2 CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 Proposal & Combined Affidavit & Certificate Form TO THE CITY OF RENTON RENTON, WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the bidder has examined the site of the proposed work and have read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available, in accordance with the said plans, specifications, contract and schedule of prices. The undersigned further certifies and agrees to the following provisions: NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract. Proposal - Page 2 of 2 I have read the above and foregoing statements and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: PROPOSAL, NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Bidder's Firm Printed Name:______________________________ Signature:_____________________________________ Address: __________________________________________________________________________________ Contact Name (please print): _________________________________________________________________ Phone:____________________________________ Email: _______________________________________ OR Name of President of Corporation Name of Secretary of Corporation Corporation Organized under the laws of With Main Office in State of Washington at Subscribed and sworn to before me on this _______ day of _________________, 20____ Notary Public in and for the State of Washington Notary (Print)_________________________________ My appointment expires:________________________ Names of Members of Partnership: CITY OF RENTON SCHEDULE OF PRICES Maplewood Creek & Madsen Creek Sediment Basin Cleaning Project - 2021 SWP-27-2057 (Sales Tax Rule 170 Applies To This Project) SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR BID ITEMS. *Note: Show UNIT PRICE and TOTAL AMOUNT in FIGURES only. ITEM APPROX. UNIT PRICE* TOTAL AMOUNT* NO.QUANTITY Dollars Cents Dollars Cents A-1 Mobilization 1 _ _ _ _ _ _ LS Per LS A-2 1 _ _ _ _ _ _ LS Per LS A-3 1 _ _ _ _ _ _ LS Per LS A-4 1 _ _ _ _ _ _ LS Per LS A-5 Refill Basin, Remove Dam, Restore Bank 1 _ _ _ _ _ _ LS Per LS A-6 1 _ _ _ _ _ _ LS Per LS A-7 4,000 _ _ _ _ _ _ SF Per SF A-8 1 _ _ _ _ _ _ LS Per LS A-9 1 $3,500.00 $3,500.00 Est.Per Est. B-1 Mobilization 1 _ _ _ _ _ _ LS Per LS B-2 1 _ _ _ _ _ _ LS Per LS B-3 1 _ _ _ _ _ _ LS Per LS B-4 Remove, Haul, and Dispose of Sediment 1 _ _ _ _ _ _ LS Per LS B-5 Refill Basin, Remove Dam, Restore Bank 1 _ _ _ _ _ _ LS Per LS Year 1 - 2021 Maplewood Creek Sediment Basin Madsen Creek Sediment Basin Remove, Haul, and Dispose of Sediment Hydroseeding Minor Changes Remove and Adjust Existing Rock Berms COVID-19 Health and Safety Plan (CHSP) and Implementation ITEM WITH UNIT PRICED BID Construction Surveying, Staking, As-built Construct Bypass Dam, Divert Creek, Fish Rescue, and Drain Basin Construction Surveying, Staking, As-built Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Schedule of Prices Page 1 of 3 CITY OF RENTON SCHEDULE OF PRICES Maplewood Creek & Madsen Creek Sediment Basin Cleaning Project - 2021 SWP-27-2057 (Sales Tax Rule 170 Applies To This Project) SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR BID ITEMS. *Note: Show UNIT PRICE and TOTAL AMOUNT in FIGURES only. ITEM APPROX. UNIT PRICE* TOTAL AMOUNT* NO.QUANTITY Dollars Cents Dollars Cents ITEM WITH UNIT PRICED BID B-6 Hydroseeding 4,200 _ _ _ _ _ _ SF Per SF B-7 1 _ _ _ _ _ _ LS Per LS B-8 Minor Changes 1 $3,500.00 $3,500.00 Est.Per Est. C-1 Mobilization 1 _ _ _ _ _ _ LS Per LS C-2 1 _ _ _ _ _ _ LS Per LS C-3 1 _ _ _ _ _ _ LS Per LS C-4 1 _ _ _ _ _ _ LS Per LS C-5 1 _ _ _ _ _ _ LS Per LS C-6 1 _ _ _ _ _ _ LS Per LS C-7 4,000 _ _ _ _ _ _ SF Per SF C-8 1 _ _ _ _ _ _ LS Per LS C-9 1 $5,000.00 $5,000.00 Est.Per Est. Year 2 - 2022 Maplewood Creek Sediment Basin Hydroseeding COVID-19 Health and Safety Plan (CHSP) and Implementation Minor Changes Construction Surveying, Staking, As-built Construct Bypass Dam, Diversion, Fish Rescue, and Drain Basin Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Remove and Adjust Existing Rock Berms COVID-19 Health and Safety Plan (CHSP) and Implementation Schedule of Prices Page 2 of 3 CITY OF RENTON SCHEDULE OF PRICES Maplewood Creek & Madsen Creek Sediment Basin Cleaning Project - 2021 SWP-27-2057 (Sales Tax Rule 170 Applies To This Project) SEE SECTION 1-09.14 OF THE SPECIAL PROVISIONS FOR BID ITEMS. *Note: Show UNIT PRICE and TOTAL AMOUNT in FIGURES only. ITEM APPROX. UNIT PRICE* TOTAL AMOUNT* NO.QUANTITY Dollars Cents Dollars Cents ITEM WITH UNIT PRICED BID D-1 1 _ _ _ _ _ _ LS Per LS D-2 1 _ _ _ _ _ _ LS Per LS D-3 1 _ _ _ _ _ _ LS Per LS D-4 1 _ _ _ _ _ _ LS Per LS D-5 1 _ _ _ _ _ _ LS Per LS D-6 4,200 _ _ _ _ _ _ SF Per SF D-7 1 _ _ _ _ _ _ LS Per LS D-8 1 $5,000.00 $5,000.00 Est.Per Est. Subtotal = $ 10.1% Sales Tax = $ TOTAL = $ Remove, Haul, and Dispose of Sediment Refill Basin, Remove Dam, Restore Bank Hydroseeding COVID-19 Health and Safety Plan (CHSP) and Implementation Minor Changes Mobilization Construction Surveying, Staking, As-built Construct Bypass Dam, Divert Creek, Fish Rescue, and Drain Basin Madsen Creek Sediment Basin Schedule of Prices Page 3 of 3 CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA By signing below, Bidder acknowledges receipt and understanding of the following Addenda: ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA NO._______ DATE:________________________ NO._______ DATE:________________________ NO._______ DATE:________________________ NO._______ DATE:________________________ NO._______ DATE:________________________ SIGNED:_________________________________________________ TITLE:_________________________________________________ NAME OF COMPANY:_________________________________________________ ADDRESS:_________________________________________________ CITY/ STATE/ ZIP:_________________________________________________ TELEPHONE:_________________________________________________ Template updated 2-12-19 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 judgm ent 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. STATEMENT OF BIDDER QUALIFICATION To be considered a qualified bidder, in accordance with special provision section 1-02.1 and 1-02.14, bidders must demonstrate successful completion within five (5) years of bid opening of three (3) public works projects involving excavation, hauling and disposal of waste materials and with a construction cost greater than or equal to $150,000. Fill out the table below and submit with bid documents. Project Name/Brief Description Owner/Contracting Agency Year Completed Contract Amount References (Name, Title, Phone#) 14-CONTRACT SECTION-Maplewd\ CONTRACT SECTION INFORMATION ONLY Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 The contract documents in this section must be executed and submitted by the successful Bidder within ten (10) days following the Notice of Award. ❖Bond to the City of Renton ❖Fair Practices Policy Affidavit of Compliance ❖Contract Agreement (Contracts other than Federal-Aid FHWA) ❖Retainage Selection Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 Bond to the City of Renton SWP-27-2057 June 2021 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 Rento n 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 ___________, 2021. Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Contract No. 21-131 providing for construction of the Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021-SWP-27-2057; 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 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. Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 Bond to the City of Renton SWP-27-2057 June 2021 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: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2020 Pond Cleaning\1100 Design and Planning\1602 SPECS-2020\16-Affidavit-Fair Practices-FINAL 2011.doc CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE _______________________________________________________ hereby confirms and declares that: (Name of contractor/subcontractor/consultant) I. It is the policy of the above-named contractor/subcontractor/consultant, to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin; ancestry; sex; the presence of a physical, sensory, or mental disability; age over 40; sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran’s status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable, the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. Print Agent/Representative’s Name Print Agent/Representative’s Title Agent/Representative’s Signature Date Signed Instructions: This document MUST be completed by each contractor, subcontractor, consultant and/or supplier. Include or attach this document(s) with the contract. AGREEMENT CONTRACT NO. 21-131 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 2021 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations (“Standard Specifications”); the City’s Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, 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 in Section 1-04.2 of the Standard Specifications, 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 MAPLEWOOD CREEK AND MADSEN CREEK SEDIMENT BASIN CLEANING PROJECT 2021, SWP-27-2057, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Special Provisions. 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. 5. 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 attorney's and expert witness fees. 6. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 7. Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. [Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 [Enter Agreement Name] [Enter Date] Contract Template Updated 12/29/2017 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. 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] Surface Water Utility, Ken Srilofung, (206) 422-9720 [Enter Fax Number or Email Address] ksrilofung@rentonwa.gov Fax (425) 430-7241 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 an limited Liability Company, an authorized managing member or manager must sign followed by his/her title. CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021 SWP-27-2057 RETAINAGE SELECTION Per Standard Specifications Section 1-09.9(1) Retainage, and RCW 60.28, a sum of 5-percent of the monies earned by the Contractor will be retained from progress estimates. The retainage will be used as a trust fund for the protection and payment of (1) the State with respect to taxes, and (2) the claims of any person arising under the Contract. Retainage shall be placed in a fund held by the City (non-interest bearing), unless the Contractor selects a one of the options listed below and completes all arrangements needed for that option to the satisfaction of the City. Other retainage fund options: __ 1. Deposited by the City in an escrow account (interest bearing) in a bank, mutual savings bank, or savings and loan association. Deposits will be in the name of the City and are not allowed to be withdrawn without the City’s written authorization, or __ 2. The City, at its’ option, may accept a bond from the Contractor in lieu of retainage. If the Contractor selects option 1 or 2 it is fully responsible for selecting the bank or association to be used, and for making all arrangements and paying all costs associated with that option. All arrangements and forms needed for option 1 or 2 shall be submitted to the City for review and approval. Release of the Retainage will be made 60 days following the Completion Date provided the conditions in Special Provisions Section 1-09.9(1), and applicable State Regulations, are met. SIGNED:_________________________________________________ PRINT NAME:_________________________________________________ COMPANY:_________________________________________________ DATE:_________________________________________________ 19a-Insurance Reqmts-Revised 6-17\ Insurance Requirements See City of Renton Insurance Guidelines, sample Acord Certificate, and sample Endorsement form following this page. Also see Special Provisions Section 1-07.18 The ACCORD Certificate holder should be address to: City of Renton ATTN: Ken Srilofung, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Insurance Guidelines for the City of Renton The City of Renton typically requires current insurance certificates for one or more of the following lines of coverage and minimum insurance limits: • $1,000,000 per occurrence and $2,000,000 aggregate for Commercial General Liability (CGL) or Special Event coverage. Limits may be increased for higher than usual or special liability exposures. • $1,000,000 combined single limit for Auto Liability. Required if a commercial vehicle will be used in performance of work or delivery of products, beyond normal commutes. • Proof of Workers’ Compensation coverage, as required by the State of Washington (provide the Washington L&I or excess coverage policy number). • Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto liability coverage limits. • $1,000,000 Professional Liability. Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the city and if those professional services are excluded from the CGL policy. • $1,000,000 Pollution Liability – Required if work involves a pollution risk to the environment. • Builders Risk – May be required up to the amount of the completed value of a new building or major construction project. • $1,000,000 per occurrence Aircraft Liability (Single Limit Bodily Injury and Property Damage Liability). Required coverage only for aircraft tie-down leases. Requirements unique to the City of Renton: • Name the City of Renton as a certificate holder and a Primary and Non-Contributory Additional Insured on the policy (applies to Commercial General, Auto Liability, Excess/ Umbrella, Special Event, and Aircraft Liability policies; does not apply to Professional Liability and Workers’ Compensation). • The City shall be provided with written notice of any policy cancellation within a minimum of two business days of receipt of such notice by the policy holder. • The city does not represent that the minimum required insurance coverage or limits are adequate to protect the vendor/contractor/consultant from all liabilities. • Insurance certificate requirements and minimum limits can only be waived or modified with Risk Manager approval. • The certificate holder should read: City of Renton ATTN: {enter your City contact’s name here and Department} 1055 South Grady Way Renton, WA. 98057 Direct any questions, comments, or concerns to: Kelsey R. Ternes, Risk Manager 425-430-7669 kternes@rentonwa.gov Revised 12/14/20 AmRLCERTIFICATEOFLIABILITYINSURANCETHISCERTIFICATEISISSUEDASAMATTEROFINFORMATIONONLYANDCONFERSNORIGHTSUPONTHECERTIFICATEHOLDER.THISCERTIFICATEDOESNOTAFFIRMATIVELYORNEGATIVELYAMEND,EXTENDORALTERTHECOVERAGEAFFORDEDBYTHEPOLICIESBELOW.THISCERTIFICATEOFINSURANCEDOESNOTCONSTITUTEACONTRACTBETWEENTHEISSUINGINSURER(S),AUTHORIZEDREPRESENTATIVEORPRODUCER,ANDTHECERTIFICATEHOLDER.IMPORTANT:IfthecertificateholderisanADDITIONALINSURED,thepolicy(ies)mustbeendorsed.IfSUBROGATIONISWAIVED,subjecttothetermsandconditionsofthepolicy,certainpoliciesmayrequireanendorsement.Astatementonthiscertificatedoesnotconferrightstothecertificateholderinlieuofsuchendorsement(s).PRODUCERCONTACTPHONEFAXtAlC,No,Eat):(AIC,No):E-MAILADDRESS:PRODUCERCUSTOMERID#:INSURER(S)AFFORDINGCOVERAGENAIC#INSUREDINSURERA:INSURERB:INSURERC:INSURERD:INSURERE:INSURERF:COVERAGESCERTIFICATENUMBER:REVISIONNUMBER:THISISTOCERTIFYTHATTHEPOLICIESOFINSURANCELISTEDBELOWHAVEBEENISSUEDTOTHEINSUREDNAMEDABOVEFORTHEPOLICYPERIODINDICATED.NOTWiTHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWiTHRESPECTTOWHICHTHISCERTIFICATEMAYBEISSUEDORMAYPERTAIN,THEINSURANCEAFFORDEDBYTHEPOLICIESDESCRIBEDHEREINISSUBJECTTOALLTHETERMS,EXCLUSIONSANDCONDITIONSOFSUCHPOLICIES.LIMITSSHOWNMAYHAVEBEENREDUCEDBYPAIDCLAIMS.MDDLSUBRPOLICYEFI’poLIcyED’LTRTYPEOFINSURANCEiwvpPOLICYNUMBER{MM/DDIYYYY)(MM!DDIYYYY)LIMITSGENERALLIABILITYEACHOCCURRENCE$1.00i1QQ.QDAMAGETORENTEDCOMMERCIALGENERALLIABILITYCLAIMS-MADEOCCURr—r’”PREMISESlEaoccurrence)$MEDEXP(Anyoneperson)$5000GENERALAGGREGATE$2,000,000PERSONAL&ADVINJURY$1,000,000GENLAGGREGATELIMITAPPLIESPER:PRODUCTS-COMP/OPAGG$1000,000POLICYflr—iLOC—$AUTOMOBILELIABILITYCOMBINEDSINGLELIMIT$1,000,000(Eaaccident)><ANYAUTOBODILYINJURY(Perperson)$ALLOWNEDAUTOS—BODILYINJURY(Peraccident)$SCHEDULEDAUTOSPROPERTYDAMAGE$HIREDAUTOS(Peraccident)NON-OWNEDAUTOS$$UMBRELLALIARLiOCCUR——EACHOCCURRENCE$EXCESSLIABCLAIMS-MADEFJ”’AGGREGATE$DEDUCTIBLE$HRETENTION$—$WORKERSCOMPENSATIONIWCSTATU-0TH-ITORYLIMITSIERANDEMPLOYERS’LIABILITYY!NANYPROPRIETORIPARTNER/EXECUTIVE[‘EL.EACHACCIDENT$OFFICER!MEMBEREXCLUDED?LIN!A(MandatoryinNH)EL.DISEASE-EAEMPLOYCI$Ifyes,describeunderEL,DISEASE-POLICYLIMIT$SPFflIAIPROVISIONSheIrwDESCRIPTIONOFOPERATIONSILOCATIONS!VEHICLES(AttachACORD101,AdditIonalRemarksSchedule,IfmorespaceIsrequired)TheCityDfRentonisPrimaryandNOn-contributoryAdditionalInsured.CERTIFICATEHOLDERCANCELLATIONCityofRentonSHOULDANYOFTHEABOVEDESCRIBEDPOLICIESBECANCELLEDBEFORETHEEXPIRATIONDATETHEREOF,NOTICEWILLBEDELIVEREDINACCORDANCEWITHTHEPOLICYPROVISIONS.Attn:1055SouthGradyWayAUTHORIZEDREPRESENTATIVERenton,WA.98057DATE(MMIDDIYYYY)©1988-2009ACORDCORPORATION.Allrightsreserved.TheACORDnameandlogoareregisteredmarksofACORDACORD25(2009109) POLICY NUMBER:COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your ongoing operations performed for that insured. CG 20 10 03 97 Owners, Lessees, or Contractors SAMPLE No Completed Operations WCIA Insurance Requirements PREVAILING MINIMUM HOURLY WAGE RATES Washington State Prevailing Wage Rate Reference City of Renton Certification of Payment of Prevailing Wages Form 24a-State Prevailing Wages Reference\ WASHINGTON STATE PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS REFERENCE The State of Washington Prevailing Wage Rates applicable for this public works contract, which is located in _King_ County, may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx . Check with the Department of Labor and Industries for any questions regarding Prevailing Wage Rates, and for a copy of all trade classifications. Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is _June 2021. A copy of the applicable prevailing wages rates is also available for viewing at the office of the Owner, located at _Renton City Hall, 1055 South Grady Way, Renton, Washington. Upon request, the Owner will mail a hard copy of the applicable prevailing wage rates for this project. The Statee of Washinton “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid-Public Works Contract” may be filed online with the Department of Labor and Industries. 21b-City-Cert-PrevailingWages\ CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: ______________ Ref: Pay Estimate No. Final Project _ Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2021, SWP-27-2057 __ CAG No. _______________ This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period from _________________________________ through __________________________, in accordance with the Statements of Intent to Pay Prevailing Wage filed with the Washingto n State Department of Labor & Industries. This form will be executed and submitted to the City of Renton prior to or with the last pay request. Company Name By: Title: List of Subcontractors Used on the Project: CITY OF RENTON SPECIAL PROVISIONS 1 Table of Contents SPECIAL PROVISIONS ............................................................................................................ 12 1-01 DEFINITIONS AND TERMS ............................................................................................ 12 1-01.1 General .......................................................................................................................... 12 1-01.3 Definitions ..................................................................................................................... 12 1-02 BID PROCEDURES AND CONDITIONS ............................................................................ 15 1-02.1 Prequalification of Bidders ........................................................................................... 15 1-02.2 Plans and Specifications ............................................................................................... 15 1-02.4(2) Subsurface Information ............................................................................................ 15 1-02.5 Proposal Forms ............................................................................................................. 15 1-02.6 Preparation of Proposal ................................................................................................ 16 1-02.6(1) Proprietary Information ........................................................................................... 16 1-02.7 Bid Deposit .................................................................................................................... 16 1-02.9 Delivery of Proposal ...................................................................................................... 17 1-02.12 Public Opening of Proposals ....................................................................................... 17 1-02.14 Disqualification of Bidders .......................................................................................... 17 1-02.15 Pre Award Information ............................................................................................... 18 1-03 AWARD AND EXECUTION OF CONTRACT ...................................................................... 18 1-03.1 Consideration of bids .................................................................................................... 18 1-03.2 Award of Contract ........................................................................................................ 18 1-03.3 Execution of Contract ................................................................................................... 18 1-03.4 Contract Bond ............................................................................................................... 19 1-03.7 Judicial Review .............................................................................................................. 19 1-04 SCOPE OF WORK ......................................................................................................... 20 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda .................................................................................................................................... 20 1-04.8 Progress Estimates and Payments ................................................................................ 20 1-04.11 Final Cleanup .............................................................................................................. 20 1-04.12 Contractor-Discovered Discrepancies ......................................................................... 20 1-05 CONTROL OF WORK .................................................................................................... 21 1-05.4 Conformity With and Deviation from Plans and Stakes ............................................... 21 1-05.4(1) Contractor Supplied Surveying ................................................................................. 21 2 1-05.4(2) Contractor Provided As-Built Information ................................................................ 22 1-05.7 Removal of Defective and/or Unauthorized Work ........................................................ 22 1-05.10 Guarantees ................................................................................................................. 23 1-05.11 Final Inspection ........................................................................................................... 24 1-05.11(1) Substantial Completion Date.................................................................................. 24 1-05.11(2) Final Inspection and Physical Completion Date ..................................................... 24 1-05.11(3) Operational Testing ................................................................................................ 25 1-05.12 Final Acceptance ......................................................................................................... 25 1-05.13 Superintendents, Labor and Equipment of Contractor ............................................... 25 1-05.14 Cooperation with Other Contractors .......................................................................... 25 1-05.16 Water and Power ........................................................................................................ 26 1-05.17 Oral Agreements ......................................................................................................... 26 1-05.18 Contractor's Daily Diary .............................................................................................. 26 1-06 CONTROL OF MATERIAL .............................................................................................. 27 1-06.1 Approval of Materials Prior to Use ............................................................................... 27 1-06.2(1) Samples and Tests for Acceptance........................................................................... 27 1-06.2(2) Statistical Evaluation of Materials for Acceptance .................................................. 27 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ............................................ 28 1-07.1 Laws to be Observed ..................................................................................................... 28 1-07.4 Sanitation .................................................................................................................. 28 1-07.4(2) Health Hazards .......................................................................................................... 28 1-07.6 Permits and Licenses ..................................................................................................... 30 1-07.9 Wages ........................................................................................................................... 30 1-07.9(5) Required Documents ................................................................................................ 30 1-07.11 Requirements for Non-Discrimination ........................................................................ 30 1-07.11(11) City of Renton Affidavit of Compliance ................................................................ 30 1-07.12 Federal Agency Inspection .......................................................................................... 30 1-07.13 Contractor’s Responsibility for Work .......................................................................... 31 1-07.13(1) General ................................................................................................................... 31 1-07.15 Temporary Water Pollution Prevention ...................................................................... 31 1-07.16 Protection and Restoration of Property ...................................................................... 33 1-07.16(1) Private/Public Property .......................................................................................... 33 1-07.17 Utilities and Similar Facilities ...................................................................................... 34 3 1-07.17(3) Site Specific Potholing ............................................................................................ 35 1-07.17(4) Interruption of Services .......................................................................................... 36 1-07.17(5) Resolution of Utility Conflicts ................................................................................. 36 1-07.18 Public Liability and Property Damage Insurance ........................................................ 36 1-07.18(1) General ................................................................................................................... 36 1-07.18(2) Coverages ............................................................................................................... 37 1-07.18(3) Limits ...................................................................................................................... 38 1-07.18(4) Evidence of Insurance: ............................................................................................ 39 1-07.22 Use of Explosives ........................................................................................................ 39 1-07.23 Public Convenience and Safety ................................................................................... 40 1-07.23(1) Construction Under Traffic ..................................................................................... 40 1-07.23(2) Construction and Maintenance of Detours .......................................................... 41 1-07.24 Rights-of-Way ............................................................................................................. 41 1-07.28 Confined Space Entry .................................................................................................. 42 1-08 PROSECUTION AND PROGRESS .................................................................................... 42 1-08.0 Preliminary Matters ...................................................................................................... 42 1-08.0(1) Preconstruction Conference .................................................................................... 43 1-08.0(2) Hours of Work .......................................................................................................... 44 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees ................. 44 1-08.1 Subcontracting .............................................................................................................. 44 1-08.2 Assignment ................................................................................................................... 45 1-08.3 Progress Schedule ......................................................................................................... 45 1-08.4 Prosecution of the Work ............................................................................................... 46 1-08.5 Time For Completion..................................................................................................... 47 1-08.6 Suspension of Work ...................................................................................................... 48 1-08.7 Maintenance During Suspension .................................................................................. 48 1-08.9 Liquidated Damages ..................................................................................................... 49 1-08.11 Contractor's Plant and Equipment .............................................................................. 49 1-08.12 Attention to Work ....................................................................................................... 49 1-09 MEASUREMENT AND PAYMENT ................................................................................... 49 1-09.1 Measurement of Quantities.......................................................................................... 49 1-09.3 Scope of Payment ......................................................................................................... 50 1-09.6 Force Account ............................................................................................................... 51 4 1-09.7 Mobilization .................................................................................................................. 51 1-09.9 Payments ...................................................................................................................... 51 1-09.9(1) Retainage ................................................................................................................. 52 1-09.9(2) Contracting Agency’s Right to Withhold and Disburse Certain Amounts ................ 53 1-09.9(3) Final Payment ........................................................................................................... 54 1-09.11 Disputes and Claims.................................................................................................... 54 1-09.11(2) Claims ..................................................................................................................... 55 1-09.11(3) Time Limitations and Jurisdiction ........................................................................... 55 1-09.13 Claims and Resolutions ............................................................................................... 55 1-09.13(3) Claims $250,000 or Less ......................................................................................... 55 1-09.13(3)A Administration of Arbitration .............................................................................. 55 1-09.13(3)B Procedures to Pursue Arbitration ......................................................................... 55 1-09.14 Payment Schedule ...................................................................................................... 56 1-10 TEMPORARY TRAFFIC CONTROL .................................................................................. 57 1-10.1 General ......................................................................................................................... 57 1-10.2(1)B Traffic Control Supervisor ....................................................................................... 58 1-10.2(2) Traffic Control Plans ................................................................................................. 58 1-10.3 Traffic Control Labor, Procedure, and Devices ................................................................ 58 1-10.3(3) Traffic Control Devices .............................................................................................. 58 1-10.3(3)A Construction Signs ................................................................................................. 58 1-10.4 Measurement ............................................................................................................... 58 1-10.5 Payment ........................................................................................................................ 59 1-11 RENTON SURVEYING STANDARDS ................................................................................ 59 1-11.1(1) Responsibility for Surveys ......................................................................................... 59 1-11.1(2) Survey Datum and Precision .................................................................................... 59 1-11.1(3) Subdivision Information ........................................................................................... 59 1-11.1(4) Field Notes ................................................................................................................ 60 1-11.1(5) Corners and Monuments .......................................................................................... 60 1-11.1(6) Control or Base Line Survey ...................................................................................... 60 1-11.1(7) Precision Levels ........................................................................................................ 61 1-11.1(8) Radial and Station -- Offset Topography .................................................................. 61 1-11.1(9) Radial Topography ................................................................................................... 61 1-11.1(10) Station--Offset Topography .................................................................................... 61 5 1-11.1(11) As-Built Survey ....................................................................................................... 61 1-11.1(12) Monument Setting and Referencing ...................................................................... 62 1-11.2 Materials ...................................................................................................................... 62 1-11.2(1) Property/Lot Corners ................................................................................................ 62 1-11.2(2) Monuments .............................................................................................................. 62 1-11.2(3) Monument Case and Cover ...................................................................................... 62 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP ........................................................ 62 2-01.1 Description .................................................................................................................... 62 2-01.2 Disposal of Usable Material and Debris ....................................................................... 63 2-01.5 Payment ........................................................................................................................ 63 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS ........................................................... 63 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters ............................................. 63 2-02.4 Measurement ............................................................................................................... 63 2-02.5 Payment ........................................................................................................................ 63 2-03 ROADWAY EXCAVATION AND EMBANKMENT ............................................................... 64 2-03.3 Construction Requirements .......................................................................................... 64 2-03.4 Measurement ............................................................................................................... 65 2-03.5 Payment ........................................................................................................................ 65 2-04 HAUL .......................................................................................................................... 65 2-04.5 Payment ........................................................................................................................ 65 2-06 SUBGRADE PREPARATION ........................................................................................... 65 2-06.5 Measurement and Payment ........................................................................................ 65 2-09 STRUCTURE EXCAVATION ............................................................................................ 66 2-09.1 Description .................................................................................................................... 66 2-09.3(1)D Disposal of Excavated Material ............................................................................. 66 2-09.4 Measurement ............................................................................................................... 66 2-09.5 Payment ........................................................................................................................ 66 5-04 HOT MIX ASPHALT (March 5, 2018 APWA GSP) ............................................................ 67 5-06 TEMPORARY RESTORATION IN PAVEMENT AREA .......................................................... 96 5-06.1 Description .................................................................................................................... 96 5-06.2 Materials ...................................................................................................................... 96 5-06.3 Construction Requirements .......................................................................................... 96 7-01 DRAINS ....................................................................................................................... 97 6 7-01.2 Materials ...................................................................................................................... 97 7-01.3 Construction Requirements .......................................................................................... 97 7-01.4 Measurement ............................................................................................................... 97 7-02 CULVERTS ................................................................................................................... 97 7-02.2 Materials ...................................................................................................................... 97 7-04 STORM SEWERS .......................................................................................................... 98 7-04.2 Materials ...................................................................................................................... 98 7-04.3 Construction Requirements ........................................................................................... 98 7-04.3(1) Cleaning and Testing ................................................................................................. 98 7-04.3(1)G Abandon Existing Storm Sewer Pipes .................................................................... 99 7-04.3(2) CCTV Inspection......................................................................................................... 99 7-04.3(3) Direct Pipe Connections ............................................................................................ 99 7-05 MANHOLES, INLETS, AND CATCH BASINS ................................................................... 100 7-05.3 Construction Requirements ........................................................................................ 100 7-05.3(1) Adjusting Manholes and Catch Basins to Grade .................................................... 100 7-05.3(3) Connections to Existing Manholes ......................................................................... 101 7-05.3(5) Manhole Coatings .................................................................................................. 101 7-06 TRENCH DRAINS (NEW SECTION)................................................................................. 102 7-06.1 Description ................................................................................................................... 102 7-06.2 Materials ...................................................................................................................... 102 7-06.3 Construction Requirements .......................................................................................... 102 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS ........................................................... 103 7-08.3 Construction Requirements ........................................................................................ 103 7-08.3(1)A Trenches ............................................................................................................... 103 7-08.3(1)C Bedding the Pipe .................................................................................................. 103 7-08.3(1)D Pipe Foundation ................................................................................................... 103 7-08.3(2)A Survey Line and Grade ......................................................................................... 104 7-08.3(2)B Pipe Laying – General .......................................................................................... 104 7-08.3(2)E Rubber Gasketed Joints ........................................................................................ 104 7-08.3(2)H Sewer Line Connections ....................................................................................... 105 7-08.3(2)J Placing PVC Pipe ................................................................................................... 105 7-08.3(3)A Backfilling Pipe Trenches...................................................................................... 105 7-08.3(5) Temporary Stormwater Diversion ............................................................................ 106 7 7-08.4 Measurement ............................................................................................................. 106 7-09 PIPE AND FITTINGS FOR WATER MAINS ..................................................................... 107 7-09.3(15)A Ductile Iron Pipe ................................................................................................. 107 7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over) ............................................. 107 7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene Encasement .................. 107 7-09.3(19)A Connections to Existing Mains ........................................................................... 107 7-09.3(21) Concrete Thrust Blocking and Dead-Man Block ................................................... 109 7-09.3(24)A Flushing and "Poly-pigging" ............................................................................... 111 7-09.3(24)D Dry Calcium Hypochlorite .................................................................................. 112 7-09.3(24)K Retention Period ................................................................................................. 112 7-09.3(24)N Final Flushing and Testing.................................................................................. 112 7-09.3(25) Joint Restraint Systems ......................................................................................... 112 7-09.4 Measurement ............................................................................................................. 114 7-09.5 Payment ...................................................................................................................... 114 7-12 VALVES FOR WATER MAINS ....................................................................................... 114 7-12.3(1) Installation of Valve Marker Post ........................................................................... 115 7-12.3(2) Adjust Existing Valve Box to Grade......................................................................... 115 7-12.4 Measurement ............................................................................................................. 115 7-12.5 Payment ...................................................................................................................... 115 7-14 HYDRANTS ................................................................................................................ 116 7-14.3(1) Setting Hydrants ..................................................................................................... 116 7-14.3(3) Resetting Existing Hydrants ..................................................................................... 116 7-14.3(4) Moving Existing Hydrants ........................................................................................ 116 7-14.3(7) Remove and Salvage Hydrant .................................................................................. 117 7-14.5 Payment ...................................................................................................................... 117 7-15 SERVICE CONNECTIONS ............................................................................................. 117 7-15.3 Construction Details.................................................................................................... 117 7-15.5 Payment ...................................................................................................................... 118 7-17 SANITARY SEWERS .................................................................................................... 118 7-17.2 Materials .................................................................................................................... 118 7-17.3 Construction Requirements ........................................................................................ 118 7-17.3(2)H Television Inspection ............................................................................................ 119 7-17.3(2)I Abandon Existing Sanitary Sewer Pipes ................................................................ 119 8 7-17.5 Payment ..................................................................................................................... 120 7-18 SIDE SEWERS ............................................................................................................ 120 7-18.3(2) Fittings ................................................................................................................... 120 7-18.3(3) Testing .................................................................................................................... 120 7-18.3(5) End Pipe Marker .................................................................................................... 120 7-19 SEWER CLEANOUTS................................................................................................... 120 7-19.3 Construction Requirements ....................................................................................... 120 7-19.4 Measurement ............................................................................................................. 120 7-20 CURED IN PLACE PIPE (CIPP) .................................................................................... 121 7-20.1 Description ............................................................................................................ 121 7-20.1(1) Licensing ................................................................................................ 121 7-20.1(2) Contractor and Manufacturer Qualifications ............................................. 121 7-20.1(3) Contractor Submittals ............................................................................. 122 7-20.1 (4) Warranty ............................................................................................... 123 7-20.2 Materials .................................................................................................................... 124 7-20.2(1) CIPP....................................................................................................... 124 7-20.2(2) Felt Cured-in-Place Resin Impregnated Material ........................................ 124 7-20.2(3) Fiberglass Cured-in-Place Resin Impregnated Material ............................... 125 7-20.2(4) Resin & Cured CIPP Properties ................................................................. 125 7-20.2(8) Chemical Resistance ................................................................................ 127 7-20.3 Construction Requirements ....................................................................................... 129 7-20.3(2) Flow Management .................................................................................. 129 7-20.3(4) Host Pipe Cleaning, Preparation, and Inspection........................................ 130 7-20.3(5) Point Repairs .......................................................................................... 131 7-20.3(7) Protection of Existing Manholes ............................................................... 131 7-20.3(8) Spill Prevention and Control .................................................................... 131 7-20.4 Installation ................................................................................................................. 132 7-20.4(1) Felt Liner CIPP Tube Installation ............................................................... 132 7-20.4(2) Fiberglass Liner CIPP Tube Installation ...................................................... 133 7-20.5 Testing ........................................................................................................................ 134 7-20.5(1) Post Installation CCTV Inspections ............................................................ 134 7-20.5(2) Material Testing ...................................................................................... 134 7-20.5(3) Cleanup ................................................................................................. 135 7-20.6 Measurement ............................................................................................................. 135 7-20.7 Payment ..................................................................................................................... 135 8-02 ROADSIDE RESTORATION .......................................................................................... 135 8-02.3(4)A Topsoil Type A ..................................................................................................... 135 8-02.3(16)A Lawn Installation .............................................................................................. 136 8-02.3(16)A1 Submittals ........................................................................................................ 136 9 8-02.3(16)A1a Certification of Material ................................................................................ 136 8-02.3(16)A1b Manufacturer’s Certificates of Conformance .............................................. 136 8-02.3(16)A1c Schedule for Installation ............................................................................... 136 8-02.3(16)A2 Product Handling ............................................................................................. 136 8-02.3(16)A3 Site Information ............................................................................................... 136 8-02.3(16)A4 Sod .................................................................................................................... 136 8-02.3(16)A4a Other Materials ............................................................................................. 137 8-02.3(16)A5 Execution .......................................................................................................... 137 8-02.3(16)A5a Installation Preparation ................................................................................ 137 8-02.3(16)A5b Sod Installation .............................................................................................. 137 8-02.3(16)B Lawn Establishment .......................................................................................... 137 8-02.3(16)B Lawn Establishment and Final Acceptance ....................................................... 137 8-02.3(16)B1 Establishment Period ...................................................................................... 138 8-02.3(16)B2 Guarantee ....................................................................................................... 138 8-02.3(16)B3 Final Acceptance ............................................................................................. 138 8-09 RAISED PAVEMENT MARKERS .................................................................................... 138 8-09.5 Payment ..................................................................................................................... 138 8-13 MONUMENT CASES .................................................................................................. 139 8-13.1 Description ................................................................................................................. 139 8-13.3 Construction Requirements ....................................................................................... 139 8-13.4 Measurement ............................................................................................................. 139 8-13.5 Payment ..................................................................................................................... 139 8-14 CEMENT CONCRETE SIDEWALKS ................................................................................ 139 8-14.3(4) Curing ..................................................................................................................... 139 8-14.4 Measurement ............................................................................................................. 140 8-14.5 Payment ..................................................................................................................... 140 8-17 IMPACT ATTENUATOR SYSTEMS ................................................................................. 140 8-17.5 Payment ..................................................................................................................... 140 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, AND ELECTRICAL ...................................... 140 8-20.2(1) Equipment List and Drawings ............................................................................... 140 8-22 PAVEMENT MARKING ............................................................................................... 141 8-22.1 Description ................................................................................................................. 141 8-22.3(5) Installation Instructions ........................................................................................ 141 10 8-22.5 Payment ..................................................................................................................... 142 8-23 TEMPORARY PAVEMENT MARKINGS ......................................................................... 142 8-23.5 Payment ..................................................................................................................... 142 9-03.8(7) HMA Tolerances and Adjustments ....................................................................... 142 9-03.22 Cement-based Grout for Abandoning Existing Utilities (Additional Section) ........... 143 9-05 DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS ................................................. 143 9-05.4 Steel Culvert Pipe and Pipe Arch (RC) ......................................................................... 143 9-05.7(2) Reinforced Concrete Storm Sewer Pipe (RC) ........................................................... 143 9-05.7(2)A Basis for Acceptance (RC) ..................................................................................... 143 9-05.7(3) Concrete Storm Sewer Pipe Joints (RC) ................................................................... 143 9-05.7(4) Testing Concrete Storm Sewer Pipe Joints (RC) ...................................................... 143 9-05.9 Steel Spiral Rib Storm Sewer Pipe (RC) ....................................................................... 143 9-05.12 Polyvinyl Chloride (PVC) Pipe .................................................................................... 144 9-05.14 ABS Composite Sewer Pipe ....................................................................................... 144 9-05.17 Aluminum Spiral Rib Storm Sewer Pipe .................................................................... 145 9-05.24 Polypropylene Culvert Pipe, Polypropylene Storm Sewer Pipe, and Polypropylene Sanitary Sewer Pipe ................................................................................................................. 145 9-08 PAINTS AND RELATED MATERIALS ............................................................................. 146 9-08.8 Manhole Coating System Products ............................................................................. 146 9-08.8(1) Coating Systems Specification ................................................................................ 146 9-14 EROSION CONTROL AND ROADSIDE PLANTING .......................................................... 147 9-14.1(1) Topsoil Type A ......................................................................................................... 147 9-14.5(10) Hydroseed Bid Item (New Section) ................................................................. 147 9-14.6(8) Sod .......................................................................................................................... 149 9-23 CONCRETE CURING MATERIALS AND ADMIXTURES .................................................... 149 9-23.9 Fly Ash (RC) ................................................................................................................. 149 9-30 WATER DISTRIBUTION MATERIALS ............................................................................. 149 9-30.1 Pipe ........................................................................................................................... 149 9-30.1(1) Ductile Iron Pipe ....................................................................................................... 149 9-30.1(2) Polyethylene Encasement ....................................................................................... 150 9-30.2 Fittings ........................................................................................................................ 150 9-30.2(1) Ductile Iron Pipe ..................................................................................................... 150 9-30.2(2) Galvanized Iron Pipe ............................................................................................... 151 11 9-30.2(3) Steel Casing Pipe .................................................................................................... 151 9-30.2(4) Spacers and Seals for Steel Casing Pipe ................................................................. 151 9-30.2(6) Restrained Joint Pipe and Fittings .......................................................................... 151 9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe ................................................... 152 9-30.3 Valves ........................................................................................................................ 152 9-30.3(1) Gate Valves (3 inches to 16 inches) ........................................................................ 152 9-30.3(3) Butterfly Valves ...................................................................................................... 153 9-30.3(4) Valve Boxes.............................................................................................................. 153 9-30.3(5) Valve Marker Posts ................................................................................................. 153 9-30.3(6) Valve Stem Extensions ............................................................................................ 153 9-30.3(7) Combination Air Release/Air Vacuum Valves ......................................................... 153 9-30.3(8) Tapping Sleeve and Valve Assembly ....................................................................... 154 9-30.3(9) Blow-Off Assembly ................................................................................................. 154 9-30.5 Hydrants ...................................................................................................................... 154 9-30.5(1) End Connections ..................................................................................................... 154 9-30.5(2) Hydrant Dimensions ............................................................................................... 154 9-30.6 Water Service Connections (2 Inches and Smaller) ................................................. 154 9-30.6(3) Service Pipes ............................................................................................................. 155 9-30.6(3)B Polyethylene Pipe .................................................................................................. 155 9-30.6(4) Service Fittings ...................................................................................................... 155 9-30.6(5) Meter Setters ......................................................................................................... 155 9-30.6(7) Meter Boxes ........................................................................................................... 155 SECTION 10 ....................................................................................................................... 155 05/06/2021 12 SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2021 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”) The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. Also incorporated into the Contract Documents by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition • City of Renton Standard Plans, City of Renton Public Works Department, Current Edition • Public Rights-Of-Way Accessibility Guidelines (PROWAG), current edition Contractor shall obtain copies of these publications, at Contractor’s own expense. 1-01 DEFINITIONS AND TERMS 1-01.1 General Section 1-01.1 is supplemented with the following: (******) Whenever reference is made to the State, State of Washington, Commission, Department of Transportation, Secretary of Transportation, Owner, Contracting Agency or Engineer, such reference shall be deemed to mean the City of Renton acting through its City Council, employees, and duly authorized representatives for all contracts administered by the City of Renton. All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”. 1-01.3 Definitions Section 1-01.3 is revised and supplemented with the following: (******) Act of God "Act of God" means an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the Work, which might reasonably have been anticipated from historical records of the general locality of the Work, shall not be construed as an act of God. Consulting Engineer The Contracting Agency's design consultant, who may or may not administer the construction program for the Contracting Agency. Contract Documents See definition for “Contract”. 05/06/2021 13 Contract Price Either the unit price, the unit prices, or lump sum price or prices named in the proposal, or in properly executed change orders. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Dates Bid Opening Date: The date on which the Contracting Agency publicly opens and reads the bids. Award Date: The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date: The date the Contracting Agency officially binds the agency to the Contract. Notice to Proceed Date: The date stated in the Notice to Proceed on which the Contract Time begins. Substantial Completion Date: The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental Work, replacement of temporary substitute facilities, or correction or repair remains for the physical completion of the total contract. Contract Completion Date: The date by which the Work is contractually required to be physically completed. The Contract Completion Date will be stated in the Notice to Proceed. Revisions of this date will be authorized in writing by the Engineer whenever there is an extension to the Contract time. Completion Date: The day all the Work specified in the Contract is completed and all the obligations of the Contractor under the Contract are fulfilled by the Contractor. Final Acceptance Date: The date the Contracting Agency accepts the Work as complete per the Contract requirements. Day Unless otherwise designated, day(s) as used in the Contract Documents, shall be understood to mean working days. Engineer The City Engineer or duly authorized representative, or an authorized member of a licensed consulting firm retained by the Contracting Agency for the construction engineering of a specific public works project. Inspector The Contracting Agency ’s authorized representative assigned to make necessary observations of the Work performed or being performed, or of materials furnished or being furnished by the Contractor. Notice of Award: The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency’s acceptance of the bid. Notice to Proceed: The written notice from the Contracting Agency or the Engineer to the Contractor authorizing and directing the Contractor to proceed with Work and establishing the date on which the Contract time begins. 05/06/2021 14 Or Equal Where the term "or equal" is used herein, the Contracting Agency, or the Contracting Agency on recommendation of the Engineer, shall be the sole judge of the quality and suitability of the proposed substitution. The responsibility and cost of furnishing necessary evidence, demonstrations, or other information required to obtain the approval of alternative materials or processes by the Contracting Agency shall be entirely borne by the Contractor. Owner The City of Renton or its authorized representative also referred to as Contracting Agency. Performance and Payment Bond Same as “Contract Bond” defined in the Standard Specifications. Plans The Contract Plans and/or Standard Plans which show location, character, and dimensions of prescribed Work including layouts, profiles, cross-sections, and other details. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets, and are a part of the Contract Documents, regardless of the method of binding. The terms "Standard Drawings" or "Standard Plans" generally used in Specifications refers to drawings bound either with the specification documents or included with the Plans or the City of Renton Standard Plans. Points Wherever reference is made to the Engineer’s points, this shall mean all marks, bench marks, reference points, stakes, hubs, tack, etc., established by the Engineer for maintaining horizontal and vertical control of the Work. Provide Means “furnish and install” as specified and shown in the Plans. Secretary, Secretary of Transportation The chief executive officer of the Department and other authorized representatives. The chief executive officer to the Department shall also refer to the Department of Public Works Administrator. Shop Drawings Same as “Working Drawings” defined in the Standard Specifications. Special Provisions Modifications to the Standard Specifications and their amendments that apply to an individual project. The special provisions may describe Work the Specifications do not cover. Such Work shall comply first with the Special Provisions and then with any Specifications that apply. The Contractor shall include all costs of doing this Work within the bid prices. State The state of Washington acting through its representatives. The State shall also refer to The City of Renton and its authorized representatives where applicable. Supplemental Drawings and Instructions Additional instructions by the Engineer at request of the Contractor by means of drawings or documents necessary, in the opinion of the Engineer, for the proper execution of the Work. Such drawings and instructions are consistent with the Contract Documents. Traffic Both vehicular and non-vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. Utility Public or private fixed improvement for the transportation of fluids, gases, power, signals, or communications and shall be understood to include tracks, overhead and underground wires, cables, 05/06/2021 15 pipelines, conduits, ducts, sewers, or storm drains. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders Delete this Section and replace it with the following: (******) Bidders shall be qualified by experience, financing, equipment, and organization to do the Work called for in the Contract Documents. The Contracting Agency reserves the right to take whatever action it deems necessary to ascertain the ability of the bidder to perform the Work satisfactorily. 1-02.2 Plans and Specifications Delete this Section and replace it with the following: (******) Information as to where Bid Documents can be obtained or reviewed will be found in the Call for Bids (Advertisement for Bids) for the Work. After award of the Contract, Plans and Specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No. of Sets Basis of Distribution Reduced Plans (11” x 17”) and contract provisions 4 Furnished automatically upon award Large Plans (22” x 34”) 4 Furnished only upon request Additional Plans and Contract Provisions may be purchased by the Contractor by payment of the cost stated in the Call for Bids. 1-02.4(2) Subsurface Information Section 1-02.4(2) is supplemented with the following: (******) If a geotechnical study was prepared for the project, then the findings and recommendations are summarized in a report that upon request, may be obtained from the City of Renton. 1-02.5 Proposal Forms Delete this Section and replace it with the following: (******) At the request of the bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. The proposal form will identify the project and its location and describe the Work. It will also list estimated quantities, units of measurement, the items of Work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit bid prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgement of addenda; the bidder’s name, address, telephone number, and signature; and a State of Washington Contractor’s Registration Number. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. Any correction to a bid made by interlineations, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. 05/06/2021 16 A bid by a corporation shall be executed in the corporate name, by the president or a vice president (Or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W/MBE requirements are to be satisfied through such an agreement. 1-02.6 Preparation of Proposal Section 1-02.6 is supplemented with the following: (******) Supplement the second paragraph with the following: (******) 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last paragraph, and replace it with the following: (******) The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W/MBE requirements are to be satisfied through such an agreement. 1-02.6(1) Proprietary Information 1-02.6(1) is a new Section. (******) Vendors should, in the bid proposal, identify clearly any material(s), which constitute "(valuable) formula, designs drawings, and research data" so as to be exempt from public disclosure, RCW 42.56.210, or any materials otherwise claimed to be exempt, along with a Statement of the basis for such claim of exemption. The Department (or State) will give notice to the vendor of any request for disclosure of such information received within 5 (five) years from the date o f submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting vendor of any claim that such materials are, in fact, so exempt. 1-02.7 Bid Deposit Section 1-02.7 is supplemented with the following: (******) Bid Bonds shall contain the following: 1. Number assigned to the project by the Contracting Agency; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany said signature; 05/06/2021 17 6. The signature of the surety’s officer empowered to sign the bond form included in the Contract Provision. 1-02.9 Delivery of Proposal Replace first paragraph with: (******) Each proposal shall be submitted in a sealed envelope, with Project Name and Project Number clearly marked on the outside of the envelope as stated in the Call for Bids, or as otherwise stated in the Bid Documents. 1-02.12 Public Opening of Proposals Section 1-02.12 is supplemented with the following: (******) The Contracting Agency reserves the right to postpone the date and time for bid opening. Notification to bidder will be by addenda. 1-02.13 Irregular Proposals Revise item 1 to read: (******) 1. A proposal will be considered irregular and will be rejected if: a. The bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The complete proposal form contains any unauthorized additions, deletions, alternate bids, or conditions; d. The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the bid proposal; f. The proposal form is not properly executed; g. The bidder fails to submit or properly complete a subcontractor list, if applicable, as required in Section 1-02.6 h. The bidder fails to submit or properly complete a Disadvantaged, Minority or Women’s Business Enterprise Certification, if applicable, as required in Section 1- 02.6; or i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation. j. More than one proposal is submitted for the same project from a Bidder under the same or different names. 1-02.14 Disqualification of Bidders Delete this section in its entirety and replace with the following: (******) 1. A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or 05/06/2021 18 Disadvantaged Enterprise, Minority Enterprise, or Women’s Business Enterprise utilization. e. There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the Work; i. A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27) j. There are any other reasons deemed proper by the Contracting Agency. 1-02.15 Pre Award Information Revise this section to read: (******) Before awarding any contract, the Contracting Agency may require one or more of these items or actions of: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used; 2. Samples of these materials for quality and fitness tests; 3. A progress schedule (in a form the Contracting Agency requires) showing the order of time required for the various phases of Work; 4. A breakdown of costs assigned to any bid item; 5. Attendance at a conference with the Engineer or representatives of the Engineer; 6. Obtain, and furnish a copy of, a business license to do business in the city and/or county where the Work is located; 7. A copy of State of Washington Contractor’s Registration; or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of bids Section 1-03.1 is supplemented with the following: (******) All bids will be based on total sum of all schedules of prices. No partial bids will be accepted unless so stated in the call for bids or special provisions. The City reserves the right to award all or any schedule of a bid to the lowest bidder at its discretion. 1-03.2 Award of Contract Section 1-03.2 is supplemented with the following: (******) The Contract, bond form, and all other forms requiring execution, together with a list of all other forms or documents required to be submitted by the successful bidder, will be forwarded to the successful bidder within 10 days of the award. The number of copies to be executed by the Contractor shall be determined by the Contracting Agency. 1-03.3 Execution of Contract Section 1-03.3 is revised and supplemented with the following: (******) Within 10 calendar days after receipt from the City of the forms and documents required to be completed by the Contractor, the successful bidder shall return the signed Contracting Agency- prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the Contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. 05/06/2021 19 Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any Work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any Work begun outside such areas and for any materials ordered before the Contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the Contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. The Contracting Agency is prohibited by RCW 39.06.010 from executing a contract with a Contractor who is not registered or licensed as required by the laws of the state. In addition, the Cont racting Agency requires persons doing business with the Contracting Agency to possess a valid City of Renton business license prior to award. When the Bid Form provides spaces for a business license number, a Washington State Contractors registration number, or both, the Bidder shall insert such information in the spaces provided. The Contracting Agency requires legible copies of the Contractor's Registration and business license be submitted to the Engineer as part of the Contracting Agency's post-award information and evaluation activities. 1-03.4 Contract Bond Revise the first paragraph to read: (******) The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on the Contracting Agency-furnished form; 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; 3. Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time; 4. Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the Contract, or b. Of the Contractor (subcontractors, or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out Work; 5. Be accompanied by a power of attorney for the Surety’s officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by a written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). 1-03.7 Judicial Review Revise the last sentence to read: (******) The venue of all causes of action arising from the advertisement, award, execution, and performance of the Contract shall be in the Superior Court of the County where the Contracting Agency’s headquarters are located. 05/06/2021 20 1-04 SCOPE OF WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda Revise the second paragraph to read: (******) Any inconsistency in the parts of the Contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda 2. Proposal Form 3. Special Provisions 4. Contract Plans 5. Contracting Agency’s Standard Plans (if any) 6. Amendments to the Standard Specifications 7. WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction 8. WSDOT/APWA Standard Plans for Road, Bridge and Municipal Construction 1-04.8 Progress Estimates and Payments Section 1-04.8 is supplemented with the following: (******) Prior to progress payments, the Contractor is encouraged to provide to the Engineer an estimate of “Lump Sum” Work accomplished to date. The Engineer's calculations and decisions shall be final in regard to the actual percentage of any lump sum pay item accomplished and eligible for payment unless another specific method of calculating lump sum payments is provided elsewhere in the Specifications. 1-04.11 Final Cleanup Section 1-04.11 is supplemented with the following: (******) All salvage material as noted on the Plans and taken from any of the discarded facilities shall, at the Engineer's discretion, be carefully salvaged and delivered to the City shops. Any cost incurred in salvaging and delivering such items shall be considered incidental to the project and no compensation will be made. The Contract price for "Finish and Cleanup, Lump Sum," shall be full compensation for all Work, equipment and materials required to perform final cleanup. If this pay item does not appear in the Contract Documents then final cleanup shall be considered incidental to the Contract and to other pay item and no further compensation shall be made. 1-04.12 Contractor-Discovered Discrepancies Section 1-04.12 is a new section: (******) Upon receipt of award of contract, the Contractor shall carefully study and compare all the components of the Contract Documents and other instructions, and check and verify all field measurements. The Contractor shall, prior to ordering material or performing Work, report in writing to the Engineer any error, inconsistency, or omission with respect to design or mode of construction, which is discovered. If the Contractor, in the course of this study or in the accomplishment of the Work, finds any discrepancy between the Plans and the physical condition of the locality as represented in the Plans, or any such errors or omissions with respect to design or mode of construction in the Plans or in the layout as given by points and instructions, it shall be the Contractor’s duty to inform the Engineer immediately in writing, and the Engineer will promptly check the same. Any Work done after such discovery, until correction of Plans or authorization of extra Work is given, if the Engineer finds that extra Work is involved, will be done at the Contractor's risk. If extra Work is involved, the procedure shall be as provided in Section 1-04.4 of the Standard Specifications. 05/06/2021 21 1-05 CONTROL OF WORK 1-05.4 Conformity With and Deviation from Plans and Stakes Section 1-05.4 is supplemented with the following: (******) If the project calls for the Contractor supplied surveying, the Contractor shall provide all required survey Work, including such Work as mentioned in Sections 1-05, 1-11 and elsewhere in these Specifications as being provided by the Engineer. All costs for this survey Work shall be included in "Contractor Supplied Surveying," per lump sum. The Engineer or the Contractor supplied surveyor will provide construction stakes and marks establishing lines, slopes, and grades as stipulated in this section and will perform such Work per Section 1-11. The Contractor shall assume full responsibility for detailed dimensions, elevations, and excavation slopes measured from the Engineer or the Contractor supplied surveyor furnished stakes and marks. The Contractor shall provide a work site, which has been prepared to permit construction staking to proceed in a safe and orderly manner. The Contractor shall keep the Engineer or the Contractor supplied surveyor informed of staking requirements and provide at least 48 hour notice to allow the Engineer or the Contractor supplied surveyor adequate time for setting stakes. The Contractor shall carefully preserve stakes, marks, and other reference points, including existing monumentation, set by Contracting Agency forces. The Contractor will be charged for the costs of replacing stakes, markers and monumentation that were not to be disturbed but were destroyed or damaged by the Contractor's operations. This charge will be deducted from monies due or to become due to the Contractor. Any claim by the Contractor for extra compensation by reason of alterations or reconstruction Work allegedly due to error in the Engineer's line and grade, will not be allowed unless the original control points set by the Engineer still exist, or unless other satisfactory substantiating evidence to prove the error was furnished by the Engineer. Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. In the absence of such report the Contractor shall be liable for any error in alignment or grade. The Contractor shall provide all surveys required other than those to be performed by the Engineer. All survey Work shall be done in accordance with Section 1-11 SURVEYING STANDARDS of these Specifications. The Contractor shall keep updated survey field notes in a standard field book and in a format set by the Engineer, per Section 1-11.1(4). These field notes shall include all survey Work performed by the Contractor's surveyor in establishing line, grade and slopes for the construction Work. Copies of these field notes shall be provided to the Engineer upon request and upon completion of the Contract Work the field book or books shall be submitted to the Engineer and become the property of the Contracting Agency. If the survey Work provided by the Contractor does not meet the standards of the Engineer, then the Contractor shall, upon the Engineer's written request, remove the individual or individuals doing the survey Work and the survey Work will be completed by the Engineer at the Contractor's expense. Costs for completing the survey Work required by the Engineer will be deducted from monies due or to become due the Contractor. All costs for survey Work required to be performed by the Contractor shall be included in the prices bid for the various items which comprise the improvement or be included in the bid item for "Contractor Supplied Surveying" per lump sum if that item is included in the contracts. 1-05.4(1) Contractor Supplied Surveying Section 1-05.4(1) is a new section: 05/06/2021 22 (******) When the Contract provides for Contractor Supplied Surveying, the Contractor shall supply the survey Work required for the project. The Contractor shall retain as a part of the Contractor Organization an experienced team of surveyors under the direct supervision of a professional land surveyor licensed by the State of Washington. All survey Work shall be done in accordance with Sections 1-05.4 and 1-11. The Contractor and/or the Surveyor shall inform the Engineer in writing of any errors, discrepancies, and omissions to the Plans that prevent the Contractor and/or the Surveyor from constructing the project in a manner satisfactory to the Engineer. All errors, discrepancies, and omissions must be corrected to the satisfaction of the Engineer before the survey Work may be continued. The Contractor shall coordinate his Work with the Surveyor and perform his operations in a manner to protect all survey stakes from harm. The Contractor shall inform the Surveyor of the Contractor's intent to remove any survey stakes and/or points before physically removing them. The Surveyor shall be responsible for providing As-Built Information for the project. The Contractor shall coordinate his operations and assist the Surveyor in maintaining accurate As-Built Information for the project. If the Contractor and the Surveyor fail to provide, as directed by the Engineer and/or these Plans and Specifications, accurate As-Built Information and other Work the Engineer deems necessary, the Engineer may elect to provide at Contractor expense, a surveyor to provide all As-Built Information and other Work as directed by the Engineer. The Engineer shall deduct expenses incurred by the Engineer-supplied surveying from monies owed to the Contractor. Payment per Section 1-04.1 for all Work and materials required for the full and complete survey Work required to complete the project and provide As-Built Information shall be included in the lump sum price for "Construction Surveying, Staking, and As-Built Information." 1-05.4(2) Contractor Provided As-Built Information Section 1-05.4(2) is a new section: (******) Prior to the backfilling of the trenches It shall be the Contractors responsibility to record the location, by centerline station, offset, and depth below pavement, of all existing utilities uncovered or crossed during his Work as covered under this project. It shall be the Contractor’s responsibility to have his Surveyor locate each major item of Work done under this contract per the survey standard of Section 1-11. Major items of Work shall include but not be limited to: Manholes, Catch basins and Inlets, Valves, vertical and Horizontal Bends, Junction boxes, Cleanouts, Side Sewers, Street Lights & Standards, Hydrants, Major Changes in Design Grade, Vaults, Culverts, Signal Poles, and Electrical Cabinets. After the completion of the Work covered by this contract, the Contractor’s Surveyor shall provide to the City electronic files , both AutoCad and pdf files of the project drawings, containing the surveyor’s as-built information and one set of white prints of the project drawings upon which he has plotted the notes of the Contractor locating existing utilities. This drawing shall bear the Surveyor’s seal and signature certifying its accuracy. All costs for as-built Work shall be included in the Contract item "Construction Surveying, Staking, and As-Built Information", lump sum. 1-05.7 Removal of Defective and/or Unauthorized Work Section 1-05.7 is supplemented with the following: (******) Upon written notice from the Engineer, the Contractor shall promptly replace and re-execute Work by Contractor forces, in accordance with the intent of the Contract and without expense to the 05/06/2021 23 Contracting Agency, and shall bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned Work and materials and commence re-execution of the Work within 7 calendar days of written notice from the Engineer, or fails to perform any part of the Work required by the Contract Documents, the Contracting Agency may correct and remedy such Work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. In that case, the Contracting Agency may store removed material. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized Work, or Work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor’s unauthorized Work. If sufficient funds do not remain in the Contract and the Contractor does not pay the cost of such removal and storage within 10 calendar days from the date of the notice to the Contractor of the fact of such removal, the Contracting Agency may, upon an additional 10 calendar days written notice, sell such materials at public or private sale, and deduct all costs and expenses incurred from monies due to the Contractor, including costs of sale, and accounting to Contractor for the net proceeds remaining. The Contracting Agency may bid at any such sale. The Contractor shall be liable to the Contracting Agency for the amount of any deficiency from any funds otherwise due the Contractor. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized Work corrected immediately, have the rejected Work removed and replaced, or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or damage to the public, the Property Owner and the Property Owner’s property. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the Work attributable to the exercise of the Contracting Agency’s rights provided by this section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency’s right to pursue any other avenue for additional remedy or damages with respect to the Contractor’s failure to perform the Work as required. 1-05.10 Guarantees Section 1-05.10 is supplemented with the following: (******) If within one year after the Acceptance Date of the Work by the Contracting Agency, defective and/or unauthorized Work is discovered, the Contractor shall promptly, upon written order by the Contracting Agency, return and in accordance with the Engineer’s instructions, either correct such Work, or if such Work has been rejected by the Engineer, remove it from the project site and replace it with non-defective and authorized Work, all without cost to the Contracting Agency. If the Contractor does not promptly comply with the written order to correct defective and/or unauthorized Work, or if an emergency exists, the Contracting Agency reserves the right to have defective and/or unauthorized Work corrected or removed and replaced pursuant to Section 1-05.7 “Removal of Defective and/or Unauthorized Work.” The Contractor agrees the above one year limitation shall not exclude or diminish the Contracting Agency’s rights under any law to obtain damages and recover costs resulting from defective and/or unauthorized Work discovered after one year but prior to the expiration of the legal time period set 05/06/2021 24 forth in RCW 4.16.040. The Contractor shall warrant good title to all materials, supplies, and equipment purchased for, or incorporated in the Work. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor, to recover under any bond given by the Contractor for their protection, or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the Contracting Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts, and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials. 1-05.11 Final Inspection 1-05.11(1) Substantial Completion Date Section 1-05.11(1) is a new section: (******) When the Contractor considers the Work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Engineer will schedule an inspection of the Work with the Contractor to determine the status of completion. To be considered substantially complete the following conditions must be met: 1. The Contracting Agency must have full and unrestricted use and benefit of the facilities both from the operational and safety standpoint. 2. Only minor incidental Work, replacement of temporary substitute facilities, or correction of repair Work remains to reach physical completion of the Work. The Contractor’s request shall list the specific items of Work in subparagraph two above that remains to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date unilaterally. If after this inspection, the Engineer concurs with the Contractor that the Work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the Work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring with or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the Work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the Work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the Work physically complete and ready for Final Inspection. 1-05.11(2) Final Inspection and Physical Completion Date Section 1-05.11(2) is a new Section: (******) When the Contractor considers the Work physically complete and ready for Final Inspection, the Contractor, by Written Notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for Final Inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the Final Inspection reveals the Work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective Work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. 05/06/2021 25 If action to correct the listed deficiencies is not initiated within 7 days after receipt of the Written Notice listing the deficiencies, the Engineer may, upon Written Notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-08.5. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the Work attributable to the exercise of the Engineer’s right hereunder. Upon correction of all deficiencies, the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the Work was considered physically complete, that date shall constitute the Physical Completion Date of the Contract, but shall not imply all the obligations of the Contractor under the Contract have been fulfilled. 1-05.11(3) Operational Testing Section 1-05.11(3) is a new section: (******) Unless otherwise noted in the Contract Documents, the Contractor shall give the Engineer a minimum of 3 working days’ notice of the time for each test and inspection. If the inspection is by another authority than the Engineer, the Contractor shall give the Engineer a minimum of 3 working days’ notice of the date fixed for such inspection. Required certificates of inspection by other authority than the Engineer shall be secured by the Contractor. It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore, when the Work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar Work, it may be desirable for the Engineer to have the Contractor operate and test the Work for a period of time, after final inspection but prior to the physical completion date. Whenever items of Work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the Contract. 1-05.12 Final Acceptance The third and fourth sentences in paragraph 1 are deleted and replaced with: (******) The Final Acceptance date shall be that date in which the Renton City Council formally approves acceptance of the Work. 1-05.13 Superintendents, Labor and Equipment of Contractor Revise the last paragraph to read: (******) Whenever the Contracting Agency evaluates the Contractor’s qualifications pursuant to Section 1- 02.1, the Contracting Agency will take these performance reports into account. 1-05.14 Cooperation with Other Contractors Section 1-05.14 is supplemented with the following: 05/06/2021 26 (******) The Contractor shall afford the Contracting Agency and other contractors working in the area reasonable opportunity for the introduction and storage of their materials and the execution of their respective Work, and shall properly connect and coordinate the Contractor’s Work with theirs. Other utilities, districts, agencies, and contractors who may be working within the project area may include, but are not limited to: 1. Puget Sound Energy (gas and electric) 2. AT&T Broadband 3. CenturyLink 4. City of Renton (water, wastewater, surface water, transportation) 5. Comcast 6. Seattle Public Utilities 7. Soos Creek Sewer and Water District 8. Cedar River Sewer and Water District 9. Skyway Sewer and Water District 10. Coal Creek Sewer and Water District 11. Water District 90 12. Olympic Pipeline 13. Private contractors employed by adjacent property owners 1-05.16 Water and Power Section 1-05.16 is a new Section: (******) The Contractor shall make necessary arrangements and shall bear the costs for power and water necessary for the performance of the Work, unless the Contract includes power and water as a pay item. 1-05.17 Oral Agreements Section 1-05.17 is a new section: (******) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1-05.18 Contractor's Daily Diary Section 1-05.18 is a new section: (******) The Contractor and subcontractors shall maintain and provide to the Engineer a Daily Diary Record of this Work. This diary will be created by pen entries in a hardbound diary book of the type that is commonly available through commercial outlets, or in a commonly-accepted electronic format. The diary must contain the Project and Number; if the diary is in loose-leaf form, this information must appear on every page. The diary must be kept and maintained by the Contractor's designated project superintendent(s). Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum, the diary shall show on a daily basis: 1. The day and date. 2. The weather conditions, including changes throughout the day. 3. A complete description of Work accomplished during the day with adequate references to the Plans and Contract Provisions, so that the reader can easily and accurately identify said Work in the Plans. Identify location/description of photographs or videos taken that day. 4. An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect the Contractor, the 05/06/2021 27 Contracting Agency, or any third party in any manner. 5. Listing of any materials received and stored on or off-site by the Contractor for future installation, to include the manner of storage and protection of the same. 6. Listing of materials installed during each day. 7. List of all subcontractors working on-site during each day. 8. Listing of the number of the Contractor's employees working during each day by category of employment. 9. Listing of the Contractor's equipment working on the site during each day. Idle equipment on the site shall be listed and designated as idle. 10. Notations to explain inspections, testing, stake-out, and all other services furnished by the Contracting Agency or other party during each day. 11. Entries to verify the daily (including non-Work days) inspection and maintenance of traffic control devices and condition of the traveled roadway surfaces. The Contractor shall not allow any conditions to develop that would be hazardous to the public. 12. Any other information that serves to give an accurate and complete record of the nature, quantity, and quality of Contractor's progress on each day. 13. Plan markups showing locations and dimensions of constructed features to be used by the Engineer to produce record drawings. 14. All pages of the diary must be numbered consecutively with no omissions in page numbers. 15. Each page must be signed and dated by the Contractor's official representative on the project. The Contractor may use additional sheets separate from the diary book, if necessary, to provide a complete diary record, but they must be signed, dated, and labeled with project name and number. It is expressly agreed between the Contractor and the Contracting Agency that the Daily Diary maintained by the Contractor shall be the “Contractor's Book of Original Entry” for the documentation of any potential claims or disputes that might arise during this contract. Failure of the Contractor to maintain this diary in the manner described above will constitute a waiver of any such claims or disputes by the Contractor. The Engineer or other Contracting Agency’s representative on the job site will also complete a Daily Construction Report. 1-06 CONTROL OF MATERIAL 1-06.1 Approval of Materials Prior to Use Section 1-06.1 is supplemented with the following: (******) The materials and equipment lists submitted to the Engineer at the Preconstruction Conference shall include the quantity, manufacturer, and model number, if applicable, of materials and equipment to be installed under the Contract. This list will be checked by the Engineer as to conformity with the Contract Documents. The Engineer will review the lists within 10 working days, noting required corrections. The Contractor shall make required corrections and file 2 corrected copies with the Engineer within one week after receipt of required corrections. The Engineer's review and acceptance of the lists shall not relieve the Contractor from responsibility for suitability for the intended purpose, nor for deviations from the Contract Documents. 1-06.2(1) Samples and Tests for Acceptance Section 1-06.2(1) is supplemented with the following: (******) The finished Work shall be in accordance with approved samples. Approval of samples by the Engineer does not relieve the Contractor of responsibility for performance of the Work in accordance with the Contract Documents. 1-06.2(2) Statistical Evaluation of Materials for Acceptance Section 1-06.2(2) is supplemented by with the following: (******) 05/06/2021 28 Unless stated otherwise in the special provisions, statistical evaluation will not be used by the City of Renton. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed Section 1-07.1 is supplemented with the following: (******) The Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the Work, all necessary safeguards for protection of workers and the public; shall post danger signs warning against known or unusual hazards; and shall designate as Safety Supervisor, a responsible employee on the construction site whose duty shall be the enforcement of safety. The name and position of such person so designated shall be reported in writing to the Engineer by the Contractor. The Contractor shall, at all times, enforce strict discipline and good order among all employees and shall not employ any person unfit or not skilled in the Work assigned to him/her. Necessary sanitation conveniences for the use of the workers on the job, properly secluded from public observation, shall be provided and maintained by the Contractor. In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital or doctor’s care, and persons, including employees, who may have been injured on the project site. Employees should not be permitted to Work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the Work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures, in, on, or near the project site. In response to COVID-19, the Contractor shall prepare a project specific COVID-19 Health and Safety Plan (CHSP) in conformance with Section 1-07.4 and the Washington State Governor’s Phase 1 Construction Restart COVID-19 Job Site Requirements. A copy of the CHSP developed by the Contractor shall be submitted to the Engineer as a Type 2 Working Drawing. 1-07.4 Sanitation 1-07.4(2) Health Hazards Section 1-07.4(2) is supplemented with the following: 05/06/2021 29 COVID-19 Health and Safety Plan (CHSP) The Contractor shall prepare a project specific COVID-19 Health and Safety Plan (CHSP) and Implementation. The CHSP and Implementation shall be prepared and submitted as a Type 2 Working Drawing prior to beginning physical Work. The Contractor shall update and resubmit the CHSP and Implementation as the work progresses and new activities appear on the look ahead schedule required under Section 1-08.3(2)D. If the conditions change on the project, or a particular activity, the Contractor shall update and resubmit the CHSP and Implementation. Work on any activity shall cease if conditions prevent full compliance with the CHSP. The CHSP and Implementation shall address the health and safety of all people associated with the project including Contracting Agency workers in the field, Contractor personnel, consultants, project staff, subcontractors, suppliers and anyone on the project site, staging areas, or yards. The plan shall address all elements of the Washington State Governor’s Phase 1 Construction Restart COVID- 19 Job Site Requirements. COVID-19 Health and Safety Plan (CHSP) Inspection The Contractor shall grant full and unrestricted access to the Contracting Agency for CHSP and Implementation Inspections. The Contracting Agency will conduct periodic compliance inspections on the project site, staging areas, or yards to verify that any ongoing work activity is following the CHSP plan. If the Contracting Agency becomes aware of a noncompliance incident either through a site inspection or other means, the Contractor will be notified immediately. The Contractor shall immediately remedy the noncompliance incident or suspend all or part of the associated work activity. If a suspension is necessary the Contractor shall satisfy the Contracting Agency that the noncompliance incident has been corrected before the suspension will end. Payment “COVID-19 Health and Safety Plan (CHSP) and Implementation”, lump sum. The lump sum Contract price for “COVID-19 Health and Safety Plan (CHSP)and Implementation” shall be full pay for all costs, including but not limited to, preparing, submitting, revising, and resubmitting revisions for the plan. “COVID-19 Added Measures (Without Overhead & Profit)”, by force account. Payment will include the direct costs for the added health and safety measures necessitated by the plan, including additional materials and PPE. No overhead or profit will be included. To provide a common Proposal for all Bidders, the Contracting Agency has entered an amount in the Proposal to become a part of the Contractor’s total Bid. Should reporting as required by the Governor’s requirements be necessary, all direct labor associated with said reporting shall be paid for as force account. Any loss of production associated with implementation of the plan, or as precipitated by the Governor’s Phase 1 Construction Restart COVID-19 Job Site Requirements, shall be included and accounted for when developing the Bid package. 05/06/2021 30 1-07.6 Permits and Licenses Section 1-07.6 is supplemented with the following: (******) The Contractor shall ensure that all necessary permits are obtained, and is responsible for reviewing all permits to become familiar with the requirements. The Contractor and all subcontractors of any tier must obtain a City of Renton Business License (Contractor). The permits, easements, and right of entry documents that have been acquired are available for inspection and review. The Contractor shall be required to comply with all conditions of the permits, easements, and rights of entry, at no additional cost to the Contracting Agency. The Contractor is required to indemnify the Contracting Agency from claims on all easements and rights of entry. All other permits, licenses, etc., shall be the responsibility of the Contractor. The Contractor shall comply with the special provisions and requirements of each. Permits, permission under franchises, licenses and bonds of a temporary nature necessary for and during the prosecution of the Work, and inspection fees in connection therewith shall be secured and paid for by the Contractor. If the Contracting Agency is required to secure such permits, permission under franchises, licenses and bonds, and pay the fees, the costs incurred by the Contracting Agency thereby shall be charged against the Contractor and deducted from any funds otherwise due the Contractor. The Contractor is cautioned to review all permits and other Contract Documents and schedule the work activities appropriately to complete the work within the number of days stated in the Contract Document. No additional compensation or extensions to time will be granted to the Contractor due to the time constraints imposed by such documents. The Contractor shall assume all responsibility for meeting all requirements of all permits. Any fines or penalties incurred by Contracting Agency for not meeting state water quality standards and/or lack of stormwater pollution prevention on this Project shall be deducted from monies otherwise due to Contractor. Any fines assessed directly to Contractor shall be paid directly to the fining authority, at the Contractor’s own cost. 1-07.9 Wages 1-07.9(5) Required Documents Delete the first sentence of the third paragraph, and replace it with the following: (******) The Contractor must submit weekly-certified payrolls for the Contractor and all subcontractors and lower tier subcontractors, regardless of project’s funding source. 1-07.11 Requirements for Non-Discrimination 1-07.11(11) City of Renton Affidavit of Compliance Section 1-07.11(11) is a new section: (******) Each Contractor, Subcontractor, Consultant, and or Supplier shall complete and submit a copy of the “City of Renton Fair Practices Policy Affidavit of Compliance”. A copy of this document will be bound in the bid documents. 1-07.12 Federal Agency Inspection Section 1-07.12 is supplemented with the following: (******) Required Federal Aid Provisions 05/06/2021 31 The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this Section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.13 Contractor’s Responsibility for Work 1-07.13(1) General Section 1-07.13(1) is supplemented with the following: (******) During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the Work as shall not be damaged thereby. No portion of the Work whose satisfactory quality or efficiency will be affected by unfavorable conditions shall be constructed while these conditions exist, unless the Contractor shall be able to overcome said unfavorable conditions by special means or precautions acceptable to the Engineer. 1-07.15 Temporary Water Pollution Prevention Delete this section in its entirety and replace with the following: (******) The Contractor shall perform all Work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. The Contractor shall prepare a final Temporary Water Pollution/Erosion Control Plan (TWPECP) and a final SWPPP. The TWPECP and SWPPP shall be developed in accordance with the erosion control standards contained in the Current City of Renton Surface Water Design Manual. The plan shall include any assumptions, detailed calculations, sketches and sequencing. The plan shall be signed and stamped by a Washington State Professional Engineer. A TESC supervisor shall be designated by the Contractor, whose name and phone number shall be given to the Engineer at the Preconstruction Conference. The TESC supervisor must be CESCL certified in accordance with NPDES permit requirements. The plan shall be submitted for approval to the City within 10 days of the Notice of Award. The TWPECP shall include the various configurations that may be necessary to adequately control erosion and sediment at the site during the various stages of construction. Design of dewatering, water control, bypass systems, and temporary erosion and sediment control during construction shall be the responsibility of the Contractor. At a minimum, the plan shall contain: 1. Manufacturer’s data and detailed plans for the erosion control products specified in the plan. 2. Plan for temporary pipe system diversions. This shall include a description of when the piping will be used, pipe material, locations, elevations, plan and profile views, inlet and outlet protection, hydraulic capacity, and details of important design features. 3. Plan for collecting, pumping and pipe surface stormwater runoff, dewatering discharge, and seepage from the source to the Baker Tank or acceptable discharge. The plan shall be shown in phases to coincide with the phases of construction. The plan shall include: 05/06/2021 32 a. Layout and details of system. b. Diversion systems manufacturer’s data and material submittals. c. Pump and pipe types, sizes, manufacturer’s data, and design criteria for pump sizing. d. Flow calculations for stormwater, seepage, and dewatering pump discharge. Schedule and sketch of location for dewatering systems. Pumps shall be sized to pump stormwater runoff for the tributary area plus an allowance for groundwater and surface seepage. Each pump area location shall be equipped with two pumps meeting the capacity requirement, in case one is non-operational. e. Source of power for pumps, description of schedule and fueling requirements, storage location, and methods. 4. Manufacturer’s literature and test results (certificates) on the temporary silt fence, erosion control matting, riprap gradations, and any other necessary erosion control materials. 5. Planned installation and maintenance schedule for temporary erosion and sedimentation control facilities. Indicate locations and outlets of dewatering systems. 6. The boundaries of the clearing limits, sensitive areas and their buffers, and areas of vegetation preservation and tree retention. The Contractor shall also prepare a final SWPPP. The SWPPP must meet the requirements of the Department of Ecology’s NPDES and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity (General Permit). The SWPPP shall include and modify as necessary the Site Preparation and Erosion Control Plan drawings provided as part of the Contract Plans. The Contractor shall prepare, review, and modify the SWPPP as necessary to be consistent with the actual work schedule, sequencing, and construction methods that will be used on the project. The Contractor’s SWPPP shall meet the requirements of the general permit. The Contractor shall: • Furnish, install, operate, and maintain necessary machinery, appurtenances, and equipment to keep excavations free of water during construction; • Dewater and dispose of water in a manner that will not cause injury to public and private property, as well as keep sediment-laden water from entering the City surface water system or violate applicable water standards; • Keep sufficient pumping equipment and machinery on hand at all times for emergencies, including electric power failures; • Keep experienced personnel available at all times to operate pumping equipment, machinery and appliances; • Not shut down dewatering systems between shifts, on holidays and weekends, nor during work stoppages without prior authorization by the Engineer; • Control groundwater to prevent softening of bottoms of excavations, or formation of “quick” conditions or “boils”; • Design and operate dewatering system that will not remove natural soils; • Keep excavations free of water during excavation, construction of structures, installation of pipelines, placing of structures, backfill, and placing and curing of concrete; and • Control surface water runoff to prevent entry and collection in excavations. As construction progresses and unexpected or seasonal conditions dictate, the Contractor shall anticipate that more water pollution/erosion control measures will be necessary. It shall be the obligation and responsibility of the Contractor to revise or supplement the pollution/erosion control measures as may be needed to protect the work, adjacent properties, storm drains, streams, and other water bodies. At all times, there must be material on the job site to handle any spills caused by the Contractor, such as tack, oils, diesel, etc. Materials would include, but not be limited to, oil absorbent pads and “kitty 05/06/2021 33 litter.” The Contractor must supply said materials at his expense and, in the event of a spill, be responsible for cleanup and disposal of contaminated materials. In addition, the SWPPP shall outline the procedures to be used to prevent high pH stormwater or dewatering water from entering surface waters. The plan shall include how the pH of the water will be maintained between pH 6.5 and pH 8.5 prior to being discharged from the project or entering surface waters. Prior to beginning any concrete or grinding work, the Contractor shall submit the plan, for the Engineer’s review and approval. An Ecology template is available to the Contractor for producing the SWPPP, using project- specific information added by the Contractor. The template and instructions are available at: http://www.ecy.wa.gov/programs/wq/stormwater/construction. The Engineer’s review and any resulting approval of the Contractor’s SWPPP and TESCP will be only regarding conformance with the specification requirement that the Contractor have the plans prepared by a CPESC or professional Civil Engineer who has expertise in the type of facilities and that the SWPPP and TESCP include the items specified for such plans. The Contractor shall be solely responsible for the adequacy of the SWPPP and TESCP and if erosion sediment, and other pollutant control measures in deviation or addition to those described in the SWPPP become necessary to minimize erosion and prevent storm water contamination from sediment and other pollutants, the Contractor shall prepare and submit a revised SWPPPP to the Engineer for review as specified for the original plan. The Contracting Agency will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised SWPPP, nor for any delays to the Work due to the Contractor’s failure to submit and implement an acceptable SWPPP. 1-07.16 Protection and Restoration of Property 1-07.16(1) Private/Public Property Section 1-07.16(1) is supplemented with the following: (******) The Contracting Agency will obtain all easements and franchises required for the project. The Contractor shall limit his operation to the areas obtained and shall not trespass on private property. The Contracting Agency may provide certain lands, as indicated in connection with the Work under the Contract together with the right of access to such lands. The Contractor shall not unreasonably encumber the premises with his equipment or materials. The Contractor shall provide, with no liability to the Contracting Agency, any additional land and access thereto not shown or described that may be required for temporary construction facilities or storage of materials. He shall construct all access roads, detour roads, or other temporary Work as required by his operations. The Contractor shall confine his equipment, storage of material, and operation of his workers to those areas shown and described and such additional areas as he may provide. A. General. All construction Work under this contract on easements, right-of-way, over private property or franchise, shall be confined to the limits of such easements, right-of-way or franchise. All Work shall be accomplished so as to cause the least amount of disturbance and a minimum amount of damage. The Contractor shall schedule his Work so that trenches across easements shall not be left open during weekends or holidays and trenches shall not be open for more than 48 hours. B. Structures. The Contractor shall remove such existing structures as may be necessary for the performance of the Work and, if required, shall rebuild the structures thus removed in as good a condition as found. He shall also repair all existing structures that may be damaged as a result of the Work under this contract. C. Easements, cultivated areas, and other surface improvements. All cultivated areas, either agricultural or lawns, and other surface improvements which are damaged by actions of the Contractor shall be restored as nearly as possible to their original condition. 05/06/2021 34 Prior to excavation on an easement or private right-of-way, the Contractor shall strip topsoil from the trench or construction area and stockpile it in such a manner that it may be replaced by him, upon completion of construction. Ornamental trees and shrubbery shall be carefully removed with the earth surrounding their roots wrapped in burlap and replanted in their original positions within 48 hours. All shrubbery or trees destroyed or damaged, shall be replaced by the Contractor with material of equal quality at no additional cost to the Contracting Agency. In the event that it is necessary to trench through any lawn area, the sod shall be carefully cut and rolled and replaced after the trenches have been backfilled. The lawn area shall be cleaned by sweeping or other means, of all earth and debris. The Contractor shall use rubber wheel equipment similar to the small tractor-type backhoes used by side sewer contractors for all Work, including excavation and backfill, on easements or rights-of- way, which have lawn areas. All fences, markers, mailboxes, or other temporary obstacles shall be removed by the Contractor and immediately replace, after the trench is backfilled, in their original position. The Contractor shall notify the Contracting Agency and Property Owner at least 24 hours in advance of any Work done on easements or rights-of-way. Damage to existing structures outside of easement areas that may result from dewatering and/or other construction activity under this contract shall be restored to their original condition or better. The original condition shall be established by photographs taken and/or inspection made prior to construction. All such Work shall be done to the satisfaction of the Property Owners and the Contracting Agency at the expense of the Contractor. D. Streets. The Contractor will assume all responsibility of restoration of the surface of all streets (traveled ways) used by him if damaged. In the event the Contractor does not have labor or material immediately available to make necessary repairs, the Contractor shall so inform the Contracting Agency. The Contracting Agency will make the necessary repairs and the cost of such repairs shall be paid by the Contractor. The Contractor is responsible for identifying and documenting any damage that is pre-existing or caused by others. Restoration of excavation in City streets shall be done in accordance with the City of Renton Trench Restoration Requirements, which is available at the Public Works Department Customer Services counter on the 6th floor, Renton City Hall, 1055 South Grady Way or can be found on the City’s website at https://edocs.rentonwa.gov/Documents/ElectronicFile.aspx?docid=1074326&dbid=0&repo=City ofRenton 1-07.17 Utilities and Similar Facilities Section 1-07.17 is supplemented with the following: (******) Existing utilities indicated in the Plans have been plotted from the best information available to the Engineer. Information and data shown or indicated in the Contract Documents with respect to existing underground utilities or services at or contiguous to the project site are based on information and data furnished to the Contracting Agency and the Engineer by owners of such underground facilities or others, and the Contracting Agency and the Engineer do not assume responsibility for the accuracy or completeness thereof. It is to be understood that other aboveground or underground facilities not shown in the Plans may be encountered during the course of the Work. All utility valves, manholes, vaults, or pull boxes which are buried shall be conspicuously marked in a fashion acceptable to the Contracting Agency and the Engineer by the Contractor to allow their location to be determined by the Engineer or utility personnel under adverse conditions, (inclement weather or darkness). Where underground main distribution conduits, such as water, gas, sewer, electric power, or 05/06/2021 35 telephone, are shown on the Plans, the Contractor, for the purpose of preparing his bid, shall assume that every property parcel will be served by a service connection for each type of utility. The Contractor shall check with the utility companies concerning any possible conflict prior to commencing excavation in any area. The Contractor shall resolve all crossing and clearance problems with the utility company concerned. No excavation shall begin until all known facilities, in the vicinity of the excavation area, have been located and marked. In addition to the Contractor having all utilities field marked before starting Work, the Contractor shall have all utilities field marked after they are relocated in conjunction with this project. Call Before You Dig The 48-Hour Locators 1-800-424-5555 At least 2 and not more than 10 working days prior to co mmencing any excavations for utility potholing or for any other purpose under this Contract, the Contractor shall notify the Underground Utilities Location Center by telephone of the planned excavation and progress schedule. The Contractor is also warned that there may be utilities on the project that are not part of the One Call system. They must be contacted directly by the Contractor for locations. The Contractor shall make arrangements 48 hours in advance with respective utility owners to have a representative present when their utility is exposed or modified, if the utility chooses to do so. Existing utilities for telephone, power, gas, water, and television cable facilities shall be adjusted or relocated by the appropriate utility company unless otherwise noted in the Plans. These adjustments may be completed before the Contractor begins Work or may be performed in conjunction with the Contract Work. The Contractor shall be entirely responsible for coordination with the utility companies and arranging for the movement or adjustment, either temporary or permanent, of their facilities within the project limits. See also Section 1-05.14 of these Special Provisions. If or when utility conflicts occur, the Contractor shall continue the construction process on other aspects of the project whenever possible. No additional compensation will be made to the Contractor for reason of delay caused by the actions of any utility company, and the Contractor shall consider such costs to be incidental to the other items of the Contract. Utility Potholing Potholing may be included as a bid item for use in determining the location of existing utilities in advance of the Contractor's operations. If potholing is not included as a bid item then it shall be considered incidental to other Work. The Contractor shall submit all potholing requests to the Engineer for approval, at least 2 working days before potholing is scheduled. Additionally, the Contractor shall provide potholing at the Engineer's request. In no way shall the Work described under Utility Potholing relieve the Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. 1-07.17(3) Site Specific Potholing Section 1-07.17(3) is a new section: (******) Site Specific Potholing is intended to be additional potholing as directed by the Engineer, which is in addition to potholing included as incidental for utility installation. Where underground utilities are found to be in the way of construction, such condition shall not be deemed to be a changed or differing site condition, and if necessary, pipe alignment or grade shall be modified. No payment will be made unless potholing has been performed prior to trench excavation, and witnessed by the Engineer. Different utilities may be found to occupy a common trench. Any two or more utilities separated by 3 feet or less shall constitute one locate. Where multiple utilities exist in close proximity, 05/06/2021 36 the Contractor shall be paid for one locate for every 5 feet of exploration trench. The quantity for this item is included to provide a common proposal for bid purposes. The actual quantity used in construction may vary from that amount. The unit price will not be adjusted if the actual quantity used varies by more than 25 percent. The contractor shall perform this potholing a minimum of five working days prior to crossing to allow for potential revisions. The contractor shall not have cause for claim of down-time or any other additional costs associated with ‘waiting’ if the owner provides design revisions (related to the information supplied per this section) within three working days after the contractor provides the surveyed elevations. In no way shall the Work described under Site Specific Potholing relieve the Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. 1-07.17(4) Interruption of Services Section 1-07.17(4) is a new section: (******) Whenever, in the course of the construction operation, it becomes necessary to cause an outage of utilities, it shall be the Contractor's responsibility to notify the affected users and the Engineer not less than 48 hours in advance of such outage. The Contractor shall make reasonable effort to minimize the duration of outages, and shall estimate the length of time service will be interrupted and so notify the users. In the case of any utility outage that has exceeded or will exceed four hours, user contact shall again be made. Temporary service, if needed, will be arranged by the Contractor at no cost to the Contracting Agency. Overhead lighting outages shall not exceed 24 hours. All cost to the Contractor for providing temporary overhead lighting to meet above requirements shall be incidental to the various unit and Lump sum items of the Contract; no separate payment will be made. 1-07.17(5) Resolution of Utility Conflicts Section 1-07.17(5) is a new section: (******) In no way shall the work described under Resolution of Utility Conflicts relieve Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions, and elsewhere in the Contract Documents. If or when utility conflicts occur, Contractor shall continue the construction process on other aspects of the project whenever possible. If “Resolution of utility conflicts” is included as a bid item in Section 1-09.14, it shall be used to resolve any new identified utility conflicts not otherwise shown on the Contract Drawing or Specifications that are identified during the course of construction. 1-07.18 Public Liability and Property Damage Insurance Section 1-07.18 Delete this section in its entirety and replace with the following: (******) 1-07.18(1) General The Contractor shall obtain and maintain in full force and effect, from the Contract Execution Date to the Completion Date, public liability and property damage insurance with an insurance company(ies) or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency. Insurance shall provide coverage to the Contractor, all subcontractors, Contracting Agency and the Contracting Agency's consultant. The coverage shall protect against claims for bodily injuries, personal injuries, including accidental death, 05/06/2021 37 as well as claims for property damages which may arise from any act or omission of the Contractor or the subcontractor, or by anyone directly or indirectly employed by either of them. If warranted work is required, the Contractor shall provide the City proof that insurance coverage and limits established under the term of the Contract for work are in full force and effect during the period of warranty work. The Contracting Agency may request a copy of the actual declaration pages(s) for each insurance policy effecting coverage(s) required on the Contract prior to the date work commences. Failure of the Contractor to fully comply during the term of the Contract with the requirements described herein will be considered a material breach of contract and shall be caused for immediate termination of the Contract at the option of the Contracting Agency. All costs for insurance shall be incidental to and included in the unit or Lump Sum prices of the contract and no additional payment will be made. 1-07.18(2) Coverages All coverage provided by the Contractor shall be in a form and underwritten by a company acceptable to the Contracting Agency. The City requires that all insurers: 1. Be licensed to do business within the State of Washington. 2. Coverage to be on an "occurrence" basis (Professional Liability and Pollution coverage are acceptable when written on a claims-made basis). The City may also require proof of professional liability coverage be provided for up to two (2) years after the completion of the project. 3. The City may request a copy of the actual declaration page(s) for each insurance policy affecting coverage(s) required by the Contract prior to the date work commences. 4. Possess a minimum A.M. best rating of AVII (A rating of A XII or better is preferred.) If any insurance carrier possesses a rating of less than AVII, the City may make an exception. The City reserves the right to approve the security of the insurance coverage provided by the insurance company(ies), terms, conditions, and the Certificate of Insurance. Failure of the Contractor to fully comply during the term of the Contract with these requirements will be considered a material breach of contract and shall be cause for immediate termination of the contract at the option of the City. The Contractor shall obtain and maintain the minimum insurance coverage set forth below. By requiring such minimum insurance, the City of Renton shall not be deemed or construed to have assessed the risks that may be applicable to the Contractor. The Contractor shall assess its own risks and if it deems appropriate and/or prudent, maintain higher limits and/or broader coverage. Coverage shall include: A. Commercial General Liability - ISO 1993 Form or equivalent. Coverage will be written on an occurrence basis and include: • Premises and Operations (including CG2503; General Aggregate to apply per project, if applicable) • Explosion, Collapse, and Underground Hazards. • Products/Completed Operations • Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) • Broad Form Property Damage • Independent Contractors • Personal/Advertising Injury 05/06/2021 38 • Stop Gap Liability B. Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles C. Workers' Compensation • Statutory Benefits (Coverage A) - Show Washington Labor & Industries Number D. Umbrella Liability (when necessary) • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. E. Professional Liability - (whenever the work under this Contract includes Professional Liability, including Advertising activities) the (CONTRACTOR) shall maintain professional liability covering wrongful acts, errors and/or omissions of the (CONTRACTOR) for damage sustained by reason of or in the course of operations under this Contract. F. Pollution Liability - the City may require this coverage whenever work under this Contract involves pollution risk to the environment. This coverage is to include sudden and gradual coverage for third party liability including defense costs and completed operations. Contractor shall name City of Renton, and its officers, officials, agents, employees and volunteers as Additional Insured (ISO Form CG 2010 or equivalent). The Contractor shall provide City of Renton Certificates of Insurance prior to commencement of work. The City reserves the right to request copies of insurance policies, if at their sole discretion it is deemed appropriate. Further, all policies of insurance described above shall: A. Be on a primary basis not contributory with any other insurance coverage and/or self- insurance carried by City of Renton. B. Include a Waiver of Subrogation Clause. C. Severability of Interest Clause (Cross Liability) D. The Contractor shall provide the Contracting Agency and all Additional Insured’s with written notice of any policy cancellation, within two business days of their receipt of such notice. E. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business day’s notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. 1-07.18(3) Limits LIMITS REQUIRED Providing coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. The Contractor shall carry the following limits of liability as required below: Commercial General Liability General Aggregate* $2,000,000 ** Products/Completed Operations Aggregate $2,000,000 ** Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $50,000 Medical Payments (Any One Person) $5,000 Stop Gap Liability $1,000,000 05/06/2021 39 * General Aggregate to apply per project (ISO Form CG2503 or equivalent) **Amount may vary based on project risk Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits - Coverage A Variable (Show Washington Labor and Industries Number) Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Professional Liability (If required) Each Occurrence/ Incident/Claim $1,000,000 Aggregate $2,000,000 Pollution Liability (If required) to apply on a per project basis Per Loss $1,000,000 Aggregate $1,000,000 The City may require the Contractor to keep professional liability coverage in effect for up to two (2) years after completion of the project. The Contractor shall promptly advise the CITY OF RENTON in the event any general aggregates are reduced for any reason, and shall reinstate the aggregate at the Contractor’s expense to comply with the minimum limits and requirements as stated above and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. 1-07.18(4) Evidence of Insurance: Within 20 days of award of the Contract, the Contractor shall provide evidence of insurance by submitting to the Contracting Agency the Certificate of Insurance (ACORD Form 25s or equivalent) conforming to items as specified in Sections 1-07.18(1), 1-07.18(2), and 1-07.18(3) as revised above. Other requirements are as follows: A. Strike the following or similar wording: "This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder". B. Strike the wording regarding cancellation notification to the City: "Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". C. Amend the cancellation clause to state: "Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions." For Professional Liability coverage only, instead of the cancellation language specified above, the City will accept a written agreement that the consultant's broker will provide the required notification. 1-07.22 Use of Explosives Section 1-07.22 is supplemented with the following: (******) Explosives shall not be used without specific authority of the Engineer, and then only under such restrictions as may be required by the proper authorities. Explosives shall be handled and used in strict compliance with WAC 296-52 and such local laws, rules and regulations that may apply. The individual in charge of the blasting shall have a current Washington State Blaster Users License. The Contractor shall obtain, comply with, and pay for such permits and costs as are necessary in 05/06/2021 40 conjunction with blasting operations. 1-07.23 Public Convenience and Safety 1-07.23(1) Construction Under Traffic Revise the second paragraph to read: (******) To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the Work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, driveways, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. Accessibility to existing or temporary pedestrian push buttons shall not be impaired. Deficiencies caused by the Contractor’s operations shall be repaired at the Contractor’s expense. Deficiencies not caused by the Contractor’s operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency’s expense. The Contractor shall also maintain roads, streets, sidewalks, driveways, and paths adjacent to the project limits when affected by the Contractor’s operations. Snow and ice control will be performed by the Contracting Agency on all projects. Cleanup of snow and ice control debris will be at the Contracting Agency’s expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the Work that might impede traffic or create a hazard. 2. Keep existing traffic signal and highway lighting systems in operation as the Work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency’s expense. The Contractor shall be responsible for scheduling when to renew striping, subject to the approval of the Engineer. When the scope of the project does not require Work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency’s expense, except those damaged due to the Contractor’s operations. 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency’s expense when approved by the Engineer, except when flow is impaired due to the Contractor’s operations. 6. At the request of the Contracting Agency, the contractor shall remove steel plates and temporarily backfill and patch utility trenches to allow the Contracting Agency to utilize equipment for snow and ice removal through the project area. This request shall be considered a change of conditions and eligible for reimbursement of costs. Section 1-07.23(1) is supplemented with the following: (******) The Contractor shall be responsible for controlling dust and mud within the project limits and on any street, which is utilized by his equipment for the duration of the project. The Contractor shall be prepared to use watering trucks, power sweepers, and other pieces of equipment as deemed necessary by the Engineer, to avoid creating a nuisance. Dust and mud control shall be considered as incidental to the project and no compensation will be made for this section. Complaints of dust, mud, or unsafe practices and/or property damage to private ownership will be transmitted to the Contractor and prompt action in correcting them will be required by the Contractor. 05/06/2021 41 The Contractor shall maintain the roads during construction in a suitable condition to minimize affects to vehicular and pedestrian traffic. All cost to maintain the roads shall be borne by the Contractor. At least one-way traffic shall be maintained on all cross-streets within the project limits during working hours. One lane shall be provided in each direction for all streets during non-working hours. The Contractor shall provide one drivable roadway lane and maintain convenient access for local and commuter traffic to driveways, businesses, and buildings along the line of Work throughout the course of the project. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. This restriction shall not apply to the paving portion of the construction process. The Contractor shall notify and coordinate with all property owners and tenants of street closures, or other restrictions which may interfere with their access at least 24 hours in advance for single- family residential property, and at least 48 hours in advance for apartments, offices, and commercial property. The Contractor shall give a copy of all notices to the Engineer. When the abutting owners’ access across the right-of-way line is to be eliminated and replaced under the Contract by other access, the existing access shall not be closed until the replacement access facility is available. All unattended excavations shall be properly barricaded and covered at all times. The Contractor shall not open any trenches that cannot be completed and refilled that same day. Trenches shall be patched or covered by a temporary steel plate, at the Contractor’s expense, except in areas where the roadway remains closed to public traffic. Steel plates must be anchored. 1-07.23(2) Construction and Maintenance of Detours Revise the first paragraph to read: (******) Unless otherwise approved, the Contractor shall maintain two-way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, bridge, sidewalk, driveway, or path during construction, 2. Detour crossings of intersecting highways, and 3. Temporary approaches. 1-07.24 Rights-of-Way Delete this section in its entirety, and replace it with the following: (******) Street right-of-way lines, limits of easements, and limits of construction permits are indicated on the Drawings. The Contractor’s construction activities shall be confined within these limits unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights-of-way and easements, both permanent and temporary, necessary for carrying out the completion of the Work. Exceptions to this are noted in the Contract Documents or brought to the Contractor’s attention by a duly issued addendum. Whenever any of the Work is accomplished on or through property other than public right-of-way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements are included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights-of-entry have not been acquired prior to advertising, these areas are so noted on the Drawings. The Contractor shall not proceed with any portion of the Work in areas where right-of-way, easements, or rights-of-entry have not been acquired until the Engineer certifies 05/06/2021 42 to the Contractor that the right-of-way or easement is available or that the right-of-entry had been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry of right-of-way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 hour’s notice prior to entry by the Contactor. This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability of the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the Work or not, the Contractor shall file with the Engineer a written permission of the private property owner, and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this Contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1-07.28 Confined Space Entry Section 1-07.28 is a new section: (******) The Contractor shall: 1. Review and be familiar with the City’s Public Works Confined Space Entry Program. 2. Review documented information about the City confined spaces in which entry is intended as listed and described in the City’s Attribute and Map Book. This information includes identified hazards for each permit-required confined space. 3. Each contractor shall have their own confined space entry program. Upon request of the City they will provide a statement confirming they are in compliance with their confined space entry program including requirements for confined space training for employees associated with the project. 4. Be responsible for following all confined space requirements established by the provisions in WAC 296-809 and its chapters. 5. Coordinate entry operations with the City when employees from the contractor will be working in or near City confined spaces. 6. Discuss entry operations with the City, including the program followed during confined space entry. 7. Debrief the City on any hazards confronted or created at the completion of entry operations. 8. Place signs stating, “Danger, Follow Confined Space Entry Procedure before Entering” at each confined space to be entered. Never leave the confined space open and unattended. The contractor’s or consultant’s point of contact with the City in regard to confined space entry will be the City’s assigned construction inspector. 1-08 PROSECUTION AND PROGRESS 1-08.0 Preliminary Matters Section 1-08.0 is a new section with subsection: 05/06/2021 43 (******) 1-08.0(1) Preconstruction Conference Section 1-08.0(1) is a new subsection: (******) The Engineer will furnish the Contractor with copies of the Contract Documents per Section 1-02.2 “Plans and Specifications”. Additional documents may be furnished upon request at the cost of reproduction. Prior to undertaking each part of the Work the Contractor shall carefully study and compare the Contract Documents, and check and verify pertinent figures shown therein and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict, error or discrepancy, which the Contractor may discover. After the Contract has been executed, but prior to the Contractor beginning the Work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The Contractor shall prepare and submit at the preconstruction meeting: 1. Contractor's plan of operation and progress schedule (3+ copies) 2. Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with bid) 3. List of materials fabricated or manufactured off the project 4. Material sources on the project 5. Names of principal suppliers 6. Detailed equipment list, including “Rental Rate Blue Book” hourly costs (both working and standby rates) 7. Weighted wage rates for all employee classifications anticipated to be used on Project 8. Cost percentage breakdown for lump sum bid item(s) 9. Shop Drawings (bring preliminary list) 10. Traffic Control Plans (3+ copies) 11. Temporary Water Pollution/Erosion Control Plan 12. Shoring Plans (per section 1-09.14(2)B), if applicable In addition, the Contractor shall be prepared to address: Bonds and insurance Project meetings – schedule and responsibilities Provision for inspection for materials from outside sources Responsibility for locating utilities Responsibility for damage Time schedule for relocations, if by other than the Contractor Compliance with Contract Documents Acceptance and approval of Work Labor compliance, payrolls, and certifications Safety regulations for the Contractors’ and the Contracting Agency's employees and representatives Suspension of Work, time extensions Change order procedures Progress estimates, procedures for payment Special requirements of funding agencies Construction engineering, advance notice of special Work Any interpretation of the Contract Documents requested by the Contractor Any conflicts or omissions in Contract Documents Any other problems or questions concerning the Work Processing and administration of public complaints Easements and rights-of-entry Other contracts The franchise utilities may be present at the preconstruction conference, and the Contractor should 05/06/2021 44 be prepared for their review and discussion of progress schedule and coordination. 1-08.0(2) Hours of Work Section 1-08.0(2) is a new subsection: (******) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 5:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day Work week. The normal straight time 8-hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the Work. If a Contractor desires to perform Work before 7:00 a.m. or after 5:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to Work such times. Permission to Work longer than an 8-hour period between 7:00 a.m. and 5:00 p.m. is required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to Work. Permission to Work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 7:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue Work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency’s noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor’s operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to Work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or the Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the Work; requiring the Contractor to reimburse the Contracting Agency for the cost of engineering salaries paid Contracting Agency employees who worked during such times; considering the Work performed on Saturdays, Sundays, and holidays as working days with regards to the Contract Time; and considering multiple Work shifts as multiple working days with respect to Contract Time even though the multiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel from the material testing labs; inspectors; and other Contracting Agency employees when in the opinion of the Engineer such Work necessitates their presence. 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees Section 1-08.0(3) is a new subsection: (******) Where the Contractor elects to Work on a Saturday, Sunday, holiday, or longer than an 8- hour Work shift on a regular working day, as defined in the Standard Specifications, such Work shall be considered as overtime Work. On all such overtime Work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. The Contractor shall reimburse the Contracting Agency for the full amount of the straight time plus overtime costs for employees and representative(s) of the Contracting Agency required to work overtime hours. The Contractor, by these Specifications, does hereby authorize the Engineer to deduct such costs from the amount due or to become due the Contractor. 1-08.1 Subcontracting Revise the second paragraph to read: (******) The Contractor shall not subcontract Work unless the Engineer approves in writing. Each request to subcontract shall be on the form the Engineer provides. If the Engineer requests, the Contractor shall 05/06/2021 45 provide proof that subcontractor has the experience, ability, and equipment the Work requires. The Contractor shall require each subcontractor to comply with Section 1-07.9 and to furnish all certificates and statements required by the Contract. The Contractor shall require each subcontractor of every tier to meet the responsibility criteria stated in RCW 39.06, and shall include these requirements in every subcontract of every tier. Section 1-08.1 is supplemented with the following: (******) Written requests for change in subcontractors shall be submitted by the Contractor to the Engineer at least 7 calendar days prior to start of a subcontractor's Work. The Contractor agrees that he/she is fully responsible to the Contracting Agency for the acts and omissions of all subcontractors and lower-tier subcontractors, and persons either directly or indirectly employed by the subcontractors, as well as for the acts and omissions of persons directly employed by the Contractor. The Contractor shall be required to give personal attention to the Work that is sublet. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Contracting Agency. The Contractor shall be responsible for making sure all subcontractors submit all required documentation, forms, etc. 1-08.2 Assignment The second paragraph of Section 1-08.2 is deleted and replaced with the following: (******) The Contractor shall not assign any moneys due or to become due to the Contractor hereunder without the prior written consent of the Contracting Agency. The assignment, if approved, shall be subject to all setoffs, withholdings, and deductions required by law and the Contract. 1-08.3 Progress Schedule Delete this section in its entirety and replace with the following: (******) The progress schedule for the entire project shall be submitted 7 calendar days prior to the Preconstruction Conference. The schedule shall be prepared using the critical path method (CPM), preferably using Microsoft Project or equivalent software. The schedule shall contain the following information, at a minimum: 1. Construction activities, in sufficient detail that all activities necessary to construct a complete and functional project are considered. Any activity that has a scheduled duration exceeding 30 calendar days shall be subdivided until no sub-element has a duration exceeding 30 calendar days. 2. The schedule shall clearly indicate the activities that comprise the critical path. For each activity not on the critical path, the schedule shall show the float, or slack, time. 3. Procurement of material and equipment. 4. Submittals requiring review by the Engineer. Submittal by the Contractor and review by the Engineer shall be shown as separate activities. 5. Work to be performed by a subcontractor, agent, or any third party. 6. Allowances for delays that could result from normal inclement weather (time extensions due to inclement weather will not be allowed). 7. Allowances for the time required by utilities (Contracting Agency’s and others) to locate, monitor, and adjust their facilities as required. The Engineer may request the Contractor to alter the progress schedule when deemed necessary in the opinion of the Engineer, in the interest of public safety and welfare of the Contracting Agency, or for coordination with any other activity of other contractors, the availability of all or portio ns of the job site, or special provisions of this Contract, or to reasonably meet the completion date of the project. The Contractor shall provide such revised schedule within 10 days of request. 05/06/2021 46 If, at any time, in the opinion of the Engineer, the progress of construction falls significantly behind schedule, the Contractor may be required to submit a plan for regaining progress and a revised schedule indicating how the remaining Work items will be completed within the authorized contract time. The Contractor shall promptly report to the Engineer any conditions that the Contractor feels will require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by the Engineer. When such changes are accepted by the Engineer, the revised schedule shall be followed by the Contractor. Weekly Schedule. The Contractor shall submit a weekly progress schedule to the Engineer which sets forth specific Work to be performed the following week, and a tentative schedule for the second week. Failure to Maintain Progress Schedule. The Engineer will check actual progress of the Work against the progress schedule a minimum of two times per month. Failure, without just cause, to maintain progress in accordance with the approved schedule shall constitute a breach of Contract. If, through no fault of the Contractor, the proposed construction schedule cannot be met, the Engineer will require the Contractor to submit a revised schedule to the Engineer for acceptance. The approved revisions will thereafter, in all respects, apply in lieu of the original schedule. Failure of the Contractor to follow the progress schedule submitted and accepted, including revisions thereof, shall relieve the Contracting Agency of any and all responsibility for furnishing and making available all or any portion of the job site, and will relieve the Contracting Agency of any responsibility for delays to the Contractor in the performance of the Work. The cost of preparing the progress schedule, any supplementary progress schedules, and weekly schedules shall be considered incidental to the Contract and no other compensation shall be made. 1-08.4 Prosecution of the Work Section 1-08.4 Delete this section in its entirety and replace with the following: (******) Notice to Proceed will be given after the contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. Work on site shall not commence until the Contracting Agency has received the Contractor’s COVID-19 Health and Safety Plan (CHSP). The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1-10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. Following acceptance of high visibility fencing Contractor shall install fencing to limit access, COVID- 19 sampling and testing stations, and all other onsite control measures identified in the CHSP and the Governor’s Phase 1 Construction Restart COVID-19 Job Site Requirements. 05/06/2021 47 1-08.5 Time For Completion Delete this section in its entirety and replace with the following: (******) The Work shall be physically completed in its entirety within the time specified in the Contract Documents or as extended by the Engineer. The Contract Time will be stated in “working days”, shall begin on the Notice To Proceed date, or the date identified in the Notice to Proceed as “the first working day”, and shall end on the Contract Completion date. A non-working day is defined as a Saturday, a Sunday, a day on which the Contract specifically suspends Work, or one of these holidays: New Year’s Day Martin Luther King Day Memorial Day Independence Day Labor Day Veteran’s Day Thanksgiving Day the day after Thanksgiving Christmas Day. Note for holidays that land on a Saturday or Sunday: The day before Christmas shall be a holiday when Christmas Day occurs on a Tuesday, Wednesday, or Friday. The day after Christmas shall be a holiday when Christmas Day occurs on a Monday or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas day occurs on a Sunday, the two working days following shall be observed as holidays. When holidays other than Christmas fall on a Saturday, the preceding Friday will be counted as a non-working day and when they fall on a Sunday the following Monday will be counted as a non-working day. The Contract Time has been established to allow for periods of normal inclement weather that, from historical records, is to be expected during the Contract Time, and during which periods, Work is anticipated to be performed. Each successive working day, beginning with the Notice to Proceed date and ending with the Physical Completion date, shall be charged to the Contract Time as it occurs except a day, or part of a day, which is designated a non-working day or an Engineer determined unworkable day. The Engineer will furnish the Contractor a weekly report showing (1) the number of working days charged against the Contract Time for the preceding week; (2) the Contract Time in working days; (3) the number of working days remaining in the Contract Time; (4) the number of non-working days; and (5) any partial or whole days the Engineer declared unworkable the previous week. This weekly report will be correlated with the Contractor’s current approved progress schedule. If the Contractor elects to work 10 hours a day and 4 days a week (a 4-10 schedule), and the fifth day of the week in which a 4-10 shift is worked would ordinarily be charged as a working day, then the fifth day of that week will be charged as a working day whether or not the Contractor works on that day. The Contractor will be allowed 10 calendar days from the date of each report in which to file a written protest of an alleged discrepancy in the Contract Time as reported. Otherwise, the report will be deemed to have been accepted by the Contractor as correct. The requirements for scheduling the Final Inspection and establishing the Substantial Completion, Physical Completion, and Completion Dates are specified in Sections 1-05.11 and 1-05.12. The Engineer will give the Contractor written notice of the completion date of the Contract after all the Contractor’s obligations under the Contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical Work on the project must be complete; and 2. The Contractor must furnish all documentation required by the Contract and required by law, to 05/06/2021 48 allow the Contracting Agency to process final acceptance of the Contract. The following documents must be received by the Engineer prior to establishing a completion date: a. Certified Payrolls per Section 1-07.9(5) ( b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. FHWA 47 (Federal-aid Projects) e. Final Contract Voucher Certification f. Property owner releases per Section 1-07.24 g. A copy of the Notice of Termination sent to the Washington State Department of Ecology (Ecology); the elapse of 30 calendar days from the date of receipt of the Notice of Termination by Ecology; and no rejection of the Notice of Termination by Ecology. This requirement will not apply if the Construction Stormwater General Permit is transferred back to the Contracting Agency in accordance with Section 8-01.3(16), as required by the Contract Provisions. Within 10 calendar days after execution of the Contract by the Contracting Agency, the Contractor shall provide the Contracting Agency with copies of purchase orders for all equipment items deemed critical by the Contracting Agency, including but not limited to signal controller materials, lighting standards, and signal standards required for the physical completion of the Contract. Such purchase orders shall disclose the estimated delivery dates for the equipment. All items of Work that can be performed without delivery of the critical items shall start and be completed as soon as possible. At that time, the Engineer may suspend the Work upon request of the Contractor until the critical items are delivered to the Contractor, if the Contracting Agency received a purchase order within 10 calendar days after execution of the Contract by the Contracting Agency. The Contractor will be entitled to only one such suspension of time during the performance of the Work and during such suspension shall not perform any additional Work on the project. Upon delivery of the critical items, contract time will resume and continue to be charged in accordance with Section 1-08. 1-08.6 Suspension of Work Section 1-08.6 is supplemented with the following: (******) Contracting Agency may at any time suspend the Work, or any part thereof, by giving notice to the Contractor in writing. The Work shall be resumed by the Contractor within 14 calendar days after the date fixed in the written notice from the Contracting Agency to the Contractor to do so. The Contractor shall not suspend Work under the Contract without the written order of the Contracting Agency. If it has been determined that the Contractor is entitled to an extension of time, the amount of such extension shall be only to compensate for direct delays, and shall be based upon the Contractor's diligently pursuing the Work at a rate not less than that which would have been necessary to complete the original Contract Work on time. 1-08.7 Maintenance During Suspension Revise the second paragraph to read: (******) At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, driveway, and path for public use during suspension (as required in Section 1-07.23 or the Special Provisions). This may include a temporary road or detour. 05/06/2021 49 1-08.9 Liquidated Damages Section 1-08.9 is supplemented with the following: (******) In addition, the Contractor shall compensate the Contracting Agency for actual engineering inspection and supervision costs and any other expenses and legal fees incurred by the Contracting Agency as a result of such delay. Such labor costs will be billed to the Contractor at actual costs, including administrative overhead costs. In the event that the Contracting Agency is required to commence any lawsuit in order to enforce any provision of this Contract or to seek redress for any breach thereof, the Contracting Agency shall be entitled to recover its costs, including reasonable attorney’s fees, from the Contractor. 1-08.11 Contractor's Plant and Equipment Section 1-08.11 is a new Section: (******) The Contractor alone shall at all times be responsible for the adequacy, efficiency, and sufficiency of his and his subcontractor's plant and equipment. The Contracting Agency shall have the right to make use of the Contractor's plant and equipment in the performance of any Work on the site of the Work. The use by the Contracting Agency of such plant and equipment shall be considered as extra Work and paid for accordingly. Neither the Contracting Agency nor the Engineer assumes any responsibility, at any time, for the security of the site from the time the Contractor's operations have commenced until final acceptance of the Work by the Engineer and the Contracting Agency. The Contractor shall employ such measures as additional fencing, barricades, and watchmen service, as he deems necessary for the public safety and for the protection of the site and his plant and equipment. The Contracting Agency will be provided keys for all fenced, secured areas. 1-08.12 Attention to Work Section 1-08.12 is a new section: (******) The Contractor shall give his personal attention to and shall supervise the Work to the end that it shall be prosecuted faithfully, and when he is not personally present on the Work site, he shall at all times be represented by a competent superintendent who shall have full authority to execute the same, and to supply materials, tools, and labor without delay, and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. 1-09 MEASUREMENT AND PAYMENT 1-09.1 Measurement of Quantities Section 1-09.1 is supplemented with the following: (******) Lump Sum. The percentage of lump sum Work completed, and payment will be based on the cost percentage breakdown of the lump sum bid price(s) submitted at the preconstruction conference. The Contractor shall submit a breakdown of costs for each lump sum bid item. The breakdown shall list the items included in the lump sum together with a unit price of labor, materials, and equipment for each item. The summation of the detailed unit prices for each item shall add up to the lump sum bid. The unit price values may be used as a guideline for determining progress payments or deductions or additions in payment for ordered Work changes. Cubic Yard Quantities. The Contractor shall provide truck trip tickets for progress payments only in the following manner. Where items are specified to be paid by the cubic yard, the following tally 05/06/2021 50 system shall be used. All trucks to be employed on this Work will be measured to determine the volume of each truck. Each truck shall be clearly numbered, to the satisfaction of the Engineer, and there shall be no duplication of numbers. Duplicate tally tickets shall be prepared to accompany each truckload of material delivered on the project. All tickets received that do not contain the following information will not be processed for payment: 1 Truck number 2 Quantity and type of material delivered in cubic yards 3 Driver ’s name, date and time of delivery 4 Location of delivery, by street and stationing on each street 5 Place for the Engineer to acknowledge receipt 6 Pay item number 7 Contract number and/or name It will be the Contractor's responsibility to see that a ticket is given to the Engineer on the project for each truckload of material delivered. Pay quantities will be prepared on the basis of said tally tickets. Loads will be checked by the Engineer to verify quantity shown on ticket. Quantities by Ton. It will be the Contractor's responsibility to see that a certified weight ticket is given to the Inspector on the project at the time of delivery of materials for each truckload delivered. Pay quantities will be prepared on the basis of said tally tickets, delivered to the Inspector at time of delivery of materials. Tickets not receipted by Inspector will not be honored for payment. Each truck shall be clearly numbered to the satisfaction of the Engineer and there shall be no duplication of numbers. Duplicate tickets shall be prepared to accompany each truckload of material delivered to the project. All tickets received that do not contain the following information will not be processed for payment: 1. Truck number 2. Truck tare weight (stamped at source) 3. Gross truckload weight in tons (stamped at source) 4. Net load weight (stamped at source) 5. Driver's name, date, and time of delivery 6. Location for delivery by street and stationing on each street 7. Place for the Engineer to acknowledge receipt 8. Pay item number 9. Contract number and/or name 1-09.3 Scope of Payment Section 1-09.3 is supplemented with the following: (******) The bid items listed in Section 1-09.14 will be the only items for which compensation will be made for the Work described in each section of the Standard Specifications when the Contractor performs the specified Work. Should a bid item be listed in a “Payment” clause but not in the Proposal Form, and Work for that item is performed by the Contractor and the Work is not stated as included in or incidental to a pay item in the Contract and is not Work that would be required to complete the intent of the Contract per Section 1-04.1, then payment for that Work will be made as for Extra Work pursuant to a Change Order. The words “Bid Item,” “Contract Item,” and “Pay Item,” and similar terms used throughout the Contract Documents are synonymous. If the “payment” clause in the Specifications relating to any unit bid item price in the Proposal Form requires that said unit bid item price cover and be considered compensation for certain Work or 05/06/2021 51 material essential to the item, then the Work or material will not be measured or paid for under any other unit bid item which may appear elsewhere in the Proposal Form or Specifications. Pluralized unit bid items appearing in these Specifications are changed to singular form. Payment for bid items listed or referenced in the “Payment” clause of any particular section of the Specifications shall be considered as including all of the Work required, specified, or described in that particular section. Payment items will generally be listed generically in the Specifications, and specifically in the bid form. When items are to be “furnished” under one payment item and “installed” under another payment item, such items shall be furnished FOB project site, or, if specified in the Special Provisions, delivered to a designated site. Materials to be “furnished,” or “furnished and installed” under these conditions, shall be the responsibility of the Contractor with regard to storage until such items are incorporated into the Work or, if such items are not to be incorporated into the Work, delivered to the applicable Contracting Agency storage site when provided for in the Specifications. Payment for material “furnished,” but not yet incorporated into the Work, may be made on monthly estimates to the extent allowed. 1-09.6 Force Account Section 1-09.6 is supplemented with the following: (******) Contracting Agency has estimated and included in the proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of the Contractor’s total bid. However, the Contracting Agency does not warrant expressly or by implication that the actual amount of Work will correspond with those estimates. Payment will be made on the basis of the amount of Work actually authorized by the Engineer. 1-09.7 Mobilization Section 1-09.7 is supplemented with the following: (******) Mobilization shall also include, but not be limited to, the following items: the movement of Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of an office, buildings, and other facilities necessary for Work on the project; providing sanitary facilities for the Contractor's personnel; and obtaining permits or licenses required to complete the project not furnished by the Contracting Agency. This item shall also include providing the Engineer and the Inspectors with access to telephone, facsimile machine, and copy machine during all hours the Contractor is working on the jobsite; and a table and chair for their use when needed. Payment will be made for the following bid item(s): “Mobilization & Demobilization,” Lump Sum. 1-09.9 Payments Delete the fourth paragraph and replace it with the following: (******) Progress payments for completed Work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction meeting. The initial progress estimate will be made not later than 30 days after the Contractor commences the Work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the Work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 05/06/2021 52 1. Unit Price Items in the Bid Form – the approximate quantity of acceptable units of Work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form – the estimated percentage complete multiplied by the Bid Forms amount for each lump sum item, or per the schedule of values for that item. 3. Materials on Hand – 100 percent of invoiced cost of material delivered to job site or other storage area approved by the Engineer. 4. Change Orders – entitlement for approved extra cost or completed extra Work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1); 2. The amount of Progress Payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for Work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any Work has been satisfactorily completed. Payments will be made by check or electronic transfer, issued by the Contracting Agency’s fiscal officer, against the appropriate fund source for the project. Payments received on account of Work performed by a subcontractor are subject to the provisions of RCW 39.04.250. Section 1-09.9 is supplemented with the following: (******) Applications for payment shall be itemized and supported to the extent required by the Engineer by receipts or other vouchers showing payment for materials and labor, payments to subcontractors, and other such evidence of the Contractor's right to payment as the Engineer may direct, including “red line” as-built drawings showing work installed by the contractor during the progress payment period. The Contractor shall submit a progress report with each monthly request for a progress payment. The progress report shall indicate the estimated percent complete for each activity listed on the progress schedule (see Section 1-08.3) and a revised and updated schedule to reflect the most current project completion date. 1-09.9(1) Retainage Section 1-09.9(1) is supplemented with the following: (******) The retained amount shall be released as stated in the Standard Specifications if no claims have been filed against such funds as provided by law, and if the Contracting Agency has no unsatisfied claims against the Contractor. In the event claims are filed, the Contracting Agency shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims and to pay attorney's fees. In addition, the Contracting Agency shall withhold such amount as is required to satisfy any claims by the Contracting Agency against the Contractor, until such claims have been finally settled. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if requested, delivers to the Contracting Agency a complete release of all liens arising out of this Contract, or receipts in full in lieu thereof, and, if required in either case, an affidavit that so far as the Contractor has knowledge or information, the release and receipts include all labor and materials for which a lien could be filed: but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactorily to the Engineer to indemnify the Contracting Agency against the lien. If any lien remains unsatisfied after all payments are made, the Contractor shall reimburse to the Contracting Agency all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable engineer's and attorney's fees. 05/06/2021 53 1-09.9(2) Contracting Agency’s Right to Withhold and Disburse Certain Amounts Section 1-09.9(2) is a new section: (******) In addition to monies retained pursuant to RCW 60.28 and subject to RCW 39.04.250, RCW 39.12 and RCW 39.76, the Contractor authorizes the Engineer to withhold progress payments due or deduct an amount from any payment or payments due the Contractor which, in the Engineer’s opinion, may be necessary to cover the Contracting Agency’s costs for or to remedy the following situations: 1. Damage to another contractor when there is evidence thereof and a claim has been filed. 2. Where the Contractor has not paid fees or charges to public authorities of municipalities, which the Contractor is obligated to pay. 3. Utilizing material tested and inspected by the Engineer, for purposes not connected with the Work (Section 1-05.6). 4. Landscape damage assessments per Section 1-07.16. 5. For overtime Work performed by City personnel per Section1-08.0(3). 6. Anticipated or actual failure of the Contractor to complete the Work on time: a. Per Section 1-08.9 Liquidated Damages; or b. Lack of construction progress based upon the Engineer’s review of the Contractor’s approved progress schedule, which indicates the Work will not be complete within the contract time. When calculating an anticipated time overrun, the Engineer will make allowances for weather delays, approved unavoidable delays, and suspensions of the Work. The amount withheld under this subparagraph will be based upon the liquidated damages amount per day set forth in Contract Documents multiplied by the number of days the Contractor’s approved progress schedule, in the opinion of the Engineer, indicates the Contract may exceed the Contract Time. 7. Failure of the Contractor to perform any of the Contractor’s other obligations under the Contract, including but not limited to: a. Failure of the Contractor to provide the Engineer with a field office when required by the Contract Provisions. b. Failure of the Contractor to protect survey stakes, markers, etc., or to provide adequate survey Work as required by Section 1-05.4. c. Failure of the Contractor to correct defective or unauthorized Work (Section 1-05.7). d. Failure of the Contractor to furnish a Manufacturer’s Certificate of Compliance in lieu of material testing and inspection as required by Section 1-06.3. e. Failure to submit weekly payrolls, Intent to Pay Prevailing Wage forms, or correct underpayment to employees of the Contractor or subcontractor of any tier as required by Section 1-07.9. f. Failure of the Contractor to pay worker’s benefits (Title 50 and Title 51 RCW) as required by Section 1-07.10. g. Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08.3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this Section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency’s intent to do so, and if prior to the expiration of the 15-calendar day period, 1. No legal action has commenced to resolve the validity of the claims, and 2. The Contractor has not protested such disbursement. 05/06/2021 54 A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this Section will be made. A payment made pursuant to this section shall be considered as payment made under the terms and conditions of the Contract. The Contracting Agency shall not be liable to the Contractor for such payment made in good faith. 1-09.9(3) Final Payment Section 1-09.9(3) is a new section: (******) Upon Acceptance of the Work by the Contracting Agency, the final amount to be paid the Contactor will be calculated based upon a Final Progress Estimate made by the Engineer. Acceptance by the Contractor of the final payment shall be and shall operate as a release: 1. To the Contracting Agency of all claims and all liabilities of the Contractor, other than claims in stated amounts as may be specifically excepted in writing by the Contractor; 2. For all things done or furnished in connection with the Work; 3. For every act and neglect by the Contracting Agency; and 4. For all other claims and liability relating to or arising out of the Work. A payment (monthly, final, retainage, or otherwise) shall not release the Contractor or the Contractor’s Surety from any obligation required under the terms of the Contract Documents or the Contract Bond; nor shall such payment constitute a waiver of the Contracting Agency’s ability to investigate and act upon findings of non-compliance with the WMBE requirements of the Contract; nor shall such payment preclude the Contracting Agency from recovering damages, setting penalties, or obtaining such other remedies as may be permitted by law. Before the Work will be accepted by the Contracting Agency, the Contractor shall submit an affidavit, on the form provided by the Engineer, of amounts paid to certified disadvantaged (DB), minority (MBE) or women business enterprises (WBE) participating in the Work. Such affidavit shall certify the amounts paid to the DB, MBE or WBE subcontractors regardless of tier. On federally funded projects the Contractor may also be required to execute and furnish the Contracting Agency an affidavit certifying that the Contractor has not extended any loans, gratuity or gift and money pursuant to Section 1-07.19 of these Specifications. If the Contractor fails, refuses, or is unable to sign and return the Final Progress Estimate or any other documents required for the final acceptance of the Contract, the Contracting Agency reserves the right to establish a completion date and unilaterally accept the Contract. Unilateral acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer, to voluntarily submit such documents. If voluntary compliance is not achieved, formal notification of the impending unilateral acceptance will be provided by certified letter from the Engineer to the Contractor that will provide 30 calendar days for the Contractor to submit the necessary documents. The 30-calendar day deadline shall begin on the date of the postmark of the certified letter from the Engineer requesting the necessary documents. This reservation by the Contracting Agency to unilaterally accept the Contract will apply to contracts that are completed in accordance with Section 1-08.5 and for contracts that are terminated in accordance with Section 1- 08.10. Unilateral acceptance of the Contract by the Contracting Agency does not relieve the Contractor of the provisions under contract or of the responsibility to comply with all laws, ordinances, and federal, state, and local regulations that affect the Contract. The date the Contracting Agency unilaterally signs the Final Progress Estimate constitutes the final acceptance date (Section 1-05.12). 1-09.11 Disputes and Claims 05/06/2021 55 1-09.11(2) Claims Paragraph 5 is revised with the following: (******) Failure to submit with the Final Application for Payment such information and details as described in this section for any claim shall operate as a waiver of the claims by the Contractor as provided in Section 1-09.9. 1-09.11(3) Time Limitations and Jurisdiction Paragraph 1, Sentence 1 is revised with the following: (******) …such claims or causes of action shall be brought in the Superior Court of the county where the Work is performed. 1-09.13 Claims and Resolutions 1-09.13(3) Claims $250,000 or Less Delete this Section and replace it with the following: (******) The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less, submitted in accordance with Section 1-09.11 and not resolved by nonbonding ADR processes, shall be resolved through litigation, unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3)A Administration of Arbitration Revise the third paragraph to read: (******) The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters are located. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(3)B Procedures to Pursue Arbitration Section 1-09.13(3)B is supplemented with the following: (******) The findings and decision of the board of arbitrators shall be final and binding on the parties, unless the aggrieved party, within 10 days, challenges the findings and decision by serving and filing a petition for review by the superior court of King County, Washington. The grounds for the petition for review are limited to showing that the findings and decision: 1. Are not responsive to the questions submitted; 2. Is contrary to the terms of the contract or any component thereof; 3. Is arbitrary and/or is not based upon the applicable facts and the law controlling the issues submitted to arbitration. The board of arbitrators shall support its decision by setting forth in writing their findings and conclusions based on the evidence adduced at any such hearing. The arbitration shall be conducted in accordance with the statutes of the State of Washington and court decisions governing such procedure. The costs of such arbitration shall be borne equally by the Contracting Agency and the Contractor unless it is the board's majority opinion that the Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter case, all costs shall be borne by the Contractor. 05/06/2021 56 1-09.14 Payment Schedule Measurement and Payment Schedule for Bid Items in This Project Proposal Section 1-09.14 is a new section: (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 1 of 17 1-09.14 Payment Schedule (New Section) Project SWP-27-2057 General - Scope A. Payment for the various Bid Items, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public regulations of public agencies having jurisdiction, including Safety and Health Administration of the US Department of Labor (OSHA). B. The Owner shall not pay for material quantities that exceed the actual measured amount used and approved by the ENGINEER. C. It is the intention of these specifications that the performance of all work under the bid for each item shall result in the complete construction, in an accepted operating condition, of each item. Work and material not specifically listed in the proposal but required in the plans, specifications, and general construction practice, shall be considered incidental to the construction of the project and the Contractor shall include the cost within the unit bid prices. No separate payment will be made for incidental items. 1-09.14(1) Basic Bid (New Section) This section is an outline of the basic bid items that will determine the low bidder for this project. Measurement and Payment, where described in a bid item, shall supercede Measurement and Payment listed in other sections of the Special Provisions and Standard Specifications. Basis For Award The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedule items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the bid to meet the needs of the City. The intent is to award to only one Bidder. Permits and Construction The Contractor is responsible for complying with the Hydraulic Project Approvals (HPAs) issued by the Washington State Department of Fish and Wildlife, and the Nation Wide Permits (NWPs) issued by the Army Corps of Engineers. All work below the ordinary high water line for both projects shall occur between July 1 and August 31 in each year. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 2 of 17 Maplewood Creek Sediment Basin Bid Item A-1 & C-1: Mobilization (LS) This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during project construction. This item also includes final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. Any spilled gravel on the golf course, cart paths, next to the creek, and in any other areas shall be removed. The parking lot, access road, and cart paths shall be swept and all debris removed at the end of the project. Contractor use of the parking lot south of the sediment basin is limited to the area shown on the plans. The adjacent areas may be used for golf course parking. The Contractor shall avoid inconveniencing patrons and vehicles using those areas. The Contractor is responsible for any damage and injury to private vehicles, property, and persons per Standard Specifications Section 1-07.14. Golf course customers and grounds workers use the two bridges across Maplewood Creek, north of the flow splitter structure, to reach the parking area and to travel between fairways. They also use the cart paths west of the creek. The Contractor shall give golf course users right-of-way on the bridge and cart paths when working on the project site. The Contractor shall not block the cart paths when working on the project site. Work Day Restrictions - 2021 Work restrictions are listed below. July 1 - August 31 – HPA limit on work below OHWL July 5 – Holiday. No work on entire project Sept. 6 – Holiday. No work on entire project. No work on weekends without City approval Work Day Restrictions - 2022 Work restrictions are listed below. July 1 - August 31 – HPA limit on work below OHWL July 4 – Holiday. No work on entire project Sept. 5 – Holiday. No work on entire project. No work on weekends without City approval Machinery shall not be started before 7 am on any day. The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than August 31 in each year to comply with the HPA permit. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 3 of 17 The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1- 07.5. The Contractor shall prepare a Work Plan, which shall include the following: A. Proposed construction schedule and sequence for all major items of work. B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. Storage shall not interfere with use of the City ROW, golf course parking, and commercial and residential access. The Work Plan shall be submitted to the City for review, revision, and approval within 10 working days of the contract award. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. 80% of this item shall be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining 20% of this item shall be included in the final pay estimate in each year issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Bid Item A-2 & C-2: Construction Surveying, Staking, and As-built (LS) Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. The as-built survey shall be per Special Provisions Section 1-05.4(4). All work shall be located per the City of Renton Survey Control Network. The known points of the concrete structures in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as-built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 4 of 17 certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. Measurement for this bid item shall be per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as- constructed field (as-built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. Payment may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as- built information and submittals by the Engineer. Bid Item A-3 & C-3: Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (LS) This item includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, draining the sediment basin, and coordination with adjacent private property owner regarding water supply to a private fish pond. See the description and photos of 1999 cleaning for an example of the work and techniques needed. During all work at least 3/4 of the flow shall be kept moving downstream at all times so the creek is not dewatered and fish life is not adversely affected while work is occurring. Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 18-inch bypass inlet. The bypass dam will divert the entire flow from the creek into the 18- inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe plus 3 inches. Materials to be used for the bypass dam shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed and used to collect any water running under the bypass dam and redirect it back into the bypass pipe. Pumping shall be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam is completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 5 of 17 Drain Sediment Basin After the bypass dam is installed and the creek is diverted, the sediment basin shall be drained using the 8-inch valves in the concrete structures. Before draining starts the Contractor will place plastic sheeting anchored by sandbags on the bottom of the basin, 5 to 6 feet out from the valves, to help reduce the amount of bottom sediment that may be stirred up and discharged through the valves. After the water is drained as low as the valves will allow, the Contractor shall use a portable pump to completely dewater the sediment basin. The 8-inch underdrain may also be opened to allow the sediment to dewater. If the water from the valves is too silty to discharge to the creek other means may be used to dewater the sediment. The contractor shall not discharge sediment laden water to the creek. Fish Rescue All fish life shall be rescued from the creek and sediment basin and transferred to the downstream creek per the HPA permit and requirements. The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor shall remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. Coordination with Private Property Owner The private property owner (Mr. Casey McCarthy) on the east side of Maplewood Creek operates a fishpond on his property. The Contractor will be responsible for coordinating with Mr. McCarthy to keep sediment laden water from entering his fish pond while the basin is being cleaned. The City will assist the Contractor with coordination by notifying Mr. McCarty of the work prior to the anticipated start date. During the maintenance period, the Contractor will be responsible for closing the inlet valve (located on the east side of the overflow spillway) that supplies water to the McCarty fish pond. The valve must be closed before dewatering begins to avoid discharge of any silt laden water into the fish pond. After the inlet valve is close, Mr. McCarty will be responsible for supplying water to his fish pond from the creek next to his property. He usually places a small pump in the creek adjacent to his property. The Contractor will be responsible for not disturbing Mr. McCarty’s pump, and notifying McCarty at least 24 hours before the work starts. Measurement for this bid item shall be made per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all design, labor, equipment and materials required to complete this item of work in accordance with the Contract Documents. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 6 of 17 Bid Item A-4 & C-4: Remove, Haul, and Dispose of Sediment (LS) This item includes removing the accumulated sediment from all locations including: • The sediment basin and the channel at the north end of the basin as shown on the plans • Sediment in the sediment basin and upper channel shall be excavated using a smooth bucket to avoid damaging the imported backfill layer and PVC liner. • Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. • Only singe dump trucks shall be used across the bridge to the sediment basin, no truck and trailer combinations. • Contractor shall immediately clean any dirt or debris spilled in the golf course parking lot and driving travel lanes. Sediment removal and hauling shall comply with the Work Day Restrictions identified in Bid Item A-1 & C-1. Sediment Basin The accumulated sediment above the imported backfill layer shall be removed and disposed of offsite. The sediment basin and channel at the north end of the basin have a layer of imported backfill about 12-inch thick placed above a PVC liner. The imported backfill layer is different from the accumulated sediment and it is possible to differentiate between the two materials by sight and feel. The contractor shall use the sediment basin construction plans and as-built plans to help locate the top of the 12-inch imported backfill layer. Caution: in some areas the imported backfill layer may be only 2- to 3-inches thick. The Contractor shall hand dig test holes to confirm the location and elevation of the backfill layer and PVC liner as needed during construction. The Contractor shall also dig test holes at various locations. Test holes are most likely needed at the edges of the basin where the PVC liner is close to the surface. All costs to dig all test holes is incidental to this bid item. The work includes cleaning the sediment out of the McCarty valve standpipe. The contractor shall loosen the clamps holding the standpipe, remove it and cleanout any sediment present. The replace and standpipe and tighten the clamps to hold it in place. Upper Channel The accumulated sediment in the upper channel north of the sediment basin will be removed to restore the area so it is similar to the as-built plans and the post construction photos. The center section of the channel is approximately 8 to 12 feet wide and has rock berms at several locations along across the bottom of the channel and along the sides. In the center of the channel sediment shall be removed to expose the top of the rock berms. Along the sides sediment must be carefully removed from between the rock berms without disturbing them. Approximately 18- to 24-inches of the rock berms should be exposed. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 7 of 17 Some rocks may need to be adjusted to the berms to return them to the proper shape and alignment. The PVC liner is close to the top of backfill in this area so hand dug test holes may be needed to verify the liner location. All adjustments for the rock berms, are considered incidental. No extra payment will be made for any adjustments directed by the City. PVC Liner The contractor is responsible for protecting the PVC liner under the sediment basin and upper channel during excavation and is responsible for repairing any damage to the liner caused by construction. Damage could occur by not hand digging test holes to confirm the liner location, excavating too deep, and not properly protecting the liner from potential damage from vehicle traffic. Any major punctures or tears shall be repaired by seaming a new PVC patch over the affected area in accordance with manufacturer’s recommendation and industry practice. Seaming shall be done by a company with experience in PVC liner construction and seaming. Minor tears may be repaired by other means (tape or gluing), if approved by the City. All repair any damage to the liner resulting from construction shall be incidental. No extra compensation will be made. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. The quantity estimates is approximately 1,100 cubic yards of sediment needed to be removed for the project. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. Bid Item A-5 & C-5: Refill Basin, Remove Bypass Dam, Restore Bank (LS) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 8 of 17 This item includes refilling the sediment basin with water, restoring flow into the sediment basin and fish ladder, removing materials related to the installation of temporary bypass dam and second dam, and restoring any banks and vegetation disturbed by the work. The basin shall not be refilled until the as-built survey has been performed and the results have been reviewed and approved by the City. If the City determines additional sediment needs to be removed based on the survey results, the additional sediment shall be removed and the area resurveyed at no extra cost to the City. During the refilling process at least 3/4 the creek flow shall be kept flowing to the fish channel on the golf course via the bypass pipe at all times. The Contractor shall plan the work so that the basin will be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam and second dam can be removed the next day. The work shall include rebuilding and compacting the bank on the west side of the basin where it was eroded by the creek. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. This item includes any and all work needed to restore the banks next to the sediment basin and other areas after cleaning including but not limited to regrading the banks, replacing rip- rap, grading, raking, and topsoil placement. Measurement for this bid item shall be made per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item A-6 & C-6: Remove and Adjust Existing Rock Berms (LS) This item includes moving and adjusting existing rock berms in the sediment basin area as shown on the plans and/or as directed by the City. The Contractor may consider using machinery to lower rock berms into place, move, and adjust rock berms into position where possible. Hand labor may be needed to adjust rock berms to final locations in areas not accessible by machinery. The Contractor shall not remove excess vegetation, or damage adjacent trees, the creek bed or banks. The rock berm locations and adjustments will be directed by the City. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Bid Item A-7 & C-7: Hydroseeding (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, upper channel, on any areas of the outer banks where vegetation was disturbed by the work. Hydroseeding shall be per Special Provisions Section H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 9 of 17 9-14.5(10). A layer of straw mulch shall be placed over all hydroseed areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this bid item shall be per square feet. Payment for this bid item shall be made per square feet bid amount and considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item A-8 & C-8: COVID-19 Health and Safety Plan (CHSP) and Implementation (LS) The Contractor shall prepare a project specific COVID-19 Health and Safety Plan (CHSP). The CHSP shall be prepared and submitted as a Type 2 Working Drawing prior to beginning physical Work. The Contractor shall update and resubmit the CHSP as the work progresses and new activities appear on the look ahead schedule required under Section 1-08.3(2)D. If the conditions change on the project, or a particular activity, the Contractor shall update and resubmit the CHSP. Work on any activity shall cease if conditions prevent full compliance with the CHSP. The CHSP shall address the health and safety of all people associated with the project including Contracting Agency workers in the field, Contractor personnel, consultants, project staff, subcontractors, suppliers and anyone on the project site, staging areas, or yards. The plan shall address all elements of the Washington State Governor’s Phase 1 Construction Restart COVID-19 Job Site Requirements. The Contractor shall grant full and unrestricted access to the Contracting Agency for CHSP Inspections. The Contracting Agency will conduct periodic compliance inspections on the project site, staging areas, or yards to verify that any ongoing work activity is following the CHSP plan. If the Contracting Agency becomes aware of a noncompliance incident either through a site inspection or other means, the Contractor will be notified immediately. The Contractor shall immediately remedy the noncompliance incident or suspend all or part of the associated work activity. If a suspension is necessary the Contractor shall satisfy the Contracting Agency that the noncompliance incident has been corrected before the suspension will end. Measurement for this bid item shall be per, lump sum. The lump sum Contract price for “COVID-19 Health and Safety Plan (CHSP) and Implementation” shall be full pay for all costs, including but not limited to, preparing, submitting, revising, and resubmitting revisions for the plan. The lump sum Contract price H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 10 of 17 will also include the health and safety measures, PPE, and implementation necessitated by the plan. The COVID-19 Health and Safety Plan (CHSP) and Implementation bid item is exempt from section 1-04.6 and no price adjustment will be made for variation in actual quantity used. Bid Item A-9 & C-9: Minor Changes (Est.) This item is intended for use by the City to pay for any minor changes that may be needed for project cleaning. It does not apply to work that is part of or incidental to other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this estimated may be used in lieu of the more formal change order procedure as outlined in Standard Specifications Section 1-04.4(1). Any work and payment under this item must be authorized in writing by the City Project Manager. Payment will be determined in accordance with Standard Specification Section 1- 09.4. Measurement of Minor Change shall be per Estimated. Payment for this bid item will be prorated for the changes and amounts approved in writing by the City. If no changes are authorized the final payment for this bid item will be $0 (zero). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 11 of 17 Madsen Creek Sediment Basin Bid Item B-1 & D-1: Mobilization (LS) This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during construction. This item also includes final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. All debris and excess materials shall be removed from the project area at the end of the job. Work Day Restrictions - 2021 Work restrictions are listed below. July 1 - August 31 – HPA limit on work below OHWL July 5 – Holiday. No work on entire project Sept. 6 – Holiday. No work on entire project. No work on weekends without City approval Work Day Restrictions - 2022 Work restrictions are listed below. July 1 - August 31 – HPA limit on work below OHWL July 4 – Holiday. No work on entire project Sept. 5 – Holiday. No work on entire project. No work on weekends without City approval Machinery shall not be started before 7 am on any day. The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than August 31 in each year to comply with the HPA permit. The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1- 07.5. The Contractor shall prepare a Work Plan, which shall include the following: A. Proposed construction schedule and sequence for all major items of work. B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 12 of 17 C. The Contractor shall provide a lock to place in the daisy chain of locks on the access road gate. At the end of the work the Contractor shall remove the lock. Measurement of Mobilization, Cleanup, and Demobilization shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. 80% of this item will be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining 20% of this item will be included in the final pay estimate in each year issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Bid Item B-2 & D-2: Construction Surveying, Staking, and As-built (Lump Sum) Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. The as-built survey shall be per Special Provisions Section 1-05.4(4). All work shall be located per the City of Renton Survey Control Network. The known points as shown in the construction plans in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as-built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. Measurement for this bid item shall be per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as- constructed field (as-built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 13 of 17 Payment may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as- built information and submittals by the Engineer. Bid Item B-3 & D-3: Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (LS) This item includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, and draining the sediment basin. See the description and photo of 1999 cleaning for examples of the work and techniques needed. During all work approximately 3/4 of the flow shall be kept moving downstream so the creek is not dewatered and fish life is not adversely affected while work is occurring. Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 24-inch bypass pipe inlet. The bypass dam will divert the entire flow from the creek into the 24-inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe, plus 3 inches. Materials to be use shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed to collect any water running under the first bypass dam and redirect it back into the bypass pipe. Pumping may be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam will be completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. Drain Sediment Basin After the bypass dam is constructed and the creek is diverted, the sediment basin shall be completely drained using a portable pump. The contractor shall not discharge sediment laden water to the creek. Water with excess sediment may be discharged to a grassy area to filter the sediment out and allow clean water to run to the creek. Fish Rescue All fish and other aquatic life shall be rescued from the creek and sediment basin, and transferred to the downstream creek per the HPA Permit and requirements. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 14 of 17 The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor will remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all design, labor equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. Bid Item B-4 & D-4: Remove, Haul, and Dispose of Sediment (LS) This item includes removing the accumulated sediment from the sediment basin area. Sediment in the sediment basin shall be excavated using a smooth bucket to avoid damaging the rip-rap rock layer on the sides of the basin. Sediment removal and hauling shall comply with the Work Day Restrictions. Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. Sediment Basin The accumulated sediment shall be removed in the basin shall be removed and disposed of offsite. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. The quantity estimates is approximately 1,000 cubic yards of sediment needed to be removed from the sediment basin area. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 15 of 17 Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment shall be prorated as the work is accomplished. Bid Item B-5 & D-5: Refill Basin, Remove Bypass Dam, Restore Bank (LS) This item includes refilling the sediment basin with water, restoring flow into the sediment basin, removing all temporary bypass dams, and restoring any banks and vegetation disturbed by the work. During the refilling process approximately 3/4 the creek flow shall be kept flowing to the downstream channel at all times. The Contractor shall plan the work so that the basin can be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam can be removed the next day. This item includes any and all work needed to restore the banks next to the sediment basin after cleaning, including but not limited to regrading the banks, replacing rip-rap, grading, raking, and topsoil placement. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item B-6 & D-6: Hydroseeding (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, on any areas where vegetation was disturbed by the work, and on any bare or sparse areas. All areas for hydroseeding shall be identified and review with the City for approval prior to placement. Hydroseeding shall be per Special Provisions Section 9-14.5(10). A layer of straw mulch shall be placed over all hydroseeded areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this bid item shall be per square feet. Payment for this bid item shall be made per square feet bid amount and considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans and in accordance with the Contract Documents. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 16 of 17 Bid Item B-7 & D-7: COVID-19 Health and Safety Plan (CHSP) and Implementation (LS) The Contractor shall prepare a project specific COVID-19 Health and Safety Plan (CHSP). The CHSP shall be prepared and submitted as a Type 2 Working Drawing prior to beginning physical Work. The Contractor shall update and resubmit the CHSP as the work progresses and new activities appear on the look ahead schedule required under Section 1-08.3(2)D. If the conditions change on the project, or a particular activity, the Contractor shall update and resubmit the CHSP. Work on any activity shall cease if conditions prevent full compliance with the CHSP. The CHSP shall address the health and safety of all people associated with the project including Contracting Agency workers in the field, Contractor personnel, consultants, project staff, subcontractors, suppliers and anyone on the project site, staging areas, or yards. The plan shall address all elements of the Washington State Governor’s Phase 1 Construction Restart COVID-19 Job Site Requirements. The Contractor shall grant full and unrestricted access to the Contracting Agency for CHSP Inspections. The Contracting Agency will conduct periodic compliance inspections on the project site, staging areas, or yards to verify that any ongoing work activity is following the CHSP plan. If the Contracting Agency becomes aware of a noncompliance incident either through a site inspection or other means, the Contractor will be notified immediately. The Contractor shall immediately remedy the noncompliance incident or suspend all or part of the associated work activity. If a suspension is necessary the Contractor shall satisfy the Contracting Agency that the noncompliance incident has been corrected before the suspension will end. Measurement for this bid item shall be per, lump sum. The lump sum Contract price for “COVID-19 Health and Safety Plan (CHSP) and Implementation” shall be full pay for all costs, including but not limited to, preparing, submitting, revising, and resubmitting revisions for the plan. The lump sum Contract price will also include the health and safety measures, PPE, and implementation necessitated by the plan. The COVID-19 Health and Safety Plan (CHSP) and Implementation bid item is exempt from section 1-04.6 and no price adjustment will be made for variation in actual quantity used. Bid Item B-8 & D-8: Minor Changes (Est.) This item is intended for use by the City to pay for any minor changes that may be needed for project cleaning. It does not apply to work that is part of or incidental to other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this estimated may be used in lieu of the more formal change order procedure as outlined in Standard Specifications Section 1-04.4(1). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2021 Pond Cleaning\1100 Design and Planning\1602 SPECS-2021\27-BID ITEMS Section1-09-14-2021 Section 1-09.14 Bid Items, Page 17 of 17 Any work and payment under this item must be authorized in writing by the City Project Manager or Supervisor. Payment will be determined in accordance with Standard Specification Section 1-09.4. Measurement of Minor Changes shall be per estimated. Payment for this bid item will be prorated for the changes and amounts approved in writing by the City. If no changes are authorized the final payment for this bid item will be $0 (zero). 05/06/2021 57 1-10 TEMPORARY TRAFFIC CONTROL 1-10.1 General 1-10.1(2) Description Delete the first paragraph and replace with: (******) The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Contracting Agency. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor’s operations which may occur on highways, roads, streets, sidewalks, or paths. No Work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place. Section 1-10.1(2) is supplemented with the following: (******) When the bid proposal includes an item for “Traffic Control,” the Work required for this item shall be all items described in Section 1-10, including, but not limited to: 1. Furnishing and maintaining barricades, flashers, construction signage, and other channelization devices, unless a pay item is in the bid proposal for any specific device and the Special Provisions specify furnishing, maintaining, and payment in a different manner for that device; 2. Furnishing traffic control labor, equipment, and supervisory personnel for all traffic control labor; 3. Furnishing any necessary vehicle(s) to set up and remove traffic control devices; 4. Furnishing labor and vehicles for patrolling and maintaining all of the construction signs and the traffic control devices, unless a pay item is in the bid proposal to specifically pay for this Work; 5. Furnishing labor, material, and equipment necessary for cleaning up, removing, and replacing of the construction signs and the traffic control devices destroyed or damaged during the life of the project. 6. Removing existing signs as specified or as directed by the Engineer and delivering to the City Shops, or storing and reinstalling as directed by the Engineer. 7. Preparing a traffic control plan for the project and designating the person responsible for traffic control at the Work site. The traffic control plan shall include descriptions of the traffic control methods and devices to be used by the prime Contractor, and subcontractors, shall be submitted at or before the preconstruction conference, and shall be subject to review and approval of the Engineer. 8. Contacting police, fire, 911, and ambulance services to notify them in advance of any Work that will affect and traveled portion of a roadway. 9. Assuring that all traveled portions of roadways are open to traffic during peak traffic periods, 6:30 a.m. to 8:30 a.m., and 3:00 p.m. to 6:00 p.m., or as specified in the special provisions, or as directed by the Engineer. 10. Promptly removing or covering all non-applicable signs during periods when they are not needed. If the Engineer requires the Contractor to furnish additional channelizing devices, pieces of equipment, or services, which could not be usually anticipated by a prudent Contractor for the maintenance and protection of traffic, then a new item or items may be established to pay for such items. Further limitations for consideration of payment for these items are that they are not covered by other pay items in the bid proposal, they are not specified in the Special Provisions as incidental, and the accumulative cost for the use of each individual channelizing device, piece of equipment, or service must exceed $200 in total cost for the duration of their need. In the event of disputes, the Engineer will determine what is usually anticipated by a prudent Contractor. The cost for these items will be by agreed price, price established by the Engineer, or by force account. Additional items 05/06/2021 58 required as a result of the Contractor’s modification to the traffic control plan(s) appearing in the Contract shall not be covered by the provisions in this paragraph. If the total cost of all the Work under the Contract increases or decreases by more than 25 percent, an equitable adjustment will be considered for the item “Traffic Control” to address the increase or decrease. Traffic control and maintenance for the safety of the traveling public on this project shall be the sole responsibility of the Contractor and all methods and equipment used will be subject to the approval of the Contracting Agency. Tr affic control devices and their use shall conform to City of Renton standards and the Manual on Uniform Traffic Control Devices (MUTCD). Any days lost due to improper traffic control will be charged against the Contractor’s allowable contract time, and shall not be the cause for a claim for extra days to complete the Work. If no bid item “Traffic Control” appears in the proposal, then all Work required by these sections will be considered incidental and their cost shall be included in the other items of Work. 1-10.2(1)B Traffic Control Supervisor Paragraphs 1 and 2 are deleted in their entirety and replaced with the following: (******) A Traffic Control Supervisor (TCS) shall be on the project whenever traffic control labor is required or as authorized by the Engineer. The TCS shall assure that all the duties of the TCS are performed during the duration of the Contract. During non-Work periods, the TCS shall be able to be on the job site within a 45-minute time period after notification by the Engineer. 1-10.2(2) Traffic Control Plans Section 1-10.2(2) is supplemented with the following: (******) 1-10.3 Traffic Control Labor, Procedure, and Devices Section 1-10.3 is supplemented with the following: (******) At the end of each working day, provisions shall be made for the safe passage of traffic and pedestrians during non-working hours. 1-10.3(3) Traffic Control Devices 1-10.3(3)A Construction Signs Section 1-10.3(3)A paragraph 3 is supplemented with the following: (******) No separate pay item will be provided in the bid proposal for Class A or Class B construction signs. All costs for the Work to provide Class A or Class B construction signs shall be included in the unit contract price for the various other items of the Work in the bid proposal. 1-10.4 Measurement Section 1-10.4 is deleted in its entirety and replaced with: (******) No specific unit of measurement will apply to the lump sum item of “Traffic Control”. 05/06/2021 59 No adjustment in the lump sum bid amount will be made for overtime Work or for use of relief flaggers. 1-10.5 Payment Section 1-10.5 is deleted in its entirety and replaced with: (******) Payment for all labor, materials, and equipment described in Section 1-10 will be made in accordance with Section 1-04.1, for the following bid items when included in the proposal: “Traffic Control,” Lump Sum. 1-11 RENTON SURVEYING STANDARDS The following is a new section with new subsections: (******) 1-11.1(1) Responsibility for Surveys All surveys and survey reports shall be prepared under the direct supervision of a person registered to practice land surveying under the provisions of Chapter 18.43 RCW. All surveys and survey reports shall be prepared in accordance with the requirements established by the Board of Registration for Professional Engineers and Land Surveyors under the provisions of Chapter 18.43 RCW. 1-11.1(2) Survey Datum and Precision The horizontal component of all surveys shall have as its coordinate base: The North American Datum of 1983/91. All horizontal control for projects must be referenced to or in conjunction with a minimum of two of the City of Renton's Survey Control Network monuments. The source of the coordinate values used will be shown on the survey drawing per RCW 58.09.070. The horizontal component of all surveys shall meet or exceed the closure requirements of WAC 332- 130-110. The control base lines for all surveys shall meet or exceed the requirements for a Class A survey revealed in Table 2 of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA and ACSM in 1992 or comparable classification in future editions of said document. The angular and linear closure and precision ratio of traverses used for survey control shall be revealed on the face of the survey drawing, as shall the method of adjustment. The horizontal component of the control system for surveys using global positioning system methodology shall exhibit at least 1 part in 50,000 precision in line length dependent error analysis at a 95 percent confidence level and performed pursuant to Federal Geodetic Control Subcommittee Standards for GPS control surveys as defined in Geometric Geodetic Accuracy Standards & Specifications for Using GPS Relative Positioning Techniques dated August 1, 1989, or comparable classification in future editions of said document. The vertical component of all surveys shall be based on NAVD 1988, the North American Vertical Datum of 1988, and tied to at least one of the City of Renton Survey Control Network benchmarks. If there are two such benchmarks within 3000 feet of the project site a tie to both shall be made. The benchmark(s) used will be shown on the drawing. If a City of Renton benchmark does not exist within 3000 feet of a project, one must be set on or near the project in a permanent manner that will remain intact throughout the duration of the project. Source of elevations (benchmark) will be shown on the drawing, as well as a description of any benchmarks established. 1-11.1(3) Subdivision Information Those surveys dependent on section subdivision shall reveal the controlling monuments used and the subdivision of the applicable quarter section. 05/06/2021 60 Those surveys dependent on retracement of a plat or short plat shall reveal the controlling monuments, measurements, and methodology used in that retracement. 1-11.1(4) Field Notes Field notes shall be kept in conventional format in a standard bound field book with waterproof pages, and/or in an electronic field book/data collector format in an unedited, original field- produced state capable of being printed. In all cases, original field notes must be dated with the day the field work was performed and include a sketch and with a record of control and base line traverses describing station occupations and what measurements were made at each point. Every point located or set shall be identified by a number and a description. Point numbers shall be unique within a complete job. The preferred method of point numbering is field notebook, page and point set on that page. Example: The first point set or found on page 16 of field book 348 would be identified as Point No. 348.16.01, the second point would be 348.16.02, etc. Upon completion of a City of Renton project, either the field notebook(s) provided by the City or the original field notebook(s) used by the Surveyor will be given to the City. For all other Work, Surveyors will provide a copy of the notes to the City upon request. In those cases where an electronic data collector is used, a hard copy print out in ASCII text format will accompany the field notes. 1-11.1(5) Corners and Monuments Corner: A point on a land boundary, at the juncture of two or more boundary lines. A monument is usually set at such points to physically reference a corner's location on the ground. Monument: Any physical object or structure of record, which marks or accurately references: • A corner or other survey point established by or under the supervision of an individual per Section 1-11.1(1) and any corner or monument established by the General Land Office and its successor the Bureau of Land Management including section subdivision corners down to and including one-sixteenth corners; and • Any permanently monumented boundary, right-of-way alignment, or horizontal and vertical control points established by any governmental agency or private surveyor including street intersections but excluding dependent interior lot corners. 1-11.1(6) Control or Base Line Survey Control or Base Line Surveys shall be established for all construction projects that will create permanent structures such as roads, sidewalks, bridges, utility lines or appurtenances, signal or light poles, or any non-single family building. Control or Base Line Surveys shall consist of such number of permanent monuments as are required such that every structure may be observed for staking or "as- builting" while occupying one such monument and sighting another such monument. A minimum of two of these permanent monuments shall be existing monuments, recognized and on record with the City of Renton. The Control or Base Line Survey shall occupy each monument in turn, and shall satisfy all applicable requirements of Section 1-11.1 herein. The drawing depicting the survey shall be neat, legible, and drawn to an appropriate scale. North orientation should be clearly presented and the scale shown graphically as well as noted. The drawing must be of such quality that a reduction thereof to one-half original scale remains legible. If recording of the survey with the King County Recorder is required, it will be prepared on 18-inch by 24-inch mylar and will comply with all provisions of Chapter 58.09 RCW. A photographic mylar of the drawing will be submitted to the City of Renton and, upon their review and acceptance per the specific requirements of the project, the original will be recorded with the King County Recorder. If recording is not required, the survey drawing shall be prepared on 22-inch by 34-inch mylar, and the original or a photographic mylar thereof will be submitted to the City of Renton. 05/06/2021 61 The survey drawings shall meet or exceed the requirements of WAC 332-130-050 and shall conform to the City of Renton's Drafting Standards. American Public Works Association symbols shall be used whenever possible, and a legend shall identify all symbols used if each point marked by a symbol is not described at each use. An electronic listing of all principal points shown on the drawing shall be submitted with each drawing. The listing should include the point number designation (corresponding with that in the field notes), a brief description of the point, and northing, easting, and elevation (if applicable) values, all in ASCII format, on IBM PC compatible media. 1-11.1(7) Precision Levels Vertical Surveys for the establishment of benchmarks shall satisfy all applicable requirements of Sections 1-05 and 1-11.1. Vertical surveys for the establishment of benchmarks shall meet or exceed the standards, Specifications and procedures of third order elevation accuracy established by the Federal Geodetic Control Committee. Benchmarks must possess both permanence and vertical stability. Descriptions of benchmarks must be complete to insure both recoverability and positive identification on recovery. 1-11.1(8) Radial and Station -- Offset Topography Topographic surveys shall satisfy all applicable requirements of Section 1-11.1 herein. All points occupied or back sighted in developing radial topography or establishing baselines for station-offset topography shall meet the requirements of Section 1-11.1 herein. The drawing and electronic listing requirements set forth in Section 1-11.1 herein shall be observed for all topographic surveys. 1-11.1(9) Radial Topography Elevations for the points occupied or back sighted in a radial topographic survey shall be determined either by, 1) spirit leveling with misclosure not to exceed 0.1 feet or Federal Geodetic Control Committee third order elevation accuracy Specifications, OR 2) trigonometric leveling with elevation differences determined in at least two directions for each point and with misclosure of the circuit not to exceed 0.1 feet. 1-11.1(10) Station--Offset Topography Elevations of the baseline and topographic points shall be determined by spirit leveling and shall satisfy Federal Geodetic Control Committee Specifications as to the turn points and shall not exceed 0.1 foot's error as to side shots. 1-11.1(11) As-Built Survey All improvements required to be "as-built" (post construction survey) per City of Renton Codes, TITLE 4 Building Regulations and TITLE 9 Public Ways and Property, must be located both horizontally and vertically by a Radial survey or by a Station offset survey. The "as-built" survey must be based on the same base line or control survey used for the construction staking survey for the improvements being "as-built". The "as-built" survey for all subsurface improvements should occur prior to backfilling. Close cooperation between the installing Contractor and the "as-builting" surveyor is therefore required. All "as-built" surveys shall satisfy the requirements of Section 1-11.1(1) herein, and shall be based upon control or base line surveys made in conformance with these Specifications. The field notes for "as-built" shall meet the requirements of Section 1-11.1(4) herein, and submitted with stamped and signed "as-built" drawings which includes a statement certifying the accuracy of the "as-built". 05/06/2021 62 The drawing and electronic listing requirements set forth in Section 1-11.1(6) herein shall be observed for all "as-built" surveys. 1-11.1(12) Monument Setting and Referencing All property or lot corners, as defined in 1-11.1(5), established or reestablished on a plat or other recorded survey shall be referenced by a permanent marker at the corner point per 1-11.2(1). In situations where such markers are impractical or in danger of being destroyed, e.g., the front corners of lots, a witness marker shall be set. In most cases, this will be the extension of the lot line to a tack in lead in the curb. The relationship between the witness monuments and their respective corners shall be shown or described on the face of the plat or survey of record, e.g., “Tacks in lead on the extension of the lot side lines have been set in the curbs on the extension of said line with the curb." In all other cases the corner shall meet the requirements of Section 1-11.2(1) herein. All non-corner monuments, as defined in 1-11.1(5), shall meet the requirements of Section 1-11.2(2) herein. If the monument falls within a paved portion of a right-of-way or other area, the monument shall be set below the ground surface and contained within a lidded case kept separate from the monument and flush with the pavement surface, per Section 1-11.2(3). In the case of right-of-way centerline monuments all points of curvature (PC), points of tangency (PT), street intersections, center points of cul-de-sacs shall be set. If the point of intersection (PI) for the tangents of a curve fall within the paved portion of the right-of-way, a monument can be set at the PI instead of the PC and PT of the curve. For all non corner monuments set while under contract to the City of Renton or as part of a City of Renton approved subdivision of property, a City of Renton Monument Card (furnished by the city) identifying the monument; point of intersection (PI), point of tangency (PT), point of curvature (PC), one-sixteenth corner, Plat monument, street intersection, etc., complete with a description of the monument, a minimum of two reference points and NAD 83/91 coordinates, and NAVD 88 elevation shall be filled out and filed with the city. 1-11.2 Materials 1-11.2(1) Property/Lot Corners Corners per 1-11.1(5) shall be marked in a permanent manner such as 1/2 inch diameter rebar 24 inches in length, durable metal plugs or caps, tack in lead, etc., and permanently marked or tagged with the surveyor's identification number. The specific nature of the marker used can be determined by the surveyor at the time of installation. 1-11.2(2) Monuments Monuments per 1-11.1(5) shall meet the requirements as set forth in City of Renton Standard Plans page H031 and permanently marked or tagged with the surveyor's identification number. 1-11.2(3) Monument Case and Cover Materials shall meet the requirements of Section 9-22 and City of Renton Standard Plan H031. 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.1 Description Section 2-01.1 is supplemented with the following: (******) The limits of clearing and grubbing (construction limits) shall be defined as being the construction limit lines as shown in the Plans. Where, in the opinion of the Engineer, any trees abutting or adjacent to the limits of clearing and grubbing are damaged and require removal, the Contractor shall remove such trees. Any trees flagged by the Engineer to remain within the clearing and grubbing limits shall be left undamaged by the Contractor’s operations. Any flagged trees, which are damaged, shall be 05/06/2021 63 replaced in kind at the Contractor’s expense. Existing landscaping outside the construction limits, including but not limited to, sod, rockeries, beauty bark, decorative gravel or rock, bushes, and shrubbery shall be protected from damage. The property owners shall be responsible for removing and/or relocating irrigation equipment, trees, shrubs, curbing, ornamental plants, and any other decorative landscaping materials within the construction limits that they wish to save. The Contractor shall give property owners 10 days’ written notice prior to removing landscaping materials. All landscaping materials that remain in the construction limits after that time period shall be removed and disposed of, by the Contractor, in accordance with Section 2-01 and the Plans. The Contractor shall receive approval from the Engineer prior to removal. 2-01.2 Disposal of Usable Material and Debris Section 2-01.2 is supplemented with the following: (******) The Contractor shall dispose of all debris by Disposal Method No. 2 – Waste Site. 2-01.5 Payment Section 2-01.5 is supplemented with the following: (******) The lump sum price for “Clearing and Grubbing” shall be full compensation for all Work described herein and shown in the Plans, including removing trees and shrubbery where shown in the Plans and directed by the Engineer. 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters Section 2-02.3(3) is revised and supplemented with the following: (******) Item “1” is deleted and replaced with the following: Haul broken-up pieces to some off-project site. The section is supplemented with the following: In locations where pavement, sidewalk or driveway has been removed and that must remain open to traffic prior to final restoration, a temporary asphalt patch shall be installed. Temporary asphalt patches shall be in accordance with Section 5-06. 2-02.4 Measurement Section 2-02.4 replaces the existing vacant section: (******) Sawcutting existing cement and asphalt concrete pavements shall be measured by the linear foot along the sawcut, full depth. Wheel cutting of pavement will not be measured for separate payment, but shall be included in other items of Work. 2-02.5 Payment Section 2-02.5 is supplemented with the following: (******) "Saw Cutting", per lineal foot. "Remove Sidewalk", per square yard. "Remove Curb and Gutter", per lineal foot. "Cold Mix", per ton "Remove Asphalt Concrete Pavement," per square yard. "Remove Cement Concrete pavement," per square yard. "Remove existing ___________," per ___________. 05/06/2021 64 All costs related to the removal and disposal of structures and obstructions including saw cutting, excavation, backfilling, and temporary asphalt shall be considered incidental to and included in other items unless designated as specific bid items in the proposal. If pavements, sidewalks, or curbs lie within an excavation area and are not mentioned as separate pay items, their removal will be paid for as part of the quantity removed in excavation. If they are mentioned as a separate item in the proposal, they will be measured and paid for as provided under Section 2-02.5 and will not be included in the quantity calculated for excavation. 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.3 Construction Requirements Section 2-03.3 is supplemented with the following: (******) Roadway excavation shall include the removal of all materials excavated from within the limits shown on the Plans. Suitable excavated material shall be used for embankments, while surplus excavated material or unsuitable material shall be disposed of by the Contractor. Earthwork quantities and changes will be computed, either manually or by means of electronic data processing equipment, by use of the average end area method. Any changes to the proposed Work as directed by the Engineer that would alter these quantities shall be calculated by the Engineer and submitted to the Contractor for his review and verification. Any excavation or embankment beyond the limits indicated in the Plans, unless ordered by the Engineer, shall not be paid for. All Work and material required to return these areas to their original conditions, as directed by the Engineer, shall be provided by the Contractor at his sole expense. All areas shall be excavated, filled, and/or backfilled as necessary to comply with the grades shown on the Plans. In filled and backfilled areas, fine grading shall begin during the placement and the compaction of the final layer. In cut sections, fine grading shall begin within the final six (6) inches of cut. Final grading shall produce a surface, which is smooth and even, without abrupt changes in grade. Excavation for curbs and gutters shall be accomplished by cutting accurately to the cross sections, grades and elevations shown. Care shall be taken not to excavate below the specified grades. The Contractor shall maintain all excavations free from detrimental quantities of leaves, brush, sticks, trash, and other debris until final acceptance of the Work. Following removal of topsoil or excavation to grade, and before placement of fills or base course, the subgrade under the roadway shall be proof-rolled to identify any soft or loose areas which may warrant additional compaction or excavation and replacement. The Contractor shall provide temporary drainage or protection to keep the subgrade free from standing water. Acceptable excavated native soils shall be used for fill in the area requiring fills. Care shall be taken to place excavated material at the optimum moisture content to achieve the specified compaction. Any native material used for fill shall be free of organics and debris, and have a maximum particle size of 6 inches. It shall be the responsibility of the Contractor to prevent the native materials from becoming saturated with water. The measures may include sloping to drain, compacting the native materials, and diverting runoff away from the materials. If the Contractor fails to take such preventative measures, any costs or delay related to drying the materials shall be at his own expense. If the native materials become saturated, it shall be the responsibility of the Contractor to dry the materials, to the optimum moisture content. If sufficient acceptable native soils are not available to complete construction of the roadway embankment, Gravel Borrow shall be used. 05/06/2021 65 If subgrade trimmer is not required on the project, all portions of Section 2-03 shall apply as though a subgrade trimmer were specified. If sufficient acceptable native soils, as determined by the Engineer, are not available to complete construction of the roadway embankment, Gravel Borrow meeting the requirements of Section 9- 03.14 of the Standard Specifications, shall be used. 2-03.4 Measurement Section 2-03.4 is supplemented with the following: (******) At the discretion of the Engineer, roadway excavation, borrow excavation, and unsuitable foundation excavation - by the cubic yard (adjusted for swell) may be measured by truck in the hauling vehicle at the point of loading. The Contractor shall provide truck tickets for each load removed. Each ticket shall have the truck number, time and date, and be approved by the Engineer. 2-03.5 Payment Section 2-03.5 is revised with the following: (******) Payment for embankment compaction will not be made as a separate item. All costs for embankment compaction shall be included in other bid items involved. Payment will be made for the following bid items when they are included in the proposal: “Roadway Excavation Including Haul,” per cubic yard “Removal and Replacement of Unsuitable Foundation Material,” per ton “Gravel Borrow Including Haul,” per ton “Roadway Excavation Including Haul” shall be considered incidental and part of the bid item(s) provided for the installation of the utility mains and appurtenances. When the Engineer orders excavation below subgrade, then payment will be in accordance with the item “Removal and Replacement of Unsuitable Foundation Material”. In this case, all items of Work other than roadway excavation shall be paid at unit contract prices. The unit contract price per cubic yard for “Roadway Excavation Including Haul” shall be full pay for excavating, loading, placing, or otherwise disposing of the material. The unit contract price per ton for “Removal and Replacement of Unsuitable Foundation Material” shall be full pay for excavating, loading, and disposing of the material. Payment for embankment compaction will not be made as a separate item. All costs for embankment compaction shall be included in other bid items involved. 2-04 HAUL 2-04.5 Payment Delete Section 2-04.5 and replace with the following: (******) All costs for the hauling of material to, from, or on the job site shall be considered incidental to and included in the unit price of other units of Work. 2-06 SUBGRADE PREPARATION 2-06.5 Measurement and Payment Section 2-06.5 is supplemented with the following: (******) Subgrade preparation and maintenance including watering shall be considered as incidental to the construction and all costs thereof shall be included in the appropriate unit or lump sum contract bid prices. 05/06/2021 66 2-09 STRUCTURE EXCAVATION 2-09.1 Description Section 2-09.1 is supplemented with the following: (******) This Work also includes the excavation, haul, and disposal of all unsuitable materials such as peat, muck, swampy or unsuitable materials, including buried logs and stumps. 2-09.3(1)D Disposal of Excavated Material Section 2-09.3(1)D is revised with the following: (******) The second paragraph is deleted and replaced with: All costs for disposing of excavated material within or external to the project limits shall be included in the unit contract price for structure excavation, Class A or B. The third paragraph is deleted and replaced with: If the Contract includes structure excavation, Class A or B, including haul, the unit contract price shall include all costs for loading and hauling the material the full required distance, otherwise all such disposal costs shall be considered incidental to the Work. 2-09.4 Measurement The ninth paragraph of Section 2-09.4 is deleted and replaced with the following: (******) Gravel backfill - Gravel backfill, except when used as bedding for culvert, storm sewer, sanitary sewer, manholes, and catch basins, will be measured by the cubic yard in place determined by the neat lines required by the Plans or by the ton as measured in conformance with Section 1-09.2. … 2-09.5 Payment Section 2-09.5 is revised and supplemented with the following: (******) Payment will be made for the following bid items when they are included in the proposal: “Structure Excavation Class A”, per cubic yard. “Structure Excavation Class B”, per cubic yard. “Structure Excavation Class A Incl. Haul”, per cubic yard. “Structure Excavation Class B Incl. Haul”, per cubic yard. Payment for reconstruction of surfacing and paving, within the limits of structure excavation, will be at the applicable unit prices for the items involved. If the Engineer orders the Contractor to excavate below the elevations shown in the Plans, the unit contract price per cubic yard for “Structure Excavation Class A or B” will apply. But if the Contractor excavates deeper than the Plans or the Engineer requires, the Contracting Agency will not pay for material removed from below the required elevations. In this case, the Contractor, at no expense to the Contracting Agency, shall replace such material with concrete or other material the Engineer approves. The unit contract price per cubic yard for the bid items listed as 1 through 4 above shall be full pay for all labor, materials, tools, equipment, and pumping, or shall be included in the unit bid price of other items of Work if "Structure Excavation" or "Structure Excavation Incl Haul" are not listed as pay items in the Contract. “Shoring or Extra Excavation Class B”, per square foot. The unit contract price per square foot shall be full pay for all excavation, backfill, compaction, and other Work required when extra excavation is used in lieu of constructing shoring. If select backfill material is required for backfilling within the limits of the structure excavation, it shall also be required as backfill material for the extra excavation at the Contractor’s expense. Any excavation or 05/06/2021 67 backfill material being paid by unit price shall be calculated by the Engineer only for the neat line measurement of the excavation and shall not include the extra excavation beyond the neat line. If there is no bid item for shoring or extra excavation Class B on a square foot basis and the nature of the excavation is such that shoring or extra excavation is required as determined by the Engineer, then shoring or extra excavation shall be considered incidental to the Work involved and no further compensation shall be made. “Gravel Backfill (Kind) for (Type of Excavation)”, per cubic yard or per ton. When gravel backfill is paid by the ton, the Contractor shall take care to assure to the satisfaction of the Engineer that such per ton backfill is only being used for the specified purpose and not for purposes where backfill is incidental or being paid by cubic yard. Evidence that per ton gravel backfill is not being used for its designated purpose shall be grounds for the Engineer to deny payment for such load tickets. “Controlled Density Fill”, per cubic yard. 5-04 HOT MIX ASPHALT (March 5, 2018 APWA GSP) Delete this Section in its entirety and replace it with the following: (******) 5-04.1 Description This Work shall consist of providing and placing one or more layers of plant-mixed hot mix asphalt (HMA) on a prepared foundation or base in accordance with these Specifications. The Contractor shall maintain the existing street surface contours (e.g. street profile and cross section, etc.), unless otherwise directed by the Engineer. The manufacture of HMA may include warm mix asphalt (WMA) processes in accordance with these Specifications. WMA processes include organic additives, chemical additives, and foaming. HMA shall be composed of asphalt binder and mineral materials as may be required, mixed in the proportions specified to provide a homogeneous, stable, and workable mixture. See Appendix A for the Summary of Quantities that lists the streets to receive an overlay, the paving limits and the thickness of HMA. All HMA to be placed in this contract shall be HMA CL. ½” PG 64-22. 5-04.2 Materials Materials shall meet the requirements of the following sections: Asphalt Binder 9-02.1(4) Cationic Emulsified Asphalt 9-02.1(6) Anti-Stripping Additive 9-02.4 HMA Additive 9-02.5 Aggregates 9-03.8 Recycled Asphalt Pavement 9-03.8(3)B Mineral Filler 9-03.8(5) Recycled Material 9-03.21 Portland Cement 9-01 Sand 9-03.1(2) (As noted in 5-04.3(5)C for crack sealing) Joint Sealant 9-04.2 Foam Backer Rod 9-04.2(3)A 05/06/2021 68 The Contract documents may establish that the various mineral materials required for the manufacture of HMA will be furnished in whole or in part by the Contracting Agency. If the documents do not establish the furnishing of any of these mineral materials by the Contracting Agency, the Contractor shall be required to furnish such materials in the amounts required for the designated mix. Mineral materials include coarse and fine aggregates, and mineral filler. The Contractor may choose to utilize recycled asphalt pavement (RAP) in the production of HMA. The RAP may be from pavements removed under the Contract, if any, or pavement material from an existing stockpile. The Contractor may use up to 20 percent RAP by total weight of HMA with no additional sampling or testing of the RAP. The RAP shall be sampled and tested at a frequency of one sample for every 1,000 tons produced and not less than ten samples per project. The asphalt content and gradation test data shall be reported to the Contracting Agency when submitting the mix design for approval on the QPL. The Contractor shall include the RAP as part of the mix design as defined in these Specifications. The grade of asphalt binder shall be as required by the Contract. Blending of asphalt binder from different sources is not permitted. The Contractor may only use warm mix asphalt (WMA) processes in the production of HMA with 20 percent or less RAP by total weight of HMA. The Contractor shall submit to the Engineer for approval the process that is proposed and how it will be used in the manufacture of HMA. Production of aggregates shall comply with the requirements of Section 3-01. Preparation of stockpile site, the stockpiling of aggregates, and the removal of aggregates from stockpiles shall comply with the requirements of Section 3-02. 5-04.2(1) How to Get an HMA Mix Design on the QPL If the contractor wishes to submit a mix design for inclusion in the Qualified Products List (QPL), please follow the WSDOT process outlined as follows: Comply with each of the following: • Develop the mix design in accordance with WSDOT SOP 732. • Develop a mix design that complies with Sections 9-03.8(2) and 9-03.8(6). • Develop a mix design no more than 6 months prior to submitting it for QPL evaluation. • Submit mix designs to the WSDOT State Materials Laboratory in Tumwater, including WSDOT Form 350-042. • Include representative samples of the materials that are to be used in the HMA production as part of the mix design submittal. • Identify the brand, type, and percentage of anti-stripping additive in the mix design submittal. • Include with the mix design submittal a certification from the asphalt binder supplier that the anti-stripping additive is compatible with the crude source and the formulation of asphalt binder proposed for use in the mix design. • Do not include warm mix asphalt (WMA) additives when developing a mix design or submitting a mix design for QPL evaluation. The use of warm mix asphalt (WMA) additives is not part of the process for obtaining approval for listing a mix design on the QPL. Refer to Section 5-04.2(2)B. 5-04.2(1)A Vacant 5-04.2(2) Mix Design – Obtaining Project Approval No paving shall begin prior to the approval of the mix design by the Engineer. Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA in the contract 05/06/2021 69 documents. Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, pre-level, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Project Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Project Engineer. The Proposal quantity of HMA that is accepted by commercial evaluation will be excluded from the quantities used in the determination of non- statistical evaluation. Nonstatistical Mix Design. Fifteen days prior to the first day of paving the contractor shall provide one of the following mix design verification certifications for Contracting Agency review; • The WSDOT Mix Design Evaluation Report from the current WSDOT QPL, or one of the mix design verification certifications listed below. • The proposed HMA mix design on WSDOT Form 350-042 with the seal and certification (stamp & signature) of a valid licensed Washington State Professional Engineer. • The Mix Design Report for the proposed HMA mix design developed by a qualified City or County laboratory that is within one year of the approval date.** ** The mix design report shall be performed by a lab accredited by a national authority such as Laboratory Accreditation Bureau, L-A-B for Construction Materials Testing, The Construction Materials Engineering Council (CMEC’s) ISO 17025 or AASHTO Accreditation Program (AAP) and shall supply evidence of participation in the AASHTO: resource proficiency sample program. Mix designs for HMA accepted by Non-statistical evaluation shall; • Have the aggregate structure and asphalt binder content determined in accordance with WSDOT Standard Operating Procedure 732 and meet the requirements of Sections 9-03.8(2), except that Hamburg testing for ruts and stripping are at the discretion of the Engineer, and 9-03.8(6). • Have anti-strip requirements, if any, for the proposed mix design determined in accordance with AASHTO T 283 or T 324, or based on historic anti-strip and aggregate source compatibility from previous WSDOT lab testing. At the discretion of the Engineer, agencies may accept verified mix designs older than 12 months from the original verification date with a certification from the Contractor that the materials and sources are the same as those shown on the original mix design. Commercial Evaluation. Approval of a mix design for “Commercial Evaluation” will be based on a review of the Contractor’s submittal of WSDOT Form 350-042 (For commercial mixes, AASHTO T 324 evaluation is not required) or a Mix Design from the current WSDOT QPL or from one of the processes allowed by this section. Testing of the HMA by the Contracting Agency for mix design approval is not required. For the Bid Item Commercial HMA, the Contractor shall select a class of HMA and design level of Equivalent Single Axle Loads (ESAL’s) appropriate for the required use. 05/06/2021 70 5-04.2(2)B Using Warm Mix Asphalt Processes The Contractor may elect to use additives that reduce the optimum mixing temperature or serve as a compaction aid for producing HMA. Additives include organic additives, chemical additives and foaming processes. The use of Additives is subject to the following: • Do not use additives that reduce the mixing temperature more than allowed in Section 5-04.3(6) in the production of mixtures. • Before using additives, obtain the Engineer’s approval using WSDOT Form 350-076 to describe the proposed additive and process. 5-04.3 Construction Requirements 5-04.3(1) Weather Limitations Do not place HMA for wearing course on any Traveled Way beginning October 1st through March 31st of the following year without written concurrence from the Engineer. Do not place HMA on any wet surface, or when the average surface temperatures are less than those specified below, or when weather conditions otherwise prevent the proper handling or finishing of the HMA. Minimum Surface Temperature for Paving Compacted Thickness (Feet) Wearing Course Other Courses Less than 0.10 55◦F 45◦F 0.10 to .20 45◦F 35◦F More than 0.20 35◦F 35◦F 5-04.3(2) Paving Under Traffic When the Roadway being paved is open to traffic, the requirements of this Section shall apply. The Contractor shall keep intersections open to traffic at all times except when paving the intersection or paving across the intersection. During such time, and provided that there has been an advance warning to the public, the intersection may be closed for the minimum time required to place and compact the mixture. In hot weather, the Engineer may require the application of water to the pavement to accelerate the finish rolling of the pavement and to shorten the time required before reopening to traffic. Before closing an intersection, advance warning signs shall be placed and signs shall also be placed marking the detour or alternate route. During paving operations, temporary pavement markings shall be maintained throughout the project. Temporary pavement markings shall be installed on the Roadway prior to opening to traffic. Temporary pavement markings shall be in accordance with Section 8-23. All costs in connection with performing the Work in accordance with these requirements, except the cost of temporary pavement markings, shall be included in the unit Contract prices for the various Bid items involved in the Contract. 05/06/2021 71 5-04.3(3) Equipment 5-04.3(3)A Mixing Plant Plants used for the preparation of HMA shall conform to the following requirements: 1. Equipment for Preparation of Asphalt Binder – Tanks for the storage of asphalt binder shall be equipped to heat and hold the material at the required temperatures. The heating shall be accomplished by steam coils, electricity, or other approved means so that no flame shall be in contact with the storage tank. The circulating system for the asphalt binder shall be designed to ensure proper and continuous circulation during the operating period. A valve for the purpose of sampling the asphalt binder shall be placed in either the storage tank or in the supply line to the mixer. 2. Thermometric Equipment – An armored thermometer, capable of detecting temperature ranges expected in the HMA mix, shall be fixed in the asphalt binder feed line at a location near the charging valve at the mixer unit. The thermometer location shall be convenient and safe for access by Inspectors. The plant shall also be equipped with an approved dial-scale thermometer, a mercury actuated thermometer, an electric pyrometer, or another approved thermometric instrument placed at the discharge chute of the drier to automatically register or indicate the temperature of the heated aggregates. This device shall be in full view of the plant operator. 3. Heating of Asphalt Binder – The temperature of the asphalt binder shall not exceed the maximum recommended by the asphalt binder manufacturer nor shall it be below the minimum temperature required to maintain the asphalt binder in a homogeneous state. The asphalt binder shall be heated in a manner that will avoid local variations in heating. The heating method shall provide a continuous supply of asphalt binder to the mixer at a uniform average temperature with no individual variations exceeding 25°F. Also, when a WMA additive is included in the asphalt binder, the temperature of the asphalt binder shall not exceed the maximum recommended by the manufacturer of the WMA additive. 4. Sampling and Testing of Mineral Materials – The HMA plant shall be equipped with a mechanical sampler for the sampling of the mineral materials. The mechanical sampler shall meet the requirements of Section 1-05.6 for the crushing and screening operation. The Contractor shall provide for the setup and operation of the field testing facilities of the Contracting Agency as provided for in Section 3-01.2(2). 5. Sampling HMA – The HMA plant shall provide for sampling HMA by one of the following methods: a. A mechanical sampling device attached to the HMA plant. b. Platforms or devices to enable sampling from the hauling vehicle without entering the hauling vehicle. 5-04.3(3)B Hauling Equipment Trucks used for hauling HMA shall have tight, clean, smooth metal beds and shall have a cover of canvas or other suitable material of sufficient size to protect the mixture from adverse weather. Whenever the weather conditions during the work shift include, or are forecast to include, 05/06/2021 72 precipitation or an air temperature less than 45°F or when time from loading to unloading exceeds 30 minutes, the cover shall be securely attached to protect the HMA. The contractor shall provide an environmentally benign means to prevent the HMA mixture from adhering to the hauling equipment. Excess release agent shall be drained prior to filling hauling equipment with HMA. Petroleum derivatives or other coating material that contaminate or alter the characteristics of the HMA shall not be used. For live bed trucks, the conveyer shall be in operation during the process of applying the release agent. 5-04.3(3)C Pavers HMA pavers shall be self-contained, power-propelled units, provided with an internally heated vibratory screed and shall be capable of spreading and finishing courses of HMA plant mix material in lane widths required by the paving section shown in the Plans. listed in the Summary of Quantities located in Appendix A. The HMA paver shall be in good condition and shall have the most current equipment available from the manufacturer for the prevention of segregation of the HMA mixture installed, in good condition, and in working order. The equipment certification shall list the make, model, and year of the paver and any equipment that has been retrofitted. The screed shall be operated in accordance with the manufacturer’s recommendations and shall effectively produce a finished surface of the required evenness and texture without tearing, shoving, segregating, or gouging the mixture. A copy of the manufacturer’s recommendations shall be provided upon request by the Contracting Agency. Extensions will be allowed provided they produce the same results, including ride, density, and surface texture as obtained by the primary screed. Extensions without augers and an internally heated vibratory screed shall not be used in the Traveled Way. When specified in the Contract or directed by the Engineer, reference lines for vertical control will be required. Lines shall be placed on both outer edges of the Traveled Way of each Roadway. Horizontal control utilizing the reference line will be permitted. The grade and slope for intermediate lanes shall be controlled automatically from reference lines or by means of a mat referencing device and a slope control device. When the finish of the grade prepared for paving is superior to the established tolerances and when, in the opinion of the Engineer, further improvement to the line, grade, cross- section, and smoothness can best be achieved without the use of the reference line, a mat referencing device may be substituted for the reference line. Substitution of the device will be subject to the continued approval of the Engineer. A joint matcher may be used subject to the approval of the Engineer. The reference line may be removed after the completion of the first course of HMA when approved by the Engineer. Whenever the Engineer determines that any of these methods are failing to provide the necessary vertical control, the reference lines will be reinstalled by the Contractor. The Contractor shall furnish and install all pins, brackets, tensioning devices, wire, and accessories necessary for satisfactory operation of the automatic control equipment. If the paving machine in use is not providing the required finish, the Engineer may suspend Work as allowed by Section 1-08.6. Any cleaning or solvent type liquids spilled on the pavement shall be thoroughly removed before paving proceeds. 05/06/2021 73 5-04.3(3)D Material Transfer Device or Material Transfer Vehicle A Material Transfer Device/Vehicle (MTD/V) shall only be used with the Engineer’s approval, unless otherwise required by the contract. A MTD/V is not required for this contract. Where an MTD/V is required by the contract, the Engineer may approve paving without an MTD/V, at the request of the Contractor. The Engineer will determine if an equitable adjustment in cost or time is due. When used, the MTD/V shall mix the HMA after delivery by the hauling equipment and prior to laydown by the paving machine. Mixing of the HMA shall be sufficient to obtain a uniform temperature throughout the mixture. If a windrow elevator is used, the length of the windrow may be limited in urban areas or through intersections, at the discretion of the Engineer. To be approved for use, an MTV: 1. Shall be self-propelled vehicle, separate from the hauling vehicle or paver. 2. Shall not be connected to the hauling vehicle or paver. 3. May accept HMA directly from the haul vehicle or pick up HMA from a windrow. 4. Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine. 5. Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture. To be approved for use, an MTD: 1. Shall be positively connected to the paver. 2. May accept HMA directly from the haul vehicle or pick up HMA from a windrow. 3. Shall mix the HMA after delivery by the hauling equipment and prior to placement into the paving machine. 4. Shall mix the HMA sufficiently to obtain a uniform temperature throughout the mixture. 5-04.3(3)E Rollers Rollers shall be of the steel wheel, vibratory, oscillatory, or pneumatic tire type, in good condition and capable of reversing without backlash. Operation of the roller shall be in accordance with the manufacturer’s recommendations. When ordered by the Engineer for any roller planned for use on the project, the Contractor shall provide a copy of the manufacturer’s recommendation for the use of that roller for compaction of HMA. The number and weight of rollers shall be sufficient to compact the mixture in compliance with the requirements of Section 5-04.3(1). The use of equipment that results in crushing of the aggregate will not be permitted. Rollers producing pickup, washboard, uneven compaction of the surface, displacement of the mixture or other undesirable results shall not be used. 5-04.3(4) Preparation of Existing Paved Surfaces When the surface of the existing pavement or old base is irregular, the Contractor shall bring it to a uniform grade and cross-section as shown on the Plans or approved by the Engineer. Preleveling of uneven or broken surfaces over which HMA is to be placed may be accomplished by 05/06/2021 74 using an asphalt paver, a motor patrol grader, or by hand raking, as approved by the Engineer. Compaction of preleveling HMA shall be to the satisfaction of the Engineer and may require the use of small steel wheel rollers, plate compactors, or pneumatic rollers to avoid bridging across preleveled areas by the compaction equipment. Equipment used for the compaction of preleveling HMA shall be approved by the Engineer. Before construction of HMA on an existing paved surface, the entire surface of the pavement shall be clean. All fatty asphalt patches, grease drippings, and other objectionable matter shall be entirely removed from the existing pavement. All pavements or bituminous surfaces shall be thoroughly cleaned of dust, soil, pavement grindings, and other foreign matter. All holes and small depressions shall be filled with an appropriate class of HMA. The surface of the patched area shall be leveled and compacted thoroughly. Prior to the application of tack coat, or paving, the condition of the surface shall be approved by the Engineer. A tack coat of asphalt shall be applied to all paved surfaces on which any course of HMA is to be placed or abutted; except that tack coat may be omitted from clean, newly paved surfaces at the discretion of the Engineer. Tack coat shall be uniformly applied to cover the existing pavement with a thin film of residual asphalt free of streaks and bare spots at a rate between 0.02 and 0.10 gallons per square yard of retained asphalt. The rate of application shall be approved by the Engineer. A heavy application of tack coat shall be applied to all joints. For Roadways open to traffic, the application of tack coat shall be limited to surfaces that will be paved during the same working shift. The spreading equipment shall be equipped with a thermometer to indicate the temperature of the tack coat material. Equipment shall not operate on tacked surfaces until the tack has broken and cured. If the Contractor’s operation damages the tack coat it shall be repaired prior to placement of the HMA. The tack coat shall be CSS-1, or CSS-1h emulsified asphalt. The CSS-1 and CSS-1h emulsified asphalt may be diluted once with water at a rate not to exceed one part water to one part emulsified asphalt. The tack coat shall have sufficient temperature such that it may be applied uniformly at the specified rate of application and shall not exceed the maximum temperature recommended by the emulsified asphalt manufacturer. All utility appurtenances (e.g. manhole covers, valve covers, etc.) located within the paving limits shall be coated with a biodegradable soap to prevent the tack coat and HMA from sticking to them. Diesel shall not be used for this purpose. After application of the biodegradable soap, all catch basins shall be covered to prevent tack and HMA from entering into them. 5-04.3(4)A Crack Sealing 5-04.3(4)A1 General When the Proposal includes a pay item for crack sealing, seal all cracks ¼ inch in width and greater. Cleaning: Ensure that cracks are thoroughly clean, dry and free of all loose and foreign material when filling with crack sealant material. Use a hot compressed air lance to dry and warm the pavement surfaces within the crack immediately prior to filling a crack with the sealant material. Do not 05/06/2021 75 overheat pavement. Do not use direct flame dryers. Routing cracks is not required. Sand Slurry: For cracks that are to be filled with sand slurry, thoroughly mix the components and pour the mixture into the cracks until full. Add additional CSS-1 cationic emulsified asphalt to the sand slurry as needed for workability to ensure the mixture will completely fill the cracks. Strike off the sand slurry flush with the existing pavement surface and allow the mixture to cure. Top off cracks that were not completely filled with additional sand slurry. Do not place the HMA overlay until the slurry has fully cured. The sand slurry shall consist of approximately 20 percent CSS-1 emulsified asphalt, approximately 2 percent portland cement, water (if required), and the remainder clean Class 1 or 2 fine aggregate per section 9-03.1(2). The components shall be thoroughly mixed and then poured into the cracks and joints until full. The following day, any cracks or joints that are not completely filled shall be topped off with additional sand slurry. After the sand slurry is placed, the filler shall be struck off flush with the existing pavement surface and allowed to cure. The HMA overlay shall not be placed until the slurry has fully cured. The requirements of Section 1-06 will not apply to the portland cement and sand used in the sand slurry. In areas where HMA will be placed, use sand slurry to fill the cracks. In areas where HMA will not be placed, fill the cracks as follows: 1. Cracks ¼ inch to 1 inch in width - fill with hot poured sealant. 2. Cracks greater than 1 inch in width – fill with sand slurry. Hot Poured Sealant: For cracks that are to be filled with hot poured sealant, apply the material in accordance with these requirements and the manufacturer’s recommendations. Furnish a Type 1 Working Drawing of the manufacturer’s product information and recommendations to the Engineer prior to the start of work, including the manufacturer’s recommended heating time and temperatures, allowable storage time and temperatures after initial heating, allowable reheating criteria, and application temperature range. Confine hot poured sealant material within the crack. Clean any overflow of sealant from the pavement surface. If, in the opinion of the Engineer, the Contractor’s method of sealing the cracks with hot poured sealant results in an excessive amount of material on the pavement surface, stop and correct the operation to eliminate the excess material. 5-04.3(4)A2 Crack Sealing Areas Prior to Paving In areas where HMA will be placed, use sand slurry to fill the cracks. 5-04.3(4)A3 Crack Sealing Areas Not to be Paved In areas where HMA will not be placed, fill the cracks as follows: a. Cracks ¼ inch to 1 inch in width - fill with hot poured sealant. b. Cracks greater than 1 inch in width – fill with sand slurry. 5-04.3(4)B Vacant 5-04.3(4)C Pavement Repair 05/06/2021 76 The Contractor shall excavate pavement repair areas and shall backfill these with HMA in accordance with the details shown in the Plans and as marked in the field. The Contractor shall conduct the excavation operations in a manner that will protect the pavement that is to remain. Pavement not designated to be removed that is damaged as a result of the Contractor’s operations shall be repaired by the Contractor to the satisfaction of the Engineer at no cost to the Contracting Agency. The Contractor shall excavate only within one lane at a time unless approved otherwise by the Engineer. The Contractor shall not excavate more area than can be completely finished during the same shift, unless approved by the Engineer. Unless otherwise shown in the Plans or determined by the Engineer, excavate to a depth of 1.0 feet. The Engineer will make the final determination of the excavation depth required. The minimum width of any pavement repair area shall be 40 inches unless shown otherwise in the Plans. Before any excavation, the existing pavement shall be sawcut or shall be removed by a pavement grinder. Excavated materials will become the property of the Contractor and shall be disposed of in a Contractor-provided site off the Right of Way or used in accordance with Sections 2-02.3(3) or 9- 03.21. Asphalt for tack coat shall be required as specified in Section 5-04.3(4). A heavy application of tack coat shall be applied to all surfaces of existing pavement in the pavement repair area. Placement of the HMA backfill shall be accomplished in lifts not to exceed 0.35-foot compacted depth. Lifts that exceed 0.35-foot of compacted depth may be accomplished with the approval of the Engineer. Each lift shall be thoroughly compacted by a mechanical tamper or a roller. 5-04.3(5) Producing/Stockpiling Aggregates and RAP Aggregates and RAP shall be stockpiled according to the requirements of Section 3-02. Sufficient storage space shall be provided for each size of aggregate and RAP. Materials shall be removed from stockpile(s) in a manner to ensure minimal segregation when being moved to the HMA plant for processing into the final mixture. Different aggregate sizes shall be kept separated until they have been delivered to the HMA plant. 5-04.3(5)A Vacant 5-04.3(6) Mixing After the required amount of mineral materials, asphalt binder, recycling agent and anti-stripping additives have been introduced into the mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asphalt binder throughout the mineral materials is ensured. When discharged, the temperature of the HMA shall not exceed the optimum mixing temperature by more than 25°F as shown on the reference mix design report or as approved by the Engineer. Also, when a WMA additive is included in the manufacture of HMA, the discharge temperature of the HMA shall not exceed the maximum recommended by the manufacturer of the WMA additive. A maximum water content of 2 percent in the mix, at discharge, will be allowed providing the water causes no problems with handling, stripping, or flushing. If the water in the HMA causes any of these problems, the moisture content shall be reduced as directed by the Engineer. 05/06/2021 77 Storing or holding of the HMA in approved storage facilities will be permitted with approval of the Engineer, but in no event shall the HMA be held for more than 24 hours. HMA held for more than 24 hours after mixing shall be rejected. Rejected HMA shall be disposed of by the Contractor at no expense to the Contracting Agency. The storage facility shall have an accessible device located at the top of the cone or about the third point. The device shall indicate the amount of material in storage. No HMA shall be accepted from the storage facility when the HMA in storage is below the top of the cone of the storage facility, except as the storage facility is being emptied at the end of the working shift. Recycled asphalt pavement (RAP) utilized in the production of HMA shall be sized prior to entering the mixer so that a uniform and thoroughly mixed HMA is produced. If there is evidence of the recycled asphalt pavement not breaking down during the heating and mixing of the HMA, the Contractor shall immediately suspend the use of the RAP until changes have been approved by the Engineer. After the required amount of mineral materials, RAP, new asphalt binder and asphalt rejuvenator have been introduced into the mixer the HMA shall be mixed until complete and uniform coating of the particles and thorough distribution of the asphalt binder throughout the mineral materials, and RAP is ensured. 5-04.3(7) Spreading and Finishing The mixture shall be laid upon an approved surface, spread, and struck off to the grade and elevation established. HMA pavers complying with Section 5-04.3(3) shall be used to distribute the mixture. Unless otherwise directed by the Engineer, the nominal compacted depth of any layer of any course shall not exceed the following: HMA Class 1” 0.35 feet HMA Class ¾” and HMA Class ½” wearing course 0.30 feet other courses 0.35 feet HMA Class ⅜” 0.15 feet On areas where irregularities or unavoidable obstacles make the use of mechanical spreading and finishing equipment impractical, the paving may be done with other equipment or by hand. When more than one JMF is being utilized to produce HMA, the material produced for each JMF shall be placed by separate spreading and compacting equipment. The intermingling of HMA produced from more than one JMF is prohibited. Each strip of HMA placed during a work shift shall conform to a single JMF established for the class of HMA specified unless there is a need to make an adjustment in the JMF. All cast off rock from raking shall be removed prior to compaction of final HMA lift. 5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA For HMA accepted by nonstatistical evaluation the aggregate properties of sand equivalent, uncompacted void content and fracture will be evaluated in accordance with Section 3-04. Sampling and testing of aggregates for HMA accepted by commercial evaluation will be at the option of the Engineer. 05/06/2021 78 5-04.3(9) HMA Mixture Acceptance Acceptance of HMA shall be as provided under nonstatistical, or commercial evaluation. Nonstatistical evaluation will be used for the acceptance of HMA unless Commercial Evaluation is specified. Commercial evaluation will be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, temporary pavement, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Engineer. Sampling and testing of HMA accepted by commercial evaluation will be at the option of the Engineer. The mix design will be the initial JMF for the class of HMA. The Contractor may request a change in the JMF. Any adjustments to the JMF will require the approval of the Engineer and may be made in accordance with this section. HMA Tolerances and Adjustments 1. Job Mix Formula Tolerances – The constituents of the mixture at the time of acceptance shall conform to the following tolerances: Aggregate Percent Passing Non-Statistical Evaluation Commercial Evaluation 1”, ¾”, ½”, and 3/8” sieves +/- 6% +/- 8% No. 4 sieve +/-6% +/- 8% No. 8 Sieve +/- 6% +/-8% No. 200 sieve +/- 2.0% +/- 3.0% Asphalt Binder +/- 0.5% +/- 0.7% Air Voids, Va 2.5% min. and 5.5% max N/A These tolerance limits constitute the allowable limits as described in Section 1-06.2. The tolerance limit for aggregate shall not exceed the limits of the control points, except the tolerance limits for sieves designated as 100 percent passing will be 99-100. 2. Job Mix Formula Adjustments – An adjustment to the aggregate gradation or asphalt binder content of the JMF requires approval of the Engineer. Adjustments to the JMF will only be considered if the change produces material of equal or better quality and may require the development of a new mix design if the adjustment exceeds the amounts listed below. a. Aggregates – 2 percent for the aggregate passing the 1½″, 1″, ¾″, ½″, ⅜″, and the No. 4 sieves, 1 percent for aggregate passing the No. 8 sieve, and 0.5 percent for the aggregate passing the No. 200 sieve. The adjusted JMF shall be within the range of the control points in Section 9-03.8(6). b. Asphalt Binder Content – The Engineer may order or approve changes to asphalt binder content. The maximum adjustment from the approved mix design for the asphalt binder content shall be 0.3 percent 05/06/2021 79 5-04.3(9)A Vacant 5-04.3(9)B Vacant 5-04.3(9)C Mixture Acceptance – Nonstatistical Evaluation HMA mixture which is accepted by Nonstatistical Evaluation will be evaluated by the Contracting Agency by dividing the HMA tonnage into lots. 5-04.3(9)C1 Mixture Nonstatistical Evaluation – Lots and Sublots A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be equal to one day’s production or 800 tons, whichever is less except that the final sublot will be a minimum of 400 tons and may be increased to 1200 tons. All of the test results obtained from the acceptance samples from a given lot shall be evaluated collectively. If the Contractor requests a change to the JMF that is approved, the material produced after the change will be evaluated on the basis of the new JMF for the remaining sublots in the current lot and for acceptance of subsequent lots. For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced. Sampling and testing for evaluation shall be performed on the frequency of one sample per sublot. 5-04.3(9)C2 Mixture Nonstatistical Evaluation Sampling Samples for acceptance testing shall be obtained by the Contractor when ordered by the Engineer. The Contractor shall sample the HMA mixture in the presence of the Engineer and in accordance with AASHTO T 168. A minimum of three samples should be taken for each class of HMA placed on a project. If used in a structural application, at least one of the three samples shall be tested. Sampling and testing HMA in a structural application where quantities are less than 400 tons is at the discretion of the Engineer. For HMA used in a structural application with a total project quantity less than 800 tons but more than 400 tons, a minimum of one acceptance test shall be performed. In all cases, a minimum of 3 samples will be obtained at the point of acceptance, a minimum of one of the three samples will be tested for conformance to the JMF: • If the test results are found to be within specification requirements, additional testing will be at the Engineer’s discretion. • If test results are found not to be within specification requirements, additional testing of the remaining samples to determine a Composite Pay Factor (CPF) shall be performed. 5-04.3(9)C3 Mixture Nonstatistical Evaluation – Acceptance Testing Testing of HMA for compliance of Va will be at the option of the Contracting Agency. If tested, compliance of Va will use WSDOT SOP 731. Testing of HMA for compliance of Va will not be performed 05/06/2021 80 by the Contracting Agency for this contract. Testing for compliance of asphalt binder content will be by WSDOT FOP for AASHTO T 308. Testing for compliance of gradation will be by FOP for WAQTC T 27/T 11. 5-04.3(9)C4 Mixture Nonstatistical Evaluation – Pay Factors For each lot of material falling outside the tolerance limits in 5-04.3(9), the Contracting Agency will determine a Composite Pay Factor (CPF) using the following price adjustment factors: Table of Price Adjustment Factors Constituent Factor “f” All aggregate passing: 1½″, 1″, ¾″, ½″, ⅜″ and No.4 sieves 2 All aggregate passing No. 8 sieve 15 All aggregate passing No. 200 sieve 20 Asphalt binder 40 Air Voids (Va) (where applicable) 20 Each lot of HMA produced under Nonstatistical Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fall outside the nonstatistical tolerance limits in the Job Mix Formula shown in Table of Price Adjustment Factors, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The nonstatistical tolerance limits will be used in the calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the Roadway shall be tested to provide a minimum of three sets of results for evaluation. 5-04.3(9)C5 Vacant 5-04.3(9)C6 Mixture Nonstatistical Evaluation – Price Adjustments For each lot of HMA mix produced under Nonstatistical Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The total job mix compliance price adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix. If a constituent is not measured in accordance with these Specifications, its individual pay factor will be considered 1.00 in calculating the Composite Pay Factor (CPF). 5-04.3(9)C7 Mixture Nonstatistical Evaluation - Retests The Contractor may request a sublot be retested. To request a retest, the Contractor shall submit a written request within 7 calendar days after the specific test results have been received. A split of the original acceptance sample will be retested. The split of the sample will not be tested with the same 05/06/2021 81 tester that ran the original acceptance test. The sample will be tested for a complete gradation analysis, asphalt binder content, and, at the option of the agency, Va. The results of the retest will be used for the acceptance of the HMA in place of the original sublot sample test results. The cost of testing will be deducted from any monies due or that may come due the Contractor under the Contract at the rate of $500 per sample. 5-04.3 (9)D Mixture Acceptance – Commercial Evaluation If sampled and tested, HMA produced under Commercial Evaluation and having all constituents falling within the tolerance limits of the job mix formula shall be accepted at the unit Contract price with no further evaluation. When one or more constituents fall outside the commercial tolerance limits in the Job Mix Formula shown in 5-04.3(9), the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The commercial tolerance limits will be used in the calculation of the CPF and the maximum CPF shall be 1.00. When less than three sublots exist, backup samples of the existing sublots or samples from the street shall be tested to provide a minimum of three sets of results for evaluation. For each lot of HMA mix produced and tested under Commercial Evaluation when the calculated CPF is less than 1.00, a Nonconforming Mix Factor (NCMF) will be determined. The NCMF equals the algebraic difference of CPF minus 1.00 multiplied by 60 percent. The Job Mix Compliance Price Adjustment will be calculated as the product of the NCMF, the quantity of HMA in the lot in tons, and the unit Contract price per ton of mix. If a constituent is not measured in accordance with these Specifications, its individual pay factor will be considered 1.00 in calculating the Composite Pay Factor (CPF). 5-04.3(10) HMA Compaction Acceptance HMA mixture accepted by nonstatistical evaluation that is used in traffic lanes, including lanes for intersections, ramps, truck climbing, weaving, and speed change, and having a specified compacted course thickness greater than 0.10-foot, shall be compacted to a specified level of relative density. The specified level of relative density shall be a Composite Pay Factor (CPF) of not less than 0.75 when evaluated in accordance with Section 1-06.2, using a minimum of 92 percent of the maximum density. The maximum density shall be determined by WSDOT FOP for AASHTO T 729. The specified level of density attained will be determined by the evaluation of the density of the pavement. The density of the pavement shall be determined in accordance with WSDOT FOP for WAQTC TM 8, except that gauge correlation will be at the discretion of the Engineer, when using the nuclear density gauge and WSDOT SOP 736 when using cores to determine density. Tests for the determination of the pavement density will be taken in accordance with the required procedures for measurement by a nuclear density gauge or roadway cores after completion of the finish rolling. If the Contracting Agency uses a nuclear density gauge to determine density the test procedures FOP for WAQTC TM 8 and WSDOT SOP T 729 will be used on the day the mix is placed and prior to opening to traffic. Roadway cores for density may be obtained by either the Contracting Agency or the Contractor in accordance with WSDOT SOP 734. The core diameter shall be 4-inches minimum, unless otherwise 05/06/2021 82 approved by the Engineer. Roadway cores will be tested by the Contracting Agency in accordance with WSDOT FOP for AASHTO T 166. If the Contract includes the Bid item “Roadway Core” the cores shall be obtained by the Contractor in the presence of the Engineer on the same day the mix is placed and at locations designated by the Engineer. If the Contract does not include the Bid item “Roadway Core” the Contracting Agency will obtain the cores. For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced. A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance. A lot is defined as the total quantity of material or work produced for each Job Mix Formula placed. Only one lot per JMF is expected. A sublot shall be equal to one day’s production or 400 tons, whichever is less except that the final sublot will be a minimum of 200 tons and may be increased to 800 tons. Testing for compaction will be at the rate of 5 tests per sublot per WSDOT T 738. HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. HMA for preleveling shall be thoroughly compacted. HMA that is used for preleveling wheel rutting shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer. Test Results For a sublot that has been tested with a nuclear density gauge that did not meet the minimum of 92 percent of the reference maximum density in a compaction lot with a CPF below 1.00 and thus subject to a price reduction or rejection, the Contractor may request that a core be used for determination of the relative density of the sublot. The relative density of the core will replace the relative density determined by the nuclear density gauge for the sublot and will be used for calculation of the CPF and acceptance of HMA compaction lot. When cores are taken by the Contracting Agency at the request of the Contractor, they shall be requested by noon of the next workday after the test results for the sublot have been provided or made available to the Contractor. Core locations shall be outside of wheel paths and as determined by the Engineer. Traffic control shall be provided by the Contractor as requested by the Engineer. Failure by the Contractor to provide the requested traffic control will result in forfeiture of the request for cores. When the CPF for the lot based on the results of the HMA cores is less than 1.00, the cost for the coring will be deducted from any monies due or that may become due the Contractor under the Contract at the rate of $200 per core and the Contractor shall pay for the cost of the traffic control. 5-04.3(10)A HMA Compaction – General Compaction Requirements Compaction shall take place when the mixture is in the proper condition so that no undue displacement, cracking, or shoving occurs. Areas inaccessible to large compaction equipment shall be compacted by other mechanical means. Any HMA that becomes loose, broken, contaminated, 05/06/2021 83 shows an excess or deficiency of asphalt, or is in any way defective, shall be removed and replaced with new hot mix that shall be immediately compacted to conform to the surrounding area. The type of rollers to be used and their relative position in the compaction sequence shall generally be the Contractor’s option, provided the specified densities are attained. Unless the Engineer has approved otherwise, rollers shall only be operated in the static mode when the internal temperature of the mix is less than 175°F. Regardless of mix temperature, a roller shall not be operated in a mode that results in checking or cracking of the mat. Rollers shall only be operated in static mode on bridge decks. 5-04.3(10)B HMA Compaction – Cyclic Density Low cyclic density areas are defined as spots or streaks in the pavement that are less than 90 percent of the theoretical maximum density. At the Engineer’s discretion, the Engineer may evaluate the HMA pavement for low cyclic density, and when doing so will follow WSDOT SOP 733. A $500 Cyclic Density Price Adjustment will be assessed for any 500-foot section with two or more density readings below 90 percent of the theoretical maximum density. 5-04.3(10)C Vacant 5-04.3(10)D HMA Nonstatistical Compaction 5-04.3(10)D1 HMA Nonstatistical Compaction – Lots and Sublots HMA compaction which is accepted by nonstatistical evaluation will be based on acceptance testing performed by the Contracting Agency dividing the project into compaction lots. A lot is represented by randomly selected samples of the same mix design that will be tested for acceptance, with a maximum of 15 sublots per lot; the final lot for a mix design may be increased to 25 sublots. Sublots will be uniform in size with a maximum sublot size based on original Plan quantity tons of HMA as specified in the table below. The sublot locations within each density lot will be determined by the Engineer. For a lot in progress with a CPF less than 0.75, a new lot will begin at the Contractor’s request after the Engineer is satisfied that material conforming to the Specifications can be produced. HMA Original Plan Quantity (tons) Sublot Size (tons) <20,000 100 20,000 to 30,000 150 >30,000 200 HMA mixture accepted by commercial evaluation and HMA constructed under conditions other than those listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. 05/06/2021 84 HMA for preleveling shall be thoroughly compacted. HMA that is used to prelevel wheel ruts shall be compacted with a pneumatic tire roller unless otherwise approved by the Engineer. 5-04.3(10)D2 HMA Compaction Nonstatistical Evaluation – Acceptance Testing The location of the HMA compaction acceptance tests will be randomly selected by the Engineer from within each sublot, with one test per sublot. 5-04.3(10)D3 HMA Nonstatistical Compaction – Price Adjustments For each compaction lot with one or two sublots, having all sublots attain a relative density that is 92 percent of the reference maximum density the HMA shall be accepted at the unit Contract price with no further evaluation. When a sublot does not attain a relative density that is 92 percent of the reference maximum density, the lot shall be evaluated in accordance with Section 1-06.2 to determine the appropriate CPF. The maximum CPF shall be 1.00, however, lots with a calculated CPF in excess of 1.00 will be used to offset lots with CPF values below 1.00 but greater than 0.90. Lots with CPF lower than 0.90 will be evaluated for compliance per 5-04.3(11). Additional testing by either a nuclear moisture-density gauge or cores will be completed as required to provide a minimum of three tests for evaluation. For compaction below the required 92% a Non-Conforming Compaction Factor (NCCF) will be determined. The NCCF equals the algebraic difference of CPF minus 1.00 multiplied by 40 percent. The Compaction Price Adjustment will be calculated as the product of CPF, the quantity of HMA in the compaction control lot in tons, and the unit Contract price per ton of mix. 5-04.3(11) Reject Work 5-04.3(11)A Reject Work General Work that is defective or does not conform to Contract requirements shall be rejected. The Contractor may propose, in writing, alternatives to removal and replacement of rejected material. Acceptability of such alternative proposals will be determined at the sole discretion of the Engineer. HMA that has been rejected is subject to the requirements in Section 1-06.2(2) and this specification, and the Contractor shall submit a corrective action proposal to the Engineer for approval. 5-04.3(11)B Rejection by Contractor The Contractor may, prior to sampling, elect to remove any defective material and replace it with new material. Any such new material will be sampled, tested, and evaluated for acceptance. 5-04.3(11)C Rejection Without Testing (Mixture or Compaction) The Engineer may, without sampling, reject any batch, load, or section of Roadway that appears defective. Material rejected before placement shall not be incorporated into the pavement. Any rejected section of Roadway shall be removed. No payment will be made for the rejected materials or the removal of the materials unless the Contractor requests that the rejected material be tested. If the Contractor elects to have the rejected material tested, a minimum of three representative samples will be obtained and tested. Acceptance of rejected material will be based on conformance with the nonstatistical acceptance Specification. If the CPF for the rejected material is less than 0.75, no payment will be made for the rejected material; in addition, the cost of sampling and testing shall be borne by the Contractor. If the CPF is 05/06/2021 85 greater than or equal to 0.75, the cost of sampling and testing will be borne by the Contracting Agency. If the material is rejected before placement and the CPF is greater than or equal to 0.75, compensation for the rejected material will be at a CPF of 0.75. If rejection occurs after placement and the CPF is greater than or equal to 0.75, compensation for the rejected material will be at the calculated CPF with an addition of 25 percent of the unit Contract price added for the cost of removal and disposal. 5-04.3(11)D Rejection - A Partial Sublot In addition to the random acceptance sampling and testing, the Engineer may also isolate from a normal sublot any material that is suspected of being defective in relative density, gradation or asphalt binder content. Such isolated material will not include an original sample location. A minimum of three random samples of the suspect material will be obtained and tested. The material will then be statistically evaluated as an independent lot in accordance with Section 1-06.2(2). 5-04.3(11)E Rejection - An Entire Sublot An entire sublot that is suspected of being defective may be rejected. When a sublot is rejected a minimum of two additional random samples from this sublot will be obtained. These additional samples and the original sublot will be evaluated as an independent lot in accordance with Section 1-06.2(2). 5-04.3(11)F Rejection - A Lot in Progress The Contractor shall shut down operations and shall not resume HMA placement until such time as the Engineer is satisfied that material conforming to the Specifications can be produced: 1. When the Composite Pay Factor (CPF) of a lot in progress drops below 1.00 and the Contractor is taking no corrective action, or 2. When the Pay Factor (PF) for any constituent of a lot in progress drops below 0.95 and the Contractor is taking no corrective action, or 3. When either the PFi for any constituent or the CPF of a lot in progress is less than 0.75. 5-04.3(11)G Rejection - An Entire Lot (Mixture or Compaction) An entire lot with a CPF of less than 0.75 will be rejected. 5-04.3(12) Joints 5-04.3(12)A HMA Joints 5-04.3(12)A1 Transverse Joints The Contractor shall conduct operations such that the placing of the top or wearing course is a continuous operation or as close to continuous as possible. Unscheduled transverse joints will be allowed and the roller may pass over the unprotected end of the freshly laid mixture only when the placement of the course must be discontinued for such a length of time that the mixture will cool below compaction temperature. When the Work is resumed, the previously compacted mixture shall be cut back to produce a slightly beveled edge for the full thickness of the course. A temporary wedge of HMA constructed on a 20H:1V shall be constructed where a transverse joint 05/06/2021 86 as a result of paving or planing is open to traffic. The HMA in the temporary wedge shall be separated from the permanent HMA by strips of heavy wrapping paper or other methods approved by the Engineer. The wrapping paper shall be removed and the joint trimmed to a slightly beveled edge for the full thickness of the course prior to resumption of paving. The material that is cut away shall be wasted and new mix shall be laid against the cut. Rollers or tamping irons shall be used to seal the joint. All transverse (butt) joints between new and existing asphalt shall be milled to the full overlay depth as listed on the Summary of Quantities located in Appendix A. All transverse (butt) joints shall be sealed after paving. See Section 5-04.3(17) for requirements. 5-04.3(12)A2 Longitudinal Joints The longitudinal joint in any one course shall be offset from the course immediately below by not more than 6 inches nor less than 2 inches. All longitudinal joints constructed in the wearing course shall be located at a lane line or an edge line of the Traveled Way. A notched wedge joint shall be constructed along all longitudinal joints in the wearing surface of new HMA unless otherwise approved by the Engineer. The notched wedge joint shall have a vertical edge of not less than the maximum aggregate size or more than ½ of the compacted lift thickness and then taper down on a slope not steeper than 4H:1V. The sloped portion of the HMA notched wedge joint shall be uniformly compacted. 5-04.3(12)B Bridge Paving Joint Seals 5-04.3(12)B1 HMA Sawcut and Seal Prior to placing HMA on the bridge deck, establish sawcut alignment points at both ends of the bridge paving joint seals to be placed at the bridge ends, and at interior joints within the bridge deck when and where shown in the Plans. Establish the sawcut alignment points in a manner that they remain functional for use in aligning the sawcut after placing the overlay. Submit a Type 1 Working Drawing consisting of the sealant manufacturer’s application procedure. Construct the bridge paving joint seal as specified ion the Plans and in accordance with the detail shown in the Standard Plans. Construct the sawcut in accordance with the detail shown in the Standard Plan. Construct the sawcut in accordance with Section 5-05.3(8)B and the manufacturer’s application procedure. 5-04.3(12)B2 Paved Panel Joint Seal Construct the paved panel joint seal in accordance with the requirements specified in section 5- 04.3(12)B1 and the following requirement: 1. Clean and seal the existing joint between concrete panels in accordance with Section 5-01.3(8) and the details shown in the Standard Plans. 5-04.3(13) Surface Smoothness The completed surface of all courses shall be of uniform texture, smooth, uniform as to crown and 05/06/2021 87 grade, and free from defects of all kinds. The completed surface of the wearing course shall not vary more than ⅛ inch ¼ inch from the lower edge of a 10-foot straightedge placed on the surface parallel to the centerline. The transverse slope of the completed surface of the wearing course shall vary not more than ¼ inch in 10 feet from the rate of transverse slope shown in the Plans. of the existing street surface. When deviations in excess of the above tolerances are found that result from a high place in the HMA, the pavement surface shall be corrected by one of the following methods: 1. Removal of material from high places by grinding with an approved grinding machine, or 2. Removal and replacement of the wearing course of HMA, or 3. By other method approved by the Engineer. Correction of defects shall be carried out until there are no deviations anywhere greater than the allowable tolerances. Deviations in excess of the above tolerances that result from a low place in the HMA and deviations resulting from a high place where corrective action, in the opinion of the Engineer, will not produce satisfactory results will be accepted with a price adjustment. The Engineer shall deduct from monies due or that may become due to the Contractor the sum of $500.00 for each and every section of single traffic lane 100 feet in length in which any excessive deviations described above are found. When utility appurtenances such as manhole covers and valve boxes are located in the traveled way, the utility appurtenances shall be adjusted to the finished grade prior to paving. This requirement may be waived when requested by the Contractor, at the discretion of the Engineer or when the adjustment details provided in the project plan or specifications call for utility appurtenance adjustments after the completion of paving. For this contract, utility appurtenances shall be adjusted to final grade after paving, unless otherwise directed by the Engineer. See Section 5-04.3(20) for requirements. Utility appurtenance adjustment discussions will be included in the Pre-Paving planning planing (5- 04.3(14)B3). Submit a written request to waive this requirement to the Engineer prior to the start of paving. 5-04.3(14) Planing (Milling) Bituminous Pavement The planning planing plan must be approved by the Engineer and a pre planning planing meeting must be held prior to the start of any planing. See Section 5-04.3(14)B2 for information on planning planing submittals. Prior to planing operations, existing induction loop vehicle detectors shall be disconnected. Induction loop vehicle detectors shall be removed during planing operations. The planing operation on any street and/or street segment shall not precede the HMA paving operation by more than three (3) calendar days, unless otherwise allowed by the Engineer. Locations of existing surfacing to be planed are as shown in the Drawings. Refer to the Summary of Quantities in Appendix A for the list of streets and/or street segments to be planed in this contract. The depth of planing shall match the thickness of HMA to be placed, as listed on the Summary of 05/06/2021 88 Quantities. Where planing an existing pavement is specified in the Contract, the Contractor must remove existing surfacing material and to reshape the surface to remove irregularities. The finished product must be a prepared surface acceptable for receiving an HMA overlay. Use the cold milling method for planing unless otherwise specified in the Contract. Do not use the planer on the final wearing course of new HMA. Conduct planing operations in a manner that does not tear, break, burn, or otherwise damage the surface which is to remain. The finished planed surface must be slightly grooved or roughened and must be free from gouges, deep grooves, ridges, or other imperfections. The Contractor must repair any damage to the surface by the Contractor’s planing equipment, using an Engineer approved method. Repair or replace any metal castings and other surface improvements damaged by planing, as determined by the Engineer. A tapered wedge cut must be planed longitudinally along curb lines sufficient to provide a minimum of 4 inches of curb reveal after placement and compaction of the final wearing course. The dimensions of the wedge must be as shown on the Drawings or as specified by the Engineer. A tapered wedge cut must also be made at transitions to adjoining pavement surfaces (meet lines) where butt joints are shown on the Drawings. Cut butt joints in a straight line with vertical faces 2 inches or more in height, producing a smooth transition to the existing adjoining pavement. After planing is complete, planed surfaces must be swept, cleaned, and if required by the Contract or as directed by the Engineer, patched and preleveled. before opening planed areas to traffic. The Contractor shall provide for safe vehicular travel over existing utility appurtenances during and after planing operations. For utility appurtenances not lowered prior to planing operations, the Contractor shall place temporary fillets of HMA, with a minimum slope of 4H:1V, around all exposed utility appurtenances if any vehicular traffic will be permitted to travel through the work area prior to paving. The HMA used for this purpose shall be considered an incidental use of HMA as described in Section 5-04.3(18). The Contractor shall provide for safe vehicular travel over driveway entrances during and after planing operations. If the depth of exposed curb or drop off exceeds two (2) inches at a driveway and paving is not occur in the same work shift, the Contractor shall place temporary fillets of HMA along the driveway to provide a transition with a minimum slope of 4H:1V. The HMA used for this purpose shall be considered incidental use of HMA as described in Section 5-04.3(18). The Engineer may direct additional depth planing. Before performing this additional depth planing, the Contractor must conduct a hidden metal in pavement detection survey as specified in Section 5- 04.3(14)A. 5-04.3(14)A Pre-Planing Metal Detection Check Before starting planing of pavements, and before any additional depth planing required by the 05/06/2021 89 Engineer, the Contractor must conduct a physical survey of existing pavement to be planed with equipment that can identify hidden metal objects. Should such metal be identified, promptly notify the Engineer. See Section 1-07.16(1) regarding the protection of survey monumentation that may be hidden in pavement. The Contractor is solely responsible for any damage to equipment resulting from the Contractor’s failure to conduct a pre-planing metal detection survey, or from the Contractor’s failure to notify the Engineer of any hidden metal that is detected. 5-04.3(14)B Paving and Planing Under Traffic 5-04.3(14)B1 General In addition the requirements of Section 1-07.23 and the traffic controls required in Section 1-10, and unless the Contract specifies otherwise or the Engineer approves, the Contractor must comply with the following: 1. Intersections: a. Keep intersections open to traffic at all times, except when paving or planing operations through an intersection requires closure. Such closure must be kept to the minimum time required to place and compact the HMA mixture, or plane as appropriate. For paving, schedule such closure to individual lanes or portions thereof that allows the traffic volumes and schedule of traffic volumes required in the approved traffic control plan. Schedule work so that adjacent intersections are not impacted at the same time and comply with the traffic control restrictions required by the Traffic Engineer. Each individual intersection closure or partial closure, must be addressed in the traffic control plan, which must be submitted to and accepted by the Engineer, see Section 1-10.2(2). b. When planing or paving and related construction must occur in an intersection, consider scheduling and sequencing such work into quarters of the intersection, or half or more of an intersection with side street detours. Be prepared to sequence the work to individual lanes or portions thereof. c. Should closure of the intersection in its entirety be necessary, and no trolley service is impacted, keep such closure to the minimum time required to place and compact the HMA mixture, plane, remove asphalt, tack coat, and as needed. d. Any work in an intersection requires advance warning in both signage and a number of Working Days advance notice as determined by the Engineer, to alert traffic and emergency services of the intersection closure or partial closure. e. Allow new compacted HMA asphalt to cool to ambient temperature before any traffic is allowed on it. Traffic is not allowed on newly placed asphalt until approval has been obtained from the Engineer. 2. Temporary centerline marking, post-paving temporary marking, temporary stop bars, and maintaining temporary pavement marking must comply with Section 8-23. 3. Permanent pavement marking must comply with Section 8-22. 5-04.3(14)B2 Submittals – Planing Plan and HMA Paving Plan 05/06/2021 90 The Contractor must submit a separate planing plan and a separate paving plan to the Engineer at least 5 Working Days in advance of each operation’s activity start date. These plans must show how the moving operation and traffic control are coordinated, as they will be discussed at the pre-planing briefing and pre-paving briefing. When requested by the Engineer, the Contractor must provide each operation’s traffic control plan on 24 x 36 inch 11 x 17 inch or larger size Shop Drawings with a scale showing both the area of operation and sufficient detail of traffic beyond the area of operation where detour traffic may be required. The scale on the Shop Drawings is 1 inch = 20 feet 100 feet, which may be changed if the Engineer agrees sufficient detail is shown. The planing operation and the paving operation include, but are not limited to, metal detection, removal of asphalt and temporary asphalt of any kind, tack coat and drying, staging of supply trucks, paving trains, rolling, scheduling, and as may be discussed at the briefing. When intersections will be partially or totally blocked, provide adequately sized and noticeable signage alerting traffic of closures to come, a minimum 2 Working Days in advance. The traffic control plan must show where peace officers will be stationed when signalization is or may be, countermanded, and show areas where flaggers are proposed. At a minimum, the planing and the paving plan must include: 1. A copy of the accepted traffic control plan, see Section 1-10.2(2), detailing each day’s traffic control as it relates to the specific requirements of that day’s planing and paving. Briefly describe the sequencing of traffic control consistent with the proposed planing and paving sequence, and scheduling of placement of temporary pavement markings and channelizing devices after each day’s planing, and paving. 2. A copy of each intersection’s traffic control plan. 3. Haul routes from Supplier facilities, and locations of temporary parking and staging areas, including return routes. Describe the complete round trip as it relates to the sequencing of paving operations. 4. Names and locations of HMA Supplier facilities to be used. 5. List of all equipment to be used for paving. 6. List of personnel and associated job classification assigned to each piece of paving equipment. 7. Description (geometric or narrative) of the scheduled sequence of planing and of paving, and intended area of planing and of paving for each day’s work, must include the directions of proposed planing and of proposed paving, sequence of adjacent lane paving, sequence of skipped lane paving, intersection planing and paving scheduling and sequencing, and proposed notifications and coordinations to be timely made. The plan must show HMA joints relative to the final pavement marking lane lines. 8. Names, job titles, and contact information for field, office, and plant supervisory personnel. 9. A copy of the approved Mix Designs. 10. Tonnage of HMA to be placed each day. 11. Approximate times and days for starting and ending daily operations. 5-04.3(14)B3 Pre-Paving and Pre-Planing Briefing At least 2 Working Days before the first paving operation and the first planing operation, or as scheduled by the Engineer for future paving and planing operations to ensure the Contractor has adequately prepared for notifying and coordinating as required in the Contract, the Contractor must be prepared to discuss that day’s operations as they relate to other entities and to public safety and 05/06/2021 91 convenience, including driveway and business access, garbage truck operations, Metro transit operations and working around energized overhead wires, school and nursing home and hospital and other accesses, other contractors who may be operating in the area, pedestrian and bicycle traffic, and emergency services. The Contractor, and Subcontractors that may be part of that day’s operations, must meet with the Engineer and discuss the proposed operation as it relates to the submitted planing plan and paving plan, approved traffic control plan, and public convenience and safety. Such discussion includes, but is not limited to: 1. General for both Paving Plan and for Planing Plan: a. The actual times of starting and ending daily operations. b. In intersections, how to break up the intersection, and address traffic control and signalization for that operation, including use of peace officers. c. The sequencing and scheduling of paving operations and of planing operations, as applicable, as it relates to traffic control, to public convenience and safety, and to other contractors who may operate in the Project Site. d. Notifications required of Contractor activities, and coordinating with other entities and the public as necessary. e. Description of the sequencing of installation and types of temporary pavement markings as it relates to planning planing and to paving. f. Description of the sequencing of installation of, and the removal of, temporary pavement patch material around exposed castings and as may be needed g. Description of procedures and equipment to identify hidden metal in the pavement, such as survey monumentation, monitoring wells, street car rail, and castings, before planning planing, see Section 5-04.3(14)B2. h. Description of how flaggers will be coordinated with the planing, paving, and related operations. i. Description of sequencing of traffic controls for the process of rigid pavement base repairs. j. Other items the Engineer deems necessary to address. 2. Paving – additional topics: a. When to start applying tack and coordinating with paving. b. Types of equipment and numbers of each type equipment to be used. If more pieces of equipment than personnel are proposed, describe the sequencing of the personnel operating the types of equipment. Discuss the continuance of operator personnel for each type equipment as it relates to meeting Specification requirements. c. Number of JMFs to be placed, and if more than one JMF how the Contractor will ensure different JMFs are distinguished, how pavers and MTVs are distinguished if more than one JMF is being placed at the time, and how pavers and MTVs are cleaned so that one JMF does not adversely influence the other JMF. d. Description of contingency plans for that day’s operations such as equipment breakdown, rain out, and Supplier shutdown of operations. e. Number of sublots to be placed, sequencing of density testing, and other sampling and testing. 5-04.3(15) Sealing Pavement Surfaces Apply a fog seal where shown in the plans. Construct the fog seal in accordance with Section 5-02.3. 05/06/2021 92 Unless otherwise approved by the Engineer, apply the fog seal prior to opening to traffic. 5-04.3(16) HMA Road Approaches HMA approaches shall be constructed at the locations shown in the Plans or where staked by the Engineer. The Work shall be performed in accordance with Section 5-04. 5-04.3(17) Construction Joint Sealing Transverse Joints - Joints between new and existing asphalt shall be sealed within five (5) calendar days after final rolling of the final lift of HMA. The seal shall be CSS-1 emulsified asphalt. The emulsified asphalt shall be placed in a way to be smooth and flush with roadway surface with minimal overbanding. This work is considered incidental to the bid item “HMA CL. ½” PG 64-22”. 5-04.3(18) Incidental Uses for HMA Incidental uses for HMA shall consist of restoration and adjustment to paved areas and other such uses as directed by the Engineer. For example, a thickened edge may be required for some streets and/or street segment(s). Incidental uses for HMA shall be measured and paid under the “HMA CL. ½” PG 64-22” bid item for the overlay related HMA and “HMA for Pavement Repair CL ½” PG 64-22” bid item for full depth spot repair related HMA. 5-04.3(19) Edge of Pavement Alignment Where curb and gutter do not exist, the Contractor shall maintain a ± 2 inches per 100 linear feet tolerance for the edge of pavement. The Contractor may establish a reference line as a guide at their discretion or as directed by the Engineer. This work is considered incidental to the bid item “HMA CL. ½” PG 64-22”. 5-04.3(20) Adjusting Utility Covers and Monument Cases to Final Grade The following section only applies to existing utility covers and monument cases covered by HMA. The work shall be completed after the final rolling of the final lift of HMA. The work consists of locating and marking these features and then adjusting them final grade. The Contractor shall locate all utility covers and monument cases covered by HMA immediately after paving operations are complete for a street and/or street segment. Each location shall be marked with paint and identify the type of buried feature. The Contractor shall completely expose all water valve boxes and gas valves for access within five (5) calendar days after final rolling of the final lift of HMA. The Contractor shall adjust the following features to final grade per the requirements listed below. Manholes – Refer to Renton Standard Plan 106. Water Valve Boxes – Refer to Renton Standard Plan 330.1. Gas Valves – Same as Water Valve Boxes. Monument Cases – Refer to Renton Standard Plan 113. J-boxes, Electrical Vaults, Communications Vaults – These features shall not to be covered with HMA. 05/06/2021 93 5-04.3(21) Temporary Pavement Marking The furnishing and installing of temporary pavement marking shall be as described in Section 8 -23. For this contract, all temporary pavement marking is considered short duration. 5-04.4 Measurement HMA Cl. ___ PG ___, HMA for ___ Cl. ___ PG ___, and Commercial HMA will be measured by the ton in accordance with Section 1-09.2, with no deduction being made for the weight of asphalt binder, mineral filler, or any other component of the mixture. If the Contractor elects to remove and replace mix as allowed by Section 5-04.3(11), the material removed will not be measured. Roadway cores will be measured per each for the number of cores taken. Preparation of untreated roadway will be measured by the mile once along the centerline of the main line Roadway. No additional measurement will be made for ramps, Auxiliary Lanes, service roads, Frontage Roads, or Shoulders. Measurement will be to the nearest 0.01 mile. Soil residual herbicide will be measured by the mile for the stated width to the nearest 0.01 mile or by the square yard, whichever is designated in the Proposal. Pavement repair excavation will be measured by the square yard of surface marked prior to excavation. Asphalt for prime coat will be measured by the ton in accordance with Section 1-09.2. Prime coat aggregate will be measured by the cubic yard, truck measure, or by the ton, whichever is designated in the Proposal. Asphalt for fog seal will be measured by the ton, as provided in Section 5-02.4. Longitudinal joint seals between the HMA and cement concrete pavement will be measured by the linear foot along the line and slope of the completed joint seal. Planing bituminous pavement will be measured by the square yard. Planing bituminous pavement to a 2 inch depth will be measured by the square yard. Planing bituminous pavement to a 4 inch depth will be measured by the square yard. Temporary pavement marking will be measured by the linear foot as provided in Section 8-23.4. Water will be measured by the M gallon as provided in Section 2-07.4. Adjust Manhole Cover will be measured per each. Adjust Water Valve Box will be measured per each. 05/06/2021 94 Adjust Gas Valve will be measured per each. Adjust Monument Case will be measured per each. 5-04.5 Payment Payment will be made for each of the following Bid items that are included in the Proposal: “HMA Cl. ___ PG ___”, per ton. “HMA for Approach Cl. ___ PG ___”, per ton. “HMA for Preleveling Cl. ___ PG ___”, per ton. “HMA for Pavement Repair Cl. ___ PG ___”, per ton. “Commercial HMA”, per ton. The unit Contract price per ton for “HMA Cl. ___ PG ___”, “HMA for Approach Cl. ___ PG ___”, “HMA for Preleveling Cl. ___ PG ___”, “HMA for Pavement Repair Cl. ___ PG ___”, and “Commercial HMA” shall be full compensation for all costs, including anti-stripping additive, incurred to carry out the requirements of Section 5-04 except for those costs included in other items which are included in this Subsection and which are included in the Proposal. “Preparation of Untreated Roadway”, per mile. The unit Contract price per mile for “Preparation of Untreated Roadway” shall be full pay for all Work described under 5-04.3(4), with the exception, however, that all costs involved in patching the Roadway prior to placement of HMA shall be included in the unit Contract price per ton for “HMA Cl. ___ PG ___” which was used for patching. If the Proposal does not include a Bid item for “Preparation of Untreated Roadway”, the Roadway shall be prepared as specified, but the Work shall be included in the Contract prices of the other items of Work. “Preparation of Existing Paved Surfaces”, per mile. The unit Contract Price for “Preparation of Existing Paved Surfaces” shall be full pay for all Work described under Section 5-04.3(4) with the exception, however, that all costs involved in patching the Roadway prior to placement of HMA shall be included in the unit Contract price per ton for “HMA Cl. ___ PG ___” which was used for patching. If the Proposal does not include a Bid item for “Preparation of Existing Paved Surfaces”, the Roadway shall be prepared as specified, but the Work shall be included in the Contract prices of the other items of Work. “Crack Sealing”, by force account. “Crack Sealing” will be paid for by force account as specified in Section 1-09.6. For the purpose of providing a common Proposal for all Bidders, the Contracting Agency has entered an amount in the Proposal to become a part of the total Bid by the Contractor. “Pavement Repair Excavation Incl. Haul”, per square yard. 05/06/2021 95 The unit Contract price per square yard for “Pavement Repair Excavation Incl. Haul” shall be full payment for all costs incurred to perform the Work described in Section 5-04.3(4) with the exception, however, that all costs involved in the placement of HMA shall be included in the unit Contract price per ton for “HMA for Pavement Repair Cl. ___ PG ___”, per ton. “Asphalt for Prime Coat”, per ton. The unit Contract price per ton for “Asphalt for Prime Coat” shall be full payment for all costs incurred to obtain, provide and install the material in accordance with Section 5-04.3(4). “Prime Coat Agg.”, per cubic yard, or per ton. The unit Contract price per cubic yard or per ton for “Prime Coat Agg.” shall be full pay for furnishing, loading, and hauling aggregate to the place of deposit and spreading the aggregate in the quantities required by the Engineer. “Asphalt for Fog Seal”, per ton. Payment for “Asphalt for Fog Seal” is described in Section 5-02.5. “Longitudinal Joint Seal”, per linear foot. The unit Contract price per linear foot for “Longitudinal Joint Seal” shall be full payment for all costs incurred to perform the Work described in Section 5-04.3(12). “Planing Bituminous Pavement”, per square yard. “Planing Bituminous Pavement – 2 inch depth”, per square yard. “Planing Bituminous Pavement – 4 inch depth”, per square yard. The unit Contract price per square yard for “Planing Bituminous Pavement”, “Planing Bituminous Pavement – 2 inch depth”, “Planing Bituminous Pavement – 4 inch depth” shall be full payment for all costs incurred to perform the Work described in Section 5-04.3(14). “Temporary Pavement Marking”, per linear foot. Payment for “Temporary Pavement Marking” is described in Section 8-23.5. “Water”, per M gallon. Payment for “Water” is described in Section 2-07.5. “Job Mix Compliance Price Adjustment”, by calculation. “Job Mix Compliance Price Adjustment” will be calculated and paid for as described in Section 5- 04.3(9)C6. 05/06/2021 96 “Compaction Price Adjustment”, by calculation. “Compaction Price Adjustment” will be calculated and paid for as described in Section 5-04.3(10)D3. “Roadway Core”, per each. The Contractor’s costs for all other Work associated with the coring (e.g., traffic control) shall be incidental and included within the unit Bid price per each and no additional payments will be made. “Cyclic Density Price Adjustment”, by calculation. “Cyclic Density Price Adjustment” will be calculated and paid for as described in Section 5-04.3(10)B. “Adjust Manhole Cover”, per each. “Adjust Water Valve Box”, per each. “Adjust Gas Valve”, per each. “Adjust Monument Case”, per each. The unit Contract price per each for “Adjust Manhole Cover”, “Adjust Water Valve Box”, “Adjust Gas Valve”, “Adjust Monument Case” shall be full payment for all costs incurred to perform the Work described in Section 5-04.3(20). 5-06 TEMPORARY RESTORATION IN PAVEMENT AREA Section 5-06 is a new Section with subsections: (******) 5-06.1 Description Pavement areas that have been removed by construction activities must be restored by the Contractor prior to the end of each working period. Within paved streets, driveways or sidewalks, the Contractor may use temporary pavement to allow vehicular/pedestrian traffic to travel over the construction areas. Temporary pavement shall be placed around trench plates or others devices used to cover construction activities in a manner that provides a smooth and safe transition between surfaces. 5-06.2 Materials The asphalt pavement for temporary patches shall be 2” of a hot mix or cold mix asphalt composition determined by the Contractor to provide a product suitable for the intended application. The Contractor shall not use materials that are a safety or health hazard. Temporary pavement material that does not form a consolidated surface after compaction shall be considered unsuitable and shall be removed from the site. Unsuitable temporary pavement shall be disposed of offsite. 5-06.3 Construction Requirements The Contractor shall maintain temporary asphalt patches to the satisfaction of the governing road agency and the Engineer until said patch is replaced with permanent hot patch. The completed 05/06/2021 97 temporary pavement shall be free from ridges, ruts, bumps, depressions, objectionable marks, or other irregularities. The permanent hot mix asphalt patch shall be placed and sealed within 30 calendar days. The Contractor shall immediately repair, patch, or remove any temporary pavement that does not provide a flat transition between existing pavement areas. All temporary asphalt pavement shall be removed from the site by the end of the project and shall not be used as permanent asphalt pavement or subgrade material. 7-01 DRAINS 7-01.2 Materials The second paragraph of Section 7-01.2 is revised with the following: (******) Drain pipes may be concrete, zinc coated (galvanized) corrugated iron with Asphalt Treatment I, aluminum coated (aluminized) corrugated iron with Asphalt Treatment I, zinc coated (galvanized) steel with Asphalt Treatment I, corrugated aluminum alloy, polyvinyl chloride (PVC), corrugated polyethylene (PE), or corrugated polypropylene (PP) at the option of the Contractor unless the Plans specify the type to be used. 7-01.3 Construction Requirements 7-01.3(1) Drain Pipe Section 7-01.3(1) is revised with the following: (******)PVC drainpipe shall be jointed with a bell and spigot joint using a flexible elastomeric seal as described in Section 9-04.8. The bell shall be laid upstream. PE or ABS drainpipe shall be jointed with snap-on, screw-on, or wraparound coupling bands as recommended by the manufacturer of the tubing. 7-01.3(2) Underdrain Pipe The second paragraph is revised with the following: (******) PVC under drain pipe shall be jointed using either the flexible elastomeric seal as described in Section 9-04.8 or solvent cement as described in Section 9-04.9, at the option of the Contractor unless otherwise specified in the Plans. The bell shall be laid upstream. PE or ABS drainage tubing under drain pipe shall be jointed with snap-on, screw-on, or wraparound coupling bands, as recommended by the manufacturer of the tubing. 7-01.4 Measurement Section 7-01.4 is supplemented with the following: (******) When the Contract does not include "Structure Excavation Class B" or "Structure Excavation Class B Including Haul" as a pay item all costs associated with these items shall be included in other contract pay items. 7-02 CULVERTS 7-02.2 Materials The second paragraph of Section 7-02.2 is revised and supplemented with the following: (******) Where steel or aluminum are referred to in this section in regard to a kind of culvert pipe, pipe arch, or end sections, it shall be understood that steel is zinc coated (galvanized) with Asphalt Treatment I or aluminum coated (aluminized) corrugated iron or steel, and aluminum is corrugated aluminum alloy as specified in Sections 9-05.4 and 9-05.5. Where plain or reinforced concrete, steel, or aluminum are referred to in Section 7-02 it shall be understood that reference is also made to PVC. 05/06/2021 98 7-04 STORM SEWERS 7-04.2 Materials The first paragraph of Section 7-04.2 is deleted in its entirety and replaced with the following: (******) Unless a pipe material is specifically called out on the Plans, materials shall meet the following requirements. Size Pipe Material Allowed Specification 6-12” Polypropylene Storm Sewer Pipe Ductile Iron Pipe Corrugated Polyethylene Storm Sewer Pipe (CPEP) 9-05.24(2) 9-05-13 9-05.20 Where bends are specifically called out on the plans, they shall be of the same material and manufacturer as the main pipe and meet the manufacturer’s recommendations. The second paragraph of Section 7-04.2 is supplemented with the following: (******) The Contractor shall require pipe suppliers to furnish certificates signed by their authorized representative, stating the specifications to which the materials or products were manufactured. The Contractor shall provide 2 copies of these certifications to the Engineer for approval. Certificates showing nonconformance with the Contract shall be sufficient evidence for rejection. Approval of certificates shall be considered only as tentative acceptance of the materials and products, and such action by Engineer will not relieve Contractor of his/her responsibility to perform field tests and to replace or repair faulty materials, equipment, and/or workmanship and Contractor’s own expense. Section 7-04.2 is supplemented with the following: (******) Dense foam shall meet 9-05.52 of these Special Provisions. 7-04.3 Construction Requirements 7-04.3(1) Cleaning and Testing Section 7-04.3(1) is supplemented with the following: (******) Before testing begins and in adequate time to obtain approval through submittal process, prepare and submit test plan for approval by Engineer. Include testing procedures, methods, equipment, and tentative schedule. Obtain advance written approval for any deviations from Drawings and Specifications. Repair, correct, and retest sections of pipe which fail to meet specified requirements when tested. Perform testing as work progresses. Schedule testing so that no more than 1000 linear feet of installed pipeline remains untested at one time. Perform testing under observation of Engineer or Inspector. Schedule testing during no rain. Plug the lower end of the pipe if needed to test pipe. At the request of the Engineer, all pipe larger than 30-inch diameter shall have joints individually tested for Joint Tightness. Prior to final backfill, all joints shall be individually tested using low- pressure air per ASTM C1103. For the installation of any flexible pipe larger than 30-inches in diameter, the Contractor shall retain the services of a pipe manufacturer representative, knowledgeable in the installation methods and practices for the specific pipe product used on this 05/06/2021 99 project, as well as on the installation practices for flexible pipelines in general. The manufacturer’s representative shall be present full time on site during the construction of the first 300 feet of pipe installation, and part-time, as required, thereafter until the entire pipeline installation is complete. The manufacturer’s representative shall observe pipe foundation, pipe installation, placement and compaction of pipe zone bedding and backfill, and testing procedures. The manufacturer’s representative shall notify Engineer and Contractor of any non-conforming installation, identifying the manufacturer recommended corrective action(s), within 24 hours of such occurrence. At the request of the Engineer, all flexible pipe shall be tested for maximum pipe deflection by pulling a rigid mandrel through the entire (i.e., 100%) flexible pipe length installed. Maximum deflection shall not exceed 5%. Mandrel testing shall conform to ASTM D3034, and be performed no sooner than 30 days after backfilling and prior to final acceptance testing of the segment. Submit test results to the Engineer. 1. Rigid mandrel shall have outside diameter (O.D.) equal to 95 percent of inside diameter (I.D.) of pipe. Inside diameter of pipe, for purpose of determining outside diameter of mandrel, shall be average outside diameter minus two minimum wall thicknesses for O.D. controlled pipe and average inside diameter for I.D. controlled pipe, dimensions shall be per appropriate standard. Statistical or other "tolerance packages" shall not be considered in mandrel sizing. 2. Rigid mandrel shall be constructed of metal or rigid plastic material that can withstand 200 psi without being deformed. Mandrel shall have nine or more "runners" or "legs" as long as total number of legs is odd number. Barrel section of mandrel shall have length of at least 75 percent of inside diameter of pipe. Rigid mandrel shall not have adjustable or collapsible legs which would allow reduction in mandrel diameter during testing. Provide and use proving ring for modifying each size mandrel. 3. Furnish "proving ring" with each mandrel. Fabricate ring of 1/2-inch-thick, 3-inch-wide bar steel to diameter 0.02 inches larger than approved mandrel diameter. 4. If a rigid mandrel is not available, the Contractor may substitute a round steel bar meeting #3 above. “Testing Storm Sewer Pipe” shall be incidental to and included in storm sewer pipe bid items. 7-04.3(1)G Abandon Existing Storm Sewer Pipes Section 7-04.3(1)G is a new section: (******) Where it is shown on the plans that existing storm sewer pipe is to be abandoned by filling with grout, all abandonment of storm drain lines shall conform to Section 7-17.3(2)I. 7-04.3(2) CCTV Inspection Section 7-04.3(2)is a new added section: (******) All storm drain main lines constructed as part of this project shall be inspected by the use of closed- circuit television (CCTV) before substantial completion. The costs incurred in making the inspection shall be paid for under “CCTV Inspection”. All CCTV inspections for storm drain lines shall conform to Section 7-17.3(2)H. 7-04.3(3) Direct Pipe Connections Section 7-04.3(3) is a new added section as follows: (******) Direct Pipe Tee Connections: Direct pipe tee connections for use in gravity-flow storm drainage direct connections to pipe shall be Inserta Tee service connections, as manufactured by Inserta Tee and shall meet ASTM F2946 and consist of a PVC hub, rubber sleeve, and stainless steel band. Connection shall be a compression fit into the cored wall of a mainline pipe. Hub shall be made from heavy-duty PVC material. Stainless 05/06/2021 100 steel clamping assembly shall be of SS #301 for the band and housing and SS #305 for screws. Rubber sleeve and gasket, when applicable, shall meet the requirements of ASTM F477. Gaskets shall be installed by the manufacturer. A water-based solution provided by the manufacturer shall be used during assembly. Inserta Tee product shall provide a water connection according to the requirements of ASTM D3212. Field Pipe and Joint Performance: To assure water tightness, field performance verification may be accomplished by testing in accordance with ASTM F2487, ASTM F1417 or ASTM C1103. Appropriate safety precautions must be used when field-testing any pipe material. Contact the manufacturer for recommended leakage rates. Installation: Installation shall be accordance with the manufacturer’s recommended installation guidelines. Backfill around the Inserta Tee service connection shall be, at a minimum, of the same material type and compaction level as specified for the mainline pipe installation. 7-05 MANHOLES, INLETS, AND CATCH BASINS 7-05.3 Construction Requirements Section 7-05.3 is supplemented with the following: (******) All manholes shall be in accordance with City of Renton Standard Plans. Connection to manholes or catch basins for storm sewer pipe less than 24-inch shall be “Kor-n-Seal” boot or approved equal. Sanitary sewer pipe to sanitary sewer manhole connections shall be “Kor-n-Seal” boot or approved equal. 7-05.3(1) Adjusting Manholes and Catch Basins to Grade Section 7-05.3(1) is replaced with the following: (******) Where shown in the Plans or where directed by the Engineer, the existing manholes, catch basins, or inlets shall be adjusted to the grade as staked or otherwise designated by the Engineer. The existing cast iron ring and cover on manholes and the catch basin frame and grate shall first be removed and thoroughly cleaned for reinstalling at the new elevation. From that point, the existing structure shall be raised or lowered to the required elevation. The Contractor shall construct manholes so as to provide adjustment space for setting cover and casting to a finished grade as shown on the Construction Plans. Manhole ring and covers shall be adjusted to the finished elevations per Standard Plan 106 prior to final acceptance of the Work. Manholes in unimproved areas shall be adjusted to 6” above grade. In unpaved streets: manholes, catch basins, and similar structures in areas to be surfaced with crushed rock or gravel shall be constructed to a point approximately eight inches below the subgrade and covered with a temporary wood cover. Existing manholes shall be cut off and covered in a similar manner. The Contractor shall carefully reference each manhole so that they may be easily found upon completion of the street Work. After placing the gravel or crushed stone surfacing, the manholes and manhole castings shall be constructed to the finished grade of the roadway surface. Excavation necessary for bringing manholes to grade shall center about the manhole and be held to the minimum area necessary. At the completion of the manhole adjustment, the void around the manhole shall be backfilled with materials which result in the section required on the typical roadway section, and be thoroughly compacted. In cement concrete pavement: manholes, catch basins, and similar structures shall be constructed and adjusted in the same manner as outlined above except that the final adjustment shall be made 05/06/2021 101 and cast iron frame be set after forms have been placed and checked. In placing the concrete pavement, extreme care shall be taken not to alter the position of the casting in any way. In asphalt concrete pavement: manholes shall not be adjusted until the pavement is completed, at which time the center of each manhole shall be carefully relocated from references previously established by the Contractor. The manhole shall then be brought to proper grade utilizing the same methods of construction as for the manhole itself. The cast iron frame shall be placed on the concrete grade rings and mortar. The complete patch shall match the existing paved surface for texture, density, and uniformity of grade. The joint between the patch and the existing pavement shall then be carefully painted with hot asphalt cement or asphalt emulsion and shall be immediately covered with dry paving sand before the asphalt cement solidifies. Adjustment of inlets: The final alignment and grade of cast iron frames for new and old inlets to be adjusted to grade will be established from the forms or adjacent pavement surfaces. The final adjustment of the top of the inlet will be performed in similar manner to the above for manholes. On asphalt concrete paving projects using curb and gutter section, that portion of the cast iron frame not embedded in the gutter section shall be solidly embedded in asphalt also. The existing concrete pavement and edge of the casting shall be painted with hot asphalt cement. Adjustments in the inlet structure shall be constructed in the same manner and of the same material as that required for new inlets. Monument cast iron frame and cover: monument castings shall be adjusted to grade in the same manner as for manholes. Valve box castings: adjustments of valve box castings shall be made in the same manner as for manholes. 7-05.3(3) Connections to Existing Manholes Section 7-05.3(3) is supplemented by adding the following: (******) Where shown on the Plans, new drain pipes shall be connected to existing line, catch basin, curb inlets and/or manholes. The Contractor shall be required to core drill into the structure, shape the new pipe to fit and re-grout the opening in a workmanlike manner. Where directed by the Engineer or where shown on the Plans, additional structure channeling will be required. Connections to existing sanitary sewer manholes shall be core drilled. Couplings shall be equal to “Kor-n-Seal” boots. Existing sanitary sewer manholes shall be cleaned, repaired, and re-channeled as necessary to match the new pipe configuration and as shown on the Construction Plans. A "connection to existing" item will be allowed at any connection of a new line to an existing structure. No "connection to existing" will be accepted at the location of new installation, relocation and adjustment of line manholes, catch basins, or curb inlets. The unit bid price per each shall be full compensation for all labor, materials and equipment required. 7-05.3(5) Manhole Coatings Section 7-05.3(5) is an added new section: (******) All interior surfaces of new precast concrete sanitary sewer manholes shall be shop coated in accordance with 9-08.8. Coating shall be applied in accordance with manufacturer’s recommendations in a controlled environment before arriving on site. Field application of interior coating will not be accepted. Coating Material: High Solids Urethane Surfaces: Concrete Surface Preparation: In accordance with SSPC SP-7 05/06/2021 102 (Sweep of brush off blast) Application: Shop The drying time between coats shall not exceed 24 hours in any case System Thickness: 3.0-4.0 mils dry film Coatings: Primer: One coat of Wasser MC-Shieldcoat 100 (1.5.0-2.0 mils DFT) Finish: Two or more coats of Wasser MC-Shieldcoat 100 (min. 1.5-2.0 mils DFT) Color: White 7-06 TRENCH DRAINS (NEW SECTION) Section 7-06 is a new section. (******) 7-06.1 Description This Work consists of the construction of new trench drain in accordance with the plans and specifications. 7-06.2 Materials Trench drain shall be Polydrain PDX 15” wide, or acceptable equal. Trench drain and supporting concrete shall be designed for HS20 loading. Grate shall be either Model #603 or #606 as determined by the City. Submittals: A. Shop Drawings: Show a schematic plan of the total drainage system including fabrication details. Shop drawing shall indicate the number and type of each pre- sloped channels and non pre-sloped channels. B. Product Data: Manufacturer's catalog sheets, specifications, and installation instructions for each item specified. C. Samples: Section of trench drain and grate (minimum 6-inch length) D. Product Data: 1. Concrete Design Mix: Submit proposed concrete design mix together with name and location of batching plant at least 28 days prior to the start of concrete work. 2. Portland Cement: Brand and Manufacturer’s name. 3. Air-entraining Admixture: Brand and manufacturer’s name. 4. Water-reducing or High Range Water-reducing Admixture: Brand and manufacturer’s name. 5. Curing and Anti-Spalling Compound: Manufacturer’s specifications and application instructions. 7-06.3 Construction Requirements Cement concrete shall be constructed with air entrained concrete Class 4000 confirming to the requirements of Section 6-02. Applicable requirements for concrete curbs and gutters in Section 8- 4.2 shall apply. Trench drain shall be installed per manufacturer’s recommendations and product installation procedures. 05/06/2021 103 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS 7-08.3 Construction Requirements 7-08.3(1)A Trenches Section 7-08.3(1)A is supplemented with the following: (******) Trench Excavation Incl. Haul includes the trench excavation for the storm sewer, sanitary sewer, and water main construction in accordance with the trench limits outlined on the plan drawings. All trench excavated materials shall be disposed of off-site at an approved Contractor-provided disposal site. Excavation outside the excavation limits shown on the plan drawings shall be at no additional expense to the City. Contaminated Trench Excavation includes the trench excavation of materials characterized as contaminated based on sampling results for the storm sewer, sanitary sewer, and water main construction and in accordance with the trench limits outlined on the plan drawings. This excavated soil shall be managed in accordance with applicable state and federal regulations outlined in the Contract Documents. Handling and disposal of materials shall adhere to all transportation requirements, receive pre-approval from a disposal facility, manifesting, and record keeping, etc., as outlined in the Contractor’s Contaminated Soil and Groundwater Handling and Management Plan . Excavations will require a shoring system to limit the volume of excavation. Excavation outside the trench limits shown on the plan drawings shall be at no additional expense to the City. 7-08.3(1)C Bedding the Pipe Section 7-08.3(1)C is supplemented with the following: (******) Bedding material shall meet the requirements of Gravel backfill for Pipe Zone Bedding in accordance with Standard Specification Section 9-03.12(3). Pipe bedding shall be considered incidental to the pipe and no further compensation shall be made. Pipe bedding material shall be placed to a depth of 6" over and 6" under the exterior walls of the pipe. Hand compaction of the pipe bedding materials under the pipe haunches shall be required. Pipe bedding should provide a firm uniform cradle for support of the pipes. Prior to installation of the pipe, the pipe bedding should be shaped to fit the lower part of the pipe exterior with reasonable closeness to provide uniform support along the pipe. Hand compaction shall be accomplished by using a suitable tamping tool to firmly tamp bedding material under the haunches of the pipe. Care shall be taken to avoid displacement of the pipe during the compaction effort. In areas where the subgrade soils in the trench excavation consist of fine-grained soils, such as silt/clay, or organic rich soils, the Engineer may direct the Contractor to use a geotextile separator fabric be placed over the native soils prior to placement of the pipe bedding. The geotextile shall meet the requirements of Section 9-33.2(1) Table 3 for Separation. Geotextile shall be paid for by other items. 7-08.3(1)D Pipe Foundation Section 7-08.3(1)D is a new section: (******) Pipe foundation in poor soil: When soft or unstable material is encountered at the subgrade which, in the opinion of the Engineer, will not uniformly support the pipe, such material shall be excavated to an additional depth as required by the Engineer and backfilled with foundation gravel material 05/06/2021 104 placed in maximum 12-inch lifts. Foundation gravel shall conform to the requirements of Section 9- 03.17 of the Standard Specifications. Corrections faulty grade: Excess excavation below grade shall be backfilled with foundation gravel as specified above and thoroughly compacted to the required grade line. 7-08.3(2)A Survey Line and Grade Section 7-08.3(2)A is replaced with: (******) Survey line and grade control shall be provided in accordance with Sections 1-05.4, 1-05.5 and 1-11 in a manner consistent with accepted practices. The Contractor shall transfer line and grade into the trench where they shall be carried by means of a laser beam. Any other procedure shall have the written approval of the Engineer. 7-08.3(2)B Pipe Laying – General Section 7-08.3(2)B is supplemented with the following: (******) Checking of the invert elevation of the pipe may be made by calculations from measurements on the top of the pipe, or by looking for ponding of 1/2" or less, which indicates a satisfactory condition. At manholes, when the downstream pipe(s) is of a larger size, pipe(s) shall be laid by matching the (eight- tenths) flow elevation, unless otherwise approved by the Engineer. All pipe, fittings, etc. shall be carefully handled and protected against damage, impact shocks, and free fall. All pipe handling equipment shall be acceptable to the Engineer. Pipe shall not be placed directly on rough ground but shall be supported in a manner, which will protect the pipe against injury whenever stored at the trench site or elsewhere. No pipe shall be installed where the lining or coating show defects that may be harmful as determined by the Engineer. Such damaged lining or coating shall be repaired, or a new undamaged pipe shall be furnished and installed. The Contractor shall inspect each pipe and fitting prior to installation to insure that there are not damaged portions of the pipe. Any defective, damaged, or unsound pipe shall be repaired or replaced. All foreign matter or dirt shall be removed from the interior of the pipe before lowering into position in the trench. Pipe shall be kept clean during and after laying. All openings in the pipeline shall be closed with watertight expandable type sewer plugs at the end of each day's operation, or whenever the pipe openings are left unattended. The use of burlap, wood, or other similar temporary plugs will not be permitted. Where necessary to raise or lower the pipe due to unforeseen obstructions or other causes, the Engineer may change the alignment and/or the grades. Except for short runs, which may be permitted by the Engineer, pipes shall be laid uphill on grades that exceed 10 percent. Pipe, which is laid on a downhill grade, shall be blocked and held in place until sufficient support is furnished by the following pipe to prevent movement. Unless otherwise required, all pipe shall be laid straight between the changes in alignment, and at uniform grade between changes in grade. For concrete pipes with elliptical reinforcement, the pipe shall be placed with the minor axis of the reinforcement in a vertical position. Immediately after the pipe joints have been made, proper gasket placement shall be checked with a feeler gage as approved by the pipe manufacturer to verify proper gasket placement. 7-08.3(2)E Rubber Gasketed Joints Section 7-08.3(2)E is supplemented with the following: (******) 05/06/2021 105 Care shall be taken by the Contractor to avoid over-inserting the pipe and damaging the pipe or joint system. Any damaged pipe shall be replaced by the Contractor at his expense. 7-08.3(2)H Sewer Line Connections Section 7-08.3(2)H is supplemented with the following: (******) All connections not occurring at a manhole or catch basin shall be done utilizing pre-manufactured tee connectors or pipe sections approved by the Engineer. Any other method or materials proposed for use in making connections shall be subject to approval by the Engineer. Unless otherwise approved by the Engineer, all connections of lateral sewers to existing mains shall be as follows: A. Vitrified Clay Main Cut in new PVC “Tee” using “Strong-Back” Flexible Couplings (Fernco or approved equal). B. Concrete Main Cut in new PVC “Tee” using “Strong-Back” Flexible Couplings (Fernco or approved equal). C. PVC & C900 PVC Main Core-drilled with Romac Saddle (or approved equal) or cut in new “Tee” using “Strong-Back” Flexible Couplings (Fernco or approved equal). D. Ductile Iron Main Core-drilled with Romac Saddle (or approved equal). E. Lined Sewer Main Connection to sewer mains that have been lined (CIPP, Etc.); cut in new “Tee” using “Strong-Back” Flexible Couplings (Fernco or approved equal). F. HDPE Core-Drilled with Romac Saddle. “Inserta-Tee” may be used on sewer mains 12” diameter or larger. Connections (unless booted connections have been provided for) to existing concrete manholes shall be per Section 7-05.3(3). 7-08.3(2)J Placing PVC Pipe 7-08.3(3)A Backfilling Pipe Trenches Section 7-08.3(3)A is a new section supplementing 7-08.3(3) (******) To the maximum extent available, suitable material obtained from trench or pond excavation shall be used for trench backfill. All material placed as trench backfill shall be free from rocks or stones larger than 6 inches in their greatest dimension, brush, stumps, logs, roots, debris, and organic or other deleterious materials. No stones or rock shall be placed in the upper three feet of trench backfill.Rock or stones within the allowable size limit incorporated in the remainder of fills shall be distributed so that they do not congregate or interfere with proper compaction. The existing soils shall not be reused as trench backfill unless otherwise required by the Engineer. Structural fill shall consist of Gravel Borrow, meeting the requirements of Section 9-03.14(1) of the Standard Specifications. It should be free of organics and other debris. The structural trench backfill should be moisture conditioned to within approximately 3 percent of optimum moisture content, placed in loose horizontal lifts less than 6 inches in thickness, and compacted to at least 95 percent of the maximum dry density (MDD) as determined by the Modified Proctor compaction test method ASTM D 1557. Trench backfill shall be densely compacted in a systematic manner using methods that consistently produce adequate compaction levels. During placement of the initial lifts, the trench backfill material shall not be bulldozed into the trench or dropped directly on the pipe. Heavy vibratory equipment shall not be permitted to operate directly over the pipe until a minimum of 2 feet of backfill has been placed over the pipe bedding. 05/06/2021 106 Contactor shall take special care to obtain good compaction up to the edges of the excavation as the shoring is removed. The Engineer may be on-site to collect soil samples and to test compaction. The Contractor shall provide site access at all times for compaction testing and sample collection. Areas of the trench which fail to meet the compaction requirements shall be removed and replaced and re-compacted at the Contractor’s expense. The Contractor shall be responsible for any settlement of backfill, sub-base, and pavement that may occur during the period stipulated in the Contract conditions. All repairs necessary due to settlement shall be made by the Contractor at his expense. Backfill in unimproved areas shall be compacted to at least 90 percent of maximum dry density as determined by the modified proctor compaction test, ASTM D1557. The Contractor shall be responsible for the disposal of any excess excavated material. 7-08.3(5) Temporary Stormwater Diversion Section 7-08.3(5) is an added new section (******) It shall be the Contractor’s responsibility to maintain operation of the existing storm sewer system throughout the duration of the project without any disruption of service until the new storm drain has been accepted by the City to receive stormwater flows, and connections are made between the existing and new storm based on scheduling approved by the Engineer. A temporary stormwater diversion shall be capable of bypassing at least the 2-year peak flow during construction. The Contractor shall submit proposed methods for providing the diversions to the Engineer for approval prior to construction. The diversions shall have the least impact on property owners and traffic flow through the site. The diversions shall be installed, operated, and maintained only when needed where the existing storm drain system must be demolished to allow construction of the new system. Where shown on the Plans, Contractor shall time work of bypasses during period of anticipated no or little rain. If bypass pumping is provided, it shall be scheduled for continuous operation with backup equipment available at all times for periods of maintenance and refueling or failure of the primary bypass pump(s) or diversion system. The Contractor shall submit a Temporary Stormwater Diversion Plan in accordance with Section 1-05. The Contractor’s plan shall be reviewed by the City before the plan is implemented. The review of the flow diversion plan shall, as well as the Contractor’s proposed size of the bypass, in no way relieve the Contractor of his responsibility to provide a bypass system that conveys encountered flows without property damage or damage to the project or construction area. As risk associated with sizing the bypass and impacts to construction is born by the Contractor. 7-08.4 Measurement Section 7-17.4 is supplemented with the following: (******) Measurement of “Bank Run Gravel for Trench Backfill Sewer” will be determined by the cubic yard in place, measured by the neat line dimensions shown in the Plans, or by the ton on truck tickets. 05/06/2021 107 7-09 PIPE AND FITTINGS FOR WATER MAINS 7-09.3(15)A Ductile Iron Pipe Section 7-09.3(15) is deleted in its entirety and replaced with the following: (******) Long radius curves with radius of 400 feet or more, either horizontal or vertical, pipe may be laid with standard pipe lengths by deflecting the joints. If the pipe is shown curved on the Plans and no special fittings are shown, the Contractor can assume that the curves can be made by deflecting the joints with standard lengths of pipe. If shorter lengths are required, the Plans will indicate maximum lengths that can be used. The amount of deflection at each pipe joint when pipe is laid on a horizontal or vertical curve shall not exceed 50% of the manufacturer’s printed recommended deflections. The Contractor shall submit to the Engineer the pipe manufacturer's joint deflection recommendations prior to pipe installation indicating deflections are within allowable AWWA specification tolerances. Where field conditions require deflection or curves not anticipated by the Plans, the Engineer will determine the methods to be used. No additional payment will be made for laying pipe on curves as shown on the Plans, or for field changes involving standard lengths of pipe deflected at the joints. When special fittings not shown on the Plans are required to meet field conditions, additional payment will be made for special fittings as provided in Section 1-09.6. When rubber gasketed pipe is laid on a curve, the pipe shall be jointed in a straight alignment and then deflected to the curved alignment. Trenches shall be made wider on curves for this purpose. Where pipe installation on curves requires the use of special fittings, concrete blocking shall be used per Section 7-09.3(21). Where restrained joint pipe is installed on a curve, the Contractor shall submit the pipe manufacturer’s recommendations to the Engineer for approval. 7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over) Section 7-09.3(15)B is deleted in its entirety and replaced with the following: (******) Polyvinyl Chloride (PVC) Pipe shall not be used for water mains and appurtenances. 7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene Encasement The title and text of section 7-09.3(17) has been revised with the following: (******) The Contractor shall lay ductile iron pipe with a polyethylene encasement. Pipe and polyethylene encasement shall be installed in accordance with AWWA C105. The polyethylene encasement shall also be installed on all appurtenances, such as pipe laterals, couplings, fittings, and valves, with 8-mil polyethylene plastic in accordance with Section 4-5 of ANSI 21.5 or AWWA C105. The polyethylene wrap shall be tube type and black color. Any damage that occurs to the wrap shall be repaired in accordance with ANSI/AWWA C105/A21.5-93. Installation of the polyethylene encasement shall be considered incidental to the installation of the pipe and no additional payment shall be allowed. 7-09.3(19)A Connections to Existing Mains Section 7-09.3(19) is revised to read as follows: (******) The Contractor shall not operate any valve on existing Water Main. The City of Renton Water Operations and Maintenance staff will make all connections to charged water mains and will operate all valves to accomplish shutdowns and subsequent reactivation. The draining of existing water mains will be done by City water maintenance staff. The Contractor shall provide pumping and disposal of the water from the draining of the existing water mains including 05/06/2021 108 de-chlorination of the water prior to disposal. Connections to the existing water main shall not be made without first making the necessary scheduling arrangements with the Engineer in advance. The Contractor shall request water main shut-offs for connections of new water mains to existing water mains at least ten (10) working days in advance for each connection. Approval of connections to existing water main is contingent on the Water Main and appurtenances being completely installed, tested, cleaned with polypig, disinfected and flushed per Contract requirements. City’s water operations and maintenance staff will notify in writing all water customers affected by the shut-offs of the water mains at least 48 hours in advance (not including weekends and holidays) of any water shut-offs. The Contractor may be required to perform the connection during times other than normal working hours. Water main shut-offs shall occur during non-holiday weekdays unless otherwise specified in the contract documents. Water main shut-offs shall not occur in the five (5) weekdays preceding or the day after the major holidays listed below: New Year’s Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Christmas Day. Due to the needs of various water customers in the project vicinity, water shut-off periods are limited to the times set forth below: Days Hours Monday to Thursday 9:00 AM TO 3:00 PM Friday to Sunday DO NOT SCHEDULE The City of Renton’s Water Maintenance Manager, at his/her sole discretion, may adjust the above shut-off periods in order to address specific project circumstances and customer needs. No water main shutoffs affecting public schools will be allowed during scheduled school hours. The City reserves the right to re-schedule the connection if the work area is not ready at the scheduled time for the connection. Points of connection to existing water mains shall be exposed by hydro excavation or potholing prior to trenching of the new water mains. Before the installation of the new water mains, the Contractor shall field verify, in the presence of the Engineer, the actual location and depth of the existing water mains where new connections will be made to assure proper fit. Care shall be taken not to disturb existing thrust blocks and soil bearing areas. After excavation, the Contractor shall verify the dimensions, type, condition, and roundness of the exposed water main. The Contractor shall immediately notify the Engineer if the connection cannot be made as specified by the Contract Plans in order that the connection detail may be revised. When necessary, the profile shall be adjusted as directed by the Engineer to prevent abrupt changes in grade and alignment of the water main and connection. The Contractor shall provide all saw-cutting, removal and disposal of existing surface improvements, excavation, haul and disposal of unsuitable materials, shoring, de-watering, foundation material, at the connection areas before the scheduled time for the connection by the City. The Contractor shall provide all materials necessary for the City Water Maintenance personnel to install all connections to existing water mains as indicated on the contract plans, including fittings, couplings, pipe spools, shackle materials to complete the connections. The City Water Operations and Maintenance staff will: a) Deactivate and dewater the existing and new water main to perform the connections. The Contractor shall provide pumping and disposal of the water from the draining of the water mains including de-chlorination. b) Cut, remove and dispose pipe sections as necessary to install the new Materials with Contractor’s assistance c) Swab all connecting pipe and fittings with 5-6%chlorine solution d) Perform the connection work 05/06/2021 109 e) Reactivate and flush the Water Main The Contractor shall install the polywrap on all pipe and fittings at the connection points and installed concrete thrust blocks per Contract standard plans and specifications. In addition to those connections shown on the Plans, segments of a new Water Main may be placed in service prior to completion of the new Water Main. All connection between the charged and uncharged segments of the new Water Main, including connection to a new Tapping Tee and Valve will be done by the City of Renton Water Operations and Maintenance staff. Connections to existing water mains which include the cutting of the existing water main for the installation of new in-line tee and valves shall be done in two steps: Step 1: Cut-in of existing water main for installation of in-line tee, valves and appurtenances The Contractor shall provide all materials necessary for the City Water Maintenance personnel to cut the existing water main as indicated on the contract plans for the installation of the in-line tee and valves, including but not limited to the required fittings, couplings, pipe spools, shackle materials to complete the cut-in. After the cut-in of the in-line tee and valves by City personnel, the Contractor shall provide and install concrete blocking and polyethylene encasement behind the tee and other fittings. A minimum 3-day curing period is for all concrete blockings before a connection can be made to the new water mains or new tapping valve. Step 2: Connection of new water main to the above cut-in tee and valves, or to a new tapping valve on existing water mains 7-09.3(21) Concrete Thrust Blocking and Dead -Man Block Section 7-09.3(21) is deleted in its entirety and replaced with the following: (******) Concrete thrust blocking shall be placed at bends, tees, dead ends, crosses and on other fittings in conformance to the City of Renton Standards Plans, latest revisions and Contract Plans. Concrete thrust collar and blocking and dead-man thrust blocking shall be installed at locations shown on the plans and shall be in conformance with the Standard Plans and contract Plans. Reinforcement steel shall be Grade 40 or better. Blocking shall be poured in place Ready-Mix Concrete Class 3000 with a minimum compressive strength at 28 days of 3,000 psi. Job site mixing, hand-mixed concrete and mobile concrete mixers are not allowed. All fittings to be blocked shall be wrapped with 8-mil polyethylene plastic. Concrete blocking shall bear against solid undisturbed earth at the sides and bottom of the trench excavation and shall be shaped and properly formed with plywood or other acceptable forming materials so as not to obstruct access to the joints of the pipe, bolts or fittings. The forms shall be removed pri or to backfilling. Unacceptable concrete blocking shall be replaced at the Contractor’s expense. The Contractor shall provide the Engineer at least 1 Working Day advance notice before pouring concrete thrust blocking and 1 Working Day advance notice for inspection and approval of all concrete blocking prior to backfilling. 7-09.3(23) Hydrostatic Pressure Test Section 7-09.3(23) is revised to read as follows: (******) Water main and appurtenances including service connections to the meter setter shall be tested in sections of convenient length under a hydrostatic pressure equal to 150 psi in excess of that under which they will operate or in no case shall the test pressure be less than 225 psi at the highest point on the water main. Pumps, gauges, plugs, saddles, corporation stops, miscellaneous hose and piping, and measuring equipment necessary for performing the test shall be furnished and operated by the Contractor. 05/06/2021 110 The Contractor shall obtain a hydrant meter permit from the City by completing a permit application and making the required security deposits. The Contractor shall use the City’s issued hydrant meter with an attached backflow prevention assembly to draw water from the City’ water system to fill the water mains for poly-pigging, testing, cleaning, disinfection and for subsequent flushing purposes. There will be a charge for the water used for filling, testing, cleaning and disinfection of the water mains. Sections to be tested shall normally be limited to 1,500 feet or less. The Engineer may require that the first section of pipe, not less than 1,000 feet in length, installed by each of the Contractor’s crews, be tested in order to qualify the crew and the materials. Pipe laying shall not be continued more than an additional 1,000 feet until the first section has been tested successfully. The pipeline shall be backfilled sufficiently to prevent movement of the pipe under pressure. Thrust blocks shall be in place and time allowed for the concrete to cure before testing. Where permanent blocking is not required, the Contractor shall furnish and install temporary blocking and remove it after testing. Before applying the specified test pressure, the water main shall be slowly filled and air shall be expelled completely from the pipe, valves and hydrants. If permanent air vents are not located at all high points, the contractor shall install corporation cocks at such points so that the air can be expelled as the line is filled with water. After all the air has been expelled, the corporation cocks shall be closed and the test pressure applied. At the conclusion of the pressure test, the corporation cocks shall be removed and plugged. The Contractor shall perform a leakage test concurrently with the pressure test. The pressure test shall be conducted for a 2-hour period. The test shall be accomplished by pumping the main up to the required pressure, stopping the pump for 2 hours, and then pumping the main up to the test pressure again. During the test, the section being tested shall be observed to detect any visible leakage. A clean container shall be used for holding water for pumping up pressure on the main being tested. This makeup water shall be sterilized by the addition of chlorine to a concentration of 50 mg/l. The acceptability of the pressure test and leakage test will be determined by two factors as follows: 1. The loss in pressure shall not exceed 5 psi during the 2-hour test period. 2. The quantity of water lost from the main and appurtenances shall not exceed the number of gallons during the 2-hour test period as listed in the following table. Allowable leakage in gallons per 1000 ft. of pipeline* for a 2-hour test period Nominal Pipe Diameter in inches Test Pressure in psi 4” 6" 8" 10" 12" 16" 20" 24" 400 0.60 0.90 1.20 1.50 1.80 2.40 3.00 3.60 375 0.58 0.87 1.16 1.45 1.74 2.33 2.91 3.49 350 0.56 0.84 1.12 1.40 1.69 2.25 2.81 3.37 275 0.50 0.75 1.00 1.24 1.49 1.99 2.49 2.99 250 0.47 0.71 0.95 1.19 1.42 1.90 2.37 2.85 225 0.45 0.68 0.90 1.13 1.35 1.80 2.25 2.70 200 0.42 0.64 0.85 1.06 1.28 1.70 2.12 2.55 *If the pipeline under test contains sections of various diameters, the allowable leakage will be the sum of the computed leakage for each size. For those diameters or pressures not listed, the formula below shall be used: The quantity of water lost from the main shall not exceed the number of gallons per hour as determined by the formula: 05/06/2021 111 L= SD√P__ 266,400 where: L = Allowable leakage in gallons/hour S = Gross length of pipe tested, feet D = Nominal diameter of the pipe in inches P = Test pressure during the leakage test in psi The quantity of water required to restore the pressure shall be accurately determined by either 1) pumping from an open container of suitable size such that accurate volume measurements can be made by the Engineer or, 2) by pumping through a positive displacement water meter with a sweep unit hand registering one (1) gallon per revolution. The meter shall be approved by the Engineer. Pressure gauges used in the test shall be accompanied with certifications of accuracy from a testing Laboratory approved by the Engineer. Any visible leakage detected shall be corrected by the Contractor regardless of the allowable leakage specified above. Should the tested section fail to meet the pressure test successfully as specified, the Contractor shall, at no additional expense to the Contracting Agency, locate and repair the defects and then retest the pipeline. All tests shall be made with the hydrant auxiliary gate valves open and pressure against the hydrant inlet valve. After the test is completed, each valve shall be tested by closing each in turn and relieving the pressure beyond. This test of the valve will be acceptable if there is no immediate loss of pressure on the gauge when the pressure comes against the valve being checked. The Contractor shall verify that the pressure differential across the valve does not exceed the rated working pressure of the valve. Prior to calling out the Engineer to witness the pressure test, the Contractor shall have all equipment set up completely ready for operation and shall have successfully performed the test to ensure that the pipe is in satisfactory condition. Defective materials or workmanship, discovered as a result of hydrostatic field test, shall be replaced by the Contractor at no additional expense to the Contracting Agency. Whenever it is necessary to replace defective material or correct the workmanship, the hydrostatic test shall be re-run at the Contractor’s expense until a satisfactory test is obtained. 7-09.3(24)A Flushing and "Poly-pigging" Section 7-09.3(24)A shall be revised and supplemented with the following: (******) Prior to disinfection and prior to final flushing of the Water Mains for bacteriological sampling and testing, all Water Mains shall first be poly-pigged to remove any solids or contaminated materials that may have entered or become lodged in the pipes during installation. The "Poly-pig" shall be light density foam (1-2 lbs/cubic-foot) with 90A durometer urethane rubber coating on the rear of the "Poly-pig" only. The "Poly-pig" shall be cylinder shaped with bullet nose or squared end. The “Poly-pigs” shall be inserted in the pipes and retrieved form the pipes through launching stations with vertical crosses and blow-off assemblies as shown and on the Contract Plans and Standard Plans. If the main cannot be poly-pigged, then a tap shall be provided large enough to develop a flow velocity of at least 2.5 fps in the water main. Taps required by the Contractor for temporary or permanent release of air, chlorination or flushing purposes shall be provided by the Contractor as part of the construction of water mains. The Contractor shall be responsible for disposal of treated water flushed from mains and shal l neutralize the wastewater for protection of aquatic life in the receiving water before disposal into any natural drainage channel, i.e., receiving water, waters of the State, including wetlands. The Contractor shall be responsible for disposing of disinfecting solution to the satisfaction of the Contracting Agency and local authorities. At a minimum, chlorinated water shall be dechlorinated to a concentration of 05/06/2021 112 0.1 parts per million (ppm) or less, and pH adjustment to within 6.5 – 8.5 standard units before discharging to surface waters of the State or to a storm sewer system that drains to surface waters of the State. If approved by the Engineer and by the local authority responsible for the sanitary sewer system, disposal of treated water from mains may be made to an available sanitary sewer, provided the rate of disposal will not overload the sewer. 7-09.3(24)D Dry Calcium Hypochlorite Section 7-09.3(24)D is deleted in its entirety and replaced with the following: (******) Dry calcium hypochlorite shall not be placed in the pipe as laid. 7-09.3(24)K Retention Period Section 7-09.3(24)K is deleted in its entirety and replaced with the following: (******) Treated water shall be retained in the pipe at least 16 hours but no longer than 48 hours. After the retention period, the chlorine residual shall be tested at all pipe extremities and at other representative points and shall measure at least 10 mg/L. If a measurement of less than 10 mg/L is obtained repeat disinfection is required. 7-09.3(24)N Final Flushing and Testing Section 7-09.3(24)N is deleted in its entirety and replaced with the following: (******) Following chlorination, treated water shall be flushed from the newly-laid pipe until the replacement water throughout its length shows, upon test, the absence of chlorine. In the event chlorine is normally used in the source of supply, then the tests shall show a residual not in excess of that carried in the water supply system. A sample tap shall be located ahead of the flushing hose for convenience and for sanitary sampling. Before placing the lines into service, two satisfactory reports taken at least 15 minutes apart from each sampling point shall be received from the local or State Health Department or from a State accredited testing laboratory on samples collected from representative points in the new system. Samples will be collected and bacteriological tests obtained by the Engineer. At a minimum, chlorinated water shall be dechlorinated to a concentration of 0.1 parts per million (ppm) or less, and pH adjustment to within 6.5 to 8.5 standard units, if necessary, before discharging to surface waters of the State or to a storm sewer system that drains to surface waters of the State. 7-09.3(25) Joint Restraint Systems Section 7-09.3(25) is a new section: (******) General: Where shown in the Plans, in the Specifications or required by the Engineer, joint restraint system (shackle rods) shall be used. All joint restraint materials used shall be those manufactured by Star National Products, 1323 Holly Avenue, PO Box 258, Columbus Ohio 43216, unless an equal alternate is approved in writing by the Engineer. Materials: Steel types used shall be: High strength low-alloy steel (cor-ten), ASTM A242, heat-treated, superstar "SST" series. High strength low-alloy steel (cor-ten), ASTM A242, superstar "SS" series. 05/06/2021 113 Items to be galvanized are to meet the following requirements: ASTM A153 for galvanizing iron and steel hardware. ASTM A123 for galvanizing rolled, pressed and forged steel shapes. Joint restrainer system components: Tiebolt: ASTM A242, type 2, zinc plated or hot-dip galvanized. SST 7:5/8" for 2" and 3" mechanical joints, 3/4" for 4" to 12" mechanical joints, ASTM A325, type 3D, except tensile strength of full-body threaded section shall be increased to 40,000 lbs. minimum for 5/8" and 60,000 lbs. minimum for 3/4" by heat treating (quenching and tempering) to manufacturer’s reheat and hardness Specifications. SST 753: 3/4" for 14" to 24" mechanical joints. Same ASTM Specification as SST 7. SST 77: 3/4" same as SST 7, except 1" eye for 7/8" rod. Same ASTM Specification as SST 7. Tienut: Heavy hex nut for each tiebolt: SS8: 5/8" and 3/4", ASTM A563, grade C3, or zinc plated. S8: 5/8" and 3/4", ASTM A563, grade A, zinc plated or hot-dip galvanized. Tiecoupling: Used to extend continuous threaded rods and are provided with a center stop to aid installation, zinc plated or hot-dip galvanized. SS10: for 5/8" and 3/4" tierods, ASTM A563, grade C3. S10: for 5/8" and 3/4" tierods, ASTM A563, grade A. Tierod: Continuous threaded rod for cutting to desired lengths, zinc plated or hot-dip galvanized. SS12: 5/8" and 3/4" diameter, ASTM A242, type 2; ANSI B1.1. S12: 5/8" and 3/4" diameter, ASTM A36, A307. Tiewasher: Round flat washers, zinc plated or hot-dip galvanized. SS17: ASTM A242, F436. S17: ANSI B18.22.1. Installation: Install the joint restraint system in accordance with the manufacturer’s instructions so all joints are mechanically locked together to prevent joint separation. Tie-bolts shall be installed to pull against the mechanical joint body and not the MJ follower. Torque nuts at 75-90 foot pounds for 3/4" nuts. Install tie-couplings with both rods threaded equal distance into tie-couplings. Arrange tie-rods symmetrically around the pipe. Pipe Diameter Number of 3/4" Tie Rods Required 4” 2 6” 2 8” 2 10” 4 12” 4 14” 6 Pipe Diameter Number of 3/4" Tie Rods Required 16” 6 18” 8 20 10 24” 12 Where a manufacturer’s mechanical joint valve or fitting is supplied with slots for "T" bolts instead of holes, a flanged valve with a flange by mechanical joint adapter shall be used instead, so as to provide adequate space for locating the tie-bolts. Where a continuous run of pipe is required to be restrained, no run of restrained pipe shall be greater than 60 feet in length between fittings. Insert long body solid sleeves as required on longer runs to keep tie-rod lengths to the 60 foot maximum. Pipe used in continuously restrained runs shall be 05/06/2021 114 mechanical joint pipe and tie-bolts shall be installed as rod guides at each joint. Where poly wrapping is required all tie-bolts, tie-nuts, tie-couplings, tie-rods, and tie-washers, shall be galvanized. All disturbed sections will be painted, to the Inspector’s satisfaction, with Koppers Bitomastic No. 300-m, or approved equal. Where poly wrapping is not required all tie-bolts, tie-nuts, tie-couplings, tie-rods and tie-washers may be galvanized as specified in the preceding paragraph or plain and painted in the entirety with Koppers Bitumastic No. 800-m, or approved equal. Tie-bolts, tie-nuts, tie-couplings, tie-rods, and tie-washers shall be considered incidental to installation of the pipe and no additional payment shall be made. 7-09.4 Measurement Section 7-09.4 is revised with the following: (******) Measurement of bank run gravel for trench backfill will be by the cubic yard measured by the calculation of neat lines based on maximum trench width per Section 2-09.4 or by the ton, in accordance with Section 1-09. Measurement for payment of concrete thrust blocking and dead-man blocks will be per cubic-yard when these items are included as separate pay items. If not included as separate pay items in the contract, then thrust blocking and dead-man blocks shall be considered incidental to the installation of the water main and no further compensation shall be made. Measurement for payment for connections to existing water mains will be per each for each connection to existing water main(s) as shown on the Plans. 7-09.5 Payment Section 7-09.5 is revised and supplemented with the following: (******) "Furnish and Install ____Ductile Iron Water Main & Fittings”, per lineal foot. The unit contract price per linear foot for each size and kind of “Furnish and Install ____Ductile Iron Water Main & Fittings" shall be full pay for the bid item as described in Section 1-09.14. "Concrete Thrust Blocking and Dead-Man Anchor Blocks", per cubic yard. The unit contract price per cubic yard for "Concrete Concrete Thrust Blocking and Dead-Man Anchor Blocks " shall be full pay for the bid item as described in Section 1-09.14. "Connection to Existing Water Mains", per each. The unit contract price per each for “Connection to Existing Water Mains” shall be full pay for the bid item as described in Section 1-09.14. “Select Imported Trench Backfill”, per cubic yard or ton. The unit contract price per cubic yard or ton for “Select Imported Trench Backfill” shall be full pay for the bid item as described in Section 1-09.14. "Removal and Replacement of Unsuitable Foundation Material", per ton or cubic yard. The unit contract price per cubic yard or ton for "Removal and Replacement of Unsuitable Foundation Material" shall be full pay for the bid item as described in Section 1-09.14. 7-12 VALVES FOR WATER MAINS 05/06/2021 115 7-12.3(1) Installation of Valve Marker Post Section 7-12.3(1) is deleted in its entirety and replaced with the following: (******) Where required, a valve marker post shall be furnished and installed with each valve. Valve marker posts shall be placed at the edge of the right-of-way opposite the valve and be set with 18 inches of the post exposed above grade. . 7-12.3(2) Adjust Existing Valve Box to Grade Section 7-12.3(2) is a new section: (******) Valve boxes shall be adjusted to grade in the same manner as for manholes, as detailed in Section 7- 05.3(1) and the City of Renton Standard Details. Valve box adjustments shall include, but not be limited to, the locations shown on the Plans. Existing roadway valve boxes shall be adjusted to conform to final finished grades. The final installation shall be made in accordance with the applicable portions of Section 7-12. In the event that the existing valve box is plugged or blocked with debris, the Contractor shall use whatever means necessary to remove such debris, leaving the valve installation in a fully operable condition. The valve box shall be set to an elevation tolerance of one-fourth inch (1/4") to one-half inch (1/2") below finished grade. 7-12.4 Measurement Section 7-12.4 is supplemented with the following: (******) Adjustment of existing valve boxes to grade shall be measured per each, if included as a separate pay item in the Contract; if not a separate pay item but required to complete the Work, then value box adjustment shall be considered incidental. Hydrant auxiliary gate valve will be included in the measurement for hydrant assembly and will not be included in this measurement item. 7-12.5 Payment Section 7-12.5 is deleted in its entirety and replaced with the following: (******) "Furnish and Install ____-Inch Gate Valve Assembly”, per each. The unit contract price per each for "Furnish and Install ____-Inch Gate Valve Assembly" shall be full pay for the bid item as described in Section 1-09.14. "Air-Release/Air-Vacuum Valve Assembly," per each. The unit contract price per for air-release/air-vacuum valve assembly shall be for all, labor, equipment and material to complete the installation of the assembly including but not limited to, excavating, tapping the main, laying and jointing the pipe and fittings and appurtenances, backfilling, testing, flushing, and disinfection, meter box and cover, at location shown on the plans, and per the City of Renton Standard Details, latest revision. "Adjust Existing Valve Box to Grade (RC)," per each. The contract bid price for "Adjust Existing Valve Box to Grade" above shall be full compensation for all labor, material, tools and equipment necessary to satisfactorily complete the Work as defined in the Contract Documents, including all incidental Work. If not included as a separate pay item in the 05/06/2021 116 Contract, but required to complete other Work in the Contract, then adjustment of valve boxes shall be considered incidental to other items of Work and no further compensation shall be made. 7-14 HYDRANTS 7-14.3(1) Setting Hydrants Section 7-14.3(1) is deleted in its entirety and replaced with the following: (******) Where shown on the Plans, hydrants shall be installed in accordance with the Standard Plans and Contract specifications. A minimum 3-foot radius unobstructed working area shall be provided around all hydrants. The bottom surface of the breakaway flange shall be set 2-inches minimum and 7-inches maximum above the concrete shear block finished grade. For each hydrant requiring vertical adjustment, see Section 7-14.3(6). Fire hydrants shall be of such length as to be suitable for installation with connections to 6", 8" and 10" piping in trenches 3 - 1/2 feet deep unless otherwise specified. The hydrant shall be designed for a 4-1/2 foot burial where 12" and larger pipe is shown unless otherwise noted in the Plans. After installation hydrants shall be subjected to a hydrostatic test as specified in Section 7-09.3(23). The hydrant excavation shall be backfilled and compacted when installation and testing are complete and accepted by the Engineer. A concrete shear block as shown by the hydrant details on the Standard Plans shall be constructed for all hydrants. Construction, Materials, and finishing of the concrete shear block shall conform to Section 8-14, Cement Concrete Sidewalk. The shear block shall be set flush with the immediately surrounding finish grade. The Contractor shall flush, test and disinfect furnished hydrants and hydrant barrel extensions according to Section 7-14.3(6). Upon completion of the project, all fire hydrants shall be painted with two field coats of Kelly- Moore/Preservative paint No. 5780-563 DTM Acrylic Gloss Safety Yellow or approved equal. Any hydrants not in service shall be identified by covering with a burlap or plastic bag properly secured. Fire hydrant assembly shall include: main line cast-iron or ductile iron tee (MJ x FL), 6" gate valve (FL x MJ), 6" DI spool (PE x PE) up to 18 feet in length, 5-1/4" MVO fire hydrant (MJ connection), 4" x 5" Storz adapter with stainless steel cable, cast iron valve box, cover, valve operating nut extension, 2- 3/4" Cor-Ten shackle rods and accessories, concrete blocks, shear block and blue pavement marker. 7-14.3(3) Resetting Existing Hydrants Section 7-14.3(3) is supplemented with the following: (******) All existing hydrants to be reset shall be rebuilt to the approval of the Engineer. All rubber gaskets shall be replaced with new gaskets of the type required for a new installation of the same type. Unless a specific bid item has been included in the Proposal/Contract Document, resetting existing hydrants shall be incidental to and included in the various bid items. 7-14.3(4) Moving Existing Hydrants Section 7-14.3(4) is supplemented with the following: (******) All existing hydrants to be moved shall be rebuilt to the approval of the Engineer. All rubber gaskets shall be replaced with new gaskets of the type required for a new installation of the same type. Unless a specific bid item has been included in the Proposal/Contract Document, resetting existing hydrants shall be incidental to and included in the various bid items. 05/06/2021 117 Unless a specific bid item has been included in the Proposal/Contract Document, resetting existing hydrants shall be incidental to and included in the various bid items. 7-14.3(7) Remove and Salvage Hydrant Section 7-14.3(7) is a new section: (******) Existing hydrants shall be removed where shown in the Plans. Removed hydrants shall be delivered to the City of Renton shops by the Contractor. The existing hydrant lateral tee shall be removed from the main. Unless a specific bid item has been included in the Proposal/Contract Document, resetting existing hydrants shall be incidental to and included in the various bid items. 7-14.5 Payment Section 7-14.5 is revised with the following: (******) Payment will be made in accordance with Section 1-04.1, for each of the following bid items that are included in the proposal: “Furnish and Install Hydrant Assembly”, per each. The unit contract price per each for " Furnish and Install Hydrant Assembly”, shall be full pay for the bid item as described in Section 1-09.14. “Resetting Existing Hydrants”, per each. The unit contract price per each for “Resetting Existing Hydrant” shall be full pay for all Work to reset the existing hydrant, including rebuilding (or replacement with a new hydrant), shackling, blocking, painting, and guard posts and reconnecting to the main. The new pipe connecting the hydrant to the main shall be considered incidental and no additional payment shall be made. Guard posts, shown on the Plans shall be incidental to the contract. “Moving Existing Hydrants”, per each. The unit contract price per each for “Moving Existing Hydrant” shall be full pay for all Work to move the existing hydrant, including new tee, rebuilding (or replacement with a new hydrant), shackling, blocking, painting, and guard posts and reconnecting to the main. The new pipe connecting the hydrant to the main shall be considered incidental and no additional payment shall be made. Guard posts, shown on the Plans shall be incidental to the contract. 7-15 SERVICE CONNECTIONS 7-15.3 Construction Details Section 7-15.3 is supplemented with the following: (******) All pipe materials for new water service lines and for extension or replacement of existing water service lines shall be copper and lead free in accordance with the Federal Reduction of Lead in Drinking Water Act. Pipe materials for water service line installation for size 2-inch or less and connection to ductile iron water main shall be copper type “K” annealed tubing and seamless (ANSI H33.1). Ductile iron pipe Class 52 or stronger shall be direct-tapped with 1-inch corporation stops for 1-inch service lines. All meter setters for residential domestic use shall be 1-inch by 1-inch setters unless otherwise specified on the Contract Plans. For existing 3/4-inch meters, the Contractor shall furnish and install reducing couplings to adapt the 1-inch setter to the standard 3/4-inch domestic meter. 05/06/2021 118 Where installation of service lines is within existing paved streets, the service lines shall be installed by a trenchless percussion and impact method (hoe-hogging). If the trenchless percussion and impact method fails, regular open trench methods may be used. Where shown in the Plans, the Contractor shall: • Furnish and install new water service lines from the new water main to the new meter setters and new meter boxes near the existing meters • Furnish and install adaptors for the relocation of the existing water meters to the new meter setters and re-install the existing meters in the new meter setters • Connect the new meter setters to the customers’ private service lines • Restore disturbed areas to their approximate original condition as directed by the Engineer. 7-15.5 Payment Section 7-15.5 deleted in its entirety and replaced with the following: (******) Payment will be made in accordance with Section 1-04.1, for the following bid item when it is included in the proposal: “Furnish and Install ____ In. Water Service Connection”, per each. The unit contract price per each for " Furnish and Install ____ In. Water Service Connection”, shall be full pay for the bid item as described in Section 1-09.14. 7-17 SANITARY SEWERS 7-17.2 Materials Section 7-17.2 is deleted in its entirety and replaced with the following: (******) Pipe Gravity sewer pipe shall be as specified herein and as shown on the Plans. The Contractor shall provide electronic copies of the pipe manufacturer’s technical literature and tables of dimensional tolerances to the Engineer. Any pipe found to have dimensional tolerances in excess of those prescribed or having defects, which prevent adequate joint seal or any other damage, shall be rejected. If requested by the Engineer, not less than three nor more than five lengths of pipe for each size, selected from stock by the Engineer, shall be tested as specified for maximum dimensional tolerance of the respective pipe. Materials shall meet the requirements of the following sections: Material for sewer pipe shall meet the requirements of Section 9-05.12 as modified in these special provisions or as specified on the project plans. All pipe shall be clearly marked with type, class, and thickness. Lettering shall be legible and permanent under normal conditions of handling and storage. 7-17.3 Construction Requirements 7-17.3(1) Protection of Existing Sewerage Facilities Section 7-17.3(1) is supplemented with the following: (******) When extending an existing sewer, the downstream system shall be protected from construction debris by placing a screen or trap in the first existing manhole downstream of the connection. It shall be the Contractor's responsibility to maintain this screen or trap during construction of the new sewer and then remove it once the new system is placed into service. The Contractor shall remove 05/06/2021 119 any construction debris that enters the existing downstream system as a result of his work at his expense. When the first manhole is set, its outlet shall be plugged until acceptance of the new construction by the Engineer. 7-17.3(2)H Television Inspection Section 7-17.3(2)H is supplemented with the following: (******) CCTV Inspection 1. All newly-installed and newly-rehabilitated (public and private) Sanitary Sewer and Storm Drain main lines shall be inspected by means of remote CCTV. CCTV inspections and reports shall be submitted to the City of Renton inspector assigned to the project prior to receiving approval to install project curbs, gutters and/or pavement. 2. The Contractor shall perform all CCTV inspections in accordance with the National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP). 3. All CCTV operators shall have current NASSCO PACP certification. 4. CCTV inspections shall be recorded in a GraniteNet compatible format database using the latest software version and submitted with electronic links between the data and the video on an External HDD, DVD or Flash Drive. 5. All CCTV inspection reports shall be within +/- two (2) feet of the measured linear footage between manholes along the existing pipeline centerline from the start of pipe to end of pipe. 6. All Owner and PACP required header information must be fully and accurately entered on all CCTV reports. Work not following these specifications will be rejected and the Contractor shall be required to re-CCTV the work. 7. The documentation of the work shall consist of PACP CCTV Reports, PACP database, logs, electronic reports, etc. noting important features encountered during the inspection. The speed of travel shall be slow enough to inspect each pipe joint, tee connection, structural deterioration, infiltration and inflow sources, and deposits, but should not, at any time, be faster than 30 feet per minute, except as noted otherwise in this document. 8. The camera must be centered in the pipe to provide accurate distance measurements to provide locations of features in the sewer and these footage measurements shall be displayed and documented on the video. All PACP Observations shall be identified by audio and on a PACP log. All video must be continuously metered from manhole to manhole. All video recording shall be continuous from structure to structure with no “pausing” of the video recording during each pipeline inspection. The pipe shall be cleaned prior to the CCTV inspection to ensure all defects, features and observations are seen and logged. 9. Just prior to beginning the CCTV inspection, while the CCTV camera is in place and recording, water (containing dye) shall be introduced into the upstream manhole of each pipe segment until it is observed and recorded flowing past the camera’s field of vision in its entirety. 10. The CCTV camera shall have a water-level measuring device (ball, cylinder, etc.) attached that has ¼” markings to show the depth of water in the pipe during the CCTV inspection. 11. All manholes shall be channeled and coated prior to CCTV inspection. 12. Per City of Renton specification 7-08.3(2)B, sewer and storm drain pipeline shall have no more than ½” of ponding to be considered acceptable. 7-17.3(2)I Abandon Existing Sanitary Sewer Pipes Section 7-17.3(2)I is a new section: 05/06/2021 120 (******) Where it is shown on the plans that existing sanitary sewer pipe(s) is to be abandoned by filling with grout, both ends of the abandoned pipe and all lateral connections to the pipe shall be plugged with 3,000 psi cement concrete and the pipe shall be filled with cement-based grout. The grout mix design and method of installation shall be approved by the Engineer prior to beginning the operation (See Section 9-03.22 for Grout Mix requirements). 7-17.5 Payment Section 7-17.5 is revised and supplemented with the following: (******) Payment will be made in accordance with Section 1-04.19, for each of the bid items that are included in the proposal. The unit contract price per linear foot for “Testing Sewer Pipe” shall be full pay for all labor, material and equipment required to conduct the leakage tests required in Section 7-17.3(2). If no unit price for “Testing Sewer Pipe” is included it shall be considered incidental to the pipe items. 7-18 SIDE SEWERS 7-18.3(2) Fittings Section 7-18.3 is deleted in its entirety and replaced with the following: (******) Fittings and connections to new and existing sewers shall be per the City of Renton’s Standard Plans. 7-18.3(3) Testing Section 7-18.3(3) is deleted in its entirety and replaced with the following: (******) All side sewers constructed in conjunction with a new sewer main shall, for purposes of testing as specified in Section 7-17, have the side sewer cleanout at the right-of-way (as shown in the respective City of Renton Standard Plans) installed prior to testing. Caps shall be installed and sufficiently restrained on the end of each side sewer and its respective surface cleanout to withstand the internal pressure created for testing in conjunction with the sewer main. Where a sewer main and its respective side sewer are constructed to replace and existing, in- operation sewer system, pressure testing will not be required. 7-18.3(5) End Pipe Marker Section 7-18.3(5) is deleted in its entirety and replaced with the following: (******) The location of side sewers at the property line shall be indicated by the presents of a surface cleanout installed per the associated City of Renton Standard Plan. 7-19 SEWER CLEANOUTS 7-19.3 Construction Requirements Section 7-19.3 is deleted in its entirety and replaced with the following: (******) Sewer cleanouts shall be installed per the associated City of Renton Standard Plan(s). 7-19.4 Measurement Section 7-19.4 is deleted in its entirety and replaced with the following: (******) Sewer cleanouts that are installed on sewer main lines will be measured per each. 05/06/2021 121 Sewer cleanouts that are installed on side sewers shall be considered incidental to the side sewer pipe. 7-20 CURED IN PLACE PIPE (CIPP) Section 7-20 is a New Section (******) 7-20.1 Description This Section specifies rehabilitation of existing wastewater or stormwater (host pipes) by the installation of felt or fiberglass resin-impregnated liner cured-in-place piping (CIPP). Service connections and manholes may be rehabilitated with products specified in other Sections. Contractor shall coordinate rehabilitation of manholes, mainlines, and lateral interfaces with product installers. Contractor shall ensure that resin systems are compatible with all rehabilitation products that they will contact. Work to remove and replace manhole cones, risers, frame and cover, and concrete collars necessary for the installation of the CIPP shall be considered incidental as part of the CIPP Work. 7-20.1(1) Licensing The Contractor or sub-contractors shall have a current City of Renton business license. The Contractor or sub-contractor installing the CIPP shall have a current license agreement with the product Manufacturer. All individuals installing the CIPP shall be certified by the product Manufacturer. Certification showing that the Installer is currently licensed by the appropriate licensor to perform CIPP installation shall be submitted in accordance with Section 1-07.6. 7-20.1(2) Contractor and Manufacturer Qualifications Manufacturer Qualifications: • The Manufacturer’s CIPP liner shall have successfully installed a minimum of 200,000 linear feet in accordance with these specifications. • Manufacturers using standards other than those listed in these specifications shall demonstrate, to the satisfaction of the Owner, that their standards produce a product that is, at a minimum, equal to the quality of a product produced using these specifications. Contractor Qualifications: • A minimum of five (5) successful projects totaling a minimum of 50,000 linear feet of installed CIPP meeting the requirements of these specifications • The Contractor’s superintendent shall have a minimum of three (3) successfully completed projects totaling a minimum of 25,000 linear feet of installed CIPP meeting the requirements of these specifications. The superintendent shall be onsite during installation of the CIPP work for the duration of the project. • At least one (1) person on the Contractor’s installation crew shall have a minimum of one (1) year of CIPP installation experience. This person shall be onsite at all times during the CIPP installation work. • The Contractor’s identified Lateral Cutting Technician shall have a minimum of one (1) year of experience reinstating laterals. 05/06/2021 122 7-20.1(3) Contractor Submittals All procedures or material descriptions requiring the Engineer's approval shall be submitted not less than 15 calendar days prior to mobilizing or commencing any CIPP activities at the site of the work. Submit as specified in Section 6-07.3(2). The following submittals are required: 1. CIPP Lining Plan to include the following: a. Work sequence organized by pipe section with installation schedule. b. Confirmation of liner length and diameter. c. Locations of all service connections with disposition for each. d. Anticipated cleaning and preparation requirements. e. Proposed lining material and curing method. f. Sewer Service Interruption Notification Plan. 2. Spill Prevention Plan. 3. Manufacturer’s certificate(s) indicating that the supplied lining materials meet the requirements of the specifications, ASTM standards, and a certificate of compliance from an independent third-party lab. 4. Certification stating CIPP tube has been manufactured in accordance with ASTM F1216 or F2019 and resin is suitable for its intended use. 5. Certification showing the Contractor is currently licensed by the appropriate licensor to perform CIPP installation. 6. Name of resin supplier and liner fabric supplier. 7. Test reports on testing of CIPP products illustrating they meet the relevant requirements of this specification. Manufacturer shall provide ISO 9001 certificate by a third party confirming that all the ASTM test reports are valid and up to date at the time of the bid and during construction period. 8. Manufacturer’s recommendations for factory and field (whichever applies) wet out procedures including: volume of resin per unit of liner, mixing ratios and procedures for resin and catalyst/hardener, shelf life of resin, pot life of resin, required wet out procedure to ensure full saturation, and other criteria deemed necessary to ensure proper wet out of the liner. 9. Manufacturer’s data sheets for factory wet out and/or Contractor’s data sheets for field wet out showing quantity of resin and catalyst used for each length of liner, at or prior to time of installation. 10. Manufacturer’s certification that all Manufacturer’s wet out recommendations have been followed on all lengths of CIPP which have factory wet out, at or prior to time of installation. 11. Manufacturer’s recommendations for storage procedures and temperature control, handling and inserting the liner, curing details, service connection methods, trimming and finishing, QA/QC procedures, and minimum equipment requirements to allow for an adequate installation. 12. Manufacturer’s recommendations and procedures for minimum and maximum pressures, temperatures, and time durations to be used. 13. Data on Contractor’s equipment to be used on site including: type and tolerance of temperature gages and thermocouples used to monitor cure temperature; type and 05/06/2021 123 tolerance of equipment used to generate liner inversion pressure; make, model, and technical data of all equipment used to generate heat for the curing process; make, model and technical data of backup equipment used to maintain curing temperature; rough size of vehicle(s) which carries the CIPP pipe and overall installation equipment footprint required. 14. Contractor shall calculate and submit to the Engineer for review after field verification of pipe sizes and prior to ordering any material from the manufacturer the required minimum thickness for the CIPP to be installed in each pipe reach based on the internal inspection data. 15. Manufacturer onsite Representative’s Certification that the Contractor’s installation meets all requirements of the Manufacturer and will not void the Owner’s warranty. 16. CIPP field samples from field installations. Field sampling procedure shall be in accordance with the latest version of ASTM F1216 or F2019 or ASTM F1743 and in accordance with ASTM D5813. 17. Material Safety Data Sheets for resins, hardeners, catalysts, solvents, and all other compounds or chemicals to be used on the job site. 18. Data logger output in a graphic format showing pipe section, time, pressure, and temperature during activation, heating, curing, and cool down, as applicable for CIPP technology used. 19. Informational hand out that describes the materials, processes, and odors associated with the lining process. This handout shall be provided at the request of residents. 20. Pre- and Post-Installation CCTV inspection videos. 21. Contractor shall obtain a Discharge Authorization Permit from King County’s Wastewater Treatment Division for any proposed discharges to the existing Sanitary Sewer System, including process water resulting from the curing process (if applicable). Contractor is responsible for adhering to all discharge limitations associated with the received permit. Contractor shall submit a copy of the permit to the City once obtained. 7-20.1 (4) Warranty Contractor shall provide a 1-year written bonded warranty for the full value of the contract with a 3.5 percent inflation allowed per year after acceptance of the liner to cover the repairs resulting from liner failure within the warranty period, including new pipe, labor and incidentals as well as any fines by the local, state, and federal environmental agencies. The written bonded warranty shall be issued by a BB+ rated surety with more than 20 years of business history and with headquarters in the United States. 7-20.1(5) Product Storage and Handling Requirements Contractor shall be responsible for the delivery, storage, and handling of all materials for CIPP and end sealing material in accordance with the written requirements of the manufacturer. Contractor shall exercise adequate care during transportation, handling, and installation to ensure the CIPP material is not torn, cut, or otherwise damaged. If any part or parts of the CIPP material becomes torn, cut, or otherwise damaged before or during insertion, it shall be repaired or replaced in accordance with the manufacturer’s recommendations and approval of the Engineer before proceeding. 05/06/2021 124 7-20.2 Materials CIPP products and materials shall be in accordance with the latest version of ASTM F1216 for Resin- Impregnated Flexible Tube (Felt Liner) or ASTM F2019 for Glass Reinforced Plastic (GRP) Thermosetting Resin Pipe (Fiberglass Liner), with Suppliers recommendations as described below. 7-20.2(1) CIPP The CIPP design shall be in accordance with the latest version of ASTM F2019, with physical properties and chemical resistance demonstrated per ASTM D5813, F2019 for Type III, Grade 2 CIPP classification, with final approval from the Engineer. The liner thickness shall be designed based on the engineering formulas listed in ASTM F1216 and F2019 for “fully deteriorated” pipes and the conditions indicated below: 1. Design Safety Factor = 2.0. 2. Ovality factor = 2 percent. 3. Constrained Soil Modulus = Per ASTM D3839, Soil Class III at 90 percent compaction. 4. Modulus of soil reaction, E’ = 700 psi. 5. Groundwater Depth = At ground surface. 6. Soil Depth = As indicated on the drawings. 7. Live load using an AASHTO HS20 vehicle loading. 8. Soil Unit Weight = 140 lbs./cf. 9. Minimum Service Life = 50 years. 7-20.2(2) Felt Cured-in-Place Resin Impregnated Material The liner shall be designed in accordance with the procedures of ASTM F1216. All material properties used in design calculations shall be long-term (time-corrected) values. The design for the CIPP shall recognize any non-uniform cross section and the liner bifurcation present at the spring line of the host pipe. Accounting for this condition by the use of an ovality reduction factor alone is unacceptable. The CIPP will be continuous in length and the wall thickness shall be uniform. No overlapping sections shall be allowed throughout the circumference or the length of the liner. The CIPP will be capable of conforming to offset joints, bells, and disfigured pipe sections. It shall be able to stretch to fit irregular pipe sections and negotiate bends as shown on the drawings. The CIPP service life shall be a minimum of 50 years. The Contractor shall be responsible for control of all material and process variables to provide a finish CIPP possessing the minimum properties specified in ASTM F1216. The CIPP shall be marked at a distance of regular intervals along its entire length, not to exceed five (5) feet. Markings shall include Manufacturer’s name or identifying symbol. The CIPP liner shall be manufactured with materials from a consistent supplier. All materials of similar type shall be from a single source for the entire project. The CIPP shall be fabricated to a size that, when installed, will tightly fit the internal circumference and length of the original pipe. Allowance shall be made for circumferential and longitudinal stretching during the installation process. Diametric shrinking during the curing process shall meet the requirements of ASTM D5813, Section 6.3.1 or better. 05/06/2021 125 For liners inserted by the inversion method, the CIPP shall be coated on one side with a translucent waterproof coating of polyvinyl chloride (PVC) or polyurethane. For liners inserted by the pull/winch method, the CIPP shall be coated on one side with a translucent waterproof coating of PVC, polyurethane, polyethylene, or polypropylene. 7-20.2(3) Fiberglass Cured-in-Place Resin Impregnated Material Glass Reinforced Plastic Flexible Tube (fiberglass liner) consists of at least two separate tubes of corrosion resistant glass fiber in accordance with ASTM D5780 and F2019. Liner shall include an inner foil (or calibration hose) to contain resin which shall be removed after completion of installation (unless intended to be a permanent part of the CIPP system and fabricated as an integral part of the tube by bonding or fusing). In addition, an external permanent foil shall be provided that is resistant and impermeable to moisture and all wave lengths of light as part of the UV curing process. The liner shall be continuous in length and the wall thickness shall be uniform. No overlapping sections shall be allowed throughout the circumference or length of the liner. The liner shall be capable of conforming to offset joints, bells, and disfigured pipe sections. It shall be able to stretch to fit irregular pipe sections and negotiate bends as shown on the drawings. The liner shall be marked at regular intervals along its entire length, not to exceed five (5) feet. Markings shall include Supplier's name or identifying symbol. The liner shall be manufactured with materials from a consistent supplier. All materials of a similar type shall be from a single source for the entire project. The liner shall be fabricated to a size that, when installed, will tightly fit to the internal, circumference and length of the host pipe. Allowance shall be made for circumferential stretching during the installation process. The liner shall not be of a dark or non-reflective material which would inhibit proper closed-circuit television inspection. The liner shall meet the chemical resistance criteria specified in ASTM D5813, D578 and ASTM F2019 (Appendix X2) for Type III, Grade 2. The liner shall be handled with care during delivery to protect from UV exposure prior to installation. 7-20.2(4) Resin & Cured CIPP Properties The resin used shall be compatible with the CIPP system and designed for use depending on the application. The resin shall be a general purpose, unsaturated polyester, catalyst system compatible with the CIPP system that provides the cured physical strengths and properties specified herein. Resins shall be tinted for adequate visibility suitable for internal inspection and provide positive indication of adequate liner wet-out. The resin system for the cure-in-place pipe process, using steam or water curing, shall be manufactured in accordance with ASTM F1216. Resin shall have the following characteristics: 1. The resin shall be thermosetting polyester. 2. When cured, the resin shall have a flexural strength of not less than 4,500 psi (ASTM D790). 3. When cured, the resin shall have a flexural modulus (short term) of not less than 250,000 psi (ASTM D790). 4. When cured, the resin shall have a tensile strength of not less than 3,000 psi (ASTM 0368). 05/06/2021 126 5. 50-year flexural creep modulus: 150,000 psi per ASTM D 2990. 6. Tensile strength: 9,000 psi per ASTM D638 for sectional liner. For materials that do not allow sufficiently accurate hoop/weft testing in accordance with ASTM D638, initial tensile strength may also be substantiated by short-term flat plate specimen testing. 7. The resin shall be able to cure in the presence of water. 8. The resin initiation temperature for curing should be as recommended by manufacturer. 9. The resin color shall be in contrast to the color of the liner fabric to assist in visual inspection. 10. The CIPP resin shall be compatible with the liner fabric, liner coating, other rehabilitation systems and the host pipe materials that it may contact. 11. The resin shall form no excessive bubbling or wrinkling during lining. 12. The resin shall be manufactured with materials from a consistent supplier. All materials of similar type shall be from a single source for the entire project. 13. The resin shall have no fillers added for the sole purpose of increasing the resin volume. Resin shall include no more than five (5) percent filler by volume for the purpose of modifying resin viscosity, heat transfer characteristics, or flexural modulus of a cured liner. The resin system for the cure-in-place pipe process using ultraviolet curing shall be manufactured in accordance with ASTM F2019. Resin shall have the following characteristics: 1. The resin shall be chemically resistant polyester thermoset and catalyst system compatible with UV curing installation process. A photo-inhibitor system shall be added to the resin prior to impregnation. The initiator system of the resin shall be optimized to the output of the ultraviolet curing lights. 2. When cured, the resin shall have a flexural strength of not less than 6,500 psi (ASTM D790). 3. When cured, the resin shall have a flexural modulus (short term) of not less than 725,000 psi (ASTM D790). 4. When cured, the resin shall have a tensile strength of not less than 9,000 psi (ASTM D3039, D368). 5. 50-year flexural creep modulus: 150,000 psi per ASTM D 2990. 6. Tensile strength: 9,000 psi per ASTM D 638 for sectional liner. For materials that do not allow sufficiently accurate hoop/weft testing in accordance with ASTM D638, initial tensile strength may also be substantiated by short-term flat plate specimen testing. 7. The resin color shall be in contrast to the color of the liner fabric to assist in visual inspection. 8. The CIPP resin shall be compatible with the liner fabric, foils and host pipe materials. 9. The resin shall form no excessive bubbling or wrinkling during lining. 10. The resin shall be manufactured with materials from a consistent supplier. All materials of similar type shall be from a single source for the entire project. 11. The resin shall have no fillers added for the sole purpose of increasing the resin volume Resin shall include no more than five (5) percent filler by volume for the purpose of modifying viscosity, heat transfer characteristics, or flexural modulus of a cured liner. 7-20.2(5) Dimensions of CIPP 05/06/2021 127 Contractor shall measure the actual inside diameter of the host pipe, at different locations along its length, to verify the appropriate size of CIPP liner to use. The existing host pipe may be larger than their nominal size due to corrosion of the concrete pipe. It is the Contractor’s responsibility to measure the actual inside diameter at different locations of the host pipe to verify the appropriate size of the CIPP liner to use. The Contractor shall make allowances in determining the felt tube length and circumference for stretch during installation and shrinkage during curing and aging. The minimum length shall be that which continuously spans the distance from the center of the inlet manhole to the center of the outlet manhole, based on the specifics of the repair and pipe diameter. The Contractor shall verify the lengths in the field before the liner tube is cut and impregnated. Individual installation runs may include one or more manhole-to-manhole sections as authorized by the Engineer. 7-20.2(6) Wall Thickness The wall thickness of the tube shall be ordered to the next standard incremental thickness above the minimum calculated design thickness. Unless otherwise specified to provide for excess resin migration, the gap thickness of the wetting out equipment shall be sized to allow an excess of 5 to 10 percent resin to pass during impregnation. The nominal CIPP thickness shall be at least the calculated design thickness, per ASTM F1216 (felt liner) or F2019, (fiberglass liner) except where fabric layers overlap, in which case it may be in excess of this value. 7-20.2(7) CIPP Liner Labeling Manufacturer label on each liner tube shall be in 1-inch letters, minimum, and include the following information: 1. Date of manufacture of the liner. 2. Name or trademark of the manufacturer. 3. Liner diameter. 4. Liner thickness. 5. Liner length. 7-20.2(8) Chemical Resistance The cured pipe shall be resistant to a variety of chemical effluents as described in ASTM D543. Testing for chemical resistance may be performed on the sample of the finished product prior to this contract, provided a certified affidavit, signed by an officer of the company, is submitted stating the resin the tests apply to and the resin submitted for this project are the same. Testing data up to 2-years prior to bid date will be accepted. Finished and cured CIPP liner properties shall perform as specified. Chemical resistance test results shall be provided in accordance with Test Method D543 on samples of the cured liner material that are the same as that proposed for installation. Exposure should be for a minimum of one month at 73.4 degrees F. During this period, the CIPP test specimens should lose no more than 20 percent of their initial flexural strength and flexural modulus when tested in accordance with Section 8 of ASTM F1216, when subjected to the following solutions: Chemical Solution Concentration, percent Tap Water (pH 6-9) 100 05/06/2021 128 Chemical Solution Concentration, percent Nitric Acid 5 Phosphoric Acid 10 Sulfuric Acid 10 Gasoline 100 Vegetable Oil 100 Detergent 0.1 Soap 0.1 The Contractor shall be responsible for all costs associated with the chemical resistance tests. Proof of meeting the requirements for the design specified shall be provided to the Engineer for approval at least seven (7) days prior to ordering any material. 7-20.2(9) CIPP End and Connection Seal Contractor shall seal the end points of the liner so that no leakage of fluids may infiltrate between the liner and the existing pipe. Contractor shall apply epoxy sealant (after CIPP acceptance) to completely seal area around opening of the liner and the connection. Hydraulic cements and quick- set cement products are not acceptable. The installation of the connection seal shall not, in any way, damage or adversely affect the CIPP. If damage to the CIPP liner does occur, the Contractor shall repair or replace the area at no additional cost to the Owner. Contractor shall trim loose or hanging/intruding pipe connection seals so that they are flush with the internal pipe wall. The Contractor shall not fold the hanging/intruding material. 7-20.2(10) Allowable CIPP and End Connection Seal Manufacturers The following manufacturers of CIPP are approved: 1. Inliner Technologies. 2. Insituform Technologies, Inc. 3. National Liner. 4. Premier-Pipe. 5. Spiniello Companies. 6. SAK, LLC. 7. Saertex. 8. Reline America Inc. 9. Or approved equal. The following manufacturers of CIPP end and connection sealing are approved: 1. Neopoxy. 2. Or approved equal. 05/06/2021 129 7-20.3 Construction Requirements 7-20.3(1) Pre-Installation CCTV Inspection Contractor shall conduct CCTV video inspection of the host pipe prior to commencing construction. All CCTV inspections shall be performed in accordance with Section 7-17.3(2)H. Contractor will review the CCTV inspection and indicate where the following deficiencies are located: 1. Any obstructions within the host pipe that may affect the sliplining operation. 2. Joint separation. 3. Offset joint. 4. Cracked or damaged host pipe. 5. Out of round host pipe. 6. Infiltration point. The findings of the pre installation inspection shall be summarized in an inspection report and submitted along with the video files and corresponding database to the Engineer for review. 7-20.3(2) Flow Management It shall be the Contractor's responsibility to maintain operation of the existing sewer and/or storm systems throughout the duration of the project. The Contractor shall divert all flows around each segment of the pipe designated for rehabilitation. This diversion shall consist of redirecting flow from an upstream manhole and discharging it to a manhole downstream of the rehabilitation operation. This can be accomplished via a combination of pumping and/or gravity flow. After the work is completed, flow shall be returned to the rehabilitated sewer and/or storm system. The area affected by the bypass operation shall be fully restored to pre-bypassing conditions. Bypass pumping system of stormwater shall be capable of bypassing at least the 2-year peak flow during construction. Bypass pumping shall be scheduled for continuous operation. Back-up equipment shall be on-site and available for periods of maintenance, refueling or failure of the primary bypass pump(s) or diversion system. Bypass pumping shall be done in such a manner as not to damage private or public property or create a nuisance or public menace. The bypass-pumping pipe shall not block any driveways or intersections unless approved by the Engineer. The sewage shall be pumped through a watertight hose or pipe that is adequately protected from traffic. The discharge of raw sewage to private property, city streets, sidewalks, storm sewer, or any location other than an approved sanitary sewer is prohibited. The Contractor shall be liable for all cleanup, damages, and resultant fines should the Contractor's operation cause any backups or overflows. The Contractor's bypass operation shall be sized to handle, at a minimum, the full pipe capacity in each subject line removed from service. If flow conditions are greater than full pipe, the Contractor may elect to wait for flow conditions to subside prior to removing the subject line from service. Working days will not be charged for the period of time during which the flow is greater than full pipe. No additional payment will be made for periods of high flows during which the Contractor elects to wait for lower flows. Once the Contractor removes a section of line from service he/she is responsible to bypass any and all flow in the system during construction, even in the event the system surcharges and exceeds the full pipe capacity, until the line is returned to service. 05/06/2021 130 All bypassing systems shall be approved by the Engineer. The Contractor shall submit a plan for bypassing the existing system to the Engineer for review. The Contractor's plan for bypass pumping shall be satisfactory to the Engineer before the Contractor will be allowed to commence bypass pumping. The sewage and/or storm bypass pumping plan shall include an emergency response plan detailing procedures to be taken in the event of a failure of the bypass pumping. The review of the bypassing system and equipment by the Engineer shall in no way relieve the Contractor of their responsibility and public liability. The Contractor shall coordinate activities with impacted property owners. Property Owners shall be notified at least 24 hours in advance of any disruption to their sewer service. All construction- related service disruptions shall be approved by the Engineer prior to the disruption taking place. When situations exist where impacted properties cannot be disconnected, plugged, or subjected to any other service interruption, i.e., hospitals, care facilities, restaurants, etc., bypass pumping of the side sewer to the downstream sanitary sewer system shall be required prior to insertion of the liner system. The Contractor shall verify, with the approval of the Engineer, whether a property is able to be interrupted prior to lining operations. If the subject property’s side sewer requires bypass pumping, the costs for the bypass pumping shall be covered by Force Account. 7-20.3(3) Host Pipe Access Contractor shall install access structures necessary for installation of CIPP liner. Access structures to the host pipe for installation of the CIPP liner shall be excavated as required by the Contractor. Access structures shall be located in areas that minimize excavation requirements. Provide excavation and backfill, pipe work, reconnection, and access structures including manhole cones, risers, frame and cover, and concrete collars as necessary. The Contractor shall plug the downstream manhole to prevent excavation material from entering the sewer and/or storm system during the installation of all access structures. Prior to entering any permit-required confined space, the Contractor shall evaluate the atmosphere to determine the presence of toxic, flammable vapors or lack of oxygen in accordance with local, state, and federal safety regulations. 7-20.3(4) Host Pipe Cleaning, Preparation, and Inspection Prior to CIPP tube installation, the Contractor shall clean the host pipe. The Contractor shall clear the existing host pipe of obstructions such as solids, collapsed pipe, roots, rocks or other intrusions that will prevent or hinder CIPP liner installation. Minimize infiltration into the existing pipe so as not to interfere with the proper installation and cure of the CIPP liner. The Contractor shall perform pre-lining inspection after cleaning and preparation to confirm that the host pipe is ready for lining. The pre-lining inspection video shall be submitted to the Engineer for review at least 24 hours prior to the scheduled installation of the liner. Installation of the liner shall not proceed prior to receiving approval by the Engineer. The Engineer will confirm the following: 1. Necessary cleaning and pipe preparation work, including any internal and external repairs/modifications have been completed. 2. That the condition of the host pipe is consistent with the design conditions and specifications. Prior to commencing lining, the Contractor shall notify the Engineer of any condition that is contrary to the design conditions or assumptions made that may affect either long term or short term performance or the liner. 3. The location, condition, and operational status of all lateral tap connections. At each location within the Project, prior to diversion of flows the Contractor shall initiate odor control measures. 05/06/2021 131 The Contractor shall perform post-lining CCTV inspection following installation of the liner. The Contractor shall confirm the adequacy of all lateral tap connection reinstatements and the fit and the finish of the CIPP liner prior to submitting the post-installation inspection video files to the Engineer. The Contractor shall submit CCTV post-installation inspection reports and video files along with the corresponding data base to Engineer within one (1) week of the inspection. 7-20.3(5) Point Repairs The Contractor shall advise the Engineer of any point repairs that can only be performed by excavating the defect. The Contractor shall repair all defects in the host pipe including but not limited to open joints, fractures, cracks, protruding taps and holes in the pipe that may adversely affect the successful installation of the liner. Those repairs shall include, but not limited to, the following: 1. Grouting all defects as recommended by liner manufacturer or installer. 2. Grouting all locations with excessive infiltration as outlined below: a. The determination of an excessive leak shall be made by the Owner’s representative and shall be based on PACP leak designations: i. Leaks that would be categorized as a Runner (IR) – Severity 4 or Gusher (IG) – Severity 5 shall be considered as excessive. Measurement and Payment for Excessive Leak Repairs shall be as designated in Section 7-20.6 and 7-20.7. ii. Leaks categorized as Weeper (IW) – Severity 2 or Dripper (ID) – Severity 3 shall be considered incidental to the unit price for CIPP rehabilitation. Measurement and Payment for Excessive Leak Repairs shall be as designated in Section 7-20.6 and 7-20.7. 3. Make point repairs of any host pipe defect that be accomplished using conventional sewer cleaning equipment or by remotely performed repair methods acceptable to the Engineer such as grout packers, link seal, or spot liner. Remove protruding laterals, rolled gaskets, roots, mineral deposits, and other objects protruding into the host pipe utilizing a remote- controlled cutter. 7-20.3(6) Trimming Intruding Laterals Contractor shall trim intruding laterals so that the service connection is flush with the internal pipe wall. All lateral trimming shall be documented by pre and post trimming photos. The Contractor shall ensure that the existing pipe is not damaged during cutting operations. 7-20.3(7) Protection of Existing Manholes The Contractor shall protect all manholes from any damage that may result from the lining operation. 7-20.3(8) Spill Prevention and Control Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on-site. Contractor shall immediately contain and prevent leaks and spills from entering storm drainage systems, and properly clean up and dispose of all waste and cleanup materials. If the waste is hazardous, the Contractor shall dispose of hazardous waste only at authorized and permitted disposal facilities. Only licensed hazardous waste haulers shall transport the hazardous waste to an 05/06/2021 132 off-site location, unless the quantities to be transported are below those applicable threshold limits for transportation by the Contractor as specified under State and Federal regulations. Contractor shall immediately report any hazardous materials spill to the Owner and Engineer. 7-20.4 Installation 7-20.4(1) Felt Liner CIPP Tube Installation Lining installation shall be in accordance with the requirements of the product Manufacturer and as directed by their Technical Representative. This includes the correction of defective work. Contractor shall designate the location where the CIPP tube will be impregnated with resin (“wet- out”). These locations shall be subject to approval by the Engineer. The Contractor shall allow the Engineer to inspect the materials and “wet-out” procedure. If the “wet-out” location is not at the project site, the impregnated CIPP tube shall be transported to site under controlled environmental conditions as specified by the Manufacturer of the product. Transport vehicles shall include a tamper resistant, sealed temperature recording device which records the temperature of the liner at all times after leaving the wet-out site. Contractor shall decide when to transport the resin impregnated CIPP tube and when to commence installation depending on prevailing weather conditions, so as to not jeopardize the installation or be detrimental to the long-term performance of the CIPP. The liner shall be installed by the inversion tube method where possible. The resin-impregnated tube shall be lowered into the insertion pit through an inversion tube and reducer if needed. The liner shall be installed at a rate less than 10 feet per minute at all times. The CIPP liner shall be installed through existing manholes. Liner shall not be installed through intermediate manholes unless approved in advance by the Engineer. All requests to line through intermediate manholes shall be submitted in writing to the Engineer. There shall be no separate payment for additional or enhanced access to facilitate the Contractor’s CIPP liner installation process. For CIPP liner thicknesses greater than 0.75 inch, or where the existing pipe, soil, and groundwater is likely to provide a significant heat sink affecting the temperature gradient across the CIPP liner material, the temperature of the exotherm shall be monitored by remote temperature sensors placed at the interface of the existing pipe and the CIPP. A minimum of two temperature sensors shall be installed, one at either end of the length being lined. The curing process shall not be terminated until the temperature sensor readings indicated that a satisfactory cure has been completed. Any extended cure times shall not adversely affect the properties of the CIPP lining material. The curing process shall follow a step cure using steam, where possible, as recommended by the manufacturer and approved by the Engineer. The curing process shall be held at the top step for an adequate length of time to ensure that the design physical properties of the liner are attained. For the water curing method, circulation water shall cool down to at least 100 degrees F for 1 hour before releasing the hydrostatic head. The rate of temperature rise and fall during heating and cooling shall not exceed 2 degrees F per minute. The circulation water shall be filtered through a carbon filter treatment system, approved by the Engineer, prior to release into the sanitary sewer system. Evacuate water from the pipe at a controlled rate to prevent negative pressure in the pipe. The Contractor shall provide a sampling plan to the Engineer that demonstrates pollutants are not being discharged into the sanitary sewer system. After liner has cooled down, perform a preliminary television inspection of the newly installed liner. Verify the liner is continuous over the entire length. Verify the liner is free from visual defects such as foreign inclusions, dry spots, lifts, pinholes, seam separation, delamination, and wrinkling beyond the specification allowances. Liner shall be impervious and free of any leakage. Wrinkles in the finished CIPP, that create a void between the wrinkle and the pipe which reduce the structural integrity of the CIPP, and which adversely decreases the hydraulic capacity of the pipe, or cause a 05/06/2021 133 backwater of one (1) inch, are unacceptable and shall be removed and repaired at no additional cost to the Owner. After the curing is complete and verified, all existing active service connections, as determined by the Engineer, shall be reinstated. Reinstate all service laterals using only remote internal methods. Where the CIPP liner does not create dimples at the service connections or in other ways indicate the locations, the exact location shall be determined from the internal inspection data. It shall be the Contractor’s responsibility to accurately locate and reinstate all service connections after the CIPP installation and curing has been completed. All service connections shall be reinstated to a minimum of 95 percent of the original opening, matching the invert of the lateral. 7-20.4(2) Fiberglass Liner CIPP Tube Installation Liner installation shall be in accordance with the requirements of the product Manufacturer and as directed by their Technical Representative. This includes the correction of defective work. Resin Impregnation: The wet out procedure for flexible fiberglass tube liner impregnation shall conform to the following requirements: 1. Furnish glass reinforced plastic tube liner (fiberglass liner) per this specification. 2. Impregnate the flexible fiberglass tube liner with resin under controlled conditions at the manufacturer's plant. 3. Use a volume of resin sufficient to fill all voids in the liner material at nominal thickness and diameter. Volume shall be adjusted by adding 5 to 10 percent excess resin for the change in resin volume due to polymerization and to allow for any migration of resin into the cracks and joints of the host pipe. Keep logs of resin volume actually used in the wet out process and submit to Engineer prior to installation. 4. The impregnated liner shall be stored, transported, and installed in accordance with the manufacturer’s recommendations and in such a manner that it will not be damaged, exposed to direct sunlight, exposed to any curing environment, or result in a public safety hazard. All materials may be subject to inspection and review by the Engineer prior to installation. Liner installation shaft conform to the following requirements: 1. Sliding Foil and Winch Cable — upon verification of removal of debris and protrusions, pull in sliding foil as recommended by the manufacturer. 2. Pulling Head or Pulling Manifold and Inverted Roller — Connect liner to the winch cable forming a pulling head or using a pulling manifold. Care shall be taken in mounting a pulling manifold to provide an airtight fit. The rate of the pulling head or manifold shall not exceed the maximum rate recommended by the Manufacturer and in accordance with ASTM F2019. 3. Pull resin impregnated fiberglass liner into position using a power winch. The pulling speed shall not exceed the maximum rate recommended by the Manufacturer. If product is sensitive to elongation, measure overall elongation of the fiberglass liner after the pull-in completion. The acceptable longitudinal elongation shall be less than two (2) percent of the overall length specified by the manufacturer. 4. The fiberglass liner shall be inflated with air until it is fitting tight against the wall of the existing host pipe. The air pressure shall be adjusted to hold the impregnated fiberglass liner in place during the curing process. Ultraviolet Light Curing: 1. Curing process shall conform with ASTM F2019. 05/06/2021 134 2. Assemble multi-lamp ultraviolet light curing assembly (UV curing assembly) according to Manufacturer’s recommendations for the pipe and liner diameter. Ultraviolet (UV) curing lights shall be tuned or optimized to the photo initiator system of the resin. Provide quantity and strength of UV lamps per manufacturer's recommendation. UV lamps shall not exceed 80 percent of logged hours of usage of the manufacturer’s stated usage rate. UV curing assembly shall have minimum of one CCTV camera and sensors to record temperature and pressure during curing process. 3. While maintaining sufficient air pressure to inflate the impregnated fiberglass liner, insert multi-lamp ultraviolet light curing assembly (UV curing assembly) in order with UV curing bulbs OFF to draw the curing mechanism through the impregnated liner and perform a pre- curing inspection. Upon confirmation that the liner is ready for curing, turn on UV curing bulbs and conduct curing process. Unless approved by Engineer, do not pull UV light train in a downstream direction during the curing process. 4. UV curing assembly shall travel through the impregnated fiberglass liner at a pre-determined speed to allow polymerization of the resin as recommended by the manufacturer. 5. The Contractor shall follow the Supplier’s cool-down instructions prior to relieving the air pressure of the liner. 6. The Contractor shall document a UV curing report and submit a file copy to the Engineer for each pipe. This sheet shall contain, but not be limited to, the following: a. Date of Installation. b. Site number(s) and address. c. The curing method used (i.e. UV). d. Time and rate of travel for UV curing process. e. Pressure and temperature readings. f. Amount of lamps in operation on UV curing assembly. g. Time of installation from start to finish. 7-20.5 Testing 7-20.5(1) Post Installation CCTV Inspections Contractor will review the CCTV inspection video tapes and indicate where the following deficiencies are located: 1. Cracked or damaged liner pipe. 2. Out of round liner pipe. 3. Debris in liner pipe. The findings of the post installation inspections shall be summarized in inspection reports and submitted to the Engineer for review. Final acceptance of the installation will not take place until any deficiencies identified in the inspections are addressed. 7-20.5(2) Material Testing Contractor shall prepare a sample of the installed CIPP liner for subsequent testing of its physical properties. Sampling shall be performed for each separate installation of CIPP or one (1) test per batch-order of sectional liner. The Owner reserves the right to take five (5) random core samples of 05/06/2021 135 the installed CIPP liner at no additional cost in accordance with the procedures in ASTM D5813, as is applicable. The method of repair will be as recommended by the Contractor. The minimum wall thickness shall be determined at a minimum of three locations on a cut section of the CIPP lining using a method of measurement accurate to the nearest 0.005 inch or one (1) test per batch order of sectional liner not taken from actual live installation. The sample shall be prepared using the flat plate sampling method in accordance with the procedures in ASTM F1216. The flat plate sample shall be large enough to provide five sample specimens each for short-term flexural (bending) properties, as per ASTM D790. The sample will be clamped in a mold and placed in the downtube during the curing of the CIPP tube. The sample shall be removed after all the water is removed from the cured pipe tube. The samples shall be identified by Date, Project Name, Size, Thickness, Location, Resin, and Catalyst. The cured sample shall be tested by an independent testing laboratory as recommended by the CIPP liner manufacturer and approved by the Engineer for the short-term flexural (bending) properties and tensile properties, per ASTM D790 and ASTM D638, respectively. The sample shall be double bagged and sealed. The Contractor shall provide liner test results for long-term properties in accordance with ASTM D 2990. The Contractor shall be responsible for any deviation from the specified physical properties and those evaluated through testing. Failure to meet the specified physical properties shall result in the CIPP liner being considered defective Work and shall be rejected. The Contractor shall be responsible for all costs associated with the testing of the liner physical properties. For UV-Cured Systems — Contractor shall provide an additional restrained field sample to allow circumferential (hoop) directions of the fiberglass reinforcement, at least 2-inches wide (axial direction of the liner, along the length) to test a representative amount of fibers if glass roving mats are used. The samples are to be tested in a curved beam configuration where the minimum beam width is 2-inches, in accordance with ASTM F2019. 7-20.5(3) Cleanup Following inspection, the Contractor shall clean up the entire Project area. All excess material and debris, not incorporated into the permanent installation, shall be disposed off site by the Contractor at a site approved by the Engineer. 7-20.6 Measurement Measurement for “X-Inch CIPP Pipe” will be linear feet installed. Linear feet installed shall be measured along the invert. The number of linear feet will be measured from the center of manhole to center of manhole. Measurement for “Lateral Reinstatement” will be per each. Measurement for “Excessive Leak Repair” will be per each. 7-20.7 Payment Payment Schedule for “X-Inch CIPP Pipe”, “Lateral Reinstatement”, and “Excessive Leak Repair” is shown in Section 1-09.14. 8-02 ROADSIDE RESTORATION 8-02.3(4)A Topsoil Type A Section 8-02.3(4)A is supplemented with the following: (******) The contractor shall provide a material submittal for topsoil prior to use. 05/06/2021 136 8-02.3(16)A Lawn Installation Section 8-02.3(16)A has been supplemented with the following: (******) 8-02.3(16)A1 Submittals 8-02.3(16)A1a Certification of Material 1. Include seed mix percentages, purity, germination rates, weed experience, and date tested for the preceding. Include complete data on source, size and quality. 2. Supply on-site 12” x 12” sample of each sod specified for inspection and approval in advance by the City. 3. Supply Grower’s written recommendations for fertilizer type, rate of application, and frequency. 4. All certificates required by law shall accompany shipments. 5. Upon completion of the installation and prior to final inspection, deliver all certificates to the Engineer. 8-02.3(16)A1b Manufacturer’s Certificates of Conformance 1. Supply for Certificates of Conformance for fertilizer being used for the project. 8-02.3(16)A1c Schedule for Installation 1. The Contractor shall coordinate all work with the City and submit a watering plan for the Establishment Period. 8-02.3(16)A2 Product Handling Deliver all items to the site in their original containers, with all labels intact and legible, at the time of the City’s inspection. Coordinate delivery and installation of sod to ensure sod is installed immediately upon delivery. Use all means necessary to protect new lawn areas before, during, and after installation and to protect the installed work and materials of all other trades. In the event of damage or rejection, immediately make all repairs and replacements necessary for the approval of the Inspector and at no additional cost to the City. 8-02.3(16)A3 Site Information If sod is stored onsite, preserve and protect all sod on site prior to and during installation. Protect from wind, drought, unusual weather and vandalism. Store all sod on site within limits of work. Protect adjacent property, public walks, curbs and pavement from damage. Do not block public access routes with plant material. 8-02.3(16)A4 Sod The Contractor shall provide sod to all new lawn areas and to those lawn areas requiring restoration from the Contractor’s operations. Sod shall conform to section 9 -14.6(8) as shown in the Special 05/06/2021 137 Provisions. 8-02.3(16)A4a Other Materials All other materials not specifically described but required for a complete and proper planting installation, shall be selected by the Contractor subject to the approval of the Engineer. 8-02.3(16)A5 Execution Prior to all work of this section, carefully 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. Verify that lawn installation may be completed in accordance with the original design and the referenced standards. In the event of discrepancy, immediately notify the Engineer for specific instructions. 8-02.3(16)A5a Installation Preparation 1. Prepare subgrade in all lawn areas by scarifying to a 8” minimum depth and removing rocks and debris over 1” in diameter. Subgrade soils should be free-draining and without any impervious soils or other materials harmful to plant growth. Notify the Inspector of any subgrade conditions deleterious to plant growth. 2. Spread topsoil to a minimum depth of 6” after settlement in all lawn areas. 3. Thoroughly rototill topsoil to a minimum depth of 6 inches. 4. Fine grade per Contract Specifications in turf areas as indicated on drawings. Rake entire surface to conform to site grading. Grade edges to 1” below adjacent paved surfaces to provide a smooth transition. Roll as necessary to firm grade to satisfaction of the Inspector. 5. Apply fertilizer to the prepared lawn areas at rates recommended by sod grower and lightly rake to incorporate into the soil. 8-02.3(16)A5b Sod Installation 1. Moisten sod bed and roll lightly for compaction. 2. Lay sod strips per supplier’s instructions. Tightly butt joints, trim edges to conform to smooth curves and straight lines of pavement. Sod is to be flush with paved surfaces after settlement. Avoid gaps and overlaps and stagger sod joints in a brick-like fashion. 3. Remove any bumps, undulations, or low-high spots with a light rolling. 4. Water daily for a minimum of two weeks to prevent dehydration. 5. Protect all turf areas by erecting temporary fences, barriers, signs, etc. as necessary to prevent trampling. 6. Do not work in, over, or adjacent to planting areas without proper protection and safeguards. 8-02.3(16)B Lawn Establishment Section 8-02.3(16)B has been deleted and replaced with the following: (******) 8-02.3(16)B Lawn Establishment and Final Acceptance The Contractor shall maintain all new lawn areas in this project; shall be responsible for the survival of turf in acceptable condition and shall maintain all new lawn areas in a neat and orderly fashion 05/06/2021 138 until Final Acceptance of the project by the City. The period for Final Acceptance shall be no sooner than the second mowing. The Contractor will be held responsible for all damage or loss caused by his inattention or carelessness. The Contractor shall repair damage caused by traffic, vandalism, weather or other outside causes. 8-02.3(16)B1 Establishment Period The Establishment Period will commence on the date of Preliminary Acceptance and will extend to Substantial Completion or Final Acceptance by the City of landscape work, whichever is later. Maintenance during this period will include: 1. Watering: Water areas of new turf so they receive adequate water for survival of the plant in a healthy position. 2. Lawns shall be fertilized every six weeks from March through September per Grower’s written recommendations. Lawns shall be maintained weed-free. 3. Lawns are to be mowed weekly or as needed to maintain a neat appearance. All grass clippings shall be removed from the site. Maximum height of lawn shall not exceed three inches. 4. Protect all lawn areas against damage, including erosion and trespassing, by providing and maintaining proper safeguards. 5. Debris Control: Debris control shall be accomplished in all landscaped lawn areas on a regular basis, at least weekly or more often where necessary. This will include leaf fall control in Fall period. Policing for paper and litter in all areas shall be conducted at least weekly. During the Fall period leaves, windblown into gutters and catch basins, are considered as litter and shall be removed as debris. 8-02.3(16)B2 Guarantee All new turf areas shall be guaranteed by the Contractor to be in a healthy condition for a period of one year from the date of Final Acceptance. 8-02.3(16)B3 Final Acceptance Acceptance of lawn planting as specified shall be based on a uniform stand of grass and a uniform grade at the time of final inspection. Final inspection of the work of the Section will be made at the time of the Final Inspection of the entire project or earlier, if approved by the Engineer. A final punch list will be issued. Final Acceptance of the new turf areas which are the responsibility of the Contractor will be contingent upon Final Acceptance of the entire project or at the determination of the City if earlier than Final Acceptance of the entire project. 8-09 RAISED PAVEMENT MARKERS 8-09.5 Payment Section 8-09.5 has been revised with the following: 05/06/2021 139 (******) Payment will be made for each of the following bid items that are included in the proposal: “Raised Pavement Marker Type 1”, per each. “Raised Pavement Marker Type 2”, per each. “Raised Pavement Marker Type 3-______ In.”, per each. “Recessed Pavement Marker”, per each. The unit contract price per each for “Raised Pavement Marker Type 1”, “Raised Pavement Marker Type 2”, and “Raised Pavement Marker Type 3-______ In.” and “Recessed Pavement Marker” shall be full pay for all labor, materials, and equipment necessary for furnishing and installing the markers in accordance with these Specifications, including all cost involved with traffic control unless traffic control is listed in the Contract as a separate pay item. 8-13 MONUMENT CASES 8-13.1 Description Section 8-13.1 is revised and supplemented with the following: (******) This Work shall consist of furnishing and placing monument cases and covers, in accordance with the Standard Plans and these Specifications, in conformity with the lines and locations shown in the Plans or as staked by the Engineer or by the Contractor supplied Surveyor. 8-13.3 Construction Requirements Paragraphs 2 and 3 of Section 8-13.3 is revised and supplemented with the following: (******) The monument will be furnished and set by the Contractor supplied Surveyor. When existing monuments will be impacted by a project, the Contractor shall be responsible for assuring that a registered surveyor references the existing monuments prior to construction. After construction is complete, the monuments shall be re-established by the Surveyor in accordance with RCW58.09.130. 8-13.4 Measurement Section 8-13.4 is supplemented with the following: (******) All costs for surveying and resetting existing monuments impacted by construction shall be considered incidental to the Contract unless specifically called out to be paid as a bid item. 8-13.5 Payment Section 8-13.5 is supplemented with the following: (******) "Reset Existing Monument" per each. Resetting an existing monument impacted by construction shall be incidental unless included as a pay item in the Schedule of Prices. 8-14 CEMENT CONCRETE SIDEWALKS 8-14.3(4) Curing Section 8-14.3(4) is replaced with: (******) The curing materials and procedures outlined in Section 5-05.3(13) of the Standard Specifications shall prevail, except that white pigmented curing compound shall not be used on sidewalks. The curing agent shall be applied immediately after brushing and be maintained for a period of 5 days. The Contractor shall have readily available sufficient protective covering, such as waterproof paper 05/06/2021 140 or plastic membrane, to cover the pour of an entire day in the event of rain or other unsuitable weather. During the curing period, all traffic, both pedestrian and vehicular, shall be excluded. Vehicular traffic shall be excluded for such additional time as the Engineer may specify. The Contractor shall be responsible for barricading, patrolling, or otherwise protecting the newly placed concrete to prevent damage. Damaged, vandalized, discolored, stained, or unsightly concrete shall be removed and replaced at the expense of the Contractor. 8-14.4 Measurement Section 8-14.4 is supplemented by adding the following: (******) When the Contract contains a pay item for "Curb Ramp, Cement Concrete," the per each measurement shall include all costs for the complete installation per the Plans and standard details including expansion joint material, curb and gutter and ramped sidewalk section. Sawcutting, removal and disposal of excavated materials including existing pavement and sidewalk, crushed surfacing base materials and all other Work, materials and equipment required per Section 8-14, shall be included in the per each price for "Curb Ramp, Cement Concrete" unless any of these other items are listed and specified to be paid as separate pay items. If the Contract does not provide a pay item for "Curb Ramp, Cement Concrete," but the Plans call for such installation, then quantities shall be measured with and paid for under the bid items for Curb and Gutter and for Cement Concrete Sidewalk. When curb ramps are to be constructed of asphalt concrete, the payment shall be included in the pay item for "Miscellaneous and/or Driveway Asphalt Concrete." 8-14.5 Payment Section 8-14.5 is supplemented with the following: (******) "Curb Ramp, Cement Concrete," per each. Payment for excavation of material not related to the construction of the sidewalk but necessary before the sidewalk can be placed, when and if shown in the Plans, will be made in accordance with the provisions of Section 2-03. Otherwise, the Contractor shall make all excavations including haul and disposal, regardless of the depth required for constructing the sidewalk to the lines and grades shown, and shall include all costs thereof in the unit contract price per square yard for “Cement Concrete Sidewalk” and the per each contract price for “Curb Ramp, Cement Concrete.” 8-17 IMPACT ATTENUATOR SYSTEMS 8-17.5 Payment Section 8-17.5 is supplemented with the following: (******) If no pay item is included for temporary impact attenuators then all costs to provide and install shall be considered a part of the pay item for "Traffic Control." 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, AND ELECTRICAL 8-20.2(1) Equipment List and Drawings (******) Paragraph four of Section 8-20.2(1) is revised and supplemented with the following: The Contractor shall submit for approval six sets of shop drawings for each of the following types of standards called for on this project: 1. Light standards with or without pre-approved Plans. 2. Signal standards with or without pre-approved Plans. 3. Combination Signal and lighting standards. 4. Metal Strain Poles. Paragraph five of Section 8-20.2(1) is deleted. 05/06/2021 141 Paragraph six of Section 8-20.2(1) is deleted. Section 8-20.2(1) is supplemented with the following: The Contractor also shall submit either on the signal standard shop drawings or attached to the signal standard shop drawings all dimensions to clearly show the specific mast arm mounting height and signal tenon locations for each signal pole to be installed. 8-22 PAVEMENT MARKING 8-22.1 Description The following item in Section 8-22.1 is revised with the following: (******) Crosswalk Stripe A SOLID WHITE line, 8 inches wide and 10-feet long, installed parallel to another crosswalk stripe and parallel to the direction of traffic flow and centered in pairs on lane lines and the center of lanes. See detail sheet. Skip Center Line (Replacement) A BROKEN YELLOW line 4 inches wide. The broken or “skip” pattern shall be based on a 24-foot unit consisting of a 9-foot line and a 15-foot gap. Skip center strip is used as centerline delineation on two-lane or three-lane, two-way highways. Double Yellow Center Line (Replacement) Two SOLID YELLOW lines, each 4 inches wide, separated by a 4-inch space. Double yellow center stripe is used as centerline delineation on multilane, two-way highways and for channelization. Approach Line (New) A SOLID WHITE line, 8 inches wide, used to separate left and right turning movements from through movements, to separate high occupancy vehicle lanes from general-purpose lanes, for islands, hash marks, and other applications. Hash mark stripes shall be placed on 45-degree angle and 10 feet apart. Lane Line (Replacement) A BROKEN WHITE line, 4 inches wide, used to delineate adjacent lanes traveling in the same direction. The broken or “skip” pattern shall be based on a 24-foot unit consisting of a 9-foot line and a 15-foot gap. Two Way Left Turn Line (Replacement) A SOLID YELLOW line, 4 inches wide, with a BROKEN YELLOW line, 4 inches wide, separated by a 4-inch space. The broken or “skip” pattern shall be based on a 24-foot unit consisting of a 9-foot line and a 15-foot space. The solid line shall be installed to the right of the broken line in the direction of travel. Crosswalk Line (Replacement) A SOLID WHITE line, 8 inches wide and 10 feet long, installed parallel to another crosswalk stripe and parallel to the direction of traffic flow and centered in pairs on lane lines and the center of lanes. See detail sheet. Stop Line (Replacement) A SOLID WHITE line 12, 18, or 24 inches wide as noted on the Contract Plans. 8-22.3(5) Installation Instructions Section 8-22.3(5) is revised with the following: (******) A manufacturer’s technical representative need not be present at the initial material installation to approve the installation procedure. 05/06/2021 142 8-22.5 Payment Section 8-22.5 is supplemented with the following: (******) “Approach Stripe,” per linear foot. "Remove Paint Line ....." wide," per linear foot.* "Remove Plastic Line ......" Wide," per linear foot.* "Remove existing traffic markings, "per Lump Sum.* *The linear foot contract price for "Remove Paint Line" and "Remove Plastic Line" and the lump sum contract price for "Remove existing traffic markings" shall be full compensation for furnishing all labor, tools, material, and equipment necessary for removal of existing traffic markings as per the Plans, Specifications and detail sheets. If these pay items do not appear in the contract schedule of prices, then the removal of old or conflicting traffic markings required to complete the channelization of the project as shown on the Plans or detail sheets shall be considered incidental to other items in the Contract and no further compensation shall be made. 8-23 TEMPORARY PAVEMENT MARKINGS 8-23.5 Payment Section 8-23.5 is supplemented with the following: (******) If no pay item is included in the Contract for installation, or for removal of temporary pavement markings, then all costs associated with these items are considered incidental to other items in the Contract or included under "Traffic Control," if that item is included as a bid item. 9-03.8(7) HMA Tolerances and Adjustments Item 1 is deleted and replaced with: (******) 1. Job Mix Formula Tolerances. After the JMF is determined as required in 5-04.3(7)A, the constituents of the mixture at the time of acceptance shall conform to the following tolerances: Nonstatistical Commercial Evaluation Evaluation Aggregate, percent passing 1”, ¾”, ½”, and 3/8” sieves 6% 8% U.S. No. 4 sieve 6% 8% U.S. No. 8 sieve 6% 8% U.S. No. 16 sieve 4% 6% U.S. No. 30 sieve 4% 6% U.S. No. 50 sieve 4% 6% U.S. No. 100 sieve 3% 5% U.S. No. 200 sieve 2.0% 3.0% Asphalt Binder 0.5% 0.7% VMA 1.5% below minimum value in 9-03.8(2) VFA minimum and maximum as listed in 9-03.8(2) Va 2.5% minimum and 5.5% maximum These tolerance limits constitute the allowable limits as described in Section 1-06.2. The tolerance limit for aggregate shall not exceed the limits of the control point’s section, except the tolerance limits for sieves designated as 100% passing will be 99-100. 05/06/2021 143 9-03.22 Cement-based Grout for Abandoning Existing Utilities (Additional Section) Section 9-03.22 is a new section: (******) The Contractor shall submit a mix proposal that has flow characteristics appropriate for filling a utility pipeline. The mix proposal for “Cement-base Grout for Abandoning Existing Utilities” shall be approved by the Engineer prior to commencing work on this item. Cement-based Grout for Abandoning Existing Utilities shall be equal to a 1-sack mix and the materials shall conform to the following: Cement: This material shall be Portland cement as specified in section 9-01. Aggregate: This material shall meet the requirements for fine aggregate as specified in section 9- 03.1. Water: Water shall conform to the provisions of Section 9-25.1. Minimum Strength: 100 psi 9-05 DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS 9-05.4 Steel Culvert Pipe and Pipe Arch (RC) Section 9-05.4 is revised with the following: (******) Steel culvert pipe and pipe arch shall meet the requirements of AASHTO M 36, Type I and Type II. Welded seam aluminum coated (aluminized) corrugated steel pipe and pipe arch with metallized coating applied inside and out following welding is acceptable and shall be asphalt treatment coated. 9-05.7(2) Reinforced Concrete Storm Sewer Pipe (RC) Section 9-05.7(2) is replaced by the following: (******) Reinforced Concrete Storm Sewer pipe shall conform to the requirements of ASTM C-76 and shall be Class IV. Cement used in the manufacture of reinforced concrete pipe shall be Type II in conformance with ASTM C150. No admixture shall be used unless otherwise specified. 9-05.7(2)A Basis for Acceptance (RC) Section 9-05.7(2)A is supplemented with the following: (******) All pipe shall be subject to (1) a three-edge-bearing strength (D-load) test in accordance with ASTM C76; and (2) a hydrostatic test of rubber gasket joints in accordance with ASTM C361 or AWWA C302 except test pressure shall be 5 psi. 9-05.7(3) Concrete Storm Sewer Pipe Joints (RC) Section 9-05.7(3) is replaced by the following: (******) Joint assembly design shall be reinforced concrete bell and spigot type incorporating a fully retained single rubber gasket in accordance with ASTM C361 or AWWA C302. Rubber gasket material shall be neoprene. 9-05.7(4) Testing Concrete Storm Sewer Pipe Joints (RC) Section 9-05.7(4) is supplemented with the following: (******) Hydrostatic testing of rubber gasket joints shall be performed in accordance with ASTM C361 or AWWA C302 except test pressure shall be 5 psi. 9-05.9 Steel Spiral Rib Storm Sewer Pipe (RC) Section 9-05.9 is replaced with: (******) The manufacturer of spiral rib storm sewer pipe shall furnish the Engineer a Manufacturer's Certificate of Compliance stating that the materials furnished comply in all respects with these Specifications. The Engineer may require additional information or tests to be performed by the 05/06/2021 144 Contractor at no expense to the City. Unless otherwise specified, spiral rib storm sewer pipe shall be furnished with pipe ends cut perpendicular to the longitudinal axis of the pipe. Pipe ends shall be cut evenly. Spiral rib pipe shall be fabricated either by using a continuous helical lock seam or a continuous helical welded seam paralleling the rib. Steel spiral rib storm sewer pipe shall be manufactured of metallic coated (aluminized or galvanized) corrugated steel and inspected in conformance with Section 9-05.4. The size, coating, and metal shall be as shown in the Plans or in the Specifications. For spiral rib storm sewer pipe, helical ribs shall project outwardly from the smooth pipe wall and shall be fabricated from a single thickness of material. The ribs shall be essentially rectangular and shall be 3/4 inch plus two times the wall thickness (2t) plus or minus 1/8 inch (measured outside to outside) and a minimum of 0.95 inch high (measured as the minimum vertical distance from the outside of pipe wall immediately adjacent to the lockseam or stiffener to the top surface of rib). The maximum spacing of the ribs shall be 11.75 inches center to center (measured normal to the direction of the ribs). The radius of bend of the metal at the corners of the ribs shall be a minimum of 0.10 inch and a maximum of 0.17 inch. If the sheet between adjacent ribs does not contain a lockseam, a stiffener shall be included midway between ribs, having a nominal radius of 0.25 inch and a minimum height of 0.20 inch toward the outside of the pipe. Pipe shall be fabricated with ends that can be effectively jointed with coupling bands. When required, spiral rib or narrow pitch spiral rib pipe shall be bituminous treated or paved. The bituminous treatment for spiral rib pipe shall conform to the requirements of Sections 9-05.4(3) and 9-05.4(4). For narrow pitch spiral rib sewer pipe, the helical ribs shall project outwardly from the smooth pipe wall and shall be fabricated from a single thickness of material. The ribs shall be .375 inch + 1/8 inch wide (measured outside to outside) and a minimum of .4375 inch high (measured as the minimum vertical distance of ribs shall be 4.80 inches center to center (measured normal to the direction of the ribs). The radius of bend of the metal at the corners of the ribs shall be 0.0625 inch with an allowable tolerance of + 10 percent. 9-05.12 Polyvinyl Chloride (PVC) Pipe Section 9-05.12(3) is a new additional section: (******) Gravity sewer pipe shall be as specified herein and as shown on the Plans. The Contractor shall provide one electronic copy of the pipe manufacturer’s technical literature including tables of dimensional tolerances to the Engineer. Any pipe found to have dimensional tolerances in excess of those prescribed or having defects, which prevent adequate joint seal or any other damage, shall be rejected. If requested by the Engineer, not less than three nor more than five lengths of pipe for each size, selected from stock by the Engineer, shall be tested as specified for maximum dimensional tolerance or the respective pipe. Materials shall meet the requirements of the following sections: PVC sewer pipe – Section 9-05.12(1) PVC (C900/C905) sewer pipe – Section 9-30.1(5)A All pipe shall be clearly marked with type, class, and thickness. Lettering shall be legible and permanent under normal conditions of handling and storage. 9-05.14 ABS Composite Sewer Pipe Section 9-05.14 is deleted in its entirety (******) 05/06/2021 145 9-05.17 Aluminum Spiral Rib Storm Sewer Pipe Section 9-05.17 is replaced with: (******) Unless otherwise specified, spiral rib storm sewer pipe shall be furnished with pipe ends cut perpendicular to the longitudinal axis of the pipe. Pipe ends shall be cut evenly. Spiral rib pipe shall be fabricated by using a continuous helical lock seam with a seam gasket. For spiral rib storm sewer pipe, helical ribs shall project outwardly from the smooth pipe wall and shall be fabricated from a single thickness of material. The ribs shall be 3/4 inch wide by 3/4 inch deep with a nominal spacing of 7-1/2 inches center to center. Pipe shall be fabricated with ends that can be effectively jointed with coupling bands. For narrow pitch spiral rib storm sewer pipe, helical ribs shall project outwardly from the smooth pipe wall and shall be fabricated from a single thickness of material. The ribs shall be 0.375 inch + 1/8 inch wide (measured outside to outside) and a minimum spacing of ribs shall be 4.80 inches center to center (measured normal to the direction of the ribs). The radius of bend of the metal at the corners of the ribs shall be 0.0625 inch with an allowable tolerance of + 10 percent. For wide pitch spiral rib storm sewer pipe, helical ribs shall project outwardly from the smooth pipe wall and shall be fabricated from a single thickness of material. The ribs shall be 3/4 inch + 1/8 inch wide (measured outside to outside) and a minimum of 0.95 inch high (measured as the minimum vertical distance from the outside of pipe wall to top surface of the rib). The maximum spacing of ribs shall be 11.75 inches center to center (measured normal to the direction of the ribs). The radius of bend of the metal at the corners of the ribs shall be 0.0625 inch with an allowable tolerance of + 10 percent. 9-05.20 Corrugated Polyethylene Storm Sewer Pipe (CPEP) Section 9-05.19 is replaced with the following: (******) 9-05.20(1) Description Corrugated Polyethylene Pipe (CPEP) shall be corrugated high-density polyethylene pipe with smooth internal wall manufactured by Advanced Drainage Systems (ADS), or approved equivalent. 9-05.20(2) Pipe Material and Fabrication CPEP shall be in conformance with the latest version of ASTM F 667 or AASHTO M 294, Type S. 9-05.20(3) Fittings and Gaskets Fittings shall be gasketed PVC fittings. Gaskets shall conform to ASTM F 477. Fittings shall conform to ASTM F 1536 or ASTM D 3212. Fittings shall be manufactured by Nyloplast USA, Inc., or approved equivalent. 9-05.20(4) Installation Pipe and fittings shall be installed per the manufacturer's recommendations. Lubricate gasket and fitting socket with manufacturer-approved lubricant prior to pushing pipe into fitting. 9-05.24 Polypropylene Culvert Pipe, Polypropylene Storm Sewer Pipe, and Polypropylene Sanitary Sewer Pipe This sections content is deleted and replaced with the following: (******) All joints for polypropylene pipe shall be made with a bell/bell or bell and spigot coupling and shall conform to ASTM D 3212 using elastomeric gaskets conforming to ASTM F 477. All gaskets shall be factory installed on the pipe in accordance with the producer’s recommendations. 05/06/2021 146 Qualification for each producer of polypropylene storm sewer pipe requires joint system conformance to ASTM D 3212 using elastomeric gaskets conforming to ASTM F 477 and a formal quality control plan for each plant proposed for consideration. A Manufacturer’s Certificate of Compliance shall be required and shall accompany the materials delivered to the project. The certificate shall clearly identify production lots for all materials represented. The Contracting Agency may conduct verification tests of pipe stiffness or other properties it deems appropriate. This section is supplemented with the following new sub-sections: 9-05.24(1) Polypropylene Culvert Pipe and Storm Sewer Pipe Polypropylene culvert and storm sewer pipe shall conform to the following requirements: 1. For dual wall pipe sizes up to 30 inches: ASTM F2736. 2. For triple wall pipe sizes from 30 to 60 inches: ASTM F2764. 3. For dual wall profile pipe sizes 36 to 60 inches: AASHTO MP 21, Type S or Type D. 4. Fittings shall be factory welded, injection molded or PVC. 9-05.52 Dense Foam Section 9-05.52 is a New Section as follows: (******) Dense foam shall be Ethafoam HS 600 high density, polyethylene foam, as manufactured by Dow Chemical Company, or approved equivalent. 9-08 PAINTS AND RELATED MATERIALS 9-08.8 Manhole Coating System Products Section 9-08.8 is a new section and subsections: (******) 9-08.8(1) Coating Systems Specification A. High Solids Urethane Coating System: C1 Coating Material: High Solids Urethane Surfaces: Concrete Surface Preparation: In accordance with SSPC SP-7 (Sweep or brush off blast) Application: Shop: The drying time between coats shall not exceed 24 hours in any case System Thickness: 6.0 mils dry film Coatings: Primer: One coat of Wasser MC- Aroshield high solids urethane (2.0 DFT) Finish: Two or more coats of Wasser MC-Aroshield (min. 4.0 DFT) 05/06/2021 147 Color: White 9-14 EROSION CONTROL AND ROADSIDE PLANTING 9-14.1(1) Topsoil Type A Section 9-14.1(1) is supplemented with the following: (******) Planting soil / topsoil shall consist of loose, moderately well-drained, friable soil of sandy loam texture, free of ice, snow and rubbish with no admixture of refuse or material toxic to plant growth. Soil shall be reasonably free of stones, lumps, roots, and weeds or similar objects. Topsoil should be fertile and free-flowing (pulverized). Topsoil shall be Mycorrhizae inoculated. Topsoil shall meet the following parameters: Parameter Range pH 6.7-7.5 Moisture Content 25%-55% Soluble Salts 2.5 mmhos/(dS) Coarse Sand 50%max (by weight) Clay 25%max (by weight) Silt 15%max (by weight) Organic matter 10%max (by weight) 9-14.5(10) Hydroseed Bid Item (New Section) Section 9-14.5(10) is supplemented with the following: (******) 9-14.5(10)A Description Contractor shall Hydroseed disturbed areas - as a result of the construction activities - adjacent to the sedimentation pond and stockpile areas. 9-14.5(10)B Products Submittals Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. 05/06/2021 148 Materials, Seed A. On the pond slopes the following grass mix shall be used at a rate of 65 lb/acre: Red fescue Festuca rubra 40% Annual or perennial rye Lolium multiflorum Lolium perenne 40% Colonial bentgrass Agrostis tenuis 20% B. Wood Cellulose Fiber Mulch: Degradable green dyed wood cellulose fiber free from weeds or other foreign matter toxic to seed germination and suitable for hydromulching. C. Soil Binder or Tacking Agent: Liquid concentrate diluted with water forming a transparent 3- dimensional film-like crust permeable to water and air and containing no agents toxic to seed germination. Contractor shall comply with all environmental regulations and manufacturers recommendations regarding fertilizer use. 9-14.5(10)C Transportation, Delivery, Storage and Handling A. Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. 9-14.5(10)D Installation A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. D. Limit preparation to areas which will be immediately seeded. E. Loosen topsoil of areas to be seeded to minimum depth of 4 inches. F. Grade area to be seeded. Remove ridges and fill depressions as required to drain. G Seed immediately after preparation of bed. Spring seeding shall occur between April 1 and June 1 and fall seeding shall occur between September 1 and October 31 or at such other times acceptable to the City. H. Seed indicated areas within contract limits and areas adjoining contract limits disturbed as a result of construction operations. I. Perform seeding operations when the soil is dry and when winds do not exceed 5 miles per hour. J. The contractor shall use the double application method for all hydroseeding as follows: Mulching A. Mulch cover shall be applied at 2,000 lbs/acre as follows: 1. First application: 100 percent seed mix with 25 percent of mulch. 2. Second application: tackifier with 75 percent of mulch Tacking Agent A. Tacking agent shall be applied by approved hydraulic equipment. distribution and discharge lines shall be equipped with a set of hydraulic discharge spray nozzles which will provide a uniform distribution of the material. Tacking agent shall be applied at 80 gal/acre. Contractors shall comply with all environmental regulations and manufacturers recommendations 05/06/2021 149 9-14.5(10)E Cleaning A. Perform cleaning during installation of the work and upon completion of the work. Remove from the site all excess materials, debris and equipment. Repair damage to any project features. 9-14.5(10)F Warranty Hydroseeding A. Hydroseeded areas will be inspected 1 week after germination to determine if coverage of seeding is acceptable. B. A uniform stand of grass and wildflowers over 90 percent of seeded area shall be obtained by watering and maintaining until final acceptance. Areas which fail to provide a uniform stand of grass shall be reseeded. Areas reseeded will not be accepted until the coverage required herein is obtained. 9-14.6(8) Sod Section 9-14.6(8) is supplemented with the following: (******) Sod shall be nursery-grown (farm-grown) under climatic conditions similar to or hardier than those at the site. Sod shall have normal habit of growth and be healthy, vigorous and free of disease, insects, insect eggs and larvae. Sod material shall meet or exceed the specification of Federal, State and local laws requiring inspection for plant disease and insect control. Sod: Non-net “Premium Shadow Master” Sod Mixture from Emerald Turfgrass Farms, Inc., Sumner, WA, Ph: 253 838 9911 or 425 641 0608, or approved equal. Approved equal must be from a local grower and be established in growing sod in sandy loam soils. Sod grown in heavy clay soils is not acceptable. All required certifications apply for “approved equal”. Sod shall contain 65% perennial turf-type ryegrass by weight and 35% hard fescue by weight. 9-23 CONCRETE CURING MATERIALS AND ADMIXTURES 9-23.9 Fly Ash (RC) Section 9-23.9 is revised with the following: (******) Fly ash shall not be used around water lines. 9-30 WATER DISTRIBUTION MATERIALS 9-30.1 Pipe Section 9-30.1 is supplemented and revised with the following: (******) All materials for water distribution and transmission shall be new and undamaged. Prior to ordering any pipe and fittings to be used in a potable water supply, the Contractor shall submit the material source as required by Section 1-06.1 of the Standard Specifications. All direct and indirect drinking water system components which come in contact with potable water shall have National Sanitation Foundation (NSF) certification. All pipe and fittings shall be clearly marked with the manufacturer’s name, type, class, and thickness as applicable and shall be marked on the component at the place of manufacture. Marking shall be legible and permanent under normal conditions of handling and storage. 9-30.1(1) Ductile Iron Pipe Section 9-30.1(1) is revised with the following: (******) 1. Ductile iron pipe shall be centrifugally cast in 18 or 20 foot nominal lengths and meet the requirements of AWWA C151. Ductile iron pipe shall have a double thick cement mortar 05/06/2021 150 lining and a 1-mil thick seal coat meeting the requirements of AWWA C104. Ductile iron pipe shall be minimum Standard Thickness Class 52 or the thickness class as shown in the Plans. Flanged ductile iron pipe shall be Class 53 per AWWA C115. 2. Non-restrained joint shall be rubber gasket, push-on type joint (Tyton) or mechanical joint (M.J.) conforming to AWWA C111, unless otherwise specified. 3. Restrained joints shall be as specified in Section 9-30.2(6). 4. Flanged joints shall conform to ANSI B16.1, class 125 drilling pattern, rated for 250 psi working pressure. Flanged ductile iron pipe shall be Class 53 per AWWA C 115. Thicker Classes are acceptable. The Contractor shall furnish certification from the manufacturer of the pipe and gasket being supplied that the inspection and all of the specified tests have been made and the results thereof comply with the requirements of the above referenced standards. 9-30.1(2) Polyethylene Encasement Section 9-30.1(2) is supplemented and revised with the following: (******) Polyethylene encasement (plastic film wrap) shall be eight mil polyethylene, tube type conforming to AWWA C105. All ductile iron pipes and fittings shall be installed with a polyethylene encasement, tube-type and in black color. 9-30.2 Fittings 9-30.2(1) Ductile Iron Pipe Section 9-30.2(1) is supplemented and revised with the following: (******) Fittings for ductile iron pipe shall be ductile iron conforming to AWWA C110, and AWWA C111 or AWWA C153 and shall be cement-lined conforming to AWWA C104. All water main fittings shall be ductile iron, short body, cement lined and for pressure rating of 350 psi for mechanical joint fittings and 250 psi for flange joint fittings, unless otherwise specified. Metal thickness and manufacturing process shall conform to applicable portions of ANSI/AWWA C110/A21.10. Mechanical joint, ductile iron, compact fittings 24 inches and less shall conform to ANSI A21.53 (AWWA C153). Flanged fittings, cast or ductile iron, shall conform to ANSI B16.1, class 125 drilling pattern. Ductile iron fittings include: tees, crosses, wyes, bends, adapters, sleeves, plugs, caps, offsets, reducers, and ells. Rubber gaskets for push-on joints (Tyton) or mechanical joint (M.J.) shall conform to ANSI A21.11 / AWWA C111. Gasket materials for flange joints shall be neoprene, Buna N, chlorinated butyl, or cloth- inserted rubber suitable for pressurized water service purposes. Type of connections shall be specified as push-on joint (Tyton), mechanical joint (M.J.), plain end (P.E.), flanged (FL), restrained joint (RJ) and threaded. Sleeves less than 12 inches in diameter shall be 12 inches minimum length and shall be mechanical joint. Sleeves greater than 12 inches in diameter shall be of the long body type and shall be 15 inches minimum length and shall be mechanical joint. Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and the outside diameter of the existing cast iron pipe is 0.05 inches or less from the outside diameter of the ductile iron pipe being joined, the pipe shall be joined with a mechanical joint sleeve. Where ductile iron pipe is to be joined to existing cast iron pipe of the same nominal size and the outside diameter of the existing cast iron pipe conforms to AWWA 1908 classifications A, B, C, D, or F, the pipe shall be joined with a transition mechanical joint sleeve having a single-piece casting. Threaded pipe and flanges combinations shall not be used. 05/06/2021 151 Bolts in piping and fittings shall be malleable iron, Cor-ten or stainless steel. Bolts and nuts for flanged pipe and fittings shall conform in size and length with ANSI/AWWA C111/A21.11. Stainless steel bolts shall meet the requirements of ASTM A-307, Grade A. Shackle rods shall be Cor-ten or stainless steel all thread 316SS. Stainless steel nuts and bolts shall be type 316SS. Contractor shall provide Manufacturer’s Certificate of Compliance in accordance with Section 1-06.3 Manufacturer’s Certificate of Compliance of the Standards Specifications for all fittings and bolts to be used. 9-30.2(2) Galvanized Iron Pipe Section 9-30.2(2) is a new section and shall read as follows: (******) Where galvanized iron pipe is specified, the pipe shall be standard weight, Schedule 40, steel pipe per Standard Specifications for black and hot-dipped, zinc coated (galvanized) welded and seamless steel pipe for ordinary uses (ASTM A-120). Fittings shall be screwed malleable iron galvanized per ANSI B16.3. 9-30.2(3) Steel Casing Pipe Section 9-30.2(3) is a new section and shall read as follows: (******) Steel casing shall be black steel pipe conforming to ASTM A 53. Before installation, coat casing exterior with shop-applied anticorrosive coating conforming to AWWA C210. Minimum coating thickness shall be 16 mils dry film thickness (DFT); however, thickness shall not exceed manufacturer’s recommended thickness. Coating type shall be a polyamide epoxy-coal tar equal to Tnemec Hi-Build Theme-Tar, Series 46H-413. Casing wall thickness shall be 0.250 inch for casings 24 inches or less in diameter and 0.375 inch for casings over 24 inches in diameter. Carrier pipe for water main shall be Restrained Joint Ductile Iron, Class 52. 9-30.2(4) Spacers and Seals for Steel Casing Pipe Section 9-30.2(4) is a new section and shall read as follows: (******) Casing spacers shall be “centered positioning” type bands at least 12 inch in width, and shall be either stainless steel or heavy duty fusion bonded epoxy coated steel. Runners shall be 2-inch wide glass reinforced plastic securely bonded to the spacer, and shall be aligned on the spacer along the axis of insertion of the water main into the casing pipe. Runner length shall approximate the width of the spacer. Securing the spacer to the water main shall be in accordance with the manufacturer’s instruction. The height of the risers and runners combined shall be sufficient to keep the carrier pipe bell, couplings or fittings at least 0.75 inch from the casing pipe wall at all times and provide at least 1-inch clearance between the runners and the top of the casing wall, to prevent jamming during installation. Acceptable spacers and end seals manufacturers are Pipeline Seal and Insulator model S12G-2 for stainless steel and model C12G-2, C8G-2 for fusion-bonded and coated steel, Cascade Waterworks Mfg. Co., Advance Products & Systems, Inc. or approved equal. 9-30.2(6) Restrained Joint Pipe and Fittings Section 9-30.2(6) including title is deleted and replaced with the following: (******) Restrained joints (RJ) ductile iron pipe and fittings, where required on the plans, shall be flexible after assembly and be able to be disassembled. Restrained joints shall meet the following criteria: 1. The restrained joint shall have a positive metal to metal contact locking system without the use of gripping teeth. Gaskets for push-on joint pipe with integrally molded steel or metal teeth or locking segments shall not be allowed as substitutes for restrained-joint pipes. 2. The joint restraint system for the pipe shall be the same as the joint restraint system for the 05/06/2021 152 pipe fittings, except as provided in item 4 below. 3. The joint restraint system for the pipe shall be boltless. 4. Where restrained joint fittings required on the plans cannot be furnished or where restrained jointed fittings are required in areas that are known to be subject to location adjustments, the Contractor may submit a lay plan showing mechanically jointed fittings with wedge restraint glands for approval. Mechanically jointed pipe with wedge restraint glands shall not be substituted for restrained joint pipe. Wedge Restraint Glands Wedge restraint glands shall conform to AWWA C111, ASTM A 536-80 Grade 65-42-12. All bolts and wedges shall be ductile iron. Wedge shall be heat-treated to a minimum 370 BHN. Wedge restraint glands shall be rated for 350 psi for pipe 12 inch in diameter and smaller. 9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe Section 9-30.2(7) is revised with the following: (******) Transition couplings, reducing couplings, transition reducing couplings, sleeves, flexible couplings for water main shall be compression type by pipe manufacturer: Romac or Ford or approved equal. Bolts and nuts shall be high strength, low alloy steel, corrosion resistant per AWWA C111. Stainless steel bolts require anti-seize compound. Heavy hex nuts shall be used. The long body pattern with a minimum center ring or center sleeve length of 12-inches for pipe less than 12 inches in diameter and equal to or greater than the pipe diameter for pipe greater than 12 inches in diameter. Solid sleeves (greater than 12 inch diameter) shall be a 15 inch minimum length. 9-30.3 Valves Section 9-30.3 is supplemented and revised with the following: (******) The valves shall be a standard pattern of a manufacturer whose products are approved by the Engineer and shall have the name or mark of the manufacturer, year valve casting was made, size and working pressure plainly cast in raided and legible letters on the valve body. All valves shall be NSF approved and valve bodies shall be ductile iron. All valves shall be stamped with “NSF APPROVED” and “DI”. Where a valve is required to operate in a higher pressure environment than the Class of valve specified in Section 9-30.3, the class of valve shall be as specified in the Contract. 9-30.3(1) Gate Valves (3 inches to 16 inches) Section 9-30.3(1) is supplemented and revised with the following: (******) All valve material shall be new and undamaged. Unless otherwise approved by the Engineer, the same manufacturer of each item shall be used throughout the work. All gate valves shall be ductile iron body, bronze mounted, resilient seat, non-rising stem and shall be equipped with a standard two (2) inch square operating nut and O-ring stem seals. Valves shall open counterclockwise when viewed from above. Valves shall be designed for a minimum water operating pressure of 200 PSI. Resilient seated gate valves shall be manufactured to meet or exceed the requirements of AWWA Standard C-509 and C-515 latest revisions. Valve ends shall be mechanical joints, flanged joints or mechanical by flanged joints as shown on the project plans. Where restrained joints are called out, valve ends shall be flanged with appropriate flange by restrained joint adapters. All gate valves shall include an 8" x 24" cast iron gate valve box and extensions, as required. A valve stem extension is required where the valve operating nut is more than 3 feet below finished grade. 05/06/2021 153 Valve stem extensions are to be a minimum of 1 foot with only one extension per valve in shall be installed in accordance to the City of Renton standard plans. Acceptable gate valves are Clow, M & H/Kennedy, American Flow Control (ACIPCo), Pratt/Mueller, US Metroseal or approved equal in sizes 16 inches and less. Approval of valves other than models specified shall be obtained prior to bid opening. 9-30.3(3) Butterfly Valves Section 9-30.3(3) is supplemented and revised with the following: (******) In addition to the requirements of section 9-30.3, water main butterfly valves shall conform to AWWA C504 and shall be Class 150B. The valve shall be short-body type and shall have flanged ends. Flanged ends shall be sized and drilled in conformance with ANSI B16.1 Class 125. Valve shall be suitable for direct bury and shall have a stem extension with AWWA 2-inch square operating nut and suitable valve box. All butterfly valves bodies and discs shall be ductile iron. The butterfly valves shall be manufactured by Henry Pratt Company, Mueller, DeZurick, Mosser Valve Division of Olsen Technologies, Dresser 450, Pratt Groundhog or approved equal. 9-30.3(4) Valve Boxes Section 9-30.3(4) is supplemented and revised with the following: (******) Valve boxes shall be installed on all buried valves. The box and lid shall be cast iron, 2-piece slip type with cast iron extension as necessary, conforming to the City of Renton latest standard plans. The cover shall have the word “WATER” cast in it and shall have cast-iron “ears” installed in the direction of the main. Valve box extension pieces shall be provided for valves with groundcover in excess of the depth of the standard valve box. Acceptable manufacturers of valves boxes and covers are Olympic Foundry, Inc., EJCO, Rich (Varnish Casting Corp.) 9-30.3(5) Valve Marker Posts Section 9-30.3(5) is supplemented and revised with the following: (******) Valve markers shall be Carsonite composite utility marker .375"x 6'-0" or approved equal with blue label "water”. The valve markers shall be installed in conformance with the City of Renton Standard Plans. 9-30.3(6) Valve Stem Extensions Section 9-30.3(6) is supplemented and revised with the following: (******) Valve stem extensions shall have a 2-inch square operating nut and self-centering rockplate. A valve stem extension is required where the valve operating nut is more than 3 feet below finished grade. Valve stem extensions are to be a minimum of 1 foot with only one extension per valve in shall be installed in accordance to the City of Renton standard plans. 9-30.3(7) Combination Air Release/Air Vacuum Valves Section 9-30.3(7) is supplemented and revised with the following: (******) Combination air release/air vacuum valves shall comply with the requirements of ANSI/AWWA C512. Air and vacuum release valves shall be APCO No. 143C- Valve and Primer Corp, "Heavy-Duty," combination air release valve, Val-Matic No. 201C, Crispin UL10 or approved equal. Installation shall be per the City of Renton Standard Details, latest revision. Piping and fitting shall be copper or brass. Location of the air release valve as show on the plans is approximate. The installation shall be set at the actual high point of the line. 05/06/2021 154 9-30.3(8) Tapping Sleeve and Valve Assembly Section 9-30.3(8) is supplemented and revised with the following: (******) Tapping sleeves shall be cast iron, ductile iron, or epoxy coated steel. Bolt and nuts shall be Cor-Ten or stainless steel. 9-30.3(9) Blow-Off Assembly Section 9-30.3(9) is a new section: (******) Installation of blow-off assembly shall be per City of Renton Standard Details, latest revision. Pipe and fittings shall be galvanized. Blow-off assembly shall be installed at location(s) shown on the plans. Temporary blow-off assembly on new dead-end water main shall be installed at location shown on the plans. Temporary blow-off assemblies for testing and flushing of the new water mains will not be included under this item and shall be considered incidental to the contract and no additional payment shall be made. 9-30.5 Hydrants Section 9-30.5 is supplemented and revised with the following: (******) Fire hydrants shall conform to AWWA C502 and shall be of standard manufacture and of a pattern approved by the City of Renton. The name or mark of the manufacturer, size of the valve opening and year made shall be plainly cast in raised letters on the hydrant barrel to be visible after the hydrant is installed. Hydrants of the following manufacture and pattern have been approved by the City of Renton. Clow Medallion, M&H 929, Mueller Centurion Model A-423, Waterous Pacer, American Darling Model B-62B, Kennedy K81D Guardian, East Jordan WaterMaster 5CD250. 9-30.5(1) End Connections Section 9-30.5(1) is revised with the following: (******) Hydrant end connections shall be mechanical joint connection unless otherwise specified in the description of the bid of proposal. 9-30.5(2) Hydrant Dimensions Section 9-30.5(2) is replaced with the following: (******) Fire hydrants shall have a valve opening with minimum diameter of 5-1/4 inches, “O” ring stem seal, two 2-1/2 inches National Standard Thread (N.S.T.) hose nozzle connections, one 4-inches pumper port connection with City of Seattle standard threats and with a 4.875” Seattle thread x 5” Storz adapter attached with a 1/8” stainless steel cable. The shoe connection and hydrant connection inside pipe size and auxiliary gate valve shall be 6 inches, mechanical joint with lugs. The operating nut and port cap nuts are 1-1/4-inch pentagonal. Hydrant restraint system shall be two 3/4-inch diameter Cor-Ten steel shackle rods with a poured in place concrete thrust block behind the hydrant shoe. If a wedge restraint system is used in lieu of shackle rods, mechanical joint pipe shall be used. Hydrants shall be provided with a breakaway flange assembly and be equipped with breaking devices at the sidewalk. The hydrant curb stand section of the hydrant that is above ground including all exposed surfaces of the breakaway flange shall be painted with 2 field coats of paint Kelly-Moore Luxlite or approved equal in Safety Yellow color. Fire hydrants shall be installed per City of Renton Standard Details for fire hydrants, latest revisions. 9-30.6 Water Service Connections (2 Inches and Smaller) 05/06/2021 155 9-30.6(3) Service Pipes 9-30.6(3)B Polyethylene Pipe Section 9-30.6(3)B is revised to read as follows: (******) Polyethylene pipe shall not be used. 9-30.6(4) Service Fittings Section 9-30.6(4) has been revised with the following: (******) Fittings used for copper tubing shall be compression type with gripper ring. 9-30.6(5) Meter Setters Section 9-30.6(5) has been supplemented with the following: (******) Meter setters shall be installed per the City of Renton Standard Details for water meters, latest revision. 9-30.6(7) Meter Boxes Section 9-30.6(7) has been supplemented with the following: (******) Meter boxes shall be installed per the City of Renton Standard Details for water meters, latest revision. SECTION 10 10-01 MARKING PAINT REMOVAL The permittee will be required to remove utility locate marks on sidewalks only within the Downtown Core Area. The permittee shall remove the utility locate marks within 14 days of job completion. WSDOT AMENDMENTS The WSDOT Amendments are incorporated in their Entirety. The First 3 Pages are included as a Reference. See the WSDOT Construction Specifications Web Site for a Complete Copy (https://wsdot.wa.gov/publications/fulltext/projectdev/gspspdf/September2020UpdatePackage.pdf) Maplewood Creek PERMITS Washington State Hydraulic Project Approval (Maplewood Location #15, Madsen Location #18) Army Corps of Engineers Nationwide Permit PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton Surface Water Utility City of Renton Surface Water Utility ATTENTION: Joe Farah ATTENTION: Yasir Abduljaleel 1055 S Gardy Way, FI 5 1055 S Grady Way Renton, WA 98057 Renton, WA 98057-3232 Project Name:TRANSFER 16327 TRANSFER 7515- City of Renton Citywide Drainage Maintenance Project Description:TRANSFER from APP ID 16327 which was TRANSFERED from APP ID 7515 Maintain City owned storm water facilities including culverts, ditches, catch basins, pipes, and sediment basins. Typically the work includes clearing vegetation, debris, and accumulated sediment from facilities to restore flow capacity and prevent flooding. PROVISIONS 1. This Hydraulic Project Approval authorizes removal of accumulated sediment, small woody debris, and trash from pipe ends, culverts, and sedimentation ponds within the City of Renton. Additional work includes vegetation trimming and repositioning or relocation of large woody material. Work conducted under this approval is limited to maintenance at the sites listed in Exhibit B (Provision 4) submitted with the permit application. If the applicant cannot comply with the provisions of this HPA due to site-specific or other concerns, a separate written Hydraulic Project Approval may be sought from the local Habitat Biologist for the project. 2. This HPA does not authorize removal of large woody material (LWM), or beaver dam management/maintenance activities. LWM is defined as, tree or tree parts larger than four inches in diameter and longer than six feet or rootwads. 3. TIMING LIMITATION: You may begin the project immediately and you must complete the project by October 7, 2023; provided: work below the ordinary high water line (OHWL) shall occur only during the times specified by fish use. In fish bearing streams throughout the City of Renton work must occur only between July 1 and August 31 of a given year. In non-fish streams throughout the City of Renton work must occur only between June 15 to September 30 of a given year, or when no surface water is present at the work site. EXCEPTION: LWM repositioning or relocation may occur year-around. NOTE: Consult with the Washington Department of Fish and Wildlife Habitat Biologist if fish-use at a site is uncertain in order to confirm the proper timing window. 4. 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, "EXHIBIT A CITYWIDE DRAINAGE MAINTENANCE PROGRAM MAP"; "EXHIBIT B CITYWIDE DRAINAGE MAINTENANCE PROGRAM DRAINAGE FACILITIES LIST"; "EXHIBIT C CITYWIDE DRAINAGE MAINTENANCE PROGRAM ROUTINE MAINTENANCE TASKS"; and "EXHIBIT D CITYWIDE DRAINAGE MAINTENANCE PROGRAM SITE DIAGRAMS", except as modified by this Hydraulic Project Approval. You must have a copy of these plans and this HPA available on site during all phases of the project. Page 1 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 NOTIFICATION REQUIREMENTS 5. SEDIMENT POND NOTIFICATION: You, your agent, or contractor must contact the Washington Department of Fish and Wildlife Habitat Biologist, Larry Fisher by e-mail at larry.fisher@dfw.wa.gov at least three business days before starting work and within seven days after completing work at the Maplewood Creek and Madsen Creek sediment ponds. The notification must include the permittee's name, project location, starting/ending date, and the permit number. 6. INVASIVE SPECIES CONTROL: Follow Method 1 for low risk locations (i.e. clean/drain/dry). Thoroughly remove visible dirt and debris from all equipment and gear (including drive mechanisms, wheels, tires, tracks, buckets, and undercarriage) before arriving and leaving the job site to prevent the transport and introduction of invasive species. For contaminated or high risk sites please refer to the Method 2 Decontamination protocol. Properly dispose of any water and chemicals used to clean gear and equipment. You can find this and additional information in the Washington Department of Fish and Wildlife's "Invasive Species Management Protocols", available online at https://wdfw.wa.gov/species-habitats/invasive/prevention. 7. 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 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. REPORTING REQUIREMENTS 8. PHOTOGRAPHS: You, your agent, or contractor must take photographs of the job site before the work begins and after the work is completed. You must include pre and post maintenance photos in your annual report. 9. ANNUAL REPORT: The permittee shall submit a written annual report of the storm and surface water maintenance activities conducted under authority of this HPA by December 1 of each year, prior to subsequent maintenance efforts. The report shall include the name, address, and telephone number of the reporting agency and contact person; date of the report; reporting period; permit number for the HPA; site number for each site where maintenance occurred that year, and type of work conducted; and a description of any problems encountered, including HPA provision violations, corrective actions, and impacts to fish life or water quality resulting from the problems encountered. The report shall be uploaded online to the Aquatic Protection Permitting System (APPS) under Post Permit Requirements. STAGING, JOB SITE ACCESS, AND EQUIPMENT 10. Station and operate equipment used for this project landward of the OHWL, except where it is necessary for equipment to enter the Maplewood Creek and Madsen Creek sediment ponds. 11. Limit the trimming of native vegetation to the minimum amount needed to perform the maintenance activities. 12. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during the project but you must place them near the pre-project location before leaving the job site. 13. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. Page 2 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 14. When possible, use environmentally acceptable lubricants composed of biodegradable base oils such as vegetable oils, synthetic esters, and polyalkylene glycols in equipment operated in or near the water. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 15. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 16. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 17. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 18. Route construction water (wastewater) from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state. 19. 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. 20. 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 unless the material is approved by the Washington Department of Fish and Wildlife for reuse in the project. IN-WATER WORK AREA ISOLATION USING A TEMPORARY BYPASS 21. Isolate fish from the work area by using either a total or partial bypass to reroute the stream through a temporary channel or pipe. Install the temporary bypass before starting other construction work in the wetted perimeter. Use the least-impacting feasible method to temporarily bypass water from the work area. Consider the physical characteristics of the site and the anticipated volume of water flowing through the work area. Design the temporary bypass to minimize the length of the dewatered stream channel. During all phases of bypass installation and decommissioning, maintain flows downstream of the project site to ensure survival of all downstream fish. 22. Sequence the work to minimize the duration of dewatering. 23. If the diversion inlet is a gravity diversion that provides fish passage, place the diversion outlet where it facilitates gradual and safe reentry of fish into the stream channel. 24. If the bypass is a pumped diversion, once started it must run continuously until it is no longer necessary to bypass flows. This requires back-up pumps on-site and twenty-four-hour monitoring for overnight operation. If the diversion inlet is a pump diversion in a fish-bearing stream, the pump intake structure must have a fish screen installed, operated, and maintained in accordance with RCW 77.57.010 and 77.57.070. Screen the pump intake with one of the following: a) Perforated plate: 0.094 inch (maximum opening diameter); b) Profile bar: 0.069 inch (maximum width opening); or c) Woven wire: 0.087 inch (maximum opening in the narrow direction). The minimum open area for all types of fish screens is twenty-seven percent. The screened intake facility must have enough surface area to ensure that the velocity through the screen is less than 0.4 feet per second. Maintain fish screens to prevent injury or entrapment of fish. The fish screen must remain in place whenever water is withdrawn from the stream through the pump intake. Remove fish screens on dewatering pumps in the isolated work area only after all fish are safe and excluded from the work area. Isolate pump hose intakes with block nets so that fish cannot get near the intake. 25. Return diverted water to the channel immediately downstream of the work area. Dissipate flow energy from the diversion to prevent scour or erosion of the channel and bank Page 3 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 FISH LIFE REMOVAL 26. Provide fish passage during times of the year when fish are expected to migrate. 27. All persons participating in capture and removal must have training, knowledge, and skills in the safe handling of fish life. 28. If electrofishing is conducted, a person with electrofishing training must be on-site to conduct or direct all electrofishing activities 29. Place block nets upstream and downstream of the in-water work area before capturing and removing fish life. Install block nets at an angle to the direction of flow (not perpendicular to the flow) to avoid entrapping fish in the nets. After the first block net is secured at the upstream end, use a second block net to herd fish downstream and out of the project area. Install a downstream block net if fish may reenter the work area from downstream. To anchor block nets, place bags filled with clean round gravel along the bottom of the nets. Secure block nets along both banks and the channel bottom to prevent failure from debris accumulation, high flows, and/or flanking. To keep fish out of the job site, leave block nets in place until the work is complete and conditions are suitable for fish. Install a cofferdam or similar device at the upstream and downstream end of the bypass to prevent backwater from entering the work area. 30. During and immediately after the project, monitor upstream and downstream for stranded fish in isolated pools. Capture and safely move all stranded or isolated fish to the nearest free-flowing water. SEDIMENT REMOVAL 31. Work in the dry water-course (when no natural flow is occurring in the channel, or when flow is diverted around the job site). 32. Do not remove streambed sediment in fish spawning areas except to remove clumps of vegetation from the channel. For the purpose of this HPA, spawning areas are defined as portions of the streambed with rounded gravel deposits. 33. Accomplish dredging by starting at the upstream end of the job site boundary and working downstream. 34. Limit sediment removal to deepening the streambed. Gradually taper the ground line to meet the native stream bed to minimize potential head cutting and fish entrapment during low flows. Do not disturb the banks. 35. To avoid fish stranding, the bed must not contain pits, potholes, or large depressions upon completion of the dredging. 36. To minimize sediment delivery to the stream or stream channel, do not return in-stream flows to the work area until all in-channel work is completed and the bed and banks are stabilized. Return water flow slowly to the in-water work area to prevent the downstream release of sediment laden water. If necessary, install silt fencing above the bypass outlet to capture sediment during re-watering of the channel. LARGE WOODY MATERIAL 37. Place the wood directly back in the channel immediately downstream of the structure. 38. Do not drag large woody material. Suspend large woody material during placement or repositioning, so it does not Page 4 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 LOCATION #1:Site Name: A-1 SW 23rd St/E Valley Rd , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 30 23 N 05 E 47.459 -122.22263 King Location #1 Driving Directions LOCATION #2:Site Name: A-2 East Valley Road, north of SW 41st , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 damage the bed or banks. A yarding corridor or full suspension is required to protect riparian zone vegetation. Full suspension can be achieved with hand-operated or heavy equipment or aerial log yarding towers. 39. Do not cut large woody material. If you must cut large woody material so it can be suspended during relocation, contact the HB listed below to request authorization. 40. Do not disturb large woody material embedded in a bank or bed. 41. When repositioning or relocating large woody material, minimize releasing bedload, logs, or debris downstream. 42. Removal of large woody material (LWM) is not authorized by this HPA. LWM is defined as, tree or tree parts larger than four inches in diameter and longer than six feet or rootwads. DEMOBILIZATION AND CLEANUP 43. Seed areas disturbed by construction activities with a native seed mix suitable for the site that has at least one quick-establishing plant species. 44. Replace native riparian zone vegetation damaged or destroyed by maintenance activities with native trees and shrubs. Plant trees 10 feet on center, and shrubs five feet on center. 45. 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. 46. Remove temporary erosion and sediment control methods after job site is stabilized or within three months of project completion, whichever is sooner. Page 5 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Spring Brook Creek Black River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 30 23 N 05 E 47.44675 -122.21808 King Location #2 Driving Directions LOCATION #3:Site Name: A-3 Channel, east side of Sam's Club , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 20 23 N 05 E 47.4713 -122.2064 King Location #3 Driving Directions LOCATION #4:Site Name: A-5 Panther Creek Culvert, SE 192nd St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 22 N 05 E 47.43008 -122.1983 King Location #4 Driving Directions LOCATION #5:Site Name: A-6 Panther Creek Culvert, 108th Ave , , WA Page 6 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Panther Creek Spring Brook Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 22 N 05 E 47.4287 -122.1972 King Location #5 Driving Directions LOCATION #6:Site Name: A-4 Renton Village/ Rolling Hills , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 19 23 N 05 E 47.4686 -122.2126 King Location #6 Driving Directions LOCATION #7:Site Name: B-1 NE 43rd St and Lincoln Ave , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unnamed May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5147 -122.2057 King Location #7 Driving Directions LOCATION #8:Site Name: B-2 4652 Seahawks Way , , WA Page 7 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 LOCATION #8:Site Name: B-2 4652 Seahawks Way , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unnamed May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5348 -122.197 King Location #8 Driving Directions LOCATION #9:Site Name: B-3 Ripley Lane N , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unnamed May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5368 -122.1952 King Location #9 Driving Directions LOCATION #10: Site Name: B-4 Culvert, Channel Along SE 80th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unnamed May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5314 -122.1959 King Location #10 Driving Directions LOCATION #11: Site Name: B-5 4750 NE Lake Wash. Blvd. , , WA Page 8 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 Site Name: B-5 4750 NE Lake Wash. Blvd. , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unnamed May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 24 N 05 E 47.5342 -122.1959 King Location #11 Driving Directions LOCATION #12: Site Name: B-6 1842 NE 20th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5096 -122.1951 King Location #12 Driving Directions LOCATION #13: Site Name: B-7 Meadow Ave N and N 28th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 05 23 N 05 E 47.5166 -122.1998 King Location #13 Driving Directions LOCATION #14: Site Name: C-1 201 Taylor Ave S , , WA Page 9 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 Site Name: C-1 201 Taylor Ave S , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 18 23 N 05 E 47.4854 -122.2198 King Location #14 Driving Directions LOCATION #15: Site Name: D-1 Sediment Basin at Maplewood Golf Course , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Maplewood Creek (rb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 15 23 N 05 E 47.4746 -122.1636 King Location #15 Driving Directions LOCATION #16: Site Name: D-2 Culvert on Maple Valley Hwy, east of 161st Ave , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4631 -122.1239 King Location #16 Driving Directions LOCATION #17: Site Name: D-3 161st Ave SE, south of SE 156th St Page 10 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4621 -122.1257 King Location #17 Driving Directions LOCATION #18: Site Name: D-4 Sediment Basin at Madsen Creek , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Madson Creek (lb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 23 23 N 05 E 47.4627 -122.1423 King Location #18 Driving Directions LOCATION #19: Site Name: D-5 Ginger Creek Culvert at SE 160th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Unknown Stream Number Unknown 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 21 23 N 05 E 47.4613 -122.1783 King Location #19 Driving Directions LOCATION Page 11 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 #20:Site Name: D-6 Culvert at SE Petrovitsky Rd, Molasses Creek , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Molasses Creek (lb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 27 23 N 05 E 47.4462 -122.1642 King Location #20 Driving Directions LOCATION #21: Site Name: D-7 Maplewood Creek Outfall and Check Dam, NE 4th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Maplewood Creek (rb)Cedar River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 17 23 N 05 E 47.4884 -122.1962 King Location #21 Driving Directions LOCATION #22: Site Name: E-1 NE Sunset Blvd and Duvall Ave NE , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 04 23 N 05 E 47.505 -122.1665 King Location #22 Driving Directions Page 12 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 LOCATION #23: Site Name: E-2 Honey Creek Culvert along Hoquiam Ave NE , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 03 23 N 05 E 47.5051 -122.153 King Location #23 Driving Directions LOCATION #24: Site Name: F-1 Big Soos Creek Culvert about 11108 SE 168th St , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 29 23 N 05 E 47.4523 -122.1918 King Location #24 Driving Directions LOCATION #25: Site Name: F-2 Big Soos Creek Culvert at 116th Ave SE , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 28 23 N 05 E 47.4465 -122.1861 King Location #25 Driving Directions Page 13 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 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. LOCATION #26: Site Name: F-3 Big Soos Creek culvert at SE Petrovistky Rd , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 09 - Duwamish - Green Big Soos Creek Green River 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 28 23 N 05 E 47.4452 -122.1827 King Location #26 Driving Directions LOCATION #27: Site Name: E-3 Honey Creek Culvert under Union Ave NE , , WA WORK START:February 25, 2021 WORK END:October 7, 2023 WRIA Waterbody:Tributary to: 08 - Cedar - Sammamish Honey Creek May Creek 1/4 SEC:Section:Township:Range:Latitude:Longitude:County: 03 23 N 05 E 47.5041 -122.1645 King Location #27 Driving Directions Page 14 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 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. 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 Page 15 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 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. 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. Page 16 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 Habitat Biologist Larry.Fisher@dfw.wa.gov for Director WDFWLarry Fisher 425-449-6790 Page 17 of 17 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2021-4-143+01 FPA/Public Notice Number: N/A Application ID: 24401 Project End Date: October 07, 2023 Issued Date: February 25, 2021 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 Regulatory Branch July 8, 2019 Mr. Ron Straka City of Renton Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2007-688 Renton, City of (Maplewood Creek Sediment Basin) Dear Mr. Straka: We have reviewed your application to annually for up to 5 years, install a temporary diversion dam and flow splitter requiring 15 cubic yards of excavation, excavation of up to 1,200 cubic yards of accumulated sediment, and conduct minor maintenance activities such as moving boulders, woody debris and vegetation, and the placement of up to 15 cubic yards of downstream spawning gravel in the Maplewood Creek Sediment Basin near Renton, King County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance and NWP 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated February 1, 2018. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3 and 27, Terms and Conditions and the following special condition: a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Biological Evaluation (BE), dated June 7, 2012. The U.S. Army Corps of Engineers (Corps) made a determination of No Effect for National Marine Fisheries Service (NMFS) species, specifically Puget Sound Chinook and Puget Sound steelhead, as well as their critical habitat based on the BE and data provided by the Washington State Department of Fish and Wildlife’s Salmon Scape web tool. The U.S. Fish and Wildlife Service (USFWS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” for Bull Trout based on the BE on -2- November 28, 2018 (USFWS Reference Number 01EWFW00-2019-I-0071). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS is the appropriate authority to determine compliance with ESA. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. As part of our permit application review process, we notified Native American tribes that have an interest in this area. The Muckleshoot Tribe requested to receive copies of all Log and Rock Movement and Fish Passage monitoring reports. Based on our coordination, you agreed to provide copies of the monitoring reports to the Muckleshoot Tribe. Please submit the Log and Rock Movement and Fish Passage monitoring reports to Ms. Karen Walter of the Muckleshoot Tribe at Karen.walter@mucklshoot.nsn.us following completion of the authorized activity. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the -3- Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. These documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Branch, Permit Information” and then “Contact Us.” A copy of this letter with enclosures will be furnished to Mr. Ken Srilofung of the City of Renton at ksrilofung@rentonwa.gov. If you have any questions, please contact me at jenae.churchill@usace.army.mil or (206) 764-5527. Sincerely, Jenae Churchill, Project Manager Regulatory Branch Enclosures NATIONWIDE PERMIT 3 Terms and Conditions Effective Date: March 19, 2017 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401 Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction 2 sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 3 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP 4 activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word 5 “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity 6 has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 7 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee- responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer 8 before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 9 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity- specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will 10 request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is 11 large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse 12 environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or 13 for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified. 1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 14 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs: NWP 3 – Maintenance NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 38 – Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website): NWP 12 – Utility Line Activities (substations) NWP 13 – Bank Stabilization NWP 14 – Linear Transportation Projects NWP 23 – Approved Categorical Exclusions NWP 29 – Residential Developments NWP 39 – Commercial and Institutional Developments NWP 40 – Agricultural Activities NWP 41 – Reshaping Existing Drainage Ditches NWP 42 – Recreational Facilities NWP 43 – Stormwater and Wastewater Management Facilities 5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied 15 for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not 16 apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre- project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: none E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or 17 activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre-Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score ≥ 8 points. This State General Condition does not apply to the following Nationwide Permits: 18 NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State. (a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. (b) Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. 19 F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if: 1. The project or activities are below the Ordinary High Water Mark (OHWM) with new work being proposed outside the original footprint. 2. The proposed project or activity increases the original footprint of the structure by more than 1/10th acre in wetlands. 3. The project or activity includes adding a new structure, such as a weir, flap gate/tide gate, or culvert to the site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition: An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program “Certification of Consistency” form is required for projects located within a coastal county. “Certification of Consistency” forms are available on Ecology’s website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program (CZMP). Also, a map of the site location is required. 2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period, concurrence with the CZMP is presumed. General Conditions: For Federal Permittees (Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination, information, and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period, concurrence with the CZMP is presumed. NATIONWIDE PERMIT 27 Terms and Conditions Effective Date: March 19, 2017 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401 Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To be authorized by this NWP, the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that exists in the region. An ecological reference may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, rehabilitation, or re-establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as undersized culverts, fords, and grade control structures; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. 2 This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting. For those activities that do not require pre-construction notification, the permittee must submit to the district engineer a copy of: (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district 3 engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing any activity (see general condition 32), except for the following activities: (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible 5 inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” 6 provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out 7 appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district 8 engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee- responsible mitigation is the proposed option, the prospective permittee is responsible for submitting 9 a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 10 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity- specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as 11 possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); 12 (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or 13 other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method 14 may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified. 15 1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs: NWP 3 – Maintenance NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 38 – Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website): NWP 12 – Utility Line Activities (substations) NWP 13 – Bank Stabilization NWP 14 – Linear Transportation Projects NWP 23 – Approved Categorical Exclusions NWP 29 – Residential Developments NWP 39 – Commercial and Institutional Developments NWP 40 – Agricultural Activities NWP 41 – Reshaping Existing Drainage Ditches NWP 42 – Recreational Facilities NWP 43 – Stormwater and Wastewater Management Facilities 5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the 16 Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the 17 work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre- project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: 1. A pre-construction notification (PCN) must be submitted to the district engineer (see NWP general condition 32) for any proposed project located in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) 18 site, Resource Conservation and Recovery Act hazardous waste clean-up site, Washington State Department of Ecology compensatory mitigation site, or Washington State Model Toxics Control Act clean-up site. 2. For projects subject to PCN, if there is a loss of waters of the U.S., the project proponent must explain in the PCN why the loss is necessary and show how it would be fully offset by the beneficial elements of the project. 3. The PCN must contain a description of pre-project site conditions (including photographs), aquatic functions the site provides, and benefits anticipated from project construction. 4. The project proponent must include maintenance and monitoring plans with the PCN. 5. Restoration projects involving shellfish seeding must use shellfish native to the watershed. E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre-Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If 19 Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score ≥ 8 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. 20 (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State. (a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. (b) Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if: 1. The project or activity involves fill in tidal waters. 2. The project or activity affects ½ acre or more of wetlands. 3. The project or activity is a mitigation bank or an advanced mitigation site. The project or activity is in or adjoining a known contaminated or cleanup site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition: An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program “Certification of Consistency” form is required for projects located within a coastal county. “Certification of Consistency” forms are available on Ecology’s website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program (CZMP). Also, a map of the site location is required. 21 2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period, concurrence with the CZMP is presumed. General Conditions: For Federal Permittees (Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination, information, and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period, concurrence with the CZMP is presumed. CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: NWS- Name of Permittee: Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: __________________________________ Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: __________________________________ N/A Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Provide phone number/email for scheduling site visits (must have legal authority to grant property access). Printed Name: ____________________________________________________________________ Phone Number: __________________________ Email: ___________________________________ Printed Name: Signature: Date: Madsen Creek PERMITS Washington State Hydraulic Project Approval See HPA Permit in Maplewood Creek Permit Section (Maplewood Location #15, Madsen Location #18) Army Corps of Engineers Nationwide Permit DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 Regulatory Branch May 7, 2019 Mr. Ron Straka City of Renton Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2009-481 Renton, City of (Madsen Creek Sediment Basin) Dear Mr. Straka: We have reviewed your application to discharge up to 2 cubic yards of fill to create a temporary diversion dam, in the Madsen Creek near Renton, King County, Washington. Additional work would include the remove up to 1,000 cubic yards of accumulated sediments in the basin by excavation, and conduct minor maintenance activities such as moving boulders, woody debris, and vegetation in the Madsen Creek sediment Basin. This work is authorized to be conducted annually for up to 5 years. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated February 1, 2018. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3, Terms and Conditions and the following special conditions: a.In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 1 through August 31 in any year this permit is valid. You shall not conduct work authorized by this permit from September 1 through June 30 in any year this permit is valid. b. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Abbreviated Biological Evaluation (BE) dated June 7, 2012, in its entirety. The National Marine Fisheries Service (NMFS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” based on this document and a statement from WDFW, on March 14, 2019 (NMFS Reference Number WCR- -2- 2019-10902). The U.S. Fish and Wildlife Service (USFWS) provided the enclosed LOC with a finding of “may affect, not likely to adversely affect” based on this document on November 28, 2018 (USFWS Reference Number 01EWFW00-2019-I-0070). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. c.Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to -3- complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. These documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Branch, Permit Information” and then “Contact Us.” A copy of this letter with enclosures will be furnished to Mr. Jim Shannon of Hart Crowser, Inc., 3131 Elliott Avenue #600, Seattle, Washington, 98121. If you have any questions, please contact me at jenae.churchill@usace.army.mil or (206) 764-5527. Sincerely, Jenae Churchill, Project Manager Regulatory Branch Enclosures MAPLEWOOD CREEK BASIN 1999 CLEANING MEMO AND CURRENT PHOTOS CITYOFRENTONMEMORANDUMDATE:October7,1999TO:MaplewoodSedimentBasinFileFROM:DanielCareySUBJECT:MaplewoodCreekSedimentBasinCleaningNotesandObservationsThesedimentbasinwascleanedbetween9/20/99and9/29/99.Thefollowingnotesandattachedfiguresandphotosareforfuturereferencewhenthebasinneedscleaningagain.TimeNeeded9/20MondayMobilizedtosite-4to6hrs9/21TuesdaySetup,organize,trytobuildfirstbypassdam(notsuccessful)-8hr9/22WednesdayBuildbypassdam-2to4hr(withmaterialfrompreviousday).DrainbasinandRescuefish-4to5hrs.9/23ThursdayStartremovingsediment,stockpiletodewater-8hrs9/24FridayRemovingsediment,haultodisposeongolfcourse-8hrs9/25SaturdayRemovingsediment,haultodisposeongolfcourse-8hrs9/27MondayFinishremovingsediment,placerocksinuppercreek,startrefillingbasinovernight-8hrs9/28TuesdayPlacerocksinuppercreek,removebypassdam,drainandclosebypasspipe,generalraking.-8hrs9/29WednesdayGeneralcleanupanddemobilize-8hrs(est.)Cleaningtakesabout2weeks.Allowmoretimeforthesiltysedimenttodryout. CostBecausewetheproposedlumpsumpricesfromthefishchannelcontractor(wealreadyhadacontractwith)seemedtoohighwedecidedtouseT&Mforthework.Itcostabout$3,200perday(fullworkingday,excavator,loader,dumptruck,including8.6%tax).Disposalcostwasminimalbecausethegolfcoursetookallthematerialforlandscapingandfuturecourserevisions.Thecostforhaulingoffsitewasestimatedat$10percyforthetruckanddriver,plus$4percyfordrysoilor$8percyforwetsoil.ThematerialcouldhavegonetoasoilsitenearCedarHillslandfill,abouta21/2hourroundtrip.ObservationsandLessonsLearnedMcCartyTroutPondBesuretheadjacentpropertyownerwiththefishpond(CaseyMcCarty)isnotifiedatleastoneweekbeforetheworkstarts.Hewillhavetogetapumpandplaceitinthecreekadjacenthispropertytokeephisfishpondfulloffreshwater.Besurehisinletvalve(inthesedimentbasin)isclosedbeforestartingtodewaterthebasin.Opentheoldbypassvalveonthegolfcourse(atthesoutheastcornerofthepumpshack,thekeyforthevalveisinthepumpshack).WhenthatvalveiscloseditallowsMcCartytobackupwaterinthepipeintohispond.Whenthevalveisopenitallowswaterfromthepipe(andsedimentbasin)todrainintotheoldcreekbed.BypassDamBuildthebypasstightattheconcreteinlet.Firstplacesandbagsacrossbottomofcreektoconformtobottomandhelpformaseal.Thenplacemediabags(fabricbagsfilledwithgravel/sand,about3ftsquare)ontopofthesandbags.Placeplasticmembrane(onelargesheet)ontopofmediabagsandextendingupstreamabout15feetoutfrombags.Themembraneisplacedabout15feetupstreamofthedamtohelpsealthebottomandreducewaterbypassunderthedam.Theplasticmembraneshouldbedirectedintothebypassstructure.Usesandbagsontopofthemembraneandonthesidestosealit.Needsandbagsalongtheupstreamedgetohelpsealit.Digasumpdownstreamofthebypassdam(about5to8feet)andplaceasubmersiblepumpinit.Pumpanyseepagethatgetspastthedambackupstream.Bereadytorescuefishinthecreekimmediatelyafterthebypassdamisplaced.H:\FiIeSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjects(CIP)\27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-cleaning-Memopics\1999CIeanngMemo-Notes.DQC\DWC\tb DewateringBasinStartearlyintheday!Usethe8-inchvalveintheoverflowweirandfishweirtoinitiallydrawthebasindown.Slowlylettheflowouttominimizethesedimentstirredup.WhentheoldvalveatthegolfcourseshackisopenedtheMcCartyinletcanalsobeusedtodrawdownthewaterlevel.Afterthewaterlevelisbelowthevalveinvertuseaportablepumptoremovewaterfromthebottomofthebasin.Flowfromthe8-inchunderdrainpipeisslowanddidn’tseemsufficienttodewaterthesediment.FishRescueAllowtheentiredaytodrawtheponddownandrescuefish.Thefishneedtoberescuedassoonaspossible.Whenthewaterlevelislowitmaygettoohotoroxygendepletedtoallowthemtosurviveformorethanafewhours.Drawthewaterleveldownsothereisonlyasmallpondarea,thennetthefishinthepond(on9/22/99wecapturedabout40to60fishfromthepond).TheWDFWelectroshockerdidn’tseemtoworktoowell.Weturnedituptohigherlevelthanshownontheinstructions.Somefishwereshockedandbeachedthemselves,makingcaptureeasy.Wadingwiththeshockerstirredupthesiltandmadeithardtooseeanyshockedfish.Whenthewaterlevelwaslow(4to8inches)itwaspossibletolayontheoverflowweirandreachdowntonetfish.Thisworkedalittlebetterthanelectroshocking.WhentheMcCartyinletisusedtodrainthepondonepersonshouldbeatittonetfish.Alargenumberofsmallerfish(1to2inch)werecapturedthere.Someoftherescuedfishwereplacedinthetopcellofthefishladder,somewereplacedinthebottomcellorpoolattheoutlet.Recommendation-Makealargenet(say1.5’highby3’to4wide)soit’seasiertoscoopandcapturefish.Thenetwillhavetobemadebeforetheprojectbegins.Youcouldalsotrytouseanareanetcastonthebottom,herdthefishtothatside,thendrawitupandcapturethem.SiltySoilatSouthEndofBasinCleanthebasinbeforemorethan1footofsiltaccumulatesatthesouthend.Thesiltysoilatthesouthendneedstimetodewater.Allow3to4daysinthehotsunafterthebasinisemptied.Itmayalsohelptostackthesiltymaterialinthebasinandletitcontinuetodewaterbeforefinallyhaulingawayfordisposal.H:\FileSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjectsfCIP)’27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-Cleaning-MemoPics\1999CleaningMemo-Notes.DOC\DWC\tb SedimentRemovalFirstthetrackhoeworkedatthenorthendofthebasinonthestablegranularsediment.Itscrapedtheupperchannel,thenmovedontothedeltaatthenorthendofthebasin.Itwasabletositonthedelta,scrapethegranularsoiltowardit,andformalargestockpilethatwoulddewater.Afrontendloaderwasusedtomovegranularsoilstockpiledatthenorthendtoastockpileintheupperparkinglot.The1footgranularlayerabovethelinerfelthardwhenencountered,andwasstableforthetrackhoetodriveon.Itwaseasyfortheoperatortodetectwhenhehadexcavatedthroughthesedimentandreachedthegranularlayer.Theoperatorstockpiledsomesiltymaterialonthegranularsoilandletitdewaterovernight,Itlostsomewaterandseemeddrierandeasiertoworkthenextday.Recommend-Allowthesiltysoil2daystodryinplace,thenpileitinstockpilesinthebasinsoitcandewaterfurther.RefillingtheBasinIttookabout12to16hourstocompletelyrefillthebasinatabout1/2theflow.The8-inchvalveinthefishweirwasopenedabout¼ofthewayandthewaterlevelinthefishweirandbasinwasallowedtostabilizeovernight.Thatplacedthewaterlevelinthepondatabout4inchesbelowthefishweir.Nextthebypassdamwasremovedandallthecreekflowwentintothesedimentbasin.The8-inchvalveintheoverflowspillwaywasopenedtokeepaboutY2thetotalflowtothefishchannelonthegolfcourse(itshouldNOTbedriedup).Thewaterlevelinthepondwasallowedtorisetojustbelowthefishweir.Thewaterlevelintheuppercellinthefishladderneededtobedrawdowntodrainthe18-inchbypasspipe,andavoidtrappinganyfishthatmayhaveswumintoit.The18-inchvalveonthesouthwestsideofthefishladderwasopenedtodrawdownthewaterintheuppercell,thebypasspipevalvewasclosed,thenthe18-inchfishladdervalvewasclosed.The8-inchvalveinthefishweirwasopenedtorefilltheuppercellfromthesedimentbasin.Theuppercelltookabout1hourtofill.Thewaterlevelinthepondtookaboutanotherhourtoreachthetopofthefishweirandbeginflowingintothefishladder.Afterflowhadreestablisheditselfintheentirefishladderthe8-inchvalveintheoverflowweirwasclosedandthesedimentbasinresumednormaloperation.Note-The8-and18-inchvalveshadasmallflowofwatergoingthroughthemaftertheywereclosed.After2or3daysmostoftheflowstopped.Note-The8-inchcanalgateintheoverflowweirwashardtoclose.Theslidinggatevalveseemedtobeoffcenterandscrapingalongoneside.Withtoomuchforcethevalvestembendsandmayeventuallybreak.Useahammertotapthehighsideofthegatedownandthevalveshouldslideeasily.H:\FiIeSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjects(CIP)\27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-Cleaning-MemoPics\1999CleaningMemo-Notes.DOC\DWC\tb 9122199BypassDamLookingNorthBypassDamSideviewJustafterinstallingBypassDamPlasticandsandbagsupstreamtoreduceflowunderdam 9122/99BypassDamPumpinsumpdownstreamofdamtocatchanyflowgettingpastdamFishinsedimentbasinFishrescuedoutofbasin 9123199TrackhoeworkingoncoarsesedimentsatnorthendofbasinSiltysedimentsatSouthendofbasinAbout2feetofsiltysedimentatSouthendofbasin.Gravellayerbelowsilt.z4f4\,•.•.3•.-‘••‘-.L••j¶4.-S..-S.,-d-.__:-- Basinabout112cleaned,sedimentpiledforloadingI.•‘.l____•-cINorthendatrockweirs9123199Cleaningatnorthendofbasin 9127199Basinwithsedimentremoved9128199FlowintonewlycleanedbasinNorthend,rockweirsofnewlycleanedbasin FromOverflowSpillwaylookingNorthMaplewoodCreekSedimentBasin2016ExistingConditionsFromNorthendlookingSouthOverflowSpiliwayFromwestlookingeastatOverflowSpiliway,southendofbasin 2016ErosionareaonwestbankMcCartyValveandStandpipeC..u:..-----‘——..-.‘-..08.23.2013 Maplewood Creek Sediment Basin 2021 Existing Conditions Overflow Spillway From north looking south From Overflow Spillway looking north Madsen Creek Basin 2008 Cleaning and Current Photos MadsenSedimentBasin2008CleaningTemporaryBypassDamLookingsouthwestSecondDamandPumptocollectflowgettingpastfirstdamTemporaryDamand24-inchbypasspipeinletLookingnortheast FishrescueandpumpatnorthendofbasinLookingNorthSedimentbasinbeforecleaning-LookingSouthwestSedimentbasin,backhoeatsouthendstartingtoremovesediment MadsenSedimentBasinaftercleaning.Southend.LookingsouthwestBasinaftercleaning.middle.LookingnorthwestBasinaftercleaning.Northend.Lookingnorth Madsen Creek Sediment Basin 2021 Existing Conditions From north looking south From south looking north west REFERENCE PLANS Maplewood Creek Basin 1996 Sediment Basin Design Plans, Flow Splitter Plans (Partial Set) CONSTRUCTION PLANS 11 x 17 Plans included in Scan for Bid Advertisement