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HomeMy WebLinkAboutContractAward Date: CAG-23-048 Awarded to: City of Renton Thunder Hills Sewer Interceptor Rehabilitation PROJECT NO. WWP-27-03921 BIDDING DOCUMENTS Volume 1 of 2 City of Renton 1055 South Grady Way Renton, WA 98057 Project Manager: Jesse Newman (425)757-7778 jnewman@rentonwa.gov Bidding Requirements, City of Renton Forms, Contract Forms, Conditions of the Contract, Plans and Specifications LASER UNDERGROUND 5/15/2023 20417 87th Ave SE Snohomish WA 98296 Page left intentionally blank CITY OF RENTON RENTON, WASHINGTON CONTRACT DOCUMENTS for the Thunder Hills Sewer Interceptor Rehabilitation PROJECT NO. WWP-27-03921 May 2023 BIDDING REQUIREMENTS CONTRACT FORMS CONDITIONS OF THE CONTRACT SPECIFICATIONS PLANS VOLUME 1 OF 2 Page left intentionally blank Project Name Project Address 1411 Grant Ave S, Renton, WA 98055 Project Reference WWP-27-03921 General Contractor Laser Underground & Earthworks, Inc. Responsible Officer Will Dannenberg Address 20417 87th AVE SE E-mail Address will@laserug.com Snohomish, WA 98296 Cell Phone 425-232-1922 Bonding Agent Justin Price Address 601 Union Street, Suite 3400 E-mail Address justin.price@propelinsurance.com Seattle, WA 98101 Cell Phone 206-678-5091 Project Manager Anne Rasmussen E-mail Address anne@laserug.com Cell Phone 360-453-3502 Superintendent Derick Wells E-mail Address derick@laserug.com Cell Phone 206-334-8677 Site Foreman Mike Sawyer E-mail Address michael@laserug.com Cell Phone 425-330-8972 TCS Chasity Dufour E-mail Address N/A Cell Phone 253-263-4730 TESC Lead Janice Dannenberg E-mail Address janice@laserug.com Cell Phone 214-636-6261 20417 87th Ave SE - Snohomish, WA 98296 Office: 360-453-3502 24 HOUR PROJECT CONTACT LIST CONTACTS 24 HOUR CONTACT LIST Thunder Hills Sewer Interceptor Rehabilitation LASER UNDERGROUND & EARTHWORKS, INC. Page left intentionally blank 0B_CONT 3921\ Thunder Hills Sewer Interceptor Rehabilitation WWP-27-03921 CONTRACT DOCUMENT TABLE OF CONTENTS Volume I 1. Summary of Fair Practices Policy 2. Summary of Americans with Disability Act Policy 3. Scope of Work 4. Vicinity Map 5. Instructions to Bidders 6. Call for Bids 7. *Proposal & Combined Affidavit & Certificate Form: Non-Collusion Anti-Trust Claims Minimum Wage Form 8. *Department of Labor and Industries Certificate of Registration 9. *Bid Bond Form 10. *Schedule of Prices 11. *Acknowledgement of Receipt of Addenda 12. *Certificate of Compliance with Wage Payment Statutes 13. *Subcontractors List 14. ❖Contract Bond to the City of Renton 15. ❖ Fair Practices Policy Affidavit of Compliance 16. ❖ Contract Agreement (Contracts other than Federal - Aid FHWA) 17. ❖Retainage Selection 18. City of Renton Insurance Requirements 19. Washington State Prevailing Minimum Hourly Wage Rates 20. City of Renton Certification of Payment of Prevailing Wages 21. City of Renton Special Provisions 22. Appendices A. Washington State Department of Fish and Wildlife Hydraulic Permit Appoval #2019-4-426+01 B. Army Corps of Engineers NWS-2019-144, NWP14, NWP58 C. Administrative Order and Construction Stormwater General Permit D. Puget Sound Energy Permit for Limited Use of Operating Property E. Department of Ecology Water Quality Certificate F. Bank Use Plan G. King County Construction Dewatering Form Volume II 23. 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. Documents not properly executed may result in a rejected bid. 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 (at the latest) 0B_CONT 3921\ Page left intentionally blank 01_Summary of Fair Practice Policy01_Summary of Fair Practice Policy 01_Summary of Fair Practices Policy 02_Summary of Americans with Disability Act Policy 03_Scope of Work\ CITY OF RENTON Thunder Hills Sewer Interceptor Rehabilitation WWP-27-03921 SCOPE OF WORK The work involved for this project takes place in a ravine adjacent to Thunder Hills Creek and therefore must conform to the requirements of permits issued by the Army Corps of Engineers, Washington State Fish & Wildlife and Washington State Department of Ecology. As regulated by these permits, the Construction Window for work within the wetted perimeter or ordinary high-water level (as shown on the construction plans) is from July 1 through September 30. 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: • Site clearing including vegetation removal and the removal of approximately 40 trees to be reused as part of regulatory agency requirements. • Installation of approximately 1,470 linear feet of 12-inch HDPE (High Density Polyethylene) sewer main. • Installation of approximately 10 sewer manholes along with reconnection of existing sewers to these manholes. • Installation of approximately 800 linear feet of 10-inch CIPP (Cured-in-Place-Pipe) and 600 linear feet of 12-inch CIPP in existing sewer main. • CCTV (Closed Circuit Television Video) inspection of new sewer main and CIPP installation. • Installation of approximately 8,000 square feet of Rockery Walls ranging in height from 4-feet to 10-feet. • Reconstruction of an existing gravel maintenance road approximately 2,800 feet in length and ranging from 7-feet to 12-feet in width. • Installation of regulatory agency required plantings, boulders and large woody debris. • Installing and maintaining adequate TESC (Temporary Erosion and Sediment Control) measures and restoring all disturbed areas. The estimated project cost is $1,700,000 – $2,200,000 A total of 180 working days is allowed for completion of the project. Substantial Completion for this project must occur before February 7th, 2024. Work within the Ordinary High-Water Mark (OHWM) area, best shown on plans W-2 through W2.6, must be completed between June ,1st, 2023 and September 30th., 2023. For Bid Item Payment 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. The City reserves the right to reject any and all bids. VICINITY MAP PROJECT LOCATION NTS 4-THUNDER HILLS VICINITY MAP CAG-23-048 CITY OF RENTON CALL FOR BIDS Thunder Hills Sewer Interceptor Rehabilitation WWP-27-03921 Sealed bids will be received until 2:00 p.m., Thursday, April 13th, 2023, at the lobby of Renton City Hall, 1055 South Grady Way, Renton WA 98057. Sealed bids will be opened and publicly read via the Zoom video-conferencing web application at 3:00 p.m., Thursday, April 13th, 2023 (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/83103759284?pwd=eFpodHZpS0VGRlRXckZYUzhjSHRIdz09 • Using the Zoom app: Meeting ID: 831 0375 9284; Passcode: 770745; • Via telephone by dialing: 253-215-8782, 83103759284#,,,,,,0#,,,, 770745# • Zoom is free to use and is available at https://zoom.us/. The work to be performed within 180 working days from the date of commencement under this contract shall include, but not be limited to: • Site clearing including vegetation removal and the removal of approximately 40 trees to be reused as part of regulatory agency requirements. • Installation of approximately 1,470 linear feet of 12-inch HDPE (High Density Polyethylene) sewer main. • Installation of approximately 10 sewer manholes along with reconnection of existing sewers to these manholes. • Installation of approximately 800 linear feet of 10-inch CIPP (Cured-in-Place-Pipe) and 600 linear feet of 12-inch CIPP in existing sewer main. • CCTV (Closed Circuit Television Video) inspection of new sewer main and CIPP installation. • Installation of approximately 8,000 square feet of Rockery Walls ranging in height from 4 -feet to 10-feet. • Reconstruction of an existing gravel maintenance road approximately 2,800 feet in length and ranging from 7-feet to 12-feet in width. • Installation of regulatory agency required plantings, boulders and large woody debris. • Installing and maintaining adequate TESC (Temporary Erosion and Sediment Control) measures and restoring all disturbed areas. Substantial Completion for this project must occur before February 7th, 2024. Work within the Ordinary High-Water Mark (OHWM) area, best shown on plans W-2 through W2.6, must be completed between July ,1st, 2023 and September 30th., 2023. 05_CALL FOR BIDS_3921\ 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 on 3/29/2023. Plans, specifications, addenda, and the plan holders list for this project are available online through Builders Exchange of Washington, Inc., at http://www.bxwa.com. Click on “bxwa.com”; “Posted Projects”, “Public Works”, “City of Renton”, “Projects 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 “Calls for Bids”. Should you require 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. The City of Renton in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federal ly- Assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. Women and Minority Business Enterprises (WMBE) are encouraged to bid. Questions about the project shall be addressed to: Jesse Newman, Public Works Department, at 425-757-7778 or jnewman@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, CMC, City Clerk Published: Daily Journal of Commerce March 29th, 2023 Daily Journal of Commerce April 5th, 2023 THUNDER HILLS SEWER INTERCEPTOR REHABILITATION WWP-27-03921 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 a Zoom video-conferencing 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. 2. Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Engineer. Written addenda to clarify questions that arise may then be issued. If a bidder has any questions regarding the project, the bidder may: Submit questions via email to jnewman@rentonwa.gov. The bidder shall include "Bid Question – Thunder Hills Sewer Interceptor Rehabilitation” 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. Substantial Completion for this project must occur before February 7th, 2024. Work within the Ordinary High-Water Mark (OHWM) area, best shown on plans W-2 through W2.6, must be completed between July 1st, 2023 and September 30th., 2023. 4. 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 City reserves the right to add or to eliminate portions of that work as deemed necessary. 5. Plans, specifications, addenda, and 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”, “Projects 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.” Bidders shall satisfy themselves as to the local conditions by inspection of the site. 6. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. 7. 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. 8. 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. 06_Instructions to Bidder 3921 Revised: March 2023 9. 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. 10. 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. 11. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 12. Payment for this work will be made in Cash Warrants. 13. 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”. 14. The Contractor, prior to the start of construction, shall provide the City of Renton a detailed Gantt chart type construction schedule for the project. 15. 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 to the jobsite and potentially exposing City of Renton Employees. 16. Payment of retainage shall be done in accordance with Section 1-09.9(1) "Retainage”. 17. 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. 18. 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 therefore 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. 19. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction Lower Tier Covered Transactions i. The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 06_Instructions to Bidder 3921 Revised: March 2023 ii. Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. 20. 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 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. 21. 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. 22. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications (defined below) except as may be exempted or modified by the City of Renton Special Provisions, and 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. Specifications shall follow the hierarchy shown in special provision 1-04.2. WSDOT/APWA "2023 standard Specifications for Road, Bridge and Municipal Construction" and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." 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. All references to measurement and payment in the WSDOT/APWA standards shall be deleted and the measurement and payment provisions of Section 1-09.14, Measurement and Payment (added herein) shall govern. 23. A geotechnical engineering evaluation report has been completed based on subsurface explorations in the project area and is available for information purposes only. A copy may be obtained on-line through Builders Echange of Washington, Inc., at http://www.bxwa.com. Click on “bxwa.com”; “Posted Projects”, “Public Works”, “City of Renton”, “Projects Bidding”. The Bidders shall familiarize themselves with the project site and existing subsurface conditions as needed to submit their bid. Upon approval of the City and the acquisition of any required permits, 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. Armando Pavone Mayor AGREEMENT CONTRACT NO. CAG-23-048 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 Laser Underground & Earthworks Inc., 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 2023 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 Thunder Hills Sewer Interceptor Rehabilitation, WWP-27-03921, 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 $2,052,252.99, 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. Substantial Completion for this project must occur by February 7th, 2024. Work within the Ordinary High-Water Mark (OHWM) area, best shown on plans W-2 through W2.6, must be completed between July 1st, 2023 and September 30th., 2023. 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. The Department of Commerce and the State of Washington are not liable for claims or damages arising from the Contractor’s performance of the Work or any subcontractor’s performance of the Work. DocuSign Envelope ID: 624A5AAC-F536-4AB2-99E1-97943065E4E8 CAG-23-048 Thunder Hills Sewer Interceptor Rehabilitation WWP-27-03921 CAG-23-048 Contract Template Updated 12/29/2017 16_Formal Bid Contract 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. 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: Laser Underground & Earthworks, Inc. City of Renton (Jesse Newman) 20417 87th Ave SE 1055 South Grady Way Snohomish, WA 98296 Renton, WA 98057 425-232-1922 425-757-7778 will@laserug.com jnewman@rentonwa.gov 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 fi rm 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. DocuSign Envelope ID: 624A5AAC-F536-4AB2-99E1-97943065E4E8 6/2/2023 Insurance Guidelines for the City of Renton The City of Renton 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. 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. $2,000,000 Cyber Liability Insurance. Required for information technology professional services agreements. Limits may be higher for special liability exposures. 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. Additional 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. This requirement applies to Commercial General, Auto Liability, Excess/ Umbrella, Special Event, and Aircraft Liability policies; it does not apply to Professional Liability, Compensation, nor Cyber Insurance. 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: [your & department] 1055 South Grady Way Renton, WA 98057 Direct any questions, comments, or concerns to: Kelsey Urban, Risk Manager 425-430-7669 kurban@rentonwa.gov Revised 10/26/21 18 City of Renton Insurance Requirements\ PREVAILING MINIMUM HOURLY WAGE RATES 19_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://secure.lni.wa.gov/wagelookup/. 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 April 20th, 2023. 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 State of Washington “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid – Public Works Contract” may be filed on line with the Department of Labor and Industries. 21 City of Renton Certification of Payment of Prevailing Wages \ CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: ______________ Ref: Pay Estimate No. __ Project Thunder Hill Sewer Interceptor Rehabilitation, WWP-27-03921 CAG No. 23-048 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 Washington 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: SPECIAL PROVISIONS 1 Table of Contents SPECIAL PROVISIONS ............................................................................................................ 13 1-01 DEFINITIONS AND TERMS ............................................................................................ 13 1-01.1 General .......................................................................................................................... 13 1-01.3 Definitions ..................................................................................................................... 13 1-02 BID PROCEDURES AND CONDITIONS ............................................................................ 16 1-02.1 Prequalification of Bidders ........................................................................................... 16 1-02.2 Plans and Specifications ............................................................................................... 16 1-02.4(2) Subsurface Information ............................................................................................ 16 1-02.5 Proposal Forms ............................................................................................................. 16 1-02.6 Preparation of Proposal ................................................................................................ 17 1-02.6(1) Proprietary Information ........................................................................................... 17 1-02.7 Bid Deposit .................................................................................................................... 17 1-02.9 Delivery of Proposal ...................................................................................................... 18 1-02.12 Public Opening of Proposals ....................................................................................... 18 1-02.13 Irregular Proposals……………………………………………………………………………...17 1-02.14 Disqualification of Bidders .......................................................................................... 18 1-02.15 Pre Award Information ............................................................................................... 19 1-03 AWARD AND EXECUTION OF CONTRACT ...................................................................... 19 1-03.1 Consideration of bids .................................................................................................... 19 1-03.2 Award of Contract ........................................................................................................ 19 1-03.3 Execution of Contract ................................................................................................... 19 1-03.4 Contract Bond ............................................................................................................... 20 1-03.7 Judicial Review .............................................................................................................. 20 1-04 SCOPE OF WORK ......................................................................................................... 21 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda .................................................................................................................................... 21 1-04.8 Progress Estimates and Payments ................................................................................ 21 1-04.11 Final Cleanup .............................................................................................................. 21 1-04.12 Contractor-Discovered Discrepancies ......................................................................... 21 1-05 CONTROL OF WORK .................................................................................................... 22 1-05.4 Conformity With and Deviation from Plans and Stakes ............................................... 22 1-05.4(1) Contractor Supplied Surveying ................................................................................. 23 2 1-05.4(2) Contractor Provided As-Built Information ................................................................ 23 1-05.7 Removal of Defective and/or Unauthorized Work ........................................................ 24 1-05.10 Guarantees ................................................................................................................. 24 1-05.11 Final Inspection ........................................................................................................... 25 1-05.11(1) Substantial Completion Date.................................................................................. 25 1-05.11(2) Final Inspection and Physical Completion Date ..................................................... 25 1-05.11(3) Operational Testing ................................................................................................ 26 1-05.12 Final Acceptance ......................................................................................................... 26 1-05.13 Superintendents, Labor and Equipment of Contractor ............................................... 26 1-05.14 Cooperation with Other Contractors .......................................................................... 27 1-05.16 Water and Power ........................................................................................................ 27 1-05.17 Oral Agreements ......................................................................................................... 27 1-05.18 Contractor's Daily Diary .............................................................................................. 27 1-06 CONTROL OF MATERIAL .............................................................................................. 28 1-06.1 Approval of Materials Prior to Use ............................................................................... 28 1-06.2(1) Samples and Tests for Acceptance........................................................................... 28 1-06.2(2) Statistical Evaluation of Materials for Acceptance .................................................. 29 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ............................................ 29 1-07.1 Laws to be Observed ..................................................................................................... 29 1-07.6 Permits and Licenses ..................................................................................................... 30 1-07.9 Wages ........................................................................................................................... 31 1-07.9(5) Required Documents ................................................................................................ 31 1-07.11 Requirements for Non-Discrimination ........................................................................ 31 1-07.11(11) City of Renton Affidavit of Compliance ................................................................ 31 1-07.12 Federal Agency Inspection .......................................................................................... 31 1-07.13 Contractor’s Responsibility for Work .......................................................................... 32 1-07.13(1) General ................................................................................................................... 32 1-07.15 Temporary Water Pollution Prevention ...................................................................... 32 1-07.16 Protection and Restoration of Property ...................................................................... 34 1-07.16(1) Private/Public Property .......................................................................................... 34 1-07.17 Utilities and Similar Facilities ...................................................................................... 35 1-07.17(3) Site Specific Potholing ............................................................................................ 36 1-07.17(4) Interruption of Services .......................................................................................... 37 3 1-07.17(5) Resolution of Utility Conflicts ................................................................................. 37 1-07.18 Public Liability and Property Damage Insurance ........................................................ 37 1-07.18(1) General ................................................................................................................... 37 1-07.18(2) Coverages ............................................................................................................... 38 1-07.18(3) Limits ...................................................................................................................... 39 1-07.18(4) Evidence of Insurance: ............................................................................................ 40 1-07.22 Use of Explosives ........................................................................................................ 40 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 .......................................................... 42 1-07.24 Rights-of-Way ............................................................................................................. 42 1-07.28 Confined Space Entry .................................................................................................. 43 1-08 PROSECUTION AND PROGRESS .................................................................................... 43 1-08.0 Preliminary Matters ...................................................................................................... 43 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 ................. 45 1-08.1 Subcontracting .............................................................................................................. 45 1-08.2 Assignment ................................................................................................................... 46 1-08.3 Progress Schedule ......................................................................................................... 46 1-08.4 Prosecution of the Work ............................................................................................... 47 1-08.5 Time For Completion..................................................................................................... 47 1-08.6 Suspension of Work ...................................................................................................... 49 1-08.7 Maintenance During Suspension .................................................................................. 49 1-08.9 Liquidated Damages ..................................................................................................... 49 1-08.11 Contractor's Plant and Equipment .............................................................................. 49 1-08.12 Attention to Work ....................................................................................................... 50 1-09 MEASUREMENT AND PAYMENT ................................................................................... 50 1-09.1 Measurement of Quantities.......................................................................................... 50 1-09.3 Scope of Payment ......................................................................................................... 51 1-09.6 Force Account ............................................................................................................... 51 1-09.7 Mobilization .................................................................................................................. 52 1-09.9 Payments ...................................................................................................................... 52 4 1-09.9(1) Retainage ................................................................................................................. 53 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.................................................................................................... 55 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 ......................................................................... 56 1-09.14 Payment Schedule ...................................................................................................... 56 GENERAL .................................................................................................................................... 56 1-09.14(1) Scope ...................................................................................................................... 56 1-09.14(2) Bid Items................................................................................................................. 57 1-10 TEMPORARY TRAFFIC CONTROL .................................................................................. 80 1-10.1 General ......................................................................................................................... 80 1-10.1(2) Description……………………………………………………………………………………………...82 1-10.2(1)B Traffic Control Supervisor ....................................................................................... 81 1-10.2(2) Traffic Control Plans ................................................................................................. 81 1-10.3 Traffic Control Labor, Procedure, and Devices ................................................................ 82 1-10.3(3) Traffic Control Devices .............................................................................................. 82 1-10.3(3)A Construction Signs ................................................................................................. 82 1-10.4 Measurement ............................................................................................................... 82 1-10.5 Payment ........................................................................................................................ 82 1-11 RENTON SURVEYING STANDARDS ................................................................................ 82 1-11.1(1) Responsibility for Surveys ......................................................................................... 82 1-11.1(2) Survey Datum and Precision .................................................................................... 82 1-11.1(3) Subdivision Information ........................................................................................... 83 1-11.1(4) Field Notes ................................................................................................................ 83 1-11.1(5) Corners and Monuments .......................................................................................... 83 1-11.1(6) Control or Base Line Survey ...................................................................................... 84 1-11.1(7) Precision Levels ........................................................................................................ 84 1-11.1(8) Radial and Station -- Offset Topography .................................................................. 84 5 1-11.1(9) Radial Topography ................................................................................................... 85 1-11.1(10) Station--Offset Topography .................................................................................... 85 1-11.1(11) As-Built Survey ....................................................................................................... 85 1-11.1(12) Monument Setting and Referencing ...................................................................... 85 1-11.2 Materials ...................................................................................................................... 86 1-11.2(1) Property/Lot Corners ................................................................................................ 86 1-11.2(2) Monuments .............................................................................................................. 86 1-11.2(3) Monument Case and Cover ...................................................................................... 86 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP ........................................................ 86 2-01.1 Description .................................................................................................................... 86 2-01.2 Disposal of Usable Material and Debris ....................................................................... 86 2-01.3 Construction requirements………………………………………………………………………………87 2-01.5 Payment ........................................................................................................................ 87 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS ........................................................... 87 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters ............................................. 87 2-02.4 Measurement ............................................................................................................... 87 2-02.5 Payment ........................................................................................................................ 87 2-03 ROADWAY EXCAVATION AND EMBANKMENT ............................................................... 88 2-03.3 Construction Requirements .......................................................................................... 88 2-03.4 Measurement ............................................................................................................... 89 2-03.5 Payment ........................................................................................................................ 89 2-04 HAUL .......................................................................................................................... 89 2-04.5 Payment ........................................................................................................................ 89 2-06 SUBGRADE PREPARATION ........................................................................................... 90 2-06.5 Measurement and Payment ........................................................................................ 90 2-09 STRUCTURE EXCAVATION ............................................................................................ 90 2-09.1 Description .................................................................................................................... 90 2-09.3(1)D Disposal of Excavated Material ............................................................................. 90 2-09.4 Measurement ............................................................................................................... 90 2-09.5 Payment ........................................................................................................................ 90 5-04 HOT MIX ASPHALT (March 5, 2018 APWA GSP) ............................................................ 91 5-04.xx Subsections not listed………………………………………………………………………………….91 5-06 TEMPORARY RESTORATION IN PAVEMENT AREA ........................................................ 120 6 5-06.1 Description .................................................................................................................. 120 5-06.2 Materials .................................................................................................................... 120 5-06.3 Construction Requirements ........................................................................................ 121 7-01 DRAINS ..................................................................................................................... 121 7-01.2 Materials .................................................................................................................... 121 7-01.3 Construction Requirements ........................................................................................ 121 7-01.3(1) Drain Pipe……………………………………………………………………………………............122 7-01.3(2) Underdrain Pipe……………………………………………………………………………………….122 7-01.4 Measurement ............................................................................................................. 121 7-02 CULVERTS ................................................................................................................. 121 7-02.2 Materials .................................................................................................................... 121 7-04 STORM SEWERS ........................................................................................................ 122 7-04.2 Materials .................................................................................................................... 122 7-04.3 Construction Requirements ......................................................................................... 122 7-04.3(1) Cleaning and Testing ............................................................................................... 122 7-04.3(1)G Abandon Existing Storm Sewer Pipes .................................................................. 123 7-04.3(2) CCTV Inspection....................................................................................................... 123 7-04.3(3) Direct Pipe Connections .......................................................................................... 123 7-05 MANHOLES, INLETS, AND CATCH BASINS ................................................................... 124 7-05.3 Construction Requirements ........................................................................................ 124 7-05.3(1) Adjusting Manholes and Catch Basins to Grade .................................................... 124 7-05.3(3) Connections to Existing Manholes ......................................................................... 125 7-05.3(5) Manhole Coatings .................................................................................................. 125 7-06 TRENCH DRAINS (NEW SECTION)................................................................................. 126 7-06.1 Description ................................................................................................................... 126 7-06.2 Materials ...................................................................................................................... 126 7-06.3 Construction Requirements .......................................................................................... 126 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS ........................................................... 127 7-08.3 Construction Requirements ........................................................................................ 127 7-08.3(1)A Trenches ............................................................................................................... 127 7-08.3(1)C Bedding the Pipe .................................................................................................. 127 7-08.3(1)D Pipe Foundation ................................................................................................... 127 7-08.3(2)A Survey Line and Grade ......................................................................................... 128 7 7-08.3(2)B Pipe Laying – General .......................................................................................... 128 7-08.3(2)E Rubber Gasketed Joints ........................................................................................ 129 7-08.3(2)H Sewer Line Connections ....................................................................................... 129 7-08.3(2)J Placing PVC Pipe ................................................................................................... 129 7-08.3(3)A Backfilling Pipe Trenches...................................................................................... 129 7-08.3(5) Temporary Stormwater Diversion ............................................................................ 130 7-08.4 Measurement ............................................................................................................. 130 7-09 PIPE AND FITTINGS FOR WATER MAINS ..................................................................... 131 7-09.3(15)A Ductile Iron Pipe ................................................................................................. 131 7-09.3(15)B Polyvinyl Chloride (PVC) Pipe (4 inches and Over) ............................................. 131 7-09.3(17) Laying Ductile Iron Pipe and Fittings with Polyethylene Encasement .................. 131 7-09.3(19)A Connections to Existing Mains ........................................................................... 131 7-09.3(21) Concrete Thrust Blocking and Dead-Man Block ................................................... 133 709.3(23) Hydrstatic pressure Test…………………………………………………………………………...134 7-09.3(24)A Flushing and "Poly-pigging" ............................................................................... 135 7-09.3(24)D Dry Calcium Hypochlorite .................................................................................. 136 7-09.3(24)K Retention Period ................................................................................................. 136 7-09.3(24)N Final Flushing and Testing.................................................................................. 136 7-09.3(25) Joint Restraint Systems ......................................................................................... 137 7-09.4 Measurement ............................................................................................................. 138 7-09.5 Payment ...................................................................................................................... 138 7-12 VALVES FOR WATER MAINS ....................................................................................... 139 7-12.3(1) Installation of Valve Marker Post ........................................................................... 139 7-12.3(2) Adjust Existing Valve Box to Grade......................................................................... 139 7-12.4 Measurement ............................................................................................................. 139 7-12.5 Payment ...................................................................................................................... 140 7-14 HYDRANTS ................................................................................................................ 140 7-14.3(1) Setting Hydrants ..................................................................................................... 140 7-14.3(3) Resetting Existing Hydrants ..................................................................................... 141 7-14.3(4) Moving Existing Hydrants ........................................................................................ 141 7-14.3(7) Remove and Salvage Hydrant .................................................................................. 141 7-14.5 Payment ...................................................................................................................... 141 7-15 SERVICE CONNECTIONS ............................................................................................. 142 8 7-15.3 Construction Details.................................................................................................... 142 7-15.5 Payment ...................................................................................................................... 142 7-17 SANITARY SEWERS .................................................................................................... 142 7-17.2 Materials .................................................................................................................... 142 7-17.3 Construction Requirements ........................................................................................ 143 7-17.3(1) Protection of Existing Sewerage Facilities………………………………………………………..143 7-17.3(2)H Television Inspection ............................................................................................ 143 7-17.3(2)I Abandon Existing Sanitary Sewer Pipes ................................................................ 144 7-17.5 Payment ..................................................................................................................... 144 7-18 SIDE SEWERS ............................................................................................................ 144 7-18.3(2) Fittings ................................................................................................................... 144 7-18.3(3) Testing .................................................................................................................... 144 7-18.3(5) End Pipe Marker .................................................................................................... 145 7-19 SEWER CLEANOUTS................................................................................................... 145 7-19.3 Construction Requirements ....................................................................................... 145 7-19.4 Measurement ............................................................................................................. 145 7-20 CURED IN PLACE PIPE (CIPP) .................................................................................... 145 7-20.1 Description ............................................................................................................ 145 7-20.1(1) Licensing ................................................................................................ 145 7-20.1(2) Contractor and Manufacturer Qualifications ............................................. 145 7-20.1(3) Contractor Submittals ............................................................................. 146 7-20.1 (4) Warranty ............................................................................................... 148 7-20.1(5) Product storage and Handling Requirements………………………………………148 7-20.2 Materials .................................................................................................................... 148 7-20.2(1) CIPP....................................................................................................... 148 7-20.2(2) Felt Cured-in-Place Resin Impregnated Material ........................................ 148 7-20.2(3) Fiberglass Cured-in-Place Resin Impregnated Material ............................... 149 7-20.2(4) Resin & Cured CIPP Properties ................................................................. 150 7-20.2(5) Dimensions of CIPP…………………………………………………………………. 151 7-20.2(6) Wall Thickness………………………………………………………………………...151 7-20.2(7) CIPP Liner Labeling…………………………………………………………………..151 7-20.2(8) Chemical Resistance ................................................................................ 152 7-20.2(9) CIPP End Connection Seal…………………………………………………………..152 7-20.2(10) Allowable CIPP and End Connection Seal Manufacturers……………………….153 7-20.3 Construction Requirements ....................................................................................... 153 720.3(1) Pre-Installation CCTV Inspection……………………………………………………153 7-20.3(2) Flow Management .................................................................................. 153 7-20.3(3) Host Pipe Access……………………………………………………………………..154 7-20.3(4) Host Pipe Cleaning, Preparation, and Inspection........................................ 155 7-20.3(5) Point Repairs .......................................................................................... 155 9 7-20.3(6) Trimming Intruding Laterals………………………………………………………….156 7-20.3(7) Protection of Existing Manholes ............................................................... 156 7-20.3(8) Spill Prevention and Control .................................................................... 156 7-20.4 Installation ................................................................................................................. 156 7-20.4(1) Felt Liner CIPP Tube Installation ............................................................... 156 7-20.4(2) Fiberglass Liner CIPP Tube Installation ...................................................... 157 7-20.5 Testing ........................................................................................................................ 159 7-20.5(1) Post Installation CCTV Inspections ............................................................ 159 7-20.5(2) Material Testing ...................................................................................... 159 7-20.5(3) Cleanup ................................................................................................. 160 7-20.6 Measurement ............................................................................................................. 160 7-20.7 Payment ..................................................................................................................... 160 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL………………………………161 8-01.xx Subsections not listed……………………………………………………………………..161 8-02 ROADSIDE RESTORATION .......................................................................................... 162 8-02.3(4)A Topsoil Type A ..................................................................................................... 162 8-02.xx Subsections not listed…………………………………………………………………….162 8-02.3(16)A Lawn Installation .............................................................................................. 166 8-02.3(16)A1 Submittals ........................................................................................................ 166 8-02.3(16)A1a Certification of Material ................................................................................ 166 8-02.3(16)A1b Manufacturer’s Certificates of Conformance .............................................. 167 8-02.3(16)A1c Schedule for Installation ............................................................................... 167 8-02.3(16)A2 Product Handling ............................................................................................. 167 8-02.3(16)A3 Site Information ............................................................................................... 167 8-02.3(16)A4 Sod .................................................................................................................... 167 8-02.3(16)A4a Other Materials ............................................................................................. 167 8-02.3(16)A5 Execution .......................................................................................................... 167 8-02.3(16)A5a Installation Preparation ................................................................................ 167 8-02.3(16)A5b Sod Installation .............................................................................................. 168 8-02.3(16)B Lawn Establishment .......................................................................................... 168 8-02.3(16)B Lawn Establishment and Final Acceptance ....................................................... 168 8-02.3(16)B1 Establishment Period ...................................................................................... 168 8-02.3(16)B2 Guarantee ....................................................................................................... 169 8-02.3(16)B3 Final Acceptance ............................................................................................. 169 8-09 RAISED PAVEMENT MARKERS .................................................................................... 169 8-09.5 Payment ..................................................................................................................... 169 10 8-13 MONUMENT CASES .................................................................................................. 170 8-13.1 Description ................................................................................................................. 170 8-13.3 Construction Requirements ....................................................................................... 170 8-13.4 Measurement ............................................................................................................. 170 8-13.5 Payment ..................................................................................................................... 170 8-14 CEMENT CONCRETE SIDEWALKS ................................................................................ 170 8-14.3(4) Curing ..................................................................................................................... 170 8-14.4 Measurement ............................................................................................................. 170 8-14.5 Payment ..................................................................................................................... 171 8-17 IMPACT ATTENUATOR SYSTEMS ................................................................................. 171 8-17.5 Payment ..................................................................................................................... 171 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, AND ELECTRICAL ...................................... 171 8-20.2(1) Equipment List and Drawings ............................................................................... 171 8-22 PAVEMENT MARKING ............................................................................................... 171 8-22.1 Description ................................................................................................................. 171 8-22.3(5) Installation Instructions ........................................................................................ 172 8-22.5 Payment ..................................................................................................................... 172 8-23 TEMPORARY PAVEMENT MARKINGS ......................................................................... 173 8-23.5 Payment ..................................................................................................................... 173 9-03.8(7) HMA Tolerances and Adjustments ....................................................................... 173 9-03.22 Cement-based Grout for Abandoning Existing Utilities (Additional Section) ........... 173 9-05 DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS ................................................. 174 9-05.4 Steel Culvert Pipe and Pipe Arch (RC) ......................................................................... 174 9-05.7(2) Reinforced Concrete Storm Sewer Pipe (RC) ........................................................... 174 9-05.7(2)A Basis for Acceptance (RC) ..................................................................................... 174 9-05.7(3) Concrete Storm Sewer Pipe Joints (RC) ................................................................... 174 9-05.7(4) Testing Concrete Storm Sewer Pipe Joints (RC) ...................................................... 174 9-05.9 Steel Spiral Rib Storm Sewer Pipe (RC) ....................................................................... 174 9-05.12 Polyvinyl Chloride (PVC) Pipe .................................................................................... 175 9-05.14 ABS Composite Sewer Pipe ....................................................................................... 175 9-05.17 Aluminum Spiral Rib Storm Sewer Pipe .................................................................... 175 9-05.20 Subsections not listed…………………………………………………………………….176 9-05.24 Polypropylene Culvert Pipe, Polypropylene Storm Sewer Pipe, and Polypropylene Sanitary Sewer Pipe ................................................................................................................. 176 11 9-05.24 Subsections not listed……………………………………………………………………..177 9-05.52 Subsections not listed……………………………………………………………………..177 9-08 PAINTS AND RELATED MATERIALS ............................................................................. 177 9-08.8 Manhole Coating System Products ............................................................................. 177 9-08.8(1) Coating Systems Specification ................................................................................ 177 9-14 EROSION CONTROL AND ROADSIDE PLANTING .......................................................... 177 9-14.1(1) Topsoil Type A ......................................................................................................... 177 9-14.6(8) Sod .......................................................................................................................... 178 9-23 CONCRETE CURING MATERIALS AND ADMIXTURES .................................................... 178 9-23.9 Fly Ash (RC) ................................................................................................................. 178 9-30 WATER DISTRIBUTION MATERIALS ............................................................................. 178 9-30.1 Pipe ........................................................................................................................... 178 9-30.1(1) Ductile Iron Pipe ....................................................................................................... 178 9-30.1(2) Polyethylene Encasement ....................................................................................... 179 9-30.2 Fittings ........................................................................................................................ 179 9-30.2(1) Ductile Iron Pipe ..................................................................................................... 179 9-30.2(2) Galvanized Iron Pipe ............................................................................................... 180 9-30.2(3) Steel Casing Pipe .................................................................................................... 180 9-30.2(4) Spacers and Seals for Steel Casing Pipe ................................................................. 180 9-30.2(6) Restrained Joint Pipe and Fittings .......................................................................... 180 9-30.2(7) Bolted, Sleeve-Type Couplings for Plain End Pipe ................................................... 181 9-30.3 Valves ........................................................................................................................ 181 9-30.3(1) Gate Valves (3 inches to 16 inches) ........................................................................ 181 9-30.3(3) Butterfly Valves ...................................................................................................... 182 9-30.3(4) Valve Boxes.............................................................................................................. 182 9-30.3(5) Valve Marker Posts ................................................................................................. 182 9-30.3(6) Valve Stem Extensions ............................................................................................ 182 9-30.3(7) Combination Air Release/Air Vacuum Valves ......................................................... 182 9-30.3(8) Tapping Sleeve and Valve Assembly ....................................................................... 182 9-30.3(9) Blow-Off Assembly ................................................................................................. 183 9-30.5 Hydrants ...................................................................................................................... 183 9-30.5(1) End Connections ..................................................................................................... 183 9-30.5(2) Hydrant Dimensions ............................................................................................... 183 12 9-30.6 Water Service Connections (2 Inches and Smaller) ................................................. 183 9-30.6(3) Service Pipes ............................................................................................................. 183 9-30.6(3)B Polyethylene Pipe .................................................................................................. 183 9-30.6(4) Service Fittings ...................................................................................................... 184 9-30.6(5) Meter Setters ......................................................................................................... 184 9-30.6(7) Meter Boxes ........................................................................................................... 184 SECTION 10 ....................................................................................................................... 184 10-01 Marking Paint Removal……………………………………………………………………...184 03/23/2023 13 SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2023 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”. 03/23/2023 14 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. 03/23/2023 15 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. Roadway Excavation and Embankment The Work includes excavation along and within the stream channel, above and below the Ordinary High-Water Mark (OHWM). The contractor shall excavate as needed to install large woody debris per the plan details. 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 03/23/2023 16 traffic. Utility Public or private fixed improvement for the transportation of fluids, gases, power, signals, or communications and shall be understood to include tracks, overhead and underground wires, cables, pipelines, conduits, ducts, sewers, or storm drains. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 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: (******) A geotechnical study was prepared for the project, 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 03/23/2023 17 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. 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, clearly identify 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 of submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting vendor of any claim that such materials are, in fact, so exempt. 1-02.7 Bid Deposit Section 1-02.7 is supplemented with the following: (******) Bid Bonds shall contain the following: 1. Number assigned to the project by the Contracting Agency; 2. Name of the project; 3. The Contracting Agency named as obligee; 03/23/2023 18 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; 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 03/23/2023 19 prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others, as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women’s Business Enterprise utilization. e. There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable, financially or otherwise, to perform the Work; 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: (******) 03/23/2023 20 Within 10 calendar days after receipt from the City of the forms and documents required to be completed by the Contractor, the successful bidder shall return the signed Contracting Agency- prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the Contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any Work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any Work begun outside such areas and for any materials ordered before the Contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the Contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. The Contracting Agency is prohibited by RCW 39.06.010 from executing a contract with a Contractor who is not registered or licensed as required by the laws of the state. In addition, the Contracting Agency requires persons doing business with the Contracting Agency to possess a valid City of Renton business license prior to award. When the Bid Form provides spaces for a business license number, a Washington State Contractors registration number, or both, the Bidder shall insert such information in the spaces provided. The Contracting Agency requires legible copies of the Contractor's Registration and business license be submitted to the Engineer as part of the Contracting Agency's post-award information and evaluation activities. 1-03.4 Contract Bond Revise the first paragraph to read: (******) The successful bidder shall provide an executed contract bond for the full contract amount. This contract bond shall: 1. Be on the Contracting Agency-furnished form; 2. Be signed by an approved surety (or sureties) that: a. Is registered with the Washington State Insurance Commissioner, and b. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner; 3. Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time; 4. Guarantee that the surety shall indemnify, defend, and protect the Contracting Agency against any claim of direct or indirect loss resulting from the failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the Contract, or b. Of the Contractor (subcontractors, or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower 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: 03/27/2023 21 (******) The venue of all causes of action arising from the advertisement, award, execution, and performance of the Contract shall be in the Superior Court of the County where the Contracting Agency’s headquarters are located. 1-04 SCOPE OF WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda Revise the second paragraph to read: (******) Any inconsistency in the parts of the Contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda 2. Proposal Form 3. Special Provisions 4. Contract Plans 5. City of Renton 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 03/23/2023 22 check the same. Any Work done after such discovery, until correction of Plans or authorization of extra Work is given, if the Engineer finds that extra Work is involved, will be done at the Contractor's risk. If extra Work is involved, the procedure shall be as provided in Section 1-04.4 of the Standard Specifications. 1-05 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. 03/23/2023 23 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: (******) 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. 03/23/2023 24 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 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 03/23/2023 25 defective and/or unauthorized Work corrected or removed and replaced pursuant to Section 1-05.7 “Removal of Defective and/or Unauthorized Work.” The Contractor agrees the above one year limitation shall not exclude or diminish the Contracting Agency’s rights under any law to obtain damages and recover costs resulting from defective and/or unauthorized Work discovered after one year but prior to the expiration of the legal time period set forth in RCW 4.16.040. 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 03/23/2023 26 will set a date for Final Inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the Final Inspection reveals the Work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective Work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the Written Notice listing the deficiencies, the Engineer may, upon Written Notice to the Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1-08.5. 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: 03/23/2023 27 (******) 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: (******) 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. 03/23/2023 28 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 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 03/23/2023 29 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: (******) 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: (******) In response to COVID, and the prospect of additional public health emergencies of a similar nature, the Contractor shall prepare a project specific comprehensive exposure control, mitigation, and recovery plan (ECMP) in conformance with Section 1-07.4 and the Washington State Governor’s Job Site Requirements, as they may be updated or amended from time to time, as well as any statutes that may be enacted related to job site protocols during a public health emergency. The Contractor shall erect and properly maintain, at all times, as required by the conditions and progress of the Work, all necessary safeguards for protection of workers and the public; shall post danger signs warning against known or unusual hazards; and shall designate as Safety Supervisor, a responsible employee on the construction site whose duty shall be the enforcement of safety. The name and position of such person so designated shall be reported in writing to the Engineer by the Contractor. The Contractor shall, at all times, enforce strict discipline and good order among all employees and shall not employ any person unfit or not skilled in the Work assigned to him/her. Necessary sanitation conveniences for the use of the workers on the job, properly secluded from public observation, shall be provided and maintained by the Contractor. In cases of conflict between different safety regulations, the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office, or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital or doctor’s care, and persons, including employees, who may have been injured on the project site. Employees should not be permitted to Work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor’s care. The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of the Contractor’s plant, appliances, and methods, and for any damage or injury resulting from their failure, or improper maintenance, use, or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the Work. This requirement shall apply continuously, and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor’s performance does not, and shall not, be intended to include review and adequacy of the Contractor’s safety measures, in, on, or near the project site. 1-07.4(2) Health Hazards Section 1-07.4(2) is supplemented with the following: (******) 03/23/2023 30 All contractors have a general obligation to keep a safe and healthy worksite in accordance with state and federal law and must comply with worksite-specific safety practices, including but not limited to COVID-19 mitigation protocols and best-practices as outlined by relevant Gubernatorial Proclamation and/or in accordance with the Washington State Department of Labor & Industries General Requirements and Prevention Ideas for Workplaces and the Washington State Department of Health Workplace and Employer Resources & Recommendation https://www.doh.wa.gov/Coronavirus/workplace. Work on site shall not commence until the Contractor has met its obligations under relevant Gubernatorial Proclamation and Washington State Department of Labor & Industries General Requirements. Exposure Control, Mitigation, and Recovery Plan (ECMRP) The Contractor shall prepare a project specific Exposure Control, Mitigation, and Recovery Plan (ECMRP). The ECMRP shall be prepared and submitted as a Type 2 Working Drawing prior to beginning physical Work. The Contractor shall update and resubmit the ECMRP 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 ECMRP. Work on any activity shall cease if conditions prevent full compliance with the ECMRP. The ECMRP 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 Job Site Requirements. Exposure Control, Mitigation, and Recovery Plan (ECMRP) Inspection The Contractor shall grant full access to the Contracting Agency for ECMRP 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 ECMRP 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. Any loss of production associated with implementation of the plan, or as precipitated by the Governor’s Job Site Requirements, shall be included and accounted for when developing the Bid package. 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 03/23/2023 31 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 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. 03/23/2023 32 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: 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. 03/23/2023 33 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 city may elect to supply the contractor a draft 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 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. 03/23/2023 34 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. 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. 03/23/2023 35 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 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 03/23/2023 36 The 48-Hour Locators 1-800-424-5555 At least 2 and not more than 10 working days prior to commencing any excavations for utility potholing or for any other purpose under this Contract, the Contractor shall notify the Underground Utilities Location Center by telephone of the planned excavation and progress schedule. The Contractor is also warned that there may be utilities on the project that are not part of the One Call system. They must be contacted directly by the Contractor for locations. The Contractor shall make arrangements 48 hours in advance with respective utility owners to have a 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, 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 03/23/2023 37 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, 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 03/23/2023 38 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 • 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. 03/23/2023 39 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 * 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 03/23/2023 40 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 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, 03/23/2023 41 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. 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. 03/23/2023 42 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 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 03/23/2023 43 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: (******) 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. 03/27/2023 44 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. Trucking Routes 12. Temporary Water Pollution/Erosion Control Plan 13. 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 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 03/23/2023 45 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 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 03/23/2023 46 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 portions of the job site, or special provisions of this Contract, or to reasonably meet the completion date of the project. The Contractor shall provide such revised schedule within 10 days of request. If, at any time, in the opinion of the Engineer, the progress of construction falls significantly behind schedule, the Contractor may be required to submit a plan for regaining progress and a revised schedule indicating how the remaining Work items will be completed within the authorized contract time. The Contractor shall promptly report to the Engineer any conditions that the Contractor feels will require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by the Engineer. When such changes are accepted by the Engineer, the revised schedule shall be followed by the Contractor. 03/23/2023 47 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 insurances have been approved and filed by the Contracting Agency. The Contractor shall not commence the Work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed date. The Work thereafter shall be prosecuted diligently, vigorously, and without unauthorized interruption until physical completion of the Work. There shall be no voluntary shutdowns or slowing of operations by the Contractor without prior approval of the Engineer. Such approval shall not relieve the Contractor from the contractual obligation to complete the Work within the prescribed Contract Time. 1-08.5 Time For Completion 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 03/23/2023 48 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 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 03/23/2023 49 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. 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 03/23/2023 50 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 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. 03/23/2023 51 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 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. 03/23/2023 52 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: 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. 03/23/2023 53 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. 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 03/23/2023 54 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. 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, 03/23/2023 55 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 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: (******) 03/23/2023 56 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. 1-09.14 Payment Schedule Measurement and Payment Schedule for Bid Items in This Project Proposal Section 1-09.14 is a new section: (******) GENERAL 1-09.14(1) Scope Section 1-09.14(1) is a new section: (******) A. Payment for the various items of the bid sheets, as further specified herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of Work being described, as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction, including Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedules, and all costs therefore shall be included in the prices named in the Bid Schedules for the various appurtenant items of Work described in these Special Provisions and shown on the Plans. B. The Contracting Agency shall not pay for material quantities, which exceed the actual measured amount used and approved by the Engineer. C. It is the intention of these Specifications that 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, 03/23/2023 57 Specifications, and general construction practice, shall be included in the bid price. No separate payment will be made for these incidental items. 1-09.14(2) Bid Items Section 1-09.14(2) is a new section: (******) This section describes the bid items. Measurement and Payment, where described in a bid item, shall supersede Measurement and Payment listed in other sections of the Special Provisions and Standard Specifications. 1-09.14(2)A Mobilization & Demobilization (Bid Item 1) Measurement for “Mobilization & Demobilization” will be lump sum. The lump sum price shown will cover the complete cost of furnishing and installing, 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, obtain all necessary permits and licenses, prepare the site for construction operations, and maintain the site and surrounding areas during construction, provide protection of existing utilities, provide component and system testing, and move all personnel and equipment off the site after contract completion. The Contractor shall prepare a Work Plan that shall include the following: A. Mobilization Plan showing the proposed location for storage of all equipment and materials. Storage shall not interfere with use of the City ROW and commercial and residential access. For any proposed storage on private property outside the easement or work area, the Contractor shall obtain a Temporary Use Permit for storage areas on private property. The Contractor shall be responsible for all fees, applications, and work needed to obtain the permit. The Contractor shall allow 3 to 4 weeks to obtain the Temporary Use Permit from the City. B. Temporary Erosion and Sediment Control Plan for all stages of the project C. Traffic Control Plan, including provisions for cleaning and sweeping of any impacted roadways. D. Trench Excavation Safety Systems plan/provisions. E. Identify Disposal Sites for various waste materials and provide copies of the site’s permits, licenses, and approvals. F. Pedestrian Handling Plan. The Work Plan shall be submitted to the City for review and approval within 10 days of the contract award. Payment for “Mobilization & Demobilization” will be made at the lump sum amount bid (NOT to exceed 80% of bid price prior to completion of construction) based on the percent of completed Work as defined in the 2020 Standard Specifications for Road, Bridge, and Municipal Construction (WSDOT) for mobilization. Payment for the remaining 20% will be made upon completion and final clean-up of the construction site. Such payment will be complete compensation for all mobilization of employees, equipment and materials, Mobilization Plan, Work Plan, preparation of all necessary submittals, bonds, insurance, site improvements, permits, clean-up, Contaminated Soil and Groundwater Handling and Management Plan, safety plan, and other plans/submittals not specifically covered in bid items, etc. all in conformance with the Contract Documents. This bid item may not be more than ten percent (10%) of the total amount of Bid for the schedule. 03/23/2023 58 1-09.14(2)B Trench Safety Systems (Bid Item 2) Section 1-09.14(2)B is a new section: (******) Measurement for “Trench Safety Systems” will be per the lump sum bid price based on a percentage defined as the amount of storm/sewer/water pipelines installed divided by the total length of sewer/storm/water pipe shown to be installed in conformance with the Contract Documents. Payment for “Trench Safety Systems” will be made at the measured percentage amount for the pay period times the lump sum amount bid, said payment will be complete compensation for all equipment, labor, materials, hauling, planning, design, engineering, submittals, furnishing and constructing and removal and disposal of such temporary sheeting, shoring, and bracing complete as required under the provisions of any permits and in the requirements of OSHA and RCW Chapter 49.17, etc., required to complete this item of Work in conformance with the Contract Documents. The work also includes, but is not limited to preparing and submitting a shoring plan stamped by a professional engineer registered in the State of Washington by the preconstruction conference. 1-09.14(2)C Construction Surveying, Staking, and As-Built Drawings (Bid Item 3) Section 1-09.14(2)C is a new section: (******) Measurement for “Construction Surveying, Staking and As-Built Drawings” information will be per the lump sum bid price and based on the percentage of total Work complete at the time of measurement. Payment may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. Survey will be per Section 1-05.4 and Section 1-11. The as-built survey will be per Section 1-11. The contractor shall provide the City with a set of redline drawings with the as-built locations and elevations of all new utilities and construction work. Payment will be complete compensation for all labor, materials, equipment, tools, all incidental work needed to provide construction surveying and of the improvements (including providing a Washington State licensed surveyor for said work), staking in advance of pipe laying, fittings and structure installation, surveying the horizontal and vertical locations of all potholed existing utilities within the work area, verification and recording of the elevations of existing roadway centerline, crown, and edge of pavement to ensure that all roadways can be reconstructed to existing grade, and preparation of cut-sheets. Said payment will be complete compensation for all labor, materials, equipment, tools, all incidental work needed to provide as-built surveying, preparing “red line” as- built drawings for pay estimate submittal with fittings and dimensions of existing and proposed facilities installed or encountered during the pay period, furnishing an electronic file with construction drawings stamped and signed by a licensed land surveyor that contains the as-built information and copies of field notes, and furnishing and resetting property corners when disturbed by the contractor’s activities. No more than 50% of the bid amount for this item shall be paid prior to the review and acceptance of the as-constructed information by the Engineer. 1-09.14(2)D Temporary Traffic Control (Bid Item 4) Section 1-09.14(2)D is a new section: (******) Measurement for “Temporary Traffic Control” will be will per the lump sum bid price and shall be based on the percentage of total Work complete, at the time of measurement in conformance with the Contract Documents. 03/23/2023 59 Payment for “Temporary Traffic Control” will be made at the measured percentage amount for the pay period times the lump sum bid amount. Payment will be complete compensation for preparing and submitting a traffic control plan and pedestrian handling plan as well as all labor, tools, materials, equipment used in accordance with the approved Traffic Control Plan and pedestrian handling plan that is not included in other bid items. The Lump Sum contract price shall be full pay for all costs for performing the work described in Section 1-10.3), and in the Traffic Control Information. Payment shall include but not be limited to providing for public convenience and safety, flaggers, traffic control supervisor, construction signs, detours, barricades, sequential arrow boards, a minimum of two Portable Changeable Message Signs, traffic control devices, truck-mounted attenuator, temporary striping, cleanup, etc. required to complete this item of Work in conformance with the Contract Documents and the Manual on Uniform Traffic Control Devices (MUTCD) and as directed by the Engineer and by the City’s Transportation Department. Also, included in the contract price is the cost to furnish traffic control services and equipment for construction surveying, staking, and as-built plans. All adjustments to the Traffic Control Plan are considered incidental, and no additional payment will be made for adjustments. 1-09.14(2)E Stormwater Pollution Prevention and TESC Plan and Implementation (Bid Item 5) Section 1-09.14(2)E is a new section: (******) Measurement for “Stormwater Pollution Prevention and TESC Plan and Implementation” will be based on the lump sum bid price in conformance with the Contract Documents. Temporary Erosion Control measures include inlet protection (catch basin inserts), cleaning catch basins, filter fabric fencing, construction entrance, straw mulch, plastic sheeting, etc. at a minimum. Other erosion control measures may be necessary depending on weather and site conditions, including but not limited to, hay bales, placement of plastic sheets over exposed soil and stockpiles, mulching, netting, etc., and any other activities needed to control erosion from the project. The Contractor shall update the DRAFT Storm Water Pollution Prevention Plan, develop a "red lined" Temporary Erosion and Sediment Control plan and submit it to the City for review and approval. The plan shall be based on the City of Renton Surface Water Design Manual, and proper construction practices. After the erosion control system is installed the Contractor shall make any field adjustments necessary to reduce or eliminate any erosion and discharge of sediment-laden water. All adjustments are considered incidental and no additional payment will be made for adjustments. The lump sum price for “Stormwater Pollution Prevention and TESC Plan and Implementation” shall be full pay for all labor, material, tools, equipment, and other incidental costs required to prepare the Stormwater Pollution Prevention Plan and Temporary Erosion and Sediment Control Plan as described in Section 1-07.15 and implement the temporary erosion and sediment control BMP’s including but not limited to installation, monitoring, and maintenance of sediment ponds, straw wattles, filter fabric fencing, pumping of construction water, coffer dams, temporary storm drain diversions including temporary piping, check dams, cover measures including plastic covering, street sweeping, collection and disposal of wastewater from asphalt and concrete cutting operations and other work necessary to meet the contract and permit requirements, not otherwise shown as a separate payment item. Payment shall also include the Contractor’s use of Baker Tanks, as needed during construction and associated labor, tools, equipment and incidental costs including Baker Tank mobilization, set up, maintenance, and relocation as work progresses, and incidentals required to use Baker Tanks, when needed to meet regulatory discharge requirements. Work shall include coordination, permitting, fees, and treatment required by King County as required in 1-07.15 if discharging to the sanitary sewer. 03/23/2023 60 1-09.14(2)F Site Clearing and Grading (Bid Item 6) Section 1-09.14(2)F is a new section: (******) Measurement shall be lump sum for “Site Clearing and Grading” and shall be based on the total Work complete, by dollar value, at the time of measurement. Site clearing shall be per Section 2-01. Site grading shall be rough grading as shown in the plans. The lump sum Bid item for “Site Clearing and Grading” shall include all costs associated with clearing and grubbing, removal, hauling, and disposal of existing surface materials. The lump sum Bid item shall also include all rough grading required to construct the facilities to the approximate lines and grades shown. This shall include all labor, materials, equipment, hauling, pavement cutting, pavement removal, and excavation required to complete the Work in accordance with the Contract Documents. Fill material as required to establish final grades shall be paid for under the bid item “2”-4” Quarry Spalls for Gravel Road.” 1-09.14(2)G Removal of Existing Trees (Bid Item 7) Section 1-09.14(2)G is a new section: (******) Measurement for “Removal of Existing Trees” will be per each for each tree removed in conformance with the Contract Documents. Payment for “Removal of Existing Trees” will be made at the unit price bid per each, shall include all labor, materials, and equipment, required for removal, haul and disposal of existing trees in accordance with the Plans. All trees removed by the Contractor, except those that are to be reused for project mitigation purposes, shall become the property of the Contractor and shall be removed from the project site. Removal of trees smaller than six inches in diameter is incidental to the “Site Clearing and Grading” bid item. Removal and re-use of trees onsite for mitigation is incidental to the “Site Clearing and Grading” bid item. 1-09.14(2)H Furnish and Install 8-Inch Diameter PVC Sewer Pipe (Bid Item 8) Section 1-09.14(2)H is a new section: (******) Measurement for “Furnish and Install 8-inch diameter PVC Sewer Pipe” will be based on lineal footage measured horizontally over the centerline of the installed pipe. Payment for “Furnish and Install 8-Inch Diameter PVC Sewer Pipe” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. 03/23/2023 61 • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, installing, laying and joining sewer pipes (including joining new pipes to existing pipes), fittings and couplings of the size and type shown, and all incidentals, • Ethafoam pads (when needed), • Furnishing bedding materials, placing and compacting pipe bedding, as shown on the plans, • Placing and compacting trench backfill, • Air-Testing (if required) • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching (if needed). 1-09.14(2)I Furnish and Install 10-Inch Diameter PVC Sewer Pipe, Repair (Bid Item 9) Section 1-09.14(2)I is a new section: (******) Measurement for “Furnish and Install 10-inch Diameter PVC Sewer Pipe, Repair ” will be based on lineal footage measured horizontally over the centerline of the installed pipe. Payment for “Furnish and Install 10-Inch Diameter PVC Sewer Pipe, Repair ” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, installing, laying and joining sewer pipes (including joining new pipes to existing pipes), fittings and couplings of the size and type shown, and all incidentals, • Ethafoam pads (when needed), • Furnishing bedding materials, placing and compacting pipe bedding, as shown on the plans, • Placing and compacting trench backfill, • Air-Testing (if required) • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching (if needed), • Reconnection to existing sewer lines with Repair Couplings. 1-09.14(2)J Furnish and Install 12-Inch Diameter PVC Sewer Pipe, Repair (Bid Item 10) Section 1-09.14(2)J is a new section: (******) 03/23/2023 62 Measurement for “Furnish and Install 12-inch Diameter PVC Sewer Pipe, Repair ” will be based on lineal footage measured horizontally over the centerline of the installed pipe. Payment for “Furnish and Install 12-Inch Diameter PVC Sewer Pipe, Repair ” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, installing, laying and joining sewer pipes (including joining new pipes to existing pipes), fittings and couplings of the size and type shown, and all incidentals, • Ethafoam pads (when needed), • Furnishing bedding materials, placing and compacting pipe bedding, as shown on the plans, • Placing and compacting trench backfill, • Air-Testing (if required) • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching (if needed), • Reconnection to existing sewer lines with Repair Couplings. 1-09.14(2)K Furnish and Install 12-Inch HDPE Sewer Pipe (Bid Item 11) Section 1-09.14(2)K is a new section: (******) Measurement for “Furnish and install 12-inch diameter HDPE Sewer Pipe” will be based on lineal footage measured horizontally over the centerline of the installed pipe. Payment for “Furnish and Install 12-Inch HDPE Sewer Pipe” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, installing, laying, fusing and joining sewer pipes (including joining new pipes to existing pipes), fittings and couplings of the size and type shown, and all incidentals, • Ethafoam pads (when needed), 03/23/2023 63 • Furnishing bedding materials, placing and compacting pipe bedding, as shown on the plans, • Placing and compacting trench backfill, • Air-Testing (if required) • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching (if needed). 1-09.14(2)L CIPP Pre-installation Cleaning and Inspection (Bid Item 12) Section 1-09.14(2)L is a new section: (******) Measurement for “Pre-Installation Cleaning and Inspection for CIPP” will be based on the linear feet of pipe inspected and each in conformance with the Contract Documents. Payment for Pre-Installation Cleaning and Inspection for CIPP will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • bypass sewer routing if necessary. • cleaning, • root cutting and removal of obstructions, • removal and disposal of waste material, • water, • confirmation of the existing pipe diameter • CCTV inspection in a PACP compatible format and provision of the CCTV record on an external HDD to the Engineer 1-09.14(2)M Furnish and Install 10-Inch CIPP Sewer Pipe (Bid Item 13) Section 1-09.14(2)M is a new section: (******) Measurement for “Furnish and Install 10-Inch CIPP Sewer Pipe” will be based on the linear feet of 10- Inch cured-in-place pipe installed. The length will be the number of linear feet of completed installation measured along the invert and will include the length through elbows, tees and fittings. The number of linear feet will be measured from the center of manhole to center of manhole, center of cleanout or the actual end of the cured-in-place pipe if it does not end in a structure. Payment for “Furnish and Install 10-Inch CIPP Sewer Pipe” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • bypass sewer routing if necessary, • dewatering, • cleaning, • root cutting and removal of obstructions, • furnishing and installing 10” diameter CIPP, • removal and disposal of waste material, • water 03/23/2023 64 1-09.14(2)N Furnish and Install 12-Inch CIPP Sewer Pipe (Bid Item 14) Section 1-09.14(2)N is a new section: (******) Measurement for “Furnish and Install 12-Inch CIPP Sewer Pipe” will be based on the linear feet of 12- Inch cured-in-place pipe installed. The length will be the number of linear feet of completed installation measured along the invert and will include the length through elbows, tees and fittings. The number of linear feet will be measured from the center of manhole to center of manhole, center of cleanout or the actual end of the cured-in-place pipe if it does not end in a structure. Payment for “Furnish and Install 12-Inch CIPP Sewer Pipe” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • bypass sewer routing if necessary, • dewatering, • cleaning, • root cutting and removal of obstructions, • furnishing and installing 12” diameter CIPP, • removal and disposal of waste material, • water 1-09.14(2)O Furnish and Install 8-Inch HDPE Storm Drainage Pipe (Bid Item 15) Section 1-09.14(2)O is a new section: (******) Measurement for “Furnish and Install 8-Inch HDPE Storm Drainage Pipe” will be based on lineal footage measured horizontally over the centerline of the installed pipe. Payment for “Furnish and Install 8-Inch HDPE Storm Drainage Pipe” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • All labor, materials, equipment and hauling • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, protecting and providing temporary support of existing utilities • Pavement cutting (sawcutting), pavement removal and excavation • Dewatering, temporary bypass pumping and control of water • Removal and disposal of waste material in the excavation necessary to construct the improvements including but not limited to: existing pipes; catch basins; manholes; structures; and abandoned utilities • Pipe of the size and material type required, gaskets, fittings and adaptors • Installation, laying, fusing and jointing pipe and fittings • Furnishing and placing pipe zone bedding material • Furnishing, placement and compaction of imported trench backfill • Appurtenances, ethafoam pads, water, grading, cleaning, and testing, etc. required to complete the work in accordance with the Contract Documents • Replacing, protecting and/or maintaining existing utilities 03/23/2023 65 1-09.14(2)P Furnish and Install 48-Inch Standard Sanitary Sewer Manhole (Bid Item 16) Section 1-09.14(2)P is a new section: (******) Measurement for “Furnish and Install 48-Inch Diam. Standard Sanitary Sewer Manhole” will be per each for each type manhole installed in conformance with the Contract Documents. Payment for “Furnish and Install 48-Inch Diam. Standard Sanitary Sewer Manhole” will be made at the amount bid per each, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, install precast or poured-in-place concrete base, concrete manhole sections, gaskets, Kor-N-Seal boots (or approved equal), ladder and rungs, appurtenances, connections, channeling, reconnection to existing sewer pipes including pipe and couplings, coating system (sealer), manhole frame and lid, • Furnishing and installing material to adjustment of frames to grade including HMA, • Furnishing foundation and bedding materials, placing and compacting foundation and bedding, • Placing and compacting backfill, • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching. 1-09.14(2)Q Furnish and Install 60-Inch Standard Sanitary Sewer Manhole with Inside Drop (Bid Item 17) Section 1-09.14(2)Q is a new section: (******) Measurement for “Furnish and Install 48-Inch Diam. Standard Sanitary Sewer Manhole” will be per each for each type manhole installed in conformance with the Contract Documents. Payment for “Furnish and Install 48-Inch Diam. Standard Sanitary Sewer Manhole” will be made at the amount bid per each, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Locating all existing utilities and potholing in advance to determine their horizontal and vertical location, including potholing in advance for existing side sewers and television inspection of existing sanitary sewer to determine location of side sewer branches if necessary. • Saw cutting up to 12” in depth, trench excavation, and dewatering (if needed), • Bypass sewer pumping (if needed), 03/23/2023 66 • Removal, hauling and disposal of waste materials including but not limited to pavement, curbs, gutters, sidewalks, surplus and unsuitable excavated material, existing pipes and structures in the excavation, • Furnishing, install precast or poured-in-place concrete base, concrete manhole sections, gaskets, Kor-N-Seal boots (or approved equal), ladder and rungs, appurtenances, connections, channeling, reconnection to existing sewer pipes including pipe and couplings, coating system (sealer), manhole frame and lid, • Furnishing and installing fittings, clamping brackets, inside-drop pipe, laying and joining new sewer pipe to the inside-drop, bends, • Furnishing and installing material to adjustment of frames to grade including HMA, • Furnishing foundation and bedding materials, placing and compacting foundation and bedding, • Placing and compacting backfill, • Replacing, protecting and/or maintaining existing utilities, • Furnishing and Placing Temporary Pavement Patching. 1-09.14(2)R Abandon Existing Sanitary Sewer Manhole (Bid Item 18) Section 1-09.14(2)R is a new section: (******) Measurement for “Abandon Existing Sanitary Sewer Manhole” will be per each in conformance with the Contract Documents. Payment for “Abandon Existing Sanitary Sewer Manhole” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, materials, hauling, pavement cutting, pavement removal, excavation, dewatering, locating all existing utilities and potholing in advance for horizontal and vertical location, removal and disposal of waste material including existing pipes and structure in excavation, removal of manhole cover, frame, adjustment rings and cones, drilling drainage holes in bottom of manholes, plugging all incoming and outgoing pipes with concrete plugs, furnishing and installing compacted sand, gravel borrow, or CDF within manholes, stockpile and placement of subsequent backfill (native) materials, compaction, water, grading, cleaning, pavement restoration, etc. required to complete all abandonment work in conformance with the Contract Documents. Select imported backfill materials are included in other bid items (See Bid Item 24). 1-09.14(2)S Plug and Abandon Existing Sanitary Sewer Main over 10-Inch Diameter (Bid Item 19) Section 1-09.14(2)S is a new section: (******) Measurement for “Plug and Abandon Existing Sanitary Sewer Main over 10-Inch Diam.” will be per each plug installed.. Payment for “Plug and Abandon Existing Sanitary Sewer Main over 10-Inch Diam.” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, materials, hauling, pavement cutting, pavement removal, excavation, dewatering, locating all existing utilities and potholing in advance for horizontal and vertical location, removal and disposal of waste material including existing pipes and structure in excavation, plugging the ends of sewer mains to be abandoned with 3,000 psi cement concrete, stockpile and placement of subsequent backfill (native) materials, compaction, water, grading, cleaning, pavement restoration, etc. required to complete all abandonment work in conformance with the Contract Documents. Select imported backfill materials are included in other bid items (See 03/23/2023 67 Bid Item 24). 1-09.14(2)T Removal and Replacement of Unsuitable Foundation Material (Bid Item 20) Section 1-09.14(2)T is a new section: (******) Measurement for “Removal and Replacement of Unsuitable Foundation Material” shall be measured in tons based on the placed weight of material installed. Placement of foundation material will be measured only for the area(s) authorized by the Engineer. Certified weight tickets shall accompany each load, a copy of tickets shall be given to the Engineer daily. Wasted materials will not be included in the measurement or payment. Payment for “Removal and Replacement of Unsuitable Foundation Material” will be made at the amount bid per ton, which payment will be complete compensation for all, labor, materials, equipment, excavation, foundation materials, haul, placement, water, compaction, removal and disposal of waste material, etc., required to complete this item of Work in conformance with the Contract Documents. Payment for this item will be only for the removal and replacement of unsuitable material requested by the City. 1-09.14(2)U Select Imported Trench Backfill (Bid Item 21) Section 1-09.14(2)U is a new section: (******) Measurement for “Select Imported Trench Backfill” will be measured in tons based on the weight of material installed into the Work in conformance with the Contract Documents. Certified weight tickets will accompany each load, a copy of tickets will be given to the Engineer daily. Wasted materials will not be included in the measurement or payment. Only materials placed within the pay limits shown will be considered for payment. Material placed outside of the pay limits shown on the Plans or as approved by the Engineer will be deducted from the certified tickets. Payment for “Select Imported Backfill” will be made at the amount bid per ton, which payment will be complete compensation for all labor, materials, tools, equipment, incidentals necessary to furnish and install select import backfill, hauling, placement, compaction, removal, haul and disposal of unsuitable excavated materials, waste and surplus materials, etc., required to complete this item of Work in conformance with the Contract Documents. 1-09.14(2)V 2-inch to 4-inch Quarry Spalls for Gravel Road (Bid Item 22) Section 1-09.14(2)V is a new section: (******) Measurement for the “2-inch to 4-inch Quarry Spalls for Gravel Road” shall be in tons based on the weight of material installed into the Work. Quarry Spalls shall be used for the gravel access road as shown on the plans and per contract documents. Certified weight tickets shall accompany each load, a copy of tickets shall be given to the Engineer daily. Wasted materials will not be included in the measurement or payment. Payment for the “2-inch to 4-inch Quarry Spalls for Gravel Road” will be made at the amount bid per ton, for which payment will be complete compensation for all labor, materials, 03/23/2023 68 equipment, hauling, placement, water, compaction, removal and disposal of waste materials, etc., required to complete this item of Work in conformance with the Contract Documents. 1-09.14(2)W Furnish and Place Rockery Walls (Bid Item 23) Section 1-09.14(2)W is a new section: (******) Measurement for “Furnish and Place Rockery Walls” shall be square foot of exposed face, complete in place. Payment for “Furnish and Place Rockery Walls” will be made at the amount bid per square foot, which payment will be complete compensation for all labor, material, tools and equipment, structure excavation, stockpiling suitable excavated material for use as structure backfill as directed by the Engineer, excavation dewatering (if needed), disposing of unsuitable or surplus materials, furnishing, placing and compacting foundation gravel, furnishing and placing quarry rock for the rockery, furnishing, placing and compacting quarry spalls, placing and compacting structure backfill, chinking voids (by hand if necessary), furnishing and installing geotextile fabric, furnishing and installing 4-inch diameter rockery drain pipe, and replacing, protecting and/or maintaining utilities necessary to satisfactorily construct rockeries as shown in conformance with the Contract Documents. 1-09.14(2)X Controlled Density Fill (Backfill) (As Required) (Bid Item 24) Section 1-09.14(2)X is a new section: (******) Measurement for “Control Density Fill (Backfill)” will be per cubic yard in conformance with the Contract Documents. All use of CDF shall be pre-approved by the Engineer. CDF used beyond the agreed amount or CDF used without prior Engineer approval will not be paid. Payment for “Control Density Fill (Backfill)” will be made at the amount bid per cubic yard, which payment will constitute full compensation for all material, equipment, tools, labor, and all necessary for and incidental to the installation of Control Density Fill in accordance with the Contract Documents and as directed by the Engineer. Payment for this item will be only for the control density fill pre-approved by the City. If no control density fill is authorized under this bid item, final payment for this item will be $0 (zero). The control density fill bid item is exempt from Section 1-04.6 and no price adjustment will be made for variation in actual quantity used. 1-09.14(2)Y Hot Mix Asphalt Patch including Crushed Surface Top Course (Bid Item 25) Section 1-09.14(2) Y is a new section: (******) Measurement for “Hot Mix Asphalt Patch Including CSTC ” shall be measured in Square Yards. Pavement repair measurement width shall be as defined by the limit of trench patch payment shown in the Contract Documents, unless otherwise approved by the Engineer. Wasted materials will not be included in the measurement or payment. Only materials placed within the pay limits shown will be considered for payment. Material placed outside of the pay limits shown on the plans or as approved by the Engineer will be deducted from the certified tickets. Payment for “Hot Mix Asphalt Patch including CSTC” will be made at the amount bid per Square Yard, which payment will be complete compensation for all labor, materials, tools, equipment required to 03/23/2023 69 complete the work specified in the contract documents and plans, and shall include but not be limited to the following: • Sawcutting, removal and disposal of existing pavement • Placing and compacting crushed surfacing top course • Furnishing, placing, and compacting hot mix asphalt materials for pavement repair • Sealing all cold joints • Tack coat • Joint seal • Asphalt Sidewalk Transitions • Hauling • Aggregate • Sweeping • Adjustment of utilities to grade • Furnishing and preparing subgrade • Cleanup • All other incidentals necessary for a complete paving and restoring the roadway grade to existing elevations. 1-09.14(2)Z CCTV Inspection (Bid Item 26) Section 1-09.14(2)Z is a new section: (******) Measurement for “CCTV inspection” will be per linear foot of sanitary sewer pipe inspected in conformance with section 7-17.3(2)H and the Contract Documents. Payment for “CCTV Inspection” will be made at the amount bid per linear foot, which payment will be complete compensation for all labor, materials, equipment required to complete the work specified in the Contract Documents, and shall include but not be limited to the following: • Bypass sewer pumping (if needed), • CCTV inspection of all new open-cut installed sanitary sewers and CIPP installations, • Delivery of the CCTV inspections entirely in a PACP compatible format data base on an External HDD or USB flash drive to the Engineer. Costs for additional Television Inspection required to verify corrections or replacement of pipe, or done solely for the Contractor's convenience, shall be at the Contractor's sole expense 1-09.14(2)BA Surface Restoration (Bid Item 27) Section 1-09.14(2)BA is a new section: (******) Measurement for surface restoration Work will be based on the percentage of total Work complete, by dollar value, at the time of measurement. Prior to beginning the surface restoration, the Contractor shall submit a schedule of values for all restoration work to be reviewed and approved by the Engineer. Measurement and payment of this bid item shall be based on the approved schedule of values. Payment for “Surface Restoration” will be made at the amount bid per lump sum, which payment will be complete compensation for all labor, equipment, and materials needed for asphalt restoration and landscaping restoration. Asphalt restoration shall include but not be 03/23/2023 70 limited to all Work, labor, material, equipment, sawcutting, hauling, placement, compaction, removal and disposal of waste materials, etc. required to complete this item of Work in conformance with the Contract Documents. Payment for the 6-inch thick, compacted layer of crushed surfacing top course beneath the pavement will be incidental to this Bid item, and not measured or paid under separate Bid items. Landscape restoration shall include hauling and disposing unsuitable, surplus and/or waste materials, replacing and restoring any landscaping, rockeries, walls, tree removal and replacement, trees, bark, and other improvements disturbed by construction activities, as directed by the Engineer, and site cleanup of all areas disturbed by contractor’s activities to match the conditions as closely as existed prior to contractor’s beginning work or as directed by the Engineer. 1-09.14(2)BB Large Woody Debris (2 Logs with Roots, 2/3rds buried, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes) (Bid Item 28) Section 1-09.14(2)BB is a new section: (******) Measurement for “Large Woody Debris (2 Logs with Roots, 2/3rds buried, 1 3-Man Boulder, Glued U- Bar Anchor, Steel Ropes)” shall be per each. Payment for “Large Woody Debris (2 Logs with Roots, 2/3rds buried, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes)” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, and materials needed for furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes anchored logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. Rock anchor system is also included in the cost of this bid item. 1-09.14(2)BC Large Woody Debris (1 Log, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes) (Bid Item 29) Section 1-09.14(2)BC is a new section: (******) Measurement for “Large Woody Debris (1 Log, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes)” shall be per each. Payment for “Large Woody Debris (1 Log, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes)” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, and materials needed for furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes anchored logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. Furnishing and placing rock anchor system is also included in the cost of this bid item. 1-09.14(2)BD Large Woody Debris (1 Tree Top, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes) (Bid Item 30) Section 1-09.14(2)BD is a new section: (******) Measurement for “Large Woody Debris (1 Tree Top, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes)” shall be per each. 03/23/2023 71 Payment for “Large Woody Debris (1 Tree Top, 1 3-Man Boulder, Glued U-Bar Anchor, Steel Ropes)” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, and materials needed for furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes anchored logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. Furnishing and placing rock anchor system is also included in the cost of this bid item. 1-09.14(2)BE Large Woody Debris (1 Rootwad, Glued U-Bar Anchor, Steel Ropes) (Bid Item 31) Section 1-09.14(2)BE is a new section: (******) Measurement for “Large Woody Debris (1 Rootwad, Glued U-Bar Anchor, Steel Ropes)” shall be per each. Payment for “Large Woody Debris (1 Rootwad, Glued U-Bar Anchor, Steel Ropes)” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, and materials needed for furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes anchored logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. Furnishing and placing anchor system is also included in the cost of this bid item. 1-09.14(2)BF Large Woody Debris (1 Log with Roots, No Anchor) (Bid Item 32) Section 1-09.14(2)BF is a new section: (******) Measurement for “Large Woody Debris (1 Log with Roots, No Anchor)” shall be per each. Payment for “Large Woody Debris (1 Log with Roots, No Anchor)” will be made at the amount bid per each, which payment will be complete compensation for all labor, equipment, and materials needed for furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. 1-09.14(2)BG Biodegradable Erosion Control Blanket (Bid Item 33) Section 1-09.14(2)BG is a new section: (******) Measurement and Payment for “Erosion Control Blanket” shall be per square yard of work completed in accordance with Section 8-01.3(3) of the Special Provisions and the Contract Documents. 1-09.14(2)BH Soil Amendment with Fine Compost (Bid Item 34) Section 1-09.14(2)BH is a new section: (******) Measurement and Payment for “Soil Amendment with Fine Compost” shall be per square yard in accordance with Section 8-02.3(6) of the Special Provisions and the Contract Documents. Soil Amendment shall include Soil Decompaction and Mulch installation, and shall include all labor, tools, equipment, water, measuring devices, testing, materials, supplies, and incidentals to complete the work. 1-09.14(2)BI PSIPE-(Grand Fir) Abies grandis, 4' height, 5 gal. (Bid Item 35) Section 1-09.14(2)BI is a new section: (******) 03/23/2023 72 Measurement and payment for “PSIPE-(Grand Fir) Abies grandis, 4' height, 5 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Grand Fir) Abies grandis, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BJ PSIPE-(Bigleaf maple) Acer macrophyllum, 4' height, 5 gal. (Bid Item 36) Section 1-09.14(2)BJ is a new section: (******) Measurement and payment for “PSIPE-(Bigleaf maple) Acer macrophyllum, 4' height, 5 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Bigleaf maple) Acer macrophyllum, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BK PSIPE-(Sitka spruce) Picea sitchensis, 4' height, 5 gal. (Bid Item 37) Section 1-09.14(2)BK is a new section: (******) Measurement and payment for “PSIPE-(Sitka spruce) Picea sitchensis, 4' height, 5 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Sitka spruce) Picea sitchensis, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BL PSIPE-(Cottonwood) Populus balsamifera, 4' height, 5 gal. (Bid Item 38) Section 1-09.14(2)BL is a new section: (******) Measurement and payment for “PSIPE-(Cottonwood) Populus balsamifera, 4' height, 5 gal.” shall be per each in place. 03/23/2023 73 The unit contract price per each for “PSIPE-(Cottonwood) Populus balsamifera, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BM PSIPE-(Douglas-fir) Pseudotsuga menziesii, 4' height, 5 gal. (Bid Item 39) Section 1-09.14(2)BM is a new section: (******) Measurement and payment for “PSIPE-(Douglas-fir) Pseudotsuga menziesii, 4' height, 5 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Douglas-fir) Pseudotsuga menziesii, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BN PSIPE-(Western red cedar) Thuja plicata, 4' height, 5 gal. (Bid Item 40) Section 1-09.14(2)BN is a new section: (******) Measurement and payment for “PSIPE-(Western red cedar) Thuja plicata, 4' height, 5 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Western red cedar) Thuja plicata, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BO PSIPE-(Western hemlock) Tsuga heterophylla, 4' height, 5 gal. (Bid Item 41) Section 1-09.14(2)BO is a new section: (******)Measurement and payment for “PSIPE-(Western hemlock) Tsuga heterophylla, 4' height, 5 gal.” shall be per each in place. 03/23/2023 74 The unit contract price per each for “PSIPE-(Western hemlock) Tsuga heterophylla, 4' height, 5 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BP PSIPE-(Vine maple) Acer circinatum, 1 gal. (Bid Item 42) Section 1-09.14(2)BS is a new section: (******) Measurement and payment for “PSIPE-(Vine maple) Acer circinatum, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Vine maple) Acer circinatum, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BQ PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal. (Bid Item 43) Section 1-09.14(2)BQ is a new section: (******) Measurement and payment for “PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BR PSIPE-(Red-osier dogwood) Cornus sericea, 1 gal. (Bid Item 44) Section 1-09.14(2)BR is a new section: (******) Measurement and payment for “PSIPE-(Red-osier dogwood) Cornus sericea, 1 gal.” shall be per each in place. 03/23/2023 75 The unit contract price per each for “PSIPE-(Red-osier dogwood) Cornus sericea, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BS PSIPE-(Red-osier dogwood) Cornus sericea, live stake. (Bid Item 45) Section 1-09.14(2)BS is a new section: (******) Measurement and payment for “PSIPE-(Red-osier dogwood) Cornus sericea, live stake” shall be per each in place. The unit contract price per each for “PSIPE-(Red-osier dogwood) Cornus sericea, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BT PSIPE-(Kelsey dogwood) Cornus sericea 'Kelseyi', 1 gal. (Bid Item 46) Section 1-09.14(2)BT is a new section: (******) Measurement and payment for “PSIPE-(Kelsey dogwood) Cornus sericea 'Kelseyi', 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Kelsey dogwood) Cornus sericea 'Kelseyi', 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BU PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal. (Bid Item 47) Section 1-09.14(2)BU is a new section: (******) Measurement and payment for “PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal.” shall be per each in place. 03/23/2023 76 The unit contract price per each for “PSIPE-(Beaked hazelnut) Corylus cornuta, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BV PSIPE-(Tall Oregon grape) Mahonia aquifolium, 1 gal. (Bid Item 48) Section 1-09.14(2)BV is a new section: (******) Measurement and payment for “PSIPE-(Tall Oregon grape) Mahonia aquifolium, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Tall Oregon grape) Mahonia aquifolium, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BW PSIPE-(Dull Oregon grape) Mahonia nervosa, 1 gal. (Bid Item 49) Section 1-09.14(2)BW is a new section: (******) Measurement and payment for “PSIPE-(Dull Oregon grape) Mahonia nervosa, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Dull Oregon grape) Mahonia nervosa, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BX PSIPE-(Osoberry) Oemleria cerasiformis, 1 gal. (Bid Item 50) Section 1-09.14(2)BX is a new section: (******) Measurement and payment for “PSIPE-(Osoberry) Oemleria cerasiformis, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Osoberry) Oemleria cerasiformis, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 03/23/2023 77 1-09.14(2)BY PSIPE-(Pacific ninebark) Physocarpus capitatus, live stake. (Bid Item 51) Section 1-09.14(2)BY is a new section: (******) Measurement and payment for “PSIPE-(Pacific ninebark) Physocarpus capitatus, live stake” shall be per each in place. The unit contract price per each for “PSIPE-(Pacific ninebark) Physocarpus capitatus, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)BZ PSIPE-(Western swordfern) Polystichum munitum, 1 gal. (Bid Item 52) Section 1-09.14(2)BZ is a new section: (******) Measurement and payment for “PSIPE-(Western swordfern) Polystichum munitum, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Western swordfern) Polystichum munitum, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CA PSIPE-(Western brackenfern) Pteridium aquilinum, 1 gal. (Bid Item 53) Section 1-09.14(2)CA is a new section: (******) Measurement and payment for “PSIPE-(Western brackenfern) Pteridium aquilinum, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Western brackenfern) Pteridium aquilinum, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CB PSIPE-(Nootka rose) Rosa nutkana, 1 gal. (Bid Item 54) Section 1-09.14(2)CB is a new section: (******)Measurement and payment for “PSIPE-(Nootka rose) Rosa nutkana, 1 gal.” shall be per each in place. 03/23/2023 78 The unit contract price per each for “PSIPE-(Nootka rose) Rosa nutkana, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CC PSIPE-(Hooker's Willow) Salix hookeriana, live stake. (Bid Item 55) Section 1-09.14(2)CC is a new section: (******) Measurement and payment for “PSIPE-(Hooker's Willow) Salix hookeriana, live stake” shall be per each in place. The unit contract price per each for “PSIPE-(Hooker's Willow) Salix hookeriana, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CD PSIPE-(Pacific Willow) Salix lucida, 1 gal. (Bid Item 56) Section 1-09.14(2)CD is a new section: (******) Measurement and payment for “PSIPE-(Pacific Willow) Salix lucida, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Pacific Willow) Salix lucida, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CE PSIPE-(Pacific Willow) Salix lucida, live stake. (Bid Item 57) Section 1-09.14(2)CE is a new section: (******)Measurement and payment for “PSIPE-(Pacific Willow) Salix lucida, live stake” shall be per each in place. 03/23/2023 79 The unit contract price per each for “PSIPE-(Pacific Willow) Salix lucida, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CF PSIPE-(Scouler's Willow) Salix scouleriana, live stake. (Bid Item 58) Section 1-09.14(2)CI is a new section: (******) Measurement and payment for “PSIPE-(Scouler's Willow) Salix scouleriana, live stake” shall be per each in place. The unit contract price per each for “PSIPE-(Scouler's Willow) Salix scouleriana, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CG PSIPE-(Sitka Willow) Salix sitchensis, live stake. (Bid Item 59) Section 1-09.14(2)CG is a new section: (******) Measurement and payment for “PSIPE-(Sitka Willow) Salix sitchensis, live stake” shall be per each in place. The unit contract price per each for “PSIPE-(Sitka Willow) Salix sitchensis, live stake” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CH PSIPE-(Rose spirea) Spiraea douglasii, 1 gal. (Bid Item 60) Section 1-09.14(2)CH is a new section: (******)Measurement and payment for “PSIPE-(Rose spirea) Spiraea douglasii, 1 gal.” shall be per each in place. 03/23/2023 80 The unit contract price per each for “PSIPE-(Rose spirea) Spiraea douglasii, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 1-09.14(2)CI PSIPE-(Common snowberry) Symphoricarpos albus, 1 gal. (Bid Item 61) Section 1-09.14(2)CI is a new section: (******) Measurement and payment for “PSIPE-(Common snowberry) Symphoricarpos albus, 1 gal.” shall be per each in place. The unit contract price per each for “PSIPE-(Common snowberry) Symphoricarpos albus, 1 gal.” shall include all costs for plant area preparation, fine grading, planting, plant fertilizer, insecticide, mulch, and fungicide applications. Items to be included in the bid price shall include but shall not necessarily be limited to: all labor, materials and equipment required to complete the work as shown on the plans and specified herein until project completion. This item also includes weed control within the planting area, and plant establishment. 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 03/23/2023 81 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 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. Traffic 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: 03/23/2023 82 (******) 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”. 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. 03/23/2023 83 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 o n 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. 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 03/23/2023 84 • 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. 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. 03/23/2023 85 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". 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. 03/23/2023 86 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 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. Existing landscape and wetland or buffer areas outside the limits of work shall be protected from damage by the Contractor’s operations per Section 1-07.16. Selective clearing shall be performed on areas within the limits of work and around vegetation to be preserved. The Contractor shall selectively clear noxious weeds per the Plans. Prune minor roots and branches of trees to remain in a manner that will not compromise the survivability of the trees, where such roots and branches obstruct installation of new construction under the field direction of the City Representative. 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, Section 2-01.2(2). 03/23/2023 87 No waste site has been provided for the disposal of excess material. The Contractor shall make their own arrangements for obtaining waste sites in accordance with the Standard Specifications. Chips shall not contain any species listed on the 2015 King County Classified Noxious Weed List or the King County list of weeds of concern. 2-01.3 Construction Requirements Section 2-01.3 is supplemented with the following: (******) If removal of canopy material is necessary to allow access for equipment, all costs associated with removal shall be considered incidental and included in the contract price for the Work. Pruning or reduction of leaf canopy shall be in accordance with Section 1-07.16(2). Contractor shall not clear, prune, or cut existing vegetation between March 15 and July 31. The contractor shall protect all wetland areas from any damage caused by construction. No machinery or heavy equipment is allowed directly on the wetland. All Work in the wetlands shall be performed with hand tools only. 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. 03/23/2023 88 "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 ___________. 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 (******) The Work includes excavation along and within the stream channel, above and below the ordinary high water mark (OHWM). The contractor shall excavate as needed to install large woody debris per the plan details. 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. 03/23/2023 89 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. 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 03/23/2023 90 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. 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, other wise 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 03/23/2023 91 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 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 satisfactio n 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 03/23/2023 92 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 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 03/23/2023 93 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 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. 03/23/2023 94 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. 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. 03/23/2023 95 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. 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: 03/23/2023 96 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, 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 03/23/2023 97 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. 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 03/23/2023 98 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 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. 03/23/2023 99 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 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. 03/23/2023 100 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 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 03/23/2023 101 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. 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. 03/23/2023 102 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. 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 03/23/2023 103 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 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: 03/23/2023 104 • 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 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 03/23/2023 105 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 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. 03/23/2023 106 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 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 03/23/2023 107 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, 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 03/23/2023 108 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. 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) 03/23/2023 109 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 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 03/23/2023 110 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 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. 03/23/2023 111 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 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 planing plan must be approved by the Engineer and a pre 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. 03/23/2023 112 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. 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 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. 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 03/23/2023 113 Before starting planing of pavements, and before any additional depth planing required by the 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. 03/23/2023 114 5-04.3(14)B2 Submittals – Planing Plan and HMA Paving Plan 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 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 = 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 03/23/2023 115 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 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 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 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. 03/23/2023 116 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. 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 included in Appendix C. Water Valve Boxes – Refer to Renton Standard Plan 330.1 in Appendix C. Gas Valves – Same as Water Valve Boxes. Monument Cases – Refer to Renton Standard Plan 113 in Appendix C. 03/23/2023 117 J-boxes, Electrical Vaults, Communications Vaults – These features shall not to be covered with HMA. 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. 03/23/2023 118 Adjust Water Valve Box will be measured per each. 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 03/23/2023 119 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. 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. 03/23/2023 120 “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. “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. 03/23/2023 121 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 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 03/23/2023 122 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. 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- 03/23/2023 123 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 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: 03/23/2023 124 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 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 03/23/2023 125 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 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 03/23/2023 126 recommendations in a controlled environment before arriving on site. Field application of interior coating will not be accepted. Except as approved by the Engineer. 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. 03/23/2023 127 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 03/23/2023 128 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. 03/23/2023 129 7-08.3(2)E Rubber Gasketed Joints Section 7-08.3(2)E is supplemented with the following: (******) 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. 03/23/2023 130 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. 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 03/23/2023 131 place, measured by the neat line dimensions shown in the Plans, or by the ton on truck tickets. 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 03/23/2023 132 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 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 03/23/2023 133 Contractor’s assistance c) Swab all connecting pipe and fittings with 5-6%chlorine solution d) Perform the connection work 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 prior 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 03/23/2023 134 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. 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. 03/23/2023 135 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: 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: 03/23/2023 136 (******) 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 shall 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 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. 03/23/2023 137 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. 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. 03/23/2023 138 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 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. 03/23/2023 139 The unit contract price per cubic yard for "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 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. 03/23/2023 140 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 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. 03/23/2023 141 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. 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 03/23/2023 142 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. 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 03/23/2023 143 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 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 03/23/2023 144 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: (******) 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 03/23/2023 145 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. 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: 03/23/2023 146 • 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. 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. 03/23/2023 147 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 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. 03/23/2023 148 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. 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. 03/23/2023 149 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. 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. 03/23/2023 150 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). 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). 03/23/2023 151 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 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: 03/23/2023 152 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 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. 03/23/2023 153 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. 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 03/23/2023 154 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. 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. 03/23/2023 155 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. 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 03/23/2023 156 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 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. 03/23/2023 157 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 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. 03/23/2023 158 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. 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). 03/23/2023 159 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 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. 03/23/2023 160 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. 03/23/2023 161 DIVISION 8 - MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL 8-01.1 Description Section 8-01.1 is supplemented with the following: The Temporary Water Pollution and Erosion Control bid item includes the following: • Preparation of Final Stormwater Pollution Prevention Plan (SWPPP) • Construction entrances • Stream cofferdams to isolate work areas from flowing stream • Fish exclusion from cofferdams • Other BMPs as needed to control stormwater runoff and prevent turbidity impacts to receiving waters. (******) 8-01.3 Construction Requirements Section 8-01.3 is supplemented with the following: Stream Cofferdams and Temporary Bypass Plan Contractor shall furnish and install a system of cofferdams and shall be used to isolate the work area along the streambank from flowing water. Contractor shall submit a detail drawing for approval. Materials shall meet City or WSDOT standard material specifications. The contractor can propose an alternative system that can be approved by the Engineer if demonstrated to be effective. Following fish exclusion, pumps shall be used to prevent silt-laden water from entering the flowing stream from the containment area. Payment for materials required to execute the Temporary Bypass Plan shall be included in the TESC bid item, per lump sum. 8-01.3(3) Placing Erosion Control Blanket Section 8-01.3(3) is supplemented with the following: (******) The biodegradable erosion control blanket shall be 100% coir and shall biodegrade within a life span not less than two years. The blanket Mass per Unit Area as tested by ASTM D6475 shall be a minimum 38 oz./ sq. yd. The gravel backfill used to key in the blanket shall conform to the requirements of Section 9-03.12(2). The contractor shall install the biodegradable erosion control blanket per the plan details. 03/23/2023 162 The unit Contract price per square yard for “Biodegradable Erosion Control Blanket”, shall be full pay for all costs to complete the specified Work including wooden stakes and gravel backfill. 8-02 ROADSIDE RESTORATION Section 8-02.3(1) is supplemented with the following: Throughout planting operations, the Contractor shall keep the premises clean, free of excess soils, plants, and other materials, including refuse and debris, resulting from his work. For all planting areas, the Contractor shall perform work in a manner that minimizes displacement and compaction of the existing soil. Work will be stopped if, in the opinion of the City Representative, construction method, soil moisture content or other condition will result in displacement of the existing soil horizon (such as ruts over 3 inches deep), or compaction of the soil. The Contractor will not be allowed to resume work until conditions improve or an alternate method of construction is approved by the City Representative. At the end of each work day, and as each planting area is completed, it shall be neatly dressed to the satisfaction of the City Representative. At the conclusion of work, the Contractor shall remove surplus soils, materials, and debris from the construction site and shall leave project in a clean condition. Planting will begin after all excavation, bank stabilization, and access road reconstruction work have been completed. Vegetation shall not be installed until weather permits and installations has been authorized by the City Representative. The Contractor shall locate all underground utilities (both new and existing) prior to starting work and shall not disturb or damage them. Promptly notify the City Representative of any conflict between the proposed work and any obstructions. The Contractor shall be responsible for making any and all repairs for damage caused by Contractor’s activities. 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. 8-02.3(5) Roadside Seeding, Lawn and Planting Area Preparation Section 8-02.3(5) is supplemented with the following: Planting areas shall be prepared per the plan site preparation details. Weeds or unwanted vegetation specified as Class A, B and C noxious and nuisance weeds listed on King County Noxious Weed List shall be controlled on the project in accordance with the plans or with County Best Management Practices. The costs of removing all excess material and debris shall be considered incidental to and included in the unit contract prices of other items in this contract. Finished grades shall be reviewed and approved by the City Representative prior to any planting or seeding. 03/23/2023 163 For planting areas that become compacted due to construction use, the Contractor shall loosen and cultivate to a minimum depth of 8” prior to planting and seeding operations. No cultivation shall occur in areas within the dripline of existing trees scheduled to remain. Field verify with City Representative. Pit Planting shall be the approved method of plant installation in proximity of tree driplines. Finish grade all graded areas removing all rocks and other debris one half inch (1/2”) or larger in any dimension from the topsoil surface. Rake, float, drag, roll and perform all necessary operations to produce a firm, smooth surface without depressions and with positive drainage. Finish grades shall be reviewed and approved by the City Representative prior to any planting or seeding. 8-02.3(6) Soil Amendments (******) Soil amendments shall be per the Plan details. Compost Section8-02.3(6) is supplemented with the following: (January 3, 2010) Acceptance will be based upon a visual examination of the compost and US Composting Council Seal of Testing Assurance (STA) certified laboratory test results dated within 90 calendar days of the application. (******) Fine Compost shall be used in Buffer areas only. No Compost shall be used in wetland areas. 8-02.3(8) Planting Section 8-02.3(8) is supplemented with the following: (******) The Contractor shall exercise care when installing plant material in creek or river bank edges to minimize disturbance of the river bank and prevent sediment or other pollutant discharges from entering the river. The Contractor shall exercise care when installing plant material next to existing vegetation scheduled to remain to prevent damage to the root systems of the existing vegetation. 8-02.3(11) Mulch Section 8-02.3(11)B is replaced with the following: (******) Mulch shall be wood chip mulch only, not bark. 03/23/2023 164 Wood chip mulch shall be placed to a uniform non-compacted depth of four inches over buffer planting areas. Mulch shall be feathered to the base of the plant and 1 inch below the top of junction and valve boxes, curbs, and pavement edges. Wood chip mulch shall not be placed in areas of standing or flowing water. The Contractor shall complete final grading and placement/incorporation of soil amendments within the planting area prior to placement of mulch. Areas receiving mulch shall be bare soil or vegetation free before application, except where trees and other plants are specifically identified in the Plans or designated by the City Representative to be saved and protected. Any contamination of the mulch due to the Contractor’s operations shall be corrected to its former condition at no additional cost to the Contracting Agency. Mulch placed to a thickness greater than specified shall be at no additional cost to the Contracting Agency. The Contractor shall keep plant material crowns, runners, and branches free of mulch at all times. (******) Large Woody Debris Description This work shall consist of furnishing and installing Large Woody Debris (LWD) where designated in the Plans. LWD includes anchored logs, tree tops, logs with roots, logs, and rootwads placed below the OHWM. LWD also includes unanchored logs with rootwad and habitat logs placed in buffer areas. Materials Materials required include logs, logs with roots, tree tops, rootwads, rock anchor systems, and boulders. Boulders are to be utilized according to Anchor Specifications in the Plans. See plans for large woody debris minimum dimensional requirements. LWD shall be sourced from trees to be removed from the project site according to the Plans. Logs, logs with rootwads, tree tops, and rootwads shall be per the Plans and notes. Length of logs and rootwads shall be measured from the ground line to the log end after coronet cut has been made. Diameter of logs and rootwads shall be measured at DBH (55 inches above the ground line). Hardware: The following referenced specifications are applicable the stated application: Application ASTM Specification Threaded rod ASTM A307 Grade A or B Nuts ASTM A563 Galvanizing A153, B695 Class 55 Shackles shall be self-locking screw pin type and shall conform to Federal Specification RR-C-271. 03/23/2023 165 Bridge washers shall be malleable cast iron conforming to ASTM A47 as manufactured by Portland Bolt & Manufacturing Company or Engineer-approved equal. All hardware shall be rated to a work load limit of at least 10,000 lbs. Epoxy adhesive shall be Type IV, for marine use, and meet the requirement of Section 9-26.1. Anchor chain for large woody debris shall be ½-inch, Grade 70 or higher, and have a minimum tensile breaking strength of 10,000 lbs. Construction Requirements The Contractor shall complete the submittals, preconstruction conference, and testing specified for the rock anchor systems prior to commencing large woody debris Work. The Contractor shall install logs and rootwads as detailed in plans. The first log and rootwad shall be placed under the supervision of the City Representative. All rocks and soil material attached to root masses of logs and rootwads shall be removed before installation. Do not remove bark from tree trunk or branches. Rock Anchor System Description This Work consists of constructing rock anchor systems to secure log structures. See Plans for Anchor Specifications Materials Materials required include all rods, devices, couplers and hardware as detailed in plans. Construction Requirements The Contractor shall select the type of rock anchor system and the installation method as detailed in Plans. The Contractor shall install the rock anchor system to withstand the load indicated in the Plans and verified by tests specified in this section. Submittals The Contractor shall submit a Working Drawing consisting of a detailed description of the construction procedure proposed for use. The Contractor shall submit a Working Drawing consisting of shop plans for the rock anchor. The Contractor shall submit a detailed description consisting of the method proposed to be followed for the rock anchor system testing. 03/23/2023 166 Preconstruction Conference A rock anchor system preconstruction conference shall be held at least 5 working days prior to the Contractor beginning any rock anchor system Work at the site to discuss construction procedures, personnel, and equipment to be used. The materials will also be discussed. Those attending shall include: 1. (representing the Contractor) The superintendent, on site supervisors, and all foremen in charge of installing and testing the earth anchor system. 2. (representing the Contracting Agency) The Project Engineer and key inspection personnel. If the Contractor’s key personnel change, or if the Contractor proposes a significant revision of the approved rock anchor system plan, an additional conference shall be held before any additional rock anchor system operations are performed. Testing Rock anchor system shall be tested. Five percent of the rock anchor systems or a minimum of three rock anchor systems, whichever is greater, shall be tested under the supervision of The Engineer, and The Engineer will record test data. The testing equipment shall consist of a mechanical force gauge capable of measuring up to 20,000 lb capacity minimum. Load ratings for the test rigging should be equal to or greater than the maximum load the equipment can produce and greater than the rated breaking strength of the strap attached to the anchor. Test equipment should not be operated at loads greater than the rated breaking strength of the anchor strap. When a rock anchor system fails, the Contractor shall modify the design, the construction procedures, or both. These modifications may include, but are not limited to, installing replacement rock anchor systems, modifying the installation methods, or changing the anchor location. Any modification that requires changes to the location shall have prior approval of the Engineer. Any modifications of design or construction procedures shall be at the Contractor’s expense. 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. 03/23/2023 167 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 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 03/23/2023 168 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 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. 03/23/2023 169 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: (******) 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. 03/23/2023 170 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 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 03/23/2023 171 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. 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: 03/23/2023 172 (******) 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. 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 03/23/2023 173 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. 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. 03/23/2023 174 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 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 03/23/2023 175 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 (******) 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. 03/23/2023 176 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. 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: 03/23/2023 177 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/Field: 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 high solids urethane (1.5-2.0 DFT) Finish: One coat of Wasser MC- Shieldcoat 100 (1.5-2.0 DFT) 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. 03/23/2023 178 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) 9-14.6(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 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. 03/23/2023 179 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. 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. 03/23/2023 180 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 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 03/23/2023 181 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. 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. 03/23/2023 182 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. 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. 03/23/2023 183 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) 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. 03/23/2023 184 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. Appendix A Washington State Department of Fish and Wildlife Hydraulic Permit Approval #2019-4-426+01 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton ATTENTION: Dave Christensen Kristi Rettmann 1055 South Grady Way - 5th floor 11130 NE 33rd Pl, Suite 200 Renton, WA 98057 Bellevue, WA 98004-1465 Project Name:Thunder Hills Sanitary Sewer Interceptor Replacement Project Description:The proposed Thunder Hills Sanitary Sewer Interceptor Replacement project is a sewer line replacement project in the segment from the intersection of Grant Avenue South and South 18th Street to I-405. Thunder Hills Creek is in a steep, narrow ravine that is incised from stream flows. The Thunder Hills Sanitary Sewer Interceptor traverses along and crosses under Thunder Hills Creek within this ravine. A maintenance road/trail used for access to the sewer main is also located along the creek alignment.The City is proposing to make improvements to approximately 2,050 lineal feet of sewer main.The sewer line will be improved through a mix of parallel HDPE pipelines and rehabilitation of the existing line using a cured-in-place pipe (CIPP) lining technology. Nine pieces of large woody material will be installed near the lower end of the project site to enhance fish habitat where fish have access to the stream. PROVISIONS 1. TIMING LIMITATIONS: You may begin the project immediately, and you must complete the project by July 11, 2024, provided work within the wetted perimeter must occur only between July 1 and September 30. 2. APPROVED PLANS: You must accomplish the work per plans and specifications submitted with the application and approved by the Washington Department of Fish and Wildlife (WDFW) entitled, ³THUNDER HILLS SEWER INTERCEPTOR REHABILITATION PREPARED FOR: STANTEC´dated last revised May 14, 2018, and per the technical memorandum entitled, "Subject: Springbrook Creek Mitigation Bank Use Plan", updated May 29, 2019, except as modified by this Hydraulic Project Approval (HPA). You must have a copy of these plans and this HPA available on site during all phases of the project proposal. 3. INVASIVE SPECIES CONTROL: Thoroughly clean all equipment and gear before arriving and leaving the job site to prevent the transport and introduction of aquatic invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. You can find additional information in the WDFW's Invasive Species Management Protocols (November 2012), available online at http://wdfw.wa.gov/publications/01490/wdfw01490.pdf. NOTIFICATION REQUIREMENTS 4. PRE- AND POST-CONSTRUCTION NOTIFICATION: You, your agent, or contractor must contact WDFW by e-mail to larry.fisher@dfw.wa.gov and to HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia, Washington 98504-3234; or fax to (360) 902-2946 at least three business days before starting work, and again within seven days after completing the work. The notification must include the permittee's name, project location, starting date for work or date the work was completed, and the permit number. WDFW may conduct inspections during and after construction; however, WDFW will notify you or your agent before conducting the inspection. Page 1 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 5. 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 upload the photographs to the post-permit requirement page in the Aquatic Protection Permitting System (APPS) or mail them to WDFW at Post Office Box 43234, Olympia, Washington 98504- 3234 within 30-days after the work is completed. 6. 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 WDFW Habitat Biologist at 425-449-6790 of the problem. 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 WDFW gives approval. WDFW may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS, AND EQUIPMENT 7. Establish staging areas (used for equipment storage, vehicle storage, fueling, servicing, and hazardous material storage) in a location and manner that will prevent contaminants such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other toxic or harmful materials from entering waters of the state. 8. Design and locate new temporary access roads to prevent erosion and sediment delivery to waters of the state. 9. Clearly mark boundaries to establish the limit of work associated with site access and construction. 10. Limit the removal of native riparian vegetation to the minimum amount needed to construct the project. 11. Retain all natural habitat features on the bed or banks including large woody material and boulders. You may move these natural habitat features during construction but you must place them near the preproject location before leaving the job site. 12. Confine the use of equipment to the specific access and work corridor shown in the approved plans. 13. Remove soil or debris from the drive mechanisms (wheels, tires, tracks, etc.) and undercarriage of equipment prior to operating the equipment waterward of the ordinary high water line (OHWL). 14. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 15. 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 16. Protect all disturbed areas from erosion. Maintain erosion and sediment control until all work and cleanup of the job site is complete. 17. All erosion control materials that will remain onsite must be composed of 100% biodegradable materials. 18. Straw used for erosion and sediment control, must be certified free of noxious weeds and their seeds. 19. Stop all hydraulic project activities except those needed to control erosion and siltation, if flow conditions arise that will result in erosion or siltation of waters of the state. 20. Prevent project contaminants, such as petroleum products, hydraulic fluid, fresh concrete, sediments, sediment- Page 2 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 APPLY TO ALL HYDRAULIC PROJECT APPROVALS LOCATION #1:Site Name: Thunder Creek , , WA WORK START:July 12, 2019 WORK END:July 11, 2024 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 47.464284 -122.19925 King Location #1 Driving Directions laden water, chemicals, or any other toxic or harmful materials, from entering or leaching into waters of the state. 21. 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 WDFW for reuse in the project. LARGE WOOD INSTALLATION 22. Place large wood or other materials consistent with natural stream processes as shown in the approved plans. 23. Avoid damaging existing vegetation when placing the large woody material. 24. Use fir, cedar, or other coniferous species to construct the log or rootwad fish habitat structures and securely anchor them in a manner to withstand a 100-year flood event. DEMOBILIZATION AND CLEANUP 25. Seed areas disturbed by construction activities with a seed mix suitable for the site that has at least one quick- establishing plant species. 26. Complete installation of the approved planting plan (Provision 2) prior to the end of the first dormant season (late fall through late winter) completing other project components. Maintain plantings for at least three years to ensure at least eighty percent of each species or a contingency species approved by the habitat biologist survives. Failure to achieve the eighty percent survival in year three will require you to submit a plan with follow-up measures to achieve requirements or reasons to modify requirements. 27. Remove temporary erosion and sediment control methods after the job site is stabilized or within three months of project completion, whichever is sooner. Page 3 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 This Hydraulic Project Approval pertains only to those requirements of the Washington State Hydraulic Code, specifically Chapter 77.55 RCW. Additional authorization from other public agencies may be necessary for this project. The person(s) to whom this Hydraulic Project Approval is issued is responsible for applying for and obtaining any additional authorization from other public agencies (local, state and/or federal) that may be necessary for this project. This Hydraulic Project Approval shall be available on the job site at all times and all its provisions followed by the person (s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work. This Hydraulic Project Approval does not authorize trespass. The person(s) to whom this Hydraulic Project Approval is issued and operator(s) performing the work may be held liable for any loss or damage to fish life or fish habitat that results from failure to comply with the provisions of this Hydraulic Project Approval. Failure to comply with the provisions of this Hydraulic Project Approval could result in a civil penalty of up to one hundred dollars per day and/or a gross misdemeanor 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. Page 4 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 MAJOR MODIFICATIONS TO THIS HPA: You may request approval of major modifications to any aspect of your HPA. Any approved change other than a minor modification to your HPA will require issuance of a new HPA. If you originally applied for your HPA through the online Aquatic Protection Permitting System (APPS), you may request a major modification through APPS. A link to APPS is at http://wdfw.wa.gov/licensing/hpa/. If you did not use APPS you must submit a written request that clearly indicates you are requesting a major modification to an existing HPA. Written requests must include the name of the applicant, the name of the authorized agent if one is acting for the applicant, the APP ID number of the HPA, the date issued, the permitting biologist, the requested changes to the HPA, the reason for the requested change, the date of the request, and the requestor's signature. Send your written request by mail to: Washington Department of Fish and Wildlife, PO Box 43234, Olympia, Washington 98504-3234. You may email your request for a major modification to HPAapplications@dfw.wa.gov. You should allow up to 45 days for the department to process your request. APPEALS INFORMATION If you wish to appeal the issuance, denial, conditioning, or modification of a Hydraulic Project Approval (HPA), Washington Department of Fish and Wildlife (WDFW) recommends that you first contact the department employee who issued or denied the HPA to discuss your concerns. Such a discussion may resolve your concerns without the need for further appeal action. If you proceed with an appeal, you may request an informal or formal appeal. WDFW encourages you to take advantage of the informal appeal process before initiating a formal appeal. The informal appeal process includes a review by department management of the HPA or denial and often resolves issues faster and with less legal complexity than the formal appeal process. If the informal appeal process does not resolve your concerns, you may advance your appeal to the formal process. You may contact the HPA Appeals Coordinator at (360) 902-2534 for more information. A. INFORMAL APPEALS: WAC 220-660-460 is the rule describing how to request an informal appeal of WDFW actions taken under Chapter 77.55 RCW. Please refer to that rule for complete informal appeal procedures. The following information summarizes that rule. 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. Page 5 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 A person who is aggrieved by the issuance, denial, conditioning, or modification of an HPA may request a formal appeal of that action. You must send your request for a formal appeal to the clerk of the Pollution Control Hearings Boards and serve a copy on WDFW within 30 days from the date you receive notice of the decision. You may serve WDFW by mail to the HPA Appeals Coordinator, Department of Fish and Wildlife, Habitat Program, PO Box 43234, Olympia, Washington 98504-3234; e-mail to HPAapplications@dfw.wa.gov; fax to (360) 902-2946; or hand-delivery to the Natural Resources Building, 1111 Washington St SE, Habitat Program, Fifth floor. The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, you may request a formal appeal within 30 days from the date you receive the Director's or designee's written decision in response to the informal appeal. C. FAILURE TO APPEAL WITHIN THE REQUIRED TIME PERIODS: If there is no timely request for an appeal, the WDFW action shall be final and unappealable. Habitat Biologist Larry.Fisher@dfw.wa.gov for Director WDFWLarry Fisher 425-449-6790 Page 6 of 6 HYDRAULIC PROJECT APPROVAL Washington Department of Fish & Wildlife PO Box 43234 Olympia, WA 98504-3234 (360) 902-2200 Permit Number: 2019-4-426+01 FPA/Public Notice Number: N/A Application ID: 17280 Project End Date: July 11, 2024 Issued Date: July 12, 2019 Appendix B Army Corps of Engineers: NWS-2019-144 NWP14 NWP58 DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT 4735 EAST MARGINAL WAY SOUTH, BLDG 1202 SEATTLE, WA 98134-2388 Regulatory Branch March 15, 2023 Mr. Joe Stowell City of Renton 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2019-144 Renton, City of (Thunder Hills Sanitary Sewer Replacement) Dear Mr. Stowell: We have reviewed your application to place fill in 0.03 of an acre of wetlands to install 2,050 linear feet of sewer main and improve the existing access road in “Wetland E”, “Wetland F”, “Wetland A”, Thunder Hills Creek, and “Stream G” at Renton, King County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 58, Utility Line Activities for Water and Other Substances (Federal Register January 13, 2021, Vol. 86, No. 8), and three verifications of NWP 14, Linear Transportation Projects (Federal Register December 27, 2021 Vol. 86, No. 245), authorizes your proposal as depicted on the enclosed drawings dated May 29, 2019. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 58 and 14, Terms and Conditions and the following special conditions: a. You shall implement and abide by the Springbrook Creek Mitigation Bank Use Plan dated 29 October 2019, and obtain mitigation bank credits from the Springbrook Mitigation Bank in accordance with Table 2 of the Bank Use Plan. b. You shall obtain from the Springbrook Mitigation Bank sponsor documentation of the completed mitigation bank transaction. You shall submit to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch documentation on the completed mitigation bank transaction prior to performing work in waters of the U.S. authorized by this permit. All submittals must prominently display the reference number NWS-2019-144. -2- 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. A conditioned Water Quality Certification (WQC) (Order Number: 21524, dated January 10, 2023 and Coastal Zone Management (CZM) consistency determination decision dated January 12, 2023 has been issued by the Washington State Department of Ecology for your project and is enclosed. You must comply with the conditions specified in the WQC and CZM decision for this NWP authorization to be valid. 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 14, 2026, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work for the NWP authorization has not been completed by that date and you have commenced or are under contract to commence this activity before March 14, 2026, you will have until March 14, 2027, 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 and/or Section 10 of the Rivers and Harbors Act. You must also obtain all local, State, and other Federal permits that apply to this project. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. All compliance reports should be submitted to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch electronically at nws.compliance@usace.army.mil. 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. Referenced documents and information about our program are available on our website -3- at www.nws.usace.army.mil, select “Regulatory Permit Information”. An electronic copy of this letter with enclosures will be furnished to JNewman@Rentonwa.gov. If you have any questions, please contact me at samantha.m.stanford@usace.army.mil or (206) 764-6182. Sincerely, Samantha Stanford, Project Manager Regulatory Branch Enclosures cc: Ecology (ecyrefedpermits@ecy.wa.gov) NATIONWIDE PERMIT 14 Terms and Conditions 2021 NWPs - Final 41; Effective Date: February 25, 2022 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 41 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) for this NWP F. 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 14. Linear Transportation Projects. Activities required for crossings of waters of the United States associated with the construction, expansion, modification, or improvement of linear transportation projects (e.g., roads, highways, railways, trails, driveways, airport runways, and taxiways) in waters of the United States. For linear transportation projects in non-tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/2-acre of waters of the United States. For linear transportation projects in tidal waters, the discharge of dredged or fill material cannot cause the loss of greater than 1/3 - acre of waters of the United States. Any stream channel modification, including bank stabil ization, is limited to the minimum necessary to construct or protect the linear transportation project; such modifications must be in the immediate vicinity of the project. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to construct the linear transportation project. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flo ws. 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. This NWP cannot be used to authorize non-linear features commonly associated with transportation projects, such as vehicle maintenance or storage buildings, parking lots, train stations, or aircraft hangars. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) the loss of waters of the United States exceeds 1/10-acre; or (2) there is a discharge of dredged or fill material in a special aquatic site, including wetlands. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: For linear transportation projects crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Linear transportation projects must comply with 33 CFR 330.6(d). Note 2: Some discharges of dredged or fill material for the construction of farm roads or forest roads, or temporary roads for moving mining equipment, may qualify for an exemption under Section 404(f) of the Clean Water Act (see 33 CFR 323.4). 2 Note 3: For NWP 14 activities that require pre-construction notification, the PCN must include any other NWP(s), regional general permit(s), or individual permit(s) used or inten ded to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 41 Note: 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. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. Every pers on 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 or her authorized representative, said structure or work s hall 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 d esigned 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. 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. 3 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 Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. 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 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. Permittees shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has 4 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 activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 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 designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstr ate 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 species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designati on, 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) 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. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) 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 species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference 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 or conference 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 5 Endangered Species Act prohibits any person subject to the jurisdiction o f 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/s pecies/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects 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) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places 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 (see 33 CFR 330.4(g)(1)). 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 6 Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or 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. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has 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. 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. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishi ng the activity authorized by an NWP, they must immediately notify the district engineer of what they 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, 52, 57 and 58 for a ny 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 by permittees in the 7 designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines 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) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-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. This compensatory mitigation requirement may be satisfie d through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-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. Compensatory mitigation for losses of streams should be provided, if practicable, through stream reh abilitation, 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 . If restoring riparian areas involves planting vegetation, only native species should be planted. 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. 8 (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 minima l 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 engin eer 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 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)). If permittee -responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (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 9 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 or federal, 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. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority 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)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. 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 CWA 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 authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot 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. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 acre. 10 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 t he 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 certificatio n 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 review by, or 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 and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review 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 3 0 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 11 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 s pecies 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. 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 author ize the proposed activity; (4) (i) 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 advers e environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. (ii) For linear projects where one or more single and complete crossings require pre -construction notification, 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 (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. 12 (iii) 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 and intermittent 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 or 3/100-acre of stream bed 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical ha bitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habit at (or critical habitat proposed for such designation) 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 Endangere d 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 NWP activity that requires permission from, or review by, 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, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. 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 th e NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. 13 (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 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 (iii) 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 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 decisio n 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 that 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 admini strative 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 proc edures 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 coordinati on. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 41 NWPs for the Seattle District in Washington State, as applicable. RGC 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 United States 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. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. RGC 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) cannot be authorized by NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). 14 RGC 5, Bank Stabilization All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Cor ps: 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. RGC 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 U.S. Army 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. 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. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries Permittees must clearly mark all construction area boundaries within waters of the United States 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. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species; Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) 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 NMFS, 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 the NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. 15 D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: NWP 14 Specific Regional Conditions: 1. A pre-construction notification must be submitted to the district engineer (see NWP general condition 32) for linear transportation project crossings in tidal waters. E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, Ecology may need to review the project if one of the following state general conditions is triggered. This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity 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). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that 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 the project meets this programmatic WQC or will require individual WQC. 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. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: 16 i. 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 forested wetlands and mature forested wetlands. • Wetlands in coastal lagoons. • Wetlands in dunal systems along the Washington coast. • Vernal pools. • Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. This state general condition does not apply to the following NWPs: NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents 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 WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan 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. 17 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 toward 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 approaches 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. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. 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. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part of the proposed project or any related activity. c. Drawings indicating the OHWM, delineation of special aquatic sites, and other waters of 18 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. d. 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. e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants with conditions Water Quality Certification (WQC) for this NWP provided that Ecology individual WQC review is not required per the state general conditions (see above) and the following conditions: 1. Ecology WQC review is required if the project or activity is in a known contaminated or cleanup site to determine if an individual WQC is required or the project meets the programmatic WQC for this NWP. 2. Ecology individual WQC is required for projects or activities authorized under this NWP if: a. The project or activity impacts more than 1/3 acre of waters; or b. This NWP is authorized in conjunction with any other NWP. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): On behalf of the 28 tribes that do not have treatment in a similar manner as a state and for exclusive federal jurisdiction lands located within the state of Washington, EPA Region 10 has determined that CWA Section 401 WQC for the following proposed NWPs is granted with conditions. EPA Region 10 has determined that any discharge authorized under the following proposed NWPs will comply with water quality requirements, as defined at 40 C.F.R. § 121.1(n), subject to the following conditions pursuant to CWA Section 401(d). General Conditions: EPA General Condition 1 – Aquatic Resources of Special Concern Activities resulting in a point source discharge in the following types of aquatic resources of special concern shall request an individual project-specific CWA Section 401 WQC: mature forested wetlands; bogs, fens and other peatlands; vernal pools; aspen-dominated wetlands; alkali wetlands; camas prairie wetlands; wetlands in dunal systems along the Oregon or Washington Coast; riffle-pool complexes of streams; marine or estuarine mud-flats; salt marshes; marine waters with native eelgrass or kelp beds; or marine nearshore forage fish habitat. To identify whether a project would occur in any of these aquatic resources of special concern, project proponents shall use existing and available information to identify the location and type of resources, including using the U.S. Fish and Wildlife Service’s online digital National Wetland Inventory maps, identifying project location on topographical maps, and/or providing on-site determinations as required by the Corps. When a project requires a Pre- Construction Notification (PCN) to the Corps, project proponents shall work with the Corps to identify whether the project is in any of these specific aquatic resources of special concern. 19 EPA General Condition 2 – Soil Erosion and Sediment Controls Turbidity shall not exceed background turbidity by more than 50 Nephelometric Turbidity Units (NTU) above background instantaneously or more than 25 NTU above background for more than ten consecutive days.8 Projects or activities that are expected to exceed these levels require an individual project-specific CWA Section 401 WQC. The turbidity standard shall be met at the following distances from the discharge: Wetted Stream Width at Discharge Point Approximate Downstream Point to Sample to Determine Compliance Up to 30 feet 50 feet >30 to 100 feet 100 feet >100 feet to 200 feet 200 feet >200 feet 300 feet Lake, Pond, Reservoir Lesser of 100 feet or maximum surface distance For Marine Water Point of Compliance for Temporary Area of Mixing Estuaries or Marine Waters Radius of 150 feet from the activity causing the turbidity exceedance Measures to prevent and/or reduce turbidity shall be implemented and monitored prior to, during, and after construction. Turbidity monitoring shall be done at the point of compliance within 24 hours of a precipitation event of 0.25 inches or greater. During monitoring and maintenance, if turbidity limits are exceeded or if measures are identified as ineffective, then additional measures shall be taken to come into compliance and EPA shall be notified within 48 hours of the exceedance or measure failure. EPA General Condition 3 - Compliance with Stormwater Pollution Prevention and the National Pollutant Discharge Elimination System Permit Provisions For land disturbances during construction that 1) disturb one or more acres of land, or 2) will disturb less than one acre of land but are part of a common plan of development or sale that will ultimately disturb one or more acres of land, the permittee shall obtain and implement Construction Stormwater General Permit requirements,9 including: 1. The permittee shall develop a Stormwater Pollution Prevention Plan (SWPPP)10 and submit it to EPA Region 10 and appropriate Corps District; and 2. Following construction, prevention or treatment of ongoing stormwater runoff from impervious surfaces that includes soil infiltration shall be implemented. EPA General Condition 4 – Projects or Activities Discharging to Impaired Waters Projects or activities are not authorized under the NWPs if the project will involve point source discharges into an active channel (e.g., flowing or open waters) of a water of the U.S. listed as impaired under CWA Section 303(d) and/or if the waterbody has an approved Total Maximum Daily Load (TMDL) and the discharge may result in further exceedance of a specific parameter (e.g., total suspended solids, dissolved oxygen, temperature) for which the waterbody is listed or has an approved TMDL. The current lists of impaired waters of the U.S. under CWA Section 303(d) and waters of the U.S. for which a TMDL has been approved are available on EPA Region 10’s web site at: https://www.epa.gov/tmdl/impaired-waters-and-tmdls-region-10. 20 EPA General Condition 5 – Notice to EPA All project proponents shall provide notice to EPA Region 10 prior to commencing construction activities authorized by a NWP. This will provide EPA Region 10 with the opportunity to inspect the activity for the purposes of determining whether any discharge from the proposed project will violate this CWA Section 401 WQC. Where the Corps requires a PCN for an applicable NWP, the project proponent shall also provide the PCN to EPA Region 10. EPA Region 10 will provide written notification to the project proponent if the proposed project will violate the water quality certification of the NWP. EPA General Condition 6 – Unsuitable Materials The project proponent shall not use wood products treated with leachable chemical components (e.g., copper, arsenic, zinc, creosote, chromium, chloride, fluoride, pentachlorophenol), which result in a discharge to waters of the U.S., unless the wood products meet the following criteria: 1. Wood preservatives and their application shall be in compliance with EPA label requirements and criteria of approved EPA Registration Documents under the Federal Insecticide, Fungicide, and Rodenticide Act; 2. Use of chemically treated wood products shall follow the Western Wood Preservatives Institute (WWPI) guidelines and BMPs to minimize the preservative migrating from treated wood into the aquatic environment; 3. For new or replacement wood structures, the wood shall be sealed with non-toxic products such as water-based silica or soy-based water repellants or sealers to prevent or limit leaching. Acceptable alternatives to chemically treated wood include untreated wood, steel (painted, unpainted or coated with epoxy petroleum compound or plastic), concrete and plastic lumber; and 4. All removal of chemically treated wood products (including pilings) shall follow the most recent “EPA Region 10 Best Management Practices for Piling Removal and Placement in Washington State.” EPA NWP Specific Conditions: NWP 14 is conditionally certified, subject to the general conditions listed above, except that an individual project-specific WQC is required for projects authorized under one or more NWP by the Corps that result(s) in: 1. Greater than 1/10 acre of impacts to waters of the U.S.; or 2. Greater than 300 linear feet of impacts to waters of the U.S. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians . WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur with conditions that this NWP is consis tent with CZMA. CZM Federal Consistency Response – Concur with Conditions. 1. A CZM Federal Consistency Decision is required for projects or activities under this NWP if a State 401 Water Quality Certification is required. 2. A CZM Federal Consistency Decision is required for projects or activities under this NWP if they are pre-empting local or state permit requirements necessary to demonstrate compliance with 21 the CZMP’s enforceable policies. 22 Seattle District Regional General Conditions - Figures Figure 1: RGC 3 - WRIAs 8, 9, 10, 11, and 12 a. WRIA 8 23 b. WRIA 9 24 c. WRIA 10 25 d. WRIA 12 26 e. WRIA 11 27 Figure 2. RGC 4 - Commencement Bay Study Area NATIONWIDE PERMIT 58 Terms and Conditions 2021 NWPs - Final 16; Effective Date: March 15, 2021 Revised April 7, 2022 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for All Final 16 NWPs C. Seattle District Regional General Conditions D. Seattle District Regional Specific Conditions for this Nationwide Permit (NWP) E. 401 Water Quality Certification (401 WQC) F. 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 58. Utility Line Activities for Water and Other Substances. Activities required for the construction, maintenance, repair, and removal of utility lines for water and other substances, excluding oil, natural gas, products derived from oil or natural gas, and electricity. Oil or natural gas pipeline activities or electric utility line and telecommunications activities may be authorized by NWPs 12 or 57, respectively. This NWP also authorizes associated utility line facilities in waters of the United States, provided the activity does not result in the loss of greater than 1/2-acre of waters of the United States for each single and complete project. Utility lines: This NWP authorizes discharges of dredged or fill material into waters of the United States and structures or work in navigable waters for crossings of those waters associated with the construction, maintenance, or repair of utility lines for water and other substances, including outfall and intake structures. There must be no change in pre-construction contours of waters of the United States. A “utility line” is defined as any pipe or pipeline for the transportation of any gaseous, liquid, liquescent, or slurry substance, for any purpose that is not oil, natural gas, or petrochemicals. Examples of activities authorized by this NWP include utility lines that convey water, sewage, stormwater, wastewater, brine, irrigation water, and industrial products that are not petrochemicals. The term “utility line” does not include activities that drain a water of the United States, such as drainage tile or french drains, but it does apply to pipes conveying drainage from another area. Material resulting from trench excavation may be temporarily sidecast into waters of the United States for no more than three months, provided the material is not placed in such a manner that it is dispersed by currents or other forces. The district engineer may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. In wetlands, the top 6 to 12 inches of the trench should normally be backfilled with topsoil from the trench. The trench cannot be constructed or backfilled in such a manner as to drain waters of the United States (e.g., backfilling with extensive gravel layers, creating a french drain effect). Any exposed slopes and stream banks must be stabilized immediately upon completion of the utility line crossing of each waterbody. Utility line substations: This NWP authorizes the construction, maintenance, or expansion of substation facilities associated with a utility line in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not result in the loss of greater than 1/2-acre of waters of the United States. This NWP does not authorize discharges of dredged or fill material into non-tidal wetlands adjacent to tidal waters of the United States to construct, maintain, or expand substation facilities. 2 Foundations for above-ground utility lines: This NWP authorizes the construction or maintenance of foundations for above-ground utility lines in all waters of the United States, provided the foundations are the minimum size necessary. Access roads: This NWP authorizes the construction of access roads for the construction and maintenance of utility lines, including utility line substations, in non-tidal waters of the United States, provided the activity, in combination with all other activities included in one single and complete project, does not cause the loss of greater than 1/2-acre of non-tidal waters of the United States. This NWP does not authorize discharges of dredged or fill material into non-tidal wetlands adjacent to tidal waters for access roads. Access roads must be the minimum width necessary (see Note 2, below). Access roads must be constructed so that the length of the road minimizes any adverse effects on waters of the United States and must be as near as possible to pre-construction contours and elevations (e.g., at grade corduroy roads or geotextile/gravel roads). Access roads constructed above pre-construction contours and elevations in waters of the United States must be properly bridged or culverted to maintain surface flows. This NWP may authorize utility lines in or affecting navigable waters of the United States even if there is no associated discharge of dredged or fill material (see 33 CFR part 322). Overhead utility lines constructed over section 10 waters and utility lines that are routed in or under section 10 waters without a discharge of dredged or fill material require a section 10 permit. This NWP authorizes, to the extent that Department of the Army authorization is required, temporary structures, fills, and work necessary for the remediation of inadvertent returns of drilling fluids to waters of the United States through sub-soil fissures or fractures that might occur during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. These remediation activities must be done as soon as practicable, to restore the affected waterbody. District engineers may add special conditions to this NWP to require a remediation plan for addressing inadvertent returns of drilling fluids to waters of the United States during horizontal directional drilling activities conducted for the purpose of installing or replacing utility lines. This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the utility line 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 of dredged or fill material, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After construction, 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. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing the activity if: (1) a section 10 permit is required; or (2) the discharge will result in the loss of greater than 1/10-acre of waters of the United States. (See general condition 32.) (Authorities: Sections 10 and 404) Note 1: Where the utility line is constructed, installed, or maintained in navigable waters of the United States (i.e., section 10 waters) within the coastal United States, the Great Lakes, and United States territories, a copy of the NWP verification will be sent by the Corps to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), for charting the utility line to protect navigation. Note 2: For utility line activities crossing a single waterbody more than one time at separate and distant locations, or multiple waterbodies at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. Utility line activities must comply with 33 CFR 330.6(d). Note 3: Access roads used for both construction and maintenance may be authorized, provided they meet the terms and conditions of this NWP. Access roads used solely for construction of the utility line must be removed upon completion of the work, in accordance with the requirements for temporary fills. 3 Note 4: Pipes or pipelines used to transport gaseous, liquid, liquescent, or slurry substances over navigable waters of the United States are considered to be bridges, not utility lines, and may require a permit from the U.S. Coast Guard pursuant to the General Bridge Act of 1946. However, any discharges of dredged or fill material into waters of the United States associated with such pipelines will require a section 404 permit (see NWP 15). Note 5: This NWP authorizes utility line maintenance and repair activities that do not qualify for the Clean Water Act section 404(f) exemption for maintenance of currently serviceable fills or fill structures. Note 6: For activities that require pre-construction notification, the PCN must include 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 that require Department of the Army authorization but do not require pre-construction notification (see paragraph (b)(4) of general condition 32). The district engineer will evaluate the PCN in accordance with Section D, “District Engineer’s Decision.” The district engineer may require mitigation to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see general condition 23). B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL 2021 NWPs - FINAL 16 Note: 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. Prospective permittees should contact the appropriate Corps district office to determine if regional conditions have been imposed on an NWP. Prospective permittees should also contact the appropriate Corps district office to determine the status of Clean Water Act Section 401 water quality certification and/or Coastal Zone Management Act consistency for an NWP. 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 or her 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 Structures and Fills. Temporary structures must be removed, to the maximum extent practicable, after their use has been discontinued. 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. 5 (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. Permittees 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 activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 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 designated critical habitat or critical habitat proposed for such designation. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the consequences of the proposed activity on listed species or critical habitat has been completed. See 50 CFR 402.02 for the definition of “effects of the action” for the purposes of ESA section 7 consultation, as well as 50 CFR 402.17, which provides further explanation under ESA section 7 regarding “activities that are reasonably certain to occur” and “consequences caused by the proposed action.” (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA (see 33 CFR 330.4(f)(1)). 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 species proposed for listing) or designated critical habitat (or critical habitat proposed such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat or critical habitat proposed for such designation, 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation), the pre-construction notification must include the name(s) of the endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or that utilize the designated critical habitat (or critical habitat proposed for such designation) 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. For activities where the non-Federal applicant has identified listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) 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 species proposed for listing or designated critical habitat (or critical habitat proposed for such designation), or until ESA section 7 consultation or conference 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. 6 (d) As a result of formal or informal consultation or conference 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 “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 that an action authorized by an NWP complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting the appropriate local office of the U.S. Fish and Wildlife Service to determine what measures, if any, are necessary or appropriate to reduce adverse effects 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) No activity is authorized under any NWP which may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places 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 (see 33 CFR 330.4(g)(1)). 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 7 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 commensurate with potential impacts, which may include background research, consultation, oral history interviews, sample field investigation, and/or 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. (d) Where the non-Federal applicant has identified historic properties on which the proposed NWP activity might have the potential to cause effects and has 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. 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. Permittees that discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by an NWP, they must immediately notify the district engineer of what they 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. 8 (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, 52, 57 and 58 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 by permittees in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after she or he determines 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) Compensatory mitigation at a minimum one-for-one ratio will be required for all losses of stream bed that exceed 3/100-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. This compensatory mitigation requirement may be satisfied through the restoration or enhancement of riparian areas next to streams in accordance with paragraph (e) of this general condition. For losses of stream bed of 3/100-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. 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. If restoring riparian areas involves planting vegetation, only native species should be planted. 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. 9 (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 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)). If permittee-responsible mitigation is the proposed option, and the proposed compensatory mitigation site is located on land in which another federal agency holds an easement, the district engineer will coordinate with that federal agency to determine if proposed compensatory mitigation project is compatible with the terms of the easement. (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan needs to address only the baseline conditions at the impact site and the number of credits to be provided (see 33 CFR 332.4(c)(1)(ii)). (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. 10 (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 or federal, 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. (a) Where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee must obtain a water quality certification or waiver for the proposed discharge in order for the activity to be authorized by an NWP. (b) If the NWP activity requires pre-construction notification and the certifying authority has not previously certified compliance of an NWP with CWA section 401, the proposed discharge is not authorized by an NWP until water quality certification is obtained or waived. If the certifying authority issues a water quality certification for the proposed discharge, the permittee must submit a copy of the certification to the district engineer. The discharge is not authorized by an NWP until the district engineer has notified the permittee that the water quality certification requirement has been satisfied by the issuance of a water quality certification or a waiver. (c) The district engineer or certifying authority 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)). If the permittee cannot comply with all of the conditions of a coastal zone management consistency concurrence previously issued by the state, then the permittee must obtain an individual coastal zone management consistency concurrence or presumption of concurrence in order for the activity to be authorized by an NWP. 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 CWA 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 authorized, subject to the following restrictions: (a) If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot 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. (b) If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 11 cannot exceed 1/2-acre, and the total acreage loss of waters of United States due to the NWP 39 and 46 activities cannot exceed 1 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 review by, or 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 and/or review is not authorized by an NWP until the appropriate Corps office issues the section 408 permission or completes its review 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 12 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. 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) (i) 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. (ii) For linear projects where one or more single and complete crossings require pre-construction notification, 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 (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs. 13 (iii) 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 and intermittent 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 or 3/100-acre of stream bed 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 species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) 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 NWP activity that requires permission from, or review by, 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, or review by, the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The nationwide permit pre-construction notification form (Form ENG 6082) should be used for NWP PCNs. 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 13 activities in excess of 14 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iii) 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 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 that 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. C. SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to the 2021 NWPs - Final 16 NWPs for the Seattle District in Washington State, as applicable. RGC 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 United States 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. RGC 2, Aquatic Resources Requiring Special Protection A PCN is required for activities resulting in a loss of waters of the United States in wetlands in dunal systems along the Washington coast, mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, and wetlands in coastal lagoons. RGC 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) cannot be authorized by NWP. RGC 4, Commencement Bay No permanent losses of wetlands or mudflats within the Commencement Bay Study Area may be authorized by any NWP (see Figure 2). RGC 5, Bank Stabilization 15 All projects including new or maintenance bank stabilization activities in waters of the United States where salmonid species are present or could be present, requires PCN to the U.S. Army Corps of Engineers (Corps) (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps: 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. RGC 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 U.S. Army 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. 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. RGC 7, Stream Loss A PCN is required for all activities that result in the loss of any linear feet of streams. RGC 8, Construction Boundaries Permittees must clearly mark all construction area boundaries within waters of the United States 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. RGC 9, ESA Reporting to NMFS For any nationwide permit that may affect threatened or endangered species; Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries, National Marine Fisheries Service (NMFS) 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 NMFS, 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 the NMFS to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. D. SEATTLE DISTRICT REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: None 16 E. 401 WATER QUALITY CERTIFICATION: Depending on the geographic region of the work authorized by this verification, the appropriate 401 certifying authority has made the following determinations: Washington Department of Ecology (Ecology) (Projects in all areas except as described for the other certifying agencies listed below): General and Specific WQC Conditions A. State General Conditions for all Nationwide Permits In addition to all of the U.S. Army Corps of Engineers’ (Corps) national and Seattle District’s regional permit conditions, the following state general Water Quality Certification (WQC) conditions apply to all NWPs whether granted or granted with conditions in Washington where Ecology is the certifying authority. Due to the lack of site specific information on the discharge types, quantities, and specific locations, as well as the condition of receiving waters and the quantity of waters (including wetlands) that may be lost, Ecology may need to review the project if one of the following state general conditions is triggered. This case-by-case review may be required, and additional information regarding the project and associated discharges may be needed, to verify that the proposed project would comply with state water quality requirements and if an individual WQC is required or if the project meets this programmatic WQC. 1. In-water construction activities. Ecology WQC review is required for projects or activities authorized under NWPs where the project proponent has indicated on the Joint Aquatic Resource Permit Application (JARPA) question 9e that the project or activity will not meet State water quality standards, or has provided information indicating that the project or activity 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). Note: In-water activities include any activity within a jurisdictional wetland and/or waters. 2. Projects or Activities Discharging to Impaired Waters. Ecology WQC review is required for projects or activities that 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 the project meets this programmatic WQC or will require individual WQC. 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. Aquatic resources requiring special protection. Certain aquatic resources are unique and difficult-to-replace components of the aquatic environment in Washington. Activities that would affect these resources must be avoided to the greatest extent practicable. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology WQC review is required for projects or activities in areas identified below to determine if the project meets this programmatic WQC or will require individual WQC. a. Activities in or affecting the following aquatic resources: i. 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. 17  Old-growth forested wetlands and mature forested wetlands.  Wetlands in coastal lagoons.  Wetlands in dunal systems along the Washington coast.  Vernal pools.  Alkali wetlands. ii. Fens, aspen-dominated wetlands, camas prairie wetlands. iii. Category I wetlands. iv. Category II wetlands with a habitat score ≥ 8 points. b. Activities in or resulting in a loss of eelgrass (Zostera marina) beds. This state general condition does not apply to the following NWPs: NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 48 – Commercial Shellfish Mariculture Activities 4. Loss of More than 300 Linear Feet of Streambed. For any project that results in the loss of more than 300 linear feet of streambed Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 5. Temporary Fills. For any project or activity with temporary fill in wetlands or other waters for more than six months Ecology WQC review is required to determine if the project meets this programmatic WQC or will require individual WQC. 6. Mitigation. Project proponents 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 WQC review or an individual WQC with unavoidable impacts to aquatics resources, a mitigation plan 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 toward goals and objectives. Monitoring will generally be required for a minimum of five 18 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 approaches 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. 7. Stormwater Pollution Prevention. All projects involving land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters. 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. Application. For projects or activities that will require Ecology WQC review, or an individual WQC, project proponents must provide Ecology with a JARPA or the equivalent information, along with the documentation provided to the Corps, as described in national general condition 32, Pre-Construction Notification (PCN), including, where applicable: a. A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project discharge(s) would cause, best management practices (BMPs), and proposed means to monitor the discharge(s). b. List of all federal, state or local agency authorizations required to be used for any part of the proposed project or any related activity. c. Drawings indicating the 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. d. 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. 19 e. Other applicable requirements of Corps NWP general condition 32, Corps regional conditions, or notification conditions of the applicable NWP. Ecology grants Water Quality Certification for this NWP provided that individual WQC review is not required per the state general conditions (see above) and the following NWP specific conditions: 58 - Utility Line Activities for Water and Other Substances Ecology Section 401 Water Quality Certification – Granted with conditions. 1. Ecology WQC review is required if the project or activity is in a known contaminated or cleanup site to determine if an individual WQC is required or the project meets the programmatic WQC for this NWP. 2. Ecology individual WQC is required for projects or activities authorized under this NWP if: a. The project or activity impacts more than 1/3rd acre of waters; or b. The project or activity requires a Federal Energy Regulatory Commission (FERC) license; or c. This NWP is authorized in conjunction with any other NWP. Environmental Protection Agency (EPA) (on Tribal Lands where Tribes Do Not Have Treatment in a Similar Manner as a State and Lands with Exclusive Federal Jurisdiction in Washington): Individual WQC is required by EPA for this NWP. Specific Tribes with Certifying Authority (Projects in Specific Tribal Areas): WQC was issued by the Swinomish Indian Tribal Community. WQC was waived by the Confederated Tribes of the Chehalis Reservation and Colville Indian Reservation, Kalispel Tribe of Indians, Port Gamble S'Klallam Tribe, Quinault Indian Nation, and the Spokane Tribe of Indians. WQC was denied by the Lummi Nation, Makah Tribe, Puyallup Tribe of Indians, and the Tulalip Tribes; therefore, individual WQC is required from these tribes. F. COASTAL ZONE MANAGEMENT ACT (CZMA) CONSISTENCY RESPONSE FOR THIS NWP: Ecology’s determination is that they concur that this NWP is consistent with CZMA. 1. A (individual) CZM Federal Consistency Decision is required for projects or activities under this NWP if a (individual) State 401 Water Quality Certification is required. Appendix C Administrative Order and Construction Stormwater General Permit Issuance Date: November 18, 2020 Effective Date: January 1, 2021 Expiration Date: December 31, 2025 CONSTRUCTION STORMWATER GENERAL PERMIT National Pollutant Discharge Elimination System (NPDES) and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity State of Washington Department of Ecology Olympia, Washington 98504 In compliance with the provisions of Chapter 90.48 Revised Code of Washington (State of Washington Water Pollution Control Act) and Title 33 United States Code, Section 1251 et seq. The Federal Water Pollution Control Act (The Clean Water Act) Until this permit expires, is modified, or revoked, Permittees that have properly obtained coverage under this general permit are authorized to discharge in accordance with the special and general conditions that follow. __________________________________ Vincent McGowan, P.E. Water Quality Program Manager Washington State Department of Ecology Construction Stormwater General Permit Page i TABLE OF CONTENTS LIST OF TABLES .................................................................................................................................. ii SUMMARY OF PERMIT REPORT SUBMITTALS ...................................................................................... 1 SPECIAL CONDITIONS ......................................................................................................................... 3 S1. Permit Coverage .............................................................................................................................. 3 S2. Application Requirements ............................................................................................................... 7 S3. Compliance with Standards ............................................................................................................. 9 S4. Monitoring Requirements, Benchmarks, and Reporting Triggers ................................................. 10 S5. Reporting and Recordkeeping Requirements ................................................................................ 17 S6. Permit Fees .................................................................................................................................... 20 S7. Solid and Liquid Waste Disposal .................................................................................................... 20 S8. Discharges to 303(D) or TMDL Waterbodies ................................................................................. 20 S9. Stormwater Pollution Prevention Plan .......................................................................................... 23 S10. Notice Of Termination ................................................................................................................... 32 GENERAL CONDITIONS ..................................................................................................................... 34 G1. Discharge Violations....................................................................................................................... 34 G2. Signatory Requirements ................................................................................................................ 34 G3. Right of Inspection and Entry ......................................................................................................... 35 G4. General Permit Modification and Revocation ............................................................................... 35 G5. Revocation of Coverage Under tPermit ......................................................................................... 35 G6. Reporting a Cause for Modification ............................................................................................... 36 G7. Compliance with Other Laws and Statutes .................................................................................... 36 G8. Duty to Reapply.............................................................................................................................. 36 G9. Removed Substance ....................................................................................................................... 36 G10. Duty to Provide Information .......................................................................................................... 36 G11. Other Requirements of 40 CFR ...................................................................................................... 37 G12. Additional Monitoring .................................................................................................................... 37 G13. Penalties for Violating Permit Conditions ...................................................................................... 37 G14. Upset .............................................................................................................................................. 37 G15. Property Rights .............................................................................................................................. 37 G16. Duty to Comply .............................................................................................................................. 37 G17. Toxic Pollutants .............................................................................................................................. 38 G18. Penalties for Tampering ................................................................................................................. 38 G19. Reporting Planned Changes ........................................................................................................... 38 G20. Reporting Other Information ......................................................................................................... 38 G21. Reporting Anticipated Non-Compliance ........................................................................................ 38 Construction Stormwater General Permit Page ii G22. Requests to Be Excluded From Coverage Under the Permit ......................................................... 39 G23. Appeals........................................................................................................................................... 39 G24. Severability..................................................................................................................................... 39 G25. Bypass Prohibited .......................................................................................................................... 39 APPENDIX A – DEFINITIONS .............................................................................................................. 42 APPENDIX B – ACRONYMS ................................................................................................................ 50 LIST OF TABLES Table 1 Summary of Required Submittals ................................................................................................ 1 Table 2 Summary of Required On-site Documentation ........................................................................... 2 Table 3 Summary of Primary Monitoring Requirements ....................................................................... 12 Table 4 Monitoring and Reporting Requirements ................................................................................. 14 Table 5 Turbidity, Fine Sediment & Phosphorus Sampling and Limits for 303(d)-Listed Waters ................................................................................................................ 22 Table 6 pH Sampling and Limits for 303(d)-Listed Waters ..................................................................... 22 Construction Stormwater General Permit Page 1 SUMMARY OF PERMIT REPORT SUBMITTALS Refer to the Special and General Conditions within this permit for additional submittal requirements. Appendix A provides a list of definitions. Appendix B provides a list of acronyms. Table 1 Summary of Required Submittals Permit Section Submittal Frequency First Submittal Date S5.A and S8 High Turbidity/Transparency Phone Reporting As Necessary Within 24 hours S5.B Discharge Monitoring Report Monthly* Within 15 days following the end of each month S5.F and S8 Noncompliance Notification – Telephone Notification As necessary Within 24 hours S5.F Noncompliance Notification – Written Report As necessary Within 5 Days of non-compliance S9.D Request for Chemical Treatment Form As necessary Written approval from Ecology is required prior to using chemical treatment (with the exception of dry ice, CO2 or food grade vinegar to adjust pH) G2 Notice of Change in Authorization As necessary G6 Permit Application for Substantive Changes to the Discharge As necessary G8 Application for Permit Renewal 1/permit cycle No later than 180 days before expiration S2.A Notice of Permit Transfer As necessary G19 Notice of Planned Changes As necessary G21 Reporting Anticipated Non-compliance As necessary NOTE: *Permittees must submit electronic Discharge Monitoring Reports (DMRs) to the Washington State Department of Ecology monthly, regardless of site discharge, for the full duration of permit coverage. Refer to Section S5.B of this General Permit for more specific information regarding DMRs. Construction Stormwater General Permit Page 2 Table 2 Summary of Required On-site Documentation Document Title Permit Conditions Permit Coverage Letter See Conditions S2, S5 Construction Stormwater General Permit (CSWGP) See Conditions S2, S5 Site Log Book See Conditions S4, S5 Stormwater Pollution Prevention Plan (SWPPP) See Conditions S5, S9 Site Map See Conditions S5, S9 Construction Stormwater General Permit Page 3 SPECIAL CONDITIONS S1. PERMIT COVERAGE A. Permit Area This Construction Stormwater General Permit (CSWGP) covers all areas of Washington State, except for federal operators and Indian Country as specified in Special Condition S1.E.3 and 4. B. Operators Required to Seek Coverage Under this General Permit 1. Operators of the following construction activities are required to seek coverage under this CSWGP: a. Clearing, grading and/or excavation that results in the disturbance of one or more acres (including off-site disturbance acreage related to construction-support activity as authorized in S1.C.2) and discharges stormwater to surface waters of the State; and clearing, grading and/or excavation on sites smaller than one acre that are part of a larger common plan of development or sale, if the common plan of development or sale will ultimately disturb one acre or more and discharge stormwater to surface waters of the State. i. This category includes forest practices (including, but not limited to, class IV conversions) that are part of a construction activity that will result in the disturbance of one or more acres, and discharge to surface waters of the State (that is, forest practices that prepare a site for construction activities); and b. Any size construction activity discharging stormwater to waters of the State that the Washington State Department of Ecology (Ecology): i. Determines to be a significant contributor of pollutants to waters of the State of Washington. ii. Reasonably expects to cause a violation of any water quality standard. 2. Operators of the following activities are not required to seek coverage under this CSWGP (unless specifically required under Special Condition S1.B.1.b, above): a. Construction activities that discharge all stormwater and non-stormwater to groundwater, sanitary sewer, or combined sewer, and have no point source discharge to either surface water or a storm sewer system that drains to surface waters of the State. b. Construction activities covered under an Erosivity Waiver (Special Condition S1.F). c. Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of a facility. C. Authorized Discharges 1. Stormwater Associated with Construction Activity. Subject to compliance with the terms and conditions of this permit, Permittees are authorized to discharge stormwater associated with construction activity to surface waters of the State or to a storm sewer system that drains to surface waters of the State. (Note that “surface waters of the Construction Stormwater General Permit Page 4 State” may exist on a construction site as well as off site; for example, a creek running through a site.) 2. Stormwater Associated with Construction Support Activity. This permit also authorizes stormwater discharge from support activities related to the permitted construction site (for example, an on-site portable rock crusher, off-site equipment staging yards, material storage areas, borrow areas, etc.) provided: a. The support activity relates directly to the permitted construction site that is required to have an NPDES permit; and b. The support activity is not a commercial operation serving multiple unrelated construction projects, and does not operate beyond the completion of the construction activity; and c. Appropriate controls and measures are identified in the Stormwater Pollution Prevention Plan (SWPPP) for the discharges from the support activity areas. 3. Non-Stormwater Discharges. The categories and sources of non-stormwater discharges identified below are authorized conditionally, provided the discharge is consistent with the terms and conditions of this permit: a. Discharges from fire-fighting activities. b. Fire hydrant system flushing. c. Potable water, including uncontaminated water line flushing. d. Hydrostatic test water. e. Uncontaminated air conditioning or compressor condensate. f. Uncontaminated groundwater or spring water. g. Uncontaminated excavation dewatering water (in accordance with S9.D.10). h. Uncontaminated discharges from foundation or footing drains. i. Uncontaminated or potable water used to control dust. Permittees must minimize the amount of dust control water used. j. Routine external building wash down that does not use detergents. k. Landscape irrigation water. The SWPPP must adequately address all authorized non-stormwater discharges, except for discharges from fire-fighting activities, and must comply with Special Condition S3. At a minimum, discharges from potable water (including water line flushing), fire hydrant system flushing, and pipeline hydrostatic test water must undergo the following: dechlorination to a concentration of 0.1 parts per million (ppm) or less, and pH adjustment to within 6.5 – 8.5 standard units (su), if necessary. D. Prohibited Discharges The following discharges to waters of the State, including groundwater, are prohibited: Construction Stormwater General Permit Page 5 1. Concrete wastewater 2. Wastewater from washout and clean-up of stucco, paint, form release oils, curing compounds and other construction materials. 3. Process wastewater as defined by 40 Code of Federal Regulations (CFR) 122.2 (See Appendix A of this permit). 4. Slurry materials and waste from shaft drilling, including process wastewater from shaft drilling for construction of building, road, and bridge foundations unless managed according to Special Condition S9.D.9.j. 5. Fuels, oils, or other pollutants used in vehicle and equipment operation and maintenance. 6. Soaps or solvents used in vehicle and equipment washing. 7. Wheel wash wastewater, unless managed according to Special Condition S9.D.9. 8. Discharges from dewatering activities, including discharges from dewatering of trenches and excavations, unless managed according to Special Condition S9.D.10. E. Limits on Coverage Ecology may require any discharger to apply for and obtain coverage under an individual permit or another more specific general permit. Such alternative coverage will be required when Ecology determines that this CSWGP does not provide adequate assurance that water quality will be protected, or there is a reasonable potential for the project to cause or contribute to a violation of water quality standards. The following stormwater discharges are not covered by this permit: 1. Post-construction stormwater discharges that originate from the site after completion of construction activities and the site has undergone final stabilization. 2. Non-point source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance, from which there is natural runoff as excluded in 40 CFR Subpart 122. 3. Stormwater from any federal operator. 4. Stormwater from facilities located on Indian Country as defined in 18 U.S.C.§1151, except portions of the Puyallup Reservation as noted below. Indian Country includes: a. All land within any Indian Reservation notwithstanding the issuance of any patent, and, including rights-of-way running through the reservation. This includes all federal, tribal, and Indian and non-Indian privately owned land within the reservation. b. All off-reservation Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same. c. All off-reservation federal trust lands held for Native American Tribes. Construction Stormwater General Permit Page 6 Puyallup Exception: Following the Puyallup Tribes of Indians Land Settlement Act of 1989, 25 U.S.C. §1773; the permit does apply to land within the Puyallup Reservation except for discharges to surface water on land held in trust by the federal government. 5. Stormwater from any site covered under an existing NPDES individual permit in which stormwater management and/or treatment requirements are included for all stormwater discharges associated with construction activity. 6. Stormwater from a site where an applicable Total Maximum Daily Load (TMDL) requirement specifically precludes or prohibits discharges from construction activity. F. Erosivity Waiver Construction site operators may qualify for an Erosivity Waiver from the CSWGP if the following conditions are met: 1. The site will result in the disturbance of fewer than five (5) acres and the site is not a portion of a common plan of development or sale that will disturb five (5) acres or greater. 2. Calculation of Erosivity “R” Factor and Regional Timeframe: a. The project’s calculated rainfall erosivity factor (“R” Factor) must be less than five (5) during the period of construction activity, (See the CSWGP homepage http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html for a link to the EPA’s calculator and step by step instructions on computing the “R” Factor in the EPA Erosivity Waiver Fact Sheet). The period of construction activity starts when the land is first disturbed and ends with final stabilization. In addition: b. The entire period of construction activity must fall within the following timeframes: i. For sites west of the Cascades Crest: June 15 – September 15. ii. For sites east of the Cascades Crest, excluding the Central Basin: June 15 – October 15. iii. For sites east of the Cascades Crest, within the Central Basin: no timeframe restrictions apply. The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. For a map of the Central Basin (Average Annual Precipitation Region 2), refer to: http://www.ecy.wa.gov/programs/wq/stormwater/construction/resourcesguida nce.html. 3. Construction site operators must submit a complete Erosivity Waiver certification form at least one week before disturbing the land. Certification must include statements that the operator will: a. Comply with applicable local stormwater requirements; and b. Implement appropriate erosion and sediment control BMPs to prevent violations of water quality standards. 4. This waiver is not available for facilities declared significant contributors of pollutants as defined in Special Condition S1.B.1.b or for any size construction activity that could Construction Stormwater General Permit Page 7 reasonably expect to cause a violation of any water quality standard as defined in Special Condition S1.B.1.b.ii. 5. This waiver does not apply to construction activities which include non-stormwater discharges listed in Special Condition S1.C.3. 6. If construction activity extends beyond the certified waiver period for any reason, the operator must either: a. Recalculate the rainfall erosivity “R” factor using the original start date and a new projected ending date and, if the “R” factor is still under 5 and the entire project falls within the applicable regional timeframe in Special Condition S1.F.2.b, complete and submit an amended waiver certification form before the original waiver expires; or b. Submit a complete permit application to Ecology in accordance with Special Condition S2.A and B before the end of the certified waiver period. S2. APPLICATION REQUIREMENTS A. Permit Application Forms 1. Notice of Intent Form a. Operators of new or previously unpermitted construction activities must submit a complete and accurate permit application (Notice of Intent, or NOI) to Ecology. b. Operators must apply using the electronic application form (NOI) available on Ecology’s website (http://ecy.wa.gov/programs/wq/stormwater/construction/index.html). Permittees unable to submit electronically (for example, those who do not have an internet connection) must contact Ecology to request a waiver and obtain instructions on how to obtain a paper NOI. Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, Washington 98504-7696 c. The operator must submit the NOI at least 60 days before discharging stormwater from construction activities and must submit it prior to the date of the first public notice (See Special Condition S2.B, below, for details). The 30-day public comment period begins on the publication date of the second public notice. Unless Ecology responds to the complete application in writing, coverage under the general permit will automatically commence on the 31st day following receipt by Ecology of a completed NOI, or the issuance date of this permit, whichever is later; unless Ecology specifies a later date in writing as required by WAC173-226-200(2). See S8.B for Limits on Coverage for New Discharges to TMDL or 303(d)-Listed Waters. d. If an applicant intends to use a Best Management Practice (BMP) selected on the basis of Special Condition S9.C.4 (“demonstrably equivalent” BMPs), the applicant must notify Ecology of its selection as part of the NOI. In the event the applicant selects BMPs after submission of the NOI, the applicant must provide notice of the Construction Stormwater General Permit Page 8 selection of an equivalent BMP to Ecology at least 60 days before intended use of the equivalent BMP. e. Applicants must notify Ecology if they are aware of contaminated soils and/or groundwater associated with the construction activity. Provide detailed information with the NOI (as known and readily available) on the nature and extent of the contamination (concentrations, locations, and depth), as well as pollution prevention and/or treatment BMPs proposed to control the discharge of soil and/or groundwater contaminants in stormwater. Examples of such detail may include, but are not limited to: i. List or table of all known contaminants with laboratory test results showing concentration and depth, ii. Map with sample locations, iii. Related portions of the Stormwater Pollution Prevention Plan (SWPPP) that address the management of contaminated and potentially contaminated construction stormwater and dewatering water, iv. Dewatering plan and/or dewatering contingency plan. 2. Transfer of Coverage Form The Permittee can transfer current coverage under this permit to one or more new operators, including operators of sites within a Common Plan of Development, provided: i. The Permittee submits a complete Transfer of Coverage Form to Ecology, signed by the current and new discharger and containing a specific date for transfer of permit responsibility, coverage and liability (including any Administrative Orders associated with the permit); and ii. Ecology does not notify the current discharger and new discharger of intent to revoke coverage under the general permit. If this notice is not given, the transfer is effective on the date specified in the written agreement. When a current discharger (Permittee) transfers a portion of a permitted site, the current discharger must also indicate the remaining permitted acreage after the transfer. Transfers do not require public notice. 3. Modification of Coverage Form Permittees must notify Ecology regarding any changes to the information provided on the NOI by submitting an Update/Modification of Permit Coverage form in accordance with General Conditions G6 and G19. Examples of such changes include, but are not limited to: i. Changes to the Permittee’s mailing address, ii. Changes to the on-site contact person information, and iii. Changes to the area/acreage affected by construction activity. Construction Stormwater General Permit Page 9 B. Public Notice For new or previously unpermitted construction activities, the applicant must publish a public notice at least one time each week for two consecutive weeks, at least 7 days apart, in a newspaper with general circulation in the county where the construction is to take place. The notice must be run after the NOI has been submitted and must contain: 1. A statement that “The applicant is seeking coverage under the Washington State Department of Ecology’s Construction Stormwater NPDES and State Waste Discharge General Permit.” 2. The name, address, and location of the construction site. 3. The name and address of the applicant. 4. The type of construction activity that will result in a discharge (for example, residential construction, commercial construction, etc.), and the total number of acres to be disturbed over the lifetime of the project. 5. The name of the receiving water(s) (that is, the surface water(s) to which the site will discharge), or, if the discharge is through a storm sewer system, the name of the operator of the system and the receiving water(s) the system discharges to. 6. The statement: Any persons desiring to present their views to the Washington State Department of Ecology regarding this application, or interested in Ecology’s action on this application, may notify Ecology in writing no later than 30 days of the last date of publication of this notice. Ecology reviews public comments and considers whether discharges from this project would cause a measurable change in receiving water quality, and, if so, whether the project is necessary and in the overriding public interest according to Tier II antidegradation requirements under WAC 173-201A-320. Comments can be submitted to: Department of Ecology, PO Box 47696, Olympia, Washington 98504-7696 Attn: Water Quality Program, Construction Stormwater. S3. COMPLIANCE WITH STANDARDS A. Discharges must not cause or contribute to a violation of surface water quality standards (Chapter 173-201A WAC), groundwater quality standards (Chapter 173-200 WAC), sediment management standards (Chapter 173-204 WAC), and human health-based criteria in the Federal water quality criteria applicable to Washington. (40 CFR Part 131.45) Discharges that are not in compliance with these standards are prohibited. B. Prior to the discharge of stormwater and non-stormwater to waters of the State, the Permittee must apply All Known, Available, and Reasonable methods of prevention, control, and Treatment (AKART). This includes the preparation and implementation of an adequate SWPPP, with all appropriate BMPs installed and maintained in accordance with the SWPPP and the terms and conditions of this permit. C. Ecology presumes that a Permittee complies with water quality standards unless discharge monitoring data or other site-specific information demonstrates that a discharge causes or contributes to a violation of water quality standards, when the Permittee complies with the following conditions. The Permittee must fully: Construction Stormwater General Permit Page 10 1. Comply with all permit conditions, including; planning, sampling, monitoring, reporting, and recordkeeping conditions. 2. Implement stormwater BMPs contained in stormwater management manuals published or approved by Ecology, or BMPs that are demonstrably equivalent to BMPs contained in stormwater management manuals published or approved by Ecology, including the proper selection, implementation, and maintenance of all applicable and appropriate BMPs for on-site pollution control. (For purposes of this section, the stormwater manuals listed in Appendix 10 of the Phase I Municipal Stormwater Permit are approved by Ecology.) D. Where construction sites also discharge to groundwater, the groundwater discharges must also meet the terms and conditions of this CSWGP. Permittees who discharge to groundwater through an injection well must also comply with any applicable requirements of the Underground Injection Control (UIC) regulations, Chapter 173-218 WAC. S4. MONITORING REQUIREMENTS, BENCHMARKS, AND REPORTING TRIGGERS A. Site Log Book The Permittee must maintain a site log book that contains a record of the implementation of the SWPPP and other permit requirements, including the installation and maintenance of BMPs, site inspections, and stormwater monitoring. B. Site Inspections Construction sites one (1) acre or larger that discharge stormwater to surface waters of the State must have site inspections conducted by a Certified Erosion and Sediment Control Lead (CESCL). Sites less than one (1) acre may have a person without CESCL certification conduct inspections. (See Special Conditions S4.B.3 and B.4, below, for detailed requirements of the Permittee’s CESCL.) Site inspections must include all areas disturbed by construction activities, all BMPs, and all stormwater discharge points under the Permittee’s operational control. 1. The Permittee must have staff knowledgeable in the principles and practices of erosion and sediment control. The CESCL (sites one acre or more) or inspector (sites less than one acre) must have the skills to assess the: a. Site conditions and construction activities that could impact the quality of stormwater; and b. Effectiveness of erosion and sediment control measures used to control the quality of stormwater discharges. The SWPPP must identify the CESCL or inspector, who must be present on site or on-call at all times. The CESCL (sites one (1) acre or more) must obtain this certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology. (See BMP C160 in the manual, referred to in Special Condition S9.C.1 and 2.) 2. The CESCL or inspector must examine stormwater visually for the presence of suspended sediment, turbidity, discoloration, and oil sheen. BMP effectiveness must be evaluated to Construction Stormwater General Permit Page 11 determine if it is necessary to install, maintain, or repair BMPs to improve the quality of stormwater discharges. Based on the results of the inspection, the Permittee must correct the problems identified, by: a. Reviewing the SWPPP for compliance with Special Condition S9 and making appropriate revisions within 7 days of the inspection. b. Immediately beginning the process of fully implementing and maintaining appropriate source control and/or treatment BMPs, within 10 days of the inspection. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period. c. Documenting BMP implementation and maintenance in the site log book. 3. The CESCL or inspector must inspect all areas disturbed by construction activities, all BMPs, and all stormwater discharge points at least once every calendar week and within 24 hours of any discharge from the site. (For purposes of this condition, individual discharge events that last more than one (1) day do not require daily inspections. For example, if a stormwater pond discharges continuously over the course of a week, only one (1) inspection is required that week.) Inspection frequency may be reduced to once every calendar month for inactive sites that are temporarily stabilized. 4. The Permittee must summarize the results of each inspection in an inspection report or checklist and enter the report/checklist into, or attach it to, the site log book. At a minimum, each inspection report or checklist must include: a. Inspection date and time. b. Weather information. c. The general conditions during inspection. d. The approximate amount of precipitation since the last inspection. e. The approximate amount of precipitation within the last 24 hours. f. A summary or list of all implemented BMPs, including observations of all erosion/sediment control structures or practices. g. A description of: i. BMPs inspected (including location). ii. BMPs that need maintenance and why. iii. BMPs that failed to operate as designed or intended, and iv. Where additional or different BMPs are needed, and why. h. A description of stormwater discharged from the site. The Permittee must note the presence of suspended sediment, turbidity, discoloration, and oil sheen, as applicable. Construction Stormwater General Permit Page 12 i. Any water quality monitoring performed during inspection. j. General comments and notes, including a brief description of any BMP repairs, maintenance, or installations made following the inspection. k. An implementation schedule for the remedial actions that the Permittee plans to take if the site inspection indicates that the site is out of compliance. The remedial actions taken must meet the requirements of the SWPPP and the permit. l. A summary report of the inspection. m. The name, title, and signature of the person conducting the site inspection, a phone number or other reliable method to reach this person, and the following statement: I certify that this report is true, accurate, and complete to the best of my knowledge and belief. Table 3 Summary of Primary Monitoring Requirements Size of Soil Disturbance 1 Weekly Site Inspections Weekly Sampling w/ Turbidity Meter Weekly Sampling w/ Transparency Tube Weekly pH Sampling 2 CESCL Required for Inspections? Sites that disturb less than 1 acre, but are part of a larger Common Plan of Development Required Not Required Not Required Not Required No Sites that disturb 1 acre or more, but fewer than 5 acres Required Sampling Required – either method 3 Required Yes Sites that disturb 5 acres or more Required Required Not Required 4 Required Yes 1 Soil disturbance is calculated by adding together all areas that will be affected by construction activity. Construction activity means clearing, grading, excavation, and any other activity that disturbs the surface of the land, including ingress/egress from the site. 2 If construction activity results in the disturbance of 1 acre or more, and involves significant concrete work (1,000 cubic yards of concrete or recycled concrete placed or poured over the life of a project) or the use of engineered soils (soil amendments including but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), and stormwater from the affected area drains to surface waters of the State or to a storm sewer stormwater collection system that drains to other surface waters of the State, the Permittee must conduct pH sampling in accordance with Special Condition S4.D. 3 Sites with one or more acres, but fewer than 5 acres of soil disturbance, must conduct turbidity or transparency sampling in accordance with Special Condition S4.C.4.a or b. 4 Sites equal to or greater than 5 acres of soil disturbance must conduct turbidity sampling using a turbidity meter in accordance with Special Condition S4.C.4.a. Construction Stormwater General Permit Page 13 C. Turbidity/Transparency Sampling Requirements 1. Sampling Methods a. If construction activity involves the disturbance of five (5) acres or more, the Permittee must conduct turbidity sampling per Special Condition S4.C.4.a, below. b. If construction activity involves one (1) acre or more but fewer than five (5) acres of soil disturbance, the Permittee must conduct either transparency sampling or turbidity sampling per Special Condition S4.C.4.a or b, below. 2. Sampling Frequency a. The Permittee must sample all discharge points at least once every calendar week when stormwater (or authorized non-stormwater) discharges from the site or enters any on-site surface waters of the state (for example, a creek running through a site); sampling is not required on sites that disturb less than an acre. b. Samples must be representative of the flow and characteristics of the discharge. c. Sampling is not required when there is no discharge during a calendar week. d. Sampling is not required outside of normal working hours or during unsafe conditions. e. If the Permittee is unable to sample during a monitoring period, the Permittee must include a brief explanation in the monthly Discharge Monitoring Report (DMR). f. Sampling is not required before construction activity begins. g. The Permittee may reduce the sampling frequency for temporarily stabilized, inactive sites to once every calendar month. 3. Sampling Locations a. Sampling is required at all points where stormwater associated with construction activity (or authorized non-stormwater) is discharged off site, including where it enters any on-site surface waters of the state (for example, a creek running through a site). b. The Permittee may discontinue sampling at discharge points that drain areas of the project that are fully stabilized to prevent erosion. c. The Permittee must identify all sampling point(s) in the SWPPP and on the site map and clearly mark these points in the field with a flag, tape, stake or other visible marker. d. Sampling is not required for discharge that is sent directly to sanitary or combined sewer systems. e. The Permittee may discontinue sampling at discharge points in areas of the project where the Permittee no longer has operational control of the construction activity. Construction Stormwater General Permit Page 14 4. Sampling and Analysis Methods a. The Permittee performs turbidity analysis with a calibrated turbidity meter (turbidimeter) either on site or at an accredited lab. The Permittee must record the results in the site log book in nephelometric turbidity units (NTUs). b. The Permittee performs transparency analysis on site with a 1¾ inch diameter, 60 centimeter (cm)-long transparency tube. The Permittee will record the results in the site log book in centimeters (cm). Table 4 Monitoring and Reporting Requirements Parameter Unit Analytical Method Sampling Frequency Benchmark Value Turbidity NTU SM2130 Weekly, if discharging 25 NTUs Transparency Cm Manufacturer instructions, or Ecology guidance Weekly, if discharging 33 cm 5. Turbidity/Transparency Benchmark Values and Reporting Triggers The benchmark value for turbidity is 25 NTUs. The benchmark value for transparency is 33 centimeters (cm). Note: Benchmark values do not apply to discharges to segments of water bodies on Washington State’s 303(d) list (Category 5) for turbidity, fine sediment, or phosphorus; these discharges are subject to a numeric effluent limit for turbidity. Refer to Special Condition S8 for more information and follow S5.F – Noncompliance Notification for reporting requirements applicable to discharges which exceed the numeric effluent limit for turbidity. a. Turbidity 26 – 249 NTUs, or Transparency 32 – 7 cm: If the discharge turbidity is 26 to 249 NTUs; or if discharge transparency is 32 to 7 cm, the Permittee must: i. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs, and no later than 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period. ii. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the date the discharge exceeded the benchmark. iii. Document BMP implementation and maintenance in the site log book. b. Turbidity 250 NTUs or greater, or Transparency 6 cm or less: If a discharge point’s turbidity is 250 NTUs or greater, or if discharge transparency is less than or equal to 6 cm, the Permittee must complete the reporting and adaptive Construction Stormwater General Permit Page 15 management process described below. For discharges which are subject to a numeric effluent limit for turbidity, see S5.F – Noncompliance Notification. i. Within 24 hours, telephone or submit an electronic report to the applicable Ecology Region’s Environmental Report Tracking System (ERTS) number (or through Ecology’s Water Quality Permitting Portal [WQWebPortal] – Permit Submittals when the form is available), in accordance with Special Condition S5.A. • Central Region (Okanogan, Chelan, Douglas, Kittitas, Yakima, Klickitat, Benton): (509) 575-2490 • Eastern Region (Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman): (509) 329-3400 • Northwest Region (Kitsap, Snohomish, Island, King, San Juan, Skagit, Whatcom): (425) 649-7000 • Southwest Region (Grays Harbor, Lewis, Mason, Thurston, Pierce, Clark, Cowlitz, Skamania, Wahkiakum, Clallam, Jefferson, Pacific): (360) 407-6300 These numbers and a link to the ERTS reporting page are also listed at the following website: http://www.ecy.wa.gov/programs/wq/stormwater/construction/index.html. ii. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems within 10 days of the date the discharge exceeded the benchmark. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when the Permittee requests an extension within the initial 10-day response period. iii. Sample discharges daily until: a) Turbidity is 25 NTUs (or lower); or b) Transparency is 33 cm (or greater); or c) The Permittee has demonstrated compliance with the water quality standard for turbidity: 1) No more than 5 NTUs over background turbidity, if background is less than 50 NTUs, or 2) No more than 10% over background turbidity, if background is 50 NTUs or greater; or *Note: background turbidity in the receiving water must be measured immediately upstream (upgradient) or outside of the area of influence of the discharge. d) The discharge stops or is eliminated. iv. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within seven (7) days of the date the discharge exceeded the benchmark. Construction Stormwater General Permit Page 16 v. Document BMP implementation and maintenance in the site log book. Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with permit benchmarks. D. pH Sampling Requirements – Significant Concrete Work or Engineered Soils If construction activity results in the disturbance of 1 acre or more, and involves significant concrete work (significant concrete work means greater than 1000 cubic yards placed or poured concrete or recycled concrete used over the life of a project) or the use of engineered soils (soil amendments including but not limited to Portland cement-treated base [CTB], cement kiln dust [CKD], or fly ash), and stormwater from the affected area drains to surface waters of the State or to a storm sewer system that drains to surface waters of the State, the Permittee must conduct pH sampling as set forth below. Note: In addition, discharges to segments of water bodies on Washington State’s 303(d) list (Category 5) for high pH are subject to a numeric effluent limit for pH; refer to Special Condition S8. 1. The Permittee must perform pH analysis on site with a calibrated pH meter, pH test kit, or wide range pH indicator paper. The Permittee must record pH sampling results in the site log book. 2. During the applicable pH monitoring period defined below, the Permittee must obtain a representative sample of stormwater and conduct pH analysis at least once per week. a. For sites with significant concrete work, the Permittee must begin the pH sampling period when the concrete is first placed or poured and exposed to precipitation, and continue weekly throughout and after the concrete placement, pour and curing period, until stormwater pH is in the range of 6.5 to 8.5 (su). b. For sites with recycled concrete where monitoring is required, the Permittee must begin the weekly pH sampling period when the recycled concrete is first exposed to precipitation and must continue until the recycled concrete is fully stabilized with the stormwater pH in the range of 6.5 to 8.5 (su). c. For sites with engineered soils, the Permittee must begin the pH sampling period when the soil amendments are first exposed to precipitation and must continue until the area of engineered soils is fully stabilized. 3. The Permittee must sample pH in the sediment trap/pond(s) or other locations that receive stormwater runoff from the area of significant concrete work or engineered soils before the stormwater discharges to surface waters. 4. The benchmark value for pH is 8.5 standard units. Anytime sampling indicates that pH is 8.5 or greater, the Permittee must either: a. Prevent the high pH water (8.5 or above) from entering storm sewer systems or surface waters of the state; or b. If necessary, adjust or neutralize the high pH water until it is in the range of pH 6.5 to 8.5 (su) using an appropriate treatment BMP such as carbon dioxide (CO2) sparging, dry ice or food grade vinegar. The Permittee must obtain written approval from Ecology before using any form of chemical treatment other than CO2 sparging, dry ice or food grade vinegar. Construction Stormwater General Permit Page 17 S5. REPORTING AND RECORDKEEPING REQUIREMENTS A. High Turbidity Reporting Anytime sampling performed in accordance with Special Condition S4.C indicates turbidity has reached the 250 NTUs or more (or transparency less than or equal to 6 cm), high turbidity reporting level, the Permittee must notify Ecology within 24 hours of analysis either by calling the applicable Ecology Region’s Environmental Report Tracking System (ERTS) number by phone or by submitting an electronic ERTS report (through Ecology’s Water Quality Permitting Portal (WQWebPortal) – Permit Submittals when the form is available). See the CSWGP website for links to ERTS and the WQWebPortal. (http://www.ecy.wa.gov/programs/wq/stormwater/ construction/index.html) Also, see phone numbers in Special Condition S4.C.5.b.i. B. Discharge Monitoring Reports (DMRs) Permittees required to conduct water quality sampling in accordance with Special Conditions S4.C (Turbidity/Transparency), S4.D (pH), S8 (303[d]/TMDL sampling), and/or G12 (Additional Sampling) must submit the results to Ecology. Permittees must submit monitoring data using Ecology's WQWebDMR web application accessed through Ecology’s Water Quality Permitting Portal. Permittees unable to submit electronically (for example, those who do not have an internet connection) must contact Ecology to request a waiver and obtain instructions on how to obtain a paper copy DMR at: Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, WA 98504-7696 Permittees who obtain a waiver not to use WQWebDMR must use the forms provided to them by Ecology; submittals must be mailed to the address above. Permittees must submit DMR forms to be received by Ecology within 15 days following the end of each month. If there was no discharge during a given monitoring period, all Permittees must submit a DMR as required with “no discharge” entered in place of the monitoring results. DMRs are required for the full duration of permit coverage (from the first full month following the effective date of permit coverage up until Ecology has approved termination of the coverage). For more information, contact Ecology staff using information provided at the following website: www.ecy.wa.gov/programs/wq/permits/paris/contacts.html. C. Records Retention The Permittee must retain records of all monitoring information (site log book, sampling results, inspection reports/checklists, etc.), Stormwater Pollution Prevention Plan, copy of the permit coverage letter (including Transfer of Coverage documentation) and any other documentation of compliance with permit requirements for the entire life of the construction project and for a minimum of five (5) years following the termination of permit coverage. Such information must include all calibration and maintenance records, and records of all data used to complete the application for this permit. This period of retention must be extended during Construction Stormwater General Permit Page 18 the course of any unresolved litigation regarding the discharge of pollutants by the Permittee or when requested by Ecology. D. Recording Results For each measurement or sample taken, the Permittee must record the following information: 1. Date, place, method, and time of sampling or measurement. 2. The first and last name of the individual who performed the sampling or measurement. 3. The date(s) the analyses were performed. 4. The first and last name of the individual who performed the analyses. 5. The analytical techniques or methods used. 6. The results of all analyses. E. Additional Monitoring by the Permittee If the Permittee samples or monitors any pollutant more frequently than required by this permit using test procedures specified by Special Condition S4 of this permit, the sampling results for this monitoring must be included in the calculation and reporting of the data submitted in the Permittee’s DMR. F. Noncompliance Notification In the event the Permittee is unable to comply with any part of the terms and conditions of this permit, and the resulting noncompliance may cause a threat to human health or the environment (such as but not limited to spills or fuels or other materials, catastrophic pond or slope failure, and discharges that violate water quality standards), or exceed numeric effluent limitations (see S8 – Discharges to 303(d) or TMDL Waterbodies), the Permittee must, upon becoming aware of the circumstance: 1. Notify Ecology within 24 hours of the failure to comply by calling the applicable Regional office ERTS phone number (refer to Special Condition S4.C.5.b.i, or go to https://ecology.wa.gov/About-us/Get-involved/Report-an-environmental-issue to find contact information for the regional offices.) 2. Immediately take action to prevent the discharge/pollution, or otherwise stop or correct the noncompliance, and, if applicable, repeat sampling and analysis of any noncompliance immediately and submit the results to Ecology within five (5) days of becoming aware of the violation (See S5.F.3, below, for details on submitting results in a report). 3. Submit a detailed written report to Ecology within five (5) days of the time the Permittee becomes aware of the circumstances, unless requested earlier by Ecology. The report must be submitted using Ecology’s Water Quality Permitting Portal (WQWebPortal) – Permit Submittals, unless a waiver from electronic reporting has been granted according to S5.B. The report must contain a description of the noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and the steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. Construction Stormwater General Permit Page 19 The Permittee must report any unanticipated bypass and/or upset that exceeds any effluent limit in the permit in accordance with the 24-hour reporting requirement contained in 40 C.F.R. 122.41(l)(6). Compliance with these requirements does not relieve the Permittee from responsibility to maintain continuous compliance with the terms and conditions of this permit or the resulting liability for failure to comply. Upon request of the Permittee, Ecology may waive the requirement for a written report on a case-by-case basis, if the immediate notification is received by Ecology within 24 hours. G. Access to Plans and Records 1. The Permittee must retain the following permit documentation (plans and records) on site, or within reasonable access to the site, for use by the operator or for on-site review by Ecology or the local jurisdiction: a. General Permit b. Permit Coverage Letter c. Stormwater Pollution Prevention Plan (SWPPP) d. Site Log Book e. Erosivity Waiver (if applicable) 2. The Permittee must address written requests for plans and records listed above (Special Condition S5.G.1) as follows: a. The Permittee must provide a copy of plans and records to Ecology within 14 days of receipt of a written request from Ecology. b. The Permittee must provide a copy of plans and records to the public when requested in writing. Upon receiving a written request from the public for the Permittee’s plans and records, the Permittee must either: i. Provide a copy of the plans and records to the requester within 14 days of a receipt of the written request; or ii. Notify the requester within 10 days of receipt of the written request of the location and times within normal business hours when the plans and records may be viewed; and provide access to the plans and records within 14 days of receipt of the written request; or Within 14 days of receipt of the written request, the Permittee may submit a copy of the plans and records to Ecology for viewing and/or copying by the requester at an Ecology office, or a mutually agreed location. If plans and records are viewed and/or copied at a location other than at an Ecology office, the Permittee will provide reasonable access to copying services for which a reasonable fee may be charged. The Permittee must notify the requester within 10 days of receipt of the request where the plans and records may be viewed and/or copied. Construction Stormwater General Permit Page 20 S6. PERMIT FEES The Permittee must pay permit fees assessed by Ecology. Fees for stormwater discharges covered under this permit are established by Chapter 173-224 WAC. Ecology continues to assess permit fees until the permit is terminated in accordance with Special Condition S10 or revoked in accordance with General Condition G5. S7. SOLID AND LIQUID WASTE DISPOSAL The Permittee must handle and dispose of solid and liquid wastes generated by construction activity, such as demolition debris, construction materials, contaminated materials, and waste materials from maintenance activities, including liquids and solids from cleaning catch basins and other stormwater facilities, in accordance with: A. Special Condition S3, Compliance with Standards. B. WAC 173-216-110. C. Other applicable regulations. S8. DISCHARGES TO 303(d) OR TMDL WATERBODIES A. Sampling and Numeric Effluent Limits For Certain Discharges to 303(d)-Listed Water Bodies 1. Permittees who discharge to segments of water bodies listed as impaired by the State of Washington under Section 303(d) of the Clean Water Act for turbidity, fine sediment, high pH, or phosphorus, must conduct water quality sampling according to the requirements of this section, and Special Conditions S4.C.2.b-f and S4.C.3.b-d, and must comply with the applicable numeric effluent limitations in S8.C and S8.D. 2. All references and requirements associated with Section 303(d) of the Clean Water Act mean the most current listing by Ecology of impaired waters (Category 5) that exists on January 1, 2021, or the date when the operator’s complete permit application is received by Ecology, whichever is later. B. Limits on Coverage for New Discharges to TMDL or 303(d)-Listed Waters Construction sites that discharge to a TMDL or 303(d)-listed waterbody are not eligible for coverage under this permit unless the operator: Construction Stormwater General Permit Page 21 1. Prevents exposing stormwater to pollutants for which the waterbody is impaired, and retains documentation in the SWPPP that details procedures taken to prevent exposure on site; or 2. Documents that the pollutants for which the waterbody is impaired are not present at the site, and retains documentation of this finding within the SWPPP; or 3. Provides Ecology with data indicating the discharge is not expected to cause or contribute to an exceedance of a water quality standard, and retains such data on site with the SWPPP. The operator must provide data and other technical information to Ecology that sufficiently demonstrate: a. For discharges to waters without an EPA-approved or -established TMDL, that the discharge of the pollutant for which the water is impaired will meet in-stream water quality criteria at the point of discharge to the waterbody; or b. For discharges to waters with an EPA-approved or -established TMDL, that there is sufficient remaining wasteload allocation in the TMDL to allow construction stormwater discharge and that existing dischargers to the waterbody are subject to compliance schedules designed to bring the waterbody into attainment with water quality standards. Operators of construction sites are eligible for coverage under this permit only after Ecology makes an affirmative determination that the discharge will not cause or contribute to the existing impairment or exceed the TMDL. C. Sampling and Numeric Effluent Limits for Discharges to Water Bodies on the 303(d) List for Turbidity, Fine Sediment, or Phosphorus 1. Permittees who discharge to segments of water bodies on the 303(d) list (Category 5) for turbidity, fine sediment, or phosphorus must conduct turbidity sampling in accordance with Special Condition S4.C.2 and comply with either of the numeric effluent limits noted in Table 5 below. 2. As an alternative to the 25 NTUs effluent limit noted in Table 5 below (applied at the point where stormwater [or authorized non-stormwater] is discharged off-site), Permittees may choose to comply with the surface water quality standard for turbidity. The standard is: no more than 5 NTUs over background turbidity when the background turbidity is 50 NTUs or less, or no more than a 10% increase in turbidity when the background turbidity is more than 50 NTUs. In order to use the water quality standard requirement, the sampling must take place at the following locations: a. Background turbidity in the 303(d)-listed receiving water immediately upstream (upgradient) or outside the area of influence of the discharge. b. Turbidity at the point of discharge into the 303(d)-listed receiving water, inside the area of influence of the discharge. 3. Discharges that exceed the numeric effluent limit for turbidity constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit must sample discharges daily until the violation is corrected and comply with the non-compliance notification requirements in Special Condition S5.F. Construction Stormwater General Permit Page 22 Table 5 Turbidity, Fine Sediment & Phosphorus Sampling and Limits for 303(d)-Listed Waters Parameter identified in 303(d) listing Parameter Sampled Unit Analytical Method Sampling Frequency Numeric Effluent Limit1 • Turbidity • Fine Sediment • Phosphorus Turbidity NTU SM2130 Weekly, if discharging 25 NTUs, at the point where stormwater is discharged from the site; OR In compliance with the surface water quality standard for turbidity (S8.C.2.a) 1 Permittees subject to a numeric effluent limit for turbidity may, at their discretion, choose either numeric effluent limitation based on site-specific considerations including, but not limited to, safety, access and convenience. D. Discharges to Water Bodies on the 303(d) List for High pH 1. Permittees who discharge to segments of water bodies on the 303(d) list (Category 5) for high pH must conduct pH sampling in accordance with the table below, and comply with the numeric effluent limit of pH 6.5 to 8.5 su (Table 6). Table 6 pH Sampling and Limits for 303(d)-Listed Waters Parameter identified in 303(d) listing Parameter Sampled/Units Analytical Method Sampling Frequency Numeric Effluent Limit High pH pH /Standard Units pH meter Weekly, if discharging In the range of 6.5 – 8.5 su 2. At the Permittee’s discretion, compliance with the limit shall be assessed at one of the following locations: a. Directly in the 303(d)-listed waterbody segment, inside the immediate area of influence of the discharge; or b. Alternatively, the Permittee may measure pH at the point where the discharge leaves the construction site, rather than in the receiving water. 3. Discharges that exceed the numeric effluent limit for pH (outside the range of 6.5 – 8.5 su) constitute a violation of this permit. 4. Permittees whose discharges exceed the numeric effluent limit must sample discharges daily until the violation is corrected and comply with the non-compliance notification requirements in Special Condition S5.F. E. Sampling and Limits for Sites Discharging to Waters Covered by a TMDL or another Pollution Control Plan Construction Stormwater General Permit Page 23 1. Discharges to a waterbody that is subject to a Total Maximum Daily Load (TMDL) for turbidity, fine sediment, high pH, or phosphorus must be consistent with the TMDL. Refer to http://www.ecy.wa.gov/programs/wq/tmdl/TMDLsbyWria/TMDLbyWria.html for more information on TMDLs. a. Where an applicable TMDL sets specific waste load allocations or requirements for discharges covered by this permit, discharges must be consistent with any specific waste load allocations or requirements established by the applicable TMDL. i. The Permittee must sample discharges weekly, unless otherwise specified by the TMDL, to evaluate compliance with the specific waste load allocations or requirements. ii. Analytical methods used to meet the monitoring requirements must conform to the latest revision of the Guidelines Establishing Test Procedures for the Analysis of Pollutants contained in 40 CFR Part 136. iii. Turbidity and pH methods need not be accredited or registered unless conducted at a laboratory which must otherwise be accredited or registered. b. Where an applicable TMDL has established a general waste load allocation for construction stormwater discharges, but has not identified specific requirements, compliance with Special Conditions S4 (Monitoring) and S9 (SWPPPs) will constitute compliance with the approved TMDL. c. Where an applicable TMDL has not specified a waste load allocation for construction stormwater discharges, but has not excluded these discharges, compliance with Special Conditions S4 (Monitoring) and S9 (SWPPPs) will constitute compliance with the approved TMDL. d. Where an applicable TMDL specifically precludes or prohibits discharges from construction activity, the operator is not eligible for coverage under this permit. S9. STORMWATER POLLUTION PREVENTION PLAN The Permittee must prepare and properly implement an adequate Stormwater Pollution Prevention Plan (SWPPP) for construction activity in accordance with the requirements of this permit beginning with initial soil disturbance and until final stabilization. A. The Permittee’s SWPPP must meet the following objectives: 1. To identify best management practices (BMPs) which prevent erosion and sedimentation, and to reduce, eliminate or prevent stormwater contamination and water pollution from construction activity. 2. To prevent violations of surface water quality, groundwater quality, or sediment management standards. 3. To control peak volumetric flow rates and velocities of stormwater discharges. Construction Stormwater General Permit Page 24 B. General Requirements 1. The SWPPP must include a narrative and drawings. All BMPs must be clearly referenced in the narrative and marked on the drawings. The SWPPP narrative must include documentation to explain and justify the pollution prevention decisions made for the project. Documentation must include: a. Information about existing site conditions (topography, drainage, soils, vegetation, etc.). b. Potential erosion problem areas. c. The 13 elements of a SWPPP in Special Condition S9.D.1-13, including BMPs used to address each element. d. Construction phasing/sequence and general BMP implementation schedule. e. The actions to be taken if BMP performance goals are not achieved—for example, a contingency plan for additional treatment and/or storage of stormwater that would violate the water quality standards if discharged. f. Engineering calculations for ponds, treatment systems, and any other designed structures. When a treatment system requires engineering calculations, these calculations must be included in the SWPPP. Engineering calculations do not need to be included in the SWPPP for treatment systems that do not require such calculations. 2. The Permittee must modify the SWPPP if, during inspections or investigations conducted by the owner/operator, or the applicable local or state regulatory authority, it is determined that the SWPPP is, or would be, ineffective in eliminating or significantly minimizing pollutants in stormwater discharges from the site. The Permittee must then: a. Review the SWPPP for compliance with Special Condition S9 and make appropriate revisions within 7 days of the inspection or investigation. b. Immediately begin the process to fully implement and maintain appropriate source control and/or treatment BMPs as soon as possible, addressing the problems no later than 10 days from the inspection or investigation. If installation of necessary treatment BMPs is not feasible within 10 days, Ecology may approve additional time when an extension is requested by a Permittee within the initial 10-day response period. c. Document BMP implementation and maintenance in the site log book. The Permittee must modify the SWPPP whenever there is a change in design, construction, operation, or maintenance at the construction site that has, or could have, a significant effect on the discharge of pollutants to waters of the State. C. Stormwater Best Management Practices (BMPs) BMPs must be consistent with: 1. Stormwater Management Manual for Western Washington (most current approved edition at the time this permit was issued), for sites west of the crest of the Cascade Mountains; or Construction Stormwater General Permit Page 25 2. Stormwater Management Manual for Eastern Washington (most current approved edition at the time this permit was issued), for sites east of the crest of the Cascade Mountains; or 3. Revisions to the manuals listed in Special Condition S9.C.1 & 2, or other stormwater management guidance documents or manuals which provide an equivalent level of pollution prevention, that are approved by Ecology and incorporated into this permit in accordance with the permit modification requirements of WAC 173-226-230; or 4. Documentation in the SWPPP that the BMPs selected provide an equivalent level of pollution prevention, compared to the applicable stormwater management manuals, including: a. The technical basis for the selection of all stormwater BMPs (scientific, technical studies, and/or modeling) that support the performance claims for the BMPs being selected. b. An assessment of how the selected BMP will satisfy AKART requirements and the applicable federal technology-based treatment requirements under 40 CFR part 125.3. D. SWPPP – Narrative Contents and Requirements The Permittee must include each of the 13 elements below in Special Condition S9.D.1-13 in the narrative of the SWPPP and implement them unless site conditions render the element unnecessary and the exemption from that element is clearly justified in the SWPPP. 1. Preserve Vegetation/Mark Clearing Limits a. Before beginning land-disturbing activities, including clearing and grading, clearly mark all clearing limits, sensitive areas and their buffers, and trees that are to be preserved within the construction area. b. Retain the duff layer, native topsoil, and natural vegetation in an undisturbed state to the maximum degree practicable. 2. Establish Construction Access a. Limit construction vehicle access and exit to one route, if possible. b. Stabilize access points with a pad of quarry spalls, crushed rock, or other equivalent BMPs, to minimize tracking sediment onto roads. c. Locate wheel wash or tire baths on site, if the stabilized construction entrance is not effective in preventing tracking sediment onto roads. d. If sediment is tracked off site, clean the affected roadway thoroughly at the end of each day, or more frequently as necessary (for example, during wet weather). Remove sediment from roads by shoveling, sweeping, or pickup and transport of the sediment to a controlled sediment disposal area. e. Conduct street washing only after sediment removal in accordance with Special Condition S9.D.2.d. f. Control street wash wastewater by pumping back on site or otherwise preventing it from discharging into systems tributary to waters of the State. Construction Stormwater General Permit Page 26 3. Control Flow Rates a. Protect properties and waterways downstream of construction sites from erosion and the associated discharge of turbid waters due to increases in the velocity and peak volumetric flow rate of stormwater runoff from the project site, as required by local plan approval authority. b. Where necessary to comply with Special Condition S9.D.3.a, construct stormwater infiltration or detention BMPs as one of the first steps in grading. Assure that detention BMPs function properly before constructing site improvements (for example, impervious surfaces). c. If permanent infiltration ponds are used for flow control during construction, protect these facilities from sedimentation during the construction phase. 4. Install Sediment Controls The Permittee must design, install and maintain effective erosion controls and sediment controls to minimize the discharge of pollutants. At a minimum, the Permittee must: a. Construct sediment control BMPs (sediment ponds, traps, filters, infiltration facilities, etc.) as one of the first steps in grading. These BMPs must be functional before other land disturbing activities take place. b. Minimize sediment discharges from the site. The design, installation and maintenance of erosion and sediment controls must address factors such as the amount, frequency, intensity and duration of precipitation, the nature of resulting stormwater runoff, and soil characteristics, including the range of soil particle sizes expected to be present on the site. c. Direct stormwater runoff from disturbed areas through a sediment pond or other appropriate sediment removal BMP, before the runoff leaves a construction site or before discharge to an infiltration facility. Runoff from fully stabilized areas may be discharged without a sediment removal BMP, but must meet the flow control performance standard of Special Condition S9.D.3.a. d. Locate BMPs intended to trap sediment on site in a manner to avoid interference with the movement of juvenile salmonids attempting to enter off-channel areas or drainages. e. Provide and maintain natural buffers around surface waters, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration, unless infeasible. f. Where feasible, design outlet structures that withdraw impounded stormwater from the surface to avoid discharging sediment that is still suspended lower in the water column. 5. Stabilize Soils a. The Permittee must stabilize exposed and unworked soils by application of effective BMPs that prevent erosion. Applicable BMPs include, but are not limited to: temporary and permanent seeding, sodding, mulching, plastic covering, erosion Construction Stormwater General Permit Page 27 control fabrics and matting, soil application of polyacrylamide (PAM), the early application of gravel base on areas to be paved, and dust control. b. The Permittee must control stormwater volume and velocity within the site to minimize soil erosion. c. The Permittee must control stormwater discharges, including both peak flow rates and total stormwater volume, to minimize erosion at outlets and to minimize downstream channel and stream bank erosion. d. Depending on the geographic location of the project, the Permittee must not allow soils to remain exposed and unworked for more than the time periods set forth below to prevent erosion. West of the Cascade Mountains Crest During the dry season (May 1 - September 30): 7 days During the wet season (October 1 - April 30): 2 days East of the Cascade Mountains Crest, except for Central Basin* During the dry season (July 1 - September 30): 10 days During the wet season (October 1 - June 30): 5 days The Central Basin*, East of the Cascade Mountains Crest During the dry Season (July 1 - September 30): 30 days During the wet season (October 1 - June 30): 15 days *Note: The Central Basin is defined as the portions of Eastern Washington with mean annual precipitation of less than 12 inches. e. The Permittee must stabilize soils at the end of the shift before a holiday or weekend if needed based on the weather forecast. f. The Permittee must stabilize soil stockpiles from erosion, protected with sediment trapping measures, and where possible, be located away from storm drain inlets, waterways, and drainage channels. g. The Permittee must minimize the amount of soil exposed during construction activity. h. The Permittee must minimize the disturbance of steep slopes. i. The Permittee must minimize soil compaction and, unless infeasible, preserve topsoil. 6. Protect Slopes a. The Permittee must design and construct cut-and-fill slopes in a manner to minimize erosion. Applicable practices include, but are not limited to, reducing continuous length of slope with terracing and diversions, reducing slope steepness, and roughening slope surfaces (for example, track walking). b. The Permittee must divert off-site stormwater (run-on) or groundwater away from slopes and disturbed areas with interceptor dikes, pipes, and/or swales. Off-site stormwater should be managed separately from stormwater generated on the site. c. At the top of slopes, collect drainage in pipe slope drains or protected channels to prevent erosion. Construction Stormwater General Permit Page 28 i. West of the Cascade Mountains Crest: Temporary pipe slope drains must handle the peak 10-minute flow rate from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate predicted by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the Western Washington Hydrology Model (WWHM) to predict flows, bare soil areas should be modeled as "landscaped area.” ii. East of the Cascade Mountains Crest: Temporary pipe slope drains must handle the expected peak flow rate from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. d. Place excavated material on the uphill side of trenches, consistent with safety and space considerations. e. Place check dams at regular intervals within constructed channels that are cut down a slope. 7. Protect Drain Inlets a. Protect all storm drain inlets made operable during construction so that stormwater runoff does not enter the conveyance system without first being filtered or treated to remove sediment. b. Clean or remove and replace inlet protection devices when sediment has filled one- third of the available storage (unless a different standard is specified by the product manufacturer). 8. Stabilize Channels and Outlets a. Design, construct and stabilize all on-site conveyance channels to prevent erosion from the following expected peak flows: i. West of the Cascade Mountains Crest: Channels must handle the peak 10- minute flow rate from a Type 1A, 10-year, 24-hour frequency storm for the developed condition. Alternatively, the 10-year, 1-hour flow rate indicated by an approved continuous runoff model, increased by a factor of 1.6, may be used. The hydrologic analysis must use the existing land cover condition for predicting flow rates from tributary areas outside the project limits. For tributary areas on the project site, the analysis must use the temporary or permanent project land cover condition, whichever will produce the highest flow rates. If using the WWHM to predict flows, bare soil areas should be modeled as "landscaped area.” ii. East of the Cascade Mountains Crest: Channels must handle the expected peak flow rate from a 6-month, 3-hour storm for the developed condition, referred to as the short duration storm. b. Provide stabilization, including armoring material, adequate to prevent erosion of outlets, adjacent stream banks, slopes, and downstream reaches at the outlets of all conveyance systems. Construction Stormwater General Permit Page 29 9. Control Pollutants Design, install, implement and maintain effective pollution prevention measures to minimize the discharge of pollutants. The Permittee must: a. Handle and dispose of all pollutants, including waste materials and demolition debris that occur on site in a manner that does not cause contamination of stormwater. b. Provide cover, containment, and protection from vandalism for all chemicals, liquid products, petroleum products, and other materials that have the potential to pose a threat to human health or the environment. Minimize storage of hazardous materials on-site. Safety Data Sheets (SDS) should be supplied for all materials stored. Chemicals should be kept in their original labeled containers. On-site fueling tanks must include secondary containment. Secondary containment means placing tanks or containers within an impervious structure capable of containing 110% of the volume of the largest tank within the containment structure. Double-walled tanks do not require additional secondary containment. c. Conduct maintenance, fueling, and repair of heavy equipment and vehicles using spill prevention and control measures. Clean contaminated surfaces immediately following any spill incident. d. Discharge wheel wash or tire bath wastewater to a separate on-site treatment system that prevents discharge to surface water, such as closed-loop recirculation or upland land application, or to the sanitary sewer with local sewer district approval. e. Apply fertilizers and pesticides in a manner and at application rates that will not result in loss of chemical to stormwater runoff. Follow manufacturers’ label requirements for application rates and procedures. f. Use BMPs to prevent contamination of stormwater runoff by pH-modifying sources. The sources for this contamination include, but are not limited to: bulk cement, cement kiln dust, fly ash, new concrete washing and curing waters, recycled concrete stockpiles, waste streams generated from concrete grinding and sawing, exposed aggregate processes, dewatering concrete vaults, concrete pumping and mixer washout waters. (Also refer to the definition for "concrete wastewater" in Appendix A – Definitions.) g. Adjust the pH of stormwater or authorized non-stormwater if necessary to prevent an exceedance of groundwater and/or surface water quality standards. h. Assure that washout of concrete trucks is performed off-site or in designated concrete washout areas only. Do not wash out concrete truck drums onto the ground, or into storm drains, open ditches, streets, or streams. Washout of small concrete handling equipment may be disposed of in a formed area awaiting concrete where it will not contaminate surface or groundwater. Do not dump excess concrete on site, except in designated concrete washout areas. Concrete spillage or concrete discharge directly to groundwater or surface waters of the State is Construction Stormwater General Permit Page 30 prohibited. At no time shall concrete be washed off into the footprint of an area where an infiltration BMP will be installed. i. Obtain written approval from Ecology before using any chemical treatment, with the exception of CO2, dry ice or food grade vinegar, to adjust pH. j. Uncontaminated water from water-only based shaft drilling for construction of building, road, and bridge foundations may be infiltrated provided the wastewater is managed in a way that prohibits discharge to surface waters. Prior to infiltration, water from water-only based shaft drilling that comes into contact with curing concrete must be neutralized until pH is in the range of 6.5 to 8.5 (su). 10. Control Dewatering a. Permittees must discharge foundation, vault, and trench dewatering water, which have characteristics similar to stormwater runoff at the site, in conjunction with BMPs to reduce sedimentation before discharge to a sediment trap or sediment pond. b. Permittees may discharge clean, non-turbid dewatering water, such as well-point groundwater, to systems tributary to, or directly into surface waters of the State, as specified in Special Condition S9.D.8, provided the dewatering flow does not cause erosion or flooding of receiving waters. Do not route clean dewatering water through stormwater sediment ponds. Note that “surface waters of the State” may exist on a construction site as well as off site; for example, a creek running through a site. c. Other dewatering treatment or disposal options may include: i. Infiltration ii. Transport off site in a vehicle, such as a vacuum flush truck, for legal disposal in a manner that does not pollute state waters. iii. Ecology-approved on-site chemical treatment or other suitable treatment technologies (See S9.D.9.i, regarding chemical treatment written approval). iv. Sanitary or combined sewer discharge with local sewer district approval, if there is no other option. v. Use of a sedimentation bag with discharge to a ditch or swale for small volumes of localized dewatering. d. Permittees must handle highly turbid or contaminated dewatering water separately from stormwater. 11. Maintain BMPs a. Permittees must maintain and repair all temporary and permanent erosion and sediment control BMPs as needed to assure continued performance of their intended function in accordance with BMP specifications. b. Permittees must remove all temporary erosion and sediment control BMPs within 30 days after achieving final site stabilization or after the temporary BMPs are no longer needed. Construction Stormwater General Permit Page 31 12. Manage the Project a. Phase development projects to the maximum degree practicable and take into account seasonal work limitations. b. Inspect, maintain and repair all BMPs as needed to assure continued performance of their intended function. Conduct site inspections and monitoring in accordance with Special Condition S4. c. Maintain, update, and implement the SWPPP in accordance with Special Conditions S3, S4, and S9. 13. Protect Low Impact Development (LID) BMPs The primary purpose of on-site LID Stormwater Management is to reduce the disruption of the natural site hydrology through infiltration. LID BMPs are permanent facilities. a. Permittees must protect all LID BMPs (including, but not limited to, Bioretention and Rain Garden facilities) from sedimentation through installation and maintenance of erosion and sediment control BMPs on portions of the site that drain into the Bioretention and/or Rain Garden facilities. Restore the BMPs to their fully functioning condition if they accumulate sediment during construction. Restoring the facility must include removal of sediment and any sediment-laden bioretention/ rain garden soils, and replacing the removed soils with soils meeting the design specification. b. Permittees must maintain the infiltration capabilities of LID BMPs by protecting against compaction by construction equipment and foot traffic. Protect completed lawn and landscaped areas from compaction due to construction equipment. c. Permittees must control erosion and avoid introducing sediment from surrounding land uses onto permeable pavements. Do not allow muddy construction equipment on the base material or pavement. Do not allow sediment-laden runoff onto permeable pavements or base materials. d. Permittees must clean permeable pavements fouled with sediments or no longer passing an initial infiltration test using local stormwater manual methodology or the manufacturer’s procedures. e. Permittees must keep all heavy equipment off existing soils under LID BMPs that have been excavated to final grade to retain the infiltration rate of the soils. E. SWPPP – Map Contents and Requirements The Permittee’s SWPPP must also include a vicinity map or general location map (for example, a USGS quadrangle map, a portion of a county or city map, or other appropriate map) with enough detail to identify the location of the construction site and receiving waters within one mile of the site. The SWPPP must also include a legible site map (or maps) showing the entire construction site. The following features must be identified, unless not applicable due to site conditions. 1. The direction of north, property lines, and existing structures and roads. 2. Cut and fill slopes indicating the top and bottom of slope catch lines. Construction Stormwater General Permit Page 32 3. Approximate slopes, contours, and direction of stormwater flow before and after major grading activities. 4. Areas of soil disturbance and areas that will not be disturbed. 5. Locations of structural and nonstructural controls (BMPs) identified in the SWPPP. 6. Locations of off-site material, stockpiles, waste storage, borrow areas, and vehicle/equipment storage areas. 7. Locations of all surface water bodies, including wetlands. 8. Locations where stormwater or non-stormwater discharges off-site and/or to a surface waterbody, including wetlands. 9. Location of water quality sampling station(s), if sampling is required by state or local permitting authority. 10. Areas where final stabilization has been accomplished and no further construction-phase permit requirements apply. 11. Location or proposed location of LID facilities. S10. NOTICE OF TERMINATION Partial terminations of permit coverage are not authorized. A. The site is eligible for termination of coverage when it has met any of the following conditions: 1. The site has undergone final stabilization, the Permittee has removed all temporary BMPs (except biodegradable BMPs clearly manufactured with the intention for the material to be left in place and not interfere with maintenance or land use), and all stormwater discharges associated with construction activity have been eliminated; or 2. All portions of the site that have not undergone final stabilization per Special Condition S10.A.1 have been sold and/or transferred (per Special Condition S2.A), and the Permittee no longer has operational control of the construction activity; or 3. For residential construction only, the Permittee has completed temporary stabilization and the homeowners have taken possession of the residences. B. When the site is eligible for termination, the Permittee must submit a complete and accurate Notice of Termination (NOT) form, signed in accordance with General Condition G2, to: Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, WA 98504-7696 Construction Stormwater General Permit Page 33 When an electronic termination form is available, the Permittee may choose to submit a complete and accurate Notice of Termination (NOT) form through the Water Quality Permitting Portal rather than mailing a hardcopy as noted above. The termination is effective on the 31st calendar day following the date Ecology receives a complete NOT form, unless Ecology notifies the Permittee that termination request is denied because the Permittee has not met the eligibility requirements in Special Condition S10.A. Permittees are required to comply with all conditions and effluent limitations in the permit until the permit has been terminated. Permittees transferring the property to a new property owner or operator/Permittee are required to complete and submit the Notice of Transfer form to Ecology, but are not required to submit a Notice of Termination form for this type of transaction. Construction Stormwater General Permit Page 34 GENERAL CONDITIONS G1. DISCHARGE VIOLATIONS All discharges and activities authorized by this general permit must be consistent with the terms and conditions of this general permit. Any discharge of any pollutant more frequent than or at a level in excess of that identified and authorized by the general permit must constitute a violation of the terms and conditions of this permit. G2. SIGNATORY REQUIREMENTS A. All permit applications must bear a certification of correctness to be signed: 1. In the case of corporations, by a responsible corporate officer. 2. In the case of a partnership, by a general partner of a partnership. 3. In the case of sole proprietorship, by the proprietor. 4. In the case of a municipal, state, or other public facility, by either a principal executive officer or ranking elected official. B. All reports required by this permit and other information requested by Ecology (including NOIs, NOTs, and Transfer of Coverage forms) must be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above and submitted to Ecology. 2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility, such as the position of plant manager, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters. C. Changes to authorization. If an authorization under paragraph G2.B.2 above is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph G2.B.2 above must be submitted to Ecology prior to or together with any reports, information, or applications to be signed by an authorized representative. D. Certification. Any person signing a document under this section must make the following certification: I certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Construction Stormwater General Permit Page 35 G3. RIGHT OF INSPECTION AND ENTRY The Permittee must allow an authorized representative of Ecology, upon the presentation of credentials and such other documents as may be required by law: A. To enter upon the premises where a discharge is located or where any records are kept under the terms and conditions of this permit. B. To have access to and copy, at reasonable times and at reasonable cost, any records required to be kept under the terms and conditions of this permit. C. To inspect, at reasonable times, any facilities, equipment (including monitoring and control equipment), practices, methods, or operations regulated or required under this permit. D. To sample or monitor, at reasonable times, any substances or parameters at any location for purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act. G4. GENERAL PERMIT MODIFICATION AND REVOCATION This permit may be modified, revoked and reissued, or terminated in accordance with the provisions of Chapter 173-226 WAC. Grounds for modification, revocation and reissuance, or termination include, but are not limited to, the following: A. When a change occurs in the technology or practices for control or abatement of pollutants applicable to the category of dischargers covered under this permit. B. When effluent limitation guidelines or standards are promulgated pursuant to the CWA or Chapter 90.48 RCW, for the category of dischargers covered under this permit. C. When a water quality management plan containing requirements applicable to the category of dischargers covered under this permit is approved, or D. When information is obtained that indicates cumulative effects on the environment from dischargers covered under this permit are unacceptable. G5. REVOCATION OF COVERAGE UNDER THE PERMIT Pursuant to Chapter 43.21B RCW and Chapter 173-226 WAC, the Director may terminate coverage for any discharger under this permit for cause. Cases where coverage may be terminated include, but are not limited to, the following: A. Violation of any term or condition of this permit. B. Obtaining coverage under this permit by misrepresentation or failure to disclose fully all relevant facts. C. A change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. D. Failure or refusal of the Permittee to allow entry as required in RCW 90.48.090. E. A determination that the permitted activity endangers human health or the environment, or contributes to water quality standards violations. F. Nonpayment of permit fees or penalties assessed pursuant to RCW 90.48.465 and Chapter 173-224 WAC. Construction Stormwater General Permit Page 36 G. Failure of the Permittee to satisfy the public notice requirements of WAC 173-226-130(5), when applicable. The Director may require any discharger under this permit to apply for and obtain coverage under an individual permit or another more specific general permit. Permittees who have their coverage revoked for cause according to WAC 173-226-240 may request temporary coverage under this permit during the time an individual permit is being developed, provided the request is made within ninety (90) days from the time of revocation and is submitted along with a complete individual permit application form. G6. REPORTING A CAUSE FOR MODIFICATION The Permittee must submit a new application, or a supplement to the previous application, whenever a material change to the construction activity or in the quantity or type of discharge is anticipated which is not specifically authorized by this permit. This application must be submitted at least sixty (60) days prior to any proposed changes. Filing a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not relieve the Permittee of the duty to comply with the existing permit until it is modified or reissued. G7. COMPLIANCE WITH OTHER LAWS AND STATUTES Nothing in this permit will be construed as excusing the Permittee from compliance with any applicable federal, state, or local statutes, ordinances, or regulations. G8. DUTY TO REAPPLY The Permittee must apply for permit renewal at least 180 days prior to the specified expiration date of this permit. The Permittee must reapply using the electronic application form (NOI) available on Ecology’s website. Permittees unable to submit electronically (for example, those who do not have an internet connection) must contact Ecology to request a waiver and obtain instructions on how to obtain a paper NOI. Department of Ecology Water Quality Program - Construction Stormwater PO Box 47696 Olympia, WA 98504-7696 G9. REMOVED SUBSTANCE The Permittee must not re-suspend or reintroduce collected screenings, grit, solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of stormwater to the final effluent stream for discharge to state waters. G10. DUTY TO PROVIDE INFORMATION The Permittee must submit to Ecology, within a reasonable time, all information that Ecology may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee must also submit to Ecology, upon request, copies of records required to be kept by this permit [40 CFR 122.41(h)]. Construction Stormwater General Permit Page 37 G11. OTHER REQUIREMENTS OF 40 CFR All other requirements of 40 CFR 122.41 and 122.42 are incorporated in this permit by reference. G12. ADDITIONAL MONITORING Ecology may establish specific monitoring requirements in addition to those contained in this permit by administrative order or permit modification. G13. PENALTIES FOR VIOLATING PERMIT CONDITIONS Any person who is found guilty of willfully violating the terms and conditions of this permit shall be deemed guilty of a crime, and upon conviction thereof shall be punished by a fine of up to ten thousand dollars ($10,000) and costs of prosecution, or by imprisonment at the discretion of the court. Each day upon which a willful violation occurs may be deemed a separate and additional violation. Any person who violates the terms and conditions of a waste discharge permit shall incur, in addition to any other penalty as provided by law, a civil penalty in the amount of up to ten thousand dollars ($10,000) for every such violation. Each and every such violation shall be a separate and distinct offense, and in case of a continuing violation, every day’s continuance shall be deemed to be a separate and distinct violation. G14. UPSET Definition – “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology-based permit effluent limitations if the requirements of the following paragraph are met. A Permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs or other relevant evidence that: 1) an upset occurred and that the Permittee can identify the cause(s) of the upset; 2) the permitted facility was being properly operated at the time of the upset; 3) the Permittee submitted notice of the upset as required in Special Condition S5.F, and; 4) the Permittee complied with any remedial measures required under this permit. In any enforcement proceeding, the Permittee seeking to establish the occurrence of an upset has the burden of proof. G15. PROPERTY RIGHTS This permit does not convey any property rights of any sort, or any exclusive privilege. G16. DUTY TO COMPLY The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. Construction Stormwater General Permit Page 38 G17. TOXIC POLLUTANTS The Permittee must comply with effluent standards or prohibitions established under Section 307(a) of the Clean Water Act for toxic pollutants within the time provided in the regulations that establish those standards or prohibitions, even if this permit has not yet been modified to incorporate the requirement. G18. PENALTIES FOR TAMPERING The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this condition, punishment shall be a fine of not more than $20,000 per day of violation, or imprisonment of not more than four (4) years, or both. G19. REPORTING PLANNED CHANGES The Permittee must, as soon as possible, give notice to Ecology of planned physical alterations, modifications or additions to the permitted construction activity. The Permittee should be aware that, depending on the nature and size of the changes to the original permit, a new public notice and other permit process requirements may be required. Changes in activities that require reporting to Ecology include those that will result in: A. The permitted facility being determined to be a new source pursuant to 40 CFR 122.29(b). B. A significant change in the nature or an increase in quantity of pollutants discharged, including but not limited to: a 20% or greater increase in acreage disturbed by construction activity. C. A change in or addition of surface water(s) receiving stormwater or non-stormwater from the construction activity. D. A change in the construction plans and/or activity that affects the Permittee’s monitoring requirements in Special Condition S4. Following such notice, permit coverage may be modified, or revoked and reissued pursuant to 40 CFR 122.62(a) to specify and limit any pollutants not previously limited. Until such modification is effective, any new or increased discharge in excess of permit limits or not specifically authorized by this permit constitutes a violation. G20. REPORTING OTHER INFORMATION Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to Ecology, it must promptly submit such facts or information. G21. REPORTING ANTICIPATED NON-COMPLIANCE The Permittee must give advance notice to Ecology by submission of a new application or supplement thereto at least forty-five (45) days prior to commencement of such discharges, of any facility expansions, production increases, or other planned changes, such as process modifications, in the permitted facility or activity which may result in noncompliance with permit limits or conditions. Any maintenance of facilities, which might necessitate unavoidable interruption of Construction Stormwater General Permit Page 39 operation and degradation of effluent quality, must be scheduled during non-critical water quality periods and carried out in a manner approved by Ecology. G22. REQUESTS TO BE EXCLUDED FROM COVERAGE UNDER THE PERMIT Any discharger authorized by this permit may request to be excluded from coverage under the general permit by applying for an individual permit. The discharger must submit to the Director an application as described in WAC 173-220-040 or WAC 173-216-070, whichever is applicable, with reasons supporting the request. These reasons will fully document how an individual permit will apply to the applicant in a way that the general permit cannot. Ecology may make specific requests for information to support the request. The Director will either issue an individual permit or deny the request with a statement explaining the reason for the denial. When an individual permit is issued to a discharger otherwise subject to the construction stormwater general permit, the applicability of the construction stormwater general permit to that Permittee is automatically terminated on the effective date of the individual permit. G23. APPEALS A. The terms and conditions of this general permit, as they apply to the appropriate class of dischargers, are subject to appeal by any person within 30 days of issuance of this general permit, in accordance with Chapter 43.21B RCW, and Chapter 173-226 WAC. B. The terms and conditions of this general permit, as they apply to an individual discharger, are appealable in accordance with Chapter 43.21B RCW within 30 days of the effective date of coverage of that discharger. Consideration of an appeal of general permit coverage of an individual discharger is limited to the general permit’s applicability or nonapplicability to that individual discharger. C. The appeal of general permit coverage of an individual discharger does not affect any other dischargers covered under this general permit. If the terms and conditions of this general permit are found to be inapplicable to any individual discharger(s), the matter shall be remanded to Ecology for consideration of issuance of an individual permit or permits. G24. SEVERABILITY The provisions of this permit are severable, and if any provision of this permit, or application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit shall not be affected thereby. G25. BYPASS PROHIBITED A. Bypass Procedures Bypass, which is the intentional diversion of waste streams from any portion of a treatment facility, is prohibited for stormwater events below the design criteria for stormwater management. Ecology may take enforcement action against a Permittee for bypass unless one of the following circumstances (1, 2, 3 or 4) is applicable. 1. Bypass of stormwater is consistent with the design criteria and part of an approved management practice in the applicable stormwater management manual. 2. Bypass for essential maintenance without the potential to cause violation of permit limits or conditions. Construction Stormwater General Permit Page 40 Bypass is authorized if it is for essential maintenance and does not have the potential to cause violations of limitations or other conditions of this permit, or adversely impact public health. 3. Bypass of stormwater is unavoidable, unanticipated, and results in noncompliance of this permit. This bypass is permitted only if: a. Bypass is unavoidable to prevent loss of life, personal injury, or severe property damage. “Severe property damage” means substantial physical damage to property, damage to the treatment facilities which would cause them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. b. There are no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, maintenance during normal periods of equipment downtime (but not if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventative maintenance), or transport of untreated wastes to another treatment facility. c. Ecology is properly notified of the bypass as required in Special Condition S5.F of this permit. 4. A planned action that would cause bypass of stormwater and has the potential to result in noncompliance of this permit during a storm event. The Permittee must notify Ecology at least thirty (30) days before the planned date of bypass. The notice must contain: a. A description of the bypass and its cause b. An analysis of all known alternatives which would eliminate, reduce, or mitigate the need for bypassing. c. A cost-effectiveness analysis of alternatives including comparative resource damage assessment. d. The minimum and maximum duration of bypass under each alternative. e. A recommendation as to the preferred alternative for conducting the bypass. f. The projected date of bypass initiation. g. A statement of compliance with SEPA. h. A request for modification of water quality standards as provided for in WAC 173- 201A-110, if an exceedance of any water quality standard is anticipated. i. Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the bypass. 5. For probable construction bypasses, the need to bypass is to be identified as early in the planning process as possible. The analysis required above must be considered during Construction Stormwater General Permit Page 41 preparation of the Stormwater Pollution Prevention Plan (SWPPP) and must be included to the extent practical. In cases where the probable need to bypass is determined early, continued analysis is necessary up to and including the construction period in an effort to minimize or eliminate the bypass. Ecology will consider the following before issuing an administrative order for this type bypass: a. If the bypass is necessary to perform construction or maintenance-related activities essential to meet the requirements of this permit. b. If there are feasible alternatives to bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, stopping production, maintenance during normal periods of equipment down time, or transport of untreated wastes to another treatment facility. c. If the bypass is planned and scheduled to minimize adverse effects on the public and the environment. After consideration of the above and the adverse effects of the proposed bypass and any other relevant factors, Ecology will approve, conditionally approve, or deny the request. The public must be notified and given an opportunity to comment on bypass incidents of significant duration, to the extent feasible. Approval of a request to bypass will be by administrative order issued by Ecology under RCW 90.48.120. B. Duty to Mitigate The Permittee is required to take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit that has a reasonable likelihood of adversely affecting human health or the environment. Construction Stormwater General Permit Page 42 APPENDIX A – DEFINITIONS AKART is an acronym for “All Known, Available, and Reasonable methods of prevention, control, and Treatment.” AKART represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants and controlling pollution associated with a discharge. Applicable TMDL means a TMDL for turbidity, fine sediment, high pH, or phosphorus, which was completed and approved by EPA before January 1, 2021, or before the date the operator’s complete permit application is received by Ecology, whichever is later. TMDLs completed after a complete permit application is received by Ecology become applicable to the Permittee only if they are imposed through an administrative order by Ecology, or through a modification of permit coverage. Applicant means an operator seeking coverage under this permit. Benchmark means a pollutant concentration used as a permit threshold, below which a pollutant is considered unlikely to cause a water quality violation, and above which it may. When pollutant concentrations exceed benchmarks, corrective action requirements take effect. Benchmark values are not water quality standards and are not numeric effluent limitations; they are indicator values. Best Management Practices (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, and other physical, structural and/or managerial practices to prevent or reduce the pollution of waters of the State. BMPs include treatment systems, operating procedures, and practices to control stormwater associated with construction activity, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. Buffer means an area designated by a local jurisdiction that is contiguous to and intended to protect a sensitive area. Bypass means the intentional diversion of waste streams from any portion of a treatment facility. Calendar Day A period of 24 consecutive hours starting at 12:00 midnight and ending the following 12:00 midnight. Calendar Week (same as Week) means a period of seven consecutive days starting at 12:01 a.m. (0:01 hours) on Sunday. Certified Erosion and Sediment Control Lead (CESCL) means a person who has current certification through an approved erosion and sediment control training program that meets the minimum training standards established by Ecology (See BMP C160 in the SWMM). Chemical Treatment means the addition of chemicals to stormwater and/or authorized non-stormwater prior to filtration and discharge to surface waters. Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted by Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, and 97-117; USC 1251 et seq. Combined Sewer means a sewer which has been designed to serve as a sanitary sewer and a storm sewer, and into which inflow is allowed by local ordinance. Construction Stormwater General Permit Page 43 Common Plan of Development or Sale means a site where multiple separate and distinct construction activities may be taking place at different times on different schedules and/or by different contractors, but still under a single plan. Examples include: 1) phased projects and projects with multiple filings or lots, even if the separate phases or filings/lots will be constructed under separate contract or by separate owners (e.g., a development where lots are sold to separate builders); 2) a development plan that may be phased over multiple years, but is still under a consistent plan for long-term development; 3) projects in a contiguous area that may be unrelated but still under the same contract, such as construction of a building extension and a new parking lot at the same facility; and 4) linear projects such as roads, pipelines, or utilities. If the project is part of a common plan of development or sale, the disturbed area of the entire plan must be used in determining permit requirements. Composite Sample means a mixture of grab samples collected at the same sampling point at different times, formed either by continuous sampling or by mixing discrete samples. May be "time-composite" (collected at constant time intervals) or "flow-proportional" (collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow increases while maintaining a constant time interval between the aliquots. Concrete Wastewater means any water used in the production, pouring and/or clean-up of concrete or concrete products, and any water used to cut, grind, wash, or otherwise modify concrete or concrete products. Examples include water used for or resulting from concrete truck/mixer/pumper/tool/chute rinsing or washing, concrete saw cutting and surfacing (sawing, coring, grinding, roughening, hydro- demolition, bridge and road surfacing). When stormwater comingles with concrete wastewater, the resulting water is considered concrete wastewater and must be managed to prevent discharge to waters of the State, including groundwater. Construction Activity means land disturbing operations including clearing, grading or excavation which disturbs the surface of the land (including off-site disturbance acreage related to construction-support activity). Such activities may include road construction, construction of residential houses, office buildings, or industrial buildings, site preparation, soil compaction, movement and stockpiling of topsoils, and demolition activity. Construction Support Activity means off-site acreage that will be disturbed as a direct result of the construction project and will discharge stormwater. For example, off-site equipment staging yards, material storage areas, borrow areas, and parking areas. Contaminant means any hazardous substance that does not occur naturally or occurs at greater than natural background levels. See definition of “hazardous substance” and WAC 173-340-200. Contaminated soil means soil which contains contaminants, pollutants, or hazardous substances that do not occur naturally or occur at levels greater than natural background. Contaminated groundwater means groundwater which contains contaminants, pollutants, or hazardous substances that do not occur naturally or occur at levels greater than natural background. Demonstrably Equivalent means that the technical basis for the selection of all stormwater BMPs is documented within a SWPPP, including: 1. The method and reasons for choosing the stormwater BMPs selected. 2. The pollutant removal performance expected from the BMPs selected. Construction Stormwater General Permit Page 44 3. The technical basis supporting the performance claims for the BMPs selected, including any available data concerning field performance of the BMPs selected. 4. An assessment of how the selected BMPs will comply with state water quality standards. 5. An assessment of how the selected BMPs will satisfy both applicable federal technology-based treatment requirements and state requirements to use all known, available, and reasonable methods of prevention, control, and treatment (AKART). Department means the Washington State Department of Ecology. Detention means the temporary storage of stormwater to improve quality and/or to reduce the mass flow rate of discharge. Dewatering means the act of pumping groundwater or stormwater away from an active construction site. Director means the Director of the Washington State Department of Ecology or his/her authorized representative. Discharger means an owner or operator of any facility or activity subject to regulation under Chapter 90.48 RCW or the Federal Clean Water Act. Domestic Wastewater means water carrying human wastes, including kitchen, bath, and laundry wastes from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration or surface waters as may be present. Ecology means the Washington State Department of Ecology. Engineered Soils means the use of soil amendments including, but not limited, to Portland cement treated base (CTB), cement kiln dust (CKD), or fly ash to achieve certain desirable soil characteristics. Equivalent BMPs means operational, source control, treatment, or innovative BMPs which result in equal or better quality of stormwater discharge to surface water or to groundwater than BMPs selected from the SWMM. Erosion means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep. Erosion and Sediment Control BMPs means BMPs intended to prevent erosion and sedimentation, such as preserving natural vegetation, seeding, mulching and matting, plastic covering, filter fences, sediment traps, and ponds. Erosion and sediment control BMPs are synonymous with stabilization and structural BMPs. Federal Operator is an entity that meets the definition of “Operator” in this permit and is either any department, agency or instrumentality of the executive, legislative, and judicial branches of the Federal government of the United States, or another entity, such as a private contractor, performing construction activity for any such department, agency, or instrumentality. Final Stabilization (same as fully stabilized or full stabilization) means the completion of all soil disturbing activities at the site and the establishment of permanent vegetative cover, or equivalent permanent stabilization measures (such as pavement, riprap, gabions, or geotextiles) which will prevent erosion. See the applicable Stormwater Management Manual for more information on vegetative cover expectations and equivalent permanent stabilization measures. Construction Stormwater General Permit Page 45 Groundwater means water in a saturated zone or stratum beneath the land surface or a surface waterbody. Hazardous Substance means any dangerous or extremely hazardous waste as defined in RCW 70.105.010 (5) and (6), or any dangerous or extremely dangerous waste as designated by rule under chapter 70.105 RCW; any hazardous sub-stance as defined in RCW 70.105.010(14) or any hazardous substance as defined by rule under chapter 70.105 RCW; any substance that, on the effective date of this section, is a hazardous substance under section 101(14) of the federal cleanup law, 42U.S.C., Sec. 9601(14); petroleum or petroleum products; and any substance or category of substances, including solid waste decomposition products, determined by the director by rule to present a threat to human health or the environment if released into the environment. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is not a release: crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. Injection Well means a well that is used for the subsurface emplacement of fluids. (See Well.) Jurisdiction means a political unit such as a city, town or county; incorporated for local self-government. National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Federal Clean Water Act, for the discharge of pollutants to surface waters of the State from point sources. These permits are referred to as NPDES permits and, in Washington State, are administered by the Washington State Department of Ecology. Notice of Intent (NOI) means the application for, or a request for coverage under this general permit pursuant to WAC 173-226-200. Notice of Termination (NOT) means a request for termination of coverage under this general permit as specified by Special Condition S10 of this permit. Operator means any party associated with a construction project that meets either of the following two criteria: • The party has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or • The party has day-to-day operational control of those activities at a project that are necessary to ensure compliance with a SWPPP for the site or other permit conditions (e.g., they are authorized to direct workers at a site to carry out activities required by the SWPPP or comply with other permit conditions). Permittee means individual or entity that receives notice of coverage under this general permit. pH means a liquid’s measure of acidity or alkalinity. A pH of 7 is defined as neutral. Large variations above or below this value are considered harmful to most aquatic life. pH Monitoring Period means the time period in which the pH of stormwater runoff from a site must be tested a minimum of once every seven days to determine if stormwater pH is between 6.5 and 8.5. Construction Stormwater General Permit Page 46 Point Source means any discernible, confined, and discrete conveyance, including but not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, and container from which pollutants are or may be discharged to surface waters of the State. This term does not include return flows from irrigated agriculture. (See the Fact Sheet for further explanation) Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, domestic sewage sludge (biosolids), munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste. This term does not include sewage from vessels within the meaning of section 312 of the CWA, nor does it include dredged or fill material discharged in accordance with a permit issued under section 404 of the CWA. Pollution means contamination or other alteration of the physical, chemical, or biological properties of waters of the State; including change in temperature, taste, color, turbidity, or odor of the waters; or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the State as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare; or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses; or to livestock, wild animals, birds, fish or other aquatic life. Process Wastewater means any non-stormwater which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. If stormwater commingles with process wastewater, the commingled water is considered process wastewater. Receiving Water means the waterbody at the point of discharge. If the discharge is to a storm sewer system, either surface or subsurface, the receiving water is the waterbody to which the storm system discharges. Systems designed primarily for other purposes such as for groundwater drainage, redirecting stream natural flows, or for conveyance of irrigation water/return flows that coincidentally convey stormwater are considered the receiving water. Representative means a stormwater or wastewater sample which represents the flow and characteristics of the discharge. Representative samples may be a grab sample, a time-proportionate composite sample, or a flow proportionate sample. Ecology’s Construction Stormwater Monitoring Manual provides guidance on representative sampling. Responsible Corporate Officer for the purpose of signatory authority means: (i) a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or (ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (40 CFR 122.22). Sanitary Sewer means a sewer which is designed to convey domestic wastewater. Construction Stormwater General Permit Page 47 Sediment means the fragmented material that originates from the weathering and erosion of rocks or unconsolidated deposits, and is transported by, suspended in, or deposited by water. Sedimentation means the depositing or formation of sediment. Sensitive Area means a waterbody, wetland, stream, aquifer recharge area, or channel migration zone. SEPA (State Environmental Policy Act) means the Washington State Law, RCW 43.21C.020, intended to prevent or eliminate damage to the environment. Significant Amount means an amount of a pollutant in a discharge that is amenable to available and reasonable methods of prevention or treatment; or an amount of a pollutant that has a reasonable potential to cause a violation of surface or groundwater quality or sediment management standards. Significant Concrete Work means greater than 1000 cubic yards placed or poured concrete or recycled concrete used over the life of a project. Significant Contributor of Pollutants means a facility determined by Ecology to be a contributor of a significant amount(s) of a pollutant(s) to waters of the State of Washington. Site means the land or water area where any "facility or activity" is physically located or conducted. Source Control BMPs means physical, structural or mechanical devices or facilities that are intended to prevent pollutants from entering stormwater. A few examples of source control BMPs are erosion control practices, maintenance of stormwater facilities, constructing roofs over storage and working areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. Stabilization means the application of appropriate BMPs to prevent the erosion of soils, such as, temporary and permanent seeding, vegetative covers, mulching and matting, plastic covering and sodding. See also the definition of Erosion and Sediment Control BMPs. Storm Drain means any drain which drains directly into a storm sewer system, usually found along roadways or in parking lots. Storm Sewer System means a means a conveyance, or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains designed or used for collecting or conveying stormwater. This does not include systems which are part of a combined sewer or Publicly Owned Treatment Works (POTW), as defined at 40 CFR 122.2. Stormwater means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a defined surface waterbody, or a constructed infiltration facility. Stormwater Management Manual (SWMM) or Manual means the technical Manual published by Ecology for use by local governments that contain descriptions of and design criteria for BMPs to prevent, control, or treat pollutants in stormwater. Stormwater Pollution Prevention Plan (SWPPP) means a documented plan to implement measures to identify, prevent, and control the contamination of point source discharges of stormwater. Construction Stormwater General Permit Page 48 Surface Waters of the State includes lakes, rivers, ponds, streams, inland waters, salt waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Temporary Stabilization means the exposed ground surface has been covered with appropriate materials to provide temporary stabilization of the surface from water or wind erosion. Materials include, but are not limited to, mulch, riprap, erosion control mats or blankets and temporary cover crops. Seeding alone is not considered stabilization. Temporary stabilization is not a substitute for the more permanent “final stabilization.” Total Maximum Daily Load (TMDL) means a calculation of the maximum amount of a pollutant that a waterbody can receive and still meet state water quality standards. Percentages of the total maximum daily load are allocated to the various pollutant sources. A TMDL is the sum of the allowable loads of a single pollutant from all contributing point and nonpoint sources. The TMDL calculations must include a "margin of safety" to ensure that the waterbody can be protected in case there are unforeseen events or unknown sources of the pollutant. The calculation must also account for seasonable variation in water quality. Transfer of Coverage (TOC) means a request for transfer of coverage under this general permit as specified by Special Condition S2.A of this permit. Treatment BMPs means BMPs that are intended to remove pollutants from stormwater. A few examples of treatment BMPs are detention ponds, oil/water separators, biofiltration, and constructed wetlands. Transparency means a measurement of water clarity in centimeters (cm), using a 60 cm transparency tube. The transparency tube is used to estimate the relative clarity or transparency of water by noting the depth at which a black and white Secchi disc becomes visible when water is released from a value in the bottom of the tube. A transparency tube is sometimes referred to as a “turbidity tube.” Turbidity means the clarity of water expressed as nephelometric turbidity units (NTUs) and measured with a calibrated turbidimeter. Uncontaminated means free from any contaminant. See definition of “contaminant” and WAC 173-340-200. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology-based permit effluent limitations because of factors beyond the reasonable control of the Permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Waste Load Allocation (WLA) means the portion of a receiving water’s loading capacity that is allocated to one of its existing or future point sources of pollution. WLAs constitute a type of water quality based effluent limitation (40 CFR 130.2[h]). Water-Only Based Shaft Drilling is a shaft drilling process that uses water only and no additives are involved in the drilling of shafts for construction of building, road, or bridge foundations. Water Quality means the chemical, physical, and biological characteristics of water, usually with respect to its suitability for a particular purpose. Waters of the State includes those waters as defined as "waters of the United States" in 40 CFR Subpart 122.2 within the geographic boundaries of Washington State and "waters of the State" as defined in Chapter 90.48 RCW, which include lakes, rivers, ponds, streams, inland waters, underground waters, salt Construction Stormwater General Permit Page 49 waters, and all other surface waters and water courses within the jurisdiction of the state of Washington. Well means a bored, drilled or driven shaft, or dug hole whose depth is greater than the largest surface dimension. (See Injection Well.) Wheel Wash Wastewater means any water used in, or resulting from the operation of, a tire bath or wheel wash (BMP C106: Wheel Wash), or other structure or practice that uses water to physically remove mud and debris from vehicles leaving a construction site and prevent track-out onto roads. When stormwater comingles with wheel wash wastewater, the resulting water is considered wheel wash wastewater and must be managed according to Special Condition S9.D.9. Construction Stormwater General Permit Page 50 APPENDIX B – ACRONYMS AKART All Known, Available, and Reasonable Methods of Prevention, Control, and Treatment BMP Best Management Practice CESCL Certified Erosion and Sediment Control Lead CFR Code of Federal Regulations CKD Cement Kiln Dust cm Centimeters CPD Common Plan of Development CTB Cement-Treated Base CWA Clean Water Act DMR Discharge Monitoring Report EPA Environmental Protection Agency ERTS Environmental Report Tracking System ESC Erosion and Sediment Control FR Federal Register LID Low Impact Development NOI Notice of Intent NOT Notice of Termination NPDES National Pollutant Discharge Elimination System NTU Nephelometric Turbidity Unit RCW Revised Code of Washington SEPA State Environmental Policy Act SWMM Stormwater Management Manual SWPPP Stormwater Pollution Prevention Plan TMDL Total Maximum Daily Load UIC Underground Injection Control USC United States Code USEPA United States Environmental Protection Agency WAC Washington Administrative Code WQ Water Quality WWHM Western Washington Hydrology Model Appendix D Puget Sound Energy Permit for Limited Use of Operating Property PERMIT FOR LIMITED USE OF OPERATING PROPERTY PERMIT NO.20-23-05-01122018 THIS LIMITED USE PERMIT made this ______ day of February,2018 (“Effective Date”)by and between PUGET SOUND ENERGY,INC.,a Washington corporation (“PSE”herein)and the City of Renton (“Permittee”herein). In consideration of the mutual promises of the parties and for other good and valuable consideration,the receipt and sufficiency of which are acknowledged,the parties agree as follows: 1.Property.PSE hereby grants permission to Permittee to use the real property described on Exhibit “B”and as depicted on Exhibit “C”attached hereto and incorporated by this reference (the “Property”herein) situated in King County,Washington,subject to the terms and conditions of this Permit. 2.Term.Unless otherwise terminated pursuant to the terms hereof,this Permit will commence on the Effective Date and will expire on the date that is ten (10)years from the Effective Date (the “Term”). 3.Rent.This Permit is granted for and in good and valuable consideration to be derived therefrom (“Rent”). 4.Use.Permittee may use the Property for operation and maintenance of an existing sewer line and construction of replacement sewer line,appurtenances,and associated access improvements.ANY ADDITIONAL USE OF THE PROPERTY REQUIRES PSE’S PRIOR WRITTEN APPROVAL,WHICH PSE MAY WITHHOLD IN ITS SOLE AND ABSOLUTE DISCRETION.Permittee acknowledges that the Property is an operating utility property of PSE and that PSE may use same for the purposes of its utility business as fully as if this Permit had not been given.Permittee shall not erect any building or structures of any kind on the Property,or use the Property for any purpose other than specified in this Paragraph.Permittee shall comply with all laws and ordinances applicable to the Property and Permittee’s use thereof and shall keep the Property free from any and all liens which might arise as a result of Permittee’s use and occupancy of the Property.Execution of this Permit shall not override or alter existing easement rights of use of the Permittee on the Property. 5.Indemnity;Environmental. a.General Indemnity.Permittee acknowledges that the Property is subject to the hazards incident to the operation of electric and gas utility systems.Permittee hereby agrees that PSE shall not be liable for (i)any damage,injury,loss,expense or death suffered by Permittee or Permittee’s agents, employees,permittees,assignees,invitees,or contractors (collectively,the “Permittee Parties”)on the Property,or (ii)any damage,injury,loss,expense or death suffered by third parties,resulting from the use of the Property.Permittee will defend,indemnify and hold PSE and its affiliates,agents,servants,directors, officers and employees (the “PSE Parties”)harmless from and against any and all losses,claims,demands, actions,fines,suits,damages,penalties,liabilities,expenses,and costs (including,without limitation, reasonable attorneys’fees)resulting from allegations or claims brought against PSE or the PSE Parties occasioned by (i)injuries or damages to any person or entity or damage to,or theft or loss of,property occurring in or about the Property caused by Permittee’s or any Permittee Party’s use of the Property,or (ii)any actual or alleged breach of this Permit by Permittee. b.Environmental Indemnity.Permittee will defend,indemnify and hold PSE and the PSE Parties harmless from and against any and all losses,claims,demands,actions,fines,suits,damages, penalties,liabilities,expenses (including,without limitation,remediation,removal,repair,corrective action, or cleanup expenses),and costs (including,without limitation,reasonable attorneys’fees,consultant fees, or expert fees)which are brought or recoverable against,or suffered or incurred by PSE or any PSE Parties, which arise from or relate in any way to Hazardous Materials that are brought onto the Property by Permittee or any of the Permittee Parties.As used herein,“Hazardous Materials”means and includes any substance, material,waste,pollutant,or contaminant listed or defined as hazardous or toxic,under any Environmental Requirements,asbestos and petroleum,including crude oil or any fraction thereof,natural gas liquids, liquefied natural gas,or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas); and “Environmental Requirements”means and includes all applicable present and future statutes, regulations,ordinances,rules,codes,judgments,orders or other similar enactments of any governmental authority or agency regulating or relating to health,safety,or environmental conditions on,under,or about the Property or the environment,including,without limitation,the following:the Comprehensive Environmental Response,Compensation and Liability Act;the Resource Conservation and Recovery Act; the Model Toxics Control Act,and any regulations or policies promulgated or issued thereunder. c.General Provisions.Without limiting the generality of the foregoing,for purposes of the indemnities provided pursuant to this Permit,Permittee hereby waives its immunity under the Washington State Industrial Insurance Act,Title 51 RCW,and all other applicable industrial insurance/worker’s compensation acts or their equivalent in the applicable jurisdiction.In case any action or proceeding is brought against PSE or any PSE Party and such claim is a claim from which Permittee is obligated to indemnify pursuant to this Section,then Permittee,upon notice from PSE,shall resist and defend such action or proceeding with respect to that claim (by counsel reasonably satisfactory to PSE)at Permittee’s expense.The furnishing of insurance required hereunder will not limit the Permittee’s obligations under this Se9Jp—4he obligations of Permittee under this Section will survive termination or expiration of this Permit. 3.Insurance. a.Policies.Permittee shall at all times during the Term,at its sole cost and expense,procure and maintain,or cause its agents,contractors and subcontractors to procure and maintain,in full force: i.Insurance in accordance with the applicable laws relating to Workers’ Compensation and Employers’Liability insurance,regardless of whether such coverage or insurance is mandatory or merely elective under the law; ii.Commercial Auto Liability coverage including owned,hired and non-owned autos with limits of $2,000,000 per occurrence for bodily injury (including death)and property damage; iii.Commercial General Liability coverage on an “occurrence”basis,including coverage for products/completed operations,explosion,collapse and underground hazards, broad form property damage,blanket contractual liability,independent contractors and personal injury,with coverage limits of $2,000,000 for bodily injury (including death)and damage to property;and iv.Umbrella Excess Liability coverage with limits not less than $1,000,000 per occurrence. b.Insurance Requirements.All insurance required to be held by Permittee under this Permit shall: i.Be placed with such insurers and under such forms of policies as may be acceptable to PSE,having A.M.Best’s Financial Security ratings of at least A-;VII; ii.With the exception of Workers’Compensation and Employers’Liability,be endorsed to name PSE as an additional insured; iii.With the exception of Workers’Compensation and Employers’Liability,apply severally and not collectively to each insured against whom claim is made or suit is brought, except that the inclusion of more than one insured shall not operate to increase the insurance company’s limits of liability as set forth in the insurance policy;and iv.Provide that the policies will not be canceled or their limits or coverage reduced or restricted without giving at least thirty (30)days prior written notice to the Real Estate Department of Puget Sound Energy at its home office:Puget Sound Energy,PC Box 97034 PSE-1 OS,Bellevue,Washington 98009-9734. c.General Provisions.All insurance or self-insurance maintained by PSE is excess and not contributory insurance with the insurance required within this Section 6.Permittee shall ensure that any policies of insurance that Permittee or Permittee’s agents,contractors or subcontractors carry against loss of or damage to property (including,but not limited to tools,equipment,vehicles,watercraft and aircraft)or against liability for property damage or bodily injury (including death)shall include a waiver of the insurer’s right of subrogation against PSE.To the extent allowed by its policies,Permittee hereby waives all rights of subrogation or otherwise that Permittee may have against PSE or any insurance company arising from any risk to the extent covered by,or would have been covered by,Permittee’s insurance required hereunder.Permittee shall furnish to PSE insurance certificates,or copies of policies if requested,upon mutual execution of this Permit,and thereafter,fifteen (15)days prior to the expiration date of such policies. The requirements of this Section 6 and the acceptability to PSE of insurers and insurance to be maintained by Permittee are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by Permittee under this Permit. 7.Assignment;Termination.This Permit is not assignable.PSE may terminate this Permit for any reason upon ninety (90)days’notice to Permittee. 8.Surrender and Holdover.Upon expiration or earlier termination of this Permit,Permittee shall remove any personal property or facility which Permittee has placed upon the Property and shall otherwise restore the Property to as good a condition as it was prior to the issuance of this Permit.If Permittee remains in possession of the Property after the expiration or earlier termination of the Term,such possession will be month-to-month at a rate of 150%of the Rent. 9.Default.Permittee will be in default if Permittee fails to (a)pay any amount due under this Permit within 5 days after such amount is due,or (b)comply with any other provision of this Permit within 10 days after receipt of notice,provided that where any such default cannot reasonably be cured within a 10 day period,Permittee will not be in default if Permittee commences to cure the failure within the 10 day period, and thereafter diligently pursues the cure (but in no event shall such extended cure period exceed sixty (60)days).If Permittee is in default pursuant to this Section,PSE may terminate this Permit immediately upon notice to Permittee and/or pursue any other remedies at law or in equity. 10.Consequential Damages.PSE will not be liable to Permittee for consequential damages,such as lost profits or interruption of Permittee’s business. II.No Waiver.No waiver by PSE of any provisions of this Permit is a waiver of any other provisions hereof or of any subsequent breach by Permittee. 12.Miscellaneous.This Permit is governed by the laws of the State of Washington,excluding its conflicts of law rules.If any provision of this Permit is determined by any court or governmental authority to be unenforceable,the parties intend that this Permit be enforced as if the unenforceable provisions were not present and that any partially valid and enforceable provisions be enforced to the extent that they are enforceable.This Permit constitutes the complete and final agreement of the parties pertaining to the Property and supersedes the parties’prior agreements,understandings and discussions relating to the Property.No modification of this Permit is binding unless it is in writing and signed by PSE and Permittee. This Permit may be executed in any number of counterparts,each of which will be deemed an original and all of which counterparts together constitutes on agreement with the same effect as if the parties had signed the same signature page. EXECUTED as of the date first above written. ACCEPTED: City of Retof Puget Sound Energy,Inc. By:(By:____________ S .Real Es(’ate Rep Address:Zyzij//44t/ 1ad7’i/,€1A 957 Phone:—4Z--44fO..7Z/Z- z C I 202305-9112LOT2LLA-012-0791__________—-202305-9012(PTN)—_——R=554.07=06°465i)._-—J513534’W4970.ZZS872535W46.14“—j—N02°3425W30.00N87°2535EVIZ—T.P.O.B.TCPAREA=4595±SQF(R.’D14L)NW1/4,SEC20,T23N.,RO5E..CITYOFRENTONTHUNDERHILLSSEWERINTERCEPTORREHABILITATIONTEMPORARYCONSTRUCTIONPERMITPARCEL202305-9012NOTE:THISIIIJINDOESNOTREPRESENTABOUNDARYCIlDlCVORPROPERTYflAIKICflCUIflA=1142’49COMPILEDFROMCALCULATEDANDEXHIBIT“C”PAGE3OF4NTSN414506’W100.25-N27M928E10.78L=57.86----202305-9010Stantec11130NE33rdPlace,BellevueWA98004(425)869-9448SCALEPLOFFINGDATEDRAWNNTS11/7/20171MMFILEPATNV:\2002...3611\esmt NUIE:IHISINI-ORMAIIONDOESNOTE:PROPERTYLINEDIMENSIONSNOTREPRESENTABOUNDARYCOMPILEDFROMCALCULATEDAND!IIPiVORPROPERTYOWNERSHIPDrrDrr,II(CITYOFRENTONStantecTHUNDERHILLSSEWERINTERCEPTORREHABILITATION11130NE33rdPlace,TEMPORARYCONSTRUCTIONPERMITPARCELS2023059070,2023059005BellevUeWA98004SCALEPLOTflNGDATEDRAWNFILEPATHCHECKEDphone:(425)869-9448NTS11/7/20171MMV:\2002\...3611\esmtMJL-405R)WEXHIBIT“C”PAGE4OF4)INTN202305-9005ii11111llfllhiiiiiji.NNTSL=21.47’-R=103.50’=1I“5304”N24°24’21‘W102.26N22”50’32”W-90.40’19.29’POINTL202305-9112LOT2LLA-012-079202305-9113LOT1LLA-012-079N19”15’25”W93.56’L=21.64-R=429.56’=02”53’11”L=24.13’-R=429.56’1=03”1308”/SEESHT.202305-9112LOT2LLA-012-079TCPAREA=4189±SQFNW1/4,SEC20,T23N.,RO5E.,W.M. EXHIBIT“B”TEMPORARYCONSTRUCTIONPERMITThatportionoftherealpropertydescribedinExhibit“A”herein,lyingintheNortheastquarteroftheSouthwestquarter,intheSoutheastquarteroftheNorthwestquarter,andwithinGovernmentLotsIand3,Section20,Township23North,Range5East,W.M.,inKingCounty,Washington,furtherdescribedasfollows:Aparallel10-footwidestripoflandlyingeasterlyofandadjacenttotheeasterly17.50feet,andaparallel10-footwidestripoflandlyingwesterlyofandadjacenttothewesterly17.50feetofthefollowingdescribedstripofland:A35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline:CommencingatthecenterlineintersectionofSouthEthierRoadandGrantAve.South;ThenceNorth57°06’59”Westalongsaidcenterline92.14feet;ThenceNorth32°31‘05”East30.00feettoapointonthenortheasterlymarginofSouthEthierRd.;ThencecontinuingNorth32°31‘05”East38.27feet;ThenceNorth26°03’28”East69.53feet;ThenceNorth22°23’12”East32.63feettothebeginningofacurveconcavetotheWesthavingaradiusof98.49feet;Thencenorthwesterly96.45feetalongsaidcurvethroughacentralangleof56°06’43”;ThenceNorth32°23’02”West,non-tangenttosaidcurve,16.93feetto“PointC”,lyingonthenorthwesterlylineof“Parcel1”asshownonRecordofSurvey,RecordingNumber8105149005,RecordsofKingCounty,WashingtonlyingNorth26°10’50”East220.44feetfromthesouthwesterlycornerofsaidParcel,saidlinealsobeingnoworformerlyknownasthesoutheasterlymarginoftheBonnevillePowerAdministrationrightofway,Auditor’sFileNumber5178076,RecordsofKingCounty,Washington,andtheTruePointofBeginning; EXHIBIT“B”(CONTINUED)ThencecontinuingNorth32°23’02”West39.76feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof194.87feet;Thencenorthwesterly88.11feetalongsaidcurvethroughacentralangleof25°54’22”;ThenceNorth62°11‘42”West,non-tangenttosaidcurve,48.07feettothebeginningofacurveconcavetotheNortheasthavingaradiusof169.00feet;Thencenorthwesterly139.16feetalongsaidcurvethroughacentralangleof47°10’44”;ThenceNorth15°00’58”West24.14feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof196.00feet;Thencenorthwesterly7.28feetalongsaidcurvethroughacentralangleof02°07’43”to“PointD”,saidpointalsobeingonthesoutheasterlylineofThunderhillCondominiumDivision3,RecordingNumber7908100851,RecordsofKingCounty,Washington,bearingSouth22°40’20”West5.79feetfromthemosteasterlycornerofsaidDivision3,andtheterminusofsaidcenterlinedescription.TOGETHERWITHaparallel10-footwidestripoflandlyingeasterlyofandadjacenttotheeasterly17.50feet,andaparallel10-footwidestripoflandlyingwesterlyofandadjacenttothewesterly17.50feetofthefollowingdescribedstripofland:A35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline:Commencingattheaforementioned“PointD”;Thencenorthwesterly49.51feetalongsaidcurvethroughacentralangleof14°28’20”;ThenceNorth31°37’Ol”West68.66feettothebeginningofanontangentcurveconcavetotheSouthwest,havingaradiusof162.26feetandaradialbearingtowhichbearsNorth58°33’07”East; EXHIBIT“B”(CONTINUED)Thencenorthwesterly46.38feetalongsaidcurvethroughacentralangleof16°22’43”tothebeginningofacurveconcavetotheNortheasthavingaradiusof80.17feet;Thencenorthwesterly45.83feetalongsaidcurvethroughacentralangleof32°45’l7”;ThenceNorth14°49’08”West,non-tangenttosaidcurve,52.98feettothebeginningofanon-tangentcurveconcavetothesouthwesthavingaradiusof111.08feetandaradialbearingtowhichbearsNorth77°12’18”East;Thencenorthwesterly28.54feetalongsaidcurvethroughacentralangleof14°43’22”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof210.94feetandaradialbearingtowhichbearsNorth66°09’06”East;Thencenorthwesterly51.54feetalongsaidcurvethroughacentralangleof14°00’OO”to“PointE”,saidpointbeingonthenortheasterlyprojectionoftheNorthlineofsaidDivision3bearingNorth74°31‘45”East6.76feetfromtheNortheastcornerofsaidDivision3,saidpointalsobeingthebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof210.94feetandaradialbearingtowhichbearsSouth80°09’06”WestandtheTruePointofBeginningofsaidcenterlinedescription;Thencenorthwesterly18.01feetalongsaidcurvethroughacentralangleof4°53’33”;ThenceNorth8°22’07”West,non-tangenttosaidcurve,28.41feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof106.00feet;Thencenorthwesterly37.04feetalongsaidcurvethroughacentralangleof20°01’13”to“PointF”,saidpointbeingontheSouthlineofsaidSoutheastquarteroftheNorthwestquarterandthebeginningofacurveconcavetotheSouthwesthavingaradiusof106.00feetandaradialbearingtowhichbearsNorth61°36’40”East;Thencenorthwesterly33.46feetalongsaidcurvethroughacentralangleof18°05’07”; EXHIBIT“B”(CONTINUED)ThenceNorth46°28’27”West7.32feetto“PointG”,saidpointbeingonthenortherlymarginofthenoworformerlyP.5.P&L.Co.Right-ofWay,AFN5687370,recordsofKingCounty,Washington,andbearsNorth74°32’17”East126.02feetfromsaidSouthlineofsaidGovernmentLot3,asmeasuredalongsaidnortherlymargin,andtheterminusofsaidcenterlinedescription;TOGETHERWITHaparallel10-footwidestripoflandlyingeasterlyofandadjacenttotheeasterly17.50feet,andaparallel10-footwidestripoflandlyingwesterlyofandadjacenttothewesterly17.50feetofthefollowingdescribedstripofland:A35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline:Commencingattheaforementioned“PointG”ThenceNorth46°28’27”West40.43feettothebeginningofacurveconcavetotheNortheasthavingaradiusof89.00feet;Thencenorthwesterlyandnortherlyalongsaidcurve71.10feetthroughacentralangleof45°46’29”;ThenceNorth0°41’57”West66.64feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof71.00feet;Thencenorthwesterlyalongsaidcurve64.41feetthroughacentralangleof51°58’26”;ThenceNorth52°40’23”West36.51feettothebeginningofacurveconcavetotheNortheasthavingaradiusof74.00feet;Thencenorthwesterlyalongsaidcurve70.68feetthroughacentralangleof54°43’24”toapointhereinafterreferredtoas“PointH”ThenceNorth2°03’Ol”East24.36feettothebeginningofanontangentcurveconcavetotheSoutheasthavingaradiusof108.50feetandaradialbearingtowhichbearsNorth89°39’26”West;Thencenortheasterlyalongsaidcurve18.60feetthroughacentralangleof9°49’20”to“PointI”,saidpointbeingonthesoutherlymargin EXHIBIT“B”(CONTINUED)ofthenoworformerlyDiablo—SeattleTransmissionRight-of-Way,AFN3560496,RecordsofKingCounty,Washington,whichbearsNorth87°25’35”East50.80feetfromthewesterlylineofsaidGovernmentLot3,asmeasuredalongsaidmargin,beingthebeginningofanon-tangentcurveconcavetotheSoutheasthavingaradiusof108.50feetandaradialbearingtowhichbearsNorth79°50’06”WestandtheTruePointofBeginningofsaidcenterlinedescription;Thencenortheasterlyalongsaidcurve6.31feetthroughacentralangleof3°20’03”tothebeginningofanon-tangentcurveconcavetotheWesthavingaradiusof99.12feetandaradialbearingtowhichbearsSouth83°14’21”East;Thencenortherlyalongsaidcurve38.24feetthroughacentralangleof22°06’16”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof554.07andaradialbearingtowhichbearsSouth73°44’39”West;Thencenorthwesterlyalongsaidcurve65.57feetthroughacentralangleof6°46’51’tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof241.77andaradialbearingtowhichbearsSouth79°47’l0”West;Thencenorthwesterlyalongsaidcurve37.85feetthroughacentralangleof8°58’15”tothebeginningofanon-tangentcurveconcavetotheWesthavingaradiusof272.08feetandaradialbearingtowhichbearsSouth88°24’54”East;Thencenorthwesterlyalongsaidcurve53.77feetthroughacentralangleof11019’22”to“PointJ”,saidpointbeingonthenortherlymarginofsaidtransmissionright-of-way,whichbearsNorth87°25’35”East16.07feetfromtheSoutheastcornerofLot1,CityofRentonLotLineAdjustmentNumberLLA-012-79,RecodedunderRecordingNumber7910250679,RecordsofKingCounty,Washington,andtheterminusofsaidcenterlinedescription;TOGETHERWITHaparallel10-footwidestripoflandlyingadjacenteasterlyanda10-footwidestriplyingadjacentnortherlyofthefollowingdescribedline:Commencingattheaforementioned“PointI” EXHIBIT“B”(CONTINUED)ThencealongsaidsoutherlymarginNorth87°25’35”East97.80feettotheTruePointofBeginning;ThenceNorth2°34’25”West30.00feet;ThenceSouth87°25’35”West46.14feet;ThenceNorth51°35’34”West49.70feettoaline17.5feeteasterlyofandparallelwithsaiddescribedcenterlineandtheterminusofsaiddescribedline;TOGETHERWITHAparallel10-footwidestripoflandlyingeasterlyofandadjacenttotheeasterly12.50feet,andaparallel10-footwidestripoflandlyingwesterlyofandadjacenttothewesterly12.50feetofthefollowingdescribedstripofland:A25-footwidestripoflandlying12.50feetoneachsideofthefollowingdescribedcenterline:Commencingattheaforementioned“PointJ”,saidpoint,beingthebeginningofanon-tangentcurveconcavetotheSouthwesthavingaradiusof272.08feetandaradialbearingtowhichbearsNorth80°15’43”East;Thencealongsaidcurve57.86feetthroughacentralangleofI2°11‘00”;ThenceNorth27°49’28”West,non-tangenttosaidcurve,10.78feet;ThenceNorth41°45’06”West100.25feettothebeginningofacurveconcavetotheNortheasthavingaradiusof1785.32andaradialbearingtowhichbearsSouth55°27’26”West;Thencenorthwesterlyalongsaidcurve364.99feetthroughacentralangleof11°42’49”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof429.56feetandaradialbearingtowhichbearsSouth67°17’22”West: EXHIBIT“B”(CONTINUED)Thencenorthwesterlyalongsaidcurve24.13feetthroughacentralangleof3°13’08”to“PointK”,saidpointbeingthebeginningofacurveconcavetotheNortheasthavingaradiusof429.56feetandaradialbearingtowhichbearsSouth70030’30”West;Thencenorthwesterlyalongsaidcurve21.64feetthroughacentralangleof2°53’l1”;ThenceNorth19015’25”West93.36feetto“PointL”;ThenceNorthI9°15’25”West19.29feet;ThenceNorth22°50’32”West90.40feet;ThenceNorth24°24’21”West102.26feettothebeginningofacurveconcavetotheNortheasthavingaradiusof103.50feet;Thencealongsaidcurve21.47feetthroughacentralangleof11053c4’ThenceNorth12°31’17”West8.06feetto‘PointM”,saidpointbeingonthesoutherlymarginofthenoworformerlyPugetSoundPower&LightCompanylntermountainPowerNumber2Right-of-Way,saidpointalsobeingonthenortherlylineofLot2,CityofRentonLLA012-79,recordedunderRecordingNumber7910250679,recordsofKingCounty,Washington,bearingSouth69°12’24”East4.14feet,asmeasuredalongsaidnortherlyline,fromtheNorthwestcornerofsaidLot2,andbeingtheTruePointofBeginningofsaidcenterlinedescription;ThencecontinuingNorth12°31‘17”West68.66feettothebeginningofacurve,concavetotheSouthwest,havingaradiusof196.50feet;Thencenorthwesterlyalongsaidcurve48.32feetthroughacentralangleofI4°05’22”to“PointN”,saidpointbeingonthesoutherlymarginofthenoworformerlyPugetSoundPowerandLightCompany’sBeverlyNo.1TransmissionLineRight-of-WayandthebeginningofacurveconcavetotheSouthwestwitharadiusof196.50andaradialbearingtowhichbearsNorth63°23’21”East;Thencenorthwesterlyalongsaidcurve46.63feetthroughacentralangleofI3°35’50”; EXHIBIT“B”(CONTINUED)ThenceNorth40°12’29”West39.34feettothebeginningofacurve,concavetotheNortheast,havingaradiusof53.50feet;Thencenorthwesterlyalongsaidcurve24.57feetthroughacentralangleof26°18’45”to“Point0”,saidpointbeingonthesoutheasterlymarginof1-405andtheterminusofsaidcenterlinedescription.Thesidelinesofdescribedeasementtobeextendedorshortenedtomaintaincontinuouswidthandtoterminateatthemarginsandpropertylineswheredescribedcenterlinesterminate. EXHIBIT“C”PAGE10F4N15°008WNN621142°WNTS48.07202305-9013(PTN)202305-9013//N32°2302W39.76N222312E32.63N26°0328E69.53N32°3105’E30.00Stantec11130NE33rdPlace,BellevueWA98004869-9448CITYOFRENTONTHUNDERHILLSSEWERINTERCEPTORREHABILITATIONPERMANENTEASEMENTPARCEL202305-9013HINDDATEDRAWNFILEPATH11/7/20171MMV:\2002\..3611\esmt N0Q”41‘57”W66.64’=446’29”N46”28’27”W40.43’—____.\CITYOFRENTONTHUNDERHILLSSEWERINTERCEPTORREHABILITATIONPERMANENTEASEMENTPARCEL202305-9013,202305-9012=09°49’2O”14L)EXHIBIT“C”PAGE2OF4POINTH202305-9088—L=70.68’,‘=54°43’24”_—N5240’23”WN,_—36.51’R=71.00’cç—_L64.4iti=51“5826”202305-9084NNTSNi4°49’08”W52.98’-L=45.83’R=80.17’=32”45’17”NOTE:rr,.jrtrxITL.INE.,i,viti’ii,ji’COMPILEDFROMCALCULATEDANDRECORDSOURCES864412-0000(CONDO)//NOTE:THISINFORMATIONDOES/NOTREPRESENTABOUNDARYSIIRVIYORPROPFRTVOWNERSHIPEASEMENTAREA=4,345±SQF/NW1/4&SW1/4,SEC20,T23N.,RO5E.,W.M.Stantec11130NE33rdPlace,BellevueWA98004SCALEPLOTI1NGDATEDRAWNNTS11/7/20171MMFILEPATHV:\2002\...361i\esmtCHECXMJL ,—L’364.99’/R=1785.32’=114249’L=38.24R=99.12=22°06’NOTE:THISii’r’.jnivi,.iIL,I’.LJUCONOTREPRESENTABOUNDARY•SURVEYORPROPERTYOWNERSJi,IEJNT:PROPERTYLINEDIMENSINCOMPILEDFROMCALCULATEDANDRECORDSOURCES—\/———---—SEESHT.4\\EXHIBIT“C”PAGE3OF47NTS\\202305-9112LOT2LLA-012-079202305-9112LOT2LLA-012-079‘7__\N414506’W100.25,7—N27°49’28”E10.78’-L=57.86’R=272.08’12°1100”—N87°25’35”E16.07’POINTJ.—L=37.85’R=241.77’——=08°58’15”—---1557’202305-9012(PTN)—R=554.07’_—06°46’5i)——‘J51°35’34”W49.70’._---S87°25’35”W46.14’N87°25’3,5”E_No234’25’W30.00’O6”W(PqDI4EASEMENTAREA=9,997±SQFNWI/4,SEC20,T23N.,RO5E.,W.M.S8824’202305-9010RPOINTI-T.P.O.B.—Stantec11130NE33rdPlace,BellevueWA98004phone:(425)869-9448CITYOFRENTONTHUNDERHILLSSEWERINTERCEPTORREHABILITATIONPERMANENTEASEMENTPARCEL202305-9012SCALEPL0TrINGDATENTS11/7/2017DRAWN1MMFILEPATHV:\2002\...3611\esmtCHECKEDMJL NOTE;THISINFOATIONDOESNOTE;PROPERTYLINEDIMENSIONSNOTREPRESENTABOUNDARYCOMPILEDFROMCALCULATEDANDIIRVIYflRPRflPFRTYOWNFRSHIPRPCORr)SflIJRflFS12’29”WEXHIBIT“C”PAGE4OF4202305-9005iillIII11IIIIINNTS102.26N22”5032W90.40POINTL202305-9113LOT1LLA-012-079202305-9112LOT2LLA-012-079L=24.13R=429.56t=03”1308”\EASEMENTAREA=5,607±SQFNW1/4,SEC20,T23N.,RO5E.,W.M.CITYOFRENTONTHUNDERHILLSSEWERINTERCEPTORREHABILITATION31i:eCPERMANENTEASEMENTPARCEL202305-9070,202305-9005BellevueWA98004SCALEPLO]11NGDATEDRAWNFILEPATHCHECKEDphone:(425)869-9448NTS11/7/20171MMV:\2002\...3611\esmtMJL EXHIBIT“B”PERMANENTEASEMENTThatportionoftherealpropertydescribedinExhibit“A”herein,lyingintheNortheastquarteroftheSouthwestquarter,intheSoutheastquarteroftheNorthwestquarter,andwithinGovernmentLotsIand3,Section20,Township23North,Range5East,W.M.,inKingCounty,Washington,furtherdescribedasfollows:A35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline:CommencingatthecenterlineintersectionofSouthEthierRoadandGrantAve.South;ThenceNorth57°06’59”Westalongsaidcenterline92.14feet;ThenceNorth32°31‘05”East30.00feettoapointonthenortheasterlymarginofSouthEthierRd.;ThencecontinuingNorth32°31’05”East38.27feet;ThenceNorth26°03’28”East69.53feet;ThenceNorth22°23’12”East32.63feettothebeginningofacurveconcavetotheWesthavingaradiusof98.49feet;Thencenorthwesterly96.45feetalongsaidcurvethroughacentralangleof56°06’43”;ThenceNorth32°23’02”West,non-tangenttosaidcurve,16.93feetto“PointC”,lyingonthenorthwesterlylineof“Parcel1”asshownonRecordofSurvey,RecordingNumber8105149005,RecordsofKingCounty,WashingtonlyingNorth26°10’50”East220.44feetfromthesouthwesterlycornerofsaidParcel,saidlinealsobeingnoworformerlyknownasthesoutheasterlymarginoftheBonnevillePowerAdministrationrightofway,Auditor’sFileNumber5178076,RecordsofKingCounty,Washington,andtheTruePointofBeginning;ThencecontinuingNorth32°23’02”West39.76feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof194.87feet;Thencenorthwesterly88.11feetalongsaidcurvethroughacentralangleof25°54’22”; EXHIBIT“B”(CONTINUED)ThenceNorth62°11‘42”West,non-tangenttosaidcurve,48.07feettothebeginningofacurveconcavetotheNortheasthavingaradiusof169.00feet;Thencenorthwesterly139.16feetalongsaidcurvethroughacentralangleof47°10’44”;ThenceNorth15°00’58”West24.14feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof196.00feet;Thencenorthwesterly7.28feetalongsaidcurvethroughacentralangleof02°07’43”to“PointD”,saidpointalsobeingonthesoutheasterlylineofThunderhillCondominiumDivision3,RecordingNumber7908100851,RecordsofKingCounty,Washington,bearingSouth22°40’20”West5.79feetfromthemosteasterlycornerofsaidDivision3,andtheterminusofsaidcenterlinedescription.TOGETHERWITHa35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline:Commencingattheaforementioned“PointD”;Thencenorthwesterly49.51feetalongsaidcurvethroughacentralangleof14°28’20”;ThenceNorth31°37’Ol”West68.66feettothebeginningofanon-tangentcurveconcavetotheSouthwest,havingaradiusof162.26feetandaradialbearingtowhichbearsNorth58°33’07”East;Thencenorthwesterly46.38feetalongsaidcurvethroughacentralangleofI6°22’43”tothebeginningofacurveconcavetotheNortheasthavingaradiusof80.17feet;Thencenorthwesterly45.83feetalongsaidcurvethroughacentralangleof32°45’l7”;ThenceNorth14°49’08”West,non-tangenttosaidcurve,52.98feettothebeginningofanon-tangentcurveconcavetothesouthwesthavingaradiusof111.08feetandaradialbearingtowhichbearsNorth77°12’18”East; EXHIBIT“B”(CONTINUED)Thencenorthwesterly28.54feetalongsaidcurvethroughacentralangleof14°43’22”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof210.94feetandaradialbearingtowhichbearsNorth66°09’06”East;Thencenorthwesterly51.54feetalongsaidcurvethroughacentralangleof14°00’OO”to“PointE”,saidpointbeingonthenortheasterlyprojectionoftheNorthlineofsaidDivision3bearingNorth74°31‘45”East6.76feetfromtheNortheastcornerofsaidDivision3,saidpointalsobeingthebeginningof,anon-tangentcurveconcavetotheNortheasthavingaradiusof210.94feetandaradialbearingtowhichbearsSouth80°09’06”WestandtheTruePointofBeginningofsaidcenterlinedescription;Thencenorthwesterly18.01feetalongsaidcurvethroughacentralangleof4°53’33”;ThenceNorth8°22’07”West,non-tangenttosaidcurve,28.41feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof106.00feet;Thencenorthwesterly37.04feetalongsaidcurvethroughacentralangleof20°01‘13”to“PointF”,saidpointbeingontheSouthlineofsaidSoutheastquarteroftheNorthwestquarterandthebeginningofacurveconcavetotheSouthwesthavingaradiusof106.00feetandaradialbearingtowhichbearsNorth61°36’40”East;Thencenorthwesterly33.46feetalongsaidcurvethroughacentralangleof18°05’07”;ThenceNorth46°28’27”West7.32feetto“PointG”,saidpointbeingonthenortherlymarginofthenoworformerlyP.S.P&L.Co.Right-ofWay,AFN5687370,recordsofKingCounty,Washington,andbearsNorth74°32’17”East126.02feetfromsaidSouthlineofsaidGovernmentLot3,asmeasuredalongsaidnortherlymargin,andtheterminusofsaidcenterlinedescription;TOGETHERWITHa35-footwidestripoflandlying17.50feetoneachsideofthefollowingdescribedcenterline: EXHIBIT“B”(CONTINUED)Commencingattheaforementioned“Point0”ThenceNorth46°28’27”West40.43feettothebeginningofacurveconcavetotheNortheasthavingaradiusof89.00feet;Thencenorthwesterlyandnortherlyalongsaidcurve71.10feetthroughacentralangleof45°46’29”;ThenceNorth0°41‘57”West66.64feettothebeginningofacurveconcavetotheSouthwesthavingaradiusof71.00feet;Thencenorthwesterlyalongsaidcurve64.41feetthroughacentralangleof51°58’26”;ThenceNorth52°40’23”West36.51feettothebeginningofacurveconcavetotheNortheasthavingaradiusof74.00feet;Thencenorthwesterlyalongsaidcurve70.68feetthroughacentralangleof54°43’24”toapointhereinafterreferredtoas“PointH”ThenceNorth2°03’Ol”East24.36feettothebeginningofanon-tangentcurveconcavetotheSoutheasthavingaradiusof108.50feetandaradialbearingtowhichbearsNorth89°39’26”West;Thencenortheasterlyalongsaidcurve18.60feetthroughacentralangleof9°49’20”to“PointI”,saidpointbeingonthesoutherlymarginofthenoworformerlyDiablo—SeattleTransmissionRight-of-Way,AFN3560496,RecordsofKingCounty,Washington,whichbearsNorth87°25’35”East50.80feetfromthewesterlylineofsaidGovernmentLot3,asmeasuredalongsaidmargin,beingthebeginningofanon-tangentcurveconcavetotheSoutheasthavingaradiusof108.50feetandaradialbearingtowhichbearsNorth79°50’06”WestandtheTruePointofBeginningofsaidcenterlinedescription;Thencenortheasterlyalongsaidcurve6.31feetthroughacentralangleof3°20’03”tothebeginningofanon-tangentcurveconcavetotheWesthavingaradiusof99.12feetandaradialbearingtowhichbearsSouth83°14’21”East;Thencenortherlyalongsaidcurve38.24feetthroughacentralangleof EXHIBIT“B”(CONTINUED)22°06’16”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof554.07andaradialbearingtowhichbearsSouth73°44’39”West;Thencenorthwesterlyalongsaidcurve65.57feetthroughacentralangleof6°46’51’tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof241.77andaradialbearingtowhichbearsSouth79°47’10”West;Thencenorthwesterlyalongsaidcurve37.85feetthroughacentralangleof8°58’15”tothebeginningofanon-tangentcurveconcavetotheWesthavingaradiusof272.08feetandaradialbearingtowhichbearsSouth88°24’54”East;Thencenorthwesterlyalongsaidcurve53.77feetthroughacentralangleofI1°19’22”to“PointJ”,saidpointbeingonthenortherlymarginofsaidtransmissionright-of-way,whichbearsNorth87°25’35”East16.07feetfromtheSoutheastcornerofLot1,CityofRentonLotLineAdjustmentNumberLLA-012-79,RecodedunderRecordingNumber7910250679,RecordsofKingCounty,Washington,andtheterminusofsaidcenterlinedescription;TOGETHERWITHthoseportionslyingeasterlyofsaiddescribedcenterlineandwesterlyandsoutherlyofthefollowingdescribedline:Commencingattheaforementioned“PointI”ThencealongsaidsoutherlymarginNorth87°25’35”East97.80feettotheTruePointofBeginning;ThenceNorth2°34’25”West30.00feet;ThenceSouth87°25’35”West46.14feet;ThenceNorth51°35’34”West49.70feettotheeasterlymarginofthe35’widepermanenteasementpreviouslydescribedhereinandtheterminusofsaiddescribedline;TOGETHERWITHa25-footwidestripoflandlying12.50feetoneachsideofthefollowingdescribedcenterline: EXHIBIT“B”(CONTINUED)Commencingattheaforementioned“PointJ”,saidpoint,beingthebeginningofanon-tangentcurveconcavetotheSouthwesthavingaradiusof272.08feetandaradialbearingtowhichbearsNorth80015’43”East;Thencealongsaidcurve57.86feetthroughacentralangleofI2°11‘00”;ThenceNorth27°49’28”West,non-tangenttosaidcurve,10.78feet;ThenceNorth41°45’06”West100.25feettothebeginningofacurveconcavetotheNortheasthavingaradiusof1785.32andaradialbearingtowhichbearsSouth55°27’26”West;Thencenorthwesterlyalongsaidcurve364.99feetthroughacentralangleofI1°42’49”tothebeginningofanon-tangentcurveconcavetotheNortheasthavingaradiusof429.56feetandaradialbearingtowhichbearsSouth67°17’22”West;Thencenorthwesterlyalongsaidcurve24.13feetthroughacentralangleof3°13’08”to“PointK”,saidpointbeingthebeginningofacurveconcavetotheNortheasthavingaradiusof429.56feetandaradialbearingtowhichbearsSouth70°30’30”West;Thencenorthwesterlyalongsaidcurve21.64feetthroughacentralangleof2°53’l1”;ThenceNorthI9°15’25”West93.36feetto“PointL”;ThenceNorth19015’25”West19.29feet;ThenceNorth22°50’32”West90.40feet;ThenceNorth24°24’21”West102.26feettothebeginningofacurveconcavetotheNortheasthavingaradiusof103.50feet;Thencealongsaidcurve21.47feetthroughacentralangleof11°53’04”; EXHIBIT“B”(CONTINUED)ThenceNorth12°31’17”West8.06feetto“PointM”,saidpointbeingonthesoutherlymarginofthenoworformerlyPugetSoundPower&LightCompanyIntermountainPowerNumber2Right-of-Way,saidpointalsobeingonthenortherlylineofLot2,CityofRentonLLA012-79,recordedunderRecordingNumber7910250679,recordsofKingCounty,Washington,bearingSouth69°12’24”East4.14feet,asmeasuredalongsaidnortherlyline,fromtheNorthwestcornerofsaidLot2,andbeingtheTruePointofBeginningofsaidcenterlinedescription;ThencecontinuingNorth12°31’17”West68.66feettothebeginningofacurve,concavetotheSouthwest,havingaradiusof196.50feet;Thencenorthwesterlyalongsaidcurve48.32feetthroughacentralangleof14°05’22”to“PointN”,saidpointbeingonthesoutherlymarginofthenoworformerlyPugetSoundPowerandLightCompany’sBeverlyNo.ITransmissionLineRight-of-WayandthebeginningofacurveconcavetotheSouthwestwitharadiusof196.50andaradialbearingtowhichbearsNorth63°23’21”East;Thencenorthwesterlyalongsaidcurve46.63feetthroughacentralangleofI3°35’50”;ThenceNorth40°12’29”West39.34feettothebeginningofacurve,concavetotheNortheast,havingaradiusof53.50feet;Thencenorthwesterlyalongsaidcurve24.57feetthroughacentralangleof26°18’45”to“Point0”,saidpointbeingonthesoutheasterlymarginof1-405andtheterminusofsaidcenterlinedescription. Thesidelinesofdescribedeasementtobeextendedorshortenedtomaintaincontinuouswidthandtoterminateatthemarginsandpropertylineswheredescribedcenterlinesterminate. Appendix E Department of Ecology Water Quality Certificate STATEOFWASHINGTONDEPARTMENTOFECOLOGYNorthwestRegionOfficeP0Box330316,Shoreline,WA98133-9716•206-594-0000January10,2023CityofRentonATTN:JoeStowell,WastewaterUtilityEngineeringManager1055SouthGradyWayRenton,WA98057Re:WaterQualityCertificationOrderNo.21524(CorpsNo.NWS-2019-0144-a),ThunderHillsSewerInterceptorRehabilitationProject,CityofRenton,KingCounty,WashingtonDearJoeStowell:OnAugust1,2022,theCityofRentonsubmittedarequestforaSection401WaterQualityCertification(WQC)underthefederalCleanWaterActfortheThunderHillsSewerInterceptorRehabilitationproject,intheCityofRenton,KingCounty,Washington.OnbehalfofthestateofWashington,theDepartmentofEcologycertifiesthattheworkdescribedintheWaterQualityCertificationRequestandsupplementaldocumentscomplieswithapplicableprovisionsofSections301,302,303,306,and307oftheCleanWaterAct,asamended,andapplicablestatelaws.ThiscertificationissubjecttotheenclosedWaterQualityCertificationOrder(WQCOrder).PleaseensurethatanyonedoingworkunderthisWQCOrderhasread,isfamiliarwith,andisabletofollowalloftheprovisionswithintheattachedWQCOrder.Ifyouhaveanyquestionsaboutthisdecision,pleasecontactNeilMolstadatneil.molstad@ecy.wa.govor(425)389-5549.TheenclosedWQCOrdermaybeappealedbyfollowingtheproceduresdescribedwithin.Sincerely,ió’eBurcar,SectionManagerShorelandsandEnvironmentalAssistanceProgramNorthwestRegionalOfficeSentviae-mail:jstowell@rentonwa.govEnclosure(1) WQCOrderNo.21524,CorpsNo.NWS-2019-0144-aAquaticsIDNo.137057January10,2023Page2of2E-cc:SamanthaStanford,U.S.ArmyCorpsofEngineersJesseNewman,CityofRentonDanaMock,DepartmentofEcologyNeilMoistad,DepartmentofEcologyLoree’Randall,DepartmentofEcologyECYREFEDPERMITS@ecy.wa.gov INTHEMATTEROFGRANTINGA)WQCORDERNo.21524WATERQUALITYCERTIFICATIONTO)CorpsReferenceNo.NWS-2019-0144-aCityofRenton)ThunderHillsSewerInterceptorRehabilitationpursuantto33U.S.C.1341(FWPCA§)Project,locatedwithinThunderHillsCreek,its401),RCW90.48.120,RCW90.48.260and)tributaries,andassociatedwetlands,Chapter173-201AWAC)CityofRenton,KingCounty,WashingtonCityofRentonAttn:JoeStowell,WastewaterUtilityEngineeringManager1055SouthGradyWayRenton,WA98057OnAugust1,2022,theCityofRentonsubmittedarequestforaSection401WaterQualityCertification(WQC)underthefederalCleanWaterActfortheThunderHillsSewerInterceptorRehabilitationProject,locatedintheCityofRenton,KingCounty,Washington.Thefollowingrequiredprocessingdatesarereferencedbelow:•OnJune29,2022,theCityofRentonsubmittedapre-filingmeetingrequest.•OnNovember30,2022,theU.S.ArmyCorpsofEngineers(Corps)sentanemailnotificationtoEcologythattheyarereviewingtheprojectforauthorizationunderNationwidePermitNos.14and58,whichrequiresanindividualSection401WQC.•OnOctober19,2022,Ecologyissuedapublicnoticefortheproject.Thisprojectproposestoreplaceapproximately1,469linealfeet(LF)ofexisting12inchdiameterpipewithnew12inchpipe,rehabilitateapproximately1,404LFofexisting12inch&10inchdiametersewerpipe,install8newmanholesalongthepipeline,rehabilitateanexistinggravelmaintenanceroadadjacenttothesewerinterceptor,andinstallstreamandhabitatenhancementplantings.0.025acresofimpactstoCategoryIllwetlandswillbemitigatedthroughthepurchaseofcreditsfromtheSpringbrookMitigationBank.TheprojectwillalsohavetemporaryimpactstoThunderHillsCreekandasmallamountofpermanentimpacttooneofitstributaries.TheprojectsiteislocatedalongandunderneathThunderHillsCreekbetweenInterstate405andtheintersectionofGrantAvenueSouthandSouth18thStreetintheCityofRenton,KingCounty,Washington,Section20,Township23N.,Range05E.,withinWaterResourceInventoryArea(WRIA)9(Duwamish-Green).WiththisOrder,EcologyisgrantingtheCityofRenton’srequestforaSection401WaterQualityCertificationfortheThunderHillsSewerInterceptorRehabilitationproject,providedthattheactivityisconductedinaccordancewiththeSection401WaterQualityCertificationrequestandattachmentsEcologyreceivedonAugust1,2022,andthefollowingsupportingdocumentation:Version7-2022 WQCOrderNo.21524,CorpsNo.NWS-2019-0144-aAquaticsIDNo.137057January10,2023Page2of51.WashingtonDepartmentofFishandWildlifeHydraulicProjectApprovalfortheThunderHillsSanitarySewerInterceptorReplacementProject,issuedJuly12,2019andexpiringJuly11,2024.2.TechnicalMemorandum—ThunderHillsCreekSanitarySewerInterceptorRehabilitationSpringbrookCreekMitigationBankUsePlanupdatedMay29,2019.3.USACEPermitNotificationforReferenceNumberNWS-2019-0144-a,datedNovember30,2022.Basedontheinformationsubmitted,Ecologyhasdeterminedthatthedischargefromtheprojectwillcomplywithstatewaterqualityrequirements.Priortoundertakinganychangesthatmateriallyaltertheproject,theCityofRentonmustcontactEcologytodeterminewhetheranewSection401WaterQualityCertificationisrequired.IssuanceofthisSection401WaterQualityCertificationforthisproposaldoesnotauthorizetheCityofRentontoexceedapplicablestatewaterqualitystandards(Chapter173-201AWAC),groundwaterqualitystandards(Chapter173-200WAC),orsedimentqualitystandards(Chapter173-204WAC).Furthermore,nothinginthisSection401WaterQualityCertificationabsolvestheApplicantfromliabilityforcontaminationandanysubsequentcleanupofsurfacewaters,groundwaters,orsedimentsresultingfromprojectconstructionoroperations.SpecialConditions:WetlandCompensatoryMitigation1.TheCityofRentonshallmitigatewetlandimpactsasdescribedintheTechnicalMemorandum—ThunderHillsCreekSanitarySewerInterceptorRehabilitationSpringbrookCreekMitigationBankUsePlanupdatedMay29,2019andtheUSACEPermitNotificationforReferenceNumberNWS-2019-0144-a,datedNovember30,2022.•Justification-Alterationofwaterqualitynecessitatestheuseofmitigationasamethodofcontrollingpollution.Whenadequatemitigationisprovided,theimpactsarenotconsideredsignificantenoughtowaterquality,atleastinthelong-term.Thewaterqualitystandards,alongwithmitigation,protectwetlandsaswellaspermittingsomelevelofdegradationwhereunavoidableornecessary.•Citation—33CFR332,40CFR131.12,40CFR230,subpartJ,Chapter90.48RCW,Chapter90.54RCW,Chapter90.74RCW,Chapter173-201AWAC,WAC173-201A-260(3)(i-ii),WAC173-201A-300,andWAC173-225-010. WQCOrderNo.21524,CorpsNo.NWS-2019-0144-aAquaticsIDNo.137057January10,2023Page3of52.Priortoimpactingwetlands,theCityofRentonshallsubmittoEcologydocumentationfromthebanksponsorverifyingthepurchaseof0.021wetlandmitigationbankcredits(credits)fromtheSpringbrookMitigationBank.ThisdocumentationmustincludetheEcologyOrderNumber,Orderissuancedate,impactacreage,theamountofcreditsrequiredbytheOrder,anddateofcreditpurchase.•Justification-Thisconditionisnecessarytoensurethecompensatorymitigationwasactuallyprovidedbythebank.•Citation—33CFR332,40CFR131.12,40CFR230,subpartJ,RCW47.85.040,Chapter90.48RCW,Chapter90.54RCW,Chapter90.74RCW,Chapter173-201AWAC,WAC173-201A-260(3)(i-ii),WAC173-201A-300,andWAC173-225-010.Inviewoftheforegoingandinaccordancewith33U.S.C.§1341,RCW90.48.120,RCW90.48.260Chapter173-200WACandChapter173-201AWAC,thisWQCisgrantedtotheCityofRentonfortheThunderHillsSewerInterceptorRehabilitationproject.ThisCertificationisnoteffectiveuntiltheU.S.CorpsofEngineers(Corps)SeattleDistrictissuesaDepartmentoftheArmy(DA)permitforthisproject.OrderNo.21524willremainvalidforthedurationoftheassociatedDApermit.TheCityofRentonshouldsendacopyofthefinalDApermittofednotification@ecy.wa.govwithintwoweeksofreceivingit.YourrighttoappealYouhavearighttoappealthisOrdertothePollutionControlHearingsBoard(PCHB)within30daysofthedateofreceipt.TheappealprocessisgovernedbyRCW43.21BandWAC371-08.“Dateofreceipt”isdefinedinRCW43.21b.001(2).Moreinformationisavailableathttps://eluho.wa.gov/content/11.Toappeal,youmustdoallofthefollowingwithin30daysofthedateofreceiptofthisOrder:•FileyournoticeofappealandacopyofthisOrderwiththePCHB(seefilingoptionsbelow).“Filing”meansactualreceiptbythePCHBduringregularbusinesshoursasdefinedinWAC371-08-305and-335.“Noticeofappeal”isdefinedinWAC371-08-340.•ServeacopyofyournoticeofappealandthisOrderontheDepartmentofEcology,inpaperform,bymailorinperson(seeaddressesbelow).E-mailisnotaccepted.YoumustalsocomplywithotherapplicablerequirementsinRCW43.218andWAC371-08. WQCOrderNo.21524,CorpsNo.NWS-2019-0144-aAquaticsIDNo.137057January10,2023Page4ofsFilinganappealwiththePCHB:FilingbymailMailingAddress:PollutionControlHearingsBoardPCBox40903Olympia,WA98504-0903FilingelectronicallyE-mailAddress:ServingacopyoftheappealonEcology:Filinginperson(orbycertifiedmail/courier)StreetAddress:PollutionControlHearingsBoard1111IsraelRDSWSTE301Tumwater,WA98501pchb-shbappeals@eluho.wa.govFilingbymailMailingAddress:DepartmentofEcologyAttn:AppealsProcessingDeskP0Box47608Olympia,WA98504-7608ContactInformationPleasedirectallquestionsaboutthisOrderto:Filinginperson(orbycertifiedmail/courier)StreetAddress:DepartmentofEcologyAttn:AppealsProcessingDesk300DesmondDriveSELacey,WA98503NeilMolstadDepartmentofEcology—NorthwestRegionOfficeP0Box330316Shoreline,WA98133-9716neil.molstad@ecy.wa.govMoreInformation•PollutionControlHearingsBoardWebsitehttp://www.eluho.wa.gov/content/11ForthemostcurrentinformationregardingfilingwiththePCHB,visit:https://eluho.wa.gov/content/11ElectroniccopiesofappealsarenotacceptedattheDepartmentEcologyperWAC371-08-305(10). WQCOrderNo.21524,CorpsNo.NWS-2019-0144-aAquaticsIDNo.137057January10,2023Page5ofsChapter43.21BRCW-EnvironmentalandLandUseHearingsOffice—PollutionControlHearingsBoardhttp://app.Ieg.wa.gov/RCW/defauIt.aspx?cite=43.21B•Chapter371-08WAC—PracticeAndProcedurehttp://app.Ieg.wa.gov/WAC/defauIt.aspx?cite=371-08•Chapter34.05RCW—AdministrativeProcedureActhttp://appieg.wa.gov/RCW/default.aspx?cite=34.05•Chapter90.48RCW—WaterPollutionControlhttp://app.leg.wa.gov/RCW/default.aspx?cite=90.48•Chapter173.204WAC—SedimentManagementStandardshttp://apps.leg.wa.gov/WAC/default.aspx?cite=173-204•Chapter173-200WAC—WaterQualityStandardsforGroundWatersoftheStateofWashingtonhttp://apps.leg.wa.gov/WAC/defaultaspx?cite=173-200•Chapter173-201AWAC—WaterQualityStandardsforSurfaceWatersoftheStateofWashingtonhttp://apps.leg.wa.gov/WAC/default.aspx?cite=173-201ASignature______________________________January10,2023Burcar,SectionManagerDateShorelandsandEnvironmentalAssistanceProgramNorthwestRegionOffice Appendix F Bank Use Plan Memo 1 T E C H N I C A L M E M O R A N D U M Date: Updated May 29, 2019 To: Rebecca Saur, Stantec From: Hugh Mortensen, Tess Brandon, and Sarah Sandstrom Project Number: 131113 Project Name: Thunder Hills Creek Sanitary Sewer Interceptor Rehabilitation Subject: Springbrook Creek Mitigation Bank Use Plan The proposed Thunder Hills Creek Sanitary Sewer Interceptor Project will have unavoidable direct wetland impacts. The applicant, the City of Renton Public Works, proposes to mitigate for these direct wetland impacts at the Springbrook Creek Wetland and Habitat Mitigation Bank (Springbrook Bank). This memorandum describes how the Thunder Hills Creek sanitary sewer interceptor rehabilitation project complies with the appropriate process for use of the Springbrook Creek mitigation bank, and is intended to serve as the bank use plan for that transaction. The contents of this plan are based on Using Credits from Wetland Mitigation Banks: Guidance to Applicants on Submittal Contents for Bank Use Plans (Interagency Review Team for Washington State 2009) and Springbrook Creek Wetland and Habitat Mitigation Bank: Mitigation Banking Instrument (WSDOT and City of Renton 2006). 1. Project Description Thunder Hills Sanitary Sewer Interceptor was installed in 1965 and, like many sewer projects of that time, was installed in a stream valley to take advantage of favorable gravity-flow conditions. It consists of approximately 3,600 lineal feet of 10-inch to 18- inch concrete pipe that runs beneath or adjacent to Thunder Hills Creek. The depth of the pipe varies, and may be greater than 30 feet in some areas. Currently, access to the existing sewer is poor. Erosion along the creek has compromised the sewer interceptor in the past; portions of the stream bank were stabilized with gabion baskets in the early 1980s, and more repairs that used large quantities of rip-rap armoring were done in 2008 and 2009. The City proposes to improve system components and access for the sanitary sewer interceptor through a combination of Cured-In-Place-Pipe (CIPP) technologies and construction of replacement sewer line segments. From the northern end of the project area south, proposed improvements include adding an equipment turnaround at Station 2 6+50,1 building a new access road across PSE property at Station 15+00, and rebuilding the entrance road at Station 30+00. A new parallel sewer will be installed from approximately Station 3+28 to 11+20 and 13+08 to 15+44 underneath the new/improved access roads. The remaining portion of the existing sewer will be rehabilitated in place using CIPP technology. Existing rock buttresses and rockeries south of Station 6+00 will be rebuilt to protect the existing/new sewer and access road. Construction associated with proposed sewer interceptor rehabilitation will result in some disturbance to on-site wetlands and their associated buffers. Impacts from proposed project activities include temporary impacts (vegetation clearing) from construction, direct wetland impacts (vegetation clearing and wetland fill) from new access roads, and impacts to wetland buffers (vegetation clearing) from new access roads. The sewer interceptor rehabilitation work itself will not result in permanent impacts to wetlands or wetland buffers. Impact areas are shown on project site plan drawings submitted with this memorandum. 2. Existing Conditions of Wetlands and Buffers Six small wetlands were delineated in the project area. The wetlands were named alphabetically based on location along the creek, from upstream to downstream. Wetland A was categorized as a Category III slope/depressional wetland with a habitat score of four and a total score of 17. Wetland B was categorized as a Category III riverine wetland with a habitat score of six and a total score of 19. Wetland C was categorized as a Category IV slope wetland with a habitat score of five and a total score of 14. Wetland D was categorized as a Category III riverine wetland with a habitat score of five and a total score of 18. Wetland E was categorized as a Category III depressional wetland with a habitat score of five and a total score of 17. Wetland F was categorized as a Category III slope wetland with a habitat score of five and a total score of 16. All wetlands are located adjacent to Thunder Hills Creek, with the exception of Wetland A, which is collocated with the tributary stream (Stream E) at the upstream end of the project area. A summary of existing wetlands is provided in Table 1. Detailed information on wetlands delineated in the project area, and a map of all delineated features, are provided in the Stream & Wetland Delineation Report (The Watershed Company 2015). 1 Station numbers refer to location markers found on project site plan drawings. 3 Table 1: Existing Conditions of Wetlands Feature Ecology Rating Habitat Score HGM classification Standard Buffer Width (ft) Wetland A III 4 Slope/Depressional 75 Wetland B III 6 Riverine 100 Wetland C IV 5 Slope/Depressional 50 Wetland D III 5 Riverine 100 Wetland E III 5 Depressional 100 Wetland F III 5 Slope 100 Non-wetland areas are dominated mainly by a native deciduous forest with a few coniferous trees. The forest has an understory that includes typical shade-tolerant native shrubs and groundcovers. Patches of locally-dominant invasive weeds such as Himalayan blackberry and English ivy are also present throughout the forest (Figure 5). Dense monoculture of Himalayan blackberry and Japanese knotweed predominate where powerlines cross the stream and along forested edges. Thunder Hills Creek is a perennial stream that flows north-northwest through the entire project area. Bed and bank armoring have been placed along significant portions of the stream channel in an effort to prevent erosion. Large, loose riprap occurs throughout the channel, and gabion baskets armor sections in the northern (downstream) portion of t he project area (Figure 3). As described in the Critical Areas Report (The Watershed Company 2017), multiple barriers downstream prevent salmonid fish use on-site in Thunder Hills Creek. Seven presumed seasonal tributary streams join Thunder Hills Creek along its course through the project area. 3. Wetland Impacts 3.1 Avoidance and Minimization of Wetland Impacts The entire project would be located within stream and wetland buffers designated by the City of Renton; therefore, strict avoidance of buffer impacts is not feasible. Nevertheless, several project elements minimize the area of wetland and wetland buffer impacted. These minimization measures are described below: 4 • CIPP technologies are used to repair the existing sewer interceptor where it crosses Thunder Hills Creek; • Where replacement pipe segments are proposed, construction those segments under the access road to minimize the footprint of construction and maintenance impacts; • Locating the improved/new access roads over the existing unmaintained trail/roads to minimize impacts to vegetation in the combined wetland and stream buffer; • Using a narrower width path (seven feet compared to 12-foot road) for specialized equipment on the northern portion of the project area; • Implementing a Temporary Erosion and Sediment Control plan, provided with the project site plan drawings; and • Timing construction to avoid the wet season when sedimentation and erosion would be anticipated. 3.2 Unavoidable Wetland Impacts The project will result in unavoidable wetland impacts. Temporary impacts to wetlands and wetland buffers (22,703 square feet) will be restored to their pre-existing conditions following construction. Permanent wetland buffer and stream buffer impacts (41,000 square feet) will be mitigated on-site. Direct wetland impacts include placement of a new gravel access road within Wetland F, and construction of a new gravel turnaround that extends partially into Wetland E at the southernmost extent of the project area. These direct wetland impacts total 1,076.3 square feet (0.025 acres) (Table 2). Wetland Category Area of Impact Credits Required A III Slope/Depressional 6.9 square feet (0.0002 acres) 0.0002 E III Depressional 18.6 square feet (0.001 acres) 0.001 F III Slope 1,050.8 square feet (0.024 acres) 0.024 Total III 1,076.3 square feet (0.025 acres) 0.025 3.3. Impacted Wetland Functions Wetland E Wetland E was classified as a Category III depressional wetland with a habitat score of five and a total score of 17. Only a small area of Wetland E will be directly affected by 5 the project. Wetland E is a disturbed wetland that has formed on top of fill material and is located on what once was likely the stream channel of Thunder Hills Creek. The culvert that carries Thunder Hills Creek under I-405 is under Wetland E; the culvert inlet is located just south of the wetland. Scrub-shrub and emergent vegetation in the wetland may filter runoff from adjacent development before it reaches Thunder Hills Creek and downstream impaired waters of the Black River. Due to the limited area of impact, this project is not expected to affect water storage potential of the wetland significantly. Similarly, the small area of impact will not significantly affect diversity of habitat structures within the wetland. Wetland F Wetland F was categorized as a Category III slope wetland with a habitat score of five and a total score of 16. The project will fill the majority of Wetland F, effectively eliminating its current functions, described below. Because the average slope of the wetland is greater than five percent and the vegetation has a limited potential for trapping sediments and pollutants from adjacent development before it reaches Thunder Hills Creek and downstream impaired waters of the Black River. The nearby residential development may generate flashy runoff associated with impervious surface coverage. The wetland position and vegetative composition would have limited potential to slow or store floodwaters. However, and flood reduction potential would be beneficial to downstream development, which encompasses the urban core of the City of Renton. The wetland itself has limited site complexity in terms of vegetation, hydroperiods, and special habitat features. Similarly, given the proximity of adjacent high-intensity development, there is limited potential to support habitat in the surrounding landscape. However, the adjacent Thunder Hills Creek provides instream, riparian, and downed wood habitats, which increase the habitat value of the wetland. 4. Springbrook Creek Mitigation Bank Use 4.1 Wetland Mitigation Site Selection Rationale The project applicant considered several alternatives for mitigating for permanent wetland impacts. Given the steep nature of the project site and the lack of public 6 ownership, on-site wetland mitigation outside of existing wetland areas was not a feasible option. Additionally, The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have established a preference for use of mitigation banks or in-lieu-fee programs over on-site, permittee-responsible mitigation (33 CFR §325 and 332, 40 CFR §230). The City of Renton has an approved wetland mitigation bank on Springbrook Creek and King County operates an in lieu fee program through its Mitigation Reserves Program. The applicant proposes to purchase wetland credits at the Springbrook Mitigation Bank (Springbrook Bank) to offset permanent wetland impacts. The Springbrook Bank is owned by the City of Renton, and its Service Area includes portions of the Green- Duwamish Watershed (WRIA 9) including the project site. The Springbrook Bank was selected over the King County Mitigation Reserves Program because of its proximity to the impact site and location within the City of Renton and WRIA 9. 4.2 Wetland Functions Provided at Wetland Mitigation Bank The Springbrook Bank created approximately 18 acres of new wetland area, and rehabilitated or enhanced approximately 85 acres of wetlands. The proximity of the Springbrook Bank to the lower reaches of Springbrook Creek and the Lower Green River provides an opportunity for the wetland mitigation bank to improve water quality, hydrologic, and riparian functions. Dense native vegetation will help filter water quality. In addition to water quality, riparian vegetation supports detritus and shading, which supports instream habitat for salmonids. Springbrook Creek floodwater is captured by the bank wetlands during high water events because parts of the manmade levees were removed. This additional flood storage capacity reduces downstream flood elevations. Additionally, because the Springbrook Bank is located within an otherwise densely developed area, similar to the impact site, the mitigation bank protects and enhances the remaining area available for wildlife populations. 4.3 Wetland Functions Not Mitigated at Wetland Mitigation Bank Temporary impacts to wetlands and wetland buffers will be mitigated on-site rather than at the mitigation bank. This on-site restoration is warranted, as it will help to maintain existing functions present at the site to the maximum extent feasible. 7 Additionally, permanent impacts to wetland buffers will be mitigated on-site. The on- site wetland mitigation is warranted to maintain buffering functions for the stream and existing wetland areas that will remain. 4.4 Proposed Mitigation Credits The project proposes to mitigate for unavoidable permanent impacts to Wetlands E and F using the Springbrook Creek Mitigation Bank. Because both wetlands are rated as Category III, 0.85 credits at the Springbrook Creek Mitigation Bank are required per impact acre (WSDOT and City of Renton 2006). Therefore, permanent impact to a total of 0.03 acres of Category III wetland (Wetlands E and F) requires 0.026 mitigation credits. 4.5 Credit Purchase or Transfer Timing Credits will be purchased immediately upon receiving permit approvals from regulatory agencies. References Interagency Review Team for Washington State. 2009. Using Credits from Wetland Mitigation Banks: Guidance to Applicants on Submittal Contents for Bank Use Plans. The Watershed Company. 2015. Stream & Wetland Delineation Report Thunder Hills Sanitary Sewer Interceptor Alternatives Analysis, Renton, WA. Prepared for City of Renton. The Watershed Company. 2017. Critical Areas Report Thunder Hills Sanitary Sewer Line- Renton, WA. Prepared for Stantec Consulting Services, Inc. Washington State Department of Transportation (WSDOT). 2006. Springbrook Creek Wetland and Habitat Mitigation Bank Prospectus. Washington State Department of Transportation (WSDOT) and City of Renton. 2006. Springbrook Creek Wetland and Habitat Mitigation Bank: Mitigation Banking Instrument. Appendix G King County Construction Dewatering Form Industrial Waste Program Individual Authorization Application for Construction Dewatering Alternative Formats On Request 206-477-5300 TTY Relay: 711 Instructions It may be possible to send water from construction sites into the sanitary sewer if approved by the King County Industrial Waste Program (KCIW) and the local sewer agency. Who needs approval Most construction projects discharging to sanitary sewers in King County’s Wastewater Service area (including combined sewers that carry stormwater and sewage in the older parts of Seattle) need approval. • Single family residential construction projects should check with the local city or sewer agency. KCIW does not require applications from these projects. • Projects discharging to separated storm sewers or surface water bodies do not need approval from wastewater utilities. Check with the appropriate entity: • Contaminated site any size: Washington State Department of Ecology • Clean site more than 1 acre: Washington State Department of Ecology • Clean site less than 1 acre: Local jurisdiction’s stormwater utility How to get approval to discharge to sanitary sewers 1. Contact the local sewer agency. Confirm they accept water from construction sites. Confirm the location and conditions for discharging to their system. A list of local agencies is available: http://www.kingcounty.gov/environment/wtd/About/SewerAgencies.aspx 2. Select your King County construction dewatering application (individual or general). 3. Download, complete, print and sign your application. Scan your signed application and submit it to King County via email: info.KCIW@kingcounty.gov. 4. Contact the local sewer agency for permission to connect to their system and any additional requirements. Select your King County application KCIW offers two types of authorizations for discharging construction water to sanitary sewers: Individual and General. You may be able to use the simpler form, General Authorization Application for Construction Dewatering, if your project meets all of the following criteria: • Site is not contaminated. • Site is less than 1 acre. • Project will discharge less than 25,000 gallons per day (gpd) to the sanitary sewer. • Site has a sedimentation tank. If your project does not meet all four criteria, you must use this form, Individual Authorization Application for Construction Dewatering. Both forms are available at www.kingcounty.gov/industrialwaste. Applying for a General Authorization is easier and requires less documentation (no exhibits) than an Individual Authorization. No reporting is necessary once the General Authorization is approved. Tips for a Successful Application • Complete one application for each construction site. • Answer all questions; use additional pages, if needed. (See the application checklist on page 2.) • Make sure the authorized representative (site owner) signs this application. (See pages 3 and 4.) • Keep the original signed application in your records until the project is complete. • For questions, contact KCIW at info.KCIW@kingcounty.gov or 206-477-5300. Project Meets All Criteria Apply for General Authorization Apply for Individual Authorization Yes No Industrial Waste Program Individual Authorization Application for Construction Dewatering 2 Application Checklist Before submitting your application, use this checklist to make sure you have included all the necessary information and documentation. Checklist for Individual Authorization Application Application Component and Page Number Completed Signature of authorized representative or owner (page 3) ☐ Signed signature delegation if authorized representative or owner is delegating signature authority (page 4) ☐ Project Information (page 5) ☐ Detailed project information (pages 6 and 7) ☐ Exhibit A, Site Plan (page 8) ☐ Exhibit B, Wastewater Treatment System Description (page 8) ☐ Exhibit C, Dewatering Schedule (required for sites requesting discharge approval for longer than six months) (page 8) ☐ Exhibit D, Description of Contamination (required for sites with known groundwater or sediment contamination) (page 8) ☐ Industrial Waste Program Individual Authorization Application for Construction Dewatering 3 Required Signature NOTE: A construction site owner must sign this page and/or the reverse page to delegate signature authority. King County Code 28.82.050 requires a signature from an “authorized representative” on all wastewater applications and reports. An authorized representative is responsible for the accuracy of the information provided. For construction projects, it is the site owner. The authorized representative may be one of the following: A. The president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function or any other person who performs similar policy or decision-making functions B. The manager of one or more manufacturing, production, or operating facilities, but only if the manager: 1. Is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; 2. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements and knowledgeable of King County reporting requirements; and; 3. Has been assigned or delegated the authority to sign documents, in accordance with corporate procedures C. A general partner or proprietor for a partnership or proprietorship D. A director or highest official appointed or designated to oversee the operation and performance of the industry if the industrial user is a government agency E. An individual and/ or position—delegated in writing by one of the first four (A–D above)—who is responsible for the overall operation of the facility from which the discharge originates or has overall responsibility for environmental matters for the company or agency. Use the form on reverse to delegate signature authority. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the informa tion submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Name Street Address Title City, State, and Zip Company Name Email Phone Signature Cell Phone (optional ) Date Industrial Waste Program Individual Authorization Application for Construction Dewatering 4 Delegation of Signature Authority Form This form is only required if the authorized representative wishes to delegate signature authority. Use additional copies of this page to delegate to additional people or positions. Person Delegating Signature Authority By signing below, I certify that I am authorizing the following person(s) and/or position(s) to receive signature authority . I am an authorized representative for the company named in this application because I meet the following definition listed on the reverse page: A B C D Name Street Address Title City, State, and Zip Company Name Email Phone Signature Cell Phone (optional) Date Person(s) and /or Position(s) Receiving Signature Authority 1. 2. Name or Position Name or Position Title Title Company Name Company Name Phone Street Address Phone Street Address Email City, State, and Zip Code Email City, State, and Zip Code Signature Signature 3. 4. Name or Position Name or Position Title Title Company Name Company Name Phone Street Address Phone Street Address Email City, State, and Zip Code Email City, State, and Zip Code Signature Signature Industrial Waste Program Individual Authorization Application for Construction Dewatering 5 Project Information Applicant/Project Name Project Location (Address, City, and Zip Code) NOTE: The site owner will be issued the discharge approval ; the contractor or consultant will be sent a copy. Site/Project Owner (Must be authorized or delegated signatory) Contractor/Consultant Name Title Company Mailing address City/state/zip code Office telephone no. Cellphone no. Fax no. Email address Primary person to be contacted about this application if not listed above (name, address, telephone, email) NOTE: Use attachments, if necessary, to provide the following information. Detailed description of project construction Start date of dewatering End date of dewatering Site size Environmental permits issued for the site that are relevant to this project (for example: NPDES, Ecology Notice of Intent) Industrial Waste Program Individual Authorization Application for Construction Dewatering 6 Detailed Project Information Follow these instructions to complete the table below: • Process or activity generating wastewater. Enter a brief process number and name for each process and activity (for example: 1. well dewatering, 2. wheel wash, 3. equipment cleaning, 4. concrete curing, 5. jet grouting, 6. contaminated stormwater runoff). • Substances and/or pollutants in wastewater. List all substances in the wastewater (such as sediment/solids, caustic and/or acidic, oil and grease, other contaminants if groundwater or soil is contaminated). • Type of pretreatment. For each waste stream, identify the type of wastewater pretreatment you will provide (such as filtration, chemical precipitation, settling, pH neutralization, electrocoagulation, chitosan). King County policy requires t hat at a minimum, an appropriately sized settling tank (weir tank preferred) must be installed to provide gravity separation. • Frequency of discharge. Indicate the frequency of discharge. Enter "continuous" if you will discharge continuously to the sewer as the wastewater is generated or "batch" if you will store wastewater and discharge it to the sewer in batches. • Discharge point. Enter the manhole or side sewer location approved by the local city or sewer agency for temporary connection to the sewer. • Daily quantity discharged. Calculate the projected daily maximum discharge volume for each process or activity and then the total for all processes and activities. Process or Activity Number Process or Activity that Generates Wastewater Substances and/or Pollutants in Wastewater Type of Pretreatment Frequency of Discharge (continuous or batch) Discharge Point if known (manhole, side sewer location) Maximum Daily Quantity Discharged (gallons) Total maximum daily discharge volume Water Quantity Balance Calculations For each process or activity listed in the table above, thoroughly document the information, methods, and assumptions used to calculate your site’s water quantity balance. Use a storm event of 2 inches per 24 hours to calculate the maximum daily stormwater runoff volume. Add attachments if you need more space. Industrial Waste Program Individual Authorization Application for Construction Dewatering 7 Detailed Project Information (continued) If your project will discharge greater than 25,000 gpd during November through April, explain in detail why discharge to surface water is not feasible. Is there known groundwater or soil contamination on site? If yes, provide a summary of the contamination, site history, and sources of contamination. Submit Exhibit D (see page 8). Does this site have a Temporary Erosion and Sediment Control (TESC) Plan that outlines best management practices (BMPs)? Yes If yes, the plan must be available onsite for reference throughout the project. No If no, please explain: Contact the local sewer agency (city or sewer district) to receive instructions on discharge conditions . (www.kingcounty.gov/environment/wtd/About/SewerAgencies.aspx) and complete the following: Name and telephone number of the local city or sewer district personnel you contacted. Maximum discharge rate (gpm) specified by the local city or sewer district contact. Sewer account number or billing method that the local city or sewer district will use to assess sewer fees. Industrial Waste Program Individual Authorization Application for Construction Dewatering 8 Exhibits Exhibits A and B are required for all applications. A. Site Plan. Attach a site plan that shows the location of activities or processes generating wastewater, settling ponds/tanks or other wastewater treatment system components, wastewater conveyance lines, temporary points of discharge (approved by the local city or sewer district), groundwater and/or sediment sampling locations, streets, and public sewer and storm drainage facilities. B. Wastewater Treatment System. Attach a description of the proposed wastewater treatment system, including the following: 1. Diagrams, specification sheets, and basic design data for system components (for example, pumps, tanks, mixers). 2. Schematic flow diagram of the treatment process that shows system piping, tanks, and control features. 3. Maximum flow rate for the system. NOTE: KCIW may require an engineering justification and/or other evidence demonstrating that discharge from the site will meet applicable permit effluent limitations. Minimum Standards for Rectangular Sedimentation Tank Design is available here: http://www.kingcounty.gov/environment/wastewater/IndustrialWaste/GettingDischargeApproval/Construction/Sedimentation_tank s.aspx. Exhibit C is required for approval of projects that will discharge longer than six months: C. Dewatering Schedule. Attach a wastewater discharge schedule indicating when each activity or process is expected to generate wastewater for the duration of the project. For each process and discharge period, specify the projected maximum daily discharge volume. (See example below.) NOTE: The chart below is included as an example only. You may create a similar table or use a different format, provided it includes the requested information. Exhibit D is required for sites with known groundwater or sediment contamination: D. Description of contamination sources and chemical characteristics. Attach a summary (preferably in table format) of all available groundwater and/or sediment quality data. Indicate groundwater and/or sediment sample locations on the site plan (Exhibit A).