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HomeMy WebLinkAboutContract Award Date: 6/11/2018 CAG-18-110. Awarded to: Ballard Marine Construction, LLC. 727 S. 27th St Washougal , WA 98671 Award Amount: $910,030.00 Pricing Requirements,City of Renton Forms,Contract Forms, Emergency Declaration,Conditions of the Contract, Plans and Specifications Construction of: Kennydale Lakeline Sewer Improvement Ph II PROJECT NO. WWP-27-4010 Summer 2018 City of Renton 1055 South Grady Way Renton, WA 98057 DCity of <c'Y DIlli 11 :eN 0 CITY OF RENTON RENTON, WASHINGTON ' CONTRACT DOCUMENTS for the Kennydale Lakeline Sewer Improvement Ph 11 PROJECT NO. WTR-27-4010 Summer 2018 PRICING REQUIREMENTS CONTRACT FORMS EMERGENCY DECLARATION CONDITIONS OF THE CONTRACT SPECIFICATIONS PLANS Emergency Declaration and Council Resolution(attached). On May 30,2018,pursuant to RCW 39.04.280 and Renton Policy and Procedure 250-02 paragraph 6.10 the Mayor issued a written Declaration of Emergency.On June 11,2018 the Renton City Council approved Resolution 4345 finding and ratifying the Emergency Declaration waiving competitive bidding requirements and authorizing the City to Award all necessary contracts for the emergency work. ...Ali R. c _.‘<,7 W,,,,, o - '• a, .' i-8--1$ 01_COVER S-4010.doc Kennydale Lakeline Sewer Improvement Ph II W W P-27-4010 CONTRACT DOCUMENT TABLE OF CONTENTS Summary of Fair Practices Policy Summary of Americans with Disability Act Policy Scope of Work Vicinity Map Instructions to Contractor on Pricing Proposal Reguo&t for Pr. "6-'-'-D vPv'�vlr 1 -, * Pricing Proposal &Combined Affidavit&Certificate Form: Non-Collusion Anti-Trust Claims Minimum Wage Form * Department of Labor and Industries Certificate of Registration * Schedule of Price:.Pricing Proposal 1 * Certificate of Compliance with Wage Payment Statutes ❖ Bond to the City of Renton * Fair Practices Policy Affidavit of Compliance ❖Contract Emergency Agreement 1 Resolution 4345—Emergency Declaration 1 Addendum No. 1 Prevailing Minimum Hourly Wage Rates Special Provisions Plans Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the Pricing Proposal. * Submit with Pricing Proposal ••• Submit at Notice of Award Appendix A—Permits CITY OF RENTON Public Works Department 1055 South Grady Way Renton, Washington 98057 1—Revised by Addendum No.1 02 CONTENTS S-4010.doc\ CITY OF RENTON SUMMARY OF FAIR PRACTICES POLICY ADOPTED BY RESOLUTION NO. 4085 It is the policy of the City of Renton to promote and provide equal treatment and service to all citizens and to ensure equal employment opportunity to all persons without regard to their race; religion/creed; national origin; ancestry;sex;age over 40;sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status, or the presence of a physical, sensory, or mental disability, when the City of Renton can reasonably accommodate the disability, of employees and applicants for employment and fair, non-discriminatory treatment to all citizens. All departments of the City of Renton shall adhere to the following guidelines: (1) EMPLOYMENT PRACTICES -The City of Renton will ensure all employment related activities included recruitment, selection, promotion, demotion, training, retention and separation are conducted in a manner which is based on job-related criteria which does not discriminate against women, minorities and other protected classes. Human resources decisions will be in accordance with individual performance, staffing requirements, governing civil service rules, and labor contract agreements. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity in employment. (3) CONTRACTORS' OBLIGATIONS- Contractors, sub-contractors, consultants and suppliers conducting business with the City of Renton shall affirm and subscribe to the Fair Practices and Non-discrimination policies set forth by the law and by City policy. Copies of this policy shall be distributed to all City employees, shall appear in all operational documentation of the City, including bid calls, and shall be prominently displayed in appropriate city facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 7th day of March ,2011 . CITY RENTON,ifet,/_. RENTON CITY COUNCIL n l)tcti_c Denis Law, Mayor •uncil Pr sident Attest: 13,7G0414; 4 tdaee,,,,,,..) ,..,..y 0,5'. Bonnie I. Walton, City Clerk 1* SEAL 3 ••it" l . S t,�� ` CITY OF RENTON SUB1IARYOFAMERICANS WITHDIS. BIL 27 cACTPOLICY ADOPTED BYRESOLUTIONNO. JOE The policy of the City of Renton is to promote and afford equal treatment and service to all citizens and to assure employment opportunity to persons with disabilities, when tlx City of Renton can reasonably accommodate the disability. This policy shall be based on the principles of equal employment opportunity, the Americans With Disabilities Act and other applicable guidelines as set forth in federal, state and local laws. All departments of the City of Renton shall adhere to the following guidelines: (I) EMPLOYMENT PRACTICES - All activities relating to employment such as recruitment,selection,promotion,termination and training shall be conducted in a non- discriminatory manner. Personnel decisions will be based on individual performance, staffing requirements, and in accordance with the Americans With Disabilities Act and other applicable laws and regulations. (2) COOPERATION WITH HUMAN RIGHTS ORGANIZATIONS - The City of Renton will cooperate fully with all organizations and commissions organized to promote fair practices and equal opportunity for persons with disabilities in employment and receipt of City services,activities and programs. (3) AMERICANS WITH DISABILITIES ACT POLICY-The City of Renton Americans With Disabilities Act Policy will be maintain' ed to facilitate equitable representation within the City work force and to assure equal employment opportunity and equal access to City services,activities and programs to all people with.disabilities. It shall be the responsibility and the duty of all City officials and employees to carry out the policies and guidelines as set forth in this policy (4) CONTRACTORS' OBLIGATION - Contractors, subcontractors, consultants and suppliers conducting business with the City of Renton shall abide by the requirements of the Americans With Disabilities Act and promote access to services, activities and programs for people with disabilities. Copies of this policy shall be distributed to all City employees,shall appear in all operational documentation of the City, including bid calls,and shall be prominently displayed in appropriate City facilities. CONCURRED IN by the City Council of the City of Renton, Washington, this 4th day of October 1993. C r RENTON RENTON CITY COUNCIL: Mayor0,1) , President Attest: City Clerk jdif CITY OF RENTON Kennydale Lakeline Sewer Improvement Ph II W W P-27-4010 SCOPE OF WORK The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications, to include but not be limited to: 1. The manufacturer of a steel access manhole,temporary installation that manhole in two locations beneath Lake Washington on the City's Kennydale Lake Line sewer, including excavation,connection to the existing sewer,and backfill.This work shall take place between July 15,2018 and October 26, 2018,subject to permit time restrictions. 2. The cleaning of the entire length of the Kennydale Lake Line. 3. Closed-circuit TV(CCTV)inspection of the entire length of the Kennydale Lake Line. 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. A total of 65 working days will be allowed for the completion of this project. 04 SCOPE S-4010.doc\ eaitl+� Bellevue `€ .". T ' L.(.. .4'.I Gam; 39 Wyk , F9m. !0 r-.f^"F Mercer Hand r C(d€ UME1) CITY u. GFORGFTOWN ui .5 {1GaC Newcastle Cot re Mou josPROJECT,--r,,„'4, Re 99 SITE � 1hldll co F—?* a renter z Coalfield U > At ((.F T Bryn I- 0 y'w Mawr-Sk °,Y ee East Rento RentonHighland a �� W Tukwila U Bu51$ Seattle-Tacoma s9International 16� M. N Airport Heigh SeaTaccq 18r L3 trill aCascade-Fairwood Normandy _ :,- park co 51 "- ,A;, U W { cc '� East „, a 184 o Hill-Meridian y, L CITY OF RENTON Project No.: 135-01621-16001 12 N61 Q TETRA TECH KENNYDALE LAKEFRONT SEWER Date: JUNE 2018 IMPROVEMENT PAHSE II II Designed By: KRG r co www.tetratech.com o FIGURE N 1420 FIFTH AVE,SUITE 600 a SEATTLE,WA 98101 PROJECT VICINITY MAP ` PH'(206)883-9300 Immosionmoiel Bar Measures 1 inch QCity of auton 'IR' • INSTRUCTIONS TO CONTRACTOR ON PRICING PROPOSAL 2 1. 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. 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. 3 The work to be done is shown in the plans and/or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price provided. The City reserves the right to add or to eliminate portions of that work as deemed necessary. 4. Contractor shall satisfy themself as to the local conditions by inspection of the site. 5. The price for any pay item must include the performance of all work necessary for completion of that item as described in the specifications. 6. The price shall be stated in terms of the units indicated and as to a total amount. In the event of errors,the unit price provided will govern. Illegible figures will invalidate the pricing. 10. The Contractor shall, upon request,furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made in Cash Warrants. 12. The contractor shall obtain such construction insurance(e.g.fire and extended coverage,worker's compensation, public liability,and property damage as identified within Special Provisions, Specification Section 1-07.18"Public Liability and Property Damage Insurance". 13. The contractor, prior to the start of construction,shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14 Before starting work under this contract,the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment of retainage shall be done in accordance with Section 1-09.9(1)"Retainage". 16. Basis for Approval The construction contract will be awarded by the City of Renton upon completion of negotiations with the contractor. 17. Trench Excavation Safety Systems As required by RCW 39.04.180,on public works projects in which trench excavation will exceed a depth of four feet,any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act,Chapter 49.17 RCW. These requirements shall be included in the Pricing Schedule as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. 18. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein,there shall be paid to all laborers,workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist,or be alleged to exist, between the CONTRACTOR and any laborers,workmen, mechanics or subconsultants. The most recent issue of the prevailing wage rates is included within these specifications under section titled"Prevailing Minimum Hourly Wage Rates".The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 19. Pollution Control Requirements Work under this contract shall meet all local,state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties,damages,and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. 20. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications,Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly,paragraph by paragraph,or not. 1. WSDOT/APWA"2016 Standard Specifications for Road, Bridge and Municipal Construction"and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to "State,""State of Washington,""Department of Transportation," "WSDOT,"or any combination thereof in the WSDOT/APWA standards shall be modified to read"City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be deleted and the measurement and payment provisions of Section 1-09.14, Measurement and Payment(added herein)shall govern. 06 INSTRUCTION TO CONTRACTOR-S-40I0.doc 22. Contractor's Checklist ❑ Has the proposal been signed? U Have you submitted the Subcontractors List? U Have you reviewed the Prevailing Wage Requirements? U Have you submitted the Department of Labor and Industries Certificate of Registration form? U Have you submitted the Certificate of Compliance with Wages Paid Statutes form? 06 INSTRUCTION TO CONTRACTOR-S-4010.doc Km10 le 1 akeline Sewer Improvement Rh 11 July 15, 2018 and October 26,2018,subject to permit time restrictions. 3. Closed circuit TV(CCTV)inspection of the entire length of the Kcnnydalc Lake Line. Jason A.Seth,CMC,City Clerk 1—Revised by Addendum No.1 07_REQUEST_S-4010.doc c�aur,1 Kennydale Lakeline Sewer Improvement Ph H W W P-27-4010 Pricing Proposal & Combined Affidavit & Certificate Form TO THE CITY OF RENTON RENTON,WASHINGTON Ladies and/or Gentlemen: The undersigned hereby certify that the Contractor has examined the site of the proposed work and has read and thoroughly understand the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, and hereby propose to undertake and complete the work embraced in this improvement,or as much thereof as can be completed with the money available, in accordance with the said plans,specifications and contract and the schedule of prices. The undersigned further certifies and agrees to the following provisions: NON-COLLUSION AFFIDAVIT Being duly sworn, deposes and says, that he is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work or equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself or to any other person any advantage over other Bidder or Bidders. AND CERTIFICATION RE: ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice overcharges resulting from anti-trust violations are in fact usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such over-charges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti-trust violations commencing after the date of the proposal, quotation, or other event establishing the price under this order or contract. In addition,vendor warrants and represents that such of his suppliers and subcontractors shall assign any and all such claims to purchaser,subject to the aforementioned exception. AND MINIMUM WAGE AFFIDAVIT FORM I, the undersigned, having been duly sworn, deposed, say and certify that in connection with the performance of the work of this project, I will pay each classification of laborer, workman, or mechanic employed in the performance of such work; not less than the prevailing rate of wage or not less than the minimum rate of wages as specified in the principal contract. I have read the above and foregoing statements and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. FOR: PROPOSAL, NON COLLUSION AFFIDAVIT, ASSIGNMENT OF ANTI-TRUST CLAIMS TO PURCHASER AND MINIMUM WAGE AFFIDAVIT Name of Firm Signature Auth ri ed res ative of Contractor*: Print ame: Jesse Hutton Title: President/CEO Address: 727 S 27th Street,Washougal,WA 98671 Contact Name(please print): Robert Stanton,General Manager-Northwest Region Phone: 866-782-6750 Email: robert.stanton@ballardmc.com *The above signature must be notarized using the applicable notary language found on pages 3 and 4. If business is a CORPORATION,please complete this section: Name of President of Corporation Name of Secretary of Corporation Corporation Organized under the laws of With Main Office in State of Washington at If business is a PARTNERSHIP or LIMITED LIABILITY COMPANY,please complete this section: Name: Title(Partner, Member,Manager): Ballard Marine Construction, Inc. Member Traylor Construction Group,Inc. Member Juniper Ballard Investco,LP Member 08_COMBINED PROP and TRIPLE FORM S-3939.doc Proposal&Affidavit/Certificate-Page 3 of 4 INDIVIDUAL FORM STATE OF WASHINGTON : ss County of On this day of before me personally appeared to me known to be the individual(s) described in and who executed the foregoing instrument, and acknowledged under oath that (he/she/they) signed and sealed the same as (his, her, their) free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. (SEAL) Notary Public in and for the State of Washington, residing at Print Name: My commission expires: CORPORATION FORM STATE OF WASHINGTON : ss County of On this day of before me personally appeared to me known to be the (President, Secretary, Treasurer) of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that (he/she/they)are authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. (SEAL) Notary Public in and for the State of Washington, residing at Print Name: My commission expires: 08 COMBINED PROP and TRIPLE FORM S-3939.doc Proposal&Affidavit/Certificate-Page 4 of 4 PARTNERSHIP FORM STATE OF WASHINGTON :ss County of On this day of before me personally appeared to me known to be a General Partner of the partnership known as that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that (he/she/they)are authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. (SEAL) Notary Public in and for the State of Washington, residing at Print Name: My commission expires: LIMITED LIABILITY COMPANY(LLC) FORM STATE OF WASHINGTON :SS County of CLARK On this 17th day of August , 20 17 , before me personally appeared Jesse Hutton to me known to be a Managing Member of the Limited Liability Company known as Ballard Marine Construction LLC and that he/she/they executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company,for the uses and purposes therein mentioned, and on oath stated that he (he/she/they)are authorized to execute said instrument. GIVEN under my hand and officialwa0114/40 and year last above written. (SEAL) ��••��•1''sSlO •L'G�i �i A * •;`'NOTgRyN': S.'Notary Public in and for the State of Washington, residing at Vancouver 17- PUBLIC : *•;:i Print Name: Melanie R Cul �ttf.0 �.• w P 4p%W,;S,,,,��� My commission expires: 12/03/2018 08_COMBINED PROP and TRIPLE FORM 5-3939.doc Department of Labor and Industries Certificate of Registration Name on Registration: Ballard Marine Construction, LLC Registration Number: CC BALLAML83802 Expiration Date: 09/22/2019 Note: A copy of the certificate will be requested as part of contract execution when project is awarded. 09_1,&I REGISTRATION S-3993\ I • t 1n 30 N a .aa °�M° _0 o �o w 00 yU NN b 0 N N ' N ?.. a . ,14 Q° id� w 03A A 74 a v ° .5-.) a U' o --i PO t4 x 41 44 N w 4) w b o o U a oce w o a 00 0N ;E-0 a t o a I-1 cv= Cfl c4 A 4 0 CO r- Business License Aty of . '�rww�LiWW: ap'Y: "R+mwYTP"` I \\� 4. i � Y4 • � `�/J�-.�♦ .sw w ,,,xrte• aw .wF �M e, 1055 South Grady Way Renton, WA 98057(425)430-6851 License #: BL.037178 Expiration Date: 01/31/2019 Issued Date: 01/02/2018 Ballard Marine Construction LLC • 727 S 27th St Washougal, WA 98671 • Detach License and Post at Business Location Listed Below. BUSINESS LICENSE ' ' �` Cttyaf Out of City ` NON-TRANSFERABLErry ''� License #: BL.037178 Expiration Date: 01/31/2019 NAICS Code: 561990 BALLARD MARINE CONSTRUCTION LLC 727 S 27th St Washougal, WA 98671 2414,7- ba Mayor,Denis Law AS Administrator,Jan Hawn Licensee has applied for a City of Renton business license in accordance with Renton Municipal Code(the Code),Title V Business, ` Chapter 5 Business License.The Licensee agrees to comply with all requirements of the Code,as well as State laws and regulations applicable to the business activity licensed. Post this License at the place of business. This license does not allow licensee to operate a permanent physical location in Renton. 1055 S Grady Way,Renton WA 98057 (425)430-6851 licensing@rentonwa.gov M U 4 4 o0 0 o O o o o o 0 o o o o W W o 0 0 0 o 0 0 0 0 0 0 0 0 g gv O 0 0 0 0 0 0 0 0 0 0• 0 Al W 7 0 N 0 0 0 LCi 0 0 111 0 0 M M a s N N CO M N N t` CO M [ O LL I-1 a O '-1 t0 r-1 N O ill r-1 CV n N O r-1 04 v o M ri t` ri N eP 1-1 r1 N CO rI N O a Tti r-1 O m sh or to VI. yr VI. OF OF CO v OF' F inf. CA- zra Ha g4 4 A A r'1 r•1 N 0 V e N > Q r E n. Q = a1 cc wc 0 o H v m m To.. 4.-, c N I 0 O .� t 0 c c r0 g Nd O c 0 0 ca C > 0 0 V in 7 0 V- O a F C E LL 7 } Z c W 1- c 0 v 7 H c S GD lit N r-1 E o 0 N 2 O to O�cl ...... a. j LL J J W CD 0 O O 0 m -0 O Y W ZN .-7 H N N .--1N N In N E E co d N C o to LL c Y Nla / co o y c c E co C E 1° ra c ro a p ° c W o „ C 0. !. f0 N C T U Y E .N N .0 C7 >. i o ail a Fa > 0 E c H `° A c a p p > to •-• O cc } 0 w E o c c - a v w 1°^ ra ro y vn m m o > X d ". c to c o E C 0 o6' cc ,.:9; N „ L '5 0 coc a- CU 0 c E Q pp , '^ V1 e^v .04 u 2 m o o u a o > a .c rs c c c E v ; m Y .20 2 2 o w h0- 2 a vi Lelcom N CU O C 4 To 2 z C d E c-1 N m V1 l0 n co 01 i 0 a UI x ao a CITY OF 0 ..„....-Renton This form must be submitted with the Bid Proposal or as a Supplement to the Bid no later than 24 hours after the time for delivery of the Bid Proposal. Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Ballard Marine Construction, LLC Bidder's Business Name A \C\4\.A )1\SA- eA.„ Signature of Authorized Official* Melanie Culp Printed Name Corporate Secretary Title 08/17/2018 Washougal Washington Date City State Check One: Sole Proprietorship 0 Partnership 0 Joint Venture 0 Corporation 0 State of Incorporation, or if not a corporation, State where business entity was formed: Delaware If a co-partnership, give firm name under which business is transacted: *If a corporation,proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Bond No. 106797849 BOND TO THE CITY OF RENTON KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned Ballard Marine Construction, LLC as principal,and Travelers Casualty and Surety Company of America corporation organized and existing under the laws of the State of Connecticut as a surety corporation,and qualified under the laws of the State of Washington to become surety upon bands of contractors with municipal corporations,as surety are jointly and severally held and firmly bound to the City of Renton in the penal sum of Nine Hundred Ten Thousand* for the payment of which sum on demand we bind ourselves and our successors,heirs,administrators or person representatives,as the case may be. Thirty and no/100ths Dollars($910,030.00) This obligation is entered into in pursuance of the statutes of the State of Washington,the Ordinance of the City of Renton. Dated atI,OVI►auc\ctl ,Washington,this 14th day of August •2018 Nevertheless, the conditions of the above obligation are such that: WHEREAS, under and pursuant to Public Works Construction Contract CAG-18-110 providing for construction of Kennydale Lakeline Sewer Improvement Ph II,the principal is required to furnish a bond for the faithful performance of the contract;and WHEREAS,the principal has accepted,or is about to accept,the contract,and undertake to perform the work therein provided for in the manner and within the time set forth; NOW,THEREFORE,if the principal shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth,or within such extensions of time as may be granted under said contract,and shall pay all laborers, mechanics,subcontractors and material men,and all persons who shall supply said principal or subcontractors with provisions and supplies for the carrying on of said work,and shall hold said City of Renton harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal,or any subcontractor in the performance of said work,and shall indemnify and hold the City of Renton harmless from any damage or expense by reason of failure of performance as specified in the contract or from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after its acceptance thereof by the City of Renton,then and in that event this obligation shall be void;but otherwise it shall be and remain in full force and effect. Ballard Marine Construction, LLC Travelers Casualty and Surety Company of America Principal Surety \X62 Signature Signature eAccei i e Cu. p C0 r lea rot 1-..Sec reitt-ei Gail A. Price,Attorney-in-fact ^_ Title Title Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS 41 St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Gail A.Price,of Portland,Oregon,their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. os vow* IV 44,4 � c' tURTFQgD. + S (R s 4.4 State of Connecticut r: 1 L By: City of Hartford ss. Robert L.Raney,Se or Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. My Commission expires the 30th day of June,2021 � OM.re. & 1 ,R # Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed (under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this /elday ofd uairr Of Oa_ v ; y J fis Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. .5tom CITY OF RENTON FAIR PRACTICES POLICY AFFIDAVIT OF COMPLIANCE Ballard Marine Construction, LLC hereby confirms and declares that: (Name of contractor/subcontractor/consultant) It is the policy of the above-named contractor/subcontractor/consultant,to offer equal opportunity to all qualified employees and applicants for employment without regard to their race; religion/creed; national origin;ancestry;sex;the presence of a physical,sensory,or mental disability;age over 40;sexual orientation or gender identity; pregnancy; HIV/AIDS and Hepatitis C status; use of a guide dog/service animal; marital status; parental/family status; military status; or veteran's status. II. The above-named contractor/subcontractor/consultant complies with all applicable federal, state and local laws governing non-discrimination in employment. III. When applicable,the above-named contractor/subcontractor/consultant will seek out and negotiate with minority and women contractors for the award of subcontracts. Melanie Culp Print Agent/Representative's Name Corporate Secretary Pr \I\L. ✓\iint Agent/Representativee''s Title //�}. A AA.J4 -4...ZD t lf ORO/ Agent/Representative's Signature 08/17/2018 Date Signed Instructions: This document MUST be completed by each contractor,subcontractor, consultant and/or supplier. Include or attach this document(s)with the contract. + 4 4 EMERGENCY AGREEMENT CONTRACT NO.CAG-18-110 THIS AGREEMENT, made and entered into this i() day of , 2018 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washing n, hereinafter referred to as "City" and Ballard Marine Construction, Inc., hereinafter referred to as"Contractor." Emergency Declaration and Council Resolution(attached). On May 30,2018, pursuant to RCW 39.04.280 and Renton Policy and Procedure 250-02 paragraph 6.10 the Mayor issued a written Declaration of Emergency. On June 11, 2018 the Renton City Council approved Resolution 4345 finding and ratifying the Emergency Declaration waiving competitive bidding requirements and authorizing the City to Award all necessary contracts for the emergency work. Now,therefore the parties agree as follows: 1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the 2016 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 Request for Pricing Proposal 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 Request for Pricing Proposal and Contract Documents. 2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Kennydale Lakeline Sewer Improvement Ph II,WWP-27-4010,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 5 910.030.00 including tax, 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 Documents. If the Physical Work under this Agreement is not completed within the time specified,Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Documents. 5. Attorney's fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs,including reasonable attorney's and expert witness fees. 6. Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 7. Counterparts. This Agreement is executed in two(2) identical counterparts, by the parties,each of which shall for all purposes be deemed an original. 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 RE q`,�0000`,.."%.111" II rifit1/// President/Partner/owner irpr.4142 /Is,.ay es Denis La Mayor At i.~ ,* Z s • EST /,., ,p'�D„,,,,,,un,a�a``,,S.93 °°^�`. (` (. //,/,/ ,� ", R�4PED SEf C' �.``,. \r\S. )14\,l' ,A,-& P Secretary Jason Seth,City Clerk gi��1 ( c� FIRM INFORMATION d/b/a [Enter Firm name) CHECK ONE: ®Limited Liability Company 0 Partnership M Corporation STATE OF INCORPORATION: Delaware CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: Ballard Marine Const. LLC City of Renton 727 S 27th St 1055 South Grady Way Washougal,WA 98671 Renton,WA 98057 1-866-782-6750 425-430-7279 robert.stanton@ballardmc.com Jhobson@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 firm or trade name. Any one partner may sign the contract. If the business is a limited Liability Company,an authorized managing member or manager must sign followed by his/her title. Kennydale Lakeline Sewer Improvement Ph.II 1111MR1111 c> Non-standard Emergency Contact clb 07-23-18(392) State of Delaware Secretart of State DivMoo of Cotporadoot Delhered 01:44 PM 04.19 2017 FILED 01:44 PM 04192017 SR 20172625002 - FlleNumber 6385356 STATE OF DELAWARE LIMITED LIABILITY COMPANY CERTIFICATE OF FORMATION OF BALLARD MARINE CONSTRUCTION,LLC This Certificate of Formation of Ballard Marine Construction, LLC (the "LLC"). dated as of April 2017. has been duly executed and is being filed by Robert G. Tweel, as an authorized person. to form a limited liability company under the Delaware Limited Liability Company Act (6 Del C §18-101. et. s___g.). FIRST: The name of the limited liability company formed hereby is Ballard Marine Construction, LLC. SECOND: The address of the registered office of the LLC in the State of Delaware is c/o The Corporation Trust Company. 1209 Orange Street, Wilmington, Delaware 19801. The name and address of the registered agent for service of process on the LLC in the State of Delaware is The Corporation Trust Company, 1209 Orange Street, Wilmington.Delaware 19801. IN WITNESS WHEREOF, the undersigned has executed this Certificate of Formation as of the date first above written. /264:1'44-2). CCtG1 Name: Robert G. Tweel, Authorized Person 4817-557S-2135.4-I may be held by the same person. Any officer of the Company may be removed by a majority vote of the Board at any time with or without cause. Removal does not affect the officer's contract rights, if any, with the Company. An officer's resignation does not affect the Company's contract rights, if any, with the officer. The election or appointment of an officer does not itself create contract rights. 7.21 Duties. Except as otherwise provided in this Agreement, the principal officers of the Company shall have broad authority to manage the day-to-day affairs of the Company. (a) Chief Executive Officer/President. Except as otherwise provided in this Agreement, the CEO shall implement the policies and direction of the Company as defined in this Agreement, included, but not limited to the Board. The CEO may sign an) certificates, deeds, mortgages, bonds, contracts. or other instruments which the Board has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board Members or by this Agreement to some other officer, agent, or Board Member of the Company or shall be required by law to be otherwise signed or executed. The CEO shall also perform all duties incident to the office of the CEO/President and other duties as may be prescribed by the Board. Notwithstanding the foregoing, the duties and powers of the office of the CEO and services to be provided by the CEO will be arranged, and may be extended or curtailed, from time to time, at the direction of the Board, subject to the terms of any employment agreement between the Company and the CEO. Jesse Hutton is appointed as the initial CEO, effective on the Effective Date and subject to the contemporaneously employment agreement between the Company and Jesse Hutton. The CEO shall oversee and be responsible for the day to day operations of the Company. (b) Chief Administrative Officer/Vice-President. The CAO shall, in the absence of the CEO or in the event of his/her inability or refusal to act, perform the duties of the CEO. The CAO shall also perform such other duties as may be assigned to him/her by the CEO or by the Board. Notwithstanding the foregoing, the duties and powers of the office of CAO and services to be provided by the CAO will be arranged, and may be extended or curtailed, from time to time, at the direction of the CEO or the Board, subject to the terms of any employment agreement between the Company and the CAO. Shilo Hutton is appointed as the initial CAO, effective on the Effective Date and subject to the contemporaneously employment agreement between the Company and Shilo Hutton. (c) Chief Risk Officer/Secretary. The Secretary shall: (i) keep minutes of meetings of the Members and the Board; (ii) see that all notices are given in accordance with the provisions of this Agreement or as required by law; (iii) be custodian of the official records of the Company; and (iv) in general perform all duties incident to the office of Secretary and all other duties as may be assigned to him/her by the CEO or by the Board. The Secretary of the Company shall ensure that the official records of the -42- Company contain a list of the name, address, and taxpayer identification number of each Member (as furnished by the Member) and a record of the Units held by each Member and such Member's ownership percentage of the total outstanding Units of the Company. Notwithstanding the foregoing, the duties and powers of the office of Secretary and services to be provided by the Secretary will be arranged, and may be extended or curtailed, from time to time, at the direction of the CEO or the Board, subject to the terms of any employment agreement between the Company and the CRO. Melanie Culp is appointed as the initial CRO. (d) Chief Financial Officer/Treasurer. The CFO_ shall: (i) have charge and custody of and be responsible for all funds and securities of the Company; (ii) receive and give receipts for monies due and payable to the Company, and deposit the Company's funds in banks, trust companies or other depositories in accordance with the instructions of the Board and/or Members; (iii) disburse the funds of the Company as may be ordered by the Board and/or Members; and (iv) in general perform all duties incident to the office of the CFO and all other duties as may be assigned to him/her by the CEO or by the CAO or by the Board. If required by the Board, the CFO shall give a bond for the faithful discharge of his/her duties in the sum and with a surety or sureties as the Board shall determine. Notwithstanding the foregoing, the duties and powers of the office of the CFO and services to be provided by the CFO will be arranged, and may be extended or curtailed, from time to time, at the direction of the CEO or the Board., subject to the terms of any employment agreement between the Company and the CFO. Dana Jensen is appointed as the initial CFO. (e) Chief Operating Officer. The COO shall: (i) have charge and be responsible for all operations of the Company in accordance with the instructions of the Board and the CEO; and (ii) in general perform all duties incident to the office of the COO and all other duties as may be assigned to him/her by the CEO or by the Board. Notwithstanding the foregoing, the duties and powers of the office of the COO and services to be provided by the COO will be arranged, and may be extended or curtailed, from time to time, at the direction of the CEO, subject to approval by the Board. Dean Reynolds is appointed as the initial COO. 7.22 Vacancy. Any vacancy occurring in the position of any principal officer may be filled upon the written consent of a majority of the members of the Board. A principal officer chosen to fill a vacancy shall serve the unexpired term of his predecessor in office,. 7.23 Salaries; Expenses. The Company may pay to any Person, including a principal officer, a salary and/or bonus as compensation for services rendered to the Company. Pursuant to the terms of this Agreement, such salaries and/or bonuses shall be determined by unanimous vote of the Board, shall be treated as expenses of the Company and shall not be deemed to constitute distributions to the recipient of any profit, loss or capital of the Company. -43- CITY OF RENTON, WASHINGTON RESOLUTION NO. 4345 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPLACING/REPAIRING THE KENNYDALE LAKELINE SEWER SYSTEM. WHEREAS,the City of Renton owns, operates and maintains the sewer system along the Kennydale Lakeline in the City of Renton;and WHEREAS, the Kennydale Lakeline Sewer System, comprised of approximately 5,200 linear feet of 8-inch sewer main, 31 6-inch sewer laterals, a flush station at the south end, and a lift station at the north end, is currently experiencing capacity restraints, with capacity reduced to less than 30%at two locations along the alignment; and WHEREAS, recently in the past month,there have additional pump issues and the City has had to further reduce the volume of flow from the flush station to prevent sewer backup into homes and residences; and WHEREAS,the capacity restraints create a significant potential for a blockage of the sewer line that will result in sanitary sewer overflows into both Lake Washington and into homes and residences being served;and WHEREAS,the recent and increasing sewer system capacity restraints are an unforeseen circumstance beyond the control of the City that presents a real, immediate threat to the proper performance of the essential municipal public works functions. If immediate action is not taken, it may result in further material loss or damage to property, bodily injury or loss of life; and WHEREAS, on May 30, 2018, the Mayor declared an emergency, attached hereto as Exhibit A,pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual 1 RESOLUTION NO. 4345 250-02, paragraph 6.10.3,to authorize Gregg Zimmerman, Public Works Administrator,to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair/replacement of the Kennydale Lakeline sewer system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings,the City Council does hereby ratify and approve the Mayor's emergency declaration, attached hereto as Exhibit A,to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair of the aforesaid sewer system along the Kennydale Lakeline. PASSED BY THE CITY COUNCIL this 11th day of June 2018. Jaso A.Seth, i y Clerk APPROVED BY THE MAYOR this 11th day of Ju e , 2018. (I4J. Denis Law, Mayor Approved as to form: OF RE , `%%%%11111111111/,'',,%,,,r' 'i .. SEAL- * __ SE Shane Moloney, City Attorney ; y x ` COR'''11ph11U%%%%% Date of Publication: 6/15/2018 (Summary) %,,�?RATEo`St%%%%%`� RES:1773:6/4/18:scr 2 RESOLUTION NO. 4345 EXHIBIT A DECLARATION OF EMERGENCY 3 RESOLUTION NO. 4345 EXECUTIVE DEPARTMENT MEMORANDUM r, -v DATE: May 30,2018 TO: Gregg Zimmerman, Public Works Administrator FROM: Denis Law,Mayor SUBJECT: Declaration of Emergency—Kennydale Lakeline Sewer System The Kennydale Lakeline Sewer System,comprised of approximately 5,200 linear feet of 8-inch sewer main,31 6-inch sewer laterals,a flush station at its south end and a lift station at its north end,is currently experiencing capacity restraints at two locations along the alignment. The capacity has been reduced to less than 30%at those two locations, thus creating a significant potential for a blockage of the sewer line that will result in sanitary sewer overflows into both Lake Washington and the adjacent homes being served. In order to assure that the construction window is met during the summer of 2018 to install additional access manholes in the lake,clean the entire lakeline and replace the failing pumps at the lift station,the city will need to directly contract for those services without a formal bidding and purchase process. Therefore I,Denis Law,Mayor of the City of Renton,declare an emergency pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure 250-02, paragraph 6.10,and authorize Gregg Zimmerman,Public Works Administrator,to waive competitive bidding and purchasing requirements and award all necessary contracts on behalf of the City of Renton to address the emergency situation. In an emergency situation, RCW 39.04.280 requires that a written finding of the existence of an emergency be made and entered into the public record no later than two weeks following the award of the contract. 0.1/ 513OA gv Denis Law Date Mayor cc: Renton City Council Robert Harrison,Chief Administrative Officer Shane Moloney,City Attorney Jason Seth,City Clerk Jan Hawn,Administrative Services Department Administrator Mike Stenhouse,Maintenance Services Director Lys Hornsby,Utility Systems Director Dave Christensen,Wastewater Utility Engineering Manager C:\Users\lmoschetti\Desktop\Kennydale takeline Emergency Declaration Memo-for merge.docx\DCmc 4 City of Renton Kennydale Lake Line Sewer Improvement and Cleaning Issued July 28, 2018 Addendum No. 1 The following changes are made to the contract documents: 1. Second Cover Page, between the lines reading"Contract Forms"and "Conditions of the Contract,"ADD the following line: "Emergency Declaration." 2. On the second cover page, below the list ending,"Specifications, Plans,ADD the following paragraph: Emergency Declaration and Council Resolution(attached). On May 30,2018,pursuant to RCW 39.04.280 and Renton Policy and Procedure 250-02 paragraph 6.10 the Mayor issued a written Declaration of Emergency.On June 11,2018 the Renton City Council approved Resolution 4345 finding and ratifying the Emergency Declaration,waiving competitive bidding requirements and authorizing the City to Award all necessary contracts for the emergency work. 3. Table of Contents, DELETE the line reading"Request for Pricing Proposal." 4. Table of Contents,CHANGE the line that reads,"*Schedule of Prices"to read "* Pricing Proposal." 5. Table of Contents,CHANGE the line that reads"❖ Contract Agreement"to read "❖ Emergency Agreement." 6. Table of Contents,after the line that reads, "Emergency Agreement"ADD a line that reads, "Resolution 4345—Emergency Declaration." 7. REMOVE the document titled "Request for Pricing Proposal." 8. Agreement Form,CHANGE the title to read,"Emergency Agreement." 9. Emergency Agreement, between the first paragraph that begins, "THIS AGREEMENT..."and the second paragraph that begins"Now,therefore..."ADD the following paragraph. Emergency Declaration and Council Resolution(attached). On May 30,2018,pursuant to RCW 39.04.280 and Renton Policy and Procedure 250-02 paragraph 6.10 the Mayor issued a written Declaration of Emergency. On June 11,2018 the Renton City Council approved Resolution 4345 finding and ratifying the Emergency Declaration waiving competitive bidding requirements and authorizing the City to Award all necessary contracts for the emergency work. 1 10. Emergency Agreement,CHANGE the line that reads, "Now therefore the parties agree as follows:"to bold. 11. After the Emergency Agreement,ADD the attached document titled "City of Renton, Washington, Resolution No.4345." 12. Special Provisions,Section 1-11, Renton Surveying Standards,ADD the following: Section 1-11.1(12)—Settlement Monitoring The Contractor shall conduct a settlement monitoring program for facilities adjacent to the each of the two temporary manhole locations.The same points shall be measured each day indicated. Points in grass or landscaping can be marked with hub and tack to be removed at the conclusion of the monitoring program. Hard surfaces such as bulkheads or docks can be marked with a non-permanent marker or by reference to a distinct point on the surface. Measurements shall be made to the nearest 0.01 feet and reported to the Engineer the day after they are made.All measurements shall be made relative to a fixed reference point in the road east of houses,to avoid the possibility of errors resulting from the settlement of the reference points themselves. Note the time of day at which the survey is made.The Contractor's surveyor shall measure the following items at the listed times: i. Bulkheads,at 5 locations centered on the point adjacent to the manhole. ii. Ten feet upland of the bulkheads at five points adjacent to those on the bulkhead. iii. Docks,at 10 foot spacing for all edges of docks within 50 feet of the limits of excavation. iv. Measure prior to any excavation,once each day on which the temporary manhole is in place,the first day after backfill is complete and seven days after the backfill is complete. 13. Special Provisions,Section 7-21.3(2),ADD the following to the paragraph that begins, "Vactoring operations,either with truck or trailer..."The contractor shall baffle the outlets of the storage tanks,or if using hoses to decant,shall pull from the mid depth of the tank so as to limit the transport of grit,sand, or floating grease. 14. Special Provisions,Section 7-21.3(2),ADD the following as the last paragraph: Any tank containing sewage or sewage solids shall be covered to limit odors. 15. Special Provisions,Section 7-20.3(1),ADD the following to the end of the first paragraph that starts,"Dredging operations shall be conducted..."Silt curtains shall be placed in the water as continuous loops,folded flat.They shall be expanded slowly to surround the work area in such a way that any fish inside the work area are kept on the outside of the silt curtain. 2 16. Special Provisions,Section 7-20.3(5) Protection of Existing Facilities,ADD the follow paragraph between the first and second paragraphs: The Contractor shall take preconstruction photographs of all facilities and structures in the vicinity of their work,with special attention to the items in the previous paragraph.The photos shall be minimum 5MB,and individually labeled with site address upon which the facility is located.The purpose of the photographs is to establish preconstruction condition and allow comparison to post construction conditions.A minimum of 20 photographs shall be taken at each work site, including cleaning locations.Submit the photographs to the Engineer for review in electronic format before the mobilization of equipment to the first work site." 17. Special Provisions, 7-20.3(5)Protecting of Existing Facilities,ADD the following as the last paragraph: During cleaning operations,the Contractor shall provide a staff member to monitor liquid levels in Lake Washington Lift Station No. 2.At the end of the first pumping cycle following any cleaning operation,the crew member shall probe the wet well floor with a rod to determine the depth and approximate size of any solids accumulating there.Should grit,sand,or gravel smaller than would be collected by the temporary basket be found to accumulating,the Contractor shall provide a vactor truck to remove the solids the next working day.Thereafter,a vactor truck shall be used at several intervals during each day to vactor solids off the wet well floor. City staff will be present for the first two days or possibly longer to assist with developing procedures and setting frequencies for such cleaning.The Contractor shall assume a vactor truck or trailer is needed full time,with appropriate staffing. 18. Special Provisions,Section 7-20.3(6), Installation of Submerged Temporary Manhole,after the first paragraph,ADD the following paragraph: The Contractor shall remove the existing pipe between the points of connection on either side of the temporary manhole.The pipe segment shall placed on one of the work barges where the Engineer will identify subsections of the pipe for subsequent testing under another contract. The Contractor shall cut the pipe to the indicated lengths.The sections shall be double wrapped in heavy plastic and placed in a shipping crate with wood or foam supports to limit shifting.The crates shall be sufficient for long distance shipping. Each crate shall be labeled "Pipe Sample No. X, Kennydale Sewer Lake Line."The packaged sections shall be delivered to the City's maintenance shops.Six pipe samples are to be collected,three from each temporary manhole site.Sections are to be one-two feet in length. 3 19. Special Provisions,Section 7-21.3(1)Access Tube Installation,after the sixth paragraph that starts,"The access tubes shall be bolted...,"ADD the following three paragraphs: The Contractor shall provide and install a new gasket in the base of the access tube replacing any gasket that may be in place.The gasket shall be as described on Drawing No.6, Notes 7 and 9. For the three existing in-water manholes,the Contractor shall replace the gaskets in the stainless steel lid prior to the final installation of the manhole lid. For the three existing in-water manholes,the Contractor shall install new marker buoys.The buoys shall be approximately one foot in diameter,colored orange,and attached to the anchor provided on the side of the manhole with 1/8-inch stainless steel cable.Cable ends should be swaged and attached at either end with locking rings. 20. Special Provisions,Section 7-21.3(2),Cleaning of the Sewer Lakeline,after the paragraph that starts,"Contractor shall take appropriate measures...,"ADD the following paragraph: "Prior to September 3,2018,cleaning from the existing upland access point at Kennydale Beach Park shall occur only between the hours of 7am and 11am.After September 3,2018, no such time restriction exists." 21. Appendix A,Permits,after the HPA permit(4 pages),ADD the attached document titled "Nationwide Permit 3,Terms and Conditions,Effective March 19,2017."The Contractor shall assume these will be the conditions applied by the US Army Corps of Engineers permit,when it is issued,and shall conduct their operations accordingly. 6 aR� 0 .��. ,- tip. s • „I /fir 37442 -�.Z,e 4 PREVAILING MINIMUM HOURLY WAGE RATES WASHINGTON STATE PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS REFERENCE The State of Washington Prevailing Wage Rates applicable for this public works contract,which is located in King_County,may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx . Check with the Department of Labor and Industries for any questions regarding Prevailing Wage Rates, and for a copy of all trade classifications. Based on the Pricing Proposal submittal deadline for this project,the applicable effective date for prevailing wages for this project is July 17,2018 . 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—Public Works Contract"may be found at the following website http://lni.wa.gov/FormPub/Detail.asp?DocID=1918 . The State of Washington"Affidavit of Wages Paid—Public Works Contract and Instructions"may be found at the following website http://lni.wa.gov/FormPub/Detail.asp?DocID=1909 . 24A_State Prevailing Wages Reference.doc\ SPECIAL PROVISIONS Special Provisions 2 Division 1 General Requirements 2 1-01 DEFINITIONS AND TERMS 2 1-02 BID PROCEDURES AND CONDITIONS 5 1-03 AWARD AND EXECUTION OF CONTRACT 8 1-04 SCOPE OF WORK 10 1-05 CONTROL OF WORK 11 1-06 CONTROL OF MATERIAL 18 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 18 1-08 PROSECUTION AND PROGRESS 33 1-09 MEASUREMENT AND PAYMENT 40 1-11 RENTON SURVEYING STANDARDS 50 DIVISION EARTHWORK 52 2-01 CLEARING,GRUBBING,AND ROADSIDE CLEANUP 52 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS 53 2-06 SUBGRADE PREPARATION 53 2-09 STRUCTURE EXCAVATION 53 • DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS,AND CONDUITS 54 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS 54 7-17 SANITARY SEWERS 57 7-20 TEMPORARY MANHOLES 58 7-21 CLEANING OF EXISTING SANITARY SEWER(New Section) 62 7-22 CCTV INSPECTION OF SEWER PIPELINES (NEW SECTION) 65 DIVISION 8 MISCELLANEOUS CONSTRUCTION 68 8-02 ROADSIDE RESTORATION 68 DIVISION 9 MATERIALS 72 9-30 WATER DISTRIBUTION MATERIALS 72 1 8/8/2018 SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction,2016 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 Details,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. Throughout these Special Provisions are references to bids, bidding, bid items and other bid-related terminology. For the purposes of this emergency project,those should be interpreted within the context of negotiating prices with the City. No such interpretation should be taken to invalidate the terms and intent of the Contract Documents. References to Bidder shall be interpreted as Contractor. DIVISION 1 GENERAL REQUIREMENTS 1-01 DEFINITIONS AND TERMS 1-01.1 General Section 1-01.1 is supplemented with: Whenever reference is made to the State, State of Washington, Commission, Department of Transportation, Secretary of Transportation, Owner, Contracting Agency or Engineer, such reference shall be deemed to mean the City of Renton acting through its City Council, employees, and duly authorized representatives for all contracts administered by the City of Renton. All references to"State Materials Laboratory"shall be revised to read"Contracting Agency designated location". 1-01.3 Definitions Section 1-01.3 is revised and supplemented by the following: (******) Act of God "Act of God" means an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain,windstorm,high water or other natural phenomenon of unusual intensity for the specific locality of the Work, which might reasonably have been anticipated from historical records of the general locality of the Work,shall not be construed as an act of God. 2 8/8/2018 Consulting Engineer The Contracting Agency's design consultant,who may or may not administer the construction program for the Contracting Agency. Contract Documents See definition for"Contract". Contract Price Either the unit price,the unit prices,or lump sum price or prices named in the proposal,or in properly executed change orders. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Dates Bid Opening Date: The date on which the Contracting Agency publicly opens and reads the bids. Award Date:The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive Bidder for the Work. Contract Execution Date: The date the Contracting Agency officially binds the agency to the Contract. Notice to Proceed Date:The date stated in the Notice to Proceed on which the Contract Time begins. 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 Owner for the construction engineering of a specific public works project. Inspector The Owner's authorized representative assigned to make necessary observations of the Work performed or being performed,or of materials furnished or being furnished by the Contractor. 3 8/8/2018 Notice of Award:The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed:The written notice from the Contracting Agency or the Engineer to the Contractor authorizing and directing the Contractor to proceed with Work and establishing the date on which the Contract time begins. Or Equal Where the term "or equal" is used herein, the Contracting Agency, or the Contracting Agency on recommendation of the Engineer,shall be the sole judge of the quality and suitability of the proposed substitution. The responsibility and cost of furnishing necessary evidence, demonstrations, or other information required to obtain the approval of alternative materials or processes by the Owner shall be entirely borne by the Contractor. Owner The City of Renton or its authorized representative also referred to as Contracting Agency. Performance and Payment Bond Same as "Contract Bond" defined in the Standard Specifications. Plans The Contract Plans and/or Standard Plans which show location, character, and dimensions of prescribed Work including layouts,profiles,cross-sections,and other details. Drawings may either be bound in the same book as the balance of the Contract Documents or bound in separate sets,and are a part of the Contract Documents, regardless of the method of binding. The terms "Standard Drawings"or"Standard Details"generally used in Specifications refers to drawings bound either with the specification documents or included with the Plans or the City of Renton Standard Plans. Points Wherever reference is made to the Engineer's points,this shall mean all marks, bench marks, reference points,stakes, hubs,tack,etc.,established by the Engineer for maintaining horizontal and vertical control of the Work. Provide Means"furnish and install"as specified and shown in the Plans. Secretary,Secretary of Transportation The chief executive officer of the Department and other authorized representatives. The chief executive 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. 4 8/8/2018 Traffic Both vehicular and non-vehicular traffic,such as pedestrians, bicyclists,wheelchairs,and equestrian traffic. Utility Public or private fixed improvement for the transportation of fluids,gases, power, signals,or communications and shall be understood to include tracks,overhead and underground wires, cables, pipelines,conduits,ducts,sewers,or storm drains. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 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 4 Furnished automatically contract provisions upon award Large Plans(22"x 34") 4 Furnished only upon request 1-02.4(2) Subsurface Information Section 1-02.4(2)is supplemented with the following: (******) If a geotechnical study was prepared for the project, then the findings and recommendations are summarized in a report. The City of Renton will provide this study upon request. 1-02.5 Proposal Forms Delete this Section and replace it with the following: (******) At the request of the bidder,the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. The proposal form will identify the project and its location and describe the Work. It will also list estimated quantities, units of measurement,the items of Work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to,unit bid prices;extensions;summations;the total bid amount;signatures;date;and,where applicable, retail sales taxes and acknowledgement of addenda; the bidder's name, address, telephone number, and signature;and a State of Washington Contractor's Registration Number. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. 5 8/8/2018 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: Supplement the second paragraph with the following: ****** 4. If a minimum bid amount has been established for any item,the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation,alteration,or erasure,shall be initialed by the signer of the bid. Delete the last paragraph,and replace it with the following: The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name,by the president or a vice president(or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name,and signed by a partner.A copy of the partnership agreement shall be submitted with the Bid Form if any D/M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture.A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W/MBE requirements are to be satisfied through such an agreement. 1-02.6(1) Proprietary Information 1-02.6(1)is a new Section. (******) Vendors should, in the bid proposal, identify clearly any material(s),which constitute "(valuable) formula, designs drawings, and research data" so as to be exempt from public disclosure, RCW 42.17.310,or any materials otherwise claimed to be exempt,along with a Statement of the basis for such claim of exemption. The Department (or State) will give notice to the vendor of any request for disclosure of such information received within 5 (five) years from the date of submission. Failure to so label such materials or failure to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting vendor of any claim that such materials are,in fact,so exempt. 1-02.7 Bid Deposit Section 1-02.7 is supplemented with the following: (******) Bid Bonds shall contain the following: 1. Number assigned to the project by the Contracting Agency; 6 8/8/2018 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder's officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany said signature; 6. The signature of the surety's officer empowered to sign the bond form included in the Contract Provision. 1-02.9 Delivery of Proposal Revise the first paragraph to read: (******) Each proposal shall be submitted in a sealed envelope,with Project Name and Project Number clearly marked on the outside of the envelope as stated in the Advertisement 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 Ito read: (******) 1. A proposal will be considered irregular and will be rejected if: a. The bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The complete proposal form contains any unauthorized additions,deletions,alternate bids,or conditions; d. The bidder adds provisions reserving the right to reject or accept the award,or enter into the Contract; e. A price per unit cannot be determined from the bid proposal; f. The proposal form is not properly executed; g. The bidder fails to submit or properly complete a subcontractor list, if applicable, as required in Section 1-2.6 h. The bidder fails to submit or properly complete a Disadvantaged, Minority or Women's Business Enterprise Certification,if applicable,as required in Section 1-02.6; or 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 Revise this section to read: (******) 1. A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to 7 8/8/2018 the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contracting Agency Work or for Work done for others,as judged from the standpoint of conduct of the Work; workmanship; progress; affirmative action; equal employment opportunity practices; or Disadvantaged Enterprise, Minority Enterprise, or Women's Business Enterprise utilization. e. There is uncompleted Work (Contracting Agency or otherwise) which might hinder or prevent the prompt completion of the Work bid upon; f. The bidder failed to settle bills for labor or materials on past or current contracts; g. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract; h. The bidder is unable,financially or otherwise,to perform the Work; i. A bidder is not authorized to do business in the State of Washington (not registered in accordance with RCW 18.27) j. The bidder does not meet the supplemental qualifications criteria as stated in Section 1- 02.1(1). k. There are any other reasons deemed proper by the Contracting Agency. 1-02.15 Pre Award Information Revise this section to read: (******) Before awarding any contract, the Contracting Agency may require one or more of these items or actions of: 1. A complete statement of the origin, composition, and manufacture of any or all materials to be used; 2. Samples of these materials for quality and fitness tests; 3. A progress schedule (in a form the Contracting Agency requires) showing the order of time required for the various phases of Work; 4. A breakdown of costs assigned to any bid item; 5. Attending at a conference with the Engineer or representatives of the Engineer; 6. Obtain,and furnish a copy of,a business license to do business in the city and/or county where the Work is located; 7. A copy of State of Washington Contractor's Registration;or 8. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of bids Section 1-03.1 is supplemented with the following: (******) All bids will be based on total sum of all schedules of prices. No partial bids will be accepted unless so stated in the call for bids or special provisions.The City reserves the right however to award all or any schedule of a bid to the lowest bidder at its discretion. 1-03.2 Award of Contract Section 1-03.2 is supplemented with the following: (******) The Contract,bond form,and all other forms requiring execution,together with a list of all other forms or documents required to be submitted by the successful bidder, will be forwarded to the successful bidder within 10 days of the award. The number of copies to be executed by the Contractor shall be determined by the Contracting Agency. 1-03.3 Execution of Contract Section 1-03.3 is revised and supplemented as follows: (******) 8 8/8/2018 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 tie subcontractors, material person,or any other person who provides supplies or provisions for carrying out Work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner). If the Contractor is a corporation, the bond must be signed by the president or vice-president, unless accompanied by a written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). 1-03.7 Judicial Review Revise the last sentence to read: 9 8/8/2018 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. Technical Specifications(if any) 4. Special Provisions 5. Contract Plans 6. Contracting Agency's Standard Plans(if any) 7. Amendments to the Standard Specifications 8. WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction 9. WSDOT/APWA Standard Plans for Road, Bridge and Municipal Construction 1-04.3 Contractor-Discovered Discrepancies Section 1-04.3 is a new section: (******) Upon receipt of award of contract, the Contractor shall carefully study and compare all the components of the Contract Documents and other instructions, and check and verify all field measurements.The Contractor shall, prior to ordering material or performing Work, report in writing to the Engineer any error, inconsistency, or omission in respect to design or mode of construction, which is discovered. If the Contractor, in the course of this study or in the accomplishment of the Work, finds any discrepancy between the Plans and the physical condition of the locality as represented in the Plans,or any such errors or omissions in respect to design or mode of construction in the Plans or in the layout as given by points and instructions, it shall be the Contractor's duty to inform the Engineer immediately in writing,and the Engineer will promptly check the same. Any Work done after such discovery, until correction of Plans or authorization of extra Work is given, if the Engineer finds that extra Work is involved, will be done at the Contractor's risk. If extra Work is involved,the procedure shall be as provided in Section 1-04.4 of the Standard Specifications. 1-04.4 Changes The last two paragraphs are replaced with the following: (******) Renton does not have a formal policy or guidelines on cost reduction alternatives, but will evaluate such proposals by the Contractor on a case-by-case basis. 1-04.4(1) Minor Changes Section 1-04.4(1)is supplemented as follows: (******) Payments and credits will be determined in accordance with Section 1-09.4 of the Standard Specifications. For the purpose of providing a common proposal for all bidders,the Contracting Agency may have entered an amount for"Minor Change" in the Proposal to become a part of the total bid by the Contractor. 1-04.8 Progress Estimates and Payments Section 1-04.8 is supplemented as follows: (******) The Contractor is encouraged to provide to the Engineer prior to progress payments an estimate of "Lump Sum" Work accomplished to date. The Engineer's calculations and decisions shall be final in 10 8/8/2018 regard to the actual percentage of any lump sum pay item accomplished and eligible for payment unless another specific method of calculating lump sum payments is provided elsewhere in the Specifications. 1-04.11 Final Cleanup Section 1-04.11 is supplemented as follows: (******) All salvage material as noted on the Plans and taken from any of the discarded facilities shall, at the Engineer's discretion, be carefully salvaged and delivered to the City shops. Any cost incurred in salvaging and delivering such items shall be considered incidental to the project and no compensation will be made. The Contract price for "Finish and Cleanup, Lump Sum," shall be full compensation for all Work, equipment and materials required to perform final cleanup. If this pay item does not appear in the Contract Documents then final cleanup shall be considered incidental to the Contract and to other pay item and no further compensation shall be made. 1-05 CONTROL OF WORK 1-05.4 Conformity With and Deviation from Plans and Stakes Section 1-05.4 is supplemented with the following: (******) If the project calls for the Contractor supplied surveying, the Contractor shall provide all required survey Work, including such Work as mentioned in Sections 1-05, 1-11 and elsewhere in these Specifications as being provided by the Contractor.All costs for this survey Work shall be included in "Contractor Supplied Surveying," per lump sum. The Engineer or the Contractor supplied surveyor will provide construction stakes and marks establishing lines,slopes,and grades as stipulated in Sections 1-05.4 and will perform such Work per Section 1-11. The Contractor shall assume full responsibility for detailed dimensions,elevations,and excavation slopes measured from the Engineer or the Contractor supplied surveyor furnished stakes and marks. The Contractor shall provide a work site,which has been prepared to permit construction staking to 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 11 8/8/20I8 field notes shall be provided the Engineer upon request and upon completion of the Contract Work the field book or books shall be submitted to the Engineer and become the property of the Contracting Agency. If the survey Work provided by the Contractor does not meet the standards of the Engineer,then the Contractor shall, upon the Engineer's written request, remove the individual or individuals doing the survey Work and the survey Work will be completed by the Engineer at the Contractor's expense. Costs for completing the survey Work required by the Engineer will be deducted from monies due or to become due the Contractor. All costs for survey Work required to be performed by the Contractor shall be included in the prices bid for the various items which comprise the improvement or be included in the bid item for "Contractor Supplied Surveying"per lump sum if that item is included in the contracts. 1-05.4(3) Contractor Supplied Surveying Section 1-05.4(3)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 maintaining As-Built records for the project. The Contractor shall coordinate his operations and assist the Surveyor in maintaining accurate As-Built records 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 records and other Work the Engineer deems necessary,the Engineer may elect to provide at Contractor expense,a surveyor to provide all As-Built records 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 As-Built drawings shall be included in the lump sum price for "Construction Surveying,Staking,and As-Builts." 1-05.4(4) Contractor Provided As-Built Information Section 1-05.4(4)is a new section: (******) It shall be the Contractor's responsibility to record the location prior to the backfilling of the trenches, 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 by centerline station, offset and elevation 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, 12 8/8/2018 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 the hard covered field book(s)containing the as-built notes and one set of white prints of the project drawings upon which he has plotted the notes of the Contractor locating existing utilities,and one set of white prints of the project drawings upon which he has plotted the as-built location of the new Work as he recorded in the field book(s). 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-Builts",lump sum. 1-05.7 Removal of Defective and/or Unauthorized Work Section 1-05.7 is supplemented as follows: (******) Upon written notice from the Engineer,the Contractor shall promptly replace and re-execute Work by Contractor forces, in accordance with the intent of the Contract and without expense to the Owner, and shall bear the expense of making good all Work of other contractors destroyed or damaged by such removal or replacement. If the Contractor does not remove such condemned Work and materials and commence re-execution of the Work within 7 calendar days of written notice from the Engineer,or fails to perform any part of the Work required by the Contract Documents,the Owner may correct and remedy such Work as may be identified in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. In that case,the Owner may store removed material. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and remedying defective or unauthorized Work,or Work the Contractor failed or refused to perform,shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due,the Contractor. Such direct and indirect costs shall include in particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of Work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized Work. If sufficient funds do not remain in the Contract and the Contractor does not pay the cost of such removal and storage within 10 calendar days from the date of the notice to the Contractor of the fact of such removal, the Owner may, upon an additional 10 calendar days written notice, sell such materials at public or private sale,and deduct all costs and expenses incurred from monies due to the Contractor,including costs of sale,and accounting to Contractor for the net proceeds remaining. The Owner may bid at any such sale. The Contractor shall be liable to the Owner for the amount of any deficiency from any funds otherwise due the Contractor. If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation,the Engineer may have the defective and unauthorized Work corrected immediately, have the rejected Work removed and replaced,or have Work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer,a delay in its remedy could be potentially unsafe,or might cause serious risk of loss or damage to the public,the Property Owner and the Property Owner's property. No adjustment in contract time or compensation will be allowed because of the delay in the performance of the Work attributable to the exercise of the Contracting Agency's rights provided by this section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the Work as required. 13 8/8/2018 1-05.10 Guarantees Section 1-05.10 is supplemented as follows: (******) If within one year after the Acceptance Date of the Work by the Contracting Agency,defective and/or unauthorized Work is discovered,the Contractor shall promptly,upon written order by the Contracting Agency,return and in accordance with the Engineer's instructions,either correct such Work,or if such Work has been rejected by the Engineer, remove it from the project site and replace it with non- defective and authorized Work,all without cost to the Contracting Agency. If the Contractor does not promptly comply with the written order to correct defective and/or unauthorized Work, or if an emergency exists, the Contracting Agency reserves the right to have defective and/or unauthorized Work corrected or removed and replaced pursuant to Section 1-05.7 "Removal of Defective and/or Unauthorized Work." The Contractor agrees the above one year limitation shall not exclude or diminish the Contracting Agency's rights under any law to obtain damages and recover costs resulting from defective and/or unauthorized Work discovered after one year but prior to the expiration of the legal time period set forth in RCW 4.16.040 limiting actions upon a contract in writing, or liability expressed of implied arising out of a written agreement. The Contractor shall warrant good title to all materials, supplies, and equipment purchased for, or incorporated in the Work. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor,to recover under any bond given by the Contractor for their protection, or any rights under any law permitting such persons to look to funds due the Contractor in the hands of the Contracting Agency. The provisions of this paragraph shall be inserted in all subcontracts and material contracts,and notice of its provisions shall be given to all persons furnishing materials for the Work when no formal contract is entered into for such materials. 1-05.11 Final Inspection 1-05.11(1) Substantial Completion Date Section 1-05.11(1)is a new section: (******) When the Contractor considers the Work to be substantially complete,the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Engineer will schedule an inspection of the Work with the Contractor to determine the status of completion. To be considered substantially complete the following conditions must be met: 1. The Contracting Agency must have full and unrestricted use and benefit of the facilities both from the operational and safety standpoint. 2. Only minor incidental Work, replacement of temporary substitute facilities,or correction of repair Work remains to reach physical completion of the Work. The Contractor's request shall list the specific items of Work in subparagraph two above that remains to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date unilaterally. If after this inspection,the Engineer concurs with the Contractor that the Work is substantially complete and ready for its intended use,the Engineer, by written notice to the Contractor,will set the Substantial Completion Date. If,after this inspection the Engineer does not consider the Work substantially complete and ready for its intended use,the Engineer will, by written notice,so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion,whichever is applicable,the Contractor shall pursue vigorously,diligently and without unauthorized interruption, 14 8/8/2018 the Work necessary to reach Substantial and Physical Completion.The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the Work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the Work physically complete and ready for Final Inspection. 1-05.11(2) Final Inspection and Physical Completion Date Section 1-05.11(2)is a new Section: (******) When the Contractor considers the Work physically complete and ready for Final Inspection, the Contractor, by Written Notice,shall request the Engineer to schedule a final inspection.The Engineer will set a date for Final Inspection.The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the Final Inspection reveals the Work incomplete or unacceptable.The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective Work shall be pursued vigorously,diligently,and without interruption until physical completion of the listed deficiencies.This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the Written Notice listing the deficiencies,the Engineer may,upon Written Notice to the Contractor,take whatever steps are necessary to correct those deficiencies pursuant to Section 1-05.8. The Contractor will not be allowed an extension of contract time because of a delay in the performance of the Work attributable to the exercise of the Engineer's right hereunder. Upon correction of all deficiencies,the Engineer will notify the Contractor and the Contracting Agency, in writing, of the date upon which the Work was considered physically complete, that date shall constitute the Physical Completion Date of the Contract, but shall not imply all the obligations of the Contractor under the Contract have been fulfilled. 1-05.11(3) Operational Testing Section 1-05.11(3)is a new section: Unless otherwise noted in the Contract Documents,the Contractor shall give the Engineer a minimum of 3 working days' notice of the time for each test and inspection. If the inspection is by another authority than the Engineer, the Contractor shall give the Engineer a minimum of 3 working days' notice of the date fixed for such inspection.Required certificates of inspection by other authority than the Engineer shall be secured by the Contractor. It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and 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. 15 8/8/2018 The costs for power,gas,labor, material,supplies,and everything else needed to successfully complete operational testing,shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods,when required by the Engineer,shall not affect a manufacturer's guaranties or warranties furnished under the terms of the Contract. 1-05.12 Final Acceptance The third and fourth sentences in paragraph 1 are deleted and replaced with: (******) The Final Acceptance date shall be that date in which the Renton City Council formally approves acceptance of the Contract. 1-05.13 Superintendents, Labor and Equipment of Contractor Revise the seventh paragraph to read: (******) Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1- 02.1,the Contracting Agency will take these performance reports into account. 1-05.14 Cooperation with Other Contractors Section 1-05.14 is supplemented as follows: (******) The Contractor shall afford the Owner and other contractors working in the area reasonable opportunity for the introduction and storage of their materials and the execution of their respective Work,and shall properly connect and coordinate the Contractor's Work with theirs. Other utilities,districts,agencies,and contractors who may have facilities within the project area are: 1. Puget Sound Energy(gas and electric) 2. AT&T Broadband 3. CenturyLink 4. City of Renton(water,sewer,transportation) 5. Comcast 6. Seattle Public Utilities 7. King County 8. Olympic Pipeline 9. Soos Creek Sewer and Water District 10. Cedar River Sewer and Water District 11. Skyway Sewer and Water District 12. 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 16 8/8/2018 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. The diary must contain the Project and Number; if the diary is in loose-leaf form,this information must appear on every page. The diary must be kept and maintained by the Contractor's designated project superintendent(s). Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum,the diary shall show on a daily basis: 1. The day and date. 2. The weather conditions,including changes throughout the day. 3. A complete description of Work accomplished during the day with adequate references to the Plans and Contract Provisions,so that the reader can easily and accurately identify said Work in the Plans. Identify location/description of photographs or videos taken that day. 4. An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect the Contractor, the Owner,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 Owner 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 Owner 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 Owner's representative on the job site will also complete a Daily Construction Report. 17 8/8/2018 1-05.19 Engineer,Assistants, Inspectors Transportation Section 1-05.19 is a new section: (******) The Contractor shall provide boat transport for City and Engineer staff from and to Gene Coulon Park docks to the respective work areas of the contract.Staff will at time be monitoring contract compliance, measuring liquid levels in the sewer system at the work site and at upland access points,monitoring discharge of liquids to the sewer lift station,conducting water quality measurements,and documenting the progress of the work.Such responsibilities require immediate access throughout the work zone.The Contractor shall provide a safe vessel and appropriately trained operator to provide such transportation at any time during the working day.The operator may have other responsibilities on the project, but none that would require a delay in providing transport such that the primary work of the project is impeded. 1-06 CONTROL OF MATERIAL 1-06.1 Approval of Materials Prior to Use Section 1-06.1 is supplemented as follows: (******) The materials and equipment lists submitted to the Engineer at the Preconstruction Conference shall include the quantity, manufacturer, and model number, if applicable, of materials and equipment to be installed under the Contract. This list will be checked by the Engineer as to conformity with the Contract Documents. The Engineer will review the lists within 10 working days, noting required corrections. The Contractor shall make required corrections and file 2 corrected copies with the Engineer within one week after receipt of required corrections. The Engineer's review and acceptance of the lists shall not relieve the Contractor from responsibility for suitability for the intended purpose, nor for deviations from the Contract Documents. 1-06.2(1) Samples and Tests for Acceptance Section 1-06.2(1)is supplemented a follows: (******) The finished Work shall be in accordance with approved samples. Approval of samples by the Engineer does not relieve the Contractor of responsibility for performance of the Work in accordance with the Contract Documents. 1-06.2(2) Statistical Evaluation of Materials for Acceptance Section 1-06.02(2)is supplemented by adding the following: (******) Unless stated otherwise in the special provisions,statistical evaluation will not be used by the City of Renton. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed Section 1-07.1 is supplemented as follows: (******) 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 18 8/8/2018 public observation,shall be provided and maintained by the Contractor. In cases of conflict between different safety regulations,the more stringent regulation shall apply. The Washington State Department of Labor and Industries shall be the sole and paramount administrative agency responsible for the administration of the provisions of the Washington Industrial Safety and Health Act of 1973 (WISHA). The Contractor shall maintain at the project site office,or other well-known place at the project site, all articles necessary for providing first aid to the injured. The Contractor shall establish, publish, and make known to all employees, procedures for ensuring immediate removal to a hospital or doctor's care,and persons,including employees,who may have been injured on the project site. Employees should not be permitted to Work on the project site before the Contractor has established and made known procedures for removal of injured persons to a hospital or a doctor's care. The Contractor shall have sole responsibility for the safety,efficiency,and adequacy of the Contractor's plant,appliances,and methods,and for any damage or injury resulting from their failure,or improper maintenance, use,or operation. The Contractor shall be solely and completely responsible for the conditions of the project site, including safety for all persons and property in the performance of the Work. This requirement shall apply continuously,and not be limited to normal working'hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not,and shall not, be intended to include review and adequacy of the Contractor's safety measures,in,on,or near the project site. 1-07.2 State Sales Tax Delete this section,including its sub-sections,in its entirety and replace it with the following: (******) 1-07.2(1) General The Washington State Department of Revenue has issued special rules on the state sales tax. Sections 1-07.2(1)through 1-07.2(4)are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The Contracting Agency will not adjust its payment if the Contractor bases a bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however,state retail sales tax will not be included. Section 1-07.2(3) describes this exception. The Contracting Agency will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all contract-related taxes have been paid (RCW 60.28.050). The Contracting Agency may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this contract or not. Any amount so deducted will be paid into the proper state fund 1-07.2(2) State Sales Tax—Rule 171 19 8/8/2018 WAC 458-20-171,and its related rules, apply to building,repairing,or improving streets, roads,etc., which are owned by a municipal corporation,or political subdivision of the state,or by the United States,and which are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as part of the street or road drainage system,and power lines when such are part of the roadway lighting system. For Work performed in such cases,the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices,or other contract amounts,including those that the Contractor pays on the purchase of the materials, equipment,or supplies used or consumed in doing the Work. 1-07.2(2) State Sales Tax—Rule 170 WAC 458-20-170,and its related rules,applies to the constructing and repairing of new or existing buildings,or other structures, upon real property. This includes, but is not limited to;the construction of streets, roads,highways,etc.,owned by the state of Washington;water mains and their appurtenances;sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within,and a part of,a street or road drainage system;telephone,telegraph,electrical power distribution lines,or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system;and installing or attaching of any article of tangible personal property in or to real property,whether or not such personal property becomes a part of the realty by virtue of installation. For Work performed in such cases,the Contractor shall collect from the Contracting Agency,retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason,the Contractor shall not include the retail sales tax in the unit bid item prices,or in any other contract amount subject to Rule 170,with the following exception. Exception:The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools,machinery,equipment,or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1-07.2(4) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services(as defined in Washington State Department of Revenue Rules 138 and 244). 1-07.6 Permits and Licenses Section 1-07.6 is supplemented as follows: (******) The 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. 20 8/8/2018 The Contractor shall be required to comply with all conditions of the permits,easements,and rights of entry,at no additional cost to the Owner. The Contractor is required to indemnify the Owner from claims on all easements and rights of entry. All other permits, licenses,etc.,shall be the responsibility of the Contractor. The Contractor shall comply with the special provisions and requirements of each. Permits, permission under franchises, licenses and bonds of a temporary nature necessary for and during the prosecution of the Work,and inspection fees in connection therewith shall be secured and paid for,by the Contractor. If the Owner is required to secure such permits, permission under franchises,licenses and bonds,and pay the fees,the costs incurred by the Owner thereby shall be charged against the Contractor and deducted from any funds otherwise due the Contractor. 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 new: (******) Each Contractor,Subcontractor, Consultant, and or Supplier shall complete and submit a copy of the "City of Renton Fair Practices Policy Affidavit of Compliance".A copy of this document will be bound in the bid documents. 1-07.12 Federal Agency Inspection Section 1-07.12 is supplemented with the following: (******) Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended,are less restrictive than Washington State Law,then the Washington State Law shall prevail. The provisions of FHWA 1273,as amended,included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273,as amended. Also,a clause shall be included in each subcontract requiring 21 8/8/2018 the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this Section, REQUIRED FEDERAL AID PROVISIONS,is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer,the Contractor will be provided with extra copies of the FHWA 1273,the amendments thereto,the applicable wage rates,and this Special Provision. 1-07.13 Contractor's Responsibility for Work 1-07.13(1) General Section 1-07.13(1)is supplemented as follows: (******) During unfavorable weather and other conditions, the Contractor shall pursue only such portions of the Work as shall not be damaged thereby. No portion of the Work whose satisfactory quality or efficiency will be affected by unfavorable conditions shall be constructed while these conditions exist, unless the Contractor shall be able to overcome said unfavorable conditions by special means or precautions acceptable to the Engineer. 1-07.15 Temporary Water Pollution/Erosion Control Delete the first paragraph,and replace it with the following: (******) 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 2010 City of Renton Amendments to the King County 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. 22 8/8/2018 c. Pump and pipe types,sizes,manufacturer's data,and design criteria for pump sizing. d. Flow calculations for stormwater, seepage, and dewatering pump discharge. Schedule and sketch of location for dewatering systems. Pumps shall be sized to pump stormwater runoff for the tributary area plus an allowance for groundwater and surface seepage. Each pump area location shall be equipped with two pumps meeting the capacity requirement, in case one is non-operational. e. Source of power for pumps, description of schedule and fueling requirements, storage location,and methods. 4. Manufacturer's literature and test results (certificates) on the temporary silt fence, erosion control matting, riprap gradations,and any other necessary erosion control materials. S. Planned installation and maintenance schedule for temporary erosion and sedimentation control facilities. Indicate locations and outlets of dewatering systems. The Contractor shall also prepare a final SWPPP. The SWPPP must meet the requirements of the Department of Ecology's NPDES and State Waste Discharge General Permit for Stormwater Discharges Associated with Construction Activity(General Permit).The SWPPP shall include and modify as necessary the Site Preparation and Erosion Control Plan drawings provided as part of the Contract Plans.The Contractor shall prepare, review,and modify the SWPPP as necessary to be consistent with the actual work schedule,sequencing,and construction methods that will be used on the project.The Contractor's SWPPP shall meet the requirements of the general permit. The Contractor shall: • Furnish, install, operate, and maintain necessary machinery, appurtenances, and equipment to keep excavations free of water during construction; • Dewater and dispose of water in a manner that will not cause injury to public and private property, as well as keep sediment-laden water from entering the City surface water system or violate applicable water standards; • Keep sufficient pumping equipment and machinery on hand at all times for emergencies, including electric power failures; • Keep experienced personnel available at all times to operate pumping equipment,machinery and appliances; • Not shut down dewatering systems between shifts, on holidays and weekends, nor during work stoppages without prior authorization by the Engineer; • Control groundwater to prevent softening of bottoms of excavations,or formation of"quick" conditions or"boils"; • Design and operate dewatering system that will not remove natural soils; • Keep excavations free of water during excavation, construction of structures, installation of pipelines, placing of structures, backfill,and placing and curing of concrete;and • Control surface water runoff to prevent entry and collection in excavations. As construction progresses and unexpected or seasonal conditions dictate,the Contractor shall anticipate that more water pollution/erosion control measures will be necessary. It shall be the obligation and responsibility of the Contractor to revise or supplement the pollution/erosion control measures as may be needed to protect the work,adjacent properties,storm drains,streams,and other water bodies. At all times,there must be material on the job site to handle any spills caused by the Contractor, such as tack,oils,diesel,etc. Materials would include, but not be limited to,oil absorbent pads and 23 8/8/2018 "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. 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 Owner 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 by adding the following: (******) The Contracting Agency will obtain all easements and franchises required for the project. The Contractor shall limit his operation to the areas obtained and shall not trespass on private property. The Contracting Agency may provide certain lands, as indicated in connection with the Work under the Contract together with the right of access to such lands. The Contractor shall not unreasonably encumber the premises with his equipment or materials. The Contractor shall provide,with no liability to the Contracting Agency,any additional land and access thereto not shown or described that may be required for temporary construction facilities or storage of materials. He shall construct all access roads, detour roads, or other temporary Work as required by his operations. The Contractor shall confine his equipment, storage of material, and operation of his workers to those areas shown and described and such additional areas as he may provide. 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 24 8/8/2018 Contractor shall be restored as nearly as possible to their original condition. Prior to excavation on an easement or private right-of-way,the Contractor shall strip topsoil from the trench or construction area and stockpile it in such a manner that it may be replaced by him, upon completion of construction. Ornamental trees and shrubbery shall be carefully removed with the earth surrounding their roots wrapped in burlap and replanted in their original positions within 48 hours. All shrubbery or trees destroyed or damaged,shall be replaced by the Contractor with material of equal quality at no additional cost to the Contracting Agency. In the event that it is necessary to trench through any lawn area,the sod shall be carefully cut and rolled and replaced after the trenches have been backfilled. The lawn area shall be cleaned by sweeping or other means,of all earth and debris. The Contractor shall use rubber wheel equipment similar to the small tractor-type backhoes used by side sewer contractors for all Work, including excavation and backfill,on easements or rights-of-way, which have lawn areas. All fences, markers, mailboxes,or other temporary obstacles shall be removed by the Contractor and immediately replace,after the trench is backfilled, in their original position. The Contractor shall notify the Contracting Agency and Property Owner at least 24 hours in advance of any Work done on easements or rights-of-way. Damage to existing structures outside of easement areas that may result from dewatering and/or other construction activity under this contract shall be restored to their original condition or better. The original condition shall be established by photographs taken and/or inspection made prior to construction. All such Work shall be done to the satisfaction of the Property Owners and the Contracting Agency at the expense of the Contractor. D. Streets. The Contractor will assume all responsibility of restoration of the surface of all streets(traveled ways)used by him if damaged. In the event the Contractor does not have labor or material immediately available to make necessary repairs,the Contractor shall so inform the Contracting Agency. The Contracting Agency will make the necessary repairs and the cost of such repairs shall be paid by the Contractor. The Contractor is responsible for identifying and documenting any damage that is pre-existing or caused by others. Restoration of excavation in City streets shall be done in accordance with the City of Renton Trench Restoration Requirements, which is available at the Public Works Department Customer Services counter on the 6th floor, Renton City Hall, 1055 South Grady Way. 1-07.17 Utilities and Similar Facilities Section 1-07.17 is supplemented by adding: Existing utilities indicated in the Plans have been plotted from the best information available to the Engineer. Information and data shown or indicated in the Contract Documents with respect to existing underground utilities or services at or contiguous to the project site are based on information and data furnished to the Owner and the Engineer by owners of such underground facilities or others,and the Owner and the Engineer do not assume responsibility for the accuracy or completeness thereof. It is to be understood that other aboveground or underground facilities not shown in the Plans may be encountered during the course of the Work. All utility valves, manholes,vaults, or pull boxes which are buried shall be conspicuously marked in a fashion acceptable to the Owner and the Engineer by the Contractor to allow their location to be determined by the Engineer or utility personnel under adverse conditions, (inclement weather or darkness). Where underground main distribution conduits, such as water, gas, sewer, electric power, or telephone,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. 25 8/8/2018 The Contractor shall check with the utility companies concerning any possible conflict prior to commencing excavation in any area. The Contractor shall resolve all crossing and clearance problems with the utility company concerned. No excavation shall begin until all known facilities,in the vicinity of the excavation area, have been located and marked. In addition to the Contractor having all utilities field marked before starting Work,the Contractor shall have all utilities field marked after they are relocated in conjunction with this project. Call Before You Dig The 48-Hour Locators 1-800-424-5555 Or- 811 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(1) Site Specific Potholing Section 1-07.17(1)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 26 8/8/2018 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 for this potholing a minimum of five working days prior to crossing to allow for potential revisions. The contractor shall not have cause for claim of down-time or any other additional costs associated with 'waiting' if the owner provides design revisions (related to the information supplied per this section) within three working days after the contractor provides the surveyed elevations. In no way shall the Work described under Site Specific Potholing relieve the Contractor of any of the responsibilities described in Section 1-07.17 of the Standard Specifications and Special Provisions,and elsewhere in the Contract Documents. 1-07.17(3) Interruption of Services Section 1-07.17(3)is a new section: (******) Whenever in the course of the construction operation it becomes necessary to cause an outage of utilities,it shall be the Contractor's responsibility to notify the affected users and the Engineer not less than 48 hours in advance of such outage. The Contractor shall make reasonable effort to minimize the duration of outages,and shall estimate the length of time service will be interrupted and so notify the users. In the case of any utility outage that has exceeded or will exceed four hours, user contact shall again be made. Temporary service, if needed, will be arranged by the Contractor at no cost to the Owner. Overhead lighting outages shall not exceed 24 hours. All cost to the Contractor for providing temporary overhead lighting to meet above requirements shall be incidental to the various unit and Lump sum items of the Contract; no separate payment will be made. 1-07.17(4) Resolution of Utility Conflicts (******) Section 1-07.17(4)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 is deleted replaced by the following new section and subsections: (******) 1-07.18(1) General The Contractor shall obtain and maintain in full force and effect,from the Contract Execution Date to the Completion Date, public liability and property damage insurance with an insurance company(ies) or through sources approved by the State Insurance Commissioner pursuant to RCW 48. The Contractor shall not begin work under the Contract until the required insurance has been obtained 27 8/8/2018 and approved by the Contracting Agency. Insurance shall provide coverage to the Contractor, all subcontractors, Contracting Agency and the Contracting Agency's consultant. The coverage shall protect against claims for bodily injuries,personal injuries,including accidental death,as well as claims for property damages which may arise from any act or omission of the Contractor or the subcontractor, or by anyone directly or indirectly employed by either of them. If warranted work is required the Contractor shall provide the City proof that insurance coverage and limits established under the term of the Contract for work are in full force and effect during the period of warranty work. The Contracting Agency may request a copy of the actual declaration pages(s)for each insurance policy effecting coverage(s)required on the Contract prior to the date work commences. Failure of the Contractor to fully comply during the term of the Contract with the requirements described herein will be considered a material breach of contract and shall be caused for immediate termination of the Contract at the option of the Contracting Agency. All costs for insurance shall be incidental to and included in the unit or Lump Sum prices of 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 28 8/8/2018 • Independent Contractors • Personal/Advertising Injury • Stop Gap Liability B. Automobile Liability including all • Owned Vehicles • Non-Owned Vehicles • Hired Vehicles C. Workers'Compensation • Statutory Benefits (Coverage A) - Show Washington Labor & Industries Number D. Umbrella Liability(when necessary) • Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. E. Professional Liability - (whenever the work under this Contract includes Professional Liability,including Advertising activities)the(CONTRACTOR)shall maintain professional liability covering wrongful acts, errors and/or omissions of the (CONTRACTOR) for damage sustained by reason of or in the course of operations under this Contract. F. Pollution Liability - the City may require this coverage whenever work under this Contract involves pollution risk to the environment. This coverage is to include sudden and gradual coverage for third party liability including defense costs and completed operations. Contractor shall name City of Renton,and its officers,officials,agents,employees and volunteers as Additional Insured (ISO Form CG 2010 or equivalent). The Contractor shall provide City of Renton Certificates of Insurance prior to commencement of work.The City reserves the right to request copies of insurance policies, if at their sole discretion it is deemed appropriate. Further, all policies of insurance described above shall: A. Be on a primary basis not contributory with any other insurance coverage and/or self- insurance carried by City of Renton. B. Include a Waiver of Subrogation Clause. C. Severability of Interest Clause(Cross Liability) D. The Contractor shall provide the Contracting Agency and all Additional Insured's with written notice of any policy cancellation, within two business days of their receipt of such notice. E. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the Contracting Agency may,after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency,offset against funds due the Contractor from the Contracting Agency. 1-07.18(3) Limits LIMITS REQUIRED Providing coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. The Contractor shall carry the following limits of liability as required below: 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 29 8/8/2018 * General Aggregate to apply per project (ISO Form CG2503 or equivalent) **Amount may vary based on project risk Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers'Compensation Statutory Benefits-Coverage A Variable (Show Washington Labor and Industries Number) Umbrella Liability Each Occurrence Limit $1,000,000 General Aggregate Limit $1,000,000 Products/Completed Operations Aggregate $1,000,000 Professional Liability(If required) Each Occurrence/Incident/Claim $1,000,000 Aggregate $2,000,000 Pollution Liability(If required)to apply on a per project basis Per Loss $1,000,000 Aggregate $1,000,000 The City may require the Contractor to keep professional liability coverage in effect for up to two (2) years after completion of the project. The Contractor shall promptly advise the CITY OF RENTON in the event any general aggregates are reduced for any reason,and shall reinstate the aggregate at the Contractor's expense to comply with the minimum limits and requirements as stated above and shall furnish to the CITY OF RENTON a new certificate of insurance showing such coverage is in force. 1-07.18(4) Evidence of Insurance: Within 20 days of award of the Contract, the Contractor shall provide evidence of insurance by submitting to the Contracting Agency the Certificate of Insurance (ACORD Form 25s or equivalent) conforming to items as specified in Sections 1-07.18(1), 1-07.18(2), and 1-07.18(3) as revised above. Other requirements are as follows: A. Strike the following or similar wording: "This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder". B. Strike the wording regarding cancellation notification to the City: "Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives". C. Amend the cancellation clause to state: "Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions." For Professional Liability coverage only, instead of the cancellation language specified above, the City will accept a written agreement that the consultant's broker will provide the required notification. 1-07.22 Use of Explosives Section 1-07.22 is supplemented by the following: (******) Explosives shall not be used without specific authority of the Engineer, and then only under such restrictions as may be required by the proper authorities.Explosives shall be handled and used in strict compliance with WAC 296-52 and such local laws,rules and regulations that may apply.The individual in charge of the blasting shall have a current Washington State Blaster Users License. 30 8/8/2018 The Contractor shall obtain, comply with, and pay for such permits and costs as are necessary in conjunction with blasting operations. 1-07.23 Public Convenience and Safety 1-07.23(1) Construction Under Traffic Revise the second paragraph to read: To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the Work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, driveways, and paths within the project limits, keeping them open, and in good, clean,safe condition at all times. Deficiencies caused by the Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency's expense. The Contractor shall also maintain roads,streets,sidewalks,driveways,and paths adjacent to the project limits when affected by the Contractor's operations. Snow and ice control will be performed by the Contracting Agency on all projects. Cleanup of snow and ice control debris will be at the Contracting Agency's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the Work that might impede traffic or create a hazard. 2. Keep existing traffic signal and highway lighting systems in operation as the Work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency's expense. The Contractor shall be responsible for scheduling when to renew striping, subject to the approval of the Engineer. When the scope of the project does not require Work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency's expense, except those damaged due to the Contractor's operations. 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency's expense when approved by the Engineer, except when flow is impaired due to the Contractor's operations. Section 1-07.23(1)is supplemented by adding the following: (******) The Contractor shall be responsible for controlling dust and mud within the project limits and on any street, which is utilized by his equipment for the duration of the project. The Contractor shall be prepared to use watering trucks, power sweepers, and other pieces of equipment as deemed necessary by the Engineer,to avoid creating a nuisance. Dust and mud control shall be considered as incidental to the project and no compensation will be made for this section. Complaints of dust, mud, or unsafe practices and/or property damage to private ownership will be transmitted to the Contractor and prompt action in correcting them will be required by the Contractor. 31 8/8/2018 The Contractor shall maintain the roads during construction in a suitable condition to minimize affects to vehicular and pedestrian traffic. All cost to maintain the roads shall be borne by the Contractor. At least one-way traffic shall be maintained on all cross-streets within the project limits during working hours. One lane shall be provided in each direction for all streets during non-working hours. The Contractor shall provide one drivable roadway lane and maintain convenient access for local and commuter traffic to driveways,businesses,and buildings along the line of Work throughout the course of the project. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. This restriction shall not apply to the paving portion of the construction process. The Contractor shall notify and coordinate with all property owners and tenants of street closures,or other restrictions which may interfere with their access at least 24 hours in advance for single-family residential property, and at least 48 hours in advance for apartments, offices, and commercial property. The Contractor shall give a copy of all notices to the Engineer. When the abutting owners' access across the right-of-way line is to be eliminated and replaced under the Contract by other access, the existing access shall not be closed until the replacement access facility is available. All unattended excavations shall be properly barricaded and covered at all times. The Contractor shall not open any trenches that cannot be completed and refilled that same day. Trenches shall be patched or covered by a temporary steel plate,at the Contractor's expense,except in areas where the roadway remains closed to public traffic. Steel plates must be anchored. 1-07.23(2) Construction and Maintenance of Detours (******) Revise the first paragraph to read: Unless otherwise approved, the Contractor shall maintain two-way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic,and remove when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, bridge, sidewalk,driveway,or path during construction, 2. Detour crossings of intersecting highway,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. 32 8/8/2018 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 hours notice prior to entry by the Contactor.This includes entry onto easements and private property where private improvements must be adjusted. The Contractor shall be responsible for providing, without expense or liability of the Contracting Agency, any additional land and access thereto that the Contractor may desire for temporary construction facilities, storage of materials, or other Contractor needs. However, before using any private property, whether adjoining the Work or not, the Contractor shall file with the Engineer a written permission of the private property owner,and, upon vacating the premises, a written release from the property owner of each property disturbed or otherwise interfered with by reasons of construction pursued under this Contract. The statement shall be signed by the private property owner, or proper authority acting for the owner of the private property affected, stating that permission has been granted to use the property and all necessary permits have been obtained or, in the case of a release, that the restoration of the property has been satisfactorily accomplished. The statement shall include the parcel number, address and date of signature. Written releases must be filed with the Engineer before the Completion Date will be established. 1-07.28 Confined Space Entry Section 1-07.28 is new: The Contractor shall: 1. Review and be familiar with the City's Public Works Confined Space Entry Program. 2. Review documented information about the City confined spaces in which entry is intended as listed and described in the City's Attribute and Map Book. This information includes identified hazards for each permit-required confined space. 3. Each contractor shall have their own confined space entry program. Upon request of the City they will provide a statement confirming they are in compliance with their confined space entry program including requirements for confined space training for employees associated with the project in Renton. 4. Be responsible for following all confined space requirements established by the provisions in WAC 296-809 and its chapters. 5. Coordinate entry operations with the City of Renton when employees from the contractor will be working in or near City confined spaces. 6. Discuss entry operations with the City of Renton including the program followed during confined space entry. 7. Debrief the City on any hazards confronted or created at the completion of entry operations. 8. Place signs stating,"Danger,Follow Confined Space Entry Procedure before Entering"at each confined space to be entered. Never leave the confined space open and unattended. The contractor's or consultant's point of contact with the City in regard to confined space entry will be the City's assigned construction inspector. 1-08 PROSECUTION AND PROGRESS 1-08.0 Preliminary Matters Section 1-08.0 is a new section with subsection: 33 8/8/2018 (******) 1-08.0(1) Preconstruction Conference Section 1-08.0(1)is a new subsection: (******) The Engineer will furnish the Contractor with copies of the Contract Documents per Section 1-02.2 "Plans and Specifications". Additional documents may be furnished upon request at the cost of reproduction. Prior to undertaking each part of the Work the Contractor shall carefully study and compare the Contract Documents, and check and verify pertinent figures shown therein and all applicable field measurements. The Contractor shall promptly report in writing to the Engineer any conflict,error or discrepancy,which the Contractor may discover. After the Contract has been executed, but prior to the Contractor beginning the Work, a preconstruction conference will be held between the Contractor, the Engineer and such other interested parties as may be invited. The Contractor shall prepare and submit at the preconstruction meeting: 4 Contractor's plan of operation and progress schedule(3+copies) 4 Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with bid) 4 List of materials fabricated or manufactured off the project 4 Material sources on the project 4 Names of principal suppliers 4 Detailed equipment list, including"Rental Rate Blue Book" hourly costs(both working and standby rates) 4 Weighted wage rates for all employee classifications anticipated to be used on Project 4 Cost percentage breakdown for lump sum bid item(s) 4 Shop Drawings(bring preliminary list) 4 Traffic Control Plans(3+copies) 4 Temporary Water Pollution/Erosion Control Plan In addition,the Contractor shall be prepared to address: Bonds and insurance Project meetings—schedule and responsibilities Provision for inspection for materials from outside sources Responsibility for locating utilities Responsibility for damage Time schedule for relocations, if by other than the Contractor Compliance with Contract Documents Acceptance and approval of Work Labor compliance, payrolls,and certifications Safety regulations for the Contractors'and the Owner's employees and representatives Suspension of Work,time extensions Change order procedures Progress estimates, procedures for payment Special requirements of funding agencies Construction engineering,advance notice of special Work Any interpretation of the Contract Documents requested by the Contractor Any conflicts or omissions in Contract Documents Any other problems or questions concerning the Work Processing and administration of public complaints Easements and rights-of-entry Other contracts The franchise utilities may be present at the preconstruction conference, and the Contractor should be prepared for their review and discussion of progress schedule and coordination. 34 8/8/2018 1-08.0(2) Hours of Work Section 1-08.0(2)is a new subsection: (******) Except in the case of emergency or unless otherwise approved by the Contracting Agency,the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 5:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day Work week. The normal straight time 8-hour working period for the Contract shall be established at the preconstruction conference or prior to the Contractor commencing the Work. If a Contractor desires to perform Work on holidays,Saturdays,Sundays, or before 7:00 a.m. or after 5:00 p.m.on any day,the Contractor shall apply in writing to the Engineer for permission to Work such times. Permission to Work longer than an 8-hour period between 7:00 a.m.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 35 8/8/2018 requirements in every subcontract of every tier. Section 1-08.1 is supplemented as follows: (******) Written requests for change in subcontractors shall be submitted by the Contractor to the Engineer at least 7 calendar days prior to start of a subcontractor's Work. The Contractor agrees that he/she is fully responsible to the Owner for the acts and omissions of all subcontractors and lower-tier subcontractors, and persons either directly or indirectly employed by the subcontractors, as well as for the acts and omissions of persons directly employed by the Contractor. The Contractor shall be required to give personal attention to the Work that is sublet. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. The Contractor shall be responsible for making sure all subcontractors submit all required documentation,forms,etc. 1-08.2 Assignment The second paragraph of Section 1-08.2 is modified as follows: (******) The Contractor shall not assign any moneys due or to become due to the Contractor hereunder without the prior written consent of the Owner. The assignment, if approved, shall be subject to all setoffs,withholdings,and deductions required by law and the Contract. 1-08.3 Progress Schedule Section 1-08.3 is supplemented as follows: (******) The progress schedule for the entire project shall be submitted 7 calendar days prior to the Preconstruction Conference. The schedule shall be prepared using the critical path method (CPM), preferably using Microsoft Project or equivalent software. The schedule shall contain this information, at a minimum: 1. Construction activities, in sufficient detail that all activities necessary to construct a complete and functional project are considered. Any activity that has a scheduled duration exceeding 30 calendar days shall be subdivided until no sub-element has a duration exceeding 30 calendar days. 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 (Owner'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 Owner, or for coordination with any other activity of other contractors,the availability of all or portions of the job site,or special provisions of this Contract, or to reasonably meet the completion date of the project. The Contractor shall provide such revised schedule within 10 days of request. If, at any time, in the opinion of the Engineer, the progress of construction falls significantly behind schedule, the Contractor may be required to submit a plan for regaining progress and a revised schedule indicating how the remaining Work items will be completed within the authorized contract time. The Contractor shall promptly report to the Engineer any conditions that the Contractor feels will 36 8/8/2018 require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by the Engineer. When such changes are accepted by the Engineer, the revised schedule shall be followed by the Contractor. Weekly Schedule. The Contractor shall submit a weekly progress schedule to the Engineer which sets forth specific Work to be performed the following week,and a tentative schedule for the second week. Failure to Maintain Progress Schedule. The Engineer will check actual progress of the Work against the progress schedule a minimum of two times per month. Failure, without just cause, to maintain progress in accordance with the approved schedule shall constitute a breach of Contract. If,through no fault of the Contractor, the proposed construction schedule cannot be met, the Engineer will require the Contractor to submit a revised schedule to the Engineer for acceptance. The approved revisions will thereafter,in all respects,apply in lieu of the original schedule. Failure of the Contractor to follow the progress schedule submitted and accepted, including revisions thereof,shall relieve the Owner of any and all responsibility for furnishing and making available all or any portion of the job site,and will relieve the Owner of any responsibility for delays to the Contractor in the performance of the Work. The cost of preparing the progress schedule, any supplementary progress schedules, and weekly schedules shall be considered incidental to the Contract and no other compensation shall be made. 1-08.4 Notice to Proceed and Prosecution of the Work Section 1-08.4 is replaced with the following: (******) Notice to Proceed will be given after the Contract has been executed and the Contract bond and evidence of insurances have been approved and filed by the Owner. The Contractor shall not commence the Work until the Notice to Proceed has been given by the Engineer.The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed date. The Work thereafter shall be prosecuted diligently,vigorously,and without unauthorized interruption until physical completion of the Work.There shall be no voluntary shutdowns or slowing of operations by the Contractor without prior approval of the Engineer. Such approval shall not relieve the Contractor from the contractual obligation to complete the Work within the prescribed Contract Time. 1-08.5 Time For Completion The first five paragraphs of Section 1-08.5 are deleted and replaced with the following: (******) The Work shall be physically completed in its entirety within the time specified in the Contract Documents or as extended by the Engineer.The Contract Time will be stated in "working days", shall begin on the Notice To Proceed date, or the date identified in the Notice to Proceed as "the first working day",and shall end on the Contract Completion date. A non-working day is defined as a Saturday,a Sunday,a day on which the Contract specifically suspends Work,or one of these holidays:January 1,third Monday of January, Memorial Day,July 4, Labor Day, November 11, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. The day before Christmas shall be a holiday when Christmas Day occurs on a Tuesday or Friday. The day after Christmas shall be a holiday when Christmas Day occurs on a Monday,Wednesday,or Thursday. When Christmas Day occurs on a Saturday, the two preceding working days shall be observed as holidays. When Christmas day occurs on a Sunday,the two working days following shall be observed as holidays. When holidays other than Christmas fall on a Saturday,the preceding Friday will be counted as a non- working day and when they fall on a Sunday the following Monday will be counted as a non-working day.The Contract Time has been established to allow for periods of normal inclement weather that, from historical records,is to be expected during the Contract Time,and during which periods,Work is anticipated to be performed. Each successive working day,beginning with the Notice to Proceed date and ending with the Physical Completion date,shall be charged to the Contract Time as it occurs except a day,or part of a day,which is designated a non-working day or an Engineer determined unworkable day. 37 8/8/2018 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. Revise the seventh paragraph to read: (******) The Engineer will give the Contractor written notice of the completion date of the Contract after all the Contractor's obligations under the Contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical Work on the project must be complete;and 2. The Contractor must furnish all documentation required by the Contract and required by law,to allow the Contracting Agency to process final acceptance of the Contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls(Federal-aid Projects) b. Material Acceptance Certification Documents c. Annual Report of Amounts Paid as MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation,as required by the Contract Provisions. d. FHWA 47(Federal-aid Projects) e. Final Contract Voucher Certification f. Property owner releases per Section 1-07.24 Section 1-08.5 is supplemented as follows: (******) Within 10 calendar days after execution of the Contract by the Contracting Agency, the Contractor shall provide the Contracting Agency with copies of purchase orders for all equipment items deemed critical by the Contracting Agency, including but not limited to signal controller materials, lighting standards, and signal standards required for the physical completion of the Contract. Such purchase orders shall disclose the estimated delivery dates for the equipment. All items of Work that can be performed without delivery of the critical items shall start and be completed as soon as possible. At that time,the Engineer may suspend the Work upon request of the Contractor until the critical items are delivered to the Contractor,if the Contracting Agency received a purchase order within 10 calendar days after execution of the Contract by the Contracting Agency. The Contractor will be entitled to only one such suspension of time during the performance of the Work and during such suspension shall not perform any additional Work on the project. Upon delivery of the critical items,contract time will resume and continue to be charged in accordance with Section 1-08. 38 8/8/2018 1-08.6 Suspension of Work Section 1-08.6 is supplemented as follows: (******) Owner may at any time suspend the Work, or any part thereof, by giving notice to the Contractor in writing. The Work shall be resumed by the Contractor within 14 calendar days after the date fixed in the written notice from the Owner to the Contractor to do so. The Contractor shall not suspend Work under the Contract without the written order of the Owner. If it has been determined that the Contractor is entitled to an extension of time,the amount of such extension shall be only to compensate for direct delays, and shall be based upon the Contractor's diligently pursuing the Work at a rate not less than that which would have been necessary to complete the original Contract Work on time. 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 as follows: (******) In addition, the Contractor shall compensate the Owner for actual engineering inspection and supervision costs and any other expenses and legal fees incurred by the Owner as a result of such delay. Such labor costs will be billed to the Contractor at actual costs, including administrative overhead costs. In the event that the Owner is required to commence any lawsuit in order to enforce any provision of this Contract or to seek redress for any breach thereof,the Owner shall be entitled to recover its costs, including reasonable attorney fees,from the Contractor. 1-08.11 Contractor's Plant and Equipment Section 1-08.11 is a new Section: (******) The Contractor alone shall at all times be responsible for the adequacy, efficiency, and sufficiency of his and his subcontractor's plant and equipment. The Owner shall have the right to make use of the Contractor's plant and equipment in the performance of any Work on the site of the Work. The use by the Owner of such plant and equipment shall be considered as extra Work and paid for accordingly. Neither the Owner nor the Engineer assumes any responsibility, at any time,for the security of the site from the time the Contractor's operations have commenced until final acceptance of the Work by the Engineer and the Owner. The Contractor shall employ such measures as additional fencing, barricades,and watchmen service,as he deems necessary for the public safety and for the protection of the site and his plant and equipment. The Owner will be provided keys for all fenced,secured areas. 1-08.12 Attention to Work Section 1-08.12 is a new section: (******) The Contractor shall give his personal attention to and shall supervise the Work to the end that it shall be prosecuted faithfully,and when he is not personally present on the Work site, he shall at all times be represented by a competent superintendent who shall have full authority to execute the same,and to supply materials, tools, and labor without delay, and who shall be the legal representative of the Contractor. The Contractor shall be liable for the faithful observance of any instructions delivered to 39 8!8/2018 him or to his authorized representative. 1-09 MEASUREMENT AND PAYMENT 1-09.1 Measurement of Quantities Section 1-09.1 is supplemented by adding 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 Drivers 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 Inspector at time of delivery of materials. Tickets not receipted by Inspector will not be honored for payment. Each truck shall be clearly numbered to the satisfaction of the Engineer and there shall be no duplication of numbers. Duplicate tickets shall be prepared to accompany each truckload of material delivered to the project. All tickets received that do not contain the following information will not be processed for payment: 1. Truck number 2. Truck tare weight(stamped at source) 3. Gross truckload weight in tons(stamped at source) 4. Net load weight(stamped at source) 5. Driver's name,date, and time of delivery 6. Location for delivery by street and stationing on each street 7. Place for the Engineer to acknowledge receipt 8. Pay item number 9. Contract number and/or name 40 8/8/2018 1-09.3 Scope of Payment Section 1-09.3 is supplemented by adding the following: (******) The bid items listed in Section 1-09.14 will be the only items for which compensation will be made for the Work described in each section of the Standard Specifications when the Contractor performs the specified Work. Should a bid item be listed in a "Payment" clause but not in the Proposal Form, and Work for that item is performed by the Contractor and the Work is not stated as included in or incidental to a pay item in the Contract and is not Work that would be required to complete the intent of the Contract per Section 1-04.1, then payment for that Work will be made as for Extra Work pursuant to a Change Order. The words "Bid Item," "Contract Item," and "Pay Item," and similar terms used throughout the Contract Documents are synonymous. 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 as follows: Owner has estimated and included in the proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of the Contractor's total bid. However,the Owner does not warrant expressly or by implication that the actual amount of Work will correspond with those estimates. Payment will be made on the basis of the amount of Work actually authorized by the Engineer. 1-09.7 Mobilization Section 1-09.7 is supplemented as follows: (******) Mobilization shall also include, but not be limited to, the following items: the movement of Contractor's personnel,equipment,supplies,and incidentals to the project site;the establishment of an office, buildings,and other facilities necessary for Work on the project; providing sanitary facilities for the Contractor's personnel;and obtaining permits or licenses required to complete the project not furnished by the Owner. This item shall also include providing the Engineer and the Inspectors with access to telephone, facsimile machine,and copy machine during all hours the Contractor is working on the jobsite; and a table and chair for their use when needed. Payment will be made for the following bid item(s): 41 8/8/2018 "Mobilization&Demobilization," Lump Sum. 1-09.9 Payments Delete the third paragraph and replace it with the following: (******) Progress payments for completed Work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction meeting. The initial progress estimate will be made not later than 30 days after the Contractor commences the Work,and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the Work are tentative, and made only for the purpose of determining progress payment. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of Work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form—the estimated percentage complete multiplied by the Bid Forms amount for each lump sum item,or per the schedule of values for that item. 3. Materials on Hand—100 percent of invoiced cost of material delivered to job site or other storage area approved by the Engineer. 4. Change Orders—entitlement for approved extra cost or completed extra Work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1-09.9(1); 2. The amount of Progress Payments previously made;and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for Work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any Work has been satisfactorily completed. Payments will be made by check or electronic transfer, issued by the Contracting Agency's fiscal officer, against the appropriate fund source for the project. Payments received on account of Work performed by a subcontractor are subject to the provisions of RCW 39.04.250. Section 1-09.9 is supplemented as follows: (******) 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. 42 8/8/2018 1-09.9(1) Retainage Section 1-09.9(1)is supplemented as follows: The retained amount shall be released as stated in the Standard Specifications if no claims have been filed against such funds as provided by law, and if the Owner has no unsatisfied claims against the Contractor. In the event claims are filed, the Owner shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims and to pay attorney's fees. In addition, the Owner shall withhold such amount as is required to satisfy any claims by the Owner against the Contractor,until such claims have been finally settled. Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if requested, delivers to the Owner a complete release of all liens arising out of this Contract,or receipts in full in lieu thereof,and,if required in either case,an affidavit that so far as the Contractor has knowledge or information,the release and receipts include all labor and materials for which a lien could be filed:but the Contractor may, if any subcontractor refuses to furnish a release or receipt in full,furnish a bond satisfactorily to the Engineer to indemnify the Owner against the lien. If any lien remains unsatisfied after all payments are made,the Contractor shall reimburse to the Owner all monies that the latter may be compelled to pay in discharging such lien, including all costs and reasonable engineer's and attorney's fees. Error! Bookmark not defined.1-09.9(2) Contracting Agency's Right to Withhold and Disburse Certain Amounts Section 1-09.9(2)is a new section: (******) In addition to monies retained pursuant to RCW 60.28 and subject to RCW 39.04.250, RCW 39.12 and RCW 39.76,the Contractor authorizes the Engineer to withhold progress payments due or deduct an amount from any payment or payments due the Contractor which, in the Engineer's opinion, may be necessary to cover the Contracting Agency's costs for or to remedy the following situations: 1. Damage to another contractor when there is evidence thereof and a claim has been filed. 2. Where the Contractor has not paid fees or charges to public authorities of municipalities,which the Contractor is obligated to pay. 3. Utilizing material tested and inspected by the Engineer,for purposes not connected with the Work(Section 1-05.6). 4. Landscape damage assessments per Section 1-07.16. 5. For overtime Work performed by City personnel per Section 1-08.1(4). 6. Anticipated or actual failure of the Contractor to complete the Work on time: a. Per Section 1-08.9 Liquidated Damages;or b. Lack of construction progress based upon the Engineer's review of the Contractor's approved progress schedule,which indicates the Work will not be complete within the contract time. When calculating an anticipated time overrun,the Engineer will make allowances for weather delays,approved unavoidable delays,and suspensions of the Work.The amount withheld under this subparagraph will be based upon the liquidated damages amount per day set forth in Contract Documents multiplied by the number of days the Contractor's approved progress schedule, in the opinion of the Engineer, indicates the Contract may exceed the Contract Time. 7. Failure of the Contractor to perform any of the Contractor's other obligations under the Contract, including but not limited to: a. Failure of the Contractor to provide the Engineer with a field office when required by the Contract Provisions. b. Failure of the Contractor to protect survey stakes, markers,etc.,or to provide adequate survey Work as required by Section 1-05.5. c. Failure of the Contractor to correct defective or unauthorized Work(Section 1-05.8). d. Failure of the Contractor to furnish a Manufacture's Certificate of Compliance in lieu of material testing and inspection as required by Section 1-06.3. e. Failure to submit weekly payrolls, Intent to Pay Prevailing Wage forms,or correct underpayment to employees of the Contractor or subcontractor of any tier as required by Section 1-07.9. 43 8/8/2018 f. Failure of the Contractor to pay worker's benefits(Title 50 and Title 51 RCW)as required by Section 1-07.10. g. Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08.3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this Section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency's intent to do so,and if prior to the expiration of the 15-calendar day period, 1. No legal action has commenced to resolve the validity of the claims,and 2. The Contractor has not protested such disbursement. A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this Section will be made. A payment made pursuant to this section shall be considered as payment made under the terms and conditions of the Contract. The Contracting Agency shall not be liable to the Contractor for such payment made in good faith. 1-09.9(3) Final Payment Section 1-09.9(2)is a new section: (******) Upon Acceptance of the Work by the Contracting Agency, the final amount to be paid the Contactor will be calculated based upon a Final Progress Estimate made by the Engineer. Acceptance by the Contractor of the final payment shall be and shall operate as a release: 1. To the Contracting Agency of all claims and all liabilities of the Contractor, other than claims in stated amounts as may be specifically excepted in writing by the Contractor; 2. For all things done or furnished in connection with the Work; 3. For every act and neglect by the Contracting Agency; and 4. For all other claims and liability relating to or arising out of the Work. A payment(monthly,final,retainage,or otherwise)shall not release the Contractor or the Contractor's Surety from any obligation required under the terms of the Contract Documents or the Contract Bond; nor shall such payment constitute a waiver of the Contracting Agency's ability to investigate and act upon findings of non-compliance with the WMBE requirements of the Contract; nor shall such payment preclude the Contracting Agency from recovering damages, setting penalties, or obtaining such other remedies as may be permitted by law. Before the Work will be accepted by the Contracting Agency, the Contractor shall submit an affidavit, on the form provided by the Engineer,of amounts paid to certified disadvantaged(DB),minority(MBE) or women business enterprises (WBE) participating in the Work. Such affidavit shall certify the amounts paid to the DB, MBE or WBE subcontractors regardless of tier. On federally funded projects the Contractor may also be required to execute and furnish the Contracting Agency an affidavit certifying that the Contractor has not extended any loans, gratuity or gift and money pursuant to Section 1-07.19 of these Specifications. If the Contractor fails,refuses,or is unable to sign and return the Final Progress Estimate or any other documents required for the final acceptance of the Contract,the Contracting Agency reserves the right to establish a completion date and unilaterally accept the Contract. Unilateral acceptance will occur only after the Contractor has been provided the opportunity, by written request from the Engineer,to voluntarily submit such documents. If voluntary compliance is not achieved,formal notification of the impending unilateral acceptance will be provided by certified letter from the Engineer to the Contractor that will provide 30 calendar days for the Contractor to submit the necessary documents. The 30-calendar day deadline shall begin on the date of the postmark of the certified letter from the Engineer requesting the necessary documents. This reservation by the Contracting Agency to unilaterally accept the Contract will apply to contracts that are completed in accordance with Section 1-08.5 for contracts that are terminated in accordance with Section 1-08.10. Unilateral acceptance of the Contract by the Contracting Agency does not in any way relieve the Contractor of the provisions under contract or of the responsibility to comply with all laws,ordinances,and federal,state,and local 44 8/8/2018 regulations that affect the Contract. The date the Contracting Agency unilaterally signs the Final Progress Estimate constitutes the final acceptance date(Section 1-05.12). 1-09.11 Disputes and Claims 1-09.11(2) Claims Paragraph 5 is revised as follows: (******) Failure to submit with the Final Application for Payment such information and details as described in this section for any claim shall operate as a waiver of the claims by the Contractor as provided in Section 1-09.9. 1-09.11(3) Time Limitations and Jurisdiction Paragraph 1,Sentence 1 is revised as follows: (******) ...such claims or causes of action shall be brought in the Superior Court of the county where the Work is performed. 1-09.13 Claims and Resolutions 1-09.13(3) Claims$250,000 or Less Delete this Section and replace it with the following: The Contractor and the Contracting Agency mutually agree that those claims that total $250,000 or less,submitted in accordance with Section 1-09.11 and not resolved by nonbonding ADR processes, shall be resolved through litigation, unless the parties mutually agree in writing to resolve the claim through binding arbitration. 1-09.13(3)A Administration of Arbitration Revise the third paragraph to read: (******) The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters are located. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(3)B Procedures to Pursue Arbitration Section 1-09.13(3)B is supplemented by adding: (******) The findings and decision of the board of arbitrators shall be final and binding on the parties, unless the aggrieved party,within 10 days,challenges the findings and decision by serving and filing a petition for review by the superior court of King County,Washington. The grounds for the petition for review are limited to showing that the findings and decision: 1. Are not responsive to the questions submitted; 2. Is contrary to the terms of the contract or any component thereof; 3. Is arbitrary and/or is not based upon the applicable facts and the law controlling the issues submitted to arbitration. The board of arbitrators shall support its decision by setting forth in writing their findings and conclusions based on the evidence adduced at any such hearing. The arbitration shall be conducted in accordance with the statutes of the State of Washington and court decisions governing such procedure. The costs of such arbitration shall be borne equally by the City and the Contractor unless it is the board's majority opinion that the Contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter case,all costs shall be borne by the Contractor. 45 8/8/2018 1-09.14 Payment Schedule Measurement and Payment Schedule for Bid Items in This Project Proposal Section 1-09.14 is a new section: (******) GENERAL 1-09.14(1) Scope Section 1-09.14(1)is a new section: (******) A. Payment for the various items of the bid sheets,as further specified herein,shall include all compensation to be received by the Contractor for furnishing all tools,equipment,supplies, and manufactured articles,and for all labor,operations,and incidentals appurtenant to the items of Work being described,as necessary to complete the various items of the Work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public agencies having jurisdiction,including Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedules,and all costs therefore shall be included in the prices named in the Bid Schedules for the various appurtenant items of Work. B. The Owner shall not pay for material quantities,which exceed the actual measured amount used and approved by the Engineer. C. It is the intention of these Specifications that the performance of all Work under the bid for each item shall result in the complete construction,in an accepted operating condition,of each item. Work and material not specifically listed in the proposal but required in the Plans, Specifications,and general construction practice,shall be 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: (******) 46 8/8/2018 1-09.14(2)A Mobilization and Demobilization (Bid Item 01) Section 1-09.14(2)A is a new section: (******) Measurement for"Mobilization and Demobilization"shall be lump sum.The lump sum price shown shall 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; providing and maintaining all necessary support facilities and utilities; obtaining all necessary permits, licenses, bonds,and insurance; preparing all necessary submittals; preparing the site for construction operations; maintaining the site and surrounding areas during construction; providing protection of existing utilities;and conducting final clean-up of the site,all in conformance with the Contract Documents. Payment for mobilization will be made at the lump sum amount bid(NOT to exceed 80%of bid item price prior to completion of construction) based on the percent of completed Work as defined in the Standard Specifications for Road, Bridge,and Municipal Construction(WSDOT)for mobilization. Payment for the remaining 20%(demobilization) will be made upon completion and final clean up of the construction site. Bid Item 01 may not be more than ten percent(10%)of the total amount of the Bid. 1-09.14(2)6 Minor Change(Bid Item 02) Section 1-09.14(2)B is a new section: (******) Measurement and Payment for"Minor Change"will be as described in Section 1-09.6 for Force Account. 1-09.14(2)C Construction Surveying,Staking,and As-Builts(Bid Item 03) Section 1-09.14(2)C is a new section: (******) Measurement for"Construction Surveying,Staking,and As-Builts"shall be Lump Sum.The lump sum price shown shall cover the complete cost of:verifying and expanding the project control network provided by the Owner;staking proposed manhole locations; measuring top of pipe elevations at connection points; measuring final pipe elevations prior to backfill;staking original grades to guide backfill activities,and providing settlement monitoring prior to,during, and after excavation and backfill activities. Payment for"Construction Surveying,Staking, and As-Builts"will be based on the percentage of total Work complete, by dollar value,at the time of measurement. 1-09.14(2)D Excavation Safety Systems(Bid Item 04) Section 1-09.14(2)D is a new section: (******) 47 8/8/2018 Measurement for"Excavation Safety Systems"shall be lump sum.The lump sum price will be complete compensation for all labor, materials, hauling,planning,design,engineering, submittals and equipment necessary to furnish, install, remove and dispose adequate shoring and support for all excavations to provide safe access for workers, prevent soil sloughing,soil loss,damage to pavement,structures, utilities,and ground adjacent to the excavation. "Excavation Safety Systems"shall comply with OSHA, RCW Chapter 49.17 and these Contract Documents.The Contractor shall be responsible at all times for the inspections,safety, maintenance,and adequacy of the"Excavation Safety Systems." Payment for"Excavation Safety Systems"will be based on the percentage of total Work complete, by dollar value,at the time of measurement. 1-09.14(2)E Temporary Manhole and Installation (Bid Item 05) Section 1-09.14(2)E is a new section: Measurement for"Temporary Manhole and Installation"shall be per Each.The per Each price will be complete compensation for all labor, materials,equipment, manufacture of one temporary access manhole, hauling, provision of silt curtain, excavation, pipe liquid level monitoring, bypass pumping,transportation of City/Engineer/Assistant/Inspector to and from working platforms, placement and pipe connection of the manhole, pipe, fittings,joint restraints,salvage of the removed pipe segment to the City shops, removal of the manhole, placement of a new segment of DI pipe,disposal of excess excavation soil, backfill, blasting/painting the access tube after construction,and return of the access manhole to the City shops.All items of Work not specifically described in the other bid items shall be included in this bid item. In addition to providing a per Each price for this work,the Contractor shall also identify the number of work days allocated for excavation, installation,and removal of the temporary manhole,to establish a basis for measurement of Bid Item 06, Manhole Installation, Extra Days. Payment for"Temporary Manhole and Installation"will be at the per Each amount bid. 1-09.14(2)F Manhole Installation, Extra Days(Bid Item 06) Section 1-09.14(2)F is a new section: (******) Measurement for"Manhole Installation, Extra Days"shall be per Each.The per Each price will be complete compensation for all extra days of labor, materials,equipment, excavation, pipe/pipe connections, pipe/manhole connections,and other necessary work to complete that Work described in Bid Item 05. Payment for"Manhole Installation, Extra Days"will be for each additional day of work beyond the allocation made for Bid Item 05, "Temporary Manhole and Installation." 1-09.14(2)G Pipe Cleaning(Bid Item 07) Section 1-09.14(2)G is a new section: (******) 48 8/8/2018 Measurement for"Pipe Cleaning"shall be per Day.The per Day price will be complete compensation for all labor,equipment, materials,cleaning, root cutting, internal removal of protruding laterals, removal of hanging gaskets,tankage,transportation, manufacture and installation of a rock catcher at the downstream pump station,daily cleaning of the rock catcher,decanting of sewer liquids to the City's sewer system,and disposal of sewer solids to an approved upland disposal site. Payment for"Pipe Cleaning"will be for each Day of actual pipe cleaning activities. 1-09.14(2)H Sewer Pipe Inspection by CCTV(Bid Item 08) Section 1-09.14(2)H is a new section: (******) Measurement for"Sewer Pipe Inspection by CCTV"will be per Day.The per Day price will be complete compensation for all labor,equipment, materials for both pre-and post- cleaning CCTV inspection, provision of record DVDs and report to the Engineer required to complete the Work in accordance with the Contract Documents. Atmospheric testing for manhole access shall be incidental to this Bid item. Payment for"Sewer Pipe Inspection by CCTV"will be for each Day of actual pipe inspection activities. 1-09.14(2)1 Spawning Gravel(Bid Item 09) Section 1-09.14(2)1 is a new section: (******) Measurement for"Spawning Gravel"will be per Ton.The per Ton price will be complete compensation for all labor,equipment,and materials necessary for the placement of a 6- inch layer of spawning gravel across the full limits of each temporary manhole work area and fine grading to return the areas to their original grade. Payment for"Spawning Gravel"will be for each Ton of gravel placed,according to certified weight tickets. 1-09.14(2)1 Bulkhead/Rockery Repair(Bid Item 10) Section 1-09.14(2)J is a new section: (******) Measurement for"Bulkhead/Rockery Repair"shall be per Day.The per Day price will be complete compensation for all labor,equipment,and materials to reconstruct bulkheads/rockeries that have settled as a result of adjacent pipe and/or manhole excavation. Measurement shall be for each Day of structural restoration work for the rockeries.Work to restore landscaping upland of a restored bulkhead/rockery shall be incidental to the Days of structural repair. Payment for"Bulkhead/Rockery Repair"will be for each day of structural reconstruction of a rockery/bulkhead. 49 8/8/2018 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 City's surveyor will provide two reference points in the immediate vicinity of each new manhole installation site. The source of the coordinate values used will be shown on the survey drawing per RCW 58.09.070. The horizontal component of all surveys shall meet or exceed the closure requirements of WAC 332- 130-060. The control base lines for all surveys shall meet or exceed the requirements for a Class A survey revealed in Table 2 of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys jointly established and adopted by ALTA and ACSM in 1992 or comparable classification in future editions of said document. The angular and linear closure and precision ratio of traverses used for survey control shall be revealed on the face of the survey drawing, as shall the method of adjustment. The horizontal component of the control system for surveys using global positioning system methodology shall exhibit at least 1 part in 50,000 precision in line length dependent error analysis at a 95 percent confidence level and performed pursuant to Federal Geodetic Control Subcommittee Standards for GPS control surveys as defined in Geometric Geodetic Accuracy Standards & Specifications for Using GPS Relative Positioning Techniques dated August 1, 1989, or comparable classification in future editions of said document. The vertical component of all surveys shall be based on NAVD 1988, the North American Vertical Datum of 1988, and tied to at least one of the City of Renton Survey Control Network benchmarks. If there are two such benchmarks within 3000 feet of the project site a tie to both shall be made. The benchmark(s)used will be shown on the drawing. If a City of Renton benchmark does not exist within 3000 feet of a project,one must be set on or near the project in a permanent manner that will remain intact throughout the duration of the project. Source of elevations(benchmark)will be shown on the drawing,as well as a description of any benchmarks established. 1-11.1(4) Field Notes Field notes shall be kept in conventional format in a standard bound field book with waterproof pages. In cases where an electronic data collector is used field notes must also be kept with a sketch and 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 50 8/8/2018 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(7) Precision Levels Vertical Surveys for the establishment of benchmarks shall satisfy all applicable requirements of Sections 1-05 and 1-11.1. Vertical surveys for the establishment of benchmarks shall meet or exceed the standards, Specifications and procedures of third order elevation accuracy established by the Federal Geodetic Control Committee. Benchmarks must possess both permanence and vertical stability. Descriptions of benchmarks must be complete to insure both recoverability and positive identification on recovery. 1-11.1(8) Radial and Station--Offset Topography Topographic surveys shall satisfy all applicable requirements of Section 1-11.1 herein. All points occupied or back sighted in developing radial topography or establishing baselines for station-offset topography shall meet the requirements of Section 1-11.1 herein. The drawing and electronic listing requirements set forth in Section 1-11.1 herein shall be observed for all topographic surveys. 1-11.1(9) Radial Topography Elevations for the points occupied or back sighted in a radial topographic survey shall be determined either by, 1) spirit leveling with misclosure not to exceed 0.1 feet or Federal Geodetic Control Committee third order elevation accuracy Specifications, OR 2)trigonometric leveling with elevation differences determined in at least two directions for each point and with misclosure of the circuit not to exceed 0.1 feet. 1-11.1(10) Station—Offset Topography Elevations of the baseline and topographic points shall be determined by spirit leveling and shall satisfy Federal Geodetic Control Committee Specifications as to the turn points and shall not exceed 0.1 foot's error as to side shots. 1-11.1(11) As-Built Survey All improvements required to be"as-built" (post construction survey) per City of Renton Codes,TITLE 4 Building Regulations and TITLE 9 Public Ways and Property, must be located both horizontally and vertically by a Radial survey or by a Station offset survey. The"as-built"survey must be based on the same base line or control survey used for the construction staking survey for the improvements being "as-built". The "as-built" survey for all subsurface improvements should occur prior to backfilling. Close cooperation between the installing Contractor and the "as-builting" surveyor is therefore required. All "as-built" surveys shall satisfy the requirements of Section 1-11.1(1) herein, and shall be based upon control or base line surveys made in conformance with these Specifications. The field notes for"as-built" shall meet the requirements of Section 1-11.1(4) herein, and submitted with stamped and signed"as-built"drawings which includes a statement certifying the accuracy of the "as-built". 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)—Settlement Monitoring The Contractor shall conduct a settlement monitoring program for facilities adjacent to the each of the two temporary manhole locations.The same points shall be measured each day 51 8/8/2018 indicated. Points in grass or landscaping can be marked with hub and tack to be removed at the conclusion of the monitoring program. Hard surfaces such as bulkheads or docks can be marked with a non-permanent marker or by reference to a distinct point on the surface. Measurements shall be made to the nearest 0.01 feet and reported to the Engineer the day after they are made.All measurements shall be made relative to a fixed reference point in the road east of houses,to avoid the possibility of errors resulting from the settlement of the reference points themselves.Note the time of day at which the survey is made. The Contractor's surveyor shall measure the following items at the listed times: i. Bulkheads,at 5 locations centered on the point adjacent to the manhole. ii. Ten feet upland of the bulkheads at five points adjacent to those on the bulkhead. iii. Docks,at 10 foot spacing for all edges of docks within 50 feet of the limits of excavation. iv. Measure prior to any excavation,once each day on which the temporary manhole is in place,the first day after backfill is complete and seven days after the backfill is complete. 1 DIVISION 2 EARTHWORK 2-01 CLEARING,GRUBBING,AND ROADSIDE CLEANUP 2-01.1 Description Section 2-01.1 is supplemented as follows: (******) 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 of the Standard Specifications,these Special Provisions,and the Plans. The Contractor shall receive approval from the Engineer prior to removal. 2-01.2 Disposal of Usable Material and Debris Section 2-01.2 is supplemented as follows: (******) The Contractor shall dispose of all debris by Disposal Method No. 2—Waste Site. —Revised by Addendum No.1 52 8/8/2018 2-02 REMOVAL OF STRUCTURE AND OBSTRUCTIONS 2-06 SUBGRADE PREPARATION 2-06.5 Measurement and Payment Section 2-06.5 is supplemented by adding 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 by adding 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 as follows: (******) The second paragraph is 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 replaced with: If the Contract includes structure excavation,Class A or B, including haul,the unit contract price shall include all costs for loading and hauling the material the full required distance, otherwise all such disposal costs shall be considered incidental to the Work. 2-09.4 Measurement Section 2-09.4 is revised and supplemented as follows: 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 as follows: (******) 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 53 8/8/2018 the Contracting Agency, shall replace such material with concrete or other material the Engineer approves.The unit contract price per cubic yard for the bid items listed as 1 through 4 above shall be full pay for all labor, materials, tools, equipment, and pumping, or shall be included in the unit bid price of other items of Work if"Structure Excavation"or"Structure Excavation Incl Haul"are not listed as pay items in the Contract. "Shoring or Extra Excavation Class B", per square foot. The unit contract price per square foot shall be full pay for all excavation, backfill, compaction, and other Work required when extra excavation is used in lieu of constructing shoring. If select backfill material is required for backfilling within the limits of the structure excavation,it shall also be required as backfill material for the extra excavation at the Contractor's expense. Any excavation or 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. "Controlled Density Fill",per cubic yard. When gravel backfill is paid by the ton, the Contractor shall take care to assure to the satisfaction of the Engineer that such per ton backfill is only being used for the specified purpose and not for purposes where backfill is incidental or being paid by cubic yard. Evidence that per ton gravel backfill is not being used for its designated purpose shall be grounds for the Engineer to deny payment for such load tickets. DIVISION 7 DRAINAGE STRUCTURES,STORM SEWERS, SANITARY SEWERS,WATER MAINS, AND CONDUITS 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 by adding 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 . The 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 by adding the following: (******) 54 8/8/2018 Pipe bedding for PVC sewer pipe shall consist of clean,granular pea gravel consistent with Section 9- 03.12(3). It shall be placed to a depth of 6"over and 6"under the exterior walls of the pipe. For all pipe bedding, hand compaction of the bedding materials under the pipe haunches will 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. Pipe bedding material should be used as pipe zone backfill and placed in layers and tamped around the pipes to obtain complete contact. 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. 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 placed in maximum 12-inch lifts. Foundation gravel shall be CSBC and conform to the requirements of Section 9-03.9(3)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)B Pipe Laying—General Section 7-08.3(2)B is supplemented by adding 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. 55 8/8/2018 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 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 Immediately after the pipe joints have been made, proper gasket placement shall be checked with a feeler gage as approved by the pipe manufacturer to verify proper gasket placement. 7-08.3(2)E Rubber Gasketed Joints Section 7-08.3(2)E is supplemented as follows: (******) Care shall be taken by the Contractor to avoid over pushing 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 by adding 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). Connections(unless booted connections have been provided for)to existing concrete manholes shall be per Section 7-05.3(3). 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 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. 56 8/8/2018 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. Contactor shall take special care to obtain good compaction up to the edges of the excavation as the shoring is removed in accordance with the Shoring Plan. 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. The Contractor shall be responsible for the disposal of any excess excavated material.Special care must be taken to obtain good compaction up to the edges of the excavation as the shoring is removed. Moreover,attention must be paid to ensuring good compaction around manholes. 7-17 SANITARY SEWERS Error! Bookmark not defined.7-17.2 Materials Section 7-17.2 is replaced with the following: (******) Pipe Gravity sewer pipe shall be as specified herein and as shown on the Plans. The Contractor shall provide two 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. All pipe shall be clearly marked with type,class,and thickness. Lettering shall be legible and permanent under normal conditions of handling and storage. Error! Bookmark not defined.7-17.3 Construction Requirements 7-17.3(1) Protection of Existing Sewerage Facilities Section 7-17.3(1)is supplemented by adding the following: (******) During temporary manhole installation and removal,the downstream system shall be protected from construction debris by first excavating at least one foot beyond/below the location of planned cuts in the sewer main.Second,the Contractor shall have a thin metal plate they can place in the cut line of the sewer before they remove the adjacent pipe segment that will prevent a large inrush of water that may carry sediments with it.Third,as shown on the plans,a temporary end cap configured for bypass sewer pumping shall be fitted to the existing pipe ends adjacent to the work area. During pipe cleaning operations,the contractor shall construct and install a rock catching basket at the pipe inlet to the downstream Lake Washington Lift Station No. 2. The basket shall consist of a five sided box or circular barrel with a bottom and numerous perforations of Y inch.The rock catcher shall be hung from the surface or placed on the bottom of the wet well such that rocks and gravel over 1/2" are trapped in the basket and cannot reach the sewage pumps.The Contractor shall check and clean the basket every day during which pipeline cleaning operations are under way.Solids shall be disposed of to an approved upland disposal area. Wash water may be drained to the lift station wet well. Contractor shall design and submit their proposed configuration of the rock catcher. 57 8/8/2018 7-20 TEMPORARY MANHOLES 7-20.1 Description The Work shall be conducted on the water,and no land access is available at the manhole installation sites.The Contractor shall perform the Work so as to minimize impacts on boat traffic in Lake Washington. 7-20.2 Materials The temporary cleaning manhole shall be as shown on the contract drawings.The drawings indicate a pipe across the manhole near the crown of the sewer pipes.This is optional and may be configured differently at the Contractor's option. It is intended to create a radius for hoses and cables leaving the manhole.Contractor to propose and submit a sketch of the proposed configuration. After completion of cleaning from the temporary manhole,the Contractor shall have the access manhole sandblasted and coated with a rust inhibiting coating.The coating shall be Tnemec V10 in color 1009 Grey,Sherwin Williams Industrial Pro-Cryl Universal Acrylic Primer in color grey, or approved equal. Blasting and surface prep shall conform to the coating manufacturer's written recommendations. Spawning gravel for top dressing of backfilled areas shall meet the requirements of Section 9-03.11, Streambed Aggregates,and 9.03.11(1)Streambed Sediment. 7-20.3 Construction Requirements 7-20.3(1)Protection of Water Quality Dredging operations shall be conducted at all times in such a manner as to cause little or no siltation to adjacent waters. Dredging, pipe laying and trench bedding and backfill operations shall be enclosed by a floating sedimentation curtain to contain suspended sediments.The Contractor shall inspect sedimentation and turbidity control measures and facilities daily and maintain the system as necessary to prevent off-site migration of turbidity.Silt curtains shall be placed in the water as continuous loops,folded flat.They shall be expanded slowly to surround the work area in such a way that any fish inside the work area are kept on the outside of the silt curtain.' The Work involves cutting a free-draining, live sewer underwater.The Contractor shall provide all labor,equipment,and materials necessary for diver protection,to protect the pipelines from excessive inflow rates and the passage of solids into the pipeline,and to protect the Lake from sanitary sewer discharge. Until the segment of pipe to be replaced is removed,this shall be accomplished with the use of a metal plate placed in the alignment of the upstream and downstream cut. Between the time the segment of pipe to be replaced is removed and the time of connection of the new pipeline, both the upstream and downstream existing pipes shall be fitted with a tapped mechanical end cap as shown on the drawings. Inflatable or mechanical plugs fitting inside of the pipe will not be allowed except for inside the temporary manholes during connection of the adjacent pipes to the existing system. Prevent the passage of all sand,gravel,and cobbles. The Contractor shall monitor the liquid level in the upstream sewer system and maintain that level below the level of the lake. Provide one operating pump and one standby pump with connecting ' Revised by Addendum No.1 58 818/2018 piping and fittings to achieve the required liquid level.The upstream/suction side of the bypass pumping operation shall be equipped with a mechanism to observe the liquid level relative to the lake level.This shall be accomplished either with translucent suction piping,or with an additional fitting with a clear riser tube extended above lake level.At least hourly or as requested by the Engineer,the Contractor shall vent the suction pipe to atmospheric condition, measure the liquid level in the pipe relative to the lake level, report the measurement to the Engineer,and pump down liquid levels exceeding lake level. During dredging/excavation,any discharge of oil,fuel,or chemicals into state waters,or onto land with a potential for entry into state waters, is prohibited. Fuel hoses,oil drums,oil or fuel transfer valves and fittings,etc.on construction equipment shall be checked regularly for drips or leaks,and shall be maintained and stored properly to prevent spills into state waters. Proper security shall be maintained to prevent vandalism. In the event of a discharge of oil,fuel,or chemicals into state waters,or onto land with a potential for entry into state waters,containment and cleanup efforts shall begin immediately and be completed as soon as possible,taking precedence over normal work. Cleanup shall include proper disposal of any spilled material and used cleanup materials.Spills into state water,spills onto land with a potential for entry into state water,or other significant water quality impacts,shall be reported immediately to the Engineer. The Engineer shall immediately notify the Department of Ecology's Northwest Regional Office at(425)649-7000(a 24-hour number). The Engineer will conduct a turbidity testing program during the course of the Work and will immediately advise the Contractor of any results not in compliance with applicable water quality regulations. 7-20.3(2)Aquatic Plant Material The Contractor shall be responsible for removal of any aquatic plant material required to conduct the Work.The Contractor shall dispose of removed plant material in compliance with all applicable laws and regulations. 7-20.3(3)Excavation and Shoring The Contractor shall excavate the dredge areas to the lines,grades,and elevations shown on the Contract Drawings or as determined in the field by the engineer after the Contractor measures the top of pipe elevations at the points of connection. Excavation support systems are required at the following locations: 1. All excavations greater than 4 feet deep. 2. Sewer pipelines and manholes. 3. Adjacent to existing structures, bulkheads,rockeries,utilities,and other sensitive features. 4. Where required by Washington State Department of Labor and Industries regulations, specifically,WAC 296-155—Part N, Excavation,Trenching,and Shoring. 5. At any other location where personnel are at risk in connection with any construction work below the ground or lakebed level. 6. At other points where excavation could cause displacement or pressure changes which could damage existing structures or utilities. 59 8/8/2018 The Contractor is solely responsible for the following items: 1. Design, planning,furnishing materials,construction, maintenance,and removal of the excavation support system as defined herein. 2. The safety of workers,the protection of adjacent structures,property and utilities,and the installation of adequate supports for all excavations. 3. Costs for any and all damages resulting from construction activities. 4. All submittals and permits required herein. • 5. The Contractor shall notify the Engineer immediately in writing of any conditions that occur during construction,which may affect the safety of personnel,the Owner's cost, or the schedule of the project. 6. Monitoring of surrounding ground movement resulting from the excavation support system and construction activities. Dredged materials shall be placed outside of the excavation or shoring system but within the silt curtain.The Contractor shall pay particular attention to minimizing turbidity and siltation and adherence to water quality requirements. Dredged material shall not be allowed to accumulate against the shoring system unless the loads imposed are within the capacity of the shoring system. The removal and disposal of minor obstructions shall be anticipated and accomplished,even though not shown or specifically mentioned on the Plans or Specifications. Unexpected objects,such as abandoned pipe,stumps,boulders,concrete debris,I-beams,etc.encountered in the trench excavation shall be removed and disposed of by the Contractor. Removal of unexpected objects will be considered incidental to pipe installation unless the object cannot be removed by the same equipment at hand or the trench width or depth must be increased by 2 feet or more to facilitate removal. Major obstructions encountered that are not shown on the Drawings,or could not have been foreseen by visual inspection of the site prior to bidding,should be immediately brought to the attention of the Engineer. The Engineer will make a determination for proceeding with the work. The Contractor shall be responsible for removal of any excess material from excavation. The Contractor shall be responsible for compliance with all laws governing the storage and ultimate disposal of all materials and components.The Contractor shall provide City with a copy of all manifests and receipts evidencing proper disposal when required by City or applicable law. 7-20.3(4) Flow Management It shall be the Contractor's responsibility to maintain operation of the existing sewer system throughout the duration of the project without any interruption of sewer service. The Contractor shall divert all flows around each segment of the pipe subject to cutting, blocking, or removal/replacement.After the work is completed,flow shall be returned to the rehabilitated sewer system. The area affected by the bypass operation shall be fully restored. Bypass pumping shall be scheduled for continuous operation, should that be necessary to maintain liquid levels in the upstream piping. 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 discharge of raw sewage to the lake or onto public or private property is prohibited. The Contractor shall be liable for all cleanup, damages, and resultant fines should the Contractor's operation cause any backups or overflows. 60 8/8/2018 All bypassing systems shall be approved by the Engineer. A plan for bypassing the existing sewer system shall be submitted by the Contractor for review. The Contractor's plan for bypass pumping shall be satisfactory to the Owner before the Contractor will be allowed to commence bypass pumping. The sewage bypass pumping plan shall include an emergency response plan to be followed 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 his responsibility and public liability. The Contractor shall coordinate activities with impacted property owners. Property Owners shall be notified that their side sewer will be out of service for a specified period of time, as approved by the Engineer. 7-20.3(5)Protection of Existing Facilities The Contractor shall take necessary precautions to prevent damage to existing facilities, such as docks,floats, piers, bulkheads, boat lifts,diving boards,or any other facility.Any facility, which during the course of work, is damaged or becomes a hazard to use due to the Contractor's actions, shall be restored to their original condition. The Contractor shall take preconstruction photographs of all facilities and structures in the vicinity of their work,with special attention to the items in the previous paragraph.The photos shall be minimum 5MB,and individually labeled with site address upon which the facility is located.The purpose of the photographs is to establish preconstruction condition and allow comparison to post construction conditions.A minimum of 20 photographs shall be taken at each work site, including cleaning locations.Submit the photographs to the Engineer for review in electronic format before the mobilization of equipment to the first work site.' Repair of rock bulkheads shall be per Section 8-24 Rock and Gravity Block Wall an Gabion Cribbing. Generally, reuse existing rock materials except as needed to replace lower courses of the bulkhead to offset settlement. During cleaning operations,the Contractor shall provide a staff member to monitor liquid levels in Lake Washington Lift Station No.2.At the end of the first pumping cycle following any cleaning operation,the crew member shall probe the wet well floor with a rod to determine the depth and approximate size of any solids accumulating there.Should grit,sand,or gravel smaller than would be collected by the temporary basket be found to accumulating,the Contractor shall provide a vactor truck to remove the solids the next working day.Thereafter,a vactor truck shall be used at several intervals during each day to vactor solids off the wet well floor.City staff will be present for the first two days or possibly longer to assist with developing procedures and setting frequencies for such cleaning.The Contractor shall assume a vactor truck or trailer is needed full time,with appropriate staffing.' 7-20.3(6)Installation of Submerged Temporary Manhole As indicated on the drawings,the Contractor shall expose and measure the top of pipe elevation at the upstream and downstream connection points prior to cutting the pipe. Report the elevations to the Engineer,who will calculate the required subgrade elevation for the manhole.The Contractor shall support the existing sewer pipe in the excavation area until it is time to remove that pipe.All excavation for manhole installation shall be completed while the pipe is supported and prior to ' Revised by Addendum No.1 61 818/2018 cutting any sewer pipes.When the Contractor is ready to cut the pipes and and install the manhole, they shall ensure they have all of the relevant pipe spools,fittings,appropriately sized gaskets and all tools and equipment needed to complete the manhole installation in a single day.When the upstream and downstream pipe cuts are made, priority shall be given to protecting water quality and ensuring sediments do not enter the pipelines,as described in 7-20.3(1)and 7-20.3(4).The manhole shall be placed upright on the prepared subgrade and evenly anchored amongst the ecology blocks.The manhole shall be fully anchored and checked for plumb prior to making any connections to existing piping. Inflatable plugs shall be placed in each manhole pipe stub from inside the manhole so that lake water can be pumped from the manhole prior to pipe connections being made. Complete the pipe connections reestablish sewage flow in the same day as the existing sewer pipes were initially cut.The lake line shall be made operational at the end of each work day. The Contractor shall remove the existing pipe between the points of connection on either side of the temporary manhole.The pipe segment shall placed on one of the work barges where the Engineer will identify subsections of the pipe for subsequent testing under another contract.The Contractor shall cut the pipe to the indicated lengths.The sections shall be double wrapped in heavy plastic and placed in a shipping crate with wood or foam supports to limit shifting.The crates shall be sufficient for long distance shipping. Each crate shall be labeled "Pipe Sample No.X, Kennydale Sewer Lake Line."The packaged sections shall be delivered to the City's maintenance shops.Six pipe samples are to be collected,three from each temporary manhole site.Sections are to be one-two feet in length.' 7-21 CLEANING OF EXISTING SANITARY SEWER(New Section) (******) Section 7-21 shall be added as a new section. 7-21.1 Description This Work consists of cleaning,removing,and disposing of all debris and obstructions from existing sanitary sewer pipes, manholes, and pump station wet wells within the limits of the project.The cleaning work shall utilize the sewer access points listed on the drawings,which include upland access points,the two temporary manhole locations(#4 and#5)and three existing in-water manholes,for which temporary access risers are available. 7-21.2 Vacant 7-21.3 Construction Requirements 7-21.3(1)Access Tube Installation Contractors shall at all times conduct its Work to prevent any blockage and minimize surcharging in the sewer manholes and connecting sewer pipelines. Damage to existing facilities as a result of Contractor's Work shall be promptly repaired at Contractor's expense. The three existing manholes on the Kennydale Lakeline are accessed from Lake Washington.These permanent manholes are accessed via one or more removable aluminum access tubes. i Revised by Addendum No.1 62 8/8/2018 The Contractor shall be responsible for providing all equipment and personnel to transport and install the access tubes.Access tube bases and risers are currently held at King County Wastewater Treatment Division's Duwamish Pump Station (4501 East Marginal Way South).The Contractor shall coordinate with the City and Engineer to retrieve and return the access tubes from/to the County. The Contractor shall provide new gasket material for each base section and riser section joints.The Contractor shall provide load binders and any connecting bolts/hardware for the access tubes that are not provided with the access tubes. The following caisson equipment will be made available for the Contractor's use: 1-54" Base Section 1-132" Base Section 8-48" Riser Sections The access tubes shall be bolted together with a sufficient number of extensions and gaskets to provide a minimum height of two feet above the lake surface when the bottom of the access tube is resting on the manhole's seating ring. The Contractor shall provide and install a new gasket in the base of the access tube replacing any gasket that may be in place.The gasket shall be as described on Drawing No. 6, Notes 7 and 9. For the three existing in-water manholes,the Contractor shall replace the gaskets in the stainless steel lid prior to the final installation of the manhole lid. For the three existing in-water manholes,the Contractor shall install new marker buoys. The buoys shall be approximately one foot in diameter,colored orange,and attached to the anchor provided on the side of the manhole with 1/8-inch stainless steel cable.Cable ends should be swaged and attached at either end with locking rings.' The access tube must be placed on a clean manhole seating ring and secured to the manhole anchors with load binders. The water in the access tube shall be pumped down below lake level and the access tube checked for any infiltration. If the water level rises,then check the assembly bolts for tightness and readjust the tension on the load binders. If the water level in the access tube remains constant it may then be pumped down completely.The Contractors shall have operable backup pumps on site at all times.The access tube shall be kept dry at all times. The installed access tubes shall not be left unattended at any time.Access tubes shall not be left on the manholes overnight or outside of working hours. After the work has been performed from with the access tube,the manhole cover shall be replaced and secured. Pump lake water into the shaft back to the lake level and remove the load binders. Remove the access tube using care not to damage the manhole or access tube in any way. ' Revised by Addendum No.1 63 8/8/2018 All King County Metro equipment shall be cleaned with high pressure water blast and returned to the Duwamish Pump Station within five(5)days following completion of the Kennydale Lakeline cleaning and inspection. 7-21.3(2)Cleaning of Sewer Lakeline The Contractor shall clean the existing and new segments of sewer main for the complete length from the Flush Station to Lake Washington Lift Station No.2. Utilize high pressure water jets with industry-standard equipment and collect displaced solids by vactoring. Laterals will not be cleaned as part of this project. The cleaning process shall minimize the length the work extents from each access point to reduce pulling and frictional forces involved. Cleaning shall remove all sediment, rocks,debris, roots,grease accumulations,obstructions, and all other solids from the sewer line and structures to be cleaned. Cleaning of the sewer and structure interior surfaces shall remove all grease,scale,and encrustation. Contractor shall take appropriate measures to prevent sediments from cleaning operations being deposited in the downstream sewer main. 1. Sedimentation deposited downstream,as determined by the Engineer,shall be removed at no additional cost to Owner. 2. Contractor shall be thoroughly familiar with all phases of sewer and structure cleaning for the completion of this Contract without causing a health hazard or damage to the sewage system,public and private properties. Prior to September 3, 2018,cleaning from the existing upland access point at Kennydale Beach Park shall occur only between the hours of 7am and 11am.After September 3,2018, no such time restriction exists.1 No more than 24 hours may elapse between the completion of sewer cleaning operations and commencement of the subsequent CCTV inspection.See Section 7-22. No chemicals shall be used without written approval of Engineer. In no case shall any chemical additive be used which might be considered hazardous,or might be considered detrimental to organisms or equipment of a wastewater treatment plant,or detrimental to old or new pipe materials. Vactoring operations,either with truck or trailer based equipment,shall have the liquid portions decanted,which may be discharged to the Lake Washington Lift Station No. 2 at at rate of up to 150 gallons per minute.This rate is somewhat less than the peak capacity of the lift station in order to account for existing system use during decanting operations. If at any time during discharge of sewage to the lift station,the lift station is unable to keep up with this discharge rate, reduce the discharge rate and report the problem to the Engineer.The contractor shall baffle the outlets of the storage tanks,or if using hoses to decant,shall pull from the mid depth of the tank so as to limit the transport of grit,sand,or floating grease.' ' Revised by Addendum No.1 64 8/8/2018 Anv tank containing sewage or sewage solids shall be covered to limit odors.' 7-21.3(3)Disposal of Sediments Contractor shall be responsible for transporting and disposing, including all disposal fees,of any sediments and material removed from the sewer or structures. All sediment and debris removed from the sewer shall be disposed off-site in a lawful manner at an appropriate waste facility. 1. Hauling containers shall be watertight. 2. On-site stockpiling of removed material will not be permitted. Contractor is responsible for obtaining all necessary permits,fees,and approval from all regulatory agencies required to perform the Work,including transport of sediments and testing. 7-22 CCTV INSPECTION OF SEWER PIPELINES(NEW SECTION) Section 7-22 to be added as a new section. (******) 7-22.1 Description The Work consists of internal television inspection of existing sewer pipelines before and after cleaning of the existing pipe. 7-22.2 Vacant 7-22.3 Construction Requirements 7-22.3(1)Submittal Requirements Prior to commencement of work,submit an example of this work consisting of 1 DVD or CD of previous sewer inspection work complete with audio commentary and inspection log(s).The submitted DVD or CD shall show operational and structural defects in sewers that are of the same size as the sewers in this project.The video footage and inspection logs will be reviewed to determine if the quality of the CCTV image is acceptable and if defects were properly identified and documented.Samples shall be with the same camera and lighting equipment proposed for the work.Contractor shall be responsible for modifications to his equipment and/or inspection procedures to achieve report material of acceptable quality. No work shall commence prior to approval of the material by the Engineer.Once accepted,the report material shall serve as a standard for the remaining work.The video footage shall be on a medium that is not re-recordable. Contractor shall maintain a copy of all inspection documentation(DVDs/CDs,databases, and logs) for the duration of the work and warranty period. After completing work,Contractor shall submit to Engineer: 1. 1 copy of the finished DVDs/CDs with a separate DVD/CD for each of the existing sewer pipelines after cleaning. a. The Engineer will review the video footage, not for accuracy of content, but to make sure that the required information is provided and the recording is of acceptable quality. 65 8/8/2018 b. If the Engineer determines that the DVD is defective or not of adequate quality,the Contractor shall CCTV inspect again at the Contractor's expense. 2. 1 copy of the finished DVDs/CDs including the CCTV inspection database meeting the following requirements: a. Digital video format capabilities and requirements: i. Digital video files(Inspection Videos)shall be captured and/or recorded in the MPEG 1,2,or 4 formats or as specified by the Owner. 1. The Video capture files shall be in MPEG format with linking to the database file(s)(Inspection Observations). 2. The"Link"of the video capture file to the database observation file is required and each observation shall record the name of the video file and the frame number referencing the time in the video when the inspection was made. 3. The inspection observation(s)shall link to the video record in real- time. 4. Video shall include the following at a minimum: a. Date and time inspected. b. Line segment being inspected. c. Project Name&Project Number. d. Segment Location (Address). e. Footage location from Manhole. f. Defect Code and/or Type and Severity Rating. g. Use Owner manhole numbering system,if owners do not have manhole numbers assigned to these manholes, number from upstream to downstream,keeping in order for entire alignment surveyed. ii. A Main, Lateral,or Node Inspection may have one or many linked video files.Video recording can be paused and then restarted without generating a new file. b. Image(photos)capture format capabilities and requirements: i. The Inspection image files(pictures)shall have the ability to be exported to Industry Standard Formats to include JPEG,BMP,and TIFF formats and be transferable by disk, DVD and/or External Hard drive to an external personal computer utilizing standard viewers and printers. ii. The video image capture module shall be capable of collecting multiple color video frames of the defects found during inspection and then linked to the inspection reports.There shall not be a limitation to the number of pictures allowed per observation. c. Database structure and requirements: i. The inspection database shall include an asset-based architecture which allows multiple inspections to be performed and retained as a historical record for the same physical location(asset).The"project-based" database architecture shall store and immediately show all inspection history for each asset. d. Functional requirements of the software: i. The software shall be NASSCO PACP [4.2] certified and conform to its pipeline assessment procedures. 66 8/8/2018 ii. Software shall export to a PACP [4.2] (mdb)format. iii. Contractor must use the Owner's GIS pipe and manhole layers as the base layer for creating the inspection database. 7-22.3(2)Equipment Requirements Cameras shall be intrinsically safe and shall be operative in 100 percent humidity conditions. Lighting intensity shall be remote controlled and shall be adjusted to minimize reflective glare. Lighting and camera quality shall provide a clear, in-focus picture of the entire inside periphery of the sewer. Record and store video footage meeting the following requirements: 1. DVD/CD recordings of all sewer line inspections shall be made in high quality MPG Format. CCTV inspections will be delivered entirely in a GraniteNet compatible format database using the latest software version on External HDD. 2. The Audio portion of the composite recording shall be sufficiently free from electrical interference and background noise to provide complete intelligibility of the oral report. 3. 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 for payment and the Contractor shall be required to re-CCTV the work. A footage counter device,which measures the distance traveled by the camera in the sewer,shall be accurate to plus or minus 2 feet in 1,000 feet. Video equipment shall include genlocking capabilities to the extent that computer generated data, (i.e.,footage,date,size,address and location,etc.)as determined by the Engineer can be overlaid onto the video,and both indicated on the television monitor and permanently recorded on the inspection videotape. 7-22.3(3)Inspection Access Points Contractor shall at all times conduct its Work to prevent any blockage and minimize surcharging in the sewer manholes and connecting sewer pipelines. Damage to existing facilities as a result of Contractor's Work shall be promptly repaired at Contractor's expense. City of Renton Kennydale Lakeline access points are: 1. Temporary manhole#5 2. Temporary manhole#4 3. Flush Station located adjacent to 2727 Mountain View Ave N, Renton,WA,98056. 4. Submerged manhole in Lake Washington at approximately 3233 Lake Washington Blvd N, Renton,WA 98056. 5. Cleaning lateral located at 3307 Lake Washington Blvd N, Renton,WA 98056. 6. Submerged manhole in Lake Washington at approximately 3307 Lake Washington Blvd N, Renton,WA 98056. 7. Submerged manhole in Lake Washington at approximately 3713 Lake Washington Blvd N, Renton,WA 98056. 8. Cleaning lateral located in City of Renton Kennydale Beach Park(3601 Lk Washington Blvd N, Renton,WA 98056) 9. Lake Washington No.2 Lift Station adjacent to 3903 Lake Washington Blvd N, Renton,WA 98056. 67 8/8/2018 The Contractor shall obtain access, ingress and egress,from Lake Washington for the entire inspection activity. 7-22.3(4)Inspection Methods All CCTV operators working on this project shall have current NASSCO PACP certification. Sewer sections shall be inspected by means of remote CCTV. If a blockage hampers the inspection of the sewer in one direction,then the Contractor shall attempt to complete the section by televising from the other manhole to complete the section.The Contractor must immediately report the obstruction to the Owner or his representative.All CCTV work shall conform to Current NASSCO- PACP standards. Contractor shall record on the audio track of the CD/DVD narrative of the location, upstream and downstream control points,date,and time of the inspection. Engineer shall have access to observe the monitor and all other operations at all times.The system of cabling employed to transport the camera and transmit its signal shall not obstruct the camera's view. The camera shall be pulled through the sewer in either direction, but all inspections at each location shall be in the same direction. Maximum rate of travel shall be 30 feet per minute when recording. Camera must come to a complete stop when documenting defects. The camera image shall be down the center axis of the pipe when the camera is in motion. Contractor is required to provide a 360-degree view of the pipe interior. Points of interest shall also be inspected videotaped and shall include, but not be limited to,defects,encrustations, mineral deposits,debris,sediment,any location determined not to be clean etc. All inspection documentation shall include the sewer location. Engineer will review DVDs/CDs and logs to ensure compliance with the requirements listed in this Specification and Contract Documents. If the sewer line is determined not to be adequately cleaned, as required in this Section, it shall be re-cleaned and CCTV inspected by the Contractor at no additional cost to the Owner. During CCTV inspections,Contractor shall provide temporary dry conditions in the sewer pipelines. Sewer line shall be pumped out prior to inspection and intermittently as needed to provide dry conditions. Pump discharge shall be to Owner approved location. DIVISION 8 MISCELLANEOUS CONSTRUCTION 8-02 ROADSIDE RESTORATION 8-02.3(4)A Topsoil Type A Section 8-02.3(4)A is supplemented with the following: (******) The contractor shall provide a material submittal for topsoil prior to use. 68 8/8/2018 8-02.3(16) Lawn Installation Section 8-02.3(16)is revised and supplemented as follows: (******) 8-02.3(16)A Lawn Installation Section 8-02.3(16)A has been deleted and superseded with the following: (******) 8-02.3(16)A1 Qualifications of Workmen Provide at least one person who shall be present at all times during execution of the Work and who shall be thoroughly familiar with the type of materials being installed and the best methods for their installation and who shall direct all work performed under this section. 8-02.3(16)A2 Submittals 8-02.3(16)A2a Certification of Material 1. Include seed mix percentages,purity,germination rates,weed experience,and date tested for the preceding. Include complete data on source,size and quality. 2. Supply on-site 12"x 12"sample of each sod specified for inspection and approval in advance by the City. 3. Supply Grower's written recommendations for fertilizer type, rate of application, and frequency. 4. All certificates required by law shall accompany shipments. 5. Upon completion of the installation and prior to final inspection,deliver all certificates to the Engineer. 8-02.3(16)A2b Manufacturer's Certificates of Conformance 1. Supply for Certificates of Conformance for fertilizer being used for the project. 8-02.3(16)A2c 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)A3 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)A4 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 69 8/8/2018 routes with plant material. 8-02.3(16)A5 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. Error! Bookmark not defined.8-02.3(16)A5a 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. Error! Bookmark not defined.8-02.3(16)A6 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)A6a Installation Preparation 1. Prepare subgrade in all lawn areas by scarifying to a 8" minimum depth and removing rocks and debris over 1" in diameter. Subgrade soils should be free-draining and without any impervious soils or other materials harmful to plant growth. Notify the Inspector of any subgrade conditions deleterious to plant growth. 2. Spread topsoil to a minimum depth of 6"after settlement in all lawn areas. 3. Thoroughly rototill topsoil to a minimum depth of 6 inches. 4. Fine grade per Contract Specifications in turf areas as indicated on drawings. Rake entire surface to conform to site grading. Grade edges to 1" below adjacent paved surfaces to provide a smooth transition. Roll as necessary to firm grade to satisfaction of the Inspector. 5. Apply fertilizer to the prepared lawn areas at rates recommended by sod grower and lightly rake to incorporate into the soil. 8-02.3(16)A6b 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 superseded with the following: 70 8/8/2018 (******) 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)61 Establishment Period The Establishment Period will commence on the date of Preliminary Acceptance and will extend to Substantial Completion or Final Acceptance by the City of landscape work, whichever is later. Maintenance during this period will include: 1. Watering:Water areas of new turf so they receive adequate water for survival of the plant in a healthy position. 2. Lawns shall be fertilized every six weeks from March through September per Grower's written recommendations. Lawns shall be maintained weed-free. 3. Lawns are to be mowed weekly or as needed to maintain a neat appearance. All grass clippings shall be removed from the site. Maximum height of lawn shall not exceed three inches. 4. Protect all lawn areas against damage,including erosion and trespassing, by providing and maintaining proper safeguards. 5. Debris Control: Debris control shall be accomplished in all landscaped lawn areas on a regular basis,at least weekly or more often where necessary. This will include leaf fall control in Fall period. Policing for paper and litter in all areas shall be conducted at least weekly. During the Fall period leaves,windblown into gutters and catch basins,are considered as litter and shall be removed as debris. 8-02.3(16)62 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 71 8/8/2018 upon Final Acceptance of the entire project or at the determination of the City if earlier than Final Acceptance of the entire project. DIVISION 9 MATERIALS 9-30 WATER DISTRIBUTION MATERIALS 9-30.1(1) Ductile Iron Pipe Section 9-30.1(1) is revised to read as follows: (******) 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.1.)conforming to AWWA C111, unless otherwise specified. 3. Restrained joints shall be as specified in Section 9-30.2(6). 4. Flanged joints shall conform to ANSI B16.1,class 125 drilling pattern,rated for 250 psi working pressure. Flanged ductile iron pipe shall be Class 53 per AWWA C 115. Thicker Classes are acceptable. The Contractor shall furnish certification from the manufacturer of the pipe and gasket being supplied that the inspection and all of the specified tests have been made and the results thereof comply with the requirements of the above referenced standards. 9-30.2 Fittings 9-30.2(1) Ductile Iron Pipe Section 9-30.2(1)is supplemented and revised as follows: (******) 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 816.1,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 72 8/8/2018 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 31655. 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(OFT);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) Steel Pipe Section 9-30.2(4) including title is revised as follows: (******) 9-30.2(4) Spacers and Seals for Steel Casing Pipe 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 Section 9-30.2(6)including title is revised as follows: 73 8/8/2018 (******) 9-30.2(6) Restrained Joint Pipe and Fittings 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 3 below. 3. Where restrained joint fittings required on the plans cannot be furnished or where restrained jointed fittings are required in areas that are known to be subject to location adjustments, the Contractor may submit a lay plan showing mechanically jointed fittings with wedge restraint glands for approval. Mechanically jointed pipe with wedge restraint glands shall not be substituted for restrained joint pipe. 9-30.2(7) Bolted,Sleeve-Type Couplings for Plain End Pipe Section 9-30.2(7)is revised as follows: (******) Transition couplings,reducing couplings,transition reducing couplings,sleeves,flexible couplings shall be compression type by pipe manufacturer: Romac or Ford or approved equal. 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. 74 VMNIMIMMMMINIiii APPENDIX A PERMITS DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT DATE: June 18, 2018 PROJECT NUMBER: LUA18-000277, ECF, SME PROJECT NAME: Kennydale Lakeline Assessment PROJECT MANAGER: Clark H. Close, Senior Planner APPLICANT: City of Renton David Christensen 1055 S Grady Way Renton, WA 98057 PROJECT LOCATION: Renton Kennydale Area. Along Lake Washington from approximately 2725 Mountain View Ave N (APN 0623059005) to 3905 Lake Washington Blvd N (APN 3342700011). SEC-TWN-R: NE06-23-5, SE31-24-5 and NW05-23-5 LEGAL DESCRIPTION: Not Applicable (multiple locations) WATER BODY: Lake Washington Reach E PROJECT DESCRIPTION: The applicant is requesting a Shoreline Exemption and Environmental (SEPA) Review to evaluate the condition of the Kennydale Lakeline Sewer System. The sewer line is located in the Residential-8 zone in Lake Washington. During the 2018 summer fish window,the project proposes to allow the City of Renton Wastewater Utility to complete a physical inspection of the sewer pipeline at up to thirteen (13) locations, perform pipe sampling, install manholes, and complete pipe cleaning in and along Lake Washington to determine what is needed to properly maintain the system and evaluate replacement options.The results of the evaluation would determine the remaining useful life of the system and may result in recommendations for future improvements. Condition evaluation would include ultrasonic thickness testing at five(5) locations, pipe sampling via the collection of a single coupon on the mainline, collection of up to three (3) coupons on lateral lines, and temporary access to two (2) existing manholes for lake line cleaning. Two (2) additional locations would be accessed, pipe sections would be removed for evaluation, and the section would be replaced with manholes below grade. The project locations are aquatic and all work would be staged from a floating barge and/or boat. Divers would be deployed from the barge/boat to expose the sewer lake line and conduct maintenance activities. The KLSS was originally constructed in 1972 to provide sanitary sewer service to approximately 55 to 60 lakefront homes along Lake Washington from the north end of Gene Coulon Memorial Beach Park to just south of May Creek. The pipeline evaluation and associated work would be located in Lake Washington Reach E, in select areas with moderate landslide hazards, and in an area with potential cultural resources. Coordination with property owners is anticipated as part of the work. DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Certificate of Exemption from Shoreline Substantial Development Kennydale Lakeline Assessment LUA28-000277,ECF,SME Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on (ERC meeting date) the Environmental Review Committee issued a Determination of Non-Significance (DNS) for the Kennydale Lakeline Assessment. A 14-day appeal period commenced on May 21, 2018 and ended on June 8, 2018. No appeals of the threshold determination were filed. EXEMPTION JUSTIFICATION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved on the proposed project in accordance with RMC 4.9.190C 'Exemption from Permit System' and for the following reasons: WAC 173.27.040 (2)(b) - Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including but not limited to its size,shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment; The proposed development is: Consistent with the policies of the Shoreline Management Act. Not Applicable to the guidelines of the Department of Ecology where no Master Program has been finally approved or adopted by the Department. Consistent with the City of Renton Shoreline Master Program. SIGNATURE&DATE OF DECISION: —DocuSigned by: Jennifer T. Henning 6/18/2018 I 12:01 PM PDT —1 St4raau roc..492.. Jennifer Henning,AICP, Planning Director Date Department of Community& Economic Development RECONSIDERATION: Within 14 days of the decision date, any party of record may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact.After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 day appeal time frame. APPEALS: The administrative land use decision will become final if not appealed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton,WA 98057 on or before 5:00 pm, on July 2, 2018 (RCW 43.21.0075(3); WAC 197-11-680). RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall, 7th Floor, (425)430-6510. Page 2 of 3 DocuSign Envelope ID:99F7F329-88DB-4970-87E7-92867033E656 City of Renton Department of Community&Economic Development Certificate of Exemption from Shoreline Substantial Development Kennydale Lakeline Assessment LUA18-000277,ECF,SME EXPIRATION:Two (2)years from the date of decision (date signed). Attachments: SEPA Environmental Review Report with Exhibits 1-6 cc: Dave Christensen (City of Renton)—Contact Robert Burr- Party of Record William Hudson - Party of Record Milt Reimers- Party of Record Thomas Dahlby- Party of Record WC Stoneman - Party of Record Darius &Vicki Richards- Party of Record Page 3 of 3 DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E656 DEPARTMENT OF COMMUNITY CITY OF AND ECONOMIC DEVELOPMENT Renton ! 17' ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: May 21, 2018 Project Name: Kennydale Lakeline Assessment Project Number: PR18-000184 Land Use Permit LUA18-000277, ECF, SME Number: Project Manager: Clark H. Close, Senior Planner Applicant/Contact: David Christensen,Wastewater Utility Manager/City of Renton/ dchristensen@rentonwa.gov/1055 S Grady Way 5th Fl. Renton, WA 98057 Project Location: Renton Kennydale Area.Along Lake Washington from approximately 2725 Mountain View Ave N (APN 0623059005)to 3905 Lake Washington Blvd N (APN 3342700011). Project Summary: The applicant is requesting a Shoreline Exemption and Environmental (SEPA) Review to evaluate the condition of the Kennydale Lakeline Sewer System. During the 2018 summer fish window, the project proposes to allow the City of Renton Wastewater Utility to complete a physical inspection of the pipe, perform pipe sampling, install manholes,and complete pipe cleaning in and along Lake Washington to determine what is needed to properly maintain the system and evaluate replacement options.The results of the evaluation would determine the remaining useful life of the system and may result in recommendations for future improvements.The pipeline evaluation and associated work would be located in Lake Washington Reach E, in select areas with moderate landslide hazards, and in an area with potential cultural resources. Coordination with property owners is anticipated with the work. Exist. Bldg.Area SF: N/A Proposed New Bldg.Area(footprint): None Proposed New Bldg.Area(gross): None Site Area: N/A Total Building Area to Remain GSF: N/A STAFF Staff Recommends that the Environmental Review Committee issue a RECOMMENDATION: Determination of Non-Significance(DNS). N � ray +untcn Lake Washington Project Location Map ERC Report Kennydale Lakeline AssessmentKennydale Lakeline Assessment DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKELINE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page 2 of 7 PART ONE: PROJECT DESCRIPTION/BACKGROUND The applicant, City of Renton Wastewater Utility Systems, is requesting a Shoreline Exemption and Environmental (SEPA) Review to assess the condition of the Kennydale Lakeline Sewer System (KLSS).The sewer line is located in the Residential-8 zone in Lake Washington (Exhibit 2).This maintenance project is intended to complete a physical inspection of the sewer pipeline at up to thirteen (13) locations to determine what is needed to properly maintain the system and evaluate replacement options. Condition evaluation would include ultrasonic thickness testing at five (5) locations, pipe sampling via the collection of a single coupon on the mainline, collection of up to three (3) coupons on lateral lines, and temporary access to two (2) existing manholes for lake line cleaning.Two (2)additional locations would be accessed, pipe sections would be removed for evaluation, and the section would be replaced with manholes below grade.The project locations are aquatic and all work would be staged from a floating barge and/or boat. Divers would be deployed from the barge/boat to expose the sewer lake line and conduct maintenance activities. In general,the work plan would involve the installation of site isolation best management practices (BMPs),followed by placement of a shoring system, if required, and pipeline excavation using a suction dredge. Once the pipeline is exposed the pipeline would be evaluated and sediment sampling or corrosion/thickness measurement may occur. Depending on the location, one of three types of actions would occur at this point: either 1) a pipeline sample or coupon would be removed for corrosion and thickness testing and repaired with compression fitting; 2) ultrasonic pipeline thickness testing; or 3) a section of pipeline would be removed for testing,and replaced with a manhole.These coupons,collected from several locations, would provide valuable information on the condition of the lake line pipe. One coupon would be collected near 3703 Lake Washington Blvd N.This coupon is at a relatively high elevation along the lake line that is more likely to have been exposed to corrosive atmosphere. Additional coupons would also be collected on laterals in front of 2905 Mountain View Ave N, 3107 Mountain View Ave N, and 3703 Lake Washington Blvd N. Pipeline sampling at these locations may also impact the adjacent properties at 2909 Mountain View Ave N and 3103 Mountain View Ave N (Exhibits 3 and 4).These laterals are also at relatively high elevations along the lake line and experience intermittent gas exposure.These coupons would supply information about pipe corrosion under adverse conditions. The results of the evaluation would aid in formulating a conservative estimate of the remaining useful life and vulnerability of the system and may result in recommendations for future improvements. Following pipeline repair,the substrate would be returned to pre-construction conditions and BMPs would be removed. No substantial changes would be made to the overall structure or layout of the pipeline and all elements would be below final grade. The KLSS was originally constructed in 1972 to provide sanitary sewer service to approximately 55 to 60 lakefront homes along Lake Washington from the north end of Gene Coulon Memorial Beach Park to just south of May Creek. The pipeline evaluation and associated work would be located in Lake Washington Reach E, in select areas with moderate landslide hazards,and in an area with potential cultural resources. The proposed work follows the Phase 2A of the Lake Line Condition Assessment which included ultrasonic thickness testing and visual inspection of exposed portions of the lake line as well as survey, bulkhead assessment and hydraulic assessment. As part of the hydraulic assessment it was concluded that the hydraulic capacity of the lake line is reduced, indicative of partial blockages in two general areas.These partial blockages are likely the result of solids settlement caused by velocities below those needed for self- cleaning. Current access from the shoreline for cleaning is limited,and settled solids cannot effectively be ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKELINE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page3of7 removed using the shore-based cleaning protocol.Therefore to address these partial blockages, it is proposed that three (3)existing submerged manholes on the lake line be temporarily accessed for cleaning.Temporary access from the lake surface would be obtained with steel riser sections connected to the manhole structure. Once accessed, wastewater from the manholes and adjacent sections of the lake line would be removed prior to cleaning. It is proposed that the cleaning process would use a jetter hose to flush solids toward the manhole where they would be removed by a vacuum. Closed circuit television (CCTV) inspection would be performed before and after cleaning to evaluate the effectiveness of the cleaning procedure. Properties at 2827, 2909, 3111, and 3119 Mountain View Ave N,would experience short-term construction impacts due to their proximately to the manhole location.The two(2) new proposed manholes would be at low points along the undulating sewer to facilitate solids removal.Their locations would facilitate cleaning of a partial blockage believed to be impacting the southern portion of the pipe.The three (3) existing submerged manholes would be used to clean the northern blockage.The proposed manholes would be buried to comply with anticipated permit requirements. Flexible couplings would be installed on the lake line approximately 10 feet from the manhole to enable localized lowering of the sewer profile and ensure that the manhole cover is below the lakebed.This would allow the manholes to be installed without permanently modifying the lakebed, which would trigger a more intensive permitting process and likely preclude this work from being performed in this summer.The proposed work would be conducted between July 16, 2018 and September 30, 2018 (work windows for fish protection for Lake Washington) and would include a condition assessment on parts of the pipe not currently exposed.This assessment would enable additional analyses of the pipe material to determine the amount of corrosion and remaining useful life of the pipe to aid in the City's strategic planning process. A summary of the work plan includes the following steps: 1. Surround the work area with a floating silt curtain, starting with a collapsed curtain and expanding it so as to eliminate fish from the work area. Once expanded to enclose the work area,the bottom of the silt curtain would be anchored to the lake bed with sandbags at four foot intervals. The curtain would remain in place throughout the work and for a sufficient period after the work to allow the vast majority of sediments to settle. 2. Conduct turbidity monitoring adjacent to the work zone before, during, and after the work. Results would be documented and any noted exceedances would lead to a)adjustment of work practices, or b)stoppage of the work until suitable adjustments can be made. 3. Place a shoring box along the pipeline surrounding the excavation zone.The shoring box would settle down to the base of the excavation as the work progresses. 4. Expose the buried pipeline by suction dredging within the shoring system. Dredging would be conducted using a boat/barge-mounted trash pump. Excavated materials would be placed outside the shoring but within the silt curtain perimeter. 5. Reduced water usage would be requested of home owners adjacent to the sewer prior to commencement of work. Flush the pipeline with municipal water to remove most of the sewage prior to cutting the pipe. 6. Cut a 4-6-inch diameter hole from the pipe for thickness and corrosion testing. Seal the hole with a pipe repair coupling. ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKELINE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page 4 of 7 7. Cut through the pipe at the downstream end of the work zone and place a plate to seal the downstream pipe from excessive lake water intrusion. Cut through the pipe at the upstream end of the work zone and removing the existing pipe between the cuts. 8. Replace the removed pipe section with a new pipe segment that includes a manhole to facilitate future cleaning operations.The manholes would be left below the lake bed (Exhibit 5). Install repair couplings to join and seal the replacement segment to the existing pipeline. 9. Return the sewer system to normal operation. Check for leaks and ensure KLSS is functioning properly. 10. Suction dredge excavated materials back into the excavation zone while removing the shoring system. Shovel/rake/hydrojet finished surface to original grade. 11. Wait until sediments have settled from the work area before removing the floating silt curtain. Several permits would be required for either maintenance of the existing line or for conducting a conditions assessment for the existing line, which would include in-water work and disturbance of the lakebed.The following other government approvals/permits would be required: US Army Corp of Engineers ("Corps") permit to meet requirements of the Rivers and Harbors Act Section 10 and Section 404 of the Clean Water Act, Hydraulic Project Approval (HPA)for projects located near or within a Water of the State, Section 401 Water Quality Certification from Washington State Department of Ecology ("Ecology") (possibly required), and Hydraulic Project Approval (HPA) from Washington Department of Fish &Wildlife (WDFW).The Joint Aquatic Resource Permit Application (DARPA) process is used to request the HPA, CWA Section 401 Certification, Section 404, and Section 10 permits. Issuance of Section 404 and Section 10 permits by the Corps is contingent on completion of the National Environmental Policy Act (NEPA)and the federal Endangered Species Act(ESA) processes.Additional SEPA review is anticipated for future improvements, maintenance, or replacement of the Kennydale system after the scope and schedule for those improvements are known. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240,the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day Appeal Period. B. Exhibits Exhibit 1 ERC Report Exhibit 2 Location Map Exhibit 3 Vicinity Map Exhibit 4 Location Reference Table Exhibit 5 Lake Line Manhole Plans Exhibit 6 Environmental Conditions Report ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKELINE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page 5 of 7 C. Environmental Impacts The proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts:The project site is located in Lake Washington, waterward of the Ordinary High Water Line. The KLSS corridor is approximately 4,800 linear feet(Exhibit 6).The shoreline in the proposed work area runs primarily parallel to the highly modified shoreline, approximately 4,500 linear feet. The shoreline consists of riprap,gabion walls,vertical bulkheads,gravel beaches from south of Coleman Point, at the Lake Washington Flush Station, north to May Creek. Overwater structures include docks associated with single-family residences and a log boom delineating the designated swimming area at Kennydale Beach Park. The adjacent uplands are residential, relatively flat and rolling. Slopes along the shoreline range from flat(less than 15 percent slope)to gently or moderately sloping(less than 40 percent slopes), with a majority of the shoreline having 15 to 25 percent slopes. Slopes in each project location are less than 1 percent, indicating low risks to the existing moderate landslide hazards.The project is not located near steep slopes and would not affect steep slopes.The bathymetry of the lake is gradual in the project vicinity with water depths between 6 and 20 feet. The sediment characteristics underlying the water along the vessel routes in the study area include sand,gravel, and cobble, along with various combinations of these sediment types. Excavation would be limited to the volumes sufficient to expose the sewer pipe. Excavated areas would be no larger than 20 feet wide by 36 feet long by 6 feet deep. Up to approximately 279 cubic yards of material may be excavated.The applicant estimates between 5 and 234 cubic yards of excavation depending upon the activity proposed at each site. Material would be stockpiled inside the floating turbidity curtain.After completing inspection and repair at each location,excavated sediments would be used to return the lakebed to its original grade. According to the applicant, no erosion is expected as a result of this project. Excavation and site restoration would occur over approximately five (5) working days at each location. A sediment curtain would be used to prevent material from being discharged beyond the project site. Excavation would be limited to the smallest amount necessary to expose the pipe and conduct inspections and/or make repairs. Mitigation Measures: No further mitigation recommended. Nexus: N/A 2. Air Impacts: It is anticipated that some temporary air quality impacts associated with the assessment and excavation work of the KLSS would occur.The project would require a work barge/boat which includes water-jetting or suction dredge to perform underwater excavation. Emissions from project construction would be limited to roughly three (3)gasoline generators during daily operations plus outboard boat engines for site access and environmental monitoring during operations. ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKELINE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page 6 of 7 Upstream sewage would be diverted to Pump Station#14 wet well for storage and the pipeline would be flushed with freshwater prior to commencing with the work.This would ensure that no sewer gases are released into the environment. Should the work take long enough to fill the wet well,Vactor vacuum trucks would be available to empty the wet well and dispose of the sewage in another sewer service area.This would ensure that no waste would enter Lake Washington. Maintenance of the equipment to meet State and Federal air quality requirements would serve to mitigate the potential adverse impacts. No further site specific mitigation for the identified impacts from typical vehicle and construction exhaust is required. Mitigation Measures: No further mitigation recommended. Nexus: N/A 3. Environmental Health a. Environmental Health Hazards Impacts:The project would include removing coupons from the sewer pipeline for testing. Best management practices related to the handling and storage of any environmental health hazards would be implemented during the sewer line inspection to avoid and minimize any potential hazards.The workers' health would be protected during demolition activities by applicable regulations regarding removal of hazardous materials from Washington State Department of Labor and Industries,the Environmental Protection Agency and the Washington State Department of Ecology. Mitigation Measures: No further mitigation recommended. Nexus: N/A b. Noise Impacts:Temporary, short-term impacts are anticipated from transit to and from the inspection site from outboard engines,the operation of water jet/suction dredge equipment, and generators required to operate the equipment or compressors providing air to underwater workers. Project- related noise is anticipated to attenuate to background levels within 283 feet of the project. No changes to noise levels would occur following the completion of the project. The equipment noise would be regulated through the City's adopted noise level regulations per Chapter 8-7, RMC. Permitted work hours in or near residential areas are restricted to the hours between seven o'clock (7:00)a.m. and eight o'clock (8:00) p.m. Monday through Friday.Work on Saturdays is restricted to the hours between nine o'clock(9:00) a.m. and eight o'clock(8:00) p.m. No work is permitted on Sundays.The applicant indicated that all the construction noise impacts are anticipated to occur during daylight hours. No unusual noise impacts are proposed,which would require further levels of mitigation. Mitigation Measures: No further mitigation recommended. Nexus: N/A 4. Aesthetics Impacts: During inspection and repair activities, a barge/boat would be located at the site.These vessels would not be higher than 10 feet above the water level and would be onsite for up to five (5)days at each location. Upon completion, all structures and repair work on the sewer pipeline would be buried below grade in the bed of Lake Washington. ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B City of Renton Department of Community&Economic Development Environmental Review Committee Report KENNYDALE LAKEUNE ASSESSMENT LUA18-000277,ECF,SME Report of May 21,2018 Page 7 of 7 Mitigation Measures: No further mitigation recommended. Nexus: N/A 5. Historic and Cultural Preservation Impacts: In the SEPA Checklist("Checklist"),the applicant indicated that there are no historic structures or sites present in the project area. However, historic and pre-historic settlements are known to have existed around Lake Washington.The proposed excavation, maintenance and repair activity would be limited to the disturbance area of the already buried pipeline within the lake bed. Probes would be used to confirm the pipe's location prior to excavation. The Checklist concludes that because the pipeline was installed in 1972, all relevant lake sediments have been considered previously disturbed and thus the applicant is not anticipating the discovery of any historic artifacts in the anticipated area of excavation. If any historic or archaeological resources are encountered during implementation of maintenance activities,work would be stopped in accordance with RCW 27.53.060 and 27.44.020 and a professional archaeologist would be called to assess the significance of the find. No comments were received from the Washington State Department of Archeology and Historic Preservation. Mitigation Measures: No further mitigation recommended. Nexus: N/A D. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report. ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3);WAC 197-11-680). Environmental Determination Appeal Process:Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner,City of Renton, 1055 South Grady Way, Renton,WA 98057, on or before 5:00 p.m.on June 8,2018. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall—7th Floor, (425)430-6510. ERC Report DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B c,\'t Y OA," DEPARTMENT OF COMMUNITY + AND ECONOMIC DEVELOPMENT To�' ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE (DNS) PROJECT NUMBER: LUA18-000277, ECF,SME APPLICANT: David Christensen/(425)430-7212/1055 Grady S Way, Renton, WA 98057 PROJECT NAME: Kennydale Lakeline Assessment PROJECT DESCRIPTION: The applicant is requesting a Shoreline Exemption and Environmental (SEPA) Review to evaluate the condition of the Kennydale Lakeline Sewer System (KLSS). During the 2018 summer fish window, the project proposes to allow the City of Renton Wastewater Utility to complete a physical inspection of the pipe, perform pipe sampling, install manholes, and complete pipe cleaning along Lake Washington to determine what is needed to properly maintain the system and evaluate replacement options.The results of the evaluation would determine the remaining useful life and vulnerability of the system and may result in recommendations for future improvements. The KLSS was originally constructed in 1972 to provide sanitary sewer service to approximately 55 to 60 lakefront homes along Lake Washington from the north end of Gene Coulon Memorial Beach Park to just south of May Creek. The pipeline evaluation and associated work would be located in Lake Washington Reach E,areas of moderate landslide hazards and in an area of potential cultural resources. Coordination with property owners is anticipated as part of the work. The applicant submitted an Environmental Conditions Report with the application. PROJECT LOCATION: Renton Kennydale Area.Along Lake Washington from approximately 2725 Mountain View Ave N (APN 0623059005)to 3905 Lake Washington Blvd N (APN 3342700011). LEAD AGENCY: City of Renton Environmental Review Committee Department of Community& Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030(2)(c). This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14)days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on June 8,2018. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: MAY 25,2018 DATE OF DECISION: MAY 21,2018 SIGNATURES: DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B G\I Y O,r,'',.. DEPARTMENT OF COMMUNITY + + AND ECONOMIC DEVELOPMENT IF N �o`. DocuSigned by: r—DocuSigned by: Gregg A. Zimmerman 5/17/2018 11' 3RhvkPt. Marshall 5/17/2018 I 1:13 I —8C74AD oEo&i5E... �- 88 1 96 Mars244 Gregg Zimmerman,Administrator Date Rick M. hall, Administrator Date Public Works Department Renton Regional Fire Authority r—DocuSigned by: r—DocuSigned by: Kelly Beymer 5/17/2018 I 2:02Ot11fpI iincent 5/17/2018 I 1:32 8E 1E23C7044F7... `— 99P 77.06 7- Date Kelly iieymer, Administrator Date C.L.4chi Vincent,Administrator Community Services Department Department of Community& Economic Development DocuSign Envelope ID.99F7F329-88DB-4970-67E7-92867033E65B • • • '` CITYOF MERCER ISLAND a• PROJECT LOCATION a? • • r • CITY OF RENTON LAKE WASHINGTON = • 'Rot=WI EM Cyr l u ral*1 l=7B f//S {//Y I t Arc 0,101,gzE..Tincfg c alr .f �._ REFERENCE NUMBER: enton0 APPLICANT NAME:City of Renton,WA PLANNING DIVISION PROPOSED PROJECT:Install manholes, RECEIVED collect pipe coupons,and perform ultrasonic 04/20/2018 cclose thickness testing on sewer lake line. FIGURE 0 800 1,600 3,200 LOCATION:Lake Washington between Feet 2727 Mountain View Ave N and 3903 Lake LOCATION MAP Washington Blvd N,Renton,WA 98056 SHEET 1 OF 7 DATE:1-31-2018 EXHIBIT 2 DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B Ultrasonic Thickness Testing Lake Washington Area of Impact:900 SF New Manhole Volume of Excavation:5 CY Coleman (See Figure Volume of Fill:5 CY 9 5) NitxPoint Area of Impact:3,600 SF -IVolume of Excavation:117 CY ��` Volume of Fill:113 CY OHWM -\ .� Site 3 Manhole C1__ �'_ :ill" 2 Manhole — illi Pipe Coupon `'t"--- 311 :2071::::: �� Area of Impact:900 SF `� 3707 3115311, 32 \3 ��Volume of Excavation.5 CY 30307 3103 _ Volume of Fill:5 CY o �r ` , 2909 '3005 .c L0.`ll► New Manhole (See Figure 5) 02905 �'� ,� fig\ ------_ Area of Impact:3,600 SF V '�" Sh\�9�0-� -�— Volume of Excavation:117 CY ♦ /� eYta/ Ultrasonic Thickness TestingVolume of Fill:113 CY 2827 i Area of Impact:900 SF 2 15 / Volume of Excavation:5 CY Volume of Fill:5 CY 281 i 1 / Pipe Coupon 480 i Area of Impact:900 SF 2805 / Volume of Excavation:5 CY 2801 i Volume of Fill:5 CY i 2731 / 247/ Lake Washington/I / // Flush Station /� / A REFERENCE NUMBER: APPLICANT NAME:City of Renton,WA PROPOSED PROJECT:Install manholes, Legend FIGURE 2 collect pipe coupons,and perform ultrasonic VICINITY MAP thickness testing on sewer lake line. 0 Ultrasonic Thickness Testing LOCATION:Lake Washington between 2727 Mountain View Ave N and 3903 Lake • Lateral Coupon 0 100 200 400 Washington Blvd N,Renton,WA 98056 Feet SHEET 2 OF 7 0 New Manhole DATE:1-31-2018 EXHIBIT 3 OocuSign Envelope ID:99F7F329-88DB-4970-87E7-92867033E658 -urri Lake Washington - OHWM Pipe Coupon \ Area of Impact:900 SF Ultrasonic Thickness Testing Volume of Excavation:5 CY Area of Impact:900 SF Volume of Fill:5 CY Volume of Excavation:5 CY Volume of Fill:5 CY MIR --\-- ---- — _. Site 1 Manhole Kennydale Beach_Park _- --\--- * fA�- :Ale, i�'►� �i� _±.-_____•��iIth-i'3 1�0 ' •r --------3601-1\c-t" --3601-3 o3s as11V3815 �io3 \^3711�37151911,.\3'7.1‘9 3811 , r Lake Washington#2 3411 13501 37091��, 9 __ 3.7,1“8O0---- ,;3827 I \Lift Station 37_13 ------ .----------- -- 3815 3821 r _ \ 3821.1 -8127,....1 .- 3837 '-.___._ 39,01� J 3905 Ultrasonic Thickness Testing 390]3 Ultrasonic Thickness Testing Area of Impact:900 SF Pipe Coupon _�� i.ake ���- 3909,1 Area of Impact:900 SF Volume of Excavation:5 CY Area of Impact:900 SF ��\a8hin Volume of Excavation:5 CY Volume of Fill:5 CY Volume of Volume of Fill.5 CY Volume of Fill:5 CExcavation:5 CY �gton @, l,__,\ REFERENCE NUMBER: Legend FIGURE 3 APPLICANT NAME:City of Renton,WA PROPOSED PROJECT:Install manholes, • MainlineCoupon VICINITY MAP collect pipe coupons,and perform ultrasonic thickness testing on sewer lake line. H Ultrasonic Thickness Testing LOCATION:Lake Washington between 2727 Mountain View Ave N and 3903 Lake 0 Lateral Coupon 0 100 200 400 Washington Blvd N,Renton,WA 98056 IIIIINC Feet SHEET 3 OF 7 DATE: 1-31-2018 DocuSign Envelope ID.99F7F329-88D8-4970-B7E7-92867033E65B Work Performed Approximate Parcels Impacted Addresses Latitude/Longitude 3342103985 2905 Mountain View Ave N 47.517663,-122.210646 _ 3342103953 2909 Mountain View Ave N _ Manhole Installation 3342104009 2827 Mountain View Ave N 3342103860 3111 Mountain View Ave N 47.519782,-122.210761 3342103855 3115 Mountain View Ave N 3342103845 3119 Mountain View Ave N Main Line Coupon 47.524637,-122.207548 3342700270 3703 Lake Washington Blvd N 47.517816,-122.210748 3342103985 2905 Mountain View Ave N 3342103953 2909 Mountain View Ave N Lateral Coupon 3342103890 3103 Mountain View Ave N 47.519402,-122.210915 — 3342103880 3107 Mountain View Ave N 47.524635,-122.207415 3342700270 3703 Lake Washington Blvd N 47.519149,-122.211466 3342103895 3101 Mountain View Ave N 47.520493,-122.210316 3342103805 3213 Mountain View Ave N Ultrasonic Thickness Testing 47.521603,-122.208914 3124059077 3307 Lake Washington Blvd N 47.522364,-122.208507 3124059076 3401 Lake Washington Blvd N 47.523563,-122.207942 3342103580 3501 Lake Washington Blvd N REFERENCE NUMBER: APPLICANT NAME:City of Renton,WA PROPOSED PROJECT:Install manholes,collect pipe Figure 4 coupons,and perform ultrasonic thickness testing on Aer a line. Location Reference Table LOCATION:Lake Washington between 2727 Mountain View Ave N and 3903 Lake Washington Blvd N,Renton,WA 98056 SHEET 4 OF 7 DATE:1-31-2018 EXHIBIT 4 DocuSign Envelope ID.99F7F329-8800-4970-B7E7-92867033E65B 1 LAY BOTTOM OF SILT CURTAIN FLAT AND SECURE SILT CURTAIN o WITH SANDBAGS SPACED MAXIMUM 4 FT ON rA (EXTENT OF SILT CURTAIN CENTER (TYP ENTIRE PERIMETER) --- NOT SHOWN TO SCALE) o Uo z • w 024"° DIA. MANHOLE LID z w Z 8" DI SANITARY 48" DIA. RISER SEWER (TYP) FL:1 IBLE I w CO PLING (TYP) 0 •i1�..I I �14=moos in CT1 n w0 V1. 0- B B w 0 x z0 rn o F AIIIIIIIIIr 110111111111.11.1 36' w w I 48" DIA. MANHOLE PIPE REPAIR CLAMP (TYP) CID0 O o 09 �,,, LIMITS OF EXCAVATION 0 5' 10' 20' `" REFERENCE NUMBER: I _ H H 55 1 11 APPLICANT NAME:City of Renton "'►A { a PROPOSED PROJECT:Install manholes,collect 2 pipe coupons,and perform ultrasonic thickness CITY OF RENTON a testing on sewer lake line o LOCATION:Lake Washington between 2727 © TETRA TECH LAKE LINE MANHOLE mo Mountain View Ave N and 3903 Lake Washington PLAN FIGURE 5 Blvd N,Renton,WA 98056 www.tetratech.com G SHEET 5 OF 7 1420 FIFTH AVENUE,SUITE 600 a £' DATE:t-31-2018 SEATTLE,WA 98101 U 206.883.9300 1 EXHIBIT 5 DocuSign Envelope ID:99F7F329-8808-4970-B7E7-92867033E65B 0 z a i m 0 0 0a Z TEMPORARY RISER 0 0 0 W cn W O I • 0 a SILT W CURTAIN Y LAY SILT CURTAIN 48" (EXTENT OF FLAT TO BOTTOM, ORIGINAL GRADE SILT CURTAIN SECURE WITH BACKFILLED WITH NATIVE NOT SHOWN SAND BAGS SEDIMENT AND 6"SPAWNING TO SCALE) D GRAVEL - ccD 24" o a) 1:1 SLOPE % ti _ �. z U') // a / 8"DI SANITARY W SEWER 1.11 Ill LIMITS OF • j O 48 "EXCAVATION I . 12" s 12" I 19'-6" I 0 2' 4' 8' 0REFERENCE NUMBER: g APPLICANT NAME:City of Renton PROPOSED PROJECT:Install manholes,collect -8 a pipe coupons,and perform ultrasonic thickness CITY OF RENTON r N i."/ testing on sewer lake fine. © TETRA TECH LAKE LINE MANHOLE LOCATION:Lake Washington between 2727 Mountain View Ave N and 3903 Lake Washington SECTION A-A FIGURE 6 fD l.Blvd N,Renton,WA 98056 www.tetratechcom E SHEET 6 OF 7 1420 FIFTH AVENUE,SUITE 800 o 0 I`DATE:1-17-2018 SEATTLE,w8 99300 / 209.999.9300 DocuSign Envelope ID:99F7F329-88DB-4970-B7E7-92867033E65B >a z a i m O 0 a 0 co Z TEMPORARY RISER 0 R. iii .0 SILT • ° ORIGINAL GRADE CURTAIN aztz48,. BACKFILLED WITH NATIVE (EXTENT OF g LAY SILT CURTAIN FLAT TO BOTTOM, t SEDIMENT AND SILT CURTAIN tNOT SH W SECURE WITH SAND BAGS 6"SPAWNING GRAVEL TO SCALE)OWN __,___ FLEXIBLE-- PIPE REPAIR / 7 8"DI SANITARY COUPLING(TYP) 0 COUPLING(TYP) T% 24" %� SEWER D 2 ► I IlII In 'l / I I...Ncc � 0 0 a 48" 1:1 SLOPE W LIMITS OF \12" w EXCAVATION w w x S a 36' o O E 6 0 16' REFERENCE NUMBER: 3 APPLICANT NAME:City of Renton L PROPOSED PROJECT:Install manholes.collect pipe coupons,and perform ultrasonic thickness a testing on sewer lake line. CITY OF RENTON ;d £ LOCATION:Lake Washington between 2727 © TETRA TECH LAKE LINE MANHOLE m N Mountain View Ave N and 3903 Lake Washington SECTION B-B m i Blvd N,Renton,WA 98056 wa tetratech.com FIGURE 7 i. o SHEET 7 OF 7 1420 FIFTH AVENUE,SUITE 600 $- `1" DATE 1-31-2018 sEATTLE,wA 99101 0 `0'I� 206.889-9300 J DocuSign Envelope ID:99F7F329-88DB-4970-67E7-92867033E65B --"'fin O PLANNING DIVISION RECEIVED 04/20/2018 cclose l -. 11.'*4:14 CONFLUENCE ENVIRONMENTAL COMPANY enton0 Entire Document Available Upon Kennydale Lakeline Sewer System ' .. - -n - - - u ' ENVIRONMENTAL CONDITIONS REPORT Prepared for: City of Renton April 6, 2017 :,v' * - 7. 4a1:+ .. w a: 146 N Canal St, Suite 111 • Seattle, WA 98103 • www.confenv.com EXHIBIT 6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL POBox43234 FISH e WILDLIFEOlympia,WA 98504-3234 (360)902-2200 Issued Date: June 18, 2018 Permit Number: 2018-4-426+01 Project End Date: June 17, 2023 FPA/Public Notice Number: N/A Application ID: 14975 PERMITTEE AUTHORIZED AGENT OR CONTRACTOR City of Renton: Utility Systems Division Confluence Environmental Company ATTENTION: David Christensen ATTENTION: Chris Cziesla 1055 S Grady Way 146 N Canal St Renton,WA 98057 Seattle,WA 98103-8652 Project Name: Kennydale Lakeline Sewer System Evaluation Project Description: This maintenance project is intended to clean the pipeline and evaluate sewer pipeline conditions at up to thirteen locations. Condition evaluation will include ultrasonic thickness testing at five locations,collection of a single coupon on the mainline, collection of up to three coupons on lateral lines, and temporary access at three existing manholes for lakeline cleaning.Two additional locations will be accessed, pipe sections will be removed for evaluation,and the sections will be replaced with manholes below grade.The project locations are aquatic and all work will be staged from a floating barge or boat. Divers will be deployed from the boat/barge to expose the sewer lakeline and conduct maintenance activities. Work at each location will follow a similar approach which will be customized based on site conditions. In general,the work plan will involve the installation of site isolation best management practices(BMPs),followed by placement of a shoring system, if required, and pipeline excavation using a suction pump. Following pipeline repair, the substrate would be returned to pre-construction conditions and BMPs would be removed. PROVISIONS 1.This STANDARD Hydraulic Project Approval (HPA)is issued for the inspection and maintenance of an underground sewer line at up to 13 locations waterward of the ordinary high water line in Lake Washington.Washed,well-rounded 2" minus gravels will be placed over the tops of the restored excavation locations,as needed,to ensure no net loss of fish habitat. TIMING-PLANS- INVASIVE SPECIES CONTROL 2.TIMING LIMITATION:You may begin the project immediately and you must complete the project by June 17,2023, provided that all work below the OHWL is only performed between July 15 through September 30 of a given year. 3.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,except as modified by this Hydraulic Project Approval. You must have a copy of these plans available on site during all phases of the project construction. 4. INVASIVE SPECIES CONTROL: Follow Level 1 Decontamination protocol for low risk locations.Thoroughly remove visible dirt and organic debris from all equipment and gear(including drive mechanisms,wheels,tires, tracks, buckets and undercarriage)before arriving and leaving the job site to prevent the transport and introduction of invasive species. Properly dispose of any water and chemicals used to clean gear and equipment. For contaminated or high risk sites please refer to the Level 2 Decontamination protocol. You can find this and additional information in the Washington Department of Fish and Wildlife's"Invasive Species Management Protocols", available online at http://wdfw.wa.gov/publications/search.php?Cat=Aquatic Invasive Species. NOTIFICATION REQUIREMENTS Page 1 of 6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL PO Box 43234 Olympia,WA 98504-3234 FISH ane WILDLIFE (360)902-2200 Issued Date: June 18, 2018 Permit Number: 2018-4-426+01 Project End Date: June 17,2023 FPA/Public Notice Number: N/A Application ID: 14975 5. POST-CONSTRUCTION NOTIFICATION:You, your agent, or contractor must contact the Washington Department of Fish and Wildlife by e-mail at HPAapplications@dfw.wa.gov; mail to Post Office Box 43234, Olympia,Washington 98504-3234;or fax to(360)902-2946 within thirty days after completing the work.The notification must include the permit number and, if possible, photographs of the completed project sites which demonstrate that the sites were returned to pre-project condition or better. 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 the Washington Department of Fish and Wildlife 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 the Washington Department of Fish and Wildlife gives approval. The Washington Department of Fish and Wildlife may require additional measures to mitigate impacts. STAGING, JOB SITE ACCESS,AND EQUIPMENT 7. Retain all natural habitat features encountered on the bed including large woody material.You may move these natural habitat features during project activities but you must place them near the preproject location before leaving the job site. If non-native materials (rip rap,angular rocks,other garbage/debris)are encountered in the isolated work areas during project activities, remove these items from the lake and dispose of them in an appropriate upland location. 8. Confine the use of equipment to the specific locations and work corridor shown in the approved plans. If during field verification activities it is discovered that the locations vary significantly from what is shown in the plans, consult with the Habitat Biologist before proceeding. 9. Station and operate equipment used for this project landward of the ordinary high water line or on a barge or boat. 10. Equipment used for this project may operate waterward of the ordinary high water line, provided the drive mechanisms(wheels,tracks, tires, etc.)do not enter or operate waterward of the ordinary high water line. 11. Check equipment daily for leaks and complete any required repairs in an upland location before using the equipment in or near the water. 12. 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. 13. Operate and anchor vessels and barges during construction in a manner that protects native aquatic vegetation and prevents grounding. CONSTRUCTION-RELATED SEDIMENT, EROSION AND POLLUTION CONTAINMENT 14. Install a containment boom/turbidity curtain so that it surrounds each in-water inspection area for the duration of the work at that location. Secure the curtains with sandbags and ensure that no fish are trapped in the isolation area before proceeding. 15. Prevent project contaminants, such as petroleum products, hydraulic fluid,fresh concrete, sediments, sediment- laden water, chemicals, or any other toxic or harmful materials,from entering or leaching into waters of the state. 16. Route construction water(wastewater)from the project to an upland area above the limits of anticipated floodwater. Remove fine sediment and other contaminants before discharging the construction water to waters of the state. 17. Deposit all trash from the project at an appropriate upland disposal location. CONSTRUCTION MATERIALS 18. Use only clean well-rounded 2"minus gravels or another comparable fish-friendly substrate mix as fill material(no trash,debris, car bodies,tires,asphalt, concrete, etc.). 19. Use of angular rock is not permitted in any part of this project. FISH LIFE REMOVAL 20. All persons participating in capture and removal must have training, knowledge,and skills in the safe handling of Page 2 of 6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL POBox43234 FISH o,,dW ILDLIFE Olympia,WA 98504-3234 (360)902-2200 Issued Date: June 18,2018 Permit Number: 2018-4-426+01 Project End Date: June 17,2023 FPA/Public Notice Number: N/A Application ID: 14975 fish life. 21. Capture and safely move fish life from the work area to the nearest suitable free-flowing water. 22. If electrofishing is conducted,a person with electrofishing training must be on-site to conduct or direct all electrofishing activities. LAKEBED EXCAVATION 23. This HPA authorizes you to excavate only enough material as is necessary for the purposes of the project.The material is not authorized to leave Lake Washington and must be returned to its original location in the excavation zone prior to the completion of the project. 24. Deposit excavated materials in the area within the containment boom/turbidity curtain to ensure that sediment filled water is isolated from the rest of Lake Washington. 25. Upon the return of the sediments to their pre-project location, the bed must be raked and leveled to pre-project conditions to ensure that it does not contain pits, potholes,or large depressions. 26. Place washed, well-rounded fish-friendly gravels on top of the excavated areas after backfilling to ensure no net loss of fish habitat. DEMOBILIZATION AND CLEANUP 27. To minimize sediment delivery to the lake,do not remove the turbidity curtain from the work area until all in-water work is completed and the water has cleared to pre-project conditions. 28. Remove temporary sediment control methods after job site is stabilized or within three months of project completion,whichever is sooner. 29. Replace native aquatic vegetation (except invasive or noxious weeds)damaged or destroyed by construction with at least a 1:1 ratio using a proven methodology. 30. Upon completion of the project, remove all materials or equipment from the site and dispose of all excess spoils and waste materials in an upland area above the limits of anticipated floodwater. LOCATION#1: ,WA WORK START: June 18, 2018 WORK END: June 17, 2023 WRIA Waterbody: Tributary to: 08-Cedar-Sammamish Lake Washington Ship Canal 1/4 SEC: Section: Township: Range: Latitude: Longitude: County: E 1/2 31 24 N 05 E 47.523317 -122.208437 King Location#1 Driving Directions APPLY TO ALL HYDRAULIC PROJECT APPROVALS Page 3 of 6 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL POBox43234 Olympia,WA 98504-3234 FISH ene WILDLIFE (360)902-2200 Issued Date: June 18,2018 Permit Number: 2018-4-426+01 Project End Date: June 17,2023 FPA/Public Notice Number: N/A Application ID: 14975 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 Washington Department of Fish&Wildlife HYDRAULIC PROJECT APPROVAL POBox43234 Olympia,WA 98504-3234 FISH.d WILDLIFE (360)902-2200 Issued Date: June 18, 2018 Permit Number: 2018-4-426+01 Project End Date: June 17, 2023 FPA/Public Notice Number: N/A Application ID: 14975 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 Washington Department of btihl Fish&Wildlife HYDRAULIC PROJECT APPROVAL POBox43234 Olympia,WA 98504-3234 FISH and WILDLIFE (360)902-2200 Issued Date: June 18,2018 Permit Number: 2018-4-426+01 Project End Date: June 17, 2023 FPA/Public Notice Number: N/A Application ID: 14975 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 Elizabeth.Torrey@dfw.wa.gov -17 -.. , t� for Director Elizabeth Torrey 425-313-5681 ,,, WDFW Page 6 of 6 NATIONWIDE PERMIT 3 US Army Corps 1— of Engineers:w: Terms and Conditions Seattle District Effective Date:March 19,2017 A. Description of Authorized Activities B. U.S.Army Corps of Engineers(Corps)National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology(Ecology)Section 401 Water Quality Certification(401 Certification):General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met,as applicable,for a Nationwide Permit(NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Maintenance. (a)The repair,rehabilitation,or replacement of any previously authorized,currently serviceable structure or fill,or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification.Minor deviations in the structure's configuration or filled area, including those due to changes in materials,construction techniques,requirements of other regulatory agencies,or current construction codes or safety standards that are necessary to make the repair,rehabilitation,or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair,rehabilitation,or replacement of the structure or fill;such modifications,including the removal of material from the stream channel,must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within,and in the immediate vicinity of,the structure or fill. This NWP also authorizes the repair, rehabilitation,or replacement of those structures or fills destroyed or damaged by storms,floods,fire or other discrete events,provided the repair,rehabilitation,or replacement is commenced,or is under contract to commence,within two years of the date of their destruction or damage.In cases of catastrophic events, such as hurricanes or tornadoes,this two-year limit may be waived by the district engineer,provided the permittee can demonstrate funding,contract,or other similar delays. (b)This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures(e.g., bridges, culverted road crossings,water intake structures,etc.).The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built,but cannot extend farther than 200 feet in any direction from the structure.This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures.All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c)This NWP also authorizes temporary structures,fills,and work, including the use of temporary mats,necessary to conduct the maintenance activity.Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable,when temporary structures,work,and discharges, including cofferdams,are necessary for construction activities,access fills,or dewatering of construction sites.Temporary fills must consist of materials,and be placed in a manner,that will not be eroded by expected high flows.After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated,as appropriate. (d)This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration.This NWP does not authorize new stream channelization or stream relocation projects.Notification: For activities authorized by paragraph(b)of this NWP,the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity(see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes,small impoundments,and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act(Sections 10 and 404))Note: This NWP authorizes the repair, rehabilitation,or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f)exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization,the prospective permittee must comply with the following general conditions,as applicable,in addition to any regional or case-specific conditions imposed by the division engineer or district engineer.Every person who may wish to obtain permit authorization under one or more NWPs,or who is currently relying on an existing or prior permit authorization under one or more NWPs,has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization.Note especially 33 CFR 330.5 relating to the modification,suspension,or revocation of any NWP authorization. 1.Navigation. (a)No activity may cause more than a minimal adverse effect on navigation. (b)Any safety lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c)The permittee understands and agrees that,if future operations by the United States require the removal,relocation,or other alteration,of the structure or work herein authorized, or if,in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters,the permittee will be required, upon due notice from the Corps of Engineers,to remove,relocate,or alter the structural work or obstructions caused thereby,without expense to the United States.No claim shall be made against the United States on account of any such removal or alteration. 2.Aquatic Life Movements.No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody,including those species that normally migrate through the area,unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted,bridged,or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used,then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas.Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable.Activities that result in the physical destruction(e.g.,through excavation, fill,or downstream smothering by substantial turbidity)of an important spawning area are not authorized. 4.Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 2 V.. 5. Shellfish Beds.No activity may occur in areas of concentrated shellfish populations,unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48,or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material.No activity may use unsuitable material(e.g.,trash,debris,car bodies,asphalt,etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts(see section 307 of the Clean Water Act). 7.Water Supply Intakes.No activity may occur in the proximity of a public water supply intake,except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8.Adverse Effects From Impoundments. If the activity creates an impoundment of water,adverse effects to the aquatic system due to accelerating the passage of water,and/or restricting its flow must be minimized to the maximum extent practicable. 9.Management of Water Flows. To the maximum extent practicable,the pre-construction course, condition,capacity,and location of open waters must be maintained for each activity,including stream channelization,storm water management activities,and temporary and permanent road crossings,except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows,unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course,condition, capacity,and location of open waters if it benefits the aquatic environment(e.g.,stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains.The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11.Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls.Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction,and all exposed soil and other fills,as well as any work below the ordinary high water mark or high tide line,must be permanently stabilized at the earliest practicable date.Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow,or during low tides. 13.Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated,as appropriate. 14.Proper Maintenance.Any authorized structure or fill shall be properly maintained,including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project.The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a)No NWP activity may occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,unless the appropriate Federal agency with direct management responsibility for such river,has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b)If a proposed NWP 3 activity will occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the permittee must submit a pre-construction notification(see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c)Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river(e.g., National Park Service,U.S.Forest Service,Bureau of Land Management,U.S.Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights.No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights),protected tribal resources,or tribal lands. 18.Endangered Species. (a)No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation,as identified under the Federal Endangered Species Act(ESA),or which will directly or indirectly destroy or adversely modify the critical habitat of such species.No activity is authorized under any NWP which"may affect"a listed species or critical habitat,unless ESA section 7 consultation addressing the effects of the proposed activity has been completed.Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time,but still are reasonably certain to occur. (b)Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity,the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements.The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted,additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity,or if the activity is located in designated critical habitat,and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized.For activities that might affect Federally-listed endangered or threatened species or designated critical habitat,the pre-construction notification must include the name(s)of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity"may affect"or will have"no effect"to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps' determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity,and has so notified the Corps,the applicant shall not begin work until the Corps has provided notification that the proposed activity will have"no effect"on listed species or critical habitat,or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days,the applicant must still wait for notification from the Corps. (d)As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs.(e)Authorization of an activity by an NWP does not authorize the"take"of a threatened or endangered species as defined under the ESA. In the absence of separate authorization(e.g.,an ESA Section 10 Permit,a Biological Opinion with"incidental take" provisions,etc.)from the FWS or the NMFS,the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species,where "take" means to harass,harm,pursue, hunt,shoot,wound,kill,trap,capture,or collect,or to attempt to engage in any such conduct. The word 4 "harm"in the definition of"take"means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns,including breeding,feeding or sheltering. (f)If the non-federal permittee has a valid ESA section 10(a)(1)(B)incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity,the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B)permit with the PCN required by paragraph(c)of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B)permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B)permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B)permit,the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B)permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g)Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19.Migratory Birds and Bald and Golden Eagles.The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles,including whether "incidental take"permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20.Historic Properties. (a)In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed,or eligible for listing,in the National Register of Historic Places,the activity is not authorized,until the requirements of Section 106 of the National Historic Preservation Act(NHPA)have been satisfied. (b)Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity,the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted,then additional consultation under section 106 may be necessary.The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c)Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on,determined to be eligible for listing on,or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities,the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties.Assistance regarding information on the location of,or potential for,the presence of historic properties can be sought from the State Historic Preservation Officer,Tribal Historic Preservation Officer,or designated tribal representative,as appropriate,and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts,which may include background research,consultation,oral history interviews,sample field investigation,and field survey. Based on the information submitted in the PCN and these identification efforts,the district engineer shall determine whether the proposed NWP activity 5 ,.r has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties(see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c)when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA:no historic properties affected,no adverse effect,or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps,the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees,the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required,the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA(54 U.S.C. 306113)prevents the Corps from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the Corps,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance,the Corps is required to notify the ACHP and provide documentation specifying the circumstances,the degree of damage to the integrity of any historic properties affected,and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO,appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes,and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit,you must immediately notify the district engineer of what you have found,and to the maximum extent practicable,avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal,Tribal,and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22.Designated Critical Resource Waters.Critical resource waters include,NOAA-managed marine sanctuaries and marine monuments,and National Estuarine Research Reserves.The district engineer may designate,after notice and opportunity for public comment,additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a)Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17,21,29, 31,35,39,40,42,43, 44,49, 50,51,and 52 for any activity within,or directly affecting,critical resource waters,including wetlands adjacent to such waters. (b)For NWPs 3, 8, 10, 13, 15, 18, 19,22, 23,25,27,28,30,33, 34, 36, 37, 38, and 54,notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters.The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 6 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a)The activity must be designed and constructed to avoid and minimize adverse effects,both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site(i.e.,on site). (b)Mitigation in all its forms(avoiding,minimizing, rectifying,reducing,or compensating for resource losses)will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c)Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification,unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal,and provides an activity-specific waiver of this requirement.For wetland losses of 1/10-acre or less that require pre- construction notification,the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d)For losses of streams or other open waters that require pre-construction notification,the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable,through stream rehabilitation,enhancement, or preservation, since streams are difficult-to- replace resources(see 33 CFR 332.3(e)(3)). (e)Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance,and legal protection(e.g.,conservation easements)of riparian areas next to open waters. In some cases,the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required.Restored riparian areas should consist of native species.The width of the required riparian area will address documented water quality or aquatic habitat loss concerns.Normally,the riparian area will be 25 to 50 feet wide on each side of the stream,but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream,or if the waterbody is a lake or coastal waters,then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient.Where both wetlands and open waters exist on the project site,the district engineer will determine the appropriate compensatory mitigation(e.g.,riparian areas and/or wetlands compensation)based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation,the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f)Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1)The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs,the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits(see 33 CFR 332.3(b)(2)and(3)).However,if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer,the district engineer may approve the use of permittee-responsible mitigation. (2)The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects(see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced,aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4)If permittee- responsible mitigation is the proposed option,the prospective permittee is responsible for submitting a mitigation plan.A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request,but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2)through(14)must be approved by the district engineer 7 before the permittee begins work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation(see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements(e.g.,resource type and amount to be provided as compensatory mitigation,site protection,ecological performance standards,monitoring requirements) may be addressed through conditions added to the NWP authorization,instead of components of a compensatory mitigation plan(see 33 CFR 332.4(c)(1)(ii)). (g)Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs.For example,if an NWP has an acreage limit of 1/2-acre,it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States,even if compensatory mitigation is provided that replaces or restores some of the lost waters.However, compensatory mitigation can and should be used,as necessary,to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs.(h)Permittees may propose the use of mitigation banks,in-lieu fee programs,or permittee- responsible mitigation.When developing a compensatory mitigation proposal,the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources,permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee.For permittee-responsible mitigation,the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project,and, if required,its long-term management. (i)Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way,mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures.To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25.Water Quality.Where States and authorized Tribes,or EPA where applicable,have not previously certified compliance of an NWP with CWA section 401,individual 401 Water Quality Certification must be obtained or waived(see 33 CFR 330.4(c)).The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26.Coastal Zone Management.In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence,an individual state coastal zone management consistency concurrence must be obtained,or a presumption of concurrence must occur(see 33 CFR 330.4(d)).The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27.Regional and Case-By-Case Conditions.The activity must comply with any regional conditions that may have been added by the Division Engineer(see 33 CFR 330.4(e))and with any case specific conditions added by the Corps or by the state,Indian Tribe,or U.S. EPA in its section 401 Water Quality Certification,or by the state in its Coastal Zone Management Act consistency determination. 8 28.Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited,except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,with associated bank stabilization authorized by NWP 13,the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification,the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer.A copy of the nationwide permit verification must be attached to the letter,and the letter must contain the following statement and signature: "When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred,the terms and conditions of this nationwide permit, including any special conditions,will continue to be binding on the new owner(s)of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions,have the transferee sign and date below." (Transferee) (Date) 30.Compliance Certification.Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee- responsible mitigation,including the achievement of ecological performance standards,will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a)A statement that the authorized activity was done in accordance with the NWP authorization, including any general,regional, or activity- specific conditions;(b)A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements,the certification must include the documentation required by 33 CFR 332.3(1)(3)to confirm that the permittee secured the appropriate number and resource type of credits; and(c)The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation,whichever occurs later. 31.Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers(USACE)federally authorized Civil Works project(a "USACE project"),the prospective permittee must submit a pre-construction notification. See paragraph (b)(10)of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter,occupy,or use the USACE project,and the•district engineer issues a written NWP verification. 32. Pre-Construction Notification.(a)Timing. Where required by the terms of the NWP,the prospective permittee must notify the district engineer by submitting a pre-construction notification(PCN)as early as possible.The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and,if the PCN is determined to be incomplete,notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete.The request must specify the information needed to make the PCN complete.As a general rule,district engineers will 9 request additional information necessary to make the PCN complete only once.However, if the prospective permittee does not provide all of the requested information,then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer.The prospective permittee shall not begin the activity until either: (1)He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer;or (2)45 calendar days have passed from the district engineer's receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer.However,if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity,or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties,the permittee cannot begin the activity until receiving written notification from the Corps that there is"no effect"on listed species or"no potential to cause effects"on historic properties,or that any consultation required under Section 7 of the Endangered Species Act(see 33 CFR 330.4(f))and/or section 106 of the National Historic Preservation Act(see 33 CFR 330.4(g))has been completed.Also,work cannot begin under NWPs 21,49,or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP,the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN,the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee's right to proceed under the NWP may be modified,suspended,or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b)Contents of Pre-Construction Notification:The PCN must be in writing and include the following information: (1)Name,address and telephone numbers of the prospective permittee; (2)Location of the proposed activity; (3)Identify the specific NWP or NWP(s)the prospective permittee wants to use to authorize the proposed activity; (4)A description of the proposed activity; the activity's purpose;direct and indirect adverse environmental effects the activity would cause,including the anticipated amount of loss of wetlands, other special aquatic sites,and other waters expected to result from the NWP activity,in acres, linear feet,or other appropriate unit of measure;a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity;and any other NWP(s), regional general permit(s),or individual permit(s)used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification.The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects,the PCN must include the quantity of anticipated losses of wetlands,other special aquatic sites,and other waters for each single and complete crossing of those wetlands,other special aquatic sites,and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity(e.g.,a conceptual plan),but do not need to be detailed engineering plans); (5)The PCN must include a delineation of wetlands,other special aquatic sites,and other waters,such as lakes and ponds,and perennial, intermittent,and ephemeral streams,on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps.The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site,but there may be a delay if the Corps does the delineation,especially if the project site is 10 large or contains many wetlands,other special aquatic sites,and other waters.Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps,as appropriate; (6)If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required,the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied,or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required.As an alternative,the prospective permittee may submit a conceptual or detailed mitigation plan. (7)For non-Federal permittees,if any listed species or designated critical habitat might be affected or is in the vicinity of the activity,or if the activity is located in designated critical habitat, the PCN must include the name(s)of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification,Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8)For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on,or potentially eligible for listing on, the National Register of Historic Places,the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification,Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9)For an activity that will occur in a component of the National Wild and Scenic River System,or in a river officially designated by Congress as a"study river"for possible inclusion in the system while the river is in an official study status,the PCN must identify the Wild and Scenic River or the"study river"(see general condition 16);and (10)For an activity that requires permission from the Corps pursuant to 33 U.S.C.408 because it will alter or temporarily or permanently occupy or use a U.S.Army Corps of Engineers federally authorized civil works project,the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c)Form of Pre-Construction Notification:The standard individual permit application form(Form ENG 4345)may be used,but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs(b)(1)through(10)of this general condition.A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d)Agency Coordination: (1)The district engineer will consider any comments from Federal and state agencies concerning the proposed activity's compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity's adverse environmental effects so that they are no more than minimal. (2)Agency coordination is required for: (i)all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii)NWP 21, 29,39,40,42,43,44,50, 51,and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed;(iii)NWP 13 activities in excess of 500 linear feet,fills greater than one cubic yard per running foot,or involve discharges of dredged or fill material into special aquatic sites; and(iv)NWP 54 activities in excess of 500 linear feet,or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3)When agency coordination is required,the district engineer will immediately provide(e.g.,via e-mail,facsimile transmission,overnight mail,or other expeditious manner)a copy of the complete PCN to the appropriate Federal or state offices(FWS, state natural resource or water quality agency,EPA,and,if appropriate,the NMFS). With the exception of NWP 37,these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone,facsimile transmission,or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse 11 environmental effects will be more than minimal. If so contacted by an agency,the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity's compliance with the terms and conditions of the NWPs,including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency,except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies' concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified,suspended,or revoked in accordance with the procedures at 33 CFR 330.5. (4)In cases of where the prospective permittee is not a Federal agency,the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations,as required by section 305(b)(4)(B)of the Magnuson-Stevens Fishery Conservation and Management Act.(5)Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. District Engineer's Decision: 1. In reviewing the PCN for the proposed activity,the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP,the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP,unless he or she determines, after considering mitigation,that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit,as provided for in NWPs 13,21,29,36,39,40,42,43,44,50, 51,52,or 54,the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit(i.e.,NWPs 21,29, 39,40,42,43,44,50,51, and 52),the loss of intermittent and ephemeral stream bed,plus any other losses of jurisdictional waters and wetlands,cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors,such as the environmental setting in the vicinity of the NWP activity,the type of resource that will be affected by the NWP activity,the functions provided by the aquatic resources that will be affected by the NWP activity,the degree or magnitude to which the aquatic resources perform those functions,the extent that aquatic resource functions will be lost as a result of the NWP activity(e.g.,partial or complete loss),the duration of the adverse effects(temporary or permanent),the importance of the aquatic resource functions to the region (e.g.,watershed or ecoregion),and mitigation required by the district engineer.If an appropriate functional or condition assessment method is available and practicable to use,that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3.If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands,the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts,or 12 for impacts to other types of waters(e.g.,streams).The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed.If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal,after considering mitigation,the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary.Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States,unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation.If the prospective permittee elects to submit a compensatory mitigation plan with the PCN,the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity(after consideration of the mitigation proposal)are determined by the district engineer to be no more than minimal,the district engineer will provide a timely written response to the applicant.The response will state that the NWP activity can proceed under the terms and conditions of the NWP,including any activity-specific conditions added to the NWP authorization by the district engineer.4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal,then the district engineer will notify the applicant either: (a)that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit;(b)that the activity is authorized under the NWP subject to the applicant's submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal;or(c)that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects,the activity will be authorized within the 45-day PCN period(unless additional time is required to comply with general conditions 18,20,and/or 31,or to evaluate PCNs for activities authorized by NWPs 21,49, and 50),with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required,no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1.District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP.2.NWPs do not obviate the need to obtain other federal,state,or local permits, approvals,or authorizations required by law. 3.NWPs do not grant any property rights or exclusive privileges. 4.NWPs do not authorize any injury to the property or rights of others. 5.NWPs do not authorize interference with any existing or proposed Federal project(see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State,unless specified. 1. Proiect Drawings:Drawings must be submitted with pre-construction notification(PCN). Drawings must provide a clear understanding of the proposed project,and how waters of the U.S.will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions(manmade and landscape features)must be drawn to scale. 13 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands,bogs and peatlands,aspen-dominated wetlands,alkali wetlands,vernal pools,camas prairie wetlands,estuarine wetlands,wetlands in coastal lagoons,and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP,except by the following NWPs: NWP 3 — Maintenance NWP 20 — Response Operations for Oil and Hazardous Substances NWP 32 — Completed Enforcement Actions NWP 38 — Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection,prospective permittees must submit a PCN to the Corps of Engineers(see NWP general condition 32)and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas(WRIAs) 8,9, 10, 11 and 12 (within the areas identified on Figures 1a through le on Corps website)cannot be authorized by NWP. 4. Commencement Bay:The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area(see Figure 2 on Corps website): NWP 12—Utility Line Activities(substations) NWP 13—Bank Stabilization NWP 14—Linear Transportation Projects NWP 23 —Approved Categorical Exclusions NWP 29—Residential Developments NWP 39—Commercial and Institutional Developments NWP 40—Agricultural Activities NWP 41 —Reshaping Existing Drainage Ditches NWP 42—Recreational Facilities NWP 43—Stormwater and Wastewater Management Facilities S.Bank Stabilization:All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers(see NWP general condition 32)_For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s)being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area,including vegetation impacts in the waterbody. In addition to a. through d.,the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6.Crossings of Waters of the United States: Any project including installing,replacing,or modifying crossings of waters of the United States,such as culverts or bridges,requires submittal of a PCN to the Corps of Engineers(see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines(2013),or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied 14 for a culvert where salmonid species are present or could be present,the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic,ecologic,and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks,creeks,rivers, and historical waters of the U.S.that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation:Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation),compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet,the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters,lakes,and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S.exceed six months,the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act—Essential Fish Habitat Essential Fish Habitat(EFH)is defined as those waters and substrate necessary to fish for spawning, breeding,feeding,or growth to maturity. If EFH may be adversely affected by a proposed activity,the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s)of essential fish habitat(i.e.,Pacific salmon,groundfish,and/or coastal-pelagic species)that may be affected. If the Corps of Engineers determines the project will adversely affect EFH,consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity,Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10.Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows,or when forage fish are not spawning. If working outside of a designated work window,or if forage fish work windows are closed year round,work may occur if the work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife(WDFW). Forage fish species with designated in-water work windows include Pacific sand lance(Ammodvtes hexapterus),Pacific herring(Clupea pallasi),and surf smelt(Hypomesus pretiosus). This RGC does not 15 apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter,conditions,and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans,approvals,and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation(including submerged aquatic vegetation)to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S.may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer(temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre- project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number,spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts,may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV)that are more than minimal,a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period,contingencies must be implemented,and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: none E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts' Regional permit conditions,the following State General Section 401 Water Quality Certification(Section 401)conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or 16 activities authorized under NWPs that will cause,or may be likely to cause or contribute to an exceedance of a State water quality standard(Chapter 173-201A WAC)or sediment management standard(Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology's website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark(OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d)listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d)listed segment of a waterbody,visit Ecology's Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review,applicants must provide Ecology with a Joint Aquatic Resources Permit Application(JARPA)along with the documentation provided to the Corps,as described in National General Condition 32,Pre-Construction Notification,including,when applicable: (a)A description of the project,including site plans,project purpose,direct and indirect adverse environmental effects the project would cause,best management practices(BMPs),and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b)Drawings indicating the Ordinary High Water Mark(OHWM),delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology's Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology's website. (c)A statement describing how the mitigation requirement will be satisfied.A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d)Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions,or notification conditions of the applicable NWP.(e)Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique,difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult,prohibitively expensive,and may not be possible in some landscape settings.Ecology Section 401 review is required for activities in or affecting the following aquatic resources(and not prohibited by Seattle District Regional General Condition): (a)Wetlands with special characteristics(as defined in the Washington State Wetland Rating Systems for western and eastern Washington,Ecology Publications#14-06-029 and#14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b)Fens,aspen-dominated wetlands,camas prairie wetlands. (c)Marine water with eelgrass(Zostera marina)beds(except for NWP 48). (d)Category I wetlands.(e)Category II wetlands with a habitat score >8 points. This State General Condition does not apply to the following Nationwide Permits: 17 NWP 20—Response Operations for Oil and Hazardous Substances, NWP 32—Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable.For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources,adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State,Parts 1 and 2(available on Ecology's website)and shall,at a minimum,include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts(i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished,including construction sequencing,best management practices to protect water quality,proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State—Part 2: Developing Mitigation Plans(Ecology Publication#06-06-011b)and Selecting Wetland Mitigation Sites Using a Watershed Approach(Ecology Publications#09-06-032(Western Washington)and#10-06-007 (Eastern Washington))for guidance on selecting suitable mitigation sites and developing mitigation plans.Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation,and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach,consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology's website. (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days,unless the applicant has received written approval from Ecology.Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction,Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State. (a)For land disturbances during construction,the applicant must obtain and implement permits(e.g., Construction Stormwater General Permit)where required and follow Ecology's current stormwater manual. (b) Following construction,prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology's Stormwater Management and Design Manuals and stormwater permit information are available on Ecology's website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification,the applicant must contact Ecology for Section 401 review prior to commencing work. 18 F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if: 1. The project or activities are below the Ordinary High Water Mark(OHWM)with new work being proposed outside the original footprint. 2. The proposed project or activity increases the original footprint of the structure by more than 1/10th acre in wetlands. 3. The project or activity includes adding a new structure,such as a weir,flap gate/tide gate,or culvert to the site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam,Grays Harbor, Island,Jefferson,King, Kitsap,Mason,Pacific,Pierce, San Juan, Skagit,Snohomish,Thurston,Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition:An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program"Certification of Consistency"form is required for projects located within a coastal county. "Certification of Consistency" forms are available on Ecology's website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program(CZMP). Also,a map of the site location is required. 2. Timing. Within 6 months from receipt of the necessary data and information,Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period,concurrence with the CZMP is presumed. General Conditions: For Federal Permittees(Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination,information,and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information,Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period,concurrence with the CZMP is presumed. 19