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Printed on Recycled Paper Award Date: July 8, 2019 CAG-19-175 Awarded to: Sierra Pacific Construction, LLC P.O. Box 620 Maple Valley, WA. 09038 City of Renton Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 Project No. SWP-27-2057 June 2019 City of Renton 1055 South Grady Way Renton WA 98057 Project Manager: Ken Srilofung 425-430-7247 Bidding Requirements, City of Renton Forms, Contract Forms, Conditions of the Contract, Plans and Specifications CITYOFRENTONRENTON,WASHINGTONCONTRACTDOCUMENTSfortheMaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2019PROJECTNO.SWP-27-2057June2019BIDDINGREQUIREMENTSCONTRACTFORMSCONDITIONSOFTHECONTRACTSPECIFICATIONSPLANSCITYOfRENTON1055SouthGradyWayRenton,WA98057ePrintedonRecycledPaper Business Address:Contact Info: P.O. Box 620 Main: 206.639.0000 Maple Valley, WA 98038 Email: bsmith@spccllc.com Fax: 425.660.4040 Contractor License (L&I)SIERRPC910R3 Insurance Agent EXP 12/23/19 Bell Anderson Federal Tax ID (EIN)27-1431666 POC: Jennifer Lutz Phone: 425.291.5216 UBI/Sales Tax 602-971-303 Address: 600 SW 39th St Suite 200, Renton WA 98057 Industrial Insurance 188,403-00 Bonding Agent Bell Anderson Employment Security 602667-00-5 POC: Jennifer Lutz Phone: 425.291.5216 State Excise Tax 602-971-303 Address: 600 SW 39th St Suite 200, Renton WA 98057 Reseller Permit DOR Reg A19 5722 18 Surety EXP 02/18/20 American Contractors Indemnity Company POC: Jennifer Lutz (noted above) Phone: 206.291.5216 Address: 600 SW 39th St Suite 200, Renton WA 98057 Owner/Responsible Officers Info:Banking Information: Established--2009 Bank of America Trisha Smith Member 206.730.5983 Phone: 206.358.2670 Brian Smith Member 206.730.8985 Address: 23730 Witte Rd SE, Maple Valley, WA 98038 Address: 23413 SE 225th St, Maple Valley WA Account # 21352810 Credit References: Cat Financial Ernies Fuel CarQuest 2120 West End Ave 28727 Pac Hwy S PO Box 220 Nashville TN, 37203 Federal Way WA 98003 Duvall, WA 98109 Phone: 800.651.0567 Phone: 253.946.1110 Phone: 425.788.1578 Fax: 615.341.8578 Fax: 253.529.7147 Fax: 425.844.0297 Customer #353519 POC: Dave Olson POC: Bill Other: L&I EMR 2019: .82, 2018: .91, 2017: .87, 2016: .88, 2015: .72, 2014: .76, 2013: .86, 2012: .90, 2011: 1.0, 2010: 1.0 & 2009: 1.0 Standard Classification Indusrial Code Number (SIC): CC01 USDOT #2493723 Registered Side Sewer Contractor for City of Seattle Level U Fire Sprinkler Contractor #6787-1008-D Dun & Bradstreet #033511699 Phone General Superintendant: Erik Backstrom 206.714.9755 Responsible Officer:Brian Smith 206.730.8985 Job Foreman:Doug Margullis 206.819.2426 WA UBI No. 602 971 303 Business type Limited Liability Company Governing persons TRISHA R SMITH BRIAN SMITH; Owner or tradesperson Principals SMITH, BRIAN TODD, PARTNER/MEMBER SMITH, TRISHA RAY, PARTNER/MEMBER Doing business as SIERRA PACIFIC CONST LLC PO BOX 620 MAPLE VALLEY, WA 98038 206-730-8985 KING County CBIC Bond account no. SI4831 $12,000.00 Received by L&I 12/23/2009 Effective date 12/22/2009 Expiration date Until Canceled Ohio Security Ins Co Policy no. BKS54342003 $1,000,000.00 Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. SIERRPC910R3 Effective — expiration 12/23/2009— 12/23/2019 SIERRA PACIFIC CONST LLC Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent Not allowed to have apprentices. License Verify the contractor’s active registration / license / certification (depending on trade) and any past violations. Bond Insurance Home Español Contact Safety & Health Claims & Insurance Workplace Rights Trades & Licensing Help us improve Search L&I A-Z Index Help My L&I Received by L&I 11/14/2018 Effective date 12/22/2012 Expiration date 12/22/2019 L&I Account ID 188,403-00 Account is current. © Washington State Dept. of Labor & Industries. Use of this site is subject to the laws of the state of Washington. Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers’ comp Do you know if the business has employees? If so, verify the business is up-to-date on workers’ comp premiums. Doing business as SIERRA PACIFIC CONSTRUCTION Estimated workers reported Quarter 1 of Year 2019 ''4 to 6 Workers'' L&I account contact T4 / TERRI MADISON (360)902-4654 - Email: KIRT235@lni.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training– Effective July 1, 2019 Exempt from this requirement. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. Help us improve 03 Contents-2019-Maplewd\ CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 201 9 SWP-27-2057 CONTRACT DOCUMENT TABLE OF CONTENTS Summary of Fair Practices Policy Summary of Americans with Disability Act Policy Scope of Work Location Figures Instructions to Bidders Call for Bids Contract Section *Bid Bond Form *Dept. of Labor and Industries Certificate Registration *Proposal and Combined Affidavit & Certificate Form: (Non-Collusion, Anti-Trust Claims, Minimum Wage) *Schedule of Prices *Acknowledgement of Receipt of Addenda *Certification of Compliance with Wage Payment Statues Bond to the City of Renton Fair Practices Policy Affidavit of Compliance Contract Agreement (Contracts other than Federal – Aid FHWA) Retainage Selection Insurance Requirements Wash.State Statement of Intent to Pay Prevailing Wages, Affidavit of Prevailing Wages Paid Wash. State Prevailing Hourly Wage Rates Reference Renton Certificate of Payment of Prevailing Wages City of Renton SPECIAL PROVISIONS WSDOT Amendments Reference Maplewood Creek Permits (HPA, Army Corps, Dept. of Ecology) Madsen Creek Permits (HPA, Army Corps, Dept. of Ecology) Traffic Control Information Maplewood Creek Basin 1999 Cleaning Memo and Current Photos Madsen Creek Cleaning and Current Photos Maplewood Reference Plans: 1996 Sediment Basin, Flow Splitter Plans (partial set) Construction Plans (reduced 11x17) Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * Submit with Bid Submit after Notice of Award CITY OF RENTON - Public Works Department 06a-Scope 2019\ CITY OF RENTON Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 SWP-27-2057 SCOPE OF WORK The work involved under the terms of this contract document shall be full and complete installation of the facilities, as shown on the plans and as described in the construction specifications, to include but not be limited to: Removing accumulated sediment from the Maplewood Creek Sediment Basin and the Madsen Creek Sediment Basin including: Constructing a flow bypass dam and diverting each creek into an existing bypass pipe, Removing approximately 1,000 cubic yards of sediment from each basin, Hauling and disposing of the sediment off-site, Removing and adjusting rock berms, Restoring flow to the sediment basin and removing the bypass dam, Vegetation and channel maintenance in the Maplewood channel, Restoration, hydroseeding and cleanup at each basin. The Contractor shall comply with the requirements of the Washington State Hydraulic Project Approvals, and Army Corps of Engineers Nationwide Permits. The estimated project cost is $110,000 to $160,000. A total of 25 working days is allowed for completion of the project. For Bid Item Descriptions see Special Provisions Section 1-09.14 Any contractor connected with this project shall comply with all federal, state, county, and city codes and regulations applicable to such work and perform the work in accordance with the plans and specifications of this contract document. INSTRUCTIONS TO BIDDERS 1. Sealed bids for this proposal will be received by the City of Renton at the office of the Renton City Clerk, Renton City Hall, until the time and date specified in the Call for Bids. At this time the bids will be publicly opened and read, after which the bids will be considered and the award made as early as practicable. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. 2 Any omissions, discrepancies or need for interpretation should be brought, in writing, to the attention of the Project Engineer. Written addenda to clarify questions that arise may then be issued. No oral statements by Owner, Engineer, or other representative of the owner shall, in any way, modify the contract documents, whether made before or after letting the contract. Questions received less than 4 business days prior to the date of sealed bid submittal may not be answered. The City will not be responsible for other explanations or interpretations of the bid documents. 3 The work to be done is shown in the plans and / or specifications. Quantities are understood to be only approximate. Final payment will be based on actual quantities and at the unit price bid. The City reserves the right to add or to eliminate portions of that work as deemed necessary. 4. Plans may be examined and copies obtained at the Public Works Department Office. Bidders shall satisfy themselves as to the local conditions by inspection of the site. 5. The bid price for any item must include the performance of all work necessary for completion of that item as described in the specifications. 6. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors, the unit price bid will govern. Illegible figures will invalidate the bid. 7. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 8. A certified check or satisfactory bid bond made payable without reservation to the Director of Finance of the City of Renton in an amount not less than 5% of the total amount of the bid shall accompany each bid proposal. Checks will be returned to unsuccessful bidders immediately following the decision as to award of contract. The check of the successful bidder will be returned provided he enters into a contract and furnishes a satisfactory performance bond covering the full amount of the work within ten days after receipt of notice of intention to award contract. Should he fail, or refuse to do so, the check shall be forfeited to the City of Renton as liquidated damage for such failure. 9. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. 10. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily perform the work. 11. Payment for this work will be made by check or electronic transfer 12. The contractor shall obtain such construction insurance (e.g. fire and extended coverage, worker's compensation, public liability, and property damage as identified within Special Provisions, Specification Section 1-07.18 “Public Liability and Property Damage Insurance”. 13. The contractor, prior to the start of construction, shall provide the City of Renton a detailed bar chart type construction schedule for the project. 14. Before starting work under this contract, the Contractor is required to supply information to the City of Renton on all chemical hazards Contractor is bringing into the work place and potentially exposing City of Renton Employees. 15. Payment of retainage shall be done in accordance with Section 1-09.9(1) "Retainage”. 16. Basis For Approval The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedules items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the Bid to meet the needs of the City. The intent is to award to only one BIDDER. 17. Trench Excavation Safety Systems As required by RCW 39.04.180, on public works projects in which trench excavation will exceed a depth of four feet, any contract therefor shall require adequate safety systems for the trench excavation that meet the requirements of the Washington Industrial Safety and Health Act, Chapter 49.17 RCW. These requirements shall be included in the Bid Schedule as a separate item. The costs of trench safety systems shall not be considered as incidental to any other contract item and any attempt to include the trench safety systems as an incidental cost is prohibited. 18. Payment of Prevailing Wages In accordance with Revised Code of Washington Chapters 39.12 and 49.28 as amended or supplemented herein, there shall be paid to all laborers, workmen or mechanics employed on this contract the prevailing rate of wage for an hour's work in the same trade or occupation in the area of work regardless of any contractual relationship which may exist, or be alleged to exist, between the CONTRACTOR and any laborers, workmen, mechanics or subconsultants. The most recent issue of the prevailing wage rates are included within these specifications under section titled “Prevailing Minimum Hourly Wage Rates”. The Contractor is Responsible for obtaining updated issues of the prevailing wage rate forms as they become available during the duration of the contract. The wage rates shall be included as part of any subcontracts the Contractor may enter into for work on this project. 19. Pollution Control Requirements Work under this contract shall meet all local, state and federal requirements for the prevention of environmental pollution and the preservation of public natural resources. The CONTRACTOR shall conduct the work in accordance with all applicable pollution control laws. The CONTRACTOR shall comply with and be liable for all penalties, damages, and violations under Chapter 90.48 RCW, in performance of the work. The CONTRACTOR shall also comply with Article 4 in the Puget Sound Air Pollution Control Agency Regulation III regarding removal and encapsulation of asbestos materials. 20. Standard Specifications All work under this contract shall be performed in accordance with the following standard specifications except as may be exempted or modified by the City of Renton Supplemental Specifications, Special Provisions other sections of these contract documents. These standard specifications are hereby made a part of this contract and shall control and guide all activities within this project whether referred to directly, paragraph by paragraph, or not. 1. WSDOT/APWA "2018 Standard Specifications for Road, Bridge and Municipal Construction" and "Division 1 APWA Supplement" hereinafter referred to by the abbreviated title "Standard Specifications." A. Any reference to "State," "State of Washington," "Department of Transportation," "WSDOT," or any combination thereof in the WSDOT/APWA standards shall be modified to read "City of Renton," unless specifically referring to a standard specification or test method. B. All references to measurement and payment in the WSDOT/APWA standards shall be detected and the measurement and payment provisions of Section 1-09.14, Measurement and Payment (added herein) shall govern. 21. If a soils investigation has been completed, a copy may be included as an appendix to this document. If one has not been provided for this project by the City or Engineer, the Bidders shall familiarize themselves adequately with the project site and existing subsurface condition as needed to submit their bid. Upon approval of the City, the Bidder may make such subsurface explorations and investigations as they see fit. The Bidder shall be responsible for protection of all existing facilities, utilities and other buried or surface improvements and shall restore the site to the satisfaction of the City. 22. Bidder’s Checklist It is the responsibility of each bidder to ascertain if all the documents listed on the attached index are included in their copy of the bid specifications. If documents are missing, it is the sole responsibility of the bidder to contact the City of Renton to obtain the missing documents prior to bid opening time. Have you submitted, as part of your bid, all documents marked in the index as “Submit With Bid”? Has bid bond or certified check been enclosed? Is the amount of the bid guaranty at least 5 percent of the total amount of bid including sales tax? Has the proposal been signed? Have you bid on ALL ITEMS and ALL SCHEDULES? Have you submitted Certification of Compliance with Wage Payment Statutes Form? Have you reviewed the Prevailing Wage Requirements? Have you submitted Dept. of Labor and Industries Certificate of Registration Form? Have you certified Receipt of Addenda, if any? CAG-19-175CITYOFRENTONCALLFORBIDSMaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2019SWP-27-2057Sealedbidswillbereceiveduntil2:30p.m.Monday,July1,2019,attheCityClerk’soffice,7thfloorandwillbeopenedandpubliclyreadinConferenceRoom#511onthe5thfloor,RentonCityHall,1055SouthGradyWay,RentonWA92057,fortheMapewoodCreekandMadsenCreekSedimentBasinCleaningProject2019.Theworktobeperformedwithin25workingdaysfromthedateofcommencementunderthiscontractshallinclude,butnotbelimitedto:RemovingaccumulatedsedimentfromtheMaplewoodCreekSedimentBasinandMadsenCreekSedimentBasinapproximately1,000cubicyardsfromeachbasin.Otherworksincludeconstructingaflowbypassdamanddivertingeachcreekintoanexistingbypasspipe,haulinganddisposingofthesedimentoff-site,removingandadjustingrockberms,restoringflowtothesedimentbasinandremovingthebypassdam,vegetationandchannelmaintenanceintheMaplewoodchannel,restoration,hydroseedingandcleanupateachbasin.TheContractorwillneedtocomplywiththerequirementsoftheWashingtonStateHydraulicProjectApproval,andArmyCorpsofEngineersNationwidePermits.Theestimatedprojectcostis$110,000to$160,000.TheCityreservestherighttorejectanyand/orallbidsandtowaiveanyand/orallinformalities.BiddocumentswillbeavailableJune14,2019.Plans,specifications,addenda,andtheplanholderslistforthisprojectareavailableon-linethroughBuildersExchangeofWashington,Inc.,athttp://www.bxwa.com.Clickon“bxwa.com”;“PostedProjects”,“PublicWorks”,“CityofRenton”,“Project’sBidding”.(Note:Biddersareencouragedto“RegisterasaBidder,”inordertoreceiveautomaticemailnotificationoffutureaddendaandtobeplacedonthe“BiddersList.”).Shouldyourequiredfurtherassistance,contactBuilderExchangeofWashingtonat(425)258-1303.BiddersarenottocontacttheCityofRentonortheEngineertoobtainbiddingdocuments.Questionsabouttheprojectshallbeaddressedto,KenSrilofung,CityofRenton,PublicWorksDept.,1055GradyWay,FifthFloor,Renton,WA,98057,phone(425)430-7247,fax(425)430-7241.Acertifiedcheckorbidbondintheamountoffivepercent(5%)ofthetotalofeachbidmustaccompanyeachbid.TheCity’sFairPractices,Non-Discrimination,andAmericswithDisabilityActPoliciesshallapply.Jso\.Seth,CMC,CityClerkPublished:DailyJournalofCommerceJune17,2019DailyJournalofCommerceJune24,2019 t.(‘ProposalBidBondKNOWALLMENBYTHESEPRESENTS,Thatwe,[Contractor]SierraPacificConstructionLLC____________________of[address]PCBox620MapleValley,WA98038asPrincipal,and[Surety]AmericanContractorsIndemnityCompanyacorporationdulyorganizedunderthelawsoftheStateofCaliforniaandauthorizedtodobusinessintheStateofWashington,asSurety,areheldandfirmlybounduntotheCityofRentoninthesumoffive(5)percentofthetotalamountofthebidproposalofsaidPrincipalfortheworkhereinafterdescribed,forthepaymentofwhich,wellandtrulytobemade,webindourselves,ourheirs,executors,administratorsandassigns,andsuccessorsandassigns,jointlyandseverally,firmlybythesepresents.Theconditionofthisbondissuch,thatwhereasthePrincipalhereinisherewithsubmittinghis/heroritssealedproposalforthefollowingproject,towit:MaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2019SWP-27-2057saidbidandproposal,byreferencethereto,beingmadeaparthereof.NOW,THEREFORE,ifthesaidproposalbidbysaidPrincipalbeaccepted,andthecontractbeawardedtosaidPrincipal,andifsaidPrincipalshalldulymakeandenterintoandexecutesaidcontractandshallfurnishperformancebondasrequiredbytheCityofRentonwithinaperiodoften(10)daysfromandaftersaidaward,exclusiveofthedayofsuchaward,thenthisobligationshallbenullandvoid,otherwiseitshallremainandbeinfullforceandeffect.INTHEEVENTthePrincipal,followingaward,failstoexecuteanAgreementwiththeCityofRentoninaccordancewiththetermsoftheProposalandfurnishaperformancebondwithSuretyorSuretiesapprovedbytheCityofRentonwithinten(10)daysfromandaftersaidaward,thenPrincipalshallforfeittheBidBond/BidProposalDepositorSuretyshallimmediatelypayandforfeittotheCityofRentontheamountoftheProposalBidBond,assetforthinRCW35A.40.200andRCW35.23.352.INTESTIMONYWHEREOF,thePrincipalandSuretyhavecausedthesepresentstobesignedandsealedthis27thdayofJune,2019SierraPacificConstructionLLCAmericanContractorsIndemnityCompany[Principal][Surety][Signatureofauthorizedofficial][Signatureofauthorizedofficial]MemberBy:JenniferD.Lutz[Title][Attorney-in-Fact]600SW39thStreetSuite200[Address]Renton,WA98057800-442-1281[TelephoneNumber]ApprovedbythecityAttorneyon6/03/13 POWEROfATTORNEYAMERICANCONTRACTORSINDEMNITYCOMPANYTEXASBONDINGCOMPANYUNITEDSTATESSURETYCOMPANYU.S.SPECIALTYINSURANCECOMPANYKNOWALLMENBYTHESEPRESENTS:ThatAmericanContractorsIndemnityCompany,aCaliforniacorporation,TexasBondingCompany,anassmnednameofAmericanContractorsIndemnityCompany,UnitedStatesSuretyCompany,aMarylandcorporationandU.S.SpecialtyInsuranceCompany,aTexascorporation(collectively,the“Companies”),dobythesepresentsmake,constituteandappoint:JenniferD.Lutz,KoriWhiteorKristinJacksonofRentonWashingtonitstrueandlawfulAttorney(s)-in-fact,eachintheirseparatecapacityifmorethanoneisnamedabove,withfullpowerandauthorityherebyconferredinitsname,placeandstead,toexecute,acknowledgeanddeliveranyandallbonds,recognizancesundertakingsorotherinstrumentsorcontractsofsuretyshiptoincluderiders,amendments,andconsentsofsurety,providingthebondpenaltydoesnotexceed*****ThreeMillion*****Dollars(S**3,000,000.oo**).ThisPowerofAttorneyshallexpirewithoutfurtheractiononNovember3,2019.ThisPowerofAttorneyisgrantedunderandbyauthorityofthefollowingresolutionsadoptedbytheBoardsofDirectorsoftheCompanies:BeitResolved,thatthePresident,anyVice-President,anyAssistantVice-President,anySecretaryoranyAssistantSecretaryshallbeandisherebyvestedwithfullpowerandauthoritytoappointanyoneormoresuitablepersonsasAttomey(s)-in-FacttorepresentandactforandonbehalfoftheCompanysubjecttothefollowingprovisions:Attorney-in-FactmaybegivenfullpowerandauthorityforandinthenameofandonbehalfoftheCompany,toexecute,acknowledgeanddeliver,anyandallbonds,recognizances,contracts,agreementsorindemnityandotherconditionalorobligatoryundertakings.includinganyandallconsentsforthereleaseofretainedpercentagesand/orfinalestimatesonengineeringandconstructioncontracts,andanyandallnoticesanddocumentscancelingorterminatingtheCompany’sliabilitythereunder,andanysuchinstrumentssoexecutedbyanysuchAttorney-in-factshallbebindingupontheCompanyasifsignedbythePresidentandsealedandeffectedbytheCorporateSecretary.BeitResolved,thatthesignatureofanyauthorizedofficerandsealoftheCompanyheretoforeorhereafleraffixedtoanypowerofattorneyoranycertificaterelatingtheretobyfacsimile,andanypowerofattorneyorcertificatebearingfacsimilesignatureorfacsimilesealshallbevalidandbindingupontheCompanywithrespecttoanybondorundertakingtowhichitisattached.INWITNESSWHEREOF,TheCompanieshavecausedthisinstrumenttobesignedandtheircorporatesealstobeheretoaffixed,this1stdayofNovember,2016.AMERICANCONTRACTORSINDEMNITYCOMPANYTEXASBONDINGCOMPANYUNITEDSTATESSURETYCOMPANYU.S.SPECIALTYINSURANCECOMPANYCorporateSealsBy:_?DanielP.Aguilar,VicePUitAnotarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocumenttowhichthiscertificateisattached,andnotthetruthfitlness,accuracy,orvalidityofthatdocument.StateofCaliforniaCountyofLosAngelesSS:Onthis1stdayofNovember,2016,beforeme,SabinaMorgenstein,anotarypublic,personallyappearedDanielP.Aguilar,VicePresidentofAmericanContractorsIndemnityCompany,TexasBondingCompany,UnitedStatesSuretyCompanyandU.S.SpecialtyInsuranceCompanywhoprovedtomeonthebasisofsatisfactoryevidencetobethepersonwhosenameissubscribedtothewithininstrumentandacknowledgedtomethatheexecutedthesameinhisauthorizedcapacity,andthatbyhissignatureontheinstrumenttheperson,ortheentityuponbehalfofwhichthepersonacted,executedtheinstrument.IcertifyunderPENALTYOfPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.WITNESSmyhandandofficialseal.cLSABINAMORGENSTEINCommission#2129258Signature_____________________________________(Seal)NDtryPublic-Cahiornia1,KbLo,AssistantSecretaryofAmericanContractorsIndemnityCompany,TexasBondingCompany,UnitedStatesSuretyCompanyandU.S.SpecialtyInsuranceCompany,doherebycertiIithattheaboveandforegoingisatrueandcorrectcopyofaPowerofAttorney,executedbysaidCompanies,whichisstillinfullforceandeffect;furthermore,theresolutionsoftheBoardsofDirectors,setoutinthePowerofAttorneyareinfullforceandeffect.InWitnessWhereofIhavehereuntosetmyhandandaffixedthesealsofsaidCompaniesatLosAngeles,Californiathis_______dayofJiJ..v.L.,_____CorporateSealsatKioLo,AssistantSecretaryBondNo.1’3IA.AgencyNo.16467 DepartmentofLaborandIndustriesCertificateofRegistrationNameonRegistration:i’/€C;J’cRegistrationNumber:(iiiZiZPYIoR3ExpirationDate:__________________________________________________Note:Acopyofthecertificatewillberequestedaspartofconhactexecutionwhenprojectisawarded. Proposal-Pagelof2CITYOFRENTONMaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2019SWP-27-2057Proposal&CombinedAffidavit&CertificateFormTOTHECITYOFRENTONRENTON,WASHINGTONLadiesand/orGentlemen:Theundersignedherebycertifythatthebidderhasexaminedthesiteoftheproposedworkandhavereadandthoroughlyunderstandtheplans,specificationsandcontractgoverningtheworkembracedinthisimprovement,andthemethodbywhichpaymentwillbemadeforsaidwork,andherebyproposetoundertakeandcompletetheworkembracedinthisimprovement,orasmuchthereofascanbecompletedwiththemoneyavailable,inaccordancewiththesaidplans,specifications,contractandscheduleofprices.Theundersignedfurthercertifiesandagreestothefollowingprovisions:NON-COLLUSIONAFFIDAVITBeingdulysworn,deposesandsays,thatheistheidenticalpersonwhosubmittedtheforegoingproposalorbid,andthatsuchbidisgenuineandnotshamorcollusiveormadeintheinterestoronbehalfofanypersonnotthereinnamed,andfurther,thatthedeponenthasnotdirectlyinducedorsolicitedanyotherBidderontheforegoingworkorequipmenttoputinashambid,oranyotherpersonorcorporationtorefrainfrombidding,andthatdeponenthasnotinanymannersoughtbycollusiontosecuretohimselfortoanyotherpersonanyadvantageoverotherBidderorBidders.ANDCERTIFICATIONRE:ASSIGNMENTOFANTI-TRUSTCLAIMSTOPURCHASERVendorandpurchaserrecognizethatinactualeconomicpracticeoverchargesresultingfromanti-trustviolationsareinfactusuallybornebythepurchaser.Therefore,vendorherebyassignstopurchaseranyandallclaimsforsuchover-chargesastogoodsandmaterialspurchasedinconnectionwiththisorderorcontract,exceptastooverchargesresultingfromanti-trustviolationscommencingafterthedateofthebid,quotation,orothereventestablishingthepriceunderthisorderorcontract.Inaddition,vendorwarrantsandrepresentsthatsuchofhissuppliersandsubcontractorsshallassignanyandallsuchclaimstopurchaser,subjecttotheaforementionedexception.ANDMINIMUMWAGEAFFIDAVITFORMI,theundersigned,havingbeendulysworn,deposed,sayandcertifythatinconnectionwiththeperformanceoftheworkofthisproject,Iwillpayeachclassificationoflaborer,workman,ormechanicemployedintheperformanceofsuchwork;notlessthantheprevailingrateofwageornotlessthantheminimumrateofwagesasspecifiedintheprincipalcontract. Proposal-Page2of2Ihavereadtheaboveandforegoingstatementsandcertificate,knowthecontentsthereofandthesubstanceassetforththereinistruetomyknowledgeandbelief.FOR:PROPOSAL,NONCOLLUSIONAFFIDAVIT,ASSiGNMENTOFANTI-TRUSTCLAIMSTOPURCHASERANDMINIMUMWAGEAFFIDAVIT(;c,w.ifo.ic4i.’cJ:...NameofBiddersFirm(3q,%crb%;Address:PI3ciCZO-ContactName(pleaseprint):g.—Phone:ZO13oS”15___________________________NamesofMembersofPartnership:OR-Ik.t3(.NameofPresidentofCorporationNameofSecretaryofCorporationCorporationOrganizedunderthelawsofWithMainOfficeinStateofWashingtonatSubscribedandsworntobeforemeonthis/‘dayof)LLII..%.,ZZ2J7d%kPrintedName:Signature:jrt.nIc‘1IIw..tEmail:i-pccIIc• CITYOFRENTONSCHEDULEOFPRICESMaplewoodCreek&MadsenCreekSedimentBasinCleaningProject-2019SWP-27-2057(SalesTaxRule170AppliesToThisProject)SEESECTION1-O914OFTHESPECIALPROVISIONSFORBIDITEMS.“Note:ShowUNITPRICEandTOTALAMOUNTinFIGURESonlyITEM1APPROX.UNITPRICE*FTOTALAMOUNT*NO._jITEMWITHUNITPRICEDBIDQUANTITYDollarsCentsDollarsCentsMaplewoodCreekSedimentBasinA-iMobilization1—/797.ILSPerLSA-2ConstructionSurveying,Staking.As-built1—i.litLSPerLSA-3ConstructBypassDam,Diversion,Fish—,ooo00/1“1Rescue,andDrainBasinLSPerLS—A-4Remove,Haul,andDisposeofSediment1—%“7,tDOllYi,000CQ/LSPerLSA-5RefillBasin,RemoveDam,RestoreBank1—5’00‘fiYJOco/LSPerLSA-6RemoveandAdjustExistingRockBermsi—00/,(a:’/LSPerLSChannelVegetation,BranchandWoodA-7DebrisRemoval1—‘t,)DOLSPerLSif,A-8Hydroseeding4,000“SFPerSFA-9MinorChanges1$5,000.00$5,000.00LSPerLSMadsenCreekSedimentBasinB-iMobilization1—C,cO°/LSPerLS10•/B-2TemporaryTrafficControl1LSPerLSB-3ConstructionSurveying,Staking,As-builti—/ift’0“1,1COLSPerLSScheduleofPricesPage1of2 CITYOFRENTONSCHEDULEOFPRICESMaplewoodCreek&MadsenCreekSedimentBasinCleaningProject-2019SWP-27-2057(SalesTaxRule170AppliesToThisProject)SEESECTION1-09.14OFTHESPECIALPROVISIONSFORBIDITEMS.‘Note:ShowUNITPRICEandTOTALAMOUNTinFIGURESonlyITEMAPPROX.IUNITPRICE*TOTALAMOUNT*NO.ITEMWITHUNITPRICEDBIDQUANTITY!DollarsCentsDollarsCentsB-4ConstructBypassDam,DivertCreek,Fish1—Rescue,andDrainBasinLSPerLSB-5Remove,Haul,andDisposeofSediment1—2,OOt,‘aoLSPerLSB-6RefillBasin.RemoveDam,RestoreBank1OOLSPerLSif/B-7Hydroseeding4200SFPerSFB-8MinorChanges1$5,000.00$5,000.00LSPerLSSubtotal=$t?,,Z?‘‘/,C75O/10.0%SalesTax=$TOTAL=$/1/7,fy(?o/ScheduleofPricesPage2of2 CITYOFRENTONMaplewoodCreekandMadsenCreekSedimentBasinCleaningProject2019SWP-27-2057ACKNOWLEDGEMENTOFRECEIPTOFADDENDABysigningbelow.BidderacknowledgesreceiptandunderstandingofthefollowingAddenda:ACKNOWLEDGEMENTOFRECEIPTOfADDENDANO.,vIIDATE:__________________NO._____DATE:_________________NO.______DATE:___________________NO._____DATE:________________NO._____DATE:___________________SIGNED:________________________TITLE:__________________________NAIVIEOFCOMPANY:(.€..,..,i•4..,,I,t.t.ADDRESS:7)oy7OCITY/STATE’ZIP:4i!i4TELEPHONE:ZoCiTOSI’1 ThisformmustbesubmittedwiththeBidProposalatthetimefordeliveryoftheBidProposal.CertificationofCompliancewithWagePaymentStatutesThebidderherebycertifiesthat,withinthethree-yearperiodimmediatelyprecedingthebidsolicitationdate,thebidderisnota“willful”violator,asdefinedinRCW49.48.082,ofanyprovisionofchapters49.46,49.48,or49.52RCW,asdeterminedbyafinalandbindingcItationandnoticeofassessmentissuedbytheDepartmentofLaborandIndustriesorthroughaciviljudgmententeredbyacourtoflimitedorgeneraljurisdiction.IcertifyunderpenaltyofperjuryunderthelawsoftheStateofWashingtonthattheforegoingistrueandcorrect.(,,r.(onJt)c3:..Bidder’sBusinessName-)--SignatureofAuthorizedOfficial*PrintedNameU’..’W.’)(ITitle,I0’jDate,4-’.pkLlL.,CityStateCheckOne:SoleProprietorshipElPartnership(JointVentureElCorporationElStateofIncorporation,orifnotacorporation,Statewherebusinessentitywasformed:.JAIfaco-partnership,givefirmnameunderwhichbusinessistransacted;*facorporation,proposalmustbeexecutedinthecorporatenamebythepresidentorvice-president(oranyothercorporateofficeraccompaniedbyevidenceofauthoritytosign).Ifaco-partnership,proposalmustbeexecutedbyapartner.TemplateUpdated12/29/2017 14-CONTRACT SECTION-Maplewd\ CONTRACT SECTION INFORMATION ONLY Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 201 9 SWP-27-2057 The contract documents in this section must be executed and submitted by the successful Bidder within ten (10) days following the Notice of Award. Bond to the City of Renton Fair Practices Policy Affidavit of Compliance Contract Agreement (Contracts other than Federal - Aid FHWA) Retainage Selection Cr Y O.� PFNTO÷ AGREEMENT CONTRACT NO. 19-175 THIS AGREEMENT, made and entered into this t �� day of (1-11 ,2019 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and [Enter Contractor name), hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1. Agreement. This agreement incorporates the following documents as if fully set forth herein: the 2018 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications"); the City's Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents in Section 1-04.2 of the Standard Specifications, as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents. 2. Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled MAPLEWOOD CREEK AND MADSEN SEDIMENT BASIN CLEANING PROJECT 2019, SWP-27-2057, [Enter Project number], 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 $142,585.30, unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4. Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5. Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorneys 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 RENTON: President/Partner/Owner De Law, Mayor G t , 4• , ATTEST = S ,, _ * z� r. OA,/ =:- cc') =, * ' :77- * .T. "IL.," Secretary Jason Seth, City Clerk 1grrrrF�5EP'!6`````‘.s FIRM INFORMATION d/b/a [Enter Firm name] t,'(„.e. P.,:f•,. /•»ileso tlr..n CHECK ONE: F4 Limited Liability Company ❑ Partnership ❑ Corporation STATE OF INCORPORATION: Washington CONTRACTOR CONTACT INFORMATION: CITY CONTACT INFORMATION: Sierra Pacific Construction, LLC City of Renton PO Box 620 1055 South Grady Way Maple Valley, WA 98038 Renton, WA 98057 Phone# 206-730-8985 Surface Water Utility, Ken Srilofung, 425-430-7247 Email,Fax bsmith@spccllc.com 425-660-4040 ksrilofung@rentonwa.gov Fax: 425-430-7241 Attention: If business is a CORPORATION,the name of the corporation should be listed in full and both the President and Secretary must sign the contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name. Any one partner may sign the contract. If the business is an limited Liability Company, an authorized managing member or manager must sign followed by his/her title. �yr Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project [Enter Agreement Name] 2019,SWP-27-2057 (Enter Date] 0.Mto? Contract Template Updated 12/29/2017 19a-Insurance Reqmts-Revised 6-17\ Insurance Requirements See City of Renton Insurance Guidelines, sample Acord Certificate, and sample Endorsement form following this page. Also see Special Provisions Section 1-07.18 The ACCORD Certificate holder should be address to: City of Renton ATTN: Ken Srilofung, Surface Water Utility 1055 South Grady Way Renton, WA 98057 Insurance Guidelines for the City of Renton The City of Renton typically requires current insurance certificates for one or more of the following lines of coverage and minimum insurance limits: $1,000,000 per occurrence and $2,000,000 aggregate for Commercial General Liability (CGL) or Special Event coverage. Limits may be increased for higher than usual or special liability exposures. $1,000,000 combined single limit for Auto Liability. Required if a commercial vehicle will be used in performance of work or delivery of products, beyond normal commutes. Proof of Workers’ Compensation coverage, as required by the State of Washington (provide the Washington L&I or excess coverage policy number). Excess Liability or Umbrella. Required only if needed to reach minimum CGL or auto liability coverage limits. $1,000,000 Professional Liability. Required if professional services (e.g. architect, engineering, surveying, legal, or medical) are being provided to the city and if those professional services are excluded from the CGL policy. $1,000,000 Pollution Liability – Required if work involves a pollution risk to the environment. $1,000,000 per occurrence Aircraft Liability (including Property Damage Liability). Required coverage for aircraft tie-down leases. Requirements unique to the City of Renton: Name the City of Renton as a Primary and Non-contributory Additional Insured on the policy (only applies to Commercial General, Auto Liability, Excess/Umbrella, Special Event, and Aircraft Liability policies). The City shall be provided with written notice of any policy cancellation within a minimum of two business days of receipt of such notice by the policy holder. The city does not represent that the minimum required insurance coverage or limits are adequate to protect the vendor/contractor/consultant from all liabilities. Insurance certificate requirements and minimum limits can only be waived or modified with Risk Manager approval. The certificate holder should read: City of Renton ATTN: {enter your City contact’s name here and Department} 1055 South Grady Way Renton, WA. 98057 Direct any questions, comments, or concerns to: Gary B. Lamb, Risk Manager 425.430.7669 - direct 425.430.7665 - fax glamb@rentonwa.gov Revised 5/18/17 07/02/2019 Bell Anderson Agency, Inc. 600 SW 39th St, Suite 200 Renton WA 98057 Jody Hawley (425) 291-5200 (425) 291-5100 jodyh@bell-anderson.com Sierra Pacific Construction LLC PO Box 620 Maple Valley WA 98038 Ohio Security Insurance Company 24082 The Ohio Casualty Insurance Co.24074 CL18121032412 A Y BKS54342003 12/22/2018 12/22/2019 1,000,000 1,000,000 15,000 1,000,000 2,000,000 2,000,000 A Y BAS54342003 12/22/2018 12/22/2019 1,000,000 B 10,000 USO55081636 12/22/2018 12/22/2019 5,000,000 5,000,000 A BKS54342003 (WA Stop Gap)12/22/2018 12/22/2019 1,000,000 1,000,000 1,000,000 [Job #: 2019 SWP-27-3677 Job Type: ] re: Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019 SWP-27-3677, CAG-19-175. The City of Renton is additional insured per the attached endorsement #CG8810 0413 and #AC8501 0618. Waiver of subrogation per the attached endorsement #CG8810 0413. Coverage is primary & non-contributory per the attached endorsement #CG8810 0413. City of Renton 1055 South Grady Way Renton WA 98057 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY – ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 3 ADDITIONAL INSUREDS – BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY – ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS – EXTENDED PROTECTION OF YOUR “LIMITS OF INSURANCE” 6 WHO IS AN INSURED – INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED – FELLOW EMPLOYEE EXTENSION – MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US – 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I – Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY – ELEVATORS 1. Under Paragraph 2. Exclusions of Section I – Coverage A – Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such “property damage” results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV – Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III – Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III – Limits Of Insurance. 2. Paragraph 6. under Section III – Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) W hile rented to you; or (2) W hile rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I – Coverage C – Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS – COVERAGES A AND B 1. Under Supplementary Payments – Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II – Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for “bodily injury”, “property damage” or “personal and advertising injury” caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the “bodily injury” or “property damage” occurs, or the “personal and advertising injury” is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to “bodily injury”, “property damage”, or “personal and advertising injury” arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to “bodily injury” or “property damage” included within the “completed operations hazard”. (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person’s or organization’s status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any “occurrence” which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a “suit” by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV – Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. “Bodily injury” or “property damage” arising from the sole negligence of the additional insured. b. “Bodily injury” or “property damage” that occurs prior to you commencing operations at the location where such “bodily injury” or “property damage” occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR “LIMITS OF INSURANCE” This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or “suit” under this insurance to us; b. Tender the defense and indemnity of any claim or “suit” to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III – Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to “bodily injury” or “personal and advertising injury” caused by an “employee” who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the “employee’s” job responsibilities assigned by you, includes the direct supervision of other “employees” of yours. However, none of these “employees” are insureds for “bodily injury” or “personal and advertising injury” arising out of their willful conduct, which is defined as the purposeful or willful intent to cause “bodily injury” or “personal and advertising injury”, or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your “employee”. K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV – Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior “occurrences” existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior “occurrences” is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV – Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an “occurrence”, offense, claim or “suit” by an agent, servant or “employee” of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II – Who Is An Insured or a person who has been designated by them to receive reports of “occurrences”, offenses, claims or “suits” shall have received such notice from the agent, servant or “employee”. N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V – Definitions, Definition 3. is replaced by the following: 3. “Bodily Injury” means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or “property damage” resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US – WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV – Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Section I – Coverage A - Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I – Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completed operations hazard”, and for medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or “suits” brought; or c. Persons or organizations making claims or bringing “suits”. 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Section I – Coverage A - Bodily Injury And Property Damage Liability, and for all medical expenses caused by accidents under Section I – Coverage C Medical Payments, which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS – PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II – Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for “bodily injury” or “property damage”: 1. Caused by “your work” performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the “products-completed operations hazard”. However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the “bodily injury” or “property damage”. We have no duty to defend an additional insured under this endorsement until we receive written notice of a “suit” by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV – Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I – Coverage A – Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. “Bodily injury” or “property damage” that occurs prior to you commencing operations at the location where such “bodily injury” or “property damage” occurs. 2. “Bodily injury” or “property damage” arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion l. Damage To Your Work of Paragraph 2. Exclusions under Section I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: l. Damage To Your Work “Property damage” to “your work” arising out of it or any part of it and included in the “products- completed operations hazard”. D. With respect to the insurance afforded to these additional insureds, the following is added to Section II – Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by this endorsement, Section IV – Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an “occurrence” or an offense that may result in a claim or “suit” under this insurance to us; b. Tender the defense and indemnity of any claim or “suit” to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a “suit” by the additional insured. 2. Paragraph 4. of Section IV – Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 PREVAILING MINIMUM HOURLY WAGE RATES City of Renton Certification of Payment of Prevailing Wages Form State Intent Example State Affidavit Example Washington State Prevailing Wage Rate Reference DepartmentofLaborandIndustriesPrevailingWage(360)902-5335www.lni.wa.eov/TradesLicensine/PrevWaee•Thisformbetypedorprintedinink.•Fillinallblanksortheformwillbereturnedforcorrection(seeinstructions).•Pleaseallowaminimumof10workingdaysforprocessing.•Onceapproved,yourformwillbepostedonlineatlsttt,s:J/fortress.v’a.pov/lniIpv’iapuh/SearchFor.aspYourCompanyInformationYourCompanyNameABCCompany.Inc.YourAddress1234MainStreetCityStateZip+4OlympiaWA98501-1234YourContractorRegistrationNumberYourUBINumberABCCl0I23AA123456789YourtndustrialInsuranceAccountNumber111,111—IlYourEmailAddress(requiredfornotificationofapproval)YourPhoneNumberprevailingwage@Ini.wa.gov(555)555-5555AdditionalDetailsNOTICE:Iftheprimecontractisatacostofoveronemilliondollars($1,000,000.00),RCW39.04.370requiresyoutocompletetheEHB2805(RCV39.04.370)AddendumandattachittoyourAffidavitofWagesofPaidwhenyourworkontheprojectconcludes.Thisisonlyanotice.TheEHB2805AddendumisnotsubmittedwiththisIntent.SAMPLE-F700-029-000StatementoftntenttoPayPrevaitingWages03-2011STATEMENTOFINTENTTOPAYPREVAILINGWAGESPublicWorksContract$40.00FilingFeeRequiredIntentID#(AssignedbyL&I)________________AwardingAgencyInformationfiProjectNameContractNumberRoadRepair2011-OIBAwardingAeicyContactName‘honeNumberJohnDoe”[L(555)555-5555CountyWhereorkWillBePerformedCityWhereWorkWillBePerformedThurston.IOlympiaA.€ontractDetailsYourExpectedJobStanDate(mm/dd/yyyy)BidDueDate(PrimeContractor’s)AwardDate(PrimeContractor’s)01/01/2011/01/201008/10/2010JobSiteAddress/Directions‘IndicateTotalDollarAmountofYourContract(includingStateStreet@PlumStreetsalestax)ortimeandmaterials,ifapplicable.Si00000ARRAFunds.WeatherizationorEnergyEfficientFundsDoesthisprojectutilizeAmericanRecoveryandReinvestmentAct(ARRDoesthisprojectutilizeanyweatherizationorenergyefficiencyupgradefundsLIYesNo(ARRAorotherwise)?LIYesNoPrimeContractorsCompanyInformation,.iHiring(ontractorsCoinpanInformationPrimeContractorsCompanyNamePniCottrIntentNun1rH(nnContracwrsCompanyNamcXYZCompany,Inc.I245(ISu’Pavers,Inc.PrimeContractor’sRegistrationNumberPrimeConthtr’sHilingContractor’sContractorRegistrationNumberHiringContractor’sUBINumberXYZIN*0I23AA987654321SUPERPAI23AA321456987mploymentInformation‘JDoyouintendtouseANYsubcontractoCYes[[[fWillemployeesperformworkonthisproject?YesUNoWillALLworkbesubcontracted?DYesNoDoyouintendtouseapprenticeemployees?Yesi:NoNumberofOwner/Opettorswhoownatleast30%ofthecompknrWhowillperformworkontheprojectLINone(0)One(1)LITwo(2)LIThree(3)Crafts/Trades/upations—(Donotlistapprentices.TheyarelistedontheAffidavitofWagesPaidonly.)RateofHourly(H..NumberofRateofHourlyIfanemployeetorksinmorethanonetrade,ensurethatallhoursworkedineachtradearereportedbelow.Usual(“Fringe,:1,,*WorkersPayForadditional4a(ts/trades/ocpaIfl$:pieaseuseAddendumA.BenefitsLaborerJ23928500PowerEquipmentOperator-AsphaltP1Operator148.042.35•!!%LL’TruckDriver-AsphaltMix(d11s)146.470.001jj1,SignatureBlockIherebycertifythatIhavereadandunderstandtheinstructionstocompletethisformandthattheinformation,includinganyaddenda.arecorrectandthatallworkersIemployonthisPublicWorksProjectwillbepaidnolessthanthePrevailingWageRate(s)asdeternunedbytheIndustrialStatisticianoftheDepartmentofLaborandIndustries.ApprovedbysignatureoftheDepartmentofLaborandIndustriesIndustrialStatisticianPrintName:PrintTitle:Signature:Date:ForL&IUseOnlyI DepartmentofLaborandIndustriesPrevailingWageProgram(360)902-5335www,lni.wa.ciov/TradesLjcensjng/PrevWaoe•Thisformmustbetypedorprintedinink.•FillinALLblanksortheformwillbereturnedforcorrection(seeinstructions).•Pleaseallowaminimumof10workingdaysforprocessing.•Onceapproved,yourformwillbepostedonlineathttps://fortress.wa.eov/lni/pviapub/SearchFor.aspYourCompanyInformationYourCompanyNameABCCompanyYourAddress1234MainStreetCityStateZip+4OlympiaWA98501-1234YourContractorRegistrationNumberYourUBINumberABCCI’0123AA123456789YourIndustrialInsuranceAccountNumber111,111—11AFFIDAVITOFWAGESPAIDPublicWorksContract$40.00FilingFeeRequiredAffidavitID#(AssignedbyL&I):SAMPLEAwardingAgencyInformationAdditionalI)etailsYourEmailAddress(requiredfornotificationofapproval)YourPhoneNumberprevailinwage@lni.wa.ov(555)555-5555ProjectNameContractNumberRoadRepair123-456AwardingAgencyWAStDepartmentofTransportationAwardingAgencyAddressPGBox123CityStateZip+4OlympiaWA98501AwardingAgencyContactNamePhoneNumberJohnDoe(555)555-5555CountyWhereWorkWasPerformedCityWhereWorkWasPerformedThurstonOlympiaContractDetailsBidDueDate(PrimeContractor’s)AwardDate(PrimeContractor’s)1/1/20111/5/2011JobSiteAddress/DirectionsPlumandStateStreetlotirJobStartDate(mmlddlyvyy)YourDateWorkCompleted(mmldd/yyyy)2/1/20113/1/2011YourApprovedIntentID#123456IndicateTotalDollarAmountofYourContract(includingsalestax).$10,000.00EHB2805(RCW39.04.370)—IsthePrimeContractor’soYesNo—IfyouansweredYes”totheEHI32805questionandtheAwardDaleis9/1/2010orContractatacostofoveronemilliondollars($1,000,000)?—lateryoumustcompleteandsubmittheEHB2805(RCW39.04.370)Addendum.ARRAFundsWeatherizationorEnergyEfficientFundsDoesthisprojectutilizeAmericanRecoveryandReinvestmentAct(ARRA)funds?DoesthisprojectutilizeanyweatherizationorenergyefficiencyupgradefundsLIYesNo(ARRAorotherwise)?LIYesNoPrimeContractor’sCompanyInformationHiringContractor’sCompanyInformationPrimeContractor’sCompanyNameHiringContractor’sCompanyNameXYZCompanyCBACompanyPrimeContractor’sRegistrationNumberPrimeContractor’sUBINumberHiringContractor’sRegistrationNumberHinngContractor’sUBINumberXYZCP0123AA987654321—CBACI*0123AA456789123EmploymentInformationDidyouuseANYsubcontractors?LIYes(AddendumBReguired)NoDidemployeesperformworkonthisproject?YesLINoWasALLworksubcontracted?LIYes(AddendumBReguired)NoDidyouuseapprenticeemployees?LIYesNoNumberofOwner/Operatorswhoownatleast30%ofthecompanywhoperformedworkonthisproject:LINone(0)One(I)LITwo(2)LIThree(3)YoumustlisttheFirstandLastName(s)ofanyOwner/OperatorperformingworkbelowListyourCrafts/Trades/OccupationsBelow-ForJourneyLevelWorkersyoumustNumberofTotal#ofHoursRateofHourlyRateofHourlyprovidealloftheinformationbelow.Owner/Operators-mustprovidetheirFirstandLastWorkersWorkedPayUsual(“Fringe”)namenootherinformationrequired.**Apprenticesarenotrecordedbelow.YoumustBenefitsuseAddendumDtolistApprentices.GeneralLabor215341.238.54Carpenter521052.2610.13SignatureBlockIherebycertifythatIhavereadandunderstandtheinstructionstocompletethisformandthatthenformationontheformandanyaddendaiscorrectandthatallworkersIemployedonthisPublicWorksProjectwerepaidnolessthanthePrevailingWageRate(s)asdeterminedbytheIndustrialStatisticianoftheDepanmentofLaborandIndustries.PrintName:JaneDoePrintTitle:BookkeeperSignature:Date:3/5/2011ForL&IUseOnlyAPPROVED:DepartmentofLaborandIndustriesByIndustrialStatisticianSAMPLE-F700-007-000AffidavitofWagesPaid3-2011 24a-State Prevailing Wages Reference\ WASHINGTON STATE PREVAILING WAGE RATES FOR PUBLIC WORKS CONTRACTS REFERENCE The State of Washington Prevailing Wage Rates applicable for this public works contract, which is located in _King_ County, may be found at the following website address of the Department of Labor and Industries: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx . Check with the Department of Labor and Industries for any questions regarding Prevailing Wage Rates, and for a copy of all trade classifications. Based on the bid submittal deadline for this project, the applicable effective date for prevailing wages for this project is _July 2019. 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. State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 07/01/2019 County Trade Job Classification Wage Holiday Overtime Note *Risk Class King Asbestos Abatement Workers Journey Level $46.57 5D 1H View King Boilermakers Journey Level $66.54 5N 1C View King Brick Mason Journey Level $57.32 5A 1M View King Brick Mason Pointer-Caulker-Cleaner $57.32 5A 1M View King Building Service Employees Janitor $24.63 5S 2F View King Building Service Employees Traveling Waxer/Shampooer $25.08 5S 2F View King Building Service Employees Window Cleaner (Non-Scaffold)$28.13 5S 2F View King Building Service Employees Window Cleaner (Scaffold)$29.03 5S 2F View King Cabinet Makers (In Shop)Journey Level $22.74 1 View King Carpenters Acoustical Worker $60.04 5D 4C View King Carpenters Bridge, Dock And Wharf Carpenters $60.04 5D 4C View King Carpenters Carpenter $60.04 5D 4C View King Carpenters Carpenters on Stationary Tools $60.17 5D 4C View King Carpenters Creosoted Material $60.14 5D 4C View King Carpenters Floor Finisher $60.04 5D 4C View King Carpenters Floor Layer $60.04 5D 4C View King Carpenters Scaffold Erector $60.04 5D 4C View King Cement Masons Journey Level $60.07 7A 4U View King Divers & Tenders Bell/Vehicle or Submersible Operator (Not Under Pressure) $113.60 5D 4C View King Divers & Tenders Dive Supervisor/Master $76.33 5D 4C View King Divers & Tenders Diver $113.60 5D 4C 8V View King Divers & Tenders Diver On Standby $71.33 5D 4C View King Divers & Tenders Diver Tender $64.71 5D 4C View King Divers & Tenders Manifold Operator $64.71 5D 4C View King Divers & Tenders Manifold Operator Mixed Gas $69.71 5D 4C View King Divers & Tenders Remote Operated Vehicle Operator/Technician $64.71 5D 4C View King Divers & Tenders Remote Operated Vehicle Tender $60.29 5A 4C View King Dredge Workers Assistant Engineer $56.44 5D 3F View King Dredge Workers Assistant Mate (Deckhand)$56.00 5D 3F View King Dredge Workers Boatmen $56.44 5D 3F View King Dredge Workers Engineer Welder $57.51 5D 3F View King Dredge Workers Leverman, Hydraulic $58.67 5D 3F View King Dredge Workers Mates $56.44 5D 3F View King Dredge Workers Oiler $56.00 5D 3F View King Drywall Applicator Journey Level $58.48 5D 1H View King Drywall Tapers Journey Level $59.32 5P 1E View King Electrical Fixture Maintenance Workers Journey Level $30.59 5L 1E View King Electricians - Inside Cable Splicer $81.32 7C 4E View King Electricians - Inside Cable Splicer (tunnel)$87.37 7C 4E View King Electricians - Inside Certified Welder $78.55 7C 4E View King Electricians - Inside Certified Welder (tunnel)$84.34 7C 4E View King Electricians - Inside Construction Stock Person $41.49 7C 4E View King Electricians - Inside Journey Level $75.80 7C 4E View King Electricians - Inside Journey Level (tunnel)$81.32 7C 4E View King Electricians - Motor Shop Journey Level $45.08 5A 1B View King Electricians - Powerline Construction Cable Splicer $79.60 5A 4D View King Electricians - Powerline Construction Certified Line Welder $72.98 5A 4D View King Electricians - Powerline Construction Groundperson $47.94 5A 4D View King Electricians - Powerline Construction Heavy Line Equipment Operator $72.98 5A 4D View King Electricians - Powerline Construction Journey Level Lineperson $72.98 5A 4D View King Electricians - Powerline Construction Line Equipment Operator $62.06 5A 4D View King Electricians - Powerline Construction Meter Installer $47.94 5A 4D 8W View King Electricians - Powerline Construction Pole Sprayer $72.98 5A 4D View King Electricians - Powerline Construction Powderperson $54.55 5A 4D View King Electronic Technicians Journey Level $50.57 7E 1E View King Elevator Constructors Mechanic $94.22 7D 4A View King Elevator Constructors Mechanic In Charge $101.73 7D 4A View King Fabricated Precast Concrete Products All Classifications - In-Factory Work Only $18.25 5B 1R View King Fence Erectors Fence Erector $41.45 7A 3I View King Fence Erectors Fence Laborer $41.45 7A 3I View King Flaggers Journey Level $41.45 7A 3I View King Glaziers Journey Level $64.56 7L 1Y View King Heat & Frost Insulators And Asbestos Workers Journeyman $73.58 5J 4H View King Heating Equipment Mechanics Journey Level $82.51 7F 1E View King Hod Carriers & Mason Tenders Journey Level $50.42 7A 3I View King Industrial Power Vacuum Cleaner Journey Level $12.00 1 View King Inland Boatmen Boat Operator $61.41 5B 1K View King Inland Boatmen Cook $56.48 5B 1K View King Inland Boatmen Deckhand $57.48 5B 1K View King Inland Boatmen Deckhand Engineer $58.81 5B 1K View King Inland Boatmen Launch Operator $58.89 5B 1K View King Inland Boatmen Mate $57.31 5B 1K View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Cleaner Operator, Foamer Operator $31.49 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Grout Truck Operator $12.00 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Head Operator $24.91 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Technician $19.33 1 View King Inspection/Cleaning/Sealing Of Sewer & Water Systems By Remote Control Tv Truck Operator $20.45 1 View King Insulation Applicators Journey Level $60.04 5D 4C View King Ironworkers Journeyman $70.68 7N 1O View King Laborers Air, Gas Or Electric Vibrating Screed $48.90 7A 3I View King Laborers Airtrac Drill Operator $50.42 7A 3I View King Laborers Ballast Regular Machine $48.90 7A 3I View King Laborers Batch Weighman $41.45 7A 3I View King Laborers Brick Pavers $48.90 7A 3I View King Laborers Brush Cutter $48.90 7A 3I View King Laborers Brush Hog Feeder $48.90 7A 3I View King Laborers Burner $48.90 7A 3I View King Laborers Caisson Worker $50.42 7A 3I View King Laborers Carpenter Tender $48.90 7A 3I View King Laborers Caulker $48.90 7A 3I View King Laborers Cement Dumper-paving $49.81 7A 3I View King Laborers Cement Finisher Tender $48.90 7A 3I View King Laborers Change House Or Dry Shack $48.90 7A 3I View King Laborers Chipping Gun (under 30 Lbs.)$48.90 7A 3I View King Laborers Chipping Gun(30 Lbs. And Over) $49.81 7A 3I View King Laborers Choker Setter $48.90 7A 3I View King Laborers Chuck Tender $48.90 7A 3I View King Laborers Clary Power Spreader $49.81 7A 3I View King Laborers Clean-up Laborer $48.90 7A 3I View King Laborers Concrete Dumper/chute Operator $49.81 7A 3I View King Laborers Concrete Form Stripper $48.90 7A 3I View King Laborers Concrete Placement Crew $49.81 7A 3I View King Laborers Concrete Saw Operator/core Driller $49.81 7A 3I View King Laborers Crusher Feeder $41.45 7A 3I View King Laborers Curing Laborer $48.90 7A 3I View King Laborers Demolition: Wrecking & Moving (incl. Charred Material) $48.90 7A 3I View King Laborers Ditch Digger $48.90 7A 3I View King Laborers Diver $50.42 7A 3I View King Laborers Drill Operator (hydraulic,diamond) $49.81 7A 3I View King Laborers Dry Stack Walls $48.90 7A 3I View King Laborers Dump Person $48.90 7A 3I View King Laborers Epoxy Technician $48.90 7A 3I View King Laborers Erosion Control Worker $48.90 7A 3I View King Laborers Faller & Bucker Chain Saw $49.81 7A 3I View King Laborers Fine Graders $48.90 7A 3I View King Laborers Firewatch $41.45 7A 3I View King Laborers Form Setter $48.90 7A 3I View King Laborers Gabian Basket Builders $48.90 7A 3I View King Laborers General Laborer $48.90 7A 3I View King Laborers Grade Checker & Transit Person $50.42 7A 3I View King Laborers Grinders $48.90 7A 3I View King Laborers Grout Machine Tender $48.90 7A 3I View King Laborers Groutmen (pressure)including Post Tension Beams $49.81 7A 3I View King Laborers Guardrail Erector $48.90 7A 3I View King Laborers Hazardous Waste Worker (level A) $50.42 7A 3I View King Laborers Hazardous Waste Worker (level B) $49.81 7A 3I View King Laborers Hazardous Waste Worker (level C) $48.90 7A 3I View King Laborers High Scaler $50.42 7A 3I View King Laborers Jackhammer $49.81 7A 3I View King Laborers Laserbeam Operator $49.81 7A 3I View King Laborers Maintenance Person $48.90 7A 3I View King Laborers Manhole Builder-mudman $49.81 7A 3I View King Laborers Material Yard Person $48.90 7A 3I View King Laborers Motorman-dinky Locomotive $49.81 7A 3I View King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air & Water On Concrete & Rock, Sandblast, Gunite, Shotcrete, Water Bla $49.81 7A 3I View King Laborers Pavement Breaker $49.81 7A 3I View King Laborers Pilot Car $41.45 7A 3I View King Laborers Pipe Layer Lead $50.42 7A 3I View King Laborers Pipe Layer/tailor $49.81 7A 3I View King Laborers Pipe Pot Tender $49.81 7A 3I View King Laborers Pipe Reliner $49.81 7A 3I View King Laborers Pipe Wrapper $49.81 7A 3I View King Laborers Pot Tender $48.90 7A 3I View King Laborers Powderman $50.42 7A 3I View King Laborers Powderman's Helper $48.90 7A 3I View King Laborers Power Jacks $49.81 7A 3I View King Laborers Railroad Spike Puller - Power $49.81 7A 3I View King Laborers Raker - Asphalt $50.42 7A 3I View King Laborers Re-timberman $50.42 7A 3I View King Laborers Remote Equipment Operator $49.81 7A 3I View King Laborers Rigger/signal Person $49.81 7A 3I View King Laborers Rip Rap Person $48.90 7A 3I View King Laborers Rivet Buster $49.81 7A 3I View King Laborers Rodder $49.81 7A 3I View King Laborers Scaffold Erector $48.90 7A 3I View King Laborers Scale Person $48.90 7A 3I View King Laborers Sloper (over 20")$49.81 7A 3I View King Laborers Sloper Sprayer $48.90 7A 3I View King Laborers Spreader (concrete)$49.81 7A 3I View King Laborers Stake Hopper $48.90 7A 3I View King Laborers Stock Piler $48.90 7A 3I View King Laborers Tamper & Similar Electric, Air & Gas Operated Tools $49.81 7A 3I View King Laborers Tamper (multiple & Self- propelled) $49.81 7A 3I View King Laborers Timber Person - Sewer (lagger, Shorer & Cribber) $49.81 7A 3I View King Laborers Toolroom Person (at Jobsite)$48.90 7A 3I View King Laborers Topper $48.90 7A 3I View King Laborers Track Laborer $48.90 7A 3I View King Laborers Track Liner (power)$49.81 7A 3I View King Laborers Traffic Control Laborer $44.33 7A 3I 8R View King Laborers Traffic Control Supervisor $44.33 7A 3I 8R View King Laborers Truck Spotter $48.90 7A 3I View King Laborers Tugger Operator $49.81 7A 3I View King Laborers Tunnel Work-Compressed Air Worker 0-30 psi $107.60 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 30.01-44.00 psi $112.63 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 44.01-54.00 psi $116.31 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 54.01-60.00 psi $122.01 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 60.01-64.00 psi $124.13 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 64.01-68.00 psi $129.23 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 68.01-70.00 psi $131.13 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 70.01-72.00 psi $133.13 7A 3I 8Q View King Laborers Tunnel Work-Compressed Air Worker 72.01-74.00 psi $135.13 7A 3I 8Q View King Laborers Tunnel Work-Guage and Lock Tender $50.52 7A 3I 8Q View King Laborers Tunnel Work-Miner $50.52 7A 3I 8Q View King Laborers Vibrator $49.81 7A 3I View King Laborers Vinyl Seamer $48.90 7A 3I View King Laborers Watchman $37.67 7A 3I View King Laborers Welder $49.81 7A 3I View King Laborers Well Point Laborer $49.81 7A 3I View King Laborers Window Washer/cleaner $37.67 7A 3I View King Laborers - Underground Sewer & Water General Laborer & Topman $48.90 7A 3I View King Laborers - Underground Sewer & Water Pipe Layer $49.81 7A 3I View King Landscape Construction Landscape Laborer $37.67 7A 3I View King Landscape Construction Landscape Operator $63.76 7A 3K 8X View King Landscape Maintenance Groundskeeper $17.87 1 View King Lathers Journey Level $58.48 5D 1H View King Marble Setters Journey Level $57.32 5A 1M View King Metal Fabrication (In Shop)Fitter $15.86 1 View King Metal Fabrication (In Shop)Laborer $12.00 1 View King Metal Fabrication (In Shop)Machine Operator $13.04 1 View King Metal Fabrication (In Shop)Painter $12.00 1 View King Metal Fabrication (In Shop)Welder $15.48 1 View King Millwright Journey Level $61.54 5D 4C View King Modular Buildings Cabinet Assembly $12.00 1 View King Modular Buildings Electrician $12.00 1 View King Modular Buildings Equipment Maintenance $12.00 1 View King Modular Buildings Plumber $12.00 1 View King Modular Buildings Production Worker $12.00 1 View King Modular Buildings Tool Maintenance $12.00 1 View King Modular Buildings Utility Person $12.00 1 View King Modular Buildings Welder $12.00 1 View King Painters Journey Level $42.50 6Z 2B View King Pile Driver Crew Tender/Technician $64.71 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 0- 30.00 PSI $74.87 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 30.01 - 44.00 PSI $79.87 5D 4C View King Pile Driver Hyperbaric Worker -$83.87 5D 4C View Compressed Air Worker 44.01 - 54.00 PSI King Pile Driver Hyperbaric Worker - Compressed Air Worker 54.01 - 60.00 PSI $88.87 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 60.01 - 64.00 PSI $91.37 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 64.01 - 68.00 PSI $96.37 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 68.01 - 70.00 PSI $98.37 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 70.01 - 72.00 PSI $100.37 5D 4C View King Pile Driver Hyperbaric Worker - Compressed Air Worker 72.01 - 74.00 PSI $102.37 5D 4C View King Pile Driver Journey Level $60.29 5D 4C View King Pile Driver Manifold Operator (LST)$69.71 5D 4C View King Plasterers Journey Level $56.54 7Q 1R View King Playground & Park Equipment Installers Journey Level $12.00 1 View King Plumbers & Pipefitters Journey Level $85.69 6Z 1G View King Power Equipment Operators Asphalt Plant Operators $64.83 7A 3K 8X View King Power Equipment Operators Assistant Engineer $60.98 7A 3K 8X View King Power Equipment Operators Barrier Machine (zipper)$64.26 7A 3K 8X View King Power Equipment Operators Batch Plant Operator: concrete $64.26 7A 3K 8X View King Power Equipment Operators Bobcat $60.98 7A 3K 8X View King Power Equipment Operators Brokk - Remote Demolition Equipment $60.98 7A 3K 8X View King Power Equipment Operators Brooms $60.98 7A 3K 8X View King Power Equipment Operators Bump Cutter $64.26 7A 3K 8X View King Power Equipment Operators Cableways $64.83 7A 3K 8X View King Power Equipment Operators Chipper $64.26 7A 3K 8X View King Power Equipment Operators Compressor $60.98 7A 3K 8X View King Power Equipment Operators Concrete Finish Machine - Laser Screed $60.98 7A 3K 8X View King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $63.76 7A 3K 8X View King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $64.83 7A 3K 8X View King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $64.26 7A 3K 8X View King Power Equipment Operators Conveyors $63.76 7A 3K 8X View King Power Equipment Operators Cranes friction: 200 tons and over $66.80 7A 3K 8X View King Power Equipment Operators Cranes: 100 tons through 199 tons, or 150’ of boom (including jib with attachments) $65.48 7A 3K 8X View King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $64.26 7A 3K 8X View King Power Equipment Operators Cranes: 200 tons- 299 tons, or 250’ of boom including jib with attachments $66.15 7A 3K 8X View King Power Equipment Operators Cranes: 300 tons and over or 300’ of boom including jib with attachments $66.80 7A 3K 8X View King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $64.83 7A 3K 8X View King Power Equipment Operators Cranes: A-frame - 10 Tons And Under $60.98 7A 3K 8X View King Power Equipment Operators Cranes: Friction cranes through 199 tons $66.15 7A 3K 8X View King Power Equipment Operators Cranes: through 19 tons with attachments, A-frame over 10 tons $63.76 7A 3K 8X View King Power Equipment Operators Crusher $64.26 7A 3K 8X View King Power Equipment Operators Deck Engineer/Deck Winches (power) $64.26 7A 3K 8X View King Power Equipment Operators Derricks, On Building Work $64.83 7A 3K 8X View King Power Equipment Operators Dozers D-9 & Under $63.76 7A 3K 8X View King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $63.76 7A 3K 8X View King Power Equipment Operators Drilling Machine $65.48 7A 3K 8X View King Power Equipment Operators Elevator And Man-lift: Permanent And Shaft Type $60.98 7A 3K 8X View King Power Equipment Operators Finishing Machine, Bidwell And Gamaco & Similar Equipment $64.26 7A 3K 8X View King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $63.76 7A 3K 8X View King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $60.98 7A 3K 8X View King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $64.26 7A 3K 8X View King Power Equipment Operators Gradechecker/Stakeman $60.98 7A 3K 8X View King Power Equipment Operators Guardrail Punch $64.26 7A 3K 8X View King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $64.83 7A 3K 8X View King Power Equipment Operators Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $64.26 7A 3K 8X View King Power Equipment Operators Horizontal/Directional Drill Locator $63.76 7A 3K 8X View King Power Equipment Operators Horizontal/Directional Drill Operator $64.26 7A 3K 8X View King Power Equipment Operators Hydralifts/Boom Trucks Over 10 Tons $63.76 7A 3K 8X View King Power Equipment Operators Hydralifts/Boom Trucks, 10 Tons And Under $60.98 7A 3K 8X View King Power Equipment Operators Loader, Overhead 8 Yards. & Over $65.48 7A 3K 8X View King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $64.83 7A 3K 8X View King Power Equipment Operators Loaders, Overhead Under 6 Yards $64.26 7A 3K 8X View King Power Equipment Operators Loaders, Plant Feed $64.26 7A 3K 8X View King Power Equipment Operators Loaders: Elevating Type Belt $63.76 7A 3K 8X View King Power Equipment Operators Locomotives, All $64.26 7A 3K 8X View King Power Equipment Operators Material Transfer Device $64.26 7A 3K 8X View King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $65.48 7A 3K 8X View King Power Equipment Operators Motor Patrol Graders $64.83 7A 3K 8X View King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $64.83 7A 3K 8X View King Power Equipment Operators Oil Distributors, Blower Distribution & Mulch Seeding Operator $60.98 7A 3K 8X View King Power Equipment Operators Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $63.76 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $64.26 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $65.48 7A 3K 8X View King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $64.83 7A 3K 8X View King Power Equipment Operators Pavement Breaker $60.98 7A 3K 8X View King Power Equipment Operators Pile Driver (other Than Crane Mount) $64.26 7A 3K 8X View King Power Equipment Operators Plant Oiler - Asphalt, Crusher $63.76 7A 3K 8X View King Power Equipment Operators Posthole Digger, Mechanical $60.98 7A 3K 8X View King Power Equipment Operators Power Plant $60.98 7A 3K 8X View King Power Equipment Operators Pumps - Water $60.98 7A 3K 8X View King Power Equipment Operators Quad 9, Hd 41, D10 And Over $64.83 7A 3K 8X View King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $60.98 7A 3K 8X View King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $64.83 7A 3K 8X View King Power Equipment Operators Rigger and Bellman $60.98 7A 3K 8X View King Power Equipment Operators Rigger/Signal Person, Bellman (Certified) $63.76 7A 3K 8X View King Power Equipment Operators Rollagon $64.83 7A 3K 8X View King Power Equipment Operators Roller, Other Than Plant Mix $60.98 7A 3K 8X View King Power Equipment Operators Roller, Plant Mix Or Multi-lift $63.76 7A 3K 8X View Materials King Power Equipment Operators Roto-mill, Roto-grinder $64.26 7A 3K 8X View King Power Equipment Operators Saws - Concrete $63.76 7A 3K 8X View King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $64.26 7A 3K 8X View King Power Equipment Operators Scrapers - Concrete & Carry All $63.76 7A 3K 8X View King Power Equipment Operators Scrapers, Self-propelled: 45 Yards And Over $64.83 7A 3K 8X View King Power Equipment Operators Service Engineers - Equipment $63.76 7A 3K 8X View King Power Equipment Operators Shotcrete/Gunite Equipment $60.98 7A 3K 8X View King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons $63.76 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $64.83 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $64.26 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $65.48 7A 3K 8X View King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $66.15 7A 3K 8X View King Power Equipment Operators Slipform Pavers $64.83 7A 3K 8X View King Power Equipment Operators Spreader, Topsider & Screedman $64.83 7A 3K 8X View King Power Equipment Operators Subgrader Trimmer $64.26 7A 3K 8X View King Power Equipment Operators Tower Bucket Elevators $63.76 7A 3K 8X View King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $65.48 7A 3K 8X View King Power Equipment Operators Tower Crane: over 175’ through 250’ in height, base to boom $66.15 7A 3K 8X View King Power Equipment Operators Tower Cranes: over 250’ in height from base to boom $66.80 7A 3K 8X View King Power Equipment Operators Transporters, All Track Or Truck Type $64.83 7A 3K 8X View King Power Equipment Operators Trenching Machines $63.76 7A 3K 8X View King Power Equipment Operators Truck Crane Oiler/driver - 100 Tons And Over $64.26 7A 3K 8X View King Power Equipment Operators Truck Crane Oiler/Driver Under 100 Tons $63.76 7A 3K 8X View King Power Equipment Operators Truck Mount Portable Conveyor $64.26 7A 3K 8X View King Power Equipment Operators Welder $64.83 7A 3K 8X View King Power Equipment Operators Wheel Tractors, Farmall Type $60.98 7A 3K 8X View King Power Equipment Operators Yo Yo Pay Dozer $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Asphalt Plant Operators $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Assistant Engineer $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Barrier Machine (zipper)$64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Batch Plant Operator, Concrete $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Bobcat $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Brokk - Remote Demolition Equipment $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Brooms $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Bump Cutter $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cableways $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Chipper $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Compressor $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Finish Machine - Laser Screed $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Over 42 M $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Concrete Pump: Truck Mount With Boom Attachment Up To 42m $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Conveyors $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes friction: 200 tons and over $66.80 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 100 tons through 199 tons, or 150’ of boom (including jib with attachments) $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 20 Tons Through 44 Tons With Attachments $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 200 tons- 299 tons, or 250’ of boom including jib with attachments $66.15 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 300 tons and over or 300’ of boom including jib with attachments $66.80 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: A-frame - 10 Tons And Under $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: Friction cranes through 199 tons $66.15 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Cranes: through 19 tons with attachments, A-frame over 10 tons $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Crusher $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Deck Engineer/Deck Winches (power) $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Derricks, On Building Work $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Dozers D-9 & Under $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Drill Oilers: Auger Type, Truck Or Crane Mount $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Drilling Machine $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Elevator And Man-lift: Permanent And Shaft Type $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Finishing Machine, Bidwell And Gamaco & Similar Equipment $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Forklift: 3000 Lbs And Over With Attachments $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Forklifts: Under 3000 Lbs. With Attachments $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Grade Engineer: Using Blue Prints, Cut Sheets, Etc $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Gradechecker/Stakeman $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Guardrail Punch $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. & Over $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hard Tail End Dump Articulating Off-road Equipment Under 45 Yards $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Locator $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Horizontal/Directional Drill Operator $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks Over 10 Tons $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Hydralifts/Boom Trucks, 10 Tons And Under $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loader, Overhead 8 Yards. & Over $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loader, Overhead, 6 Yards. But Not Including 8 Yards $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders, Overhead Under 6 Yards $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders, Plant Feed $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Loaders: Elevating Type Belt $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Locomotives, All $64.26 7A 3K 8X View King Power Equipment Operators-Material Transfer Device $64.26 7A 3K 8X View Underground Sewer & Water King Power Equipment Operators- Underground Sewer & Water Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Motor Patrol Graders $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And/or Shield $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Oil Distributors, Blower Distribution & Mulch Seeding Operator $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Outside Hoists (Elevators And Manlifts), Air Tuggers, Strato $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 100 Tons And Over $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Overhead, Bridge Type: 45 Tons Through 99 Tons $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pavement Breaker $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pile Driver (other Than Crane Mount) $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Plant Oiler - Asphalt, Crusher $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Posthole Digger, Mechanical $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Power Plant $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Pumps - Water $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Quad 9, Hd 41, D10 And Over $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Remote Control Operator On Rubber Tired Earth Moving Equipment $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rigger and Bellman $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rigger/Signal Person, Bellman (Certified) $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Rollagon $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roller, Other Than Plant Mix $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roller, Plant Mix Or Multi-lift Materials $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Roto-mill, Roto-grinder $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Saws - Concrete $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scraper, Self Propelled Under 45 Yards $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scrapers - Concrete & Carry All $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Scrapers, Self-propelled: 45 Yards And Over $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Service Engineers - Equipment $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shotcrete/Gunite Equipment $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Shovel, Excavator, Backhoes: Over 90 Metric Tons $66.15 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Slipform Pavers $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Spreader, Topsider & Screedman $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Subgrader Trimmer $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Bucket Elevators $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Crane Up To 175' In Height Base To Boom $65.48 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Crane: over 175’ through 250’ in height, base to boom $66.15 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Tower Cranes: over 250’ in height from base to boom $66.80 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Transporters, All Track Or Truck Type $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Trenching Machines $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/driver - 100 Tons And Over $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Crane Oiler/Driver Under 100 Tons $63.76 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Truck Mount Portable Conveyor $64.26 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Welder $64.83 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Wheel Tractors, Farmall Type $60.98 7A 3K 8X View King Power Equipment Operators- Underground Sewer & Water Yo Yo Pay Dozer $64.26 7A 3K 8X View King Power Line Clearance Tree Trimmers Journey Level In Charge $49.96 5A 4A View King Power Line Clearance Tree Trimmers Spray Person $47.37 5A 4A View King Power Line Clearance Tree Trimmers Tree Equipment Operator $49.96 5A 4A View King Power Line Clearance Tree Trimmers Tree Trimmer $44.57 5A 4A View King Power Line Clearance Tree Trimmers Tree Trimmer Groundperson $33.60 5A 4A View King Refrigeration & Air Conditioning Mechanics Journey Level $81.01 6Z 1G View King Residential Brick Mason Journey Level $57.32 5A 1M View King Residential Carpenters Journey Level $32.06 1 View King Residential Cement Masons Journey Level $29.25 1 View King Residential Drywall Applicators Journey Level $45.05 5D 4C View King Residential Drywall Tapers Journey Level $45.19 5P 1E View King Residential Electricians Journey Level $36.01 1 View King Residential Glaziers Journey Level $43.00 7L 1H View King Residential Insulation Applicators Journey Level $29.87 1 View King Residential Laborers Journey Level $26.18 1 View King Residential Marble Setters Journey Level $27.38 1 View King Residential Painters Journey Level $27.80 1 View King Residential Plumbers & Pipefitters Journey Level $39.43 1 View King Residential Refrigeration & Air Conditioning Mechanics Journey Level $51.37 5A 1G View King Residential Sheet Metal Workers Journey Level (Field or Shop)$50.01 7F 1R View King Residential Soft Floor Layers Journey Level $49.43 5A 3J View King Residential Sprinkler Fitters (Fire Protection) Journey Level $48.18 5C 2R View King Residential Stone Masons Journey Level $57.32 5A 1M View King Residential Terrazzo Workers Journey Level $52.61 5A 1M View King Residential Terrazzo/Tile Finishers Journey Level $24.39 1 View King Residential Tile Setters Journey Level $21.04 1 View King Roofers Journey Level $53.27 5A 3H View King Roofers Using Irritable Bituminous Materials $56.27 5A 3H View King Sheet Metal Workers Journey Level (Field or Shop)$82.51 7F 1E View King Shipbuilding & Ship Repair New Construction Boilermaker $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Carpenter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Crane Operator $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Electrician $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Heat & Frost Insulator $73.58 5J 4H View King Shipbuilding & Ship Repair New Construction Laborer $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Machinist $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Operating Engineer $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Painter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Pipefitter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Rigger $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Sheet Metal $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Shipfitter $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Warehouse/Teamster $36.36 7V 1 View King Shipbuilding & Ship Repair New Construction Welder / Burner $36.36 7V 1 View King Shipbuilding & Ship Repair Ship Repair Boilermaker $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Carpenter $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Crane Operator $44.06 7Y 4K View King Shipbuilding & Ship Repair Ship Repair Electrician $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Heat & Frost Insulator $73.58 5J 4H View King Shipbuilding & Ship Repair Ship Repair Laborer $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Machinist $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Operating Engineer $44.06 7Y 4K View King Shipbuilding & Ship Repair Ship Repair Painter $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Pipefitter $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Rigger $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Sheet Metal $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Shipwright $44.95 7X 4J View King Shipbuilding & Ship Repair Ship Repair Warehouse / Teamster $44.06 7Y 4K View King Sign Makers & Installers (Electrical) Journey Level $49.70 0 1 View King Sign Makers & Installers (Non- Electrical) Journey Level $31.52 0 1 View King Soft Floor Layers Journey Level $49.43 5A 3J View King Solar Controls For Windows Journey Level $12.44 1 View King Sprinkler Fitters (Fire Protection) Journey Level $78.39 5C 1X View King Stage Rigging Mechanics (Non Structural) Journey Level $13.23 1 View King Stone Masons Journey Level $57.32 5A 1M View King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 View King Surveyors Assistant Construction Site Surveyor $62.71 7A 3K 8X View King Surveyors Assistant Construction Site Surveyor $62.71 7A 3K 8X View King Surveyors Chainman $58.93 7A 3C 8P View King Surveyors Construction Site Surveyor $63.76 7A 3K 8X View King Telecommunication Technicians Journey Level $50.57 7E 1E View King Telephone Line Construction - Outside Cable Splicer $41.22 5A 2B View King Telephone Line Construction - Outside Hole Digger/Ground Person $23.12 5A 2B View King Telephone Line Construction - Outside Installer (Repairer)$39.53 5A 2B View King Telephone Line Construction - Outside Special Aparatus Installer I $41.22 5A 2B View King Telephone Line Construction - Outside Special Apparatus Installer II $40.41 5A 2B View King Telephone Line Construction - Outside Telephone Equipment Operator (Heavy) $41.22 5A 2B View King Telephone Line Construction - Outside Telephone Equipment Operator (Light) $38.36 5A 2B View King Telephone Line Construction - Outside Telephone Lineperson $38.36 5A 2B View King Telephone Line Construction - Outside Television Groundperson $21.92 5A 2B View King Telephone Line Construction - Outside Television Lineperson/Installer $29.13 5A 2B View King Telephone Line Construction - Outside Television System Technician $34.68 5A 2B View King Telephone Line Construction - Outside Television Technician $31.18 5A 2B View King Telephone Line Construction - Outside Tree Trimmer $38.36 5A 2B View King Terrazzo Workers Journey Level $52.61 5A 1M View King Tile Setters Journey Level $52.61 5A 1M View King Tile, Marble & Terrazzo Finishers Finisher $43.44 5A 1B View King Traffic Control Stripers Journey Level $46.23 7A 1K View King Truck Drivers Asphalt Mix Over 16 Yards $58.56 5D 3A 8L View King Truck Drivers Asphalt Mix To 16 Yards $57.72 5D 3A 8L View King Truck Drivers Dump Truck $57.72 5D 3A 8L View King Truck Drivers Dump Truck & Trailer $58.56 5D 3A 8L View King Truck Drivers Other Trucks $58.56 5D 3A 8L View King Truck Drivers - Ready Mix Transit Mix $58.56 5D 3A 8L View King Well Drillers & Irrigation Pump Installers Irrigation Pump Installer $17.71 1 View King Well Drillers & Irrigation Pump Installers Oiler $12.97 1 View King Well Drillers & Irrigation Pump Installers Well Driller $18.00 1 View 21b-City-Cert-PrevailingWages\ CERTIFICATION OF PAYMENT OF PREVAILING WAGES Date: ______________ Ref: Pay Estimate No. Final Project _ Maplewood Creek and Madsen Creek Sediment Basin Cleaning Project 2019, SWP-27-2057 __ CAG No. _______________ This is to certify that the prevailing wages have been paid to our employees and our subcontractors' employees for the period from _________________________________ through __________________________, in accordance with the Statements of Intent to Pay Prevailing Wage filed with the Washingt on State Department of Labor & Industries. This form will be executed and submitted to the City of Renton prior to or with the last pay request. Company Name By: Title: List of Subcontractors Used on the Project: CITY OF RENTON SPECIAL PROVISIONS H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 1 City of Renton SPECIAL PROVISIONS SPECIAL PROVISIONS ............................................................................. 6 1-01 DEFINITIONS AND TERMS ............................................................ 6 1-01.1 General .............................................................................................. 6 1-01.3 Definitions ........................................................................................ 6 1-02…BID PROCEDURES AND CONDITIONS ..................................... 8 1-02.1 Prequalification of bidders ............................................................. 8 1-02.2 Plans and Specifications .................................................................. 8 1-02.5 Proposal Forms ................................................................................ 9 1-02.6(1) Proprietary Information ............................................................ 9 1-02.7 Bid Deposit ..................................................................................... 10 1-02.9 Delivery of Proposal ...................................................................... 10 1-02.12 Public Opening of Proposals ...................................................... 10 1-02.13 Irregular Proposals...................................................................... 10 1-02.14 Disqualification of Bidders ......................................................... 10 1-02.15 Pre Award Information ................................................................ 11 1-03 AWARD AND EXECUTION OF CONTRACT ............................. 11 1-03.1 Consideration of bids ..................................................................... 11 1-03.2 Award of Contract ......................................................................... 12 1-03.3 Execution of Contract ................................................................... 12 1-03.4 Contract Bond ................................................................................ 12 1-03.7 Judicial Review .............................................................................. 13 1-04 SCOPE OF WORK .......................................................................... 13 1-04.2 Coordination of Contract Documents… ..................................... 13 1-04.3 Contractor-Discovered Discrepancies ......................................... 13 1-04.4 Changes .......................................................................................... 13 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 2 1-04.8 Progress Estimates and Payments ............................................... 14 1-04.11 Final Cleanup ............................................................................... 14 1-05 CONTROL OF WORK.................................................................... 14 1-05.4 Conformity With and Deviation from Plans and Stakes ........... 14 1-05.4(3) Contractor Supplied Surveying ............................................... 15 1-05.4(4) Contractor Provided As-Built Information ............................ 16 1-05.7 Removal of Defective and Unauthorized Work .......................... 16 1-05.10 Guarantees ................................................................................... 16 1-05.11 Final Inspection ............................................................................ 17 1-05.11(3) Operational Testing ................................................................. 17 1-05.11(1) Substantial Completion Date ................................................. 17 1-05.11(2) Final Inspection Date .............................................................. 18 1-05.11(3) Operational Testing ................................................................. 18 1-05.12 Final Acceptance .......................................................................... 19 1-05.14 Cooperation with Other Contractors ........................................ 19 1-05.16 Water and Power ......................................................................... 19 1-05.17 Oral Agreements .......................................................................... 19 1-05.18 Contractor's Daily Diary ............................................................ 19 1-06 CONTROL OF MATERIAL ........................................................... 20 1-06.1 Approval of Materials Prior to Use .............................................. 20 1-06.2(1) Samples and Tests for Acceptance ........................................... 21 1-06.2(2) Statistical Evaluation of Materials for Acceptance................ 21 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC ....................................................................................................... 21 1-07.1 Laws to be Observed ..................................................................... 21 1-07.2 State Sales Tax ................................................................................ 22 1-07.2(1) General ....................................................................................... 22 1-07.2(2) State Sales Tax – Rule 171 ........................................................ 22 1-07.2(3) State Sales Tax – Rule 170 ........................................................ 22 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 3 1-07.2(4) Services ...................................................................................... 23 1-07.5 Environmental Regulations .......................................................... 23 1-07.6 Permits and Licenses ..................................................................... 23 1-07.9 Wages .............................................................................................. 23 1-07.9(5) Required Documents ................................................................ 23 1-07.11(11) City of Renton Affidavit of Compliance .............................. 23 1-07.12 Federal Agency Inspection .......................................................... 24 1-07.13 Contractor’s Responsibility for Work ....................................... 24 1-07.13(1) General ..................................................................................... 24 1-07.14 Responsibility for Damage .......................................................... 24 1-07.15 Temporary Water Pollution/Erosion Control ........................... 24 1-07.16 Protection and Restoration of Property .................................... 24 1-07.16(1) Private/Public Property .......................................................... 25 1-07.17 Utilities and Similar Facilities .................................................... 26 1-07.17(1) Interruption of Services ......................................................... 27 1-07.17(4) Resolution of Utility Conflicts ................................................. 27 1-07.18 Public Liability and Property Damage Insurance ................... 28 1-07.18(1) General ..................................................................................... 28 1-07.18(2) Coverages ................................................................................. 28 1-07.18(3) Limits ....................................................................................... 29 1-07.18(4) Evidence of Insurance: ........................................................... 30 1-07.22 Use of Explosives ......................................................................... 31 1-07.23(1) Construction Under Traffic ................................................... 31 1-07.24 Rights of Way ............................................................................... 31 1-08 PROSECUTION AND PROGRESS .............................................. 32 1-08.0 Preliminary Matters ...................................................................... 32 1-08.0(1) Preconstruction Conference .................................................... 32 1-08.0(2) Hours of Work ........................................................................... 33 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 4 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees .................................................................................................... 34 1-08.1 Subcontracting ............................................................................... 34 1-08.1(3) Hours of Work (Additional) ..................................................... 35 1-08.1 Subcontracting ............................................................................... 35 1-08.1(3) Reimbursement for Overtime Work of Contracting Agency Employees .................................................................................................... 35 1-08.2 Assignment ..................................................................................... 35 1-08.3 Progress Schedule .......................................................................... 35 1-08.4 Notice to Proceed and Prosecution of the Work ......................... 36 1-08.5 Time For Completion .................................................................... 36 1-08.6 Suspension of Work ....................................................................... 38 1-08.7 Maintenance During Suspension ................................................. 38 1-08.9 Liquidated Damages...................................................................... 38 1-08.11 Contractor's Plant and Equipment ............................................ 39 1-08.12 Attention to Work ........................................................................ 39 1-08.12 Attention to Work ........................................................................ 39 1-09 MEASUREMENT AND PAYMENT .............................................. 39 1-09.3 Scope of Payment ........................................................................... 39 1-09.7 Mobilization ................................................................................... 40 1-09.9 Payments ........................................................................................ 40 1-09.9(1) Retainage ................................................................................... 41 1-09.9(2) Contracting Agency’s Right to Withhold and Disburse Certain Amounts ......................................................................................... 41 1-09.9(3) Final Payment ............................................................................ 42 1-09.11 Disputes and Claims ..................................................................... 43 1-09.11(2) Claims ....................................................................................... 43 1-09.11(3) Time Limitations and Jurisdiction ........................................ 43 1-09.13 Claims and Resolutions ................................................................ 43 1-09.13(3) Claims $250,000 or Less ......................................................... 43 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 5 1-09.13(3)A Administration of Arbitration ............................................. 43 1-09.13(3)B Procedures to Pursue Arbitration ...................................... 44 1-09.14 Payment Schedule ........................................................................ 44 1-10 TEMPORARY TRAFFIC CONTROL .......................................... 45 1-10.1 General ........................................................................................... 45 1-10.2(1)B Traffic Control Supervisor .................................................... 46 1-10.2(2) Traffic Control Plans ................................................................ 46 1-10.3 Flagging, Signs, and All Other Traffic Control Devices ............ 46 1-10.3(3) Construction Signs .................................................................... 46 1-10.4 Measurement .................................................................................. 46 1-10.5 Payment .......................................................................................... 47 1-11 RENTON SURVEYING STANDARDS ......................................... 47 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP .......... 51 2-01.2 Disposal of Usable Material and Debris ...................................... 51 2-04 HAUL ................................................................................................. 51 2-04.5 Payment .......................................................................................... 51 8-01 ERONSION CONTROL AND WATER POLLUTION CONTROL .................................................................................................. 52 8.01.3 (8) Street Cleaning ........................................................................... 52 8-09.5 Payment .......................................................................................... 52 9-14 EROSION CONTROL AND ROADSIDE PLANTING ................. 53 9-14.5(10) Hydroseed ........................................................................... 53 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 6 SPECIAL PROVISIONS The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 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. In the event of a conflict between this contract document and the Standard Specifications, the more stringent requirement shall 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. 1-01 DEFINITIONS AND TERMS 1-01.1 General Section 1-01.1 is supplemented with: (******) Whenever reference is made to the State, 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 represen tatives for all contracts administered by the City of Renton. 1-01.3 Definitions Section 1-01.3 is revised and supplemented by the following: (******) Act of god "Act of God" means an earthquake, flood, cyclone, or other cataclysmic phenomenon of nature. A rain, windstorm, high water or other natural phenomenon of unusual intensity for the specific locality of the work, which might reasonably have been anticipated from historical records of the general locality of the work, shall not be construed as an act of god. Consulting Engineer The Contracting Agency's design consultant, who may or may not administer the construction program for the Contracting Agency. Contract Price Either the unit price, the unit prices, or lump sum price or prices named in the proposal, or in properly executed change orders. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 7 Dates Bid Opening Date: The date on which the Contracting Agency publicly opens and reads bids. Award Date: The date of the formal decision of the Contracting Agency to acc ept 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. Contract Completion Date: The date by which the work is contractually required to be completed. 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 Owner for the construction engineering of a specific public works project. Inspector Owner’s authorized representative assigned to make necessary observations of the work performed or being performed, or of materials furnished or being furnished by Contractor. 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 Engineer’s points, this shall mean all marks, bench marks, reference points, stakes, hubs, tack, etc., established by Engineer for maintaining horizontal and vertical control of the work. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 8 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 Planning/Building/Public Works Administrator. Shop Drawings Same as “Working Drawings” defined in the Standard Specifications. Special Provisions Modifications to the standard specifications and supplemental specifications 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 St ate shall also refer to The City of Renton and its authorized representatives where applicable. Supplemental Drawings and Instructions Additional instructions by Engineer at request of Contractor by means of drawings or documents necessary, in the opinion of Engineer, for the proper execution of the work. Such drawings and instructions are consistent with the Contract Documents. 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. Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public work project. 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 9 After award of the Contract, Plans and Specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No. of Sets Basis of Distribution Reduced Plans (11” x 17”) and contract provisions 4 Furnished automatically upon award Large Plans (22” x 34”) 4 Furnished only upon request Additional plans and contract provision may be obtained by the contractor from the source sated in the Call for bids, at the Contractor’s own expense. 1-02.5 Proposal Forms Delete this Section and replace it with the following: (******) At the request of the bidder, the Contracting Agency will provide a proposal form for any project on which the bidder is eligible to bid. The proposal form will identify the project and its location and describe the Work. It will also list estimated quantities, units of measurement, the items of Work, and the materials to be furnished at the unit bid prices. The bidder shall complete spaces on the proposal form that call for, but are not limited to, unit bid prices; extensions; summations; the total bid amount; signatures; date; and, where applicable, retail sales taxes and acknowledgement of addenda; the bidder’s name, address, telephone number, and signature; and a State of Washington Contractor’s Registration Number. Bids shall be completed by typing or shall be printed in ink by hand, preferably in black ink. The required certifications are included as part of the proposal form. The Contracting Agency reserves the right to arrange the proposal forms with alternates and additives, if such be to the advantage of the Contracting Agency. The bidder shall bid on all alternates and additives set forth in the proposal forms unless otherwise specified. Any correction to a bid made by interlineations, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. 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 mate rials are, in fact, so exempt., H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 10 1-02.7 Bid Deposit Section 1-02.7 is supplemented with the following: (******) Bid Bonds shall contain the following: 1. Number assigned to the project by the Contracting Agency; 2. Name of the project; 3. The Contracting Agency named as obligee; 4. The amount of the bid bond stated either as a dollar figure or as a percentage which represents five percent of the maximum bid amount that could be awarded; 5. Signature of the bidder’s officer empowered to sign official statements. The signature of the person authorized to submit the bid should agree with the signature on the bond, and the title of the person must accompany said signature; 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. The Contracting agency will not consider Proposals it receives after the time fixed in the call for Bids. 1-02.12 Public Opening of Proposals Section 1-02.12 is supplemented with the following: (******) The Contracting Agency reserves the right to postpone the date and time for bid opening. Notification to bidder will be by addenda. 1-02.13 Irregular Proposals Revise item I to read: (******) 1. A proposal will be considered irregular and will be rejected if: a. The bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; c. The complete proposal form contains any unauthorized additions, deletions, alternate bids, or conditions; d. The bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the bid proposal; f. The proposal form is not properly executed; g. The bidder fails to submit or properly complete a subcontractor list, if applicable, as required in Section 1-2.6 h. The bidder fails to submit or properly complete a Disadvantaged, Minority or Women’s Business Enterprise Certification, if applicable, as required in Section 1 - 02.6; or i. The bid proposal does not constitute a definite and unqualified offer to meet the material terms of the bid invitation. 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: (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 11 1. A bidder will be deemed not responsible and the proposal rejected if the bidder does not meet the responsibility criteria in RCW 39.04. 2. A bidder may be deemed not responsible and the proposal rejected if: a. More than one proposal is submitted for the same project from a bidder under the same or different names; b. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; c. The bidder, in the opinion of the Contracting Agency, is not qualified for the Work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a prequalification of the bidder; d. An unsatisfactory performance record exists based on past or current Contr acting 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 12 1-03.2 Award of Contract Section 1-03.2 is supplemented with the following: (******) The contract, bond form, and all other forms requiring execution, together with a list of all other forms or documents required to be submitted by the successful bidder, will be forwarded to the successful bidder within 10 days of the award. The number of copies to be executed by the Contractor shall be determined by the Contracting Agency. 1-03.3 Execution of Contract Section 1-03.3 is revised and supplemented as follows: (******) Within 10 calendar days after receipt from the City of the forms and documents required to be completed by the Contractor, the successful bidder shall return the signed Contracting Agency - prepared contract, an insurance certification as required by Section 1-07.18, and a satisfactory bond as required by law and Section 1-03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre-award information the Contracting Agency may require under Section 1-02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency-furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. The Contracting Agency is prohibited by RCW 39.06.010 from executing a contract with a Contractor who 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 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 13 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 b e signed by the president or vice-president, unless accompanied by a written proof of the authority of the individual signing the bond to bind the corporation (i.e., corporate resolution, power of attorney or a letter to such effect by the president or vice-president). 1-03.7 Judicial Review Revise the last sentence to read: The venue of all causes of action arising from the advertisement, award, execution, and performance of the Contract shall be in the Superior Court of the County where the Contracting Agency’s headquarters are located. 1-04 SCOPE OF WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions Specifications, and Addenda Revise the second paragraph to read: (******) Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, 4. Contract Plans, 5. Amendments to the Standard Specifications, 6. WSDOT/APWA Standard Specifications for Road, Bridge and Municipal Construction Section 1-04.3 is a new section: (******) 1-04.3 Contractor-Discovered Discrepancies Upon receipt of award of contract, Contractor shall carefully study and compare all the components of the Contract Documents and other instructions, and check and verify all field measurements. Contractor shall, prior to ordering material or performing work, report in writing to Engineer any error, inconsistency, or omission in respect to design or mode of construction, which is discovered. If 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 Contractor’s duty to inform Engineer immediately in writing, and Engineer will promptly check the same. Any work done after such discovery, until correction of Plans or authorization of extra work is given, if Engineer finds that extra work is involved, will be done at 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: (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 14 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. Minor changes, as ordered by Engineer, may consist of work not otherwise provided for in the Contract and paid in accordance with section 1-09.6 such work may include: 1. Field conflicts or adjustment needed to complete the work 2. Miscellaneous work directed by the Contracting Agency, not covered in the Contract and not exceed $10,000 per change 3. Remove unexpected structures or obstructions 1-04.8 Progress Estimates and Payments Section 1-04.8 is supplemented as follows: (******) The Contractor is encouraged to provide to the Engineer prior to progress payments an estimate of lump sum work accomplished to date. The Engineer's calculations and decisions shall be final in regard to the actual percentage of any lump sum pay item accomplished and eligible for payment unless another specific method of calculating lump sum payments is provided elsewhere in the specifications. 1-04.11 Final Cleanup Section 1-04.11 is supplemented as follows: (******) Final Cleanup related work and restoring all disturbed area to pre-existing conditions or better shall be considered incidental and included in the various bid items. No additional 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 Contractor supplied surveying, the Contractor shall provide all required survey work, including such work as mentioned in Sections 1-05.4(1) and 1-05.4(2), 1-11 and elsewhere in these specifications as being provided by the Engineer. All costs for this survey work shall be included in "Construction Surveying, Staking, and As-Builts," 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 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 Contractor supplied surveyor informed of staking requirements and provide at least 48 hours notice to allow the Engineer or 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 15 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 is furnished the Engineer. Three consecutive points set on line or grade shall be the minimum points used to determine any variation from a straight line or grade. Any such variation shall, upon discovery, be reported to the Engineer. In the absence of such report the Contractor shall be liable for any error in alignment or grade. The Contractor shall provide all surveys required other than those to be performed by the Engineer. All survey work shall be done in accordance with Section 1-11 SURVEYING STANDARDS of these specifications. The Contractor shall keep updated survey field notes in a standard field book and in a format set by the Engineer, per Section 1-11.1(4). These field notes shall include all survey work performed by the Contractor's surveyor in establishing line, grade and slopes for the construction work. Copies of these field notes shall be provided the Engineer upon request and upon completion of the contract work the field book or books shall be submitted to the Engineer and become the property of the Contracting Agency. If the survey work provided by the Contractor does not meet the standards of the Engineer, then the Contractor shall, upon the Engineer's written request, remove the individual or individuals doing the 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 "Construction Surveying, Staking, and As-Builts," 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 Surveyor shall inform the Engineer in writing of any errors, discrepancies, and omissions to the plans that prevent the Contractor and/or 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 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 moneys owed to the Contractor. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 16 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 contractors 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, Hydrants, Major Changes in Design Grade, Vaults, Culverts, Signal Poles, Electrical Cabinets. After the completion of the work covered by this contract, the contractors 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 surveyors seal and signature certifying its accuracy. All costs for as-built work shall be included in the contract item "Contractor Supplied Surveying,” lump sum. 1-05.7 Removal of Defective and Unauthorized Work Section 1-05.7 is supplemented as follows: (******) Contractor shall promptly replace and re-execute work by Contractor forces, in accordance with the intent of the Contract and without expense to Owner, and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. If Contractor does not remove such condemned work and materials and commence re -execution of the work within 7 calendar days of notice from Engineer, Owner may correct the same as provided in the Standard Specifications. In that case, Owner may store removed material. If Contractor does not pay the cost of such removal and storage within 10 calendar days from the date of the notice to Contractor of the fact of such removal, 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 moneys due to Contractor, including costs of sale, and accounting to Contractor for the net proceeds remaining. Owner may bid at any such sale. Contractor shall be liable to Owner for the amount of any deficiency from any funds otherwise due Contractor. 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, of 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 1-05.8 “Owners Right to Correct Defective and/or Unauthorized Work.” H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 17 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 a nd/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 tight 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. To be considered substantially complete the following conditions must be met: 1. The Contracting Agency must have full and unrestricted use and benefit of the facilities both from the operational and safety standpoint. 2. Only minor incidental work, replacement of temporary substitute facilities, or correction of repair work remains to reach physical completion of the work. The Contractor’s request shall list the specific items of work in subparagraph two above that remains to be completed in order to reach physical completion. The Engineer may also establish the Substantial Completion Date unilaterally. If after this inspection, the Engineer concurs with the Contractor that the Work is substantially complete and ready for its intended use, the Engineer, by written notice to the Contractor, will set the Substantial Completion Date. If, after this inspection the Engineer does not consider the Work substantially complete and ready for its intended use, the Engineer will, by written notice, so notify the Contractor giving the reasons therefore. Upon receipt of written notice concurring in or denying substantial completion, whichever is applicable, the Contractor shall pursue vigorously, diligently and without unauthorized interruption, the Work necessary to reach Substantial and Physical Completion. The Contractor shall provide the Engineer with a revised schedule indicating when the Contractor expects to reach substantial and physical completion of the work. The above process shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for Final Inspection. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 18 1-05.11(2) Final Inspection 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 revels the Work incomplete of 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, rake 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 ma y determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 19 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. 1-05.14 Cooperation with Other Contractors Section 1-05.14 is supplemented as follows: (******) Contractor shall afford 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 Contractor’s work with theirs. Other utilities, districts, agencies, and contractors who may be working within the project area are: 1. Puget Sound Energy (gas and electric) 2. AT&T Broadband 3. QWest Communications 4. City of Renton (water, sewer, transportation) 5. Soos Creek Sewer and Water District 6. Cedar River Sewer and Water District 7. Skyway Sewer and Water District 8. Private contractors employed by adjacent property owners The Contractor shall coordinate with City of Renton on tying into any existing electrical service cabinet. 1-05.16 Water and Power Section 1-05.16 is a new Section: (******) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the Work, unless the Contract includes power and water as a pay item. 1-05.17 Oral Agreements Section 1-05.17 is a new section: (******) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the Contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the Contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1-05.18 Contractor's Daily Diary Section 1-05.18 is a new section: (******) Contractor and subcontractors shall maintain and provide to Engineer a Daily Diary Record of this Work. This Diary will be created by pen entries in a hard-bound diary book of the type that is commonly available through commercial outlets. The Diary must contain the Project and Number; if H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 20 the Diary is in loose-leaf form, this information must appear on every page. The Diary must be kept and maintained by 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 Contractor, Owner, or any third party in any manner. 5. Listing of any materials received and stored on- or off-site by 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 Contractor's employees working during each day by category of employment. 9. Listing of 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 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. 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 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 Contractor's official representative on the project. 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 Contractor and Owner that the Daily Diary maintained by 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 Contractor to maintain this Diary in the manner described above will constitute a waiver of any such claims or disputes by Contractor. Engineer or other Owner’s representative on the job site will also complete a Daily Construction Report. 1-06 CONTROL OF MATERIAL 1-06.1 Approval of Materials Prior to Use Section 1-06.1 is supplemented as follows: (******) The materials and equipment lists submitted to 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 Engineer as to conformity with the Contract Documents. Engineer will review the lists within 10 working days, noting required corrections. Contractor shall make required corrections and file 2 corrected copies with Engineer within one week after receipt of required corrections. Engineer's review and acceptance of the lists shall not relieve Contractor from responsibility for suitability for the intended purpose, nor for deviations from the Contract Documents. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 21 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 Engineer does not relieve 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 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 22 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 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 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 23 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). 1-07.5 Environmental Regulations Section 1-07.5 is supplemented as follows: (******) The Contractor shall comply with all construction related provisions of the HPA and other permits obtained by the City. The Contractor shall be responsible for making any changes required by the agencies, and payment of any fines, for violations of any construction related provisions. The City will not make additional compensation for any changes or fines due to the Contractors violations. 1-07.6 Permits and Licenses Section 1-07.6 is supplemented as follows: (******) The Contractor and all subcontractors of any tier must obtain a City of Renton Business License. The permits, easements, and right of entry documents that have been acquired are available for inspection and review. Contractor shall be required to comply with all conditions of the permits, easements, and rights of entry, at no additional cost to Owner. Contractor is required to indemnify Owner from claims on all easements and rights of entry. All other permits, licenses, etc., shall be the responsibility of Contractor and considered as incidental. No additional compensation will be made. 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 Contractor. If Owner is required to secure such permits, permission under franchises, licenses and bonds, and pay the fees, the costs incurred by Owner thereby shall be charged against Contractor and deducted from any funds otherwise due Contractor. 1-07.9 Wages 1-07.9(5) Required Documents Delete the first sentence of the third paragraph, and replace it with the following: (******) 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(11) City of Renton Affidavit of Compliance Section 1-07.11(11) is new: (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 24 Each Contractor, Subcontractor, Consultant, and or Supplier shall complete and submit a copy of the “City of Renton Fair Practices Policy Affidavit of Compliance”. A copy of this document will be bound in the bid documents. 1-07.12 Federal Agency Inspection Section 1-07.12 is supplemented with the following: (******) Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.13 Contractor’s Responsibility for Work 1-07.13(1) General Section 1-07.13(1) is supplemented as follows: (******) During unfavorable weather and other conditions, the contractor shall pursue only such portions of the work as shall not be damaged thereby. No portion of the work whose satisfactory quality or efficiency will be affected by unfavorable conditions shall be constructed while these conditions exist, unless by special means or precautions acceptable to the engineer, the contractor shall be able to overcome them. 1-07.14 Responsibility for Damage Section 1-07.14 is supplemented by adding the following: (******) All references to the “State”, “Commission”, “Secretary”, “Department”, and “officers and employees of the State” shall read “Contracting Agency”. 1-07.15 Temporary Water Pollution/Erosion Control Delete the first paragraph, and replace it with the following: (******) In an effort to prevent, control, and stop water pollution and erosion within the project, thereby protecting the work, nearby land, streams , and other bodies of water, the Contractor shall perfor m all work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. 1-07.16 Protection and Restoration of Property H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 25 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 remo ved in as good a condition as found. He shall also repair all existing structures which may be damaged as a result of the work under this contract. C. Easements, cultivated areas and other surface improvements. All cultivated areas, either agricultural or lawns, and other surface improvements which are damaged by actions of the contractor shall be restored as nearly as possible to their original condition. Prior to excavation on an easement or private right-of-way, the contractor shall strip top soil 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 26 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 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 Owner and Engineer by owners of such underground facilities or others, and Owner and 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 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. Contractor shall check with the utility companies concerning any possible conflict prior to commencing excavation in any area. 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 Contractor having all utilities field marked before starting work, Contractor shall have all utilities field marked after they are relocated in conjunction with this project. Call Before You Dig The 48 Hour Locators 1-800-424-5555 At least 2 and not more than 10 working days prior to commencing any excavations for utility potholing or for any other purpose under this Contract, Contractor shall notify the Underground Utilities Location Center by telephone of the planned excavation and progress schedule. 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 Contractor for locations. 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 Contractor begins work, or may be performed in conjunction with the contract work. Contractor shall be entirely responsible for coordination with the utility companies H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 27 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, Contractor shall continue the construction process on other aspects of the project whenever possible. No additional compensation will be made to Contractor for reason of delay caused by the actions of any utility company and 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 Engineer's request. In no way shall the work described under Utility Potholing 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. Payment Payment will be made at the discretion of Engineer, for the following bid item(s) in accordance with Section 1-09.6 of the Standard Specifications and these Special Provisions: “Utility Potholing,” Force Account “Resolution of Utility Conflicts,” Force Account 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 Contractor's responsibility to notify the affected users and Engineer not less than 48 hours in advance of such outage. 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 contac t shall again be made. Temporary service, if needed, will be arranged by Contractor at no cost to Owner. Overhead lighting outages shall not exceed 24 hours. All cost to 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 28 1-07.18 Public Liability and Property Damage Insurance Section 1-07.18 is deleted replaced by the following new section and subsections: (******) 1-07.18(1) General The Contractor shall obtain and maintain in full force and effect, from the Contract Execution Date to the Completion Date, public liability and property damage insurance with an insurance company(ies) or through sources approved by the State Insurance Commissioner pursuant to RCW 48. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency. Insurance shall provide coverage to the Contractor, all subcontractors, Contracting Agency and the Contracting Agency's consultant. The coverage shall protect against claims for bodily injuries, personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor or the subcontractor, or by anyone directly or indirectly employed by either of them. If warranted work is required the Contractor shall provide the City proof that insurance coverage and limits established under the term of the Contract for work are in full force and effect during the period of warranty work. The Contracting Agency may request a copy of the actual declaration pages(s) for each insurance policy effecting coverage(s) required on the Contract prior to the date work commences. Failure of the Contractor to fully comply during the term of the Contract with the requirements described herein will be considered a material breach of contract and shall be caused for immediate termination of the Contract at the option of the Contracting Agency. All costs for insurance shall be incidental to and included in the unit or Lump Sum prices of 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 29 Coverage shall include: A. Commercial General Liability - ISO 1993 Form or equivalent. Coverage will be written on an occurrence basis and include: Premises and Operations (including CG2503; General Aggregate to apply per project, if applicable) Explosion, Collapse, and Underground Hazards. Products/Completed Operations Contractual Liability (including Amendatory Endorsement CG 0043 or equivalent which includes defense coverage assumed under contract) Broad Form Property Damage Independent Contractors Personal/Advertising Injury Stop Gap Liability B. Automobile Liability including all Owned Vehicles Non-Owned Vehicles Hired Vehicles C. Workers' Compensation Statutory Benefits (Coverage A) - Show Washington Labor & Industries Number D. Umbrella Liability (when necessary) Excess of Commercial General Liability and Automobile Liability. Coverage should be as broad as primary. E. Professional Liability - (whenever the work under this Contract includes Professional Liability, including Advertising activities) the (CONTRACTOR) shall maintain professional liability covering wrongful acts, errors and/or omissions of the (CONTRACTOR) for damage sustained by reason of or in the course of operations under this Contract. F. Pollution Liability - the City may require this coverage whenever work under this Contract involves pollution risk to the environment. This coverage is to include sudden and gradual coverage for third party liability including defense costs and completed operations. Contractor shall name City of Renton, and its officers, officials, agents, employees and volunteers as Additional Insured (ISO Form CG 2010 or equivalent). The Contractor shall provide City of Renton Certificates of Insurance prior to commencement of work. The City 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: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 30 Commercial General Liability General Aggregate* $2,000,000 ** Products/Completed Operations Aggregate $2,000,000 ** Each Occurrence Limit $1,000,000 Personal/Advertising Injury $1,000,000 Fire Damage (Any One Fire) $50,000 Medical Payments (Any One Person) $5,000 Stop Gap Liability $1,000,000 * General Aggregate to apply per project (ISO Form CG2503 or equivalent) **Amount may vary based on project risk Automobile Liability Bodily Injury/Property Damage $1,000,000 (Each Accident) Workers' Compensation Statutory Benefits - Coverage A Variable (Show Washington Labor and Industries Number) Umbrella Liability Each Occurrence Limit $1,000,000 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 31 1-07.22 Use of Explosives Section 1-07.22 is supplemented by the following: (******) Explosives shall not be used without specific authority of the Engineer, and then only under such restrictions as may be required by the proper authorities. Explosives shall be handled and used in strict compliance with WAC 296-52 and such local laws, rules and regulations that may apply. The individual in charge of the blasting shall have a current Washington State Blaster Users License. The Contractor shall obtain, comply with, and pay for such permits and costs as are necessary in conjunction with blasting operations. 1-07.23(1) Construction Under Traffic 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. Contractor shall maintain the roads during construction in a suitable conditi on to minimize affects to vehicular and pedestrian traffic. All cost to maintain the roads shall be borne by 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. Contractor shall provide one driveable 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. 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, offic es, and commercial property. Contractor shall give a copy of all notices to 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. 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 Contractor’s expense, except in areas where the roadway remains closed to public traffic. Steel plates must be anchored. 1-07.24 Rights of Way Delete this section in its entirety, and replace it with the following: (******) Street right of way lines, limits of easements, and limits of construction permits are indicated on the Drawings. The Contractor’s construction activities shall be confined within these limits unless arrangements for use of private property are made. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 32 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 tight 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 buy the Engineer. Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted on the Drawings. The Contractor shall not proceed with any portion of the Work in areas where right of way, easements or rights of entry have not been acquired until the Engineer certifies to the Contractor that the right of way or easement is available or that the right of entry had been received. If the Contractor is delayed due to acts of omission on the part of the Contracting Agency in obtaining easements, rights of entry of right of way, the Contractor will be entitled to an extension of time. The Contractor agrees that such delay shall not be a breach of contract. Each property owner shall be given 48 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. 1-08 PROSECUTION AND PROGRESS Section 1-08.0 is a new section with subsection: (******) 1-08.0 Preliminary Matters 1-08.0(1) Preconstruction Conference Section 1-08.0(1) is a new subsection: (******) The Engineer will furnish the Contractor with up to 4 copies of the Contract Documents. 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: Contractor's plan of operation and progress schedule (3+ copies) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 33 Approval of qualified subcontractors (bring list of subcontractors if different from list submitted with Bid) List of materials fabricated or manufactured off the project Material sources on the project Names of principal suppliers Detailed equipment list, including “Rental Rate Blue Book” hourly costs (both working and standby rates) Weighted wage rates for all employee classifications anticipated to be used on Project Cost percentage breakdown for lump sum bid item(s) Shop Drawings (bring preliminary list) Traffic Control Plans (3+ copies) 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 Contractor Compliance with Contract Documents Acceptance and approval of work Labor compliance, payrolls, certifications Safety regulations for Contractors’ and 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 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 Contractor should be prepared for their review and discussion of progress schedule and coordination. 1-08.0(2) Hours of Work Section 1-08.0(2) is a new subsection: (******) Except in the case of emergency or unless otherwise approved by the Contracting Agency, the normal straight time working hours for the Contract shall be any consecutive 8-hour period between 7:00 a.m. and 5:00 p.m. of a working day with a maximum 1-hour lunch break and a 5-day Work week. The normal straight time 8-hour working period for the Contract shall be established at the 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 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 34 from the public or adjoining property owners regarding the noise from the Contractor’s operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to Work Saturdays, Sundays, holidays or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or the Engineer. These conditions may include but are not limited to: requiring the Engineer or such assistants as the Engineer may deem necessary to be present during the Work; requiring the Contractor to reimburse the Contracting Agency for the cost of engineering salaries paid Contracting Agency employees who worked during such times; considering the Work performed on Saturdays, Sundays, and holidays as working days with regards to the Contract Time; and considering multiple Work shifts as multiple working days with respect to Contract Time even though the multiple shifts occur in a single 24-hour period. Assistants may include, but are not limited to, survey crews; personnel from the material testing labs; inspectors; and other Contracting Agency employees when in the opinion of the Engineer such Work necessitates their presence. 1-08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees Section 1-08.0(3) is a new subsection: (******) Where the Contractor elects to Work on a Saturday, Sunday, holiday, or longer than an 8 - hour Work shift on a regular working day, as defined in the Standard Specifications, such Work shall be considered as overtime Work. On all such overtime Work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. The Contractor shall reimburse the Contracting Agency for the full amount of the straight time plus overtime costs for employees and representative(s) of the Contracting Agency required to work overtime hours. The Contractor by these Specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due the Contractor. 1-08.1 Subcontracting Revise the second paragraph to read: The Contractor shall not subcontract Work unless the Engineer approves in writing. Each request to subcontract shall be on the form the Engineer provides. If the Engineer requests, the Contractor shall provide proof that subcontractor has the experience, ability, and equipment the Work requires. The Contractor shall require each subcontractor to comply with Section 1-07.9 and to furnish all certificates and statements required by the Contract. The Contractor shall require each subcontractor of every tier to meet the responsibility criteria stated in RCW 39.06, and shall include these requirements in every subcontract of every tier. Section 1-08.1 is supplemented 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 35 1-08.1(3) Hours of Work (Additional) 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 6:00 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 6:00 p.m. on any day, the Contractor shall apply in writing to the Engineer for permission to work such times. Permission to work longer than an 8-hour period between 7:00 a.m. an 6:00 p.m. is not required. Such requests shall be submitted to the Engineer no later than noon on the working day prior to the day for which the Contractor is requesting permission to work. Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 7:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the contractor exceeds the Contracting Agency’s noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor’s operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Permission to work Saturdays, Sunday, holidays of 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 Engineer. These conditions may include but are not limited to : r equiring 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 Saturday and holiday as working day 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 Contracting Agency’s material testing lab; inspectors; and other Contracting Agency employees when in the opinion of the Engineer such work necessitates their presence. 1-08.1(3) Reimbursement for Overtime Work of Contracting Agency Employees Where the Contractor elects to work on a Saturday, Sunday, or other holiday, of 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 Contraction Agency for the full amount of the straight time plus overtime costs for employees 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. 1-08.2 Assignment The second paragraph of Section 1-08.2 is modified as follows: (******) Contractor shall not assign any moneys due or to become due to Contractor hereunder without the prior written consent of 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: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 36 (******) The progress schedule for the entire project shall be submitted 7 calendar days prior to the Preconstruction Conference. The schedule shall be prepared using the critical path method (CPM), preferably using Microsoft Project or equivalent software. The schedule shall contain this information, at a minimum: 1. Construction activities, in sufficient detail that all activities necessary to construct a complete and functional project are considered. Any activity that has a scheduled duration exceeding 30 calendar days shall be subdivided until no sub-element has a duration exceeding 30 calendar days. The schedule shall clearly indicate the activities that comprise the critical path. For each activity not on the critical path, the schedule shall show the float, or slack, time. 2. Procurement of material and equipment. 3. Submittals requiring review by Engineer. Submittal by Contractor and review by Engineer shall be shown as separate activities. 4. Work to be performed by a subcontractor, agent, or any third party. 5. Allowances for delays that could result from normal inclement weather (time extensions due to inclement weather will not be allowed). 6. Allowances for the time required by utilities (Owner’s and others) to locate, monitor, and adjust their facilities as required. Engineer may request Contractor to alter the progress schedule when deemed necessary in the opinion of Engineer—in the interest of public safety and welfare or of 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. Contractor shall provide such revised schedule within 10 days of request. If, at any time, in the opinion of Engineer, the progress of construction falls significantly behind schedule, 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. Contractor shall promptly report to Engineer any conditions which Contractor feels will require revision of the schedule and shall promptly submit proposed revisions in the progress schedule for acceptance by Engineer. When such changes are accepted by Engineer, the revised schedule shall be followed by Contractor. Weekly Schedule. Contractor shall submit a weekly progress schedule to 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. 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 Contractor, the proposed construction schedule cannot be met, Engineer will require Contractor to submit a revised schedule to Engineer for acceptance. The approved revisions will thereafter, in all respects, apply in lieu of the original schedule. Failure of Contractor to follow the progress schedule submitted and accepted, including revisions thereof, shall relieve Owner of any and all responsibility for furnishing and making available all or any portion of the job site, and will relieve Owner of any responsibility for delays to 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 supplemented as follows: (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 37 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 voluntar y shutdowns or slowing of operations b 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, and shall end on the Contract Completion Date. A nonworking day is defined as a Saturday, a Sunday, a day on which the contract specifically suspends work, or one of these holidays: January 1, 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 which, 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 nonworking day or an Engineer determined unworkable day. The Engineer will furnish the Contractor a weekly report showing (1) the number of working days charged against the Contract Time for the preceding week; (2) the Contract Time in working days; (3) the number of working days remaining in the Contract Time; (4) the number of nonworking 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 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 38 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, 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 which can be performed without delivery of the critical items shall start and be completed as soon as possible. At that time, Engineer may suspend the work upon request of Contractor until the critical items are delivered to Contractor, if the Contracting Agency received a purchase order within 10 calendar days after execution of the Contract by the Contracting Agency. Contractor will be entitled to only one such suspension of time during the performance of the work and during such suspension shall not perform any additional work on the project. Upon delivery of the critical items, contract time will resume and continue to be charged in accordance with Section 1- 08. 1-08.6 Suspension of Work Section 1-08.6 is supplemented as follows: (******) Owner may at any time suspend the work, or any part thereof, by giving notice to Contractor in writing. The work shall be resumed by Contractor within 14 calendar days after the date fixed in the written notice from Owner to Contractor to do so. Contractor shall not suspend work under the Contract without the written order of Owner. If it has been determined that 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 Contract or'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, Contractor shall compensate Owner for actual engineering inspection and supervision costs and any other expenses and legal fees incurred by Owner as a result of such delay. Such labor costs will be billed to Contractor at actual costs, including administrative overhead costs. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 39 In the event that Owner is required to commence any lawsuit in order to enforce any provision of this Contract or to seek redress for any breach thereof, Owner shall be entitled to recover its costs, including reasonable attorneys fees, from 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 contractor's operations have commenced until final acceptance of the work by the engineer and the Owner. The contractor shall employ such measures as additional fencing, barricades, and watchmen service, as he deems necessary for the public safety and for the protection of the site and his plant and equipment. The Owner will be provided keys for all fenced, secured areas. 1-08.12 Attention to Work Section 1-08.12 is a new section: (******) The contractor shall give his personal attention to and shall supervise the work to the end that it shall be prosecuted faithfully, and when he is not personally present on the work site, he shall at all times be represented by a competent superintendent who shall have full authority to execute the same, and to supply materials, tools, and labor without delay, and who shall be the legal representative of the contractor. The contractor shall be liable for the faithful observance of any instructions delivered to him or to his authorized representative. 1-09 MEASUREMENT AND PAYMENT 1-09.3 Scope of Payment Section 1-09.3 is supplemented by adding the following: (******) Unless modified otherwise in the Contract Provisions, the Bid Items listed or referenced in the “Payment” clause of each Section of the Standard Specifications, will be the only items for which compensation will be made for the Work described in or specified in that particular Section 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 40 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. 1-09.7 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 Contractor's personnel; and obtaining permits or licenses required to complete the project not furnished by Owner. This item shall also include providing Engineer and Inspectors with access to telephone, facsimile machine, and copy machine during all hours Contractor is working on the jobsite; and a table and chair for their use when needed. Payment will be made for the following bid item(s): “Mobilization,” 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 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 41 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. 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 Owner has no unsatisfied claims against Contractor. In the event claims are filed, Owner shall withhold, until such claims are satisfied, a sum sufficient to satisfy all claims and to pay attorney's fees. In addition, Owner shall withhold such amount as is required to satisfy any claims by Owner against Contractor, until such claims have been finally settled. Neither the final payment nor any part of the retained percentage shall become due until Contractor, if requested, delivers to 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 Contractor has knowledge or information, the release and receipts include all labor and materials for which a lien could be filed: but Contractor may, if any subcontractor refuses to furnish a release or receipt in full, furnish a bond satisfactorily to Engineer to indemnify Owner against the lien. If any lien remains unsatisfied after all payments are made, Contractor shall reimburse to 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. 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 RXW 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) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 42 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 base upon the liquidated dames amount per day se 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 perform any 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 of subcontractor an=of any tier as required by Section 1-07.9. f. Failure of the Contractor to pay worker’s benefits (Title 50 and Title 51 RCW) as required by Section 1-07.10. g. Failure of the Contractor to submit and obtain approval of a progress schedule per Section 1-08.3. The Contractor authorizes the Engineer to act as agent for the Contractor disbursing such funds as have been withheld pursuant to this section to a party or parties who are entitled to payment. Disbursement of such funds, if the Engineer elects to do so will be made only after giving the Contractor 15 calendar days prior written notice of the Contracting Agency’s intent to do so, and if prior to the expiration of the 15-calendar day period, 1. no legal action has commenced to resolve the validity of the claims, and 2. the Contractor has not protested such disbursement. A proper accounting of all funds disbursed on behalf of the Contractor in accordance with this section will be made. A payment made pursuant to this section shall be considered as payment make under the terms and conditions of the Contract. The Contracting Agency shall not be liable to the Contractor for such payment make 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; H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 43 nor shall such payment preclude the Contracting Agency from recovering damages, setti ng 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 which 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 of 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 regulations – Federal, State, or local – that affect the contract. The dated the Contraction 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: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 44 (******) The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency’s headquarters are located. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the Contract as a basis for decisions. 1-09.13(3)B Procedures to Pursue Arbitration Section 1-09.13(3)B is supplemented by adding: (******) The findings and decision of the board of arbitrators shall be final and binding on the parties, unless the aggrieved party, within 10 days, challenges the findings and decision by serving and filing a petition for review by the superior court of King County, Washington. The grounds for the petition for review are limited to showing that the findings and decision: 1. Are not responsive to the questions submitted; 2. Is contrary to the terms of the contract or any component thereof; 3. Is arbitrary and/or is not based upon the applicable facts and the law controlling the issues submitted to arbitration. The board of arbitrators shall support its decision by setting forth in writing their findings and conclusions based on the evidence adduced at any such hearing. The arbitration shall be conducted in accordance with the statutes of the State of Washington and court decisions governing such procedure. The costs of such arbitration shall be borne equally by the City and the contractor unless it is the board's majority opinion that the contractor's filing of the protest or action is capricious or without reasonable foundation. In the latter case, all costs shall be borne by the contractor. 1-09.14 Payment Schedule Measurement and Payment Schedule for Bid Items in this project proposal This is a new section (******) H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 1 of 16 1-09.14 Payment Schedule (New Section) Project SWP-27-2057 General - Scope A. Payment for the various Bid Items, as further specified herein, shall include all compensation to be received by the CONTRACTOR for furnishing all tools, equipment, supplies, and manufactured articles, and for all labor, operations, and incidentals appurtenant to the items of work being described, as necessary to complete the various items of the WORK all in accordance with the requirements of the Contract Documents, including all appurtenances thereto, and including all costs of compliance with the regulations of public regulations of public agencies having jurisdiction, including Safety and Health Administration of the US Department of Labor (OSHA). B. The Owner shall not pay for material quantities that exceed the actual measured amount used and approved by the ENGINEER. C. It is the intention of these specifications that the performance of all work under the bid for each item shall result in the complete construction, in an accepted operating condition, of each item. Work and material not specifically listed in the proposal but required in the plans, specifications, and general construction practice, shall be considered incidental to the construction of the project and the Contractor shall include the cost within the unit bid prices. No separate payment will be made for incidental items. 1-09.14(1) Basic Bid (New Section) This section is an outline of the basic bid items that will determine the low bidder for this project. Measurement and Payment, where described in a bid item, shall supercede Measurement and Payment listed in other sections of the Special Provisions and Standard Specifications. Basis For Award The construction contract will be awarded by the City of Renton to the lowest, responsible, responsive bidder. The bidder shall bid on all bid schedule items of all schedules set forth in the bid forms to be considered responsive for award. The total price of all schedules will be used to determine the successful low responsive bidder. Partial bids will not be accepted. The owner reserves the right to award any or all schedules of the bid to meet the needs of the City. The intent is to award to only one Bidder. Permits and Construction The Contractor is responsible for complying with the The Hydraulic Project Approvals (HPAs) issued by the Washington State Department of Fish and Wildlife, and the Nation Wide Permits (NWPs) issued by the Army Corps of Engineers. All work below the ordinary high water line for both projects shall occur between July 1 and August 31, 2019. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 2 of 16 Maplewood Creek Sediment Basin Bid Item A-1 Mobilization (LS) This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during project construction. This item also includes final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. Any spilled gravel on the golf course, cart paths, next to the creek, and in any other areas shall be removed. The parking lot, access road, and cart paths shall be swept and all debris removed at the end of the project. Contractor use of the parking lot south of the sediment basin is limited to the area shown on the plans. The adjacent areas may be used for golf course parking. The Contractor shall avoid inconveniencing patrons and vehicles using those areas. The Contractor is responsible for any damage and injury to private vehicles, property, and persons per Standard Specifications Section 1-07.14. Golf course customers and grounds workers use the two bridges across Maplewood Creek, north of the flow splitter structure, to reach the parking area and to travel between fairways. They also use the cart paths west of the creek. The Contractor shall give golf course users right-of-way on the bridge and cart paths when working on the project site. The Contractor shall not block the cart paths when working on the project site. Work Day Restrictions - 2019 Major golf course event days and work restrictions are listed below. The events schedule is subject to change since tournaments may be added. The Contractor should anticipate heavier traffic through the golf course parking lot and on the cart paths on those days. Sun.Mon.Tues.Weds.Thurs.Fri.Sat. 07/14/2019 17th A 18th A 08/18/2019 21st A 22nd A 09/01/2019 2nd Holiday Golf Course Work Day Restrictions A – No work on creek on golf course or fairway crossing area. Contractor may work in the sediment basin only. August 31 – HPA limit on work below OHWL Sept. 2 – Holiday. No work on entire project. No work on weekends without City approval H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 3 of 16 Machinery shall not be started before 7 am on any day. The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than August 31 to comply with the HPA permit. The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1- 07.5. The Contractor shall prepare a Work Plan, which shall include the following: A. Proposed construction schedule and sequence for all major items of work. B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. Storage shall not interfere with use of the City ROW, golf course parking, and commercial and residential access. The Work Plan shall be submitted to the City for review, revision, and approval within 10 working days of the contract award. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. 80% of this item shall be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining 20% of this item shall be included in the final pay estimate issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Bid Item A-2: Construction Surveying, Staking, and As-built (LS) Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. The as-built survey shall be per Special Provisions Section 1-05.4(4). All work shall be located per the City of Renton Survey Control Network. The known points of the concrete structures in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 4 of 16 The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as-built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. Measurement for this bid item shall be per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as- constructed field (as-built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. Payment may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as- built information and submittals by the Engineer. Bid Item A-3 Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (LS) This items includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, draining the sediment basin, and coordination with adjacent private property owner regarding water supply to a private fish pond. See the description and photos of 1999 cleaning for an example of the work and techniques needed. During all work at least 3/4 of the flow shall be kept moving downstream at all times so the creek is not dewatered and fish life is not adversely affected while work is occurring. Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 18-inch bypass inlet. The bypass dam will divert the entire flow from the creek into the 18- inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe plus 3 inches. Materials to be used for the bypass dam shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed and used to collect any water running under the bypass dam and redirect it back H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 5 of 16 into the bypass pipe. Pumping shall be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam is completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. Drain Sediment Basin After the bypass dam is installed and the creek is diverted, the sediment basin shall be drained using the 8-inch valves in the concrete structures. Before draining starts the Contractor will place plastic sheeting anchored by sandbags on the bottom of the basin, 5 to 6 feet out from the valves, to help reduce the amount of bottom sediment that may be stirred up and discharged through the valves. After the water is drained as low as the valves will allow, the Contractor shall use a portable pump to completely dewater the sediment basin. The 8-inch underdrain may also be opened to allow the sediment to dewater. If the water from the valves is too silty to discharge to the creek other means may be used to dewater the sediment. The contractor shall not discharge sediment laden water to the creek. Fish Rescue All fish life shall be rescued from the creek and sediment basin, and transferred to the downstream creek per the HPA permit and requirements. The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor will remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. Coordination with Private Property Owner The private property owner (Mr. Casey McCarthy) on the east side of Maplewood Creek operates a fishpond on his property. The Contractor will be responsible for coordinating with Mr. McCarthy to keep sediment laden water from entering his fish pond while the basin is being cleaned. The City will assist the Contractor with coordination by notifying Mr. McCarty of the work prior to the anticipated start date. During the maintenance period, the Contractor will be responsible for closing the inlet valve (located on the east side of the overflow spillway) that supplies water to the McCarty fish pond. The valve must be closed before dewatering begins to avoid discharge of any silt laden water into the fish pond. After the inlet valve is close, Mr. McCarty will be responsible for supplying water to his fish pond from the creek next to his property. He usually places a small pump in the creek adjacent to his property. The Contractor will be responsible for not disturbing Mr. McCarty’s pump, and notifying McCarty at least 24 hours before the work starts. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 6 of 16 Measurement for this bid item shall be made per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all design, labor, equipment and materials required to complete this item of work in accordance with the Contract Documents. Bid Item A-4 Remove, Haul, and Dispose of Sediment (LS) This item includes removing the accumulated sediment from all locations including: The sediment basin and the channel at the north end of the basin as shown on the plans Sediment in the sediment basin and upper channel shall be excavated using a smooth bucket to avoid damaging the imported backfill layer and PVC liner. Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. Only singe dump trucks shall be used across the bridge to the sediment basin, no truck and trailer combinations. Contractor shall immediately clean any dirt or debris spilled in the golf course parking lot and driving travel lanes. Sediment removal and hauling shall comply with the Work Day Restrictions identified in Bid Item A-1. Sediment Basin The accumulated sediment above the imported backfill layer shall be removed and disposed of offsite. The sediment basin and channel at the north end of the basin have a layer of imported backfill about 12-inch thick placed above a PVC liner. The imported backfill layer is different from the accumulated sediment and it is possible to differentiate between the two materials by sight and feel. The contractor shall use the sediment basin construction plans and as-built plans to help locate the top of the 12-inch imported backfill layer. Caution: in some areas the imported backfill layer may be only 2- to 3-inches thick. The Contractor shall hand dig test holes to confirm the location and elevation of the backfill layer and PVC liner as needed during construction. The Contractor shall also dig test holes at various locations. Test holes are most likely needed at the edges of the basin where the PVC liner is close to the surface. All costs to dig all test holes is incidental to this bid item. The work includes cleaning the sediment out of the McCarty valve standpipe. The contractor shall loosen the clamps holding the standpipe, remove it and cleanout any sediment present. The replace and standpipe and tighten the clamps to hold it in place. Upper Channel The accumulated sediment in the upper channel north of the sediment basin will be removed to restore the area so it is similar to the as-built plans and the post construction photos. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 7 of 16 The center section of the channel is approximately 8 to 12 feet wide, and has rock berms at several locations along across the bottom of the channel and along the sides. In the center of the channel sediment shall be removed to expose the top of the rock berms. Along the sides sediment must be carefully removed from between the rock berms without disturbing them. Approximately 18- to 24-inches of the rock berms should be exposed. Some rocks may need to be adjusted to the berms to return them to the proper shape and alignment. The PVC liner is close to the top of backfill in this area so hand dug test holes may be needed to verify the liner location. All adjustments for the rock berms, are considered incidental. No extra payment will be made for any adjustments directed by the City. PVC Liner The contractor is responsible for protecting the PVC liner under the sediment basin and upper channel during excavation, and is responsible for repairing any damage to the liner caused by construction. Damage could occur by not hand digging test holes to confirm the liner location, excavating too deep, and not properly protecting the liner from potential damage from vehicle traffic. Any major punctures or tears shall be repaired by seaming a new PVC patch over the affected area in accordance with manufacturer’s recommendation and industry practice. Seaming shall be done by a company with experience in PVC liner construction and seaming. Minor tears may be repaired by other means (tape or gluing), if approved by the City. All repair any damage to the liner resulting from construction shall be incidental. No extra compensation will be made. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. The quantity estimates is approximately 1,000 cubic yards of sediment needed to be removed for the project. The actual amount of sediment removed may vary from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. Measurement for this bid item shall be per lump sum. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 8 of 16 Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. Bid Item A-5 Refill Basin, Remove Bypass Dam, Restore Bank (LS) This item includes refilling the sediment basin with water, restoring flow into the sediment basin and fish ladder, removing materials related to the installation of temporary bypass dam and second dam, and restoring any banks and vegetation disturbed by the work. The basin shall not be refilled until the as-built survey has been performed and the results have been reviewed and approved by the City. If the City determines additional sediment needs to be removed based on the survey results, the additional sediment shall be removed and the area resurveyed at no extra cost to the City. During the refilling process at least 3/4 the creek flow shall be kept flowing to the fish channel on the golf course via the bypass pipe at all times. The Contractor shall plan the work so that the basin will be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam and second dam can be removed the next day. The work shall include rebuilding and compacting the bank on the west side of the basin where it was eroded by the creek. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. This item includes any and all work needed to restore the banks next to the sediment basin and other areas after cleaning including but not limited to regrading the banks, replacing rip- rap, grading, raking, and topsoil placement. Measurement for this bid item shall be made per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item A-6 Remove and Adjust Existing Rock Berms (LS) This item includes moving and adjusting existing rock berms in the sediment basin area as shown on the plans and/or as directed by the City. The Contractor may consider using machinery to lower rock berms into place, move, and adjust rock berms into position where possible. Hand labor may be needed to adjust rock berms to final locations in areas not accessible by machinery. The Contractor shall not remove excess vegetation, or damage adjacent trees, the creek bed or banks. The rock berm locations and adjustments will be directed by the City. Measurement for this bid item shall be per lump sum. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 9 of 16 Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Bid Item A-7 Channel Vegetation, Branch and Wood Debris Removal (LS) This item includes removing and disposing invasive weeds in the creek channel as shown on the plans and removing and disposing branch and wood debris located adjacent to existing boulders in the creek channel as directed by the Engineer. All work will be done by hand with shovels. The branch and wood debris removal locations in the creek channel will be identified in the field by the City. The contractor shall provide temporary portable nets or shields to help protect workers from golf balls. All workers shall wear hardhats. All work for this item will be by hand labor, unless otherwise approved by the City. Only small pickup trucks may be used on the paved golf course path. Only small soft tired vehicles (such as bobcats or ATVs) may be used to deliver or remove invasive weed and branch and wood debris along the side of the creek. The Contractor shall keep the golf course path clear for golf carts and golfers. The Contractor shall not interfere with golf course plays. The Contractor shall avoid damaging the golf course grounds. The Contractor shall be responsible for repairing any damages to the golf course grounds at his own expense, to the satisfaction of the City. This item includes supplying all labor, tools, equipment, and materials needed for the work. Removal, hauling, and offsite disposal of all invasive weeds, branch and debris are included in the bid item. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials including temporary net or shield, tools, labor, and equipment required to complete the work as shown on the Plans, as directed by the City, and in accordance with the Contract Documents. Bid Item A-8 Hydroseeding (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, upper channel, on any areas of the outer banks where vegetation was disturbed by the work. Hydroseeding shall be per Special Provisions Section 9-14.5(7). A layer of straw mulch shall be placed over all hydroseed areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 10 of 16 The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this bid item shall be per square feet. Payment for this bid item shall be made per square feet bid amount and considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item A-9: Minor Changes (LS) This item is intended for use by the City to pay for any minor changes that may be needed for project construction. It does not apply to work that is part of or incidental to other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this lump sum may be used in lieu of the more formal change order procedure as outlined in Standard Specifications Section 1-04.4(1). Any work and payment under this item must be authorized in writing by the City Project Manager. Payment will be determined in accordance with Standard Specification Section 1- 09.4. Measurement of Minor Change shall be per lump sum. Payment for this bid item will be prorated for the changes and amounts approved in writing by the City. If no changes are authorized the final payment for this bid item will be $0 (zero). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 11 of 16 Madsen Creek Sediment Basin Bid Item B-1 Mobilization (LS) This bid item includes the complete cost of furnishing and providing, complete and in-place all work and materials necessary to move and organize equipment and personnel onto the job site, provide and maintain all necessary support facilities and utilities, prepare the site for construction operations, and maintain the site and surrounding areas during construction. This item also includes final cleanup, dressing and trimming the project area after construction, and the moving all personnel and equipment off the site after the work is completed. All debris and excess materials shall be removed from the project area at the end of the job. Work Day Restrictions August 31– HPA limit on work below OHWL Sept. 2 – Holiday. No work on entire project. No work on weekends without City approval Machinery shall not be started before 7 am on any day. The Contractor shall plan the work such that all work below the ordinary high water line is completed by no later than August 31 to comply with the HPA permit. The Contractor is responsible for complying with the HPA permit, the Army Corps of Engineers Permits that are issued, and all other permits, per Special Provisions section 1- 07.5. The Contractor shall prepare a Work Plan, which shall include the following: A. Proposed construction schedule and sequence for all major items of work. B. Mobilization Plan showing the proposed location for storage of all equipment and materials proposed to be located at the site. C. The Contractor shall provide a lock to place in the daisy chain of locks on the access road gate. At the end of the work the Contractor shall remove the lock. Measurement of Mobilization, Cleanup, and Demobilization shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, equipment, and labor required to complete this item of work in accordance with the Contract Documents. 80% of this item will be paid after the Contractor is fully in operation and construction of the Project has begun. The remaining 20% of this item will be included in the final pay estimate issued at the completion of the work provided that all equipment has been removed from the Project, as-built drawings are submitted and approved by the Owner, and the cleanup is acceptable to the Owner. Bid Item B-2 Temporary Traffic Control (LS) The temporary traffic control plan (TCP) shall be submitted to the City within 10 working days of contract award for accessing to the site and for helping trucks entering and leaving SR-169. The temporary traffic control warning signs may be considered including “Caution, H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 12 of 16 Truck Entering Highway” on SR-169 before access road to site. If hauling is continuous, or if traffic problems occur, flaggers will be required at the access road to help trucks entering and leaving SR-169. The TCP as provided by the Contractor shall include, but not be limit to the following information: Temporary warning sign locations Minimum lane widths provided for vehicular travel Turn pocket length, gap, and taper in conformance with the City of Renton standard details, MUTCD, and WSDOT standard plans The contractor shall erect and maintain traffic control warning signs, and other traffic control devices necessary to warn and protect the public at all time from injuries and damage resulting from the contractor’ operations. No work shall be performed until TCP is approved by the City and all necessary temporary traffic control warning signs, other traffic control devices, and flaggers are in place. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for labor, equipment, and materials required to complete this item of work including the preparation and submittal of TCP required to complete the work. Bid Item B-3: Construction Surveying, Staking, and As-built (Lump Sum) Surveying shall be per Special Provisions Section 1-05.4 and the City of Renton Surveying Standards in Special Provisions Section 1-11 under the direct supervision of a professional land surveyor (PLS) licensed by the State of Washington. The as-built survey shall be per Special Provisions Section 1-05.4(4). All work shall be located per the City of Renton Survey Control Network. The known points as shown in the construction plans in the sediment basin surveyed for the original sediment basin construction may be used as reference benchmarks for the survey. The surveyor shall use at least two locations on different structures to confirm the reference coordinates and elevations. The construction survey shall locate and stake the toe, corners, sides, and other significant locations of the sediment basin and creek above the sediment basin to help guide the sediment removal. Offset stakes shall be provided as needed. After the sediment basin has been cleaned the surveyor shall locate the toe, corners, sides and other significant locations of the basin and creek to document the cleaning. The surveyor shall provide the as-built survey information for the bottom and sides of the basin to the City to confirm that that the basin has been cleaned per plan before the basin is allowed to be refilled. The surveyor shall provide the City with a set of redline drawings with the as-built locations and elevations of all points surveyed bearing the surveyors PLS seal and signature certifying its accuracy. A copy of the as-built AutoCAD drawing shall be submitted to the City. The surveyor shall also provide a list of all points measured including the point description, coordinates, and elevation. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 13 of 16 Measurement for this bid item shall be per lump sum. Payment shall be made per lump sum bid amount and considered complete compensation for all labor, materials, equipment, travel, surveying needed to construct the improvements to the line and grade as shown on the plans, to provide the required construction and as- constructed field (as-built information) notes and drawings, etc. required to complete this item of work in conformance with the Contract Documents. Payment may be prorated over the construction period based on the amount of work completed for construction surveying, staking and as-built information. No more than 70% of the bid amount for this item shall be paid prior to the review and acceptance of the final as- built information and submittals by the Engineer. Bid Item B-4 Construct Bypass Dam, Divert Creek, Rescue Fish, and Drain Sediment Basin (LS) This item includes all work needed for construction of temporary bypass dam and second dam, diversion of the creek from the work areas, and draining the sediment basin. See the description and photo of 1999 cleaning for examples of the work and techniques needed. During all work approximately 3/4 of the flow shall be kept moving downstream so the creek is not dewatered and fish life is not adversely affected while work is occurring. Upstream Bypass Dam and Creek Diversion The upstream bypass dam will be constructed upstream of the sediment basin, next to the 24-inch bypass pipe inlet. The bypass dam will divert the entire flow from the creek into the 24-inch bypass pipe to prevent water from flowing to the sediment basin. The bypass dam will be at least as high as the top of the bypass pipe, plus 3 inches. Materials to be use shall include, but be not limited to concrete blocks, media bags, sandbags, and plastic sheeting, keyed into the creek bed to limit potential underflow. The contractor may propose other material for the bypass dam as long as it meets needs for a dam and complies with the permit requirements. Dirt fill shall not be used to construct the bypass dam. A second dam, plastic sheeting, portable sump pump downstream of the bypass dam shall be installed to collect any water running under the first bypass dam and redirect it back into the bypass pipe. Pumping may be required 24-hours a day to keep water from flowing to the sediment basin The work shall be planned and executed so the temporary bypass dam will be completed early in the morning (approx. 10:00 am), and the remainder of the day will be used for draining the sediment basin and fish rescue. Drain Sediment Basin After the bypass dam is constructed and the creek is diverted, the sediment basin shall be completely drained using a portable pump. The contractor shall not discharge sediment laden water to the creek. Water with excess sediment may be discharged to a grassy area to filter the sediment out and allow clean water to run to the creek. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 14 of 16 Fish Rescue All fish and other aquatic life shall be rescued from the creek and sediment basin, and transferred to the downstream creek per the HPA Permit and requirements. The City will have an environmental consultant perform fish rescue from the creek and sediment basin. The contractor will remain onsite during the fish rescue to ensure that the bypass dam is functioning properly. The contractor shall coordinate and provide assistance to the environmental company for fish rescue as needed and directed. Typical assistance may include providing a portable gas pump with a screen meeting the HPA requirements, helping pump the basin dry, helping net any fish in the creek and sediment basin, hauling buckets of fish as directed by the environmental consultant, and return fish to the downstream creek. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all design, labor equipment and materials required to complete this item of work in accordance with the Contract Documents. Payment will be prorated as the work is accomplished. Bid Item B-5 Remove, Haul, and Dispose of Sediment (LS) This item includes removing the accumulated sediment from the sediment basin area. Sediment in the sediment basin shall be excavated using a smooth bucket to avoid damaging the rip-rap rock layer on the sides of the basin. Sediment removal and hauling shall comply with the Work Day Restrictions. Some of the sediment is wet and silty. The saturated sediment shall be dewatered before it can be hauled for disposal. This item includes loading the material into vehicles and hauling offsite for disposal. All costs for excavation, loading, hauling, and disposal shall be included in the bid price. Sediment Basin The accumulated sediment shall be removed in the basin shall be removed and disposed of offsite. Sediment Disposal The Contractor shall provide the disposal site per Standard Specifications 2-03.3(7) C. All costs for hauling and disposal shall be included in the unit bid price. Excavated materials shall be hauled to a waste site secured by the Contractor and shall be disposed of in such a manner as to meet all requirements of state, county and municipal regulations regarding health, safety and public welfare. Before starting work the contractor shall identify all disposal sites that will be used, and provide current copies of all applicable permits and licenses showing that the disposal sites meet the applicable regulations for sediment disposal. The Contractor is responsible for any material and environmental testing a disposal site may require. The quantity estimates is approximately 1,000 cubic yards of sediment needed to be removed from the sediment basin area. The actual amount of sediment removed may vary H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 15 of 16 from the estimate. The lump sum bid price will not be adjusted if the actual quantity varies from the estimate. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Payment shall be prorated as the work is accomplished. Bid Item B-6 Refill Basin, Remove Bypass Dam, Restore Bank (LS) This item includes refilling the sediment basin with water, restoring flow into the sediment basin, removing all temporary bypass dams, and restoring any banks and vegetation disturbed by the work. During the refilling process approximately 3/4 the creek flow shall be kept flowing to the downstream channel at all times. The Contractor shall plan the work so that the basin can be filled overnight by allowing approximately 1/4 the flow into the basin. After the majority of the basin is filled overnight, the temporary bypass dam can be removed the next day. This item includes any and all work needed to restore the banks next to the sediment basin after cleaning, including but not limited to regrading the banks, replacing rip-rap, grading, raking, and topsoil placement. Dry granular material, 2-in and less in size, from the sediment basin shall be set aside and used for the fill. Measurement for this bid item shall be per lump sum. Payment for this bid item shall be made per lump sum bid amount and considered complete compensation for all materials, water, tools, labor, equipment, excavation, haul, and disposal required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item B-7 Hydroseeding (SF) This item includes furnishing and installing hydroseed, fertilizer, and mulch on the inner banks of the sediment basin, on any areas where vegetation was disturbed by the work, and on any bare or sparse areas. All areas for hydroseeding shall be identified and review with the City for approval prior to placement. Hydroseeding shall be per Special Provisions Section 9-14.5(7). A layer of straw mulch shall be placed over all hydroseeded areas for erosion control purposes. The bottom 3 feet of the basin side slope (measured vertically) does not have to be hydroseeded since it will be submerged when the basin is filled with water. The contractor shall submit seed vendor’s certification for the grass seed mixture, indicating percentage by weight, percentage of purity, germination, and weed seed for each grass species. Measurement for this bid item shall be per square feet. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\27-BID ITEMS Section1-09-14 - 2019.doc Section 1-09.14 Bid Items, Page 16 of 16 Payment for this bid item shall be made per square feet bid amount and considered complete compensation for all materials, tools, labor, and equipment required to complete the work as shown on the Plans and in accordance with the Contract Documents. Bid Item B-8: Minor Changes (LS) This item is intended for use by the City to pay for any minor changes that may be needed for project construction. It does not apply to work that is part of or incidental to other bid items. The unit contract price for Minor Changes shall be as shown by the City on the Schedule of Prices. At the discretion of the Contracting Agency, all or part of this lump sum may be used in lieu of the more formal change order procedure as outlined in Standard Specifications Section 1-04.4(1). Any work and payment under this item must be authorized in writing by the City Project Manager or Supervisor. Payment will be determined in accordance with Standard Specification Section 1-09.4. Measurement of Minor Changes shall be per lump sum. Payment for this bid item will be prorated for the changes and amounts approved in writing by the City. If no changes are authorized the final payment for this bid item will be $0 (zero). H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 45 1-10 TEMPORARY TRAFFIC CONTROL 1-10.1 General Revise the first paragraph to read: (******) The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Contracting Agency. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor’s operations which may occur on highways, roads, streets, sidewalks, or paths . No Work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place. Section 1-10.1 is supplemented by adding the following: (******) When the bid proposal includes an item for “Traffic Control,” the work required for this item shall be all items described in Section 1-10, including, but not limited to: 1. Furnishing and maintaining barricades, flashers, construction signing and other channelization devices, unless a pay item is in the bid proposal for any specific device and the Special Provisions specify furnishing, maintaining, and payment in a different manner for that device; 2. Furnishing traffic control labor, equipment, and supervisory personnel for all traffic control labor; 3. Furnishing any necessary vehicle(s) to set up and remove the Class B construction signs and other traffic control devices; 4. Furnishing labor and vehicles for patrolling and maintaining in position all of the construction signs and the traffic control devices, unless a pay item is in the bid proposal to specifically pay for this work; and 5. Furnishing labor, material, and equipment necessary for cleaning up, removing, and replacing of the construction signs and the traffic control devices destroyed or damaged during the life of the project. 6. Removing existing signs as specified or a directed by the engineer and delivering to the City Shops or storing and reinstalling as directed by the Engineer. 7. Preparing a traffic control plan for the project and designating the person responsible for traffic control at the work site. The traffic control plan shall include descriptions of the traffic control methods and devices to be used by the prime contractor, and subcontractors, shall be submitted at or before the preconstruction conference, and shall be subject to review and approval of the Engineer. 8. Contacting police, fire, 911, and ambulance services to notify them in advance of any work that will affect and traveled portion of a roadway. 9. Assuring that all traveled portions of roadways are open to traffic during peak traffic periods, 6:30 a.m. to 8:30 a.m., and 3:00 p.m. to 6:00 p.m., or as specified in the special provisions, or as directed by the Engineer. 10. Promptly removing or covering all nonapplicable signs during periods when they are not needed. If no bid item “Traffic Control” appears in the proposal then all work required by these sections will be considered incidental and their cost shall be included in the other items of work. If the Engineer requires the Contractor to furnish additional channelizing devices, pieces of equipment, or services which could not be usually anticipated by a prudent contractor for the maintenance and protection of traffic, then a new item or items may be established to pay for such items. Further limitations for consideration of payment for these items are that they are not covered by other pay items in the bid proposal, they are not specified in the Special Provisions as incidental, and the accumulative cost for the use of each individual channelizing device, piece of equipment, or service must exceed $200 in total cost for the duration of their need. In the event of disputes, the Engineer will determine what is usually anticipated by a prudent contractor. The cost for these items will be by agreed price, price established by the Engineer, or by force account. Additional items H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 46 required as a result of the contractor’s modification to the traffic control plan(s) appearing in the contract shall not be covered by the provisions in this paragraph. If the total cost of all the work under the contract increases or decreases by more than 25 percent, an equitable adjustment will be considered for the item “Traffic Control” to address the increase or decrease. Traffic control and maintenance for the safety of the traveling public on this project shall be the sole responsibility of Contractor and all methods and equipment used will be subject to the approval of Owner. Traffic control devices and their use shall conform to City of Renton standards and the Manual on Uniform Traffic Control Devices. Contractor shall not proceed with any construction until proper traffic control has been provided to the satisfaction of Engineer. Any days lost due to improper traffic control will be ch arged against Contractor’s allowable contract time, and shall not be the cause for a claim for extra days to complete the Work. 1-10.2(1)B Traffic Control Supervisor Paragraphs 1 and 2 are revised as follows: (******) A TCS shall be on the project whenever traffic control labor is required or as authorized by the Engineer. The TCS shall assure that all the duties of the TCS are performed during the duration of the contract. During nonwork periods, the TCS shall be able to be on the job site within a 45-minute time period after notification by the Engineer. 1-10.2(2) Traffic Control Plans Section 1-10.2(2) is supplemented as follows: (******) The Contractor shall be responsible for assuring that traffic control is installed and maintained in conformance to established standards. The Contractor shall continuously evaluate the operation of the traffic control plan and take prompt action to correct any problems that become evident during operation. 1-10.3 Flagging, Signs, and All Other Traffic Control Devices Section 1-10.3 is supplemented as follows: (******) At the end of each working day, provisions shall be made for the safe passage of traffic and pedestrians during non-working hours. Barricades shall be reflectorized as specified in Part VI of the MUTCD, and shall be 3M diamond grade or equivalent approved by Engineer. Barricades shall also be equipped with flashers. 1-10.3(3) Construction Signs Section 1-10.3(3) paragraph 4 is supplemented as follows: (******) No separate pay item will be provided in the bid proposal for Class A or Class B construction signs. All costs for the work to provide Class A or Class B construction signs shall be included in the unit contract price for the various other items of the work in the bid proposal. 1-10.4 Measurement Section 1-10.4 is replaced with: H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 47 (******) No specific unit of measurement will apply to the lump sum item of “Traffic Control”. No adjustment in the lump sum bid amount will be made for overtime work or for use of relief flaggers. 1-10.5 Payment Section 1-10.5 is replaced with: (******) Payment for all labor, materials, and equipment described in Section 1-10 will be made in accordance with Section 1-04.1, for the following bid items when included in the proposal: “Traffic Control,” Lump Sum. 1-11 RENTON SURVEYING STANDARDS The following is a new section with new subsections: (******) 1-11.1(1) Responsibility for surveys All surveys and survey reports shall be prepared under the direct supervision of a person registered to practice land surveying under the provisions of Chapter 18.43 RCW. All surveys and survey reports shall be prepared in accordance with the requirements established by the Board of Registration for Professional Engineers and Land Surveyors under the provisions of Chapter 18.43 RCW. 1-11.1(2) Survey Datum and Precision The horizontal component of all surveys shall have as its coordinate base: The North American Datum of 1983/91. All horizontal control for projects must be referenced to or in conjunction with a minimum of two of the City of Renton's Survey Control Network monuments. The source of the coordinate values used will be shown on the survey drawing per RCW 58.09.070. The horizontal component of all surveys shall meet or exceed the closure requirements of WAC 332-130-060. 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 bench marks established. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 48 1-11.1(3) Subdivision Information Those surveys dependent on section subdivision shall reveal the controlling monuments used and the subdivision of the applicable quarter section. Those surveys dependent on retracement of a plat or short plat shall reveal the controlling monuments, measurements, and methodology used in that retracement. 1-11.1(4) Field Notes Field notes shall be kept in conventional format in a standard bound field book with waterproof pages. 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 n otebook, 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 fi eld notebook(s) provided by the City or the original field notebook(s) used by the surveyor will be given to the City. For all other work, surveyors will provide a copy of the notes to the City upon request. In those cases where an electronic data collector is used, a hard copy print out in ASCII text format will accompany the field notes. 1-11.1(5) Corners and Monuments Corner A point on a land boundary, at the juncture of two or more boundary lines. A monument is usually set at such points to physically reference a corner's location on the ground. Monument Any physical object or structure of record which marks or accurately references: A corner or other survey point established by or under the supervision of an individual per section 1-11.1(1) and any corner or monument established by the General Land Office and its successor the Bureau of Land Management including section subdivision corners down to and including one-sixteenth corners; and Any permanently monumented boundary, right of way alignment, or horizontal and vertical control points established by any governmental agency or private surveyor including street intersections but excluding dependent interior lot corners. 1-11.1(6) Control or Base Line Survey Control or Base Line Surveys shall be established for all construction projects that will create permanent structures such as roads, sidewalks, bridges, utility lines or appurtenances, signal or light poles, or any non-single family building. Control or Base Line Surveys shall consist of such number of permanent monuments as are required such that every structure may be observed for staking or "as-builting" while occupying one such monument and sighting another such monument. A minimum of two of these permanent monuments shall be exis ting monuments, recognized and on record with the City of Renton. The Control or Base Line Survey shall occupy each monument in turn, and shall satisfy all applicable requirements of Section 1-11.1 herein. The drawing depicting the survey shall be neat, legible, and drawn to an appropriate scale. North orientation should be clearly presented and the scale shown graphically as well as noted. The drawing must be of such quality that a reduction thereof to one-half original scale remains legible. If recording of the survey with the King County Recorder is required, it will be prepared on 18 inch by 24 inch mylar and will comply with all provisions of Chapter 58.09 RCW. A photographic mylar of the drawing will be submitted to the City of Renton and, upon their H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 49 review and acceptance per the specific requirements of the project, the original will be recorded with the King County Recorder. If recording is not required, the survey drawing shall be prepared on 22 inch by 34 inch mylar, and the original or a photographic mylar thereof will be submitted to the City of Renton. The survey drawings shall meet or exceed the requirements of WAC 332-130-050 and shall conform to the City of Renton's Drafting Standards. American Public Works Association symbols shall be used whenever possible, and a legend shall identify all symbols used if each point marked by a symbol is not described at each use. An electronic listing of all principal points shown on the drawing shall be submitted with each drawing. The listing should include the point number designation (corresponding with that in the field notes), a brief description of the point, and northing, easting, and elevation (if applicable) values, all in ASCII format, on IBM PC compatible media. 1-11.1(7) Precision Levels Vertical Surveys for the establishment of bench marks shall satisfy all applicable requirements of section 1-05 and 1-11.1. Vertical surveys for the establishment of bench marks shall meet or exceed the standards, specifications and procedures of third order elevation accuracy established by the Federal Geodetic Control Committee. Bench marks must possess both permanence and vertical stability. Descriptions of bench marks 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. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 50 All "as-built" surveys shall satisfy the requirements of section 1-11.1(1) herein and shall be based upon control or base line surveys made in conformance with these Specifications. The field notes for "as-built" shall meet the requirements of section 1-11.1(4) herein and submitted with stamped and signed "as-built" drawings which includes a statement certifying the accuracy of the "as built". The drawing and electronic listing requirements set forth in section 1-11.1(6) herein shall be observed for all "as-built" surveys. 1-11.1(12) Monument Setting and Referencing All property or lot corners, as defined in 1-11.1(5), established or reestablished on a plat or other recorded survey shall be referenced by a permanent marker at the corner point per 1-11.2(1). In situations where such markers are impractical or in danger of being destroyed, e.g., the front corners of lots, a witness marker shall be set. In most cases, this will be the extension of the lot line to a tack in lead in the curb. The relationship between the witness monuments and their respective corners shall be shown or described on the face of the plat or survey of record, e.g., "Tacks in lead on the extension of the lot side lines have been set in the curbs on the extension of said line with the curb." In all other cases the corner shall meet the requirements of section 1 - 11.2(1) herein. All non corner monuments, as defined in 1-11.1(5), shall meet the requirements of section 1- 11.2(2) herein. If the monument falls with in a paved portion of a right of way or other area, the monument shall be set below the ground surface and contained within a lidded case kept separate from the monument and flush with the pavement surface, per section 1-11.2(3). In the case of right of way centerline monuments all points of curvature (PC), points of tangency (PT), street intersections, center points of cul-de-sacs shall be set. If the point of intersection, PI, for the tangents of a curve fall within the paved portion of the right of way, a monument can be set at the PI instead of the PC and PT of the curve. For all non corner monuments set while under contract to the City of Renton or as part of a City of Renton approved subdivision of property, a City of Renton Monument Card (furnished by the city) identifying the monument; point of intersection (PI), point of tangency (PT), point of curvature (PC), one-sixteenth corner, Plat monument, street intersection, etc., complete with a description of the monument, a minimum of two reference points and NAD 83/91 coordinates and NAVD 88 elevation shall be filled out and filed with the city. 1-11.2 Materials 1-11.2(1) Property/Lot Corners Corners per 1-11.1(5) shall be marked in a permanent manner such as 1/2 inch diameter rebar 24 inches in length, durable metal plugs or caps, tack in lead, etc. and permanently marked or tagged with the surveyor's identification number. The specific nature of the marker used can be determined by the surveyor at the time of installation. 1-11.2(2) Monuments Monuments per 1-11.1(5) shall meet the requirements as set forth in City of Renton Standard Plans page H031 and permanently marked or tagged with the surveyor's identification number. 1-11.2(3) Monument Case and Cover Materials shall meet the requirements of section 9-22 and City of Renton Standard Plans page H031. End of Division 1 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 51 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.2 Disposal of Usable Material and Debris Section 2-01.2 is supplemented as follows: (******) The Contractor shall dispose of all sediment, branch, wood debris, and noxious weeds by Disposal Method No. 2 – Waste Site. All costs associated with hauling excess and unused materials and providing a waste site shall be considered incidental and included in the various bid items. No additional payment will be made 2-04 HAUL 2-04.5 Payment Section 2-04.5 is revised and supplemented as follows: (******) All costs for the hauling of material to, from, or on the job site shall be considered incidental to and included in the unit price of other units of work. . End of Division 2 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 52 8-01 ERONSION CONTROL AND WATER POLLUTION CONTROL 8.01.3 (8) Street Cleaning Supplement this section with the following: (******) The Contractor shall be responsible for controlling dust and mud within the project. All streets used by the Contractor during the execution of the work under this contract shall be maintained in a clean condition. All costs associated with this described works such as all materials, labor, and equipment necessary shall be considered incidental and included in the various bid items. No additional compensation will be made. End of Division 8 H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 53 9-14 EROSION CONTROL AND ROADSIDE PLANTING Add this section with the following: (******) 9-14.5(10) Hydroseed 9-14.5(10)A Description Contractor shall Hydroseed disturbed areas - as a result of the construction activities - adjacent to the sedimentation pond and stockpile areas. 9-14.5(10)B Products Submittals Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. Materials, Seed A. On the pond slopes the following grass mix shall be used at a rate of 65 lb/acre: Red fescue Festuca rubra 40% Annual or perennial rye Lolium multiflorum Lolium perenne 40% Colonial bentgrass Agrostis tenuis 20% B. Wood Cellulose Fiber Mulch: Degradable green dyed wood cellulose fiber free from weeds or other foreign matter toxic to seed germination and suitable for hydromulching. C. Soil Binder or Tacking Agent: Liquid concentrate diluted with water forming a transparent 3- dimensional film-like crust permeable to water and air and containing no agents toxic to seed germination. Contractor shall comply with all environmental regulations and manufacturers recommendations regarding fertilizer use. 9-14.5(10)C Transportation, Delivery, Storage and Handling A. Submit seed vendor’s certification for required grass seed mixture, indicating percentage by weight, and percentages of purity, germination, and weed seed for each grass species. 9-14.5(10)D Installation A. Perform seeding work only after planting and other work affecting ground surface has been completed. B. Restrict all disturbances or other activities in seeded areas until grass is established. Erect signs and barriers as required. C. Provide watering equipment as required. D. Limit preparation to areas which will be immediately seeded. E. Loosen topsoil of areas to be seeded to minimum depth of 4 inches. F. Grade area to be seeded. Remove ridges and fill depressions as required to drain. G Seed immediately after preparation of bed. Spring seeding shall occur between April 1 and June 1 and fall seeding shall occur between September 1 and October 31 or at such other times acceptable to the City. H:\File Sys\SWP - Surface Water Projects\SWP-27 - Surface Water Projects (CIP)\27-2057 MAPLEWOOD BASIN\2019 Pond Cleaning\1601 SPECS-2019\26-SPECIAL PROV-2006v02 Maplewd.doc Page 54 H. Seed indicated areas within contract limits and areas adjoining contract limits disturbed as a result of construction operations. I. Perform seeding operations when the soil is dry and when winds do not exceed 5 miles per hour. J. The contractor shall use the double application method for all hydroseeding as follows: Mulching A. Mulch cover shall be applied at 2,000 lbs/acre as follows: 1. First application: 100 percent seed mix with 25 percent of mulch. 2. Second application: tackifier with 75 percent of mulch Tacking Agent A. Tacking agent shall be applied by approved hydraulic equipment. distribution and discharge lines shall be equipped with a set of hydraulic discharge spray nozzles which will provide a uniform distribution of the material. Tacking agent shall be applied at 80 gal/acre. Contractors shall comply with all environmental regulations and manufacturers recommendations. 9-14.5(10)E Cleaning A. Perform cleaning during installation of the work and upon completion of the work. Remove from the site all excess materials, debris and equipment. Repair damage to any project features. 9-14.5(10)F Warranty Hydroseeding A. Hydroseeded areas will be inspected 1 week after germination to determine if coverage of seeding is acceptable. B. A uniform stand of grass and wildflowers over 90 percent of seeded area shall be obtained by watering and maintaining until final acceptance. Areas which fail to provide a uniform stand of grass shall be reseeded. Areas reseeded will not be accepted until the coverage required herein is obtained. End of Division 9 WSDOT AMENDMENTS The WSDOT Amendments are incorporated in their Entirety. The First 3 Pages are included as a Reference. See the WSDOT Construction Specifications Web Site for a Complete Copy (http://www.wsdot.wa.gov/Business/Construction/SpecificationsAmendmentsGSPs.htm) AMENDMENTS TO THE 2018 STANDARD SPECIFICATIONS BOOK Revised: 4/1/19 INTRO.AP1 1 INTRODUCTION 2 The following Amendments and Special Provisions shall be used in conjunction with the 3 2018 Standard Specifications for Road, Bridge, and Municipal Construction. 4 5 AMENDMENTS TO THE STANDARD SPECIFICATIONS 6 7 The following Amendments to the Standard Specifications are made a part of this contract 8 and supersede any conflicting provisions of the Standard Specifications. For informational 9 purposes, the date following each Amendment title indicates the implementation date of the 10 Amendment or the latest date of revision. 11 12 Each Amendment contains all current revisions to the applicable section of the Standard 13 Specifications and may include references which do not apply to this particular project. 14 15 1-01.AP1 16 Section 1-01, Definitions and Terms 17 August 6, 2018 18 1-01.3 Definitions 19 The following new term and definition is inserted before the definition for “Shoulder”: 20 21 Sensitive Area – Natural features, which may be previously altered by human activity, 22 that are present on or adjacent to the project location and protected, managed, or 23 regulated by local, tribal, state, or federal agencies. 24 25 The following new term and definition is inserted after the definition for “Working Drawings”: 26 27 WSDOT Form – Forms developed and maintained by WSDOT that are required or 28 available for use on a project. These forms can be downloaded from the forms 29 catalogue at: 30 31 http://wsdot.wa.gov/forms/pdfForms.html 32 33 1-02.AP1 34 Section 1-02, Bid Procedures and Conditions 35 October 30, 2018 36 1-02.4(1) General 37 This section is supplemented with the following: 38 39 Prospective Bidders are advised that the Contracting Agency may include a partially 40 completed Washington State Department of Ecology (Ecology) Transfer of Coverage 41 (Ecology Form ECY 020-87a) for the Construction Stormwater General Permit 42 (CSWGP) as part of the Bid Documents. When the Contracting Agency requires the 43 transfer of coverage of the CSWGP to the Contractor, an informational copy of the 44 Transfer of Coverage and the associated CSWGP will be included in the appendices. 45 As a condition of Section 1-03.3, the Contractor is required to complete sections I, III, 46 and VIII of the Transfer of Coverage and return the form to the Contracting Agency. 47 48 AMENDMENTS TO THE 2018 STANDARD SPECIFICATIONS BOOK Revised: 4/1/19 The Contracting Agency is responsible for compliance with the CSWGP until the end of 1 day that the Contract is executed. Beginning on the day after the Contract is executed, 2 the Contractor shall assume complete legal responsibility for compliance with the 3 CSWGP and full implementation of all conditions of the CSWGP as they apply to the 4 Contract Work. 5 6 1-02.5 Proposal Forms 7 The first sentence of the first paragraph is revised to read: 8 9 At the request of a Bidder, the Contracting Agency will provide a physical Proposal 10 Form for any project on which the Bidder is eligible to Bid. 11 12 1-02.6 Preparation of Proposal 13 Item number 1 of the second paragraph is revised to read: 14 15 1. A unit price for each item (omitting digits more than two places to the right of the 16 decimal point), 17 18 In the third sentence of the fourth paragraph, “WSDOT Form 422-031” is revised to read 19 “WSDOT Form 422-031U”. 20 21 The following new paragraph is inserted before the last paragraph: 22 23 The Bidder shall submit with their Bid a completed Contractor Certification Wage Law 24 Compliance form (WSDOT Form 272-009). Failure to return this certification as part of 25 the Bid Proposal package will make this Bid Nonresponsive and ineligible for Award. A 26 Contractor Certification of Wage Law Compliance form is included in the Proposal 27 Forms. 28 29 30 1-03.AP1 31 Section 1-03, Award and Execution of Contract 32 January 2, 2018 33 1-03.3 Execution of Contract 34 The first paragraph is revised to read: 35 36 Within 20 calendar days after the Award date, the successful Bidder shall return the 37 signed Contracting Agency-prepared Contract, an insurance certification as required by 38 Section 1-07.18, a satisfactory bond as required by law and Section 1-03.4, the Transfer 39 of Coverage form for the Construction Stormwater General Permit with sections I, III, 40 and VIII completed when provided, and shall be registered as a contractor in the state of 41 Washington. 42 43 1-03.5 Failure to Execute Contract 44 The first sentence is revised to read: 45 46 Failure to return the insurance certification and bond with the signed Contract as 47 required in Section 1-03.3, or failure to provide Disadvantaged, Minority or Women’s 48 Business Enterprise information if required in the Contract, or failure or refusal to sign 49 the Contract, or failure to register as a contractor in the state of Washington, or failure to 50 return the completed Transfer of Coverage for the Construction Stormwater General 51 AMENDMENTS TO THE 2018 STANDARD SPECIFICATIONS BOOK Revised: 4/1/19 Permit to the Contracting Agency when provided shall result in forfeiture of the proposal 1 bond or deposit of this Bidder. 2 3 1-05.AP1 4 Section 1-05, Control of Work 5 August 6, 2018 6 1-05.5 Vacant 7 This section, including title, is revised to read: 8 9 1-05.5 Tolerances 10 Geometrical tolerances shall be measured from the points, lines, and surfaces defined 11 in Contract documents. 12 13 A plus (+) tolerance increases the amount or dimension to which it applies, or raises a 14 deviation from level. A minus (-) tolerance decreases the amount or dimension to which 15 it applies, or lowers a deviation from level. Where only one signed tolerance is specified 16 (+ or -), there is no specified tolerance in the opposing direction. 17 18 Tolerances shall not be cumulative. The most restrictive tolerance shall control. 19 20 Tolerances shall not extend the Work beyond the Right of Way or other legal 21 boundaries identified in the Contract documents. If application of tolerances causes the 22 extension of the Work beyond the Right of Way or legal boundaries, the tolerance shall 23 be reduced for that specific instance. 24 25 Tolerances shall not violate other Contract requirements. If application of tolerances 26 causes the Work to violate other Contract requirements, the tolerance shall be reduced 27 for that specific instance. If application of tolerances causes conflicts with other 28 components or aspects of the Work, the tolerance shall be reduced for that specific 29 instance. 30 31 1-05.9 Equipment 32 The following new paragraph is inserted before the first paragraph: 33 34 Prior to mobilizing equipment on site, the Contractor shall thoroughly remove all loose 35 dirt and vegetative debris from drive mechanisms, wheels, tires, tracks, buckets and 36 undercarriage. The Engineer will reject equipment from the site until it returns clean. 37 38 This section is supplemented with the following: 39 40 Upon completion of the Work, the Contractor shall completely remove all loose dirt and 41 vegetative debris from equipment before removing it from the job site. 42 43 1-06.AP1 44 Section 1-06, Control of Material 45 January 7, 2019 46 1-06.1(3) Aggregate Source Approval (ASA) Database 47 This section is supplemented with the following: 48 49 Maplewood Creek PERMITS Washington State Hydraulic Project Approval (Maplewood Location #15, Madsen Location #18) Army Corps of Engineers Nationwide Permit ( Available after bid opening) Washington State Dept. of Ecology Water Quality Certification (not required) WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234FI$HdWILDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:7515PERMITTEEAUTHORIZEDAGENTORCONTRACTORCityofRentonSurfaceWaterUtilityATTENTION:DanielCareylO55SGradyWayRenton,WA98057-3232ProjectName:CityofRentonCitywideDrainageMaintenanceProjectDescription:MaintainCityownedstormwaterfacilitiesincludingculverts,ditches,catchbasins,pipes,andsedimentbasins.Typicallytheworkincludesclearingvegetation,debris,andaccumulatedsedimentfromfacilitiestorestoreflowcapacityandpreventflooding.PROVISIONS1.ThisHydraulicProjectApproval(HPA)authorizesremovalofaccumulatedsediment,smallwoodydebris,andtrashfrompipeends,culverts,andsedimentationpondswithintheCityofRenton.Additionalworkincludesvegetationtrimmingandrepositioningorrelocationoflargewoodymaterial.WorkconductedunderthisapprovalislimitedtomaintenanceatthesiteslistedinExhibitB(Provision4)submittedwiththepermitapplication,litheapplicantcannotcomplywiththeprovisionsofthisHPAduetosite-specificorotherconcerns,aseparatewrittenHPAmaybesoughtfromthelocalHabitatBiologist(HB)fortheproject.2.ThisHPAdoesnotauthorizeremovaloflargewoodymaterial(LWM),orbeaverdammanagement/maintenanceactivities.LWMisdefinedas,treeortreepartslargerthanfourinchesindiameterandlongerthansixfeetorrootwads.3.TIMINGLIMITATION:YoumaybegintheprojectimmediatelyandyoumustcompletetheprojectbyJune2,2021;provided:workbelowtheordinaryhighwaterline(OHWL)shalloccuronlyduringthetimesspecifiedbyfishuse.InfishbearingstreamsthroughouttheCityofRentonworkshalloccuronlybetweenJuly1andAugust31ofagivenyear.Innon-fishstreamsthroughouttheCityofRentonworkshalloccuronlybetweenJune15toSeptember30ofagivenyear,orwhennosurfacewaterispresentattheworksite.EXCEPTION:LWMrepositioningorrelocationmayoccuryear-around.NOTE:ConsultwiththeWashingtonDepartmentofFishandWildlifeHBiffish-useatasiteisuncertain.4.APPROVEDPLANS:YoumustaccomplishtheworkperplansandspecificationssubmittedwiththeapplicationandapprovedbytheWashingtonDepartmentofFishandWildlifeentitled,“EXHIBITACITYWIDEDRAINAGEMAINTENANCEPROGRAMMAP”;“EXHIBITBCITYWIDEDRAINAGEMAINTENANCEPROGRAMDRAINAGEFACILITIESLIST”;“EXHIBITCCITYWIDEDRAINAGEMAINTENANCEPROGRAMROUTINEMAINTENANCETASKS”;and“EXHIBITDCITYWIDEDRAINAGEMAINTENANCEPROGRAMSITEDIAGRAMS”,exceptasmodifiedbythisHPA.YoumusthaveacopyoftheseplansandthisHPAavailableonsiteduringallphasesoftheproject.NOTIFICATIONREQUIREMENTS5.SEDIMENTPONDNOTIFICATION:You,youragent,orcontractormustcontacttheWashingtonDepartmentofFishandWildlifeHB,LarryFisherbye-mailatlarry.fisher@dfw.wa.govatleastthreebusinessdaysbeforestartingworkPage1of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234OlympiaWA98504-3234FISHad1VILDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:7515andwithinsevendaysaftercompletingworkattheMaplewoodCreekandMadsenCreeksedimentponds.Thenotificationmustincludethepermittee’sname,projectlocation,starting/endingdate,andtheHPApermitnumber.6.INVASIVESPECIESCONTROL:Thoroughlycleanallequipmentandgearbeforearrivingandleavingthejobsitetopreventthetransportandintroductionofaquaticinvasivespecies.Properlydisposeofanywaterandchemicalsusedtocleangearandequipment.YoucanfindadditionalinformationintheWashingtonDepartmentofFishandWildlife’sInvasiveSpeciesManagementProtocols(November2012),availableonlineathttp://wdfw.wa.gov/publications/01490/wdfw01490.pdf.7.FISHKILL!WATERQUALITYPROBLEMNOTIFICATION:Ifafishkilloccursorfishareobservedindistressatthejobsite,immediatelystopallactivitiescausingharm.ImmediatelynotifytheWashingtonDepartmentofFishandWildlifeoftheproblembycalling425-313-5683or425-449-6790.Ifthelikelycauseofthefishkillorfishdistressisrelatedtowaterquality,alsonotifytheWashingtonMilitaryDepartmentEmergencyManagementDivisionat1-800-258-5990.ActivitiesrelatedtothefishkillorfishdistressmustnotresumeuntiltheWashingtonDepartmentofFishandWildlifegivesapproval.TheWashingtonDepartmentofFishandWildlifemayrequireadditionalmeasurestomitigateimpacts.REPORTINGREQUIREMENTS8.PHOTOGRAPHS:You,youragent,orcontractormusttakephotographsofthejobsitebeforetheworkbeginsandaftertheworkiscompleted.Youmustincludepreandpostmaintenancephotosinyourannualreport.9.ANNUALREPORT:ThepermitteeshallsubmitawrittenannualreportofthestormandsurfacewatermaintenanceactivitiesconductedunderauthorityofthisHPAbyDecember1ofeachyear,priortosubsequentmaintenanceefforts.Thereportshallincludethename,address,andtelephonenumberofthereportingagencyandcontactperson;dateofthereport;reportingperiod;permitnumberfortheHPA;sitenumberforeachsitewheremaintenanceoccurredthatyear,andtypeofworkconducted;andadescriptionofanyproblemsencountered,includingHPAprovisionviolations,correctiveactions,andimpactstofishlifeorwaterqualityresultingfromtheproblemsencountered.ThereportshallbeuploadedonlinetotheAquaticProtectionPermittingSystem(APPS)underPostPermitRequirements.STAGING,JOBSITEACCESS,ANDEQUIPMENT10.StationandoperateequipmentusedforthisprojectlandwardoftheOHWL,exceptwhereitisnecessaryforequipmenttoentertheMaplewoodCreekandMadsenCreeksedimentponds.11.Limitthetrimmingofnativevegetationtotheminimumamountneededtoperformthemaintenanceactivities.12.Retainallnaturalhabitatfeaturesonthebedorbanksincludinglargewoodymaterialandboulders.Youmaymovethesenaturalhabitatfeaturesduringtheprojectbutyoumustplacethemnearthepre-projectlocationbeforeleavingthejobsite.13.Checkequipmentdailyforleaksandcompleteanyrequiredrepairsinanuplandlocationbeforeusingtheequipmentinornearthewater.14.Whenpossible,useenvironmentallyacceptablelubricantscomposedofbiodegradablebaseoilssuchasvegetableoils,syntheticesters,andpolyalkyleneglycolsinequipmentoperatedinornearthewater.CONSTRUCTION-RELATEDSEDIMENT,EROSIONANDPOLLUTIONCONTAINMENT15.Protectalldisturbedareasfromerosion.MaintainerosionandsedimentcontroluntilallworkandcleanupofthejobPage2of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPNPubIicNoticeNumber:N/AApplicationID:7515siteiscomplete.16.Allerosioncontrolmaterialsthatwillremainonsitemustbecomposedof100%biodegradablematerials.17.Strawusedforerosionandsedimentcontrol,mustbecertifiedfreeofnoxiousweedsandtheirseeds.18.Routeconstructionwater(wastewater)fromtheprojecttoanuplandareaabovethelimitsofanticipatedfloodwater.Removefinesedimentandothercontaminantsbeforedischargingtheconstructionwatertowatersofthestate.19.Preventprojectcontaminants,suchaspetroleumproducts,hydraulicfluid,freshconcrete,sediments,sediment-ladenwater,chemicals,oranyothertoxicorharmfulmaterials,fromenteringorleachingintowatersofthestate.20.Depositwastematerialfromtheproject,suchasconstructiondebris,silt,excessdirt,oroverburden,inanuplandareaabovethelimitsofanticipatedfloodwaterunlessthematerialisapprovedbytheWashingtonDepartmentofFishandWildlifeforreuseintheproject.IN-WATERWORKAREAISOLATIONUSINGATEMPORARYBYPASS21.Isolatefishfromtheworkareabyusingeitheratotalorpartialbypasstoreroutethestreamthroughatemporarychannelorpipe.Installthetemporarybypassbeforestartingotherconstructionworkinthewettedperimeter.Usetheleast-impactingfeasiblemethodtotemporarilybypasswaterfromtheworkarea.Considerthephysicalcharacteristicsofthesiteandtheanticipatedvolumeofwaterflowingthroughtheworkarea.Designthetemporarybypasstominimizethelengthofthedewateredstreamchannel.Duringallphasesofbypassinstallationanddecommissioning,maintainflowsdownstreamoftheprojectsitetoensuresurvivalofalldownstreamfish.22.Sequencetheworktominimizethedurationofdewatering.23.Ifthediversioninletisagravitydiversionthatprovidesfishpassage,placethediversionoutletwhereitfacilitatesgradualandsafereentryoffishintothestreamchannel.24.Ifthebypassisapumpeddiversion,oncestarteditmustruncontinuouslyuntilitisnolongernecessarytobypassflows.Thisrequiresback-uppumpson-siteandtwenty-four-hourmonitoringforovernightoperation.Ifthediversioninletisapumpdiversioninafish-bearingstream,thepumpintakestructuremusthaveafishscreeninstalled,operated,andmaintainedinaccordancewithRCW77.57.010and77.57.070.Screenthepumpintakewithoneofthefollowing:a)Perforatedplate:0.094inch(maximumopeningdiameter);b)Profilebar:0.069inch(maximumwidthopening);orc)Wovenwire:0.087inch(maximumopeninginthenarrowdirection).Theminimumopenareaforalltypesoffishscreensistwenty-sevenpercent.Thescreenedintakefacilitymusthaveenoughsurfaceareatoensurethatthevelocitythroughthescreenislessthan0.4feetpersecond.Maintainfishscreenstopreventinjuryorentrapmentoffish.Thefishscreenmustremaininplacewheneverwateriswithdrawnfromthestreamthroughthepumpintake.Removefishscreensondewateringpumpsintheisolatedworkareaonlyafterallfisharesafeandexcludedfromtheworkarea.Isolatepumphoseintakeswithblocknetssothatfishcannotgetneartheintake.25.Returndivertedwatertothechannelimmediatelydownstreamoftheworkarea.DissipateflowenergyfromthediversiontopreventscourorerosionofthechannelandbankFISHLIFEREMOVAL26.Providefishpassageduringtimesoftheyearwhenfishareexpectedtomigrate.27.Allpersonsparticipatingincaptureandremovalmusthavetraining,knowledge,andskillsinthesafehandlingofPage3of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234UfkiOlympia,WA98504-3234FISHuWILDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPNPublicNoticeNumber:N/AApplicationID:7515fishlife.28.Ifelectrofishingisconducted,apersonwithelectrofishingtrainingmustbeon-sitetoconductordirectallelectrofishingactivities29.Placeblocknetsupstreamanddownstreamofthein-waterworkareabeforecapturingandremovingfishlife.Installblocknetsatanangletothedirectionofflow(notperpendiculartotheflow)toavoidentrappingfishinthenets.Afterthefirstblocknetissecuredattheupstreamend,useasecondblocknettoherdfishdownstreamandoutoftheprojectarea.Installadownstreamblocknetiffishmayreentertheworkareafromdownstream.Toanchorblocknets,placebagsfilledwithcleanroundgravelalongthebottomofthenets.Secureblocknetsalongbothbanksandthechannelbottomtopreventfailurefromdebrisaccumulation,highflows,and/orflanking.Tokeepfishoutofthejobsite,leaveblocknetsinplaceuntiltheworkiscompleteandconditionsaresuitableforfish.Installacofferdamorsimilardeviceattheupstreamanddownstreamendofthebypasstopreventbackwaterfromenteringtheworkarea.30.Duringandimmediatelyaftertheproject,monitorupstreamanddownstreamforstrandedfishinisolatedpools.Captureandsafelymoveallstrandedorisolatedfishtothenearestfree-flowingwater.SEDIMENTREMOVAL31.Workinthedrywater-course(whennonaturalflowisoccurringinthechannel,orwhenflowisdivertedaroundthejobsite).32.Donotremovestreambedsedimentinfishspawningareasexcepttoremoveclumpsofvegetationfromthechannel.ForthepurposeofthisHPA,spawningareasaredefinedasportionsofthestreambedwithroundedgraveldeposits.33.Accomplishdredgingbystartingattheupstreamendofthejobsiteboundaryandworkingdownstream.34.Limitsedimentremovaltodeepeningthestreambed.Graduallytaperthegroundlinetomeetthenativestreambedtominimizepotentialheadcuttingandfishentrapmentduringlowflows.Donotdisturbthebanks.35.Toavoidfishstranding,thebedmustnotcontainpits,potholes,orlargedepressionsuponcompletionofthedredging.36.Tominimizesedimentdeliverytothestreamorstreamchannel,donotreturnin-streamflowstotheworkareauntilallin-channelworkiscompletedandthebedandbanksarestabilized.Returnwaterflowslowlytothein-waterworkareatopreventthedownstreamreleaseofsedimentladenwater.Ifnecessary,installsiltfencingabovethebypassoutlettocapturesedimentduringre-wateringofthechannel.LARGEWOODYMATERIAL37.Placethewooddirectlybackinthechannelimmediatelydownstreamofthestructure.38.Donotdraglargewoodymaterial.Suspendlargewoodymaterialduringplacementorrepositioning,soitdoesnotdamagethebedorbanks.Ayardingcorridororfullsuspensionisrequiredtoprotectriparianzonevegetation.Fullsuspensioncanbeachievedwithhand-operatedorheavyequipmentoraeriallogyardingtowers.39.Donotcutlargewoodymaterial.Ifyoumustcutlargewoodymaterialsoitcanbesuspendedduringrelocation,contacttheHElistedbelowtorequestauthorization.Page4of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234f1SIId1I7LDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:751540.Donotdisturblargewoodymaterialembeddedinabankorbed.41.Whenrepositioningorrelocatinglargewoodymaterial,minimizereleasingbedload,logs,ordebrisdownstream.42.Removaloflargewoodymaterial(LWM)isnotauthorizedbythisHPA.LWMisdefinedas,treeortreepartslargerthanfourinchesindiameterandlongerthansixfeetorrootwads.DEMOBILIZATIONANDCLEANUP43.Seedareasdisturbedbyconstructionactivitieswithanativeseedmixsuitableforthesitethathasatleastonequick-establishingplantspecies.44.Replacenativeriparianzonevegetationdamagedordestroyedbymaintenanceactivitieswithnativetreesandshrubs.Planttrees10feetoncenter,andshrubsfivefeetoncenter.45.Uponcompletionoftheproject,removeallmaterialsorequipmentfromthesiteanddisposeofallexcessspoilsandwastematerialsinanuplandareaabovethelimitsofanticipatedfloodwater.46.Removetemporaryerosionandsedimentcontrolmethodsafterjobsiteisstabilizedorwithinthreemonthsofprojectcompletion,whicheverissooner.LOCATION#1:SiteName:A-iSW23rdStIEValleyRdWAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:09-Duwamish-GreenPantherCreekSpringBrookCreek1/4SEC:Section:Township:Range:Latitude:Lonaitude:County:NW1/43023N05F47.459-122.22263KingLocation#1DrivingDirectionsLOCATION#2:SiteName:A-2EastValleyRoad,northofSW41stWAWORKSTART:June3,2016WORKEND:June2,2021JRIAWaterbody:Tributaryto:09-Duwamish-GreenSpringBrookCreekBlackRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:Page5of17 f1SHdTI7LDLIFEIssuedDate:June03,2016ProjectEndDate:June02,2021PermitNumber:2016-4-368÷01FPNPublicNoticeNumber:N/AApplicationID:7515WashingtonDepartmentofFish&WildlifeP0Box43234Olympia,WA98504-3234(360)902-2200Location#3DrivingDirectionsRollingHillsCreekWORKSTART:June3,2016WRIA09-Duwamish-Green1/4SEC:Section:NW1I405Waterbody:UnknownStreamNumberTownship:Range:23N05EWaterbody:PantherCreekTownship:22NJune2,2021Tributaryto:UnknownLongitude:-122.2064June2,2021Tributaryto:SpringBrookCreekLongitude:County:-122.1983KingLocation#4DrivingDirectionsLOCATION#5:SiteName:A-6PantherCreekCulvert,108thAveWAWORKSTART:June3,2016WRIA09-Duwamish-GreenWaterbody:PantherCreekWORKEND:June2,2021Tributaryto:SpringBrookCreekHYDRAULICPROJECTAPPROVAL47.44675-122.21808SE1/43023N05ELocation#2DrivingDirectionsEastValleyRd,northofSW4lstStandClarionHotelLOCATION#3:SiteName:A-3Channel,eastsideofSam’sClubWAWORKSTART:June3,2016WRIA________09-Duwamish-Green1/4SEC:Section:______________NW1/420KingCounty:KingLatitude:47.4713WORKEND:WORKEND:LOCATION#4:SiteName:A-5PantherCreekCulvert,SE192ndStWARange:05ELatitude:47.43008Page6of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234FISHWILDlIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:75151/4SEC:Section:Township:Range:Latitude:Longitude:County:NW1/40522N05E47.4287-122.1972KingLocation#5DrivingDirectionsLOCATION#6:SiteName:A-4RentonVillage/RollingHillsWAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:09-Duwamish-GreenUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:NE1/4—1923N05E47.4686-122.2126KingLocation#6DrivingDirectionsRollingHillsCreekLOCATION#7:SiteName:B-iNE43rdStandLincolnAve,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:NW1/40523N05E47.5147-122.2057KingLocation#7DrivingDirectionsLOCATION#8:SiteName:B-24652SeahawksWayWAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:Page7of17 WashingtonDepartmentofFish&Wildlife)HYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234fISIIdWILDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:751508-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/42924N05E47.5348-122.1970KingLocation#8DrivingDirectionsLOCATION#9:SiteName:B-3RipleyLaneNWAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42924N05E47.5368-122.1952KingLocation#9DrivingDirectionsLOCATIONSiteName:B-4Culvert,ChannelAlongSE80thSt#10:WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42924N05E47.5314-122.1959KingLocation#10DrivingDirectionsLOCATIONSiteName:8-54750NELakeWash.Blvd.#11:WAWORKSTART:June3,2016WORKEND:June2,2021Page8of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234FI$II,dI7LDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:7515WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42924N05E47.5342-122.1959KingLocation#11DrivingDirectionsLOCATIONSiteName:B-61842NE20thSt#12:WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/405—23N05E47.5096-122.1951KingLocation#12DrivingDirectionsKennydaleCreekLOCATIONSiteName:B-7MeadowAveNandN28thSt#13:,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/43224N05E47.5166-122.1998KingLocation#13DrivingDirectionsKennydaleCreekLOCATIONSiteName:C-i201TaylorAveS#14:,,WAPage9of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234fISHdl1TLDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021EPA/PublicNoticeNumber:N/AApplicationID:7515WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:NW1/41823N05E47.4854-122.2198KingLocation#14DrivingDirectionsLOCATIONSiteName:D-1SedimentBasinatMaplewoodGolfCourse#15:,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishMaplewoodCreek(rb)CedarRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/41523N05E47.4746-122.1636KingLocation#15DrivingDirectionsLOCATIONSiteName:D-2CulvertonMapleValleyHwy,eastof161stAve#16:WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42323N05E47.4631-122.1239KingLocation#16DrivingDirectionsLOCATIONSiteName:D-3161stAveSE,southofSE156thSt#17:,,WAPage10of17 —WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALP06ox43234Olympia,WA98504-3234f1SIIdT7LDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42323N05E47.4621-122.1257KingLocation#17DrivingDirectionsLOCATIONSiteName:D-4SedimentBasinatMadsenCreek#18:WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishMadsonCreek(Ib)CedarRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/42323N05E47.4627-122.1423KingLocation#18DrivingDirectionsLOCATIONSiteName:D-5GingerCreekCulvertatSE160thSt#19:WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishUnknownStreamNumberUnknown1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/42123N05E47.4613-122.1783KingLocation#19DrivingDirectionsGingerCreekLOCATIONSiteName:D-6CulvertatSEPetrovitskyRd,MolassesCreek#20:,,WAPage11of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234fISH.dtI1LDLIfE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishMolassesCreekfib)CedarRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/42723N05E47.4462-122.1642KingLocation#20DrivingDirectionsLOCATIONSiteName:D-7MaplewoodCreekOutfallandCheckDam,NE4thSt#21:WAWORKSTART:June3,2016--WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishMaplewoodCreek(rb)CedarRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:NW1/41523N05E47.4884-122.1962KingLocation#21DrivingDirectionsLOCATIONSiteName:E-1NESunsetBlvdandDuvallAveNE-#22:,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishHoneyCreekMayCreek1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/40323N05E47.5050-122.1665KingLocation#22DrivingDirectionsLOCATIONSiteName:E-2HoneyCreekCulvertalongHoquiamAveNE#23:,,WAPage12of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234FISII,dTI7LDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishHoneyCreekMayCreek1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/40323N05E47.5051-1221530KingLocation#23DrivingDirectionsLOCATIONSiteName:F-iBigSoosCreekCulvertabout11108SE168thSt#24:,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:09-Duwamish-GreenBigSoosCreekGreenRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SE1/42923N05E47.4523-122.1918KingLocation#24DrivingDirectionsLOCATIONSiteName:F-2BigSoosCreekCulvertat116thAveSE#25:,,WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:09-Duwamish-GreenBigSoosCreekGreenRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SW1/42823N05E47.4465-122.1861KingLocation#25DrivingDirectionsLOCATIONSiteName:F-3BigSoosCreekculvertatSEPetrovistkyRd#26:Page13of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234fI$IIdI17LDLIFE(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515WAWORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:09-Duwamish-GreenBigSoosCreekGreenRiver1/4SEC:Section:Township:Range:Latitude:Longitude:County:SWJ/42823N05E47.4452-122.1827KingLocation#26DrivingDirectionsLOCATIONSiteName:E-3HoneyCreekCulvertunderUnionAveNE#27:1306UnionAveNE,Renton,WA98056WORKSTART:June3,2016WORKEND:June2,2021WRIAWaterbody:Tributaryto:08-Cedar-SammamishHoneyCreekMayCreek1/4SEC:Section:Township:Range:Latitude:Longitude:County:SWI/40323N05E47.5041-122.1645KingLocation#27DrivingDirectionsAPPLYTOALLHYDRAULICPROJECTAPPROVALSThisHydraulicProjectApprovalpertainsonlytothoserequirementsoftheWashingtonStateHydraulicCode,specificallyChapter77.55RCW.Additionalauthorizationfromotherpublicagenciesmaybenecessaryforthisproject.Theperson(s)towhomthisHydraulicProjectApprovalisissuedisresponsibleforapplyingforandobtaininganyadditionalauthorizationfromotherpublicagencies(local,stateand/orfederal)thatmaybenecessaryforthisproject.ThisHydraulicProjectApprovalshallbeavailableonthejobsiteatalltimesandallitsprovisionsfollowedbytheperson(s)towhomthisHydraulicProjectApprovalisissuedandoperator(s)performingthework.ThisHydraulicProjectApprovaldoesnotauthorizetrespass.Page14of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515Theperson(s)towhomthisHydraulicProjectApprovalisissuedandoperator(s)performingtheworkmaybeheldliableforanylossordamagetofishlifeorfishhabitatthatresultsfromfailuretocomplywiththeprovisionsofthisHydraulicProjectApproval.FailuretocomplywiththeprovisionsofthisHydraulicProjectApprovalcouldresultinacivilpenaltyofuptoonehundreddollarsperdayand/oragrossmisdemeanorcharge,possiblypunishablebyfineand/orimprisonment.AllHydraulicProjectApprovalsissuedunderRCW77.55.021aresubjecttoadditionalrestrictions,conditions,orrevocationiftheDepartmentofFishandWildlifedeterminesthatchangedconditionsrequiresuchaction.Theperson(s)towhomthisHydraulicProjectApprovalisissuedhastherighttoappealthosedecisions.Proceduresforfilingappealsarelistedbelow.MINORMODIFICATIONSTOTHISHPA:YoumayrequestapprovalofminormodificationstotherequitedworktimingortotheplansandspecificationsapprovedinthisHPAunlessthisisaGeneralHPA.IfthisisaGeneralHPAyoumustusetheMajorModificationprocessdescribedbelow.Anyapprovedminormodificationwillrequireissuanceofaletterdocumentingtheapproval.Aminormodificationtotherequiredworktimingmeansanychangetotheworkstartorenddatesofthecurrentworkseasontoenableprojectorworkphasecompletion.Minormodificationswillbeapprovedonlyifspawningorincubatingfisharenotpresentwithinthevicinityoftheproject.Youmayrequestsubsequentminormodificationstotherequiredworktiming.Aminormodificationoftheplansandspecificationsmeansanychangesinthematerials,characteristicsorconstructionofyourprojectthatdoesnotaltertheproject’simpacttofishlifeorhabitatanddoesnotrequireachangeintheprovisionsoftheHPAtomitigatetheimpactsofthemodification.MinormodificationsdonotrequireyoutopayadditionalapplicationfeesorbeissuedanewHPA.IfyouoriginallyappliedforyourHPAthroughtheonlineAquaticProtectionPermittingSystem(APPS),youmayrequestaminormodificationthroughAPPS.AlinktoAPPSisathttp://wdfw.wa.gov/licensing/hpa/.IfyoudidnotuseAPPSyoumustsubmitawrittenrequestthatclearlyindicatesyouareseekingaminormodificationtoanexistingHPA.Writtenrequestsmustincludethenameoftheapplicant,thenameoftheauthorizedagentifoneisactingfortheapplicant,theAPPIDnumberoftheHPA,thedateissued,thepermittingbiologist,therequestedchangestotheHPA,thereasonfortherequestedchange,thedateoftherequest,andtherequestor’ssignature.Sendbymailto:WashingtonDepartmentofFishandWildlife,P0Box43234,Olympia,Washington98504-3234,orbyemailtoHPAappIicationsdfw.wa.gov.Donotincludepaymentwithyourrequest.Youshouldallowupto45daysforthedepartmenttoprocessyourrequest.MAJORMODIFICATIONSTOTHISHPA:YoumayrequestapprovalofmajormodificationstoanyaspectofyourHPA.AnyapprovedchangeotherthanaminormodificationtoyourHPAwillrequireissuanceofanewHPA.IfyoupaidanapplicationfeeforyouroriginalHPAyoumustpayanadditional$150forthemajormodification.IfyoudidnotpayanapplicationfeefortheoriginalHPA,nofeeisrequiredforachangetoit.IfyouoriginallyappliedforyourHPAthroughtheonlineAquaticProtectionPermittingSystem(APPS),youmayrequestamajormodificationthroughAPPS.AlinktoAPPSisathttp://wdfw.wa.gov/licensing/hpa/.IfyoudidnotuseAPPSyoumustsubmitawrittenrequestthatclearlyindicatesyouarerequestingamajormodificationtoanexistingHPA.Writtenrequestsmustincludethenameoftheapplicant,thenameoftheauthorizedagentifoneisactingfortheapplicant,theAPPIDnumberoftheHPA,thedateissued,thepermittingbiologist,therequestedchangestotheHPA,thereasonfortherequestedchange,thedateoftherequest,paymentiftheoriginalapplicationwassubjecttoanapplicationfee,andtherequestor’ssignature.Sendyourwrittenrequestandpayment,ifapplicable,bymailto:WashingtonDepartmentofFishandWildlife,P0Box43234,Olympia,Washington98504-3234.YoumayemailyourrequestforamajormodificationtoHPAapplications@dfw.wa.gov,butmustsendacheckormoneyorderforpaymentbysurfacemail.Youshouldallowupto45daysforthedepartmenttoprocessyourrequest.Page15of17 WashingtonDepartmentofFish&WildlifeHYDRAULICPROJECTAPPROVALPOBox43234Olympia,WA98504-3234(360)902-2200IssuedDate:June03,2016PermitNumber:2016-4-368+01ProjectEndDate:June02,2021FPA/PublicNoticeNumber:N/AApplicationID:7515APPEALSINFORMATIONIfyouwishtoappealtheissuance,denial,conditioning,ormodificationofaHydraulicProjectApproval(HPA),WashingtonDepartmentofFishandWildlife(WDFW)recommendsthatyoufirstcontactthedepartmentemployeewhoissuedordeniedtheHPAtodiscussyourconcerns.Suchadiscussionmayresolveyourconcernswithouttheneedforfurtherappealaction.Ifyouproceedwithanappeal,youmayrequestaninformalorformalappeal.WDFWencouragesyoutotakeadvantageoftheinformalappealprocessbeforeinitiatingaformalappeal.TheinformalappealprocessincludesareviewbydepartmentmanagementoftheHPAordenialandoftenresolvesissuesfasterandwithlesslegalcomplexitythantheformalappealprocess.Iftheinformalappealprocessdoesnotresolveyourconcerns,youmayadvanceyourappealtotheformalprocess.YoumaycontacttheHPAAppealsCoordinatorat(360)902-2534formoreinformation.A.INFORMALAPPEALS:WAC220-660-460istheruledescribinghowtorequestaninformalappealofWDFWactionstakenunderChapter77.55RCW.Pleaserefertothatruleforcompleteinformalappealprocedures.Thefollowinginformationsummarizesthatrule.Apersonwhoisaggrievedbytheissuance,denial,conditioning,ormodificationofanHPAmayrequestaninformalappealofthataction.YoumustsendyourrequesttoWDFWbymailtotheHPAAppealsCoordinator,DepartmentofFishandWildlife,HabitatProgram,600CapitolWayNorth,Olympia,Washington98501-1091;e-mailtoHPAapplications@dfw.wa.gov;faxto(360)902-2946;orhand-deliverytotheNaturalResourcesBuilding,1111WashingtonStSE,HabitatProgram,Fifthfloor.WDFWmustreceiveyourrequestwithin30daysfromthedateyoureceivenoticeofthedecision.Ifyouagree,andyouappliedfortheHPA,resolutionoftheappealmaybefacilitatedthroughaninformalconferencewiththeWDFWemployeeresponsibleforthedecisionandasupervisor.Ifaresolutionisnotreachedthroughtheinformalconference,oryouarenotthepersonwhoappliedfortheHPA,theHPAAppealsCoordinatorordesigneewillconductaninformalhearingandrecommendadecisiontotheDirectorordesignee.Ifyouarenotsatisfiedwiththeresultsoftheinformalappeal,youmayfilearequestforaformalappeal.B.FORMALAPPEALS:WAC220-660-470istheruledescribinghowtorequestaformalappealofWDFWactionstakenunderChapter77.55RCW.Pleaserefertothatruleforcompleteformalappealprocedures.Thefollowinginformationsummarizesthatrule.Apersonwhoisaggrievedbytheissuance,denial,conditioning,ormodificationofanHPAmayrequestaformalappealofthataction.YoumustsendyourrequestforaformalappealtotheclerkofthePollutionControlHearingsBoardsandserveacopyonWDFWwithin30daysfromthedateyoureceivenoticeofthedecision.YoumayserveWDFWbymailtotheHPAAppealsCoordinator,DepartmentofFishandWildlife,HabitatProgram,600CapitolWayNorth,Olympia,Washington98501-1091;e-mailtoHPAapplicationsdfw.wa.gov;faxto(360)902-2946;orhand-deliverytotheNaturalResourcesBuilding,1111WashingtonStSE,HabitatProgram,Fifthfloor.Thetimeperiodforrequestingaformalappealissuspendedduringconsiderationofatimelyinformalappeal.Iftherehasbeenaninformalappeal,youmayrequestaformalappealwithin30daysfromthedateyoureceivetheDirector’sordesignee’swrittendecisioninresponsetotheinformalappeal.C.FAILURETOAPPEALWITHINTHEREQUIREDTIMEPERIODS:Ifthereisnotimelyrequestforanappeal,theWDFWactionshallbefinalandunappealable.Page16of17 IssuedDate:June03,2016ProjectEndDate:June02,2021WashingtonDepartmentofFish&WildlifePDBox43234Olympia,WA98504-3234(360)902-2200HabitatBiologistLarry.Fisherdfw.wa.govforDirectorLarryFisher425-313-5683WDFWHYDRAULICPROJECTAPPROVALPermitNumber:2016-4-368+01FPNPublicNoticeNumber:N/AApplicationID:7515Page17of17 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 Regulatory Branch July 8, 2019 Mr. Ron Straka City of Renton Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2007-688 Renton, City of (Maplewood Creek Sediment Basin) Dear Mr. Straka: We have reviewed your application to annually for up to 5 years, install a temporary diversion dam and flow splitter requiring 15 cubic yards of excavation, excavation of up to 1,200 cubic yards of accumulated sediment, and conduct minor maintenance activities such as moving boulders, woody debris and vegetation, and the placement of up to 15 cubic yards of downstream spawning gravel in the Maplewood Creek Sediment Basin near Renton, King County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance and NWP 27, Aquatic Habitat Restoration, Establishment, and Enhancement Activities (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated February 1, 2018. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3 and 27, Terms and Conditions and the following special condition: a. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Biological Evaluation (BE), dated June 7, 2012. The U.S. Army Corps of Engineers (Corps) made a determination of No Effect for National Marine Fisheries Service (NMFS) species, specifically Puget Sound Chinook and Puget Sound steelhead, as well as their critical habitat based on the BE and data provided by the Washington State Department of Fish and Wildlife’s Salmon Scape web tool. The U.S. Fish and Wildlife Service (USFWS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” for Bull Trout based on the BE on -2- November 28, 2018 (USFWS Reference Number 01EWFW00-2019-I-0071). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS is the appropriate authority to determine compliance with ESA. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. As part of our permit application review process, we notified Native American tribes that have an interest in this area. The Muckleshoot Tribe requested to receive copies of all Log and Rock Movement and Fish Passage monitoring reports. Based on our coordination, you agreed to provide copies of the monitoring reports to the Muckleshoot Tribe. Please submit the Log and Rock Movement and Fish Passage monitoring reports to Ms. Karen Walter of the Muckleshoot Tribe at Karen.walter@mucklshoot.nsn.us following completion of the authorized activity. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the -3- Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. These documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Branch, Permit Information” and then “Contact Us.” A copy of this letter with enclosures will be furnished to Mr. Ken Srilofung of the City of Renton at ksrilofung@rentonwa.gov. If you have any questions, please contact me at jenae.churchill@usace.army.mil or (206) 764-5527. Sincerely, Jenae Churchill, Project Manager Regulatory Branch Enclosures NATIONWIDE PERMIT 3 Terms and Conditions Effective Date: March 19, 2017 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401 Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (b) This NWP also authorizes the removal of accumulated sediments and debris outside the immediate vicinity of existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.). The removal of sediment is limited to the minimum necessary to restore the waterway in the vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend farther than 200 feet in any direction from the structure. This 200 foot limit does not apply to maintenance dredging to remove accumulated sediments blocking or restricting outfall and intake structures or to maintenance dredging to remove accumulated sediments from canals associated with outfall and intake structures. All dredged or excavated materials must be deposited and retained in an area that has no waters of the United States unless otherwise specifically approved by the district engineer under separate authorization. (c) This NWP also authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Appropriate measures must be taken to maintain normal downstream flows and minimize flooding to the maximum extent practicable, when temporary structures, work, and discharges, including cofferdams, are necessary for construction activities, access fills, or dewatering of construction 2 sites. Temporary fills must consist of materials, and be placed in a manner, that will not be eroded by expected high flows. After conducting the maintenance activity, temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The areas affected by temporary fills must be revegetated, as appropriate. (d) This NWP does not authorize maintenance dredging for the primary purpose of navigation. This NWP does not authorize beach restoration. This NWP does not authorize new stream channelization or stream relocation projects. Notification: For activities authorized by paragraph (b) of this NWP, the permittee must submit a pre-construction notification to the district engineer prior to commencing the activity (see general condition 32). The pre-construction notification must include information regarding the original design capacities and configurations of the outfalls, intakes, small impoundments, and canals. (Authorities: Section 10 of the Rivers and Harbors Act of 1899 and section 404 of the Clean Water Act (Sections 10 and 404)) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualify for the Clean Water Act section 404(f) exemption for maintenance. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 3 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP 4 activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word 5 “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity 6 has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 7 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee- responsible mitigation is the proposed option, the prospective permittee is responsible for submitting a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer 8 before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 9 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity- specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will 10 request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is 11 large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse 12 environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or 13 for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified. 1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 14 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs: NWP 3 – Maintenance NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 38 – Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website): NWP 12 – Utility Line Activities (substations) NWP 13 – Bank Stabilization NWP 14 – Linear Transportation Projects NWP 23 – Approved Categorical Exclusions NWP 29 – Residential Developments NWP 39 – Commercial and Institutional Developments NWP 40 – Agricultural Activities NWP 41 – Reshaping Existing Drainage Ditches NWP 42 – Recreational Facilities NWP 43 – Stormwater and Wastewater Management Facilities 5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied 15 for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not 16 apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre- project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: none E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or 17 activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre-Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score ≥ 8 points. This State General Condition does not apply to the following Nationwide Permits: 18 NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State. (a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. (b) Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. 19 F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if: 1. The project or activities are below the Ordinary High Water Mark (OHWM) with new work being proposed outside the original footprint. 2. The proposed project or activity increases the original footprint of the structure by more than 1/10th acre in wetlands. 3. The project or activity includes adding a new structure, such as a weir, flap gate/tide gate, or culvert to the site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition: An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program “Certification of Consistency” form is required for projects located within a coastal county. “Certification of Consistency” forms are available on Ecology’s website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program (CZMP). Also, a map of the site location is required. 2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period, concurrence with the CZMP is presumed. General Conditions: For Federal Permittees (Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination, information, and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period, concurrence with the CZMP is presumed. NATIONWIDE PERMIT 27 Terms and Conditions Effective Date: March 19, 2017 A. Description of Authorized Activities B. U.S. Army Corps of Engineers (Corps) National General Conditions for all NWPs C. Corps Seattle District Regional General Conditions D. Corps Regional Specific Conditions for this NWP E. Washington Department of Ecology (Ecology) Section 401 Water Quality Certification (401 Certification): General Conditions F. Ecology 401 Certification: Specific Conditions for this NWP G. Coastal Zone Management Consistency Response for this NWP In addition to any special condition that may be required on a case-by-case basis by the District Engineer, the following terms and conditions must be met, as applicable, for a Nationwide Permit (NWP) authorization to be valid in Washington State. A. DESCRIPTION OF AUTHORIZED ACTIVITIES 27. Aquatic Habitat Restoration, Enhancement, and Establishment Activities. Activities in waters of the United States associated with the restoration, enhancement, and establishment of tidal and non-tidal wetlands and riparian areas, the restoration and enhancement of non-tidal streams and other non-tidal open waters, and the rehabilitation or enhancement of tidal streams, tidal wetlands, and tidal open waters, provided those activities result in net increases in aquatic resource functions and services. To be authorized by this NWP, the aquatic habitat restoration, enhancement, or establishment activity must be planned, designed, and implemented so that it results in aquatic habitat that resembles an ecological reference. An ecological reference may be based on the characteristics of an intact aquatic habitat or riparian area of the same type that exists in the region. An ecological reference may be based on a conceptual model developed from regional ecological knowledge of the target aquatic habitat type or riparian area. To the extent that a Corps permit is required, activities authorized by this NWP include, but are not limited to: the removal of accumulated sediments; the installation, removal, and maintenance of small water control structures, dikes, and berms, as well as discharges of dredged or fill material to restore appropriate stream channel configurations after small water control structures, dikes, and berms, are removed; the installation of current deflectors; the enhancement, rehabilitation, or re-establishment of riffle and pool stream structure; the placement of in-stream habitat structures; modifications of the stream bed and/or banks to enhance, rehabilitate, or re-establish stream meanders; the removal of stream barriers, such as undersized culverts, fords, and grade control structures; the backfilling of artificial channels; the removal of existing drainage structures, such as drain tiles, and the filling, blocking, or reshaping of drainage ditches to restore wetland hydrology; the installation of structures or fills necessary to restore or enhance wetland or stream hydrology; the construction of small nesting islands; the construction of open water areas; the construction of oyster habitat over unvegetated bottom in tidal waters; shellfish seeding; activities needed to reestablish vegetation, including plowing or discing for seed bed preparation and the planting of appropriate wetland species; re-establishment of submerged aquatic vegetation in areas where those plant communities previously existed; re-establishment of tidal wetlands in tidal waters where those wetlands previously existed; mechanized land clearing to remove non-native invasive, exotic, or nuisance vegetation; and other related activities. Only native plant species should be planted at the site. 2 This NWP authorizes the relocation of non-tidal waters, including non-tidal wetlands and streams, on the project site provided there are net increases in aquatic resource functions and services. Except for the relocation of non-tidal waters on the project site, this NWP does not authorize the conversion of a stream or natural wetlands to another aquatic habitat type (e.g., the conversion of a stream to wetland or vice versa) or uplands. Changes in wetland plant communities that occur when wetland hydrology is more fully restored during wetland rehabilitation activities are not considered a conversion to another aquatic habitat type. This NWP does not authorize stream channelization. This NWP does not authorize the relocation of tidal waters or the conversion of tidal waters, including tidal wetlands, to other aquatic uses, such as the conversion of tidal wetlands into open water impoundments. Compensatory mitigation is not required for activities authorized by this NWP since these activities must result in net increases in aquatic resource functions and services. Reversion. For enhancement, restoration, and establishment activities conducted: (1) In accordance with the terms and conditions of a binding stream or wetland enhancement or restoration agreement, or a wetland establishment agreement, between the landowner and the U.S. Fish and Wildlife Service (FWS), the Natural Resources Conservation Service (NRCS), the Farm Service Agency (FSA), the National Marine Fisheries Service (NMFS), the National Ocean Service (NOS), U.S. Forest Service (USFS), or their designated state cooperating agencies; (2) as voluntary wetland restoration, enhancement, and establishment actions documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) on reclaimed surface coal mine lands, in accordance with a Surface Mining Control and Reclamation Act permit issued by the Office of Surface Mining Reclamation and Enforcement (OSMRE) or the applicable state agency, this NWP also authorizes any future discharge of dredged or fill material associated with the reversion of the area to its documented prior condition and use (i.e., prior to the restoration, enhancement, or establishment activities). The reversion must occur within five years after expiration of a limited term wetland restoration or establishment agreement or permit, and is authorized in these circumstances even if the discharge occurs after this NWP expires. The five-year reversion limit does not apply to agreements without time limits reached between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS, or an appropriate state cooperating agency. This NWP also authorizes discharges of dredged or fill material in waters of the United States for the reversion of wetlands that were restored, enhanced, or established on prior-converted cropland or on uplands, in accordance with a binding agreement between the landowner and NRCS, FSA, FWS, or their designated state cooperating agencies (even though the restoration, enhancement, or establishment activity did not require a section 404 permit). The prior condition will be documented in the original agreement or permit, and the determination of return to prior conditions will be made by the Federal agency or appropriate state agency executing the agreement or permit. Before conducting any reversion activity the permittee or the appropriate Federal or state agency must notify the district engineer and include the documentation of the prior condition. Once an area has reverted to its prior physical condition, it will be subject to whatever the Corps Regulatory requirements are applicable to that type of land at the time. The requirement that the activity results in a net increase in aquatic resource functions and services does not apply to reversion activities meeting the above conditions. Except for the activities described above, this NWP does not authorize any future discharge of dredged or fill material associated with the reversion of the area to its prior condition. In such cases a separate permit would be required for any reversion. Reporting. For those activities that do not require pre-construction notification, the permittee must submit to the district engineer a copy of: (1) The binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement, or a project description, including project plans and location map; (2) the NRCS or USDA Technical Service Provider documentation for the voluntary stream enhancement or restoration action or wetland restoration, enhancement, or establishment action; or (3) the SMCRA permit issued by OSMRE or the applicable state agency. The report must also include information on baseline ecological conditions on the project site, such as a delineation of wetlands, streams, and/or other aquatic habitats. These documents must be submitted to the district 3 engineer at least 30 days prior to commencing activities in waters of the United States authorized by this NWP. Notification: The permittee must submit a pre-construction notification to the district engineer prior to commencing any activity (see general condition 32), except for the following activities: (1) Activities conducted on non-Federal public lands and private lands, in accordance with the terms and conditions of a binding stream enhancement or restoration agreement or wetland enhancement, restoration, or establishment agreement between the landowner and the FWS, NRCS, FSA, NMFS, NOS, USFS or their designated state cooperating agencies; (2) Voluntary stream or wetland restoration or enhancement action, or wetland establishment action, documented by the NRCS or USDA Technical Service Provider pursuant to NRCS Field Office Technical Guide standards; or (3) The reclamation of surface coal mine lands, in accordance with an SMCRA permit issued by the OSMRE or the applicable state agency. However, the permittee must submit a copy of the appropriate documentation to the district engineer to fulfill the reporting requirement. (Authorities: Sections 10 and 404) Note: This NWP can be used to authorize compensatory mitigation projects, including mitigation banks and in-lieu fee projects. However, this NWP does not authorize the reversion of an area used for a compensatory mitigation project to its prior condition, since compensatory mitigation is generally intended to be permanent. B. CORPS NATIONAL GENERAL CONDITIONS FOR ALL NWPs To qualify for NWP authorization, the prospective permittee must comply with the following general conditions, as applicable, in addition to any regional or case-specific conditions imposed by the division engineer or district engineer. Every person who may wish to obtain permit authorization under one or more NWPs, or who is currently relying on an existing or prior permit authorization under one or more NWPs, has been and is on notice that all of the provisions of 33 CFR 330.1 through 330.6 apply to every NWP authorization. Note especially 33 CFR 330.5 relating to the modification, suspension, or revocation of any NWP authorization. 1. Navigation. (a) No activity may cause more than a minimal adverse effect on navigation. (b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, must be installed and maintained at the permittee's expense on authorized facilities in navigable waters of the United States. (c) The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. 2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. All permanent and temporary crossings of waterbodies shall be suitably culverted, bridged, or otherwise designed and constructed to maintain low flows to sustain the movement of those aquatic species. If a bottomless culvert cannot be used, then the crossing should be designed and constructed to minimize adverse effects to aquatic life movements. 3. Spawning Areas. Activities in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., through excavation, fill, or downstream smothering by substantial turbidity) of an important spawning area are not authorized. 4 4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as breeding areas for migratory birds must be avoided to the maximum extent practicable. 5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and 48, or is a shellfish seeding or habitat restoration activity authorized by NWP 27. 6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic pollutants in toxic amounts (see section 307 of the Clean Water Act). 7. Water Supply Intakes. No activity may occur in the proximity of a public water supply intake, except where the activity is for the repair or improvement of public water supply intake structures or adjacent bank stabilization. 8. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting its flow must be minimized to the maximum extent practicable. 9. Management of Water Flows. To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained for each activity, including stream channelization, storm water management activities, and temporary and permanent road crossings, except as provided below. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, and location of open waters if it benefits the aquatic environment (e.g., stream restoration or relocation activities). 10. Fills Within 100-Year Floodplains. The activity must comply with applicable FEMA-approved state or local floodplain management requirements. 11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on mats, or other measures must be taken to minimize soil disturbance. 12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the United States during periods of low-flow or no-flow, or during low tides. 13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas must be revegetated, as appropriate. 14. Proper Maintenance. Any authorized structure or fill shall be properly maintained, including maintenance to ensure public safety and compliance with applicable NWP general conditions, as well as any activity-specific conditions added by the district engineer to an NWP authorization. 15. Single and Complete Project. The activity must be a single and complete project. The same NWP cannot be used more than once for the same single and complete project. 16. Wild and Scenic Rivers. (a) No NWP activity may occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible 5 inclusion in the system while the river is in an official study status, unless the appropriate Federal agency with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and Scenic River designation or study status. (b) If a proposed NWP activity will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the permittee must submit a pre-construction notification (see general condition 32). The district engineer will coordinate the PCN with the Federal agency with direct management responsibility for that river. The permittee shall not begin the NWP activity until notified by the district engineer that the Federal agency with direct management responsibility for that river has determined in writing that the proposed NWP activity will not adversely affect the Wild and Scenic River designation or study status. (c) Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency responsible for the designated Wild and Scenic River or study river (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service). Information on these rivers is also available at: http://www.rivers.gov/. 17. Tribal Rights. No NWP activity may cause more than minimal adverse effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands. 18. Endangered Species. (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur. (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the Corps’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (d) As a result of formal or informal consultation with the FWS or NMFS the district engineer may add species-specific permit conditions to the NWPs. (e) Authorization of an activity by an NWP does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” 6 provisions, etc.) from the FWS or the NMFS, the Endangered Species Act prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering. (f) If the non-federal permittee has a valid ESA section 10(a)(1)(B) incidental take permit with an approved Habitat Conservation Plan for a project or a group of projects that includes the proposed NWP activity, the non-federal applicant should provide a copy of that ESA section 10(a)(1)(B) permit with the PCN required by paragraph (c) of this general condition. The district engineer will coordinate with the agency that issued the ESA section 10(a)(1)(B) permit to determine whether the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation conducted for the ESA section 10(a)(1)(B) permit. If that coordination results in concurrence from the agency that the proposed NWP activity and the associated incidental take were considered in the internal ESA section 7 consultation for the ESA section 10(a)(1)(B) permit, the district engineer does not need to conduct a separate ESA section 7 consultation for the proposed NWP activity. The district engineer will notify the non-federal applicant within 45 days of receipt of a complete pre-construction notification whether the ESA section 10(a)(1)(B) permit covers the proposed NWP activity or whether additional ESA section 7 consultation is required. (g) Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the offices of the FWS and NMFS or their world wide web pages at http://www.fws.gov/ or http://www.fws.gov/ipac and http://www.nmfs.noaa.gov/pr/species/esa/ respectively. 19. Migratory Birds and Bald and Golden Eagles. The permittee is responsible for ensuring their action complies with the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The permittee is responsible for contacting appropriate local office of the U.S. Fish and Wildlife Service to determine applicable measures to reduce impacts to migratory birds or eagles, including whether “incidental take” permits are necessary and available under the Migratory Bird Treaty Act or Bald and Golden Eagle Protection Act for a particular activity. 20. Historic Properties. (a) In cases where the district engineer determines that the activity may have the potential to cause effects to properties listed, or eligible for listing, in the National Register of Historic Places, the activity is not authorized, until the requirements of Section 106 of the National Historic Preservation Act (NHPA) have been satisfied. (b) Federal permittees should follow their own procedures for complying with the requirements of section 106 of the National Historic Preservation Act. If pre- construction notification is required for the proposed NWP activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation is not submitted, then additional consultation under section 106 may be necessary. The respective federal agency is responsible for fulfilling its obligation to comply with section 106. (c) Non-federal permittees must submit a pre-construction notification to the district engineer if the NWP activity might have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties. For such activities, the pre-construction notification must state which historic properties might have the potential to be affected by the proposed NWP activity or include a vicinity map indicating the location of the historic properties or the potential for the presence of historic properties. Assistance regarding information on the location of, or potential for, the presence of historic properties can be sought from the State Historic Preservation Officer, Tribal Historic Preservation Officer, or designated tribal representative, as appropriate, and the National Register of Historic Places (see 33 CFR 330.4(g)). When reviewing pre-construction notifications, district engineers will comply with the current procedures for addressing the requirements of section 106 of the National Historic Preservation Act. The district engineer shall make a reasonable and good faith effort to carry out 7 appropriate identification efforts, which may include background research, consultation, oral history interviews, sample field investigation, and field survey. Based on the information submitted in the PCN and these identification efforts, the district engineer shall determine whether the proposed NWP activity has the potential to cause effects on the historic properties. Section 106 consultation is not required when the district engineer determines that the activity does not have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). Section 106 consultation is required when the district engineer determines that the activity has the potential to cause effects on historic properties. The district engineer will conduct consultation with consulting parties identified under 36 CFR 800.2(c) when he or she makes any of the following effect determinations for the purposes of section 106 of the NHPA: no historic properties affected, no adverse effect, or adverse effect. Where the non-Federal applicant has identified historic properties on which the activity might have the potential to cause effects and so notified the Corps, the non-Federal applicant shall not begin the activity until notified by the district engineer either that the activity has no potential to cause effects to historic properties or that NHPA section 106 consultation has been completed. (d) For non-federal permittees, the district engineer will notify the prospective permittee within 45 days of receipt of a complete pre-construction notification whether NHPA section 106 consultation is required. If NHPA section 106 consultation is required, the district engineer will notify the non-Federal applicant that he or she cannot begin the activity until section 106 consultation is completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps. (e) Prospective permittees should be aware that section 110k of the NHPA (54 U.S.C. 306113) prevents the Corps from granting a permit or other assistance to an applicant who, with intent to avoid the requirements of section 106 of the NHPA, has intentionally significantly adversely affected a historic property to which the permit would relate, or having legal power to prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation with the Advisory Council on Historic Preservation (ACHP), determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. If circumstances justify granting the assistance, the Corps is required to notify the ACHP and provide documentation specifying the circumstances, the degree of damage to the integrity of any historic properties affected, and proposed mitigation. This documentation must include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the undertaking occurs on or affects historic properties on tribal lands or affects properties of interest to those tribes, and other parties known to have a legitimate interest in the impacts to the permitted activity on historic properties. 21. Discovery of Previously Unknown Remains and Artifacts. If you discover any previously unknown historic, cultural or archeological remains and artifacts while accomplishing the activity authorized by this permit, you must immediately notify the district engineer of what you have found, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The district engineer will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 22. Designated Critical Resource Waters. Critical resource waters include, NOAA-managed marine sanctuaries and marine monuments, and National Estuarine Research Reserves. The district engineer may designate, after notice and opportunity for public comment, additional waters officially designated by a state as having particular environmental or ecological significance, such as outstanding national resource waters or state natural heritage sites. The district engineer may also designate additional critical resource waters after notice and opportunity for public comment. (a) Discharges of dredged or fill material into waters of the United States are not authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, 50, 51, and 52 for any activity within, or directly affecting, critical resource waters, including wetlands adjacent to such waters. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, 38, and 54, notification is required in accordance with general condition 32, for any activity proposed in the designated critical resource waters including wetlands adjacent to those waters. The district 8 engineer may authorize activities under these NWPs only after it is determined that the impacts to the critical resource waters will be no more than minimal. 23. Mitigation. The district engineer will consider the following factors when determining appropriate and practicable mitigation necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal: (a) The activity must be designed and constructed to avoid and minimize adverse effects, both temporary and permanent, to waters of the United States to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or compensating for resource losses) will be required to the extent necessary to ensure that the individual and cumulative adverse environmental effects are no more than minimal. (c) Compensatory mitigation at a minimum one-for-one ratio will be required for all wetland losses that exceed 1/10-acre and require pre-construction notification, unless the district engineer determines in writing that either some other form of mitigation would be more environmentally appropriate or the adverse environmental effects of the proposed activity are no more than minimal, and provides an activity-specific waiver of this requirement. For wetland losses of 1/10-acre or less that require pre- construction notification, the district engineer may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in only minimal adverse environmental effects. (d) For losses of streams or other open waters that require pre-construction notification, the district engineer may require compensatory mitigation to ensure that the activity results in no more than minimal adverse environmental effects. Compensatory mitigation for losses of streams should be provided, if practicable, through stream rehabilitation, enhancement, or preservation, since streams are difficult-to- replace resources (see 33 CFR 332.3(e)(3)). (e) Compensatory mitigation plans for NWP activities in or near streams or other open waters will normally include a requirement for the restoration or enhancement, maintenance, and legal protection (e.g., conservation easements) of riparian areas next to open waters. In some cases, the restoration or maintenance/protection of riparian areas may be the only compensatory mitigation required. Restored riparian areas should consist of native species. The width of the required riparian area will address documented water quality or aquatic habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the stream, but the district engineer may require slightly wider riparian areas to address documented water quality or habitat loss concerns. If it is not possible to restore or maintain/protect a riparian area on both sides of a stream, or if the waterbody is a lake or coastal waters, then restoring or maintaining/protecting a riparian area along a single bank or shoreline may be sufficient. Where both wetlands and open waters exist on the project site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian areas and/or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where riparian areas are determined to be the most appropriate form of minimization or compensatory mitigation, the district engineer may waive or reduce the requirement to provide wetland compensatory mitigation for wetland losses. (f) Compensatory mitigation projects provided to offset losses of aquatic resources must comply with the applicable provisions of 33 CFR part 332. (1) The prospective permittee is responsible for proposing an appropriate compensatory mitigation option if compensatory mitigation is necessary to ensure that the activity results in no more than minimal adverse environmental effects. For the NWPs, the preferred mechanism for providing compensatory mitigation is mitigation bank credits or in-lieu fee program credits (see 33 CFR 332.3(b)(2) and (3)). However, if an appropriate number and type of mitigation bank or in-lieu credits are not available at the time the PCN is submitted to the district engineer, the district engineer may approve the use of permittee-responsible mitigation. (2) The amount of compensatory mitigation required by the district engineer must be sufficient to ensure that the authorized activity results in no more than minimal individual and cumulative adverse environmental effects (see 33 CFR 330.1(e)(3)). (See also 33 CFR 332.3(f)). (3) Since the likelihood of success is greater and the impacts to potentially valuable uplands are reduced, aquatic resource restoration should be the first compensatory mitigation option considered for permittee-responsible mitigation. (4) If permittee- responsible mitigation is the proposed option, the prospective permittee is responsible for submitting 9 a mitigation plan. A conceptual or detailed mitigation plan may be used by the district engineer to make the decision on the NWP verification request, but a final mitigation plan that addresses the applicable requirements of 33 CFR 332.4(c)(2) through (14) must be approved by the district engineer before the permittee begins work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation (see 33 CFR 332.3(k)(3)). (5) If mitigation bank or in-lieu fee program credits are the proposed option, the mitigation plan only needs to address the baseline conditions at the impact site and the number of credits to be provided. (6) Compensatory mitigation requirements (e.g., resource type and amount to be provided as compensatory mitigation, site protection, ecological performance standards, monitoring requirements) may be addressed through conditions added to the NWP authorization, instead of components of a compensatory mitigation plan (see 33 CFR 332.4(c)(1)(ii)). (g) Compensatory mitigation will not be used to increase the acreage losses allowed by the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2-acre, it cannot be used to authorize any NWP activity resulting in the loss of greater than 1/2-acre of waters of the United States, even if compensatory mitigation is provided that replaces or restores some of the lost waters. However, compensatory mitigation can and should be used, as necessary, to ensure that an NWP activity already meeting the established acreage limits also satisfies the no more than minimal impact requirement for the NWPs. (h) Permittees may propose the use of mitigation banks, in-lieu fee programs, or permittee- responsible mitigation. When developing a compensatory mitigation proposal, the permittee must consider appropriate and practicable options consistent with the framework at 33 CFR 332.3(b). For activities resulting in the loss of marine or estuarine resources, permittee-responsible mitigation may be environmentally preferable if there are no mitigation banks or in-lieu fee programs in the area that have marine or estuarine credits available for sale or transfer to the permittee. For permittee-responsible mitigation, the special conditions of the NWP verification must clearly indicate the party or parties responsible for the implementation and performance of the compensatory mitigation project, and, if required, its long-term management. (i) Where certain functions and services of waters of the United States are permanently adversely affected by a regulated activity, such as discharges of dredged or fill material into waters of the United States that will convert a forested or scrub-shrub wetland to a herbaceous wetland in a permanently maintained utility line right-of-way, mitigation may be required to reduce the adverse environmental effects of the activity to the no more than minimal level. 24. Safety of Impoundment Structures. To ensure that all impoundment structures are safely designed, the district engineer may require non-Federal applicants to demonstrate that the structures comply with established state dam safety criteria or have been designed by qualified persons. The district engineer may also require documentation that the design has been independently reviewed by similarly qualified persons, and appropriate modifications made to ensure safety. 25. Water Quality. Where States and authorized Tribes, or EPA where applicable, have not previously certified compliance of an NWP with CWA section 401, individual 401 Water Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or State or Tribe may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal degradation of water quality. 26. Coastal Zone Management. In coastal states where an NWP has not previously received a state coastal zone management consistency concurrence, an individual state coastal zone management consistency concurrence must be obtained, or a presumption of concurrence must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional measures to ensure that the authorized activity is consistent with state coastal zone management requirements. 10 27. Regional and Case-By-Case Conditions. The activity must comply with any regional conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act consistency determination. 28. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited, except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1/3-acre. 29. Transfer of Nationwide Permit Verifications. If the permittee sells the property associated with a nationwide permit verification, the permittee may transfer the nationwide permit verification to the new owner by submitting a letter to the appropriate Corps district office to validate the transfer. A copy of the nationwide permit verification must be attached to the letter, and the letter must contain the following statement and signature: “When the structures or work authorized by this nationwide permit are still in existence at the time the property is transferred, the terms and conditions of this nationwide permit, including any special conditions, will continue to be binding on the new owner(s) of the property. To validate the transfer of this nationwide permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.” _____________________________________________ (Transferee) _____________________________________________ (Date) 30. Compliance Certification. Each permittee who receives an NWP verification letter from the Corps must provide a signed certification documenting completion of the authorized activity and implementation of any required compensatory mitigation. The success of any required permittee- responsible mitigation, including the achievement of ecological performance standards, will be addressed separately by the district engineer. The Corps will provide the permittee the certification document with the NWP verification letter. The certification document will include: (a) A statement that the authorized activity was done in accordance with the NWP authorization, including any general, regional, or activity- specific conditions; (b) A statement that the implementation of any required compensatory mitigation was completed in accordance with the permit conditions. If credits from a mitigation bank or in-lieu fee program are used to satisfy the compensatory mitigation requirements, the certification must include the documentation required by 33 CFR 332.3(l)(3) to confirm that the permittee secured the appropriate number and resource type of credits; and (c) The signature of the permittee certifying the completion of the activity and mitigation. The completed certification document must be submitted to the district engineer within 30 days of completion of the authorized activity or the implementation of any required compensatory mitigation, whichever occurs later. 31. Activities Affecting Structures or Works Built by the United States. If an NWP activity also requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”), the prospective permittee must submit a pre-construction notification. See paragraph (b)(10) of general condition 32. An activity that requires section 408 permission is not authorized by NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the USACE project, and the district engineer issues a written NWP verification. 32. Pre-Construction Notification. (a) Timing. Where required by the terms of the NWP, the prospective permittee must notify the district engineer by submitting a pre-construction notification (PCN) as early as 11 possible. The district engineer must determine if the PCN is complete within 30 calendar days of the date of receipt and, if the PCN is determined to be incomplete, notify the prospective permittee within that 30 day period to request the additional information necessary to make the PCN complete. The request must specify the information needed to make the PCN complete. As a general rule, district engineers will request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the district engineer will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received by the district engineer. The prospective permittee shall not begin the activity until either: (1) He or she is notified in writing by the district engineer that the activity may proceed under the NWP with any special conditions imposed by the district or division engineer; or (2) 45 calendar days have passed from the district engineer’s receipt of the complete PCN and the prospective permittee has not received written notice from the district or division engineer. However, if the permittee was required to notify the Corps pursuant to general condition 18 that listed species or critical habitat might be affected or are in the vicinity of the activity, or to notify the Corps pursuant to general condition 20 that the activity might have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) and/or section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. Also, work cannot begin under NWPs 21, 49, or 50 until the permittee has received written approval from the Corps. If the proposed activity requires a written waiver to exceed specified limits of an NWP, the permittee may not begin the activity until the district engineer issues the waiver. If the district or division engineer notifies the permittee in writing that an individual permit is required within 45 calendar days of receipt of a complete PCN, the permittee cannot begin the activity until an individual permit has been obtained. Subsequently, the permittee’s right to proceed under the NWP may be modified, suspended, or revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2). (b) Contents of Pre-Construction Notification: The PCN must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed activity; (3) Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity; (4) A description of the proposed activity; the activity’s purpose; direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure; a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity; and any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed project or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans); 12 (5) The PCN must include a delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45 day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate; (6) If the proposed activity will result in the loss of greater than 1/10-acre of wetlands and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan. (7) For non-Federal permittees, if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, the PCN must include the name(s) of those endangered or threatened species that might be affected by the proposed activity or utilize the designated critical habitat that might be affected by the proposed activity. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act; (8) For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on, the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require pre-construction notification, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act; (9) For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a “study river” for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the “study river” (see general condition 16); and (10) For an activity that requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the pre-construction notification must include a statement confirming that the project proponent has submitted a written request for section 408 permission from the Corps office having jurisdiction over that USACE project. (c) Form of Pre-Construction Notification: The standard individual permit application form (Form ENG 4345) may be used, but the completed application form must clearly indicate that it is an NWP PCN and must include all of the applicable information required in paragraphs (b)(1) through (10) of this general condition. A letter containing the required information may also be used. Applicants may provide electronic files of PCNs and supporting materials if the district engineer has established tools and procedures for electronic submittals. (d) Agency Coordination: (1) The district engineer will consider any comments from Federal and state agencies concerning the proposed activity’s compliance with the terms and conditions of the NWPs and the need for mitigation to reduce the activity’s adverse environmental effects so that they are no more than minimal. (2) Agency coordination is required for: (i) all NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the United States; (ii) NWP 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52 activities that require pre- construction notification and will result in the loss of greater than 300 linear feet of stream bed; (iii) NWP 13 activities in excess of 500 linear feet, fills greater than one cubic yard per running foot, or involve discharges of dredged or fill material into special aquatic sites; and (iv) NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes. (3) When agency coordination is required, the district engineer will immediately provide (e.g., via e-mail, facsimile transmission, overnight mail, or 13 other expeditious manner) a copy of the complete PCN to the appropriate Federal or state offices (FWS, state natural resource or water quality agency, EPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the district engineer via telephone, facsimile transmission, or e-mail that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the district engineer will wait an additional 15 calendar days before making a decision on the pre-construction notification. The district engineer will fully consider agency comments received within the specified time frame concerning the proposed activity’s compliance with the terms and conditions of the NWPs, including the need for mitigation to ensure the net adverse environmental effects of the proposed activity are no more than minimal. The district engineer will provide no response to the resource agency, except as provided below. The district engineer will indicate in the administrative record associated with each pre- construction notification that the resource agencies’ concerns were considered. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The district engineer will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. (4) In cases of where the prospective permittee is not a Federal agency, the district engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential Fish Habitat conservation recommendations, as required by section 305(b)(4)(B) of the Magnuson-Stevens Fishery Conservation and Management Act. (5) Applicants are encouraged to provide the Corps with either electronic files or multiple copies of pre-construction notifications to expedite agency coordination. District Engineer’s Decision: 1. In reviewing the PCN for the proposed activity, the district engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to the public interest. If a project proponent requests authorization by a specific NWP, the district engineer should issue the NWP verification for that activity if it meets the terms and conditions of that NWP, unless he or she determines, after considering mitigation, that the proposed activity will result in more than minimal individual and cumulative adverse effects on the aquatic environment and other aspects of the public interest and exercises discretionary authority to require an individual permit for the proposed activity. For a linear project, this determination will include an evaluation of the individual crossings of waters of the United States to determine whether they individually satisfy the terms and conditions of the NWP(s), as well as the cumulative effects caused by all of the crossings authorized by NWP. If an applicant requests a waiver of the 300 linear foot limit on impacts to streams or of an otherwise applicable limit, as provided for in NWPs 13, 21, 29, 36, 39, 40, 42, 43, 44, 50, 51, 52, or 54, the district engineer will only grant the waiver upon a written determination that the NWP activity will result in only minimal individual and cumulative adverse environmental effects. For those NWPs that have a waivable 300 linear foot limit for losses of intermittent and ephemeral stream bed and a 1/2-acre limit (i.e., NWPs 21, 29, 39, 40, 42, 43, 44, 50, 51, and 52), the loss of intermittent and ephemeral stream bed, plus any other losses of jurisdictional waters and wetlands, cannot exceed 1/2-acre. 2. When making minimal adverse environmental effects determinations the district engineer will consider the direct and indirect effects caused by the NWP activity. He or she will also consider the cumulative adverse environmental effects caused by activities authorized by NWP and whether those cumulative adverse environmental effects are no more than minimal. The district engineer will also consider site specific factors, such as the environmental setting in the vicinity of the NWP activity, the type of resource that will be affected by the NWP activity, the functions provided by the aquatic resources that will be affected by the NWP activity, the degree or magnitude to which the aquatic resources perform those functions, the extent that aquatic resource functions will be lost as a result of the NWP activity (e.g., partial or complete loss), the duration of the adverse effects (temporary or permanent), the importance of the aquatic resource functions to the region (e.g., watershed or ecoregion), and mitigation required by the district engineer. If an appropriate functional or condition assessment method is available and practicable to use, that assessment method 14 may be used by the district engineer to assist in the minimal adverse environmental effects determination. The district engineer may add case-specific special conditions to the NWP authorization to address site- specific environmental concerns. 3. If the proposed activity requires a PCN and will result in a loss of greater than 1/10-acre of wetlands, the prospective permittee should submit a mitigation proposal with the PCN. Applicants may also propose compensatory mitigation for NWP activities with smaller impacts, or for impacts to other types of waters (e.g., streams). The district engineer will consider any proposed compensatory mitigation or other mitigation measures the applicant has included in the proposal in determining whether the net adverse environmental effects of the proposed activity are no more than minimal. The compensatory mitigation proposal may be either conceptual or detailed. If the district engineer determines that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are no more than minimal, after considering mitigation, the district engineer will notify the permittee and include any activity-specific conditions in the NWP verification the district engineer deems necessary. Conditions for compensatory mitigation requirements must comply with the appropriate provisions at 33 CFR 332.3(k). The district engineer must approve the final mitigation plan before the permittee commences work in waters of the United States, unless the district engineer determines that prior approval of the final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the district engineer will expeditiously review the proposed compensatory mitigation plan. The district engineer must review the proposed compensatory mitigation plan within 45 calendar days of receiving a complete PCN and determine whether the proposed mitigation would ensure the NWP activity results in no more than minimal adverse environmental effects. If the net adverse environmental effects of the NWP activity (after consideration of the mitigation proposal) are determined by the district engineer to be no more than minimal, the district engineer will provide a timely written response to the applicant. The response will state that the NWP activity can proceed under the terms and conditions of the NWP, including any activity-specific conditions added to the NWP authorization by the district engineer. 4. If the district engineer determines that the adverse environmental effects of the proposed activity are more than minimal, then the district engineer will notify the applicant either: (a) that the activity does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an individual permit; (b) that the activity is authorized under the NWP subject to the applicant’s submission of a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal; or (c) that the activity is authorized under the NWP with specific modifications or conditions. Where the district engineer determines that mitigation is required to ensure no more than minimal adverse environmental effects, the activity will be authorized within the 45-day PCN period (unless additional time is required to comply with general conditions 18, 20, and/or 31, or to evaluate PCNs for activities authorized by NWPs 21, 49, and 50), with activity-specific conditions that state the mitigation requirements. The authorization will include the necessary conceptual or detailed mitigation plan or a requirement that the applicant submit a mitigation plan that would reduce the adverse environmental effects so that they are no more than minimal. When compensatory mitigation is required, no work in waters of the United States may occur until the district engineer has approved a specific mitigation plan or has determined that prior approval of a final mitigation plan is not practicable or not necessary to ensure timely completion of the required compensatory mitigation. Further Information: 1. District Engineers have authority to determine if an activity complies with the terms and conditions of an NWP. 2. NWPs do not obviate the need to obtain other federal, state, or local permits, approvals, or authorizations required by law. 3. NWPs do not grant any property rights or exclusive privileges. 4. NWPs do not authorize any injury to the property or rights of others. 5. NWPs do not authorize interference with any existing or proposed Federal project (see general condition 31). C. CORPS SEATTLE DISTRICT REGIONAL GENERAL CONDITIONS: The following conditions apply to all NWPs for the Seattle District in Washington State, unless specified. 15 1. Project Drawings: Drawings must be submitted with pre-construction notification (PCN). Drawings must provide a clear understanding of the proposed project, and how waters of the U.S. will be affected. Drawings must be originals and not reduced copies of large-scale plans. Engineering drawings are not required. Existing and proposed site conditions (manmade and landscape features) must be drawn to scale. 2. Aquatic Resources Requiring Special Protection: Activities resulting in a loss of waters of the United States in mature forested wetlands, bogs and peatlands, aspen-dominated wetlands, alkali wetlands, vernal pools, camas prairie wetlands, estuarine wetlands, wetlands in coastal lagoons, and wetlands in dunal systems along the Washington coast cannot be authorized by a NWP, except by the following NWPs: NWP 3 – Maintenance NWP 20 – Response Operations for Oil and Hazardous Substances NWP 32 – Completed Enforcement Actions NWP 38 – Cleanup of Hazardous and Toxic Waste In order to use one of the above-referenced NWPs in any of the aquatic resources requiring special protection, prospective permittees must submit a PCN to the Corps of Engineers (see NWP general condition 32) and obtain written authorization before commencing work. 3. New Bank Stabilization in Tidal Waters of Puget Sound: Activities involving new bank stabilization in tidal waters in Water Resource Inventory Areas (WRIAs) 8, 9, 10, 11 and 12 (within the areas identified on Figures 1a through 1e on Corps website) cannot be authorized by NWP. 4. Commencement Bay: The following NWPs may not be used to authorize activities located in the Commencement Bay Study Area (see Figure 2 on Corps website): NWP 12 – Utility Line Activities (substations) NWP 13 – Bank Stabilization NWP 14 – Linear Transportation Projects NWP 23 – Approved Categorical Exclusions NWP 29 – Residential Developments NWP 39 – Commercial and Institutional Developments NWP 40 – Agricultural Activities NWP 41 – Reshaping Existing Drainage Ditches NWP 42 – Recreational Facilities NWP 43 – Stormwater and Wastewater Management Facilities 5. Bank Stabilization: All projects including new or maintenance bank stabilization activities require PCN to the Corps of Engineers (see NWP general condition 32). For new bank stabilization projects only, the following must be submitted to the Corps of Engineers: a. The cause of the erosion and the distance of any existing structures from the area(s) being stabilized. b. The type and length of existing bank stabilization within 300 feet of the proposed project. c. A description of current conditions and expected post-project conditions in the waterbody. d. A statement describing how the project incorporates elements avoiding and minimizing adverse environmental effects to the aquatic environment and nearshore riparian area, including vegetation impacts in the waterbody. In addition to a. through d., the results from any relevant geotechnical investigations can be submitted with the PCN if it describes current or expected conditions in the waterbody. 6. Crossings of Waters of the United States: Any project including installing, replacing, or modifying crossings of waters of the United States, such as culverts or bridges, requires submittal of a PCN to the 16 Corps of Engineers (see NWP general condition 32). If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, the project must apply the stream simulation design method from the Washington Department of Fish and Wildlife located in the Water Crossing Design Guidelines (2013), or a design method which provides passage at all life stages at all flows where the salmonid species would naturally seek passage. If the stream simulation design method is not applied for a culvert where salmonid species are present or could be present, the project proponent must provide a rationale in the PCN sufficient to establish one of the following: a. The existence of extraordinary site conditions. b. How the proposed design will provide equivalent or better fish passage and fisheries habitat benefits than the stream simulation design method. If a culvert is proposed to cross waters of the U.S. where salmonid species are present or could be present, project proponents must provide a monitoring plan with the PCN that specifies how the proposed culvert will be assessed over a five-year period from the time of construction completion to ensure its effectiveness in providing passage at all life stages at all flows where the salmonid species would naturally seek passage. Culverts installed under emergency authorization that do not meet the above design criteria will be required to meet the above design criteria to receive an after-the-fact nationwide permit verification. 7. Stream Loss: A PCN is required for all activities that result in the loss of any linear feet of stream beds. No activity shall result in the loss of any linear feet of perennial stream beds or the loss of greater than 300 linear feet of intermittent and/or ephemeral stream beds. A stream may be rerouted if it is designed in a manner that maintains or restores hydrologic, ecologic, and geomorphic stream processes, provided there is not a reduction in the linear feet of stream bed. Streams include brooks, creeks, rivers, and historical waters of the U.S. that have been channelized into ditches. This condition does not apply to ditches constructed in uplands. Stream loss restrictions may be waived by the district engineer on a case- by-case basis provided the activities result in net increases of aquatic resource functions and services. 8. Mitigation: Pre-construction notification is required for any project that will result in permanent wetland losses that exceed 1,000 square feet. In addition to the requirements of General Condition 23 (Mitigation), compensatory mitigation at a minimum one-to-one ratio will be required for all permanent wetland losses that exceed 1,000 square feet. When a PCN is required for wetland losses less than 1,000 square feet, the Corps of Engineers may determine on a case-by-case basis that compensatory mitigation is required to ensure that the activity results in minimal adverse effects on the aquatic environment. Compensatory mitigation for impacts to marine waters, lakes, and streams will be determined on a case- by-case basis. If temporary impacts to waters of the U.S. exceed six months, the Corps of Engineers may require compensatory mitigation for temporal effects. 9. Magnuson-Stevens Fishery Conservation and Management Act – Essential Fish Habitat Essential Fish Habitat (EFH) is defined as those waters and substrate necessary to fish for spawning, breeding, feeding, or growth to maturity. If EFH may be adversely affected by a proposed activity, the prospective permittee must provide a written EFH assessment with an analysis of the effects of the proposed action on EFH. The assessment must identify the type(s) of essential fish habitat (i.e., Pacific salmon, groundfish, and/or coastal-pelagic species) that may be affected. If the Corps of Engineers determines the project will adversely affect EFH, consultation with NOAA Fisheries will be required. Federal agencies should follow their own procedures for complying with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act. If PCN is required for the proposed activity, Federal permittees must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. 10. Forage Fish: For projects in forage fish spawning habitat, in-water work must occur within designated forage fish work windows, or when forage fish are not spawning. If working outside of a designated work window, or if forage fish work windows are closed year round, work may occur if the 17 work window restriction is released for a period of time after a forage fish spawning survey has been conducted by a biologist approved by the Washington State Department of Fish and Wildlife (WDFW). Forage fish species with designated in-water work windows include Pacific sand lance (Ammodytes hexapterus), Pacific herring (Clupea pallasi), and surf smelt (Hypomesus pretiosus). This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. 11. Notification of Permit Requirements: The permittee must provide a copy of the nationwide permit authorization letter, conditions, and permit drawings to all contractors and any other parties performing the authorized work prior to the commencement of any work in waters of the U.S. The permittee must ensure all appropriate contractors and any other parties performing the authorized work at the project site have read and understand relevant NWP conditions as well as plans, approvals, and documents referenced in the NWP letter. A copy of these documents must be maintained onsite throughout the duration of construction. 12. Construction Boundaries: Permittees must clearly mark all construction area boundaries before beginning work on projects that involve grading or placement of fill. Boundary markers and/or construction fencing must be maintained and clearly visible for the duration of construction. Permittees should avoid and minimize removal of native vegetation (including submerged aquatic vegetation) to the maximum extent possible. 13. Temporary Impacts and Site Restoration a. Temporary impacts to waters of the U.S. must not exceed six months unless the prospective permittee requests and receives a waiver by the district engineer. Temporary impacts to waters of the U.S. must be identified in the PCN. b. No more than 1/2 acre of waters of the U.S. may be temporarily filled unless the prospective permittee requests and receives a waiver from the district engineer (temporary fills do not affect specified limits for loss of waters associated with specific nationwide permits). c. Native soils removed from waters of the U.S. for project construction should be stockpiled and used for site restoration. Restoration of temporarily disturbed areas must include returning the area to pre- project ground surface contours. If native soil is not available from the project site for restoration, suitable clean soil of the same textural class may be used. Other soils may be used only if identified in the PCN. d. The permittee must revegetate disturbed areas with native plant species sufficient in number, spacing, and diversity to restore affected functions. A maintenance and monitoring plan commensurate with the impacts, may be required. Revegetation must begin as soon as site conditions allow within the same growing season as the disturbance unless the schedule is approved by the Corps of Engineers. Native plants removed from waters of the U.S. for project construction should be stockpiled and used for revegetation when feasible. Temporary Erosion and Sediment Control measures must be removed as soon as the area has established vegetation sufficient to control erosion and sediment. e. If the Corps determines the project will result in temporary impacts of submerged aquatic vegetation (SAV) that are more than minimal, a monitoring plan must be submitted. If recovery is not achieved by the end of the monitoring period, contingencies must be implemented, and additional monitoring will be required. This RGC does not apply to NWP 48, Commercial Shellfish Aquaculture Activities. Please see specific regional conditions for NWP 48. D. CORPS REGIONAL SPECIFIC CONDITIONS FOR THIS NWP: 1. A pre-construction notification (PCN) must be submitted to the district engineer (see NWP general condition 32) for any proposed project located in a Department of the Army permit compensatory mitigation site, Comprehensive Environmental Response, Compensation and Liability Act (Superfund) 18 site, Resource Conservation and Recovery Act hazardous waste clean-up site, Washington State Department of Ecology compensatory mitigation site, or Washington State Model Toxics Control Act clean-up site. 2. For projects subject to PCN, if there is a loss of waters of the U.S., the project proponent must explain in the PCN why the loss is necessary and show how it would be fully offset by the beneficial elements of the project. 3. The PCN must contain a description of pre-project site conditions (including photographs), aquatic functions the site provides, and benefits anticipated from project construction. 4. The project proponent must include maintenance and monitoring plans with the PCN. 5. Restoration projects involving shellfish seeding must use shellfish native to the watershed. E. ECOLOGY 401 CERTIFICATION: GENERAL CONDITIONS In addition to all the Corps National and Seattle Districts’ Regional permit conditions, the following State General Section 401 Water Quality Certification (Section 401) conditions apply to all Nationwide Permits whether certified or partially certified in the State of Washington. 1. For in-water construction activities. Ecology Section 401 review is required for projects or activities authorized under NWPs that will cause, or may be likely to cause or contribute to an exceedance of a State water quality standard (Chapter 173-201A WAC) or sediment management standard (Chapter 173-204 WAC). State water quality standards and sediment management standards are available on Ecology’s website. Note: In-water activities include any activity within a wetland and/or activities below the ordinary high water mark (OHWM). 2. Projects or Activities Discharging to Impaired Waters. Ecology Section 401 review is required for projects or activities authorized under NWPs if the project or activity will occur in a 303(d) listed segment of a waterbody or upstream of a listed segment and may result in further exceedances of the specific listed parameter. To determine if your project or activity is in a 303(d) listed segment of a waterbody, visit Ecology’s Water Quality Assessment webpage for maps and search tools. 3. Application. For projects or activities that will require Ecology Section 401 review, applicants must provide Ecology with a Joint Aquatic Resources Permit Application (JARPA) along with the documentation provided to the Corps, as described in National General Condition 32, Pre-Construction Notification, including, when applicable: (a) A description of the project, including site plans, project purpose, direct and indirect adverse environmental effects the project would cause, best management practices (BMPs), and any other Department of the Army or federal agency permits used or intended to be used to authorize any part of the proposed project or any related activity. (b) Drawings indicating the Ordinary High Water Mark (OHWM), delineation of special aquatic sites and other waters of the state. Wetland delineations must be prepared in accordance with the current method required by the Corps and shall include Ecology’s Wetland Rating form. Wetland rating forms are subject to review and verification by Ecology staff. Guidance for determining the OHWM is available on Ecology’s website. (c) A statement describing how the mitigation requirement will be satisfied. A conceptual or detailed mitigation or restoration plan may be submitted. See State General Condition 5 for details on mitigation requirements. (d) Other applicable requirements of Corps Nationwide Permit General Condition 32, Corps Regional Conditions, or notification conditions of the applicable NWP. (e) Within 180 calendar days from receipt of applicable documents noted above and a copy of the final authorization letter from the Corps providing coverage for a proposed project or activity under the NWP Program Ecology will provide the applicant notice of whether an individual Section 401 will be required for the project. If 19 Ecology fails to act within a year after receipt of both of these documents, Section 401 is presumed waived. 4. Aquatic resources requiring special protection. Certain aquatic resources are unique, difficult-to- replace components of the aquatic environment in Washington State. Activities that would affect these resources must be avoided to the greatest extent possible. Compensating for adverse impacts to high value aquatic resources is typically difficult, prohibitively expensive, and may not be possible in some landscape settings. Ecology Section 401 review is required for activities in or affecting the following aquatic resources (and not prohibited by Seattle District Regional General Condition): (a) Wetlands with special characteristics (as defined in the Washington State Wetland Rating Systems for western and eastern Washington, Ecology Publications #14-06-029 and #14-06-030): • Estuarine wetlands. • Wetlands of High Conservation Value. • Bogs. • Old-growth and mature forested wetlands. • Wetlands in coastal lagoons. • Interdunal wetlands. • Vernal pools. • Alkali wetlands. (b) Fens, aspen-dominated wetlands, camas prairie wetlands. (c) Marine water with eelgrass (Zostera marina) beds (except for NWP 48). (d) Category I wetlands. (e) Category II wetlands with a habitat score ≥ 8 points. This State General Condition does not apply to the following Nationwide Permits: NWP 20 – Response Operations for Oil and Hazardous Substances, NWP 32 – Completed Enforcement Actions 5. Mitigation. Applicants are required to show that they have followed the mitigation sequence and have first avoided and minimized impacts to aquatic resources wherever practicable. For projects requiring Ecology Section 401 review with unavoidable impacts to aquatics resources, adequate compensatory mitigation must be provided. (a) Wetland mitigation plans submitted for Ecology review and approval shall be based on the most current guidance provided in Wetland Mitigation in Washington State, Parts 1 and 2 (available on Ecology’s website) and shall, at a minimum, include the following: i. A description of the measures taken to avoid and minimize impacts to wetlands and other waters of the U.S. ii. The nature of the proposed impacts (i.e., acreage of wetlands and functions lost or degraded). iii. The rationale for the mitigation site that was selected. iv. The goals and objectives of the compensatory mitigation project. v. How the mitigation project will be accomplished, including construction sequencing, best management practices to protect water quality, proposed performance standards for measuring success and the proposed buffer widths. vi. How it will be maintained and monitored to assess progress towards goals and objectives. Monitoring will generally be required for a minimum of five years. For forested and scrub-shrub wetlands, 10 years of monitoring will often be necessary. vii. How the compensatory mitigation site will be legally protected for the long term. Refer to Wetland Mitigation in Washington State – Part 2: Developing Mitigation Plans (Ecology Publication #06-06-011b) and Selecting Wetland Mitigation Sites Using a Watershed Approach (Ecology Publications #09-06-032 (Western Washington) and #10-06-007 (Eastern Washington)) for guidance on selecting suitable mitigation sites and developing mitigation plans. Ecology encourages the use of alternative mitigation approaches, including credit/debit methodology, advance mitigation, and other programmatic approach such as mitigation banks and in-lieu fee programs. If you are interested in proposing use of an alternative mitigation approach, consult with the appropriate Ecology regional staff person. Information on alternative mitigation approaches is available on Ecology’s website. 20 (b) Mitigation for other aquatic resource impacts will be determined on a case-by-case basis. 6. Temporary Fills. Ecology Section 401 review is required for any project or activity with temporary fill in wetlands or other waters of the state for more than 90 days, unless the applicant has received written approval from Ecology. Note: This State General Condition does not apply to projects or activities authorized under NWP 33, Temporary Construction, Access, and Dewatering 7. Stormwater pollution prevention: All projects that involve land disturbance or impervious surfaces must implement stormwater pollution prevention or control measures to avoid discharge of pollutants in stormwater runoff to waters of the State. (a) For land disturbances during construction, the applicant must obtain and implement permits (e.g., Construction Stormwater General Permit) where required and follow Ecology’s current stormwater manual. (b) Following construction, prevention or treatment of on-going stormwater runoff from impervious surfaces shall be provided. Ecology’s Stormwater Management and Design Manuals and stormwater permit information are available on Ecology’s website. 8. State Section 401 Review for PCNs not receiving 45-day response from the Seattle District. In the event the Seattle District Corps does not issue a NWP authorization letter within 45 calendar days of receipt of a complete pre-construction notification, the applicant must contact Ecology for Section 401 review prior to commencing work. F. ECOLOGY 401 CERTIFICATION: SPECIFIC CONDITIONS FOR THIS NWP: Certified subject to conditions. Ecology Section 401 review is required for projects or activities authorized under this NWP if: 1. The project or activity involves fill in tidal waters. 2. The project or activity affects ½ acre or more of wetlands. 3. The project or activity is a mitigation bank or an advanced mitigation site. The project or activity is in or adjoining a known contaminated or cleanup site. G. COASTAL ZONE MANAGEMENT CONSISTENCY RESPONSE FOR THIS NWP: (Note: This is only applies in the following counties: Clallam, Grays Harbor, Island, Jefferson, King, Kitsap, Mason, Pacific, Pierce, San Juan, Skagit, Snohomish, Thurston, Wahkiakum and Whatcom) Response: Ecology concurs that this NWP is consistent with the CZMP, subject to the following condition: An individual Coastal Zone Management Consistency Determination is required for project or activities under this NWP if State Section 401 review is required. General Conditions: For Non-Federal Permittees 1. Necessary Data and Information. A Coastal Zone Management Program “Certification of Consistency” form is required for projects located within a coastal county. “Certification of Consistency” forms are available on Ecology’s website. The form shall include a description of the proposed project or activity and evidence of compliance with the applicable enforceable policies of the Washington Coastal Zone Management Program (CZMP). Also, a map of the site location is required. 21 2. Timing. Within 6 months from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 6 month period, concurrence with the CZMP is presumed. General Conditions: For Federal Permittees (Agencies) 1. Necessary Data and Information. Federal agencies shall submit the determination, information, and analysis required by 15 CFR 930.39 to obtain a federal consistency determination. 2. Timing. Within 60 days from receipt of the necessary data and information, Ecology will provide a federal consistency determination for the proposed project or activity. If Ecology fails to act within the 60 day period, concurrence with the CZMP is presumed. CERTIFICATE OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: NWS- Name of Permittee: Date of Issuance: Upon completion of the activity authorized by this permit, please check the applicable boxes below, date and sign this certification, and return it to the following address: Department of the Army U.S. Army Corps of Engineers Seattle District, Regulatory Branch Post Office Box 3755 Seattle, Washington 98124-3755 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with the terms and conditions of your authorization, your permit may be subject to suspension, modification, or revocation. The work authorized by the above-referenced permit has been completed in accordance with the terms and conditions of this permit. Date work complete: __________________________________ Photographs and as-built drawings of the authorized work (OPTIONAL, unless required as a Special Condition of the permit). If applicable, the mitigation required (e.g., construction and plantings) in the above-referenced permit has been completed in accordance with the terms and conditions of this permit (not including future monitoring). Date work complete: __________________________________ N/A Photographs and as-built drawings of the mitigation (OPTIONAL, unless required as a Special Condition of the permit). Provide phone number/email for scheduling site visits (must have legal authority to grant property access). Printed Name: ____________________________________________________________________ Phone Number: __________________________ Email: ___________________________________ Printed Name: Signature: Date: MadsenCreekPERMITSWashingtonStateHydraulicProjectApproval(SeeHPAinMaplewoodPermitSection)ArmyCorpsofEngineersNationwidePermitWashingtonStateDept.ofEcologyWaterQualityCertification(notrequired) DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, SEATTLE DISTRICT P.O. BOX 3755 SEATTLE, WASHINGTON 98124-3755 Regulatory Branch May 7, 2019 Mr. Ron Straka City of Renton Surface Water Utility 1055 South Grady Way Renton, Washington 98057 Reference: NWS-2009-481 Renton, City of (Madsen Creek Sediment Basin) Dear Mr. Straka: We have reviewed your application to discharge up to 2 cubic yards of fill to create a temporary diversion dam, in the Madsen Creek near Renton, King County, Washington. Additional work would include the remove up to 1,000 cubic yards of accumulated sediments in the basin by excavation, and conduct minor maintenance activities such as moving boulders, woody debris, and vegetation in the Madsen Creek sediment Basin. This work is authorized to be conducted annually for up to 5 years. Based on the information you provided to us, Nationwide Permit (NWP) 3, Maintenance (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated February 1, 2018. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 3, Terms and Conditions and the following special conditions: a.In order to meet the requirements of the Endangered Species Act you may conduct the authorized activities from July 1 through August 31 in any year this permit is valid. You shall not conduct work authorized by this permit from September 1 through June 30 in any year this permit is valid. b. You must implement and abide by the Endangered Species Act (ESA) requirements and/or agreements set forth in the Abbreviated Biological Evaluation (BE) dated June 7, 2012, in its entirety. The National Marine Fisheries Service (NMFS) provided the enclosed Letter of Concurrence (LOC) with a finding of “may affect, not likely to adversely affect” based on this document and a statement from WDFW, on March 14, 2019 (NMFS Reference Number WCR- -2- 2019-10902). The U.S. Fish and Wildlife Service (USFWS) provided the enclosed LOC with a finding of “may affect, not likely to adversely affect” based on this document on November 28, 2018 (USFWS Reference Number 01EWFW00-2019-I-0070). Both agencies will be informed of this permit issuance. Failure to comply with the commitments made in this consultation constitutes non-compliance with the ESA and your U.S. Army Corps of Engineers permit. The USFWS/NMFS is the appropriate authority to determine compliance with ESA. c.Incidents where any individuals of fish species, marine mammals and/or sea turtles listed by National Oceanic and Atmospheric Administration Fisheries (NOAA Fisheries) under the Endangered Species Act appear to be injured or killed as a result of discharges of dredged or fill material into waters of the U.S. or structures or work in navigable waters of the U.S. authorized by this Nationwide Permit verification shall be reported to NOAA Fisheries, Office of Protected Resources at (301) 713-1401 and the Regulatory Office of the Seattle District of the U.S. Army Corps of Engineers at (206) 764-3495. The finder should leave the animal alone, make note of any circumstances likely causing the death or injury, note the location and number of individuals involved and, if possible, take photographs. Adult animals should not be disturbed unless circumstances arise where they are obviously injured or killed by discharge exposure or some unnatural cause. The finder may be asked to carry out instructions provided by NOAA Fisheries to collect specimens or take other measures to ensure that evidence intrinsic to the specimen is preserved. We have reviewed your project pursuant to the requirements of the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act and the National Historic Preservation Act. We have determined this project complies with the requirements of these laws provided you comply with all of the permit general and special conditions. Please note that National General Condition 21, Discovery of Previously Unknown Remains and Artifacts, found in the Nationwide Permit Terms and Conditions enclosure, details procedures that must be followed should an inadvertent discovery occur. You must ensure that you comply with this condition during the construction of your project. The authorized work complies with the Washington State Department of Ecology’s (Ecology) Water Quality Certification (WQC) requirements and Coastal Zone Management (CZM) consistency determination response for this NWP. No further coordination with Ecology for WQC and CZM is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to -3- complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. These documents and information about our program are available on our website at www.nws.usace.army.mil, select “Regulatory Branch, Permit Information” and then “Contact Us.” A copy of this letter with enclosures will be furnished to Mr. Jim Shannon of Hart Crowser, Inc., 3131 Elliott Avenue #600, Seattle, Washington, 98121. If you have any questions, please contact me at jenae.churchill@usace.army.mil or (206) 764-5527. Sincerely, Jenae Churchill, Project Manager Regulatory Branch Enclosures TRAFFIC CONTROL INFORMATION CITY OF RENTON TRAFFIC CONTROL PLAN PROJECT NAME: PERMIT# CONSTRUCTION COMPANY: PHONE#: CONTACT NAME: PHONE#: ADDRESS: CELL#: E-MAIL ADDRESS: FAX#: PROJECT LOCATION: N/E/S/W OF: WORK TIME: APPROVED BY: WORK DATE: APPROVAL DATE: Permit Holder agrees to all the following: • Comply with all traffic regulations of the City of Renton and the State of Washington. • Prepare a traffic control plan and obtain City approval of that plan. That plan shall be implemented for all street and lane closures, and the plan shall be performed in compliance with the Manual on Uniform Traffic Control Devices. • Notify emergency services (253-852-2121) twenty-four (24) hours before any street or lane closures. • Any lane or street closures not in conformance with the approved traffic control plan and/or without notification of emergency services may result in receiving a citation for violation of R.C.W. 47.36.200 through 47.36.220, 9A.36.050 Reckless Endangerment, and other applicable State and City codes. • Indemnify and hold harmless the City of Renton from any and all claims, actions, and judgments, including all costs of defense and attorney’s fees incurred in defending against same, arising from and related to implementation of the approved traffic control plans including claims arising from towing of private vehicles and the acts of the Permit Holder’s agents and employees. • The City of Renton shall be entitled, in its reasonable discretion, to settle claims prior to suit or judgment, and in such event shall indemnify and hold harmless the City for any such claims paid, including the City’s reasonable attorney’s fees and litigation costs incurred resulting from such claim. • In the event any claim or suit is brought against City within the scope of this Agreement, Permit Holder will pay for legal counsel chosen by the City to defend against same. • Flagger and sign placement are subject to revision by the City Inspector on site, if needed to address traffic or pedestrian safety or travel. • By my signature herein, I acknowledge all the above requirements. PRINT NAME: DATE: SIGNATURE: OFFICE COPY T- CONTRACTOR DEV. SERVICE, INSPECTION K. KITTRICK/ DEV. SERVICE, PLAN REVIEW A. HENNINGER/J. ILLIAN POLICE CLARK WILCOX FIRE DAVID PARGARS/STA. #13 NOTES: • Work Zone Traffic Control shall be in accordance with the Manual on Uniform Traffic Control Devices (MUTCD) and shown by sketch or reference to WSDOT. • The plan must be submitted to the City’s PW/Transportation Division for review and/or approval at least three working days prior to work. • Approved Temporary Traffic Control Plan must be at the work site during work hours. • Contractor or entity must call Renton School District (425-204-4455) or any public/private agency to be affected by a temporary lane or road closure. • Complete assistance and accommodation shall be provided to all kinds of pedestrian traffic when sidewalk or walkway is impeded. • Total road closure lasting more than 24 hours is subject to the approval by the City Council. • Any vehicle, equipment, barricade, or portable tow-away sign used within the work area must display a company logo or any legally acceptable sign showing the company name, address, and telephone number at a conspicuous place on the vehicle or equipment. In the case of Temporary No Parking Zones, all the following apply in addition to previous: • Contractor must complete form to show limits of Temporary No Parking Zone identifying barricade locations for vacate parking or curb lane usage. • Contractor must post notice of dates and time of Temporary No Parking Zone with at least two signs per block 72 hours in advance of effective date and time. • The cover sheet of this Traffic Control Plan form must be attached to each Temporary No Parking Sign on the project site. • Temporary traffic control devices must be removed immediately when work is done or no construction activities are going on. If deemed abandoned, City crews will remove and store them at the City’s maintenance shop (3555 NE 2nd Street). SKETCH I -- NORTH -- I LANE CLOSED 1 1.5 SEC 2 1.5 SEC SIGN LOCATION CHANNELIZING DEVICES PROTECTIVE VEHICLE ~ RECOMMENDED LEGEND PCMS PORTABLE CHANGEABLE MESSAGE SIGN ARROW PANEL FIELD LOCATE 1 MILE 35/64 , IN ADVANCE OF LANE CLOSURE PCMS SAMPLE MESSAGE ONE MILE AHEAD STA TEOFWASHINGT O NR EGISTEREDPROFE S SIONAL ENGINEER25335THEODORE J. TR EPA NI EREXPIRES AUGUST 9, 2007 STANDARD PLAN K-24.60-00 SINGLE LANE CLOSURE ON MULTILANE ROADWAY SHEET 1 OF 1 SHEET APPROVED FOR PUBLICATION DATESTATE DESIGN ENGINEER Washington State Department of TransportationDRAWN BY: ELENA BRUNSTEIN1. 2. 3. 4. 5. 6. 7. NOTES 8. A Protective Vehicle is recommended regardless if a Truck Mounted Attenuator (TMA) is available; a work vehicle may be used. When no TMA is used, the Protective Vehicle shall be strategically located to shield workers, with no specific Roll-Ahead distance. Devices shall not encroach into adjacent lanes. Extend device taper (L/3) across shoulder ~ recommended. Portable Changeable Message Sign (PCMS) ~ recommended. Use Transverse Devices in closed lane every 1000’ 35/64 ~ recommended. Traffic Safety Drums for all tapers on high speed roadway ~ recommended. Channelizing Device spacing for the downstream taper option shall be 20’ O.C. For signs size refer to Manual on Uniform Traffic Control Devices (MUTCD) and WSDOT Sign Fabrication Manual M55-05. FOR LOCAL AGENCY USE ONLY NOT FOR USE ON STATE ROUTES 45 50 55 60 360 425 495 570 POSTED SPEED (MPH) LONGITUDINAL BUFFER SPACE = B LENGTH B (FEET) 25 30 35 155 200 250 40 305 MINIMUM WEIGHT 15,000 LBS. (MAXIMUM WEIGHT SHALL BE IN ACCORDANCE WITH MANU- FACTURER RECOMMENDATION) TYPICAL PROTECTIVE VEHICLE WITH TMA (SEE NOTE 1) LOADED WEIGHT ROLL AHEAD STOPPING DISTANCE = 30 FEET MIN. (DRY PAVEMENT ASSUMED) 1 4 YARD DUMP TRUCK, SERVICE TRUCK, FLAT BED, ETC. BUFFER DATA VEHICLE TYPE 25 30 35 40 45 50 55 540 550 600 550 605 660 660 720 POSTED SPEED (MPH) 10 11 12 60 450 495 500 LANE WIDTH (FEET) 125 165 180 205 225 245 270 294 320 105 115 150 - 8040 POSTED SPEED (MPH) 50 / 70 IN TANGENT (FEET) IN TAPER (FEET) CHANNELIZING DEVICE SPACING 35 / 45 30 60 8040 POSTED SPEED (MPH) 50 / 70 IN TANGENT (FEET) IN TAPER (FEET) CHANNELIZING DEVICE SPACING 25 / 30 20 40 MINIMUM TAPER LENGTH = L (FEET) RURAL ROADS & URBAN ARTERIALS URBAN STREETS RURAL ROADS, URBAN ARTERIALS, RESIDENTIAL & BUSINESS DISTRICTS 25 MPH OR LESS 100’ 35/64 (2) 200’ 35/64 (2) 35 / 40 MPH 25 / 30 MPH 350’ 35/64 45 / 55 MPHRURAL ROADS 500’ 35/64 60 / 65 MPH 800’ 35/64 RURAL HIGHWAYS (1) ALL SIGN SPACING MAY BE ADJUSTED TO ACCOMMODATE INTERCHANGE RAMPS, AT-GRADE INTERSECTIONS, AND DRIVEWAYS. (2) THIS SIGN SPACING MAY BE REDUCED IN URBAN AREAS TO FIT ROADWAY CONDITIONS. ALL SIGNS ARE BLACK ON ORANGE UNLESS DESIGNATED OTHERWISE SIGN SPACING = X (1) END ROAD WORK 100’ WORK AREA B L X X W20-1 PCMS2’ MIN.SEE NOTE 5 RIGHT LANE CLOSED AHEAD W20-5R OR X1 G20-2A DOWNSTREAM TAPER TO SHOW END OF WORK AREA ~ SEE NOTE 7 ROAD WORK AHEAD W4-2L ~ COMPLIANCE DATE 12/23/13 SEE STANDARD PLAN K-24.20 FOR ALTERNATE ENCROACHMENT Ken L. Smith 02-15-07NOTE: THIS PLAN IS NOT A LEGAL ENGINEERING DOCUMENT BUT AN ELECTRONIC DUPLICATE. THE ORIGINAL, SIGNED BY THE ENGINEER AND APPROVED FOR PUBLICATION, IS KEPT ON FILE AT THE WASHINGTON STATE DEPARTMENT OF TRANS-PORTATION. A COPY MAY BE OBTAINED UPON REQUEST. MAPLEWOOD CREEK BASIN 1999 CLEANING MEMO AND CURRENT PHOTOS CITYOFRENTONMEMORANDUMDATE:October7,1999TO:MaplewoodSedimentBasinFileFROM:DanielCareySUBJECT:MaplewoodCreekSedimentBasinCleaningNotesandObservationsThesedimentbasinwascleanedbetween9/20/99and9/29/99.Thefollowingnotesandattachedfiguresandphotosareforfuturereferencewhenthebasinneedscleaningagain.TimeNeeded9/20MondayMobilizedtosite-4to6hrs9/21TuesdaySetup,organize,trytobuildfirstbypassdam(notsuccessful)-8hr9/22WednesdayBuildbypassdam-2to4hr(withmaterialfrompreviousday).DrainbasinandRescuefish-4to5hrs.9/23ThursdayStartremovingsediment,stockpiletodewater-8hrs9/24FridayRemovingsediment,haultodisposeongolfcourse-8hrs9/25SaturdayRemovingsediment,haultodisposeongolfcourse-8hrs9/27MondayFinishremovingsediment,placerocksinuppercreek,startrefillingbasinovernight-8hrs9/28TuesdayPlacerocksinuppercreek,removebypassdam,drainandclosebypasspipe,generalraking.-8hrs9/29WednesdayGeneralcleanupanddemobilize-8hrs(est.)Cleaningtakesabout2weeks.Allowmoretimeforthesiltysedimenttodryout. CostBecausewetheproposedlumpsumpricesfromthefishchannelcontractor(wealreadyhadacontractwith)seemedtoohighwedecidedtouseT&Mforthework.Itcostabout$3,200perday(fullworkingday,excavator,loader,dumptruck,including8.6%tax).Disposalcostwasminimalbecausethegolfcoursetookallthematerialforlandscapingandfuturecourserevisions.Thecostforhaulingoffsitewasestimatedat$10percyforthetruckanddriver,plus$4percyfordrysoilor$8percyforwetsoil.ThematerialcouldhavegonetoasoilsitenearCedarHillslandfill,abouta21/2hourroundtrip.ObservationsandLessonsLearnedMcCartyTroutPondBesuretheadjacentpropertyownerwiththefishpond(CaseyMcCarty)isnotifiedatleastoneweekbeforetheworkstarts.Hewillhavetogetapumpandplaceitinthecreekadjacenthispropertytokeephisfishpondfulloffreshwater.Besurehisinletvalve(inthesedimentbasin)isclosedbeforestartingtodewaterthebasin.Opentheoldbypassvalveonthegolfcourse(atthesoutheastcornerofthepumpshack,thekeyforthevalveisinthepumpshack).WhenthatvalveiscloseditallowsMcCartytobackupwaterinthepipeintohispond.Whenthevalveisopenitallowswaterfromthepipe(andsedimentbasin)todrainintotheoldcreekbed.BypassDamBuildthebypasstightattheconcreteinlet.Firstplacesandbagsacrossbottomofcreektoconformtobottomandhelpformaseal.Thenplacemediabags(fabricbagsfilledwithgravel/sand,about3ftsquare)ontopofthesandbags.Placeplasticmembrane(onelargesheet)ontopofmediabagsandextendingupstreamabout15feetoutfrombags.Themembraneisplacedabout15feetupstreamofthedamtohelpsealthebottomandreducewaterbypassunderthedam.Theplasticmembraneshouldbedirectedintothebypassstructure.Usesandbagsontopofthemembraneandonthesidestosealit.Needsandbagsalongtheupstreamedgetohelpsealit.Digasumpdownstreamofthebypassdam(about5to8feet)andplaceasubmersiblepumpinit.Pumpanyseepagethatgetspastthedambackupstream.Bereadytorescuefishinthecreekimmediatelyafterthebypassdamisplaced.H:\FiIeSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjects(CIP)\27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-cleaning-Memopics\1999CIeanngMemo-Notes.DQC\DWC\tb DewateringBasinStartearlyintheday!Usethe8-inchvalveintheoverflowweirandfishweirtoinitiallydrawthebasindown.Slowlylettheflowouttominimizethesedimentstirredup.WhentheoldvalveatthegolfcourseshackisopenedtheMcCartyinletcanalsobeusedtodrawdownthewaterlevel.Afterthewaterlevelisbelowthevalveinvertuseaportablepumptoremovewaterfromthebottomofthebasin.Flowfromthe8-inchunderdrainpipeisslowanddidn’tseemsufficienttodewaterthesediment.FishRescueAllowtheentiredaytodrawtheponddownandrescuefish.Thefishneedtoberescuedassoonaspossible.Whenthewaterlevelislowitmaygettoohotoroxygendepletedtoallowthemtosurviveformorethanafewhours.Drawthewaterleveldownsothereisonlyasmallpondarea,thennetthefishinthepond(on9/22/99wecapturedabout40to60fishfromthepond).TheWDFWelectroshockerdidn’tseemtoworktoowell.Weturnedituptohigherlevelthanshownontheinstructions.Somefishwereshockedandbeachedthemselves,makingcaptureeasy.Wadingwiththeshockerstirredupthesiltandmadeithardtooseeanyshockedfish.Whenthewaterlevelwaslow(4to8inches)itwaspossibletolayontheoverflowweirandreachdowntonetfish.Thisworkedalittlebetterthanelectroshocking.WhentheMcCartyinletisusedtodrainthepondonepersonshouldbeatittonetfish.Alargenumberofsmallerfish(1to2inch)werecapturedthere.Someoftherescuedfishwereplacedinthetopcellofthefishladder,somewereplacedinthebottomcellorpoolattheoutlet.Recommendation-Makealargenet(say1.5’highby3’to4wide)soit’seasiertoscoopandcapturefish.Thenetwillhavetobemadebeforetheprojectbegins.Youcouldalsotrytouseanareanetcastonthebottom,herdthefishtothatside,thendrawitupandcapturethem.SiltySoilatSouthEndofBasinCleanthebasinbeforemorethan1footofsiltaccumulatesatthesouthend.Thesiltysoilatthesouthendneedstimetodewater.Allow3to4daysinthehotsunafterthebasinisemptied.Itmayalsohelptostackthesiltymaterialinthebasinandletitcontinuetodewaterbeforefinallyhaulingawayfordisposal.H:\FileSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjectsfCIP)’27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-Cleaning-MemoPics\1999CleaningMemo-Notes.DOC\DWC\tb SedimentRemovalFirstthetrackhoeworkedatthenorthendofthebasinonthestablegranularsediment.Itscrapedtheupperchannel,thenmovedontothedeltaatthenorthendofthebasin.Itwasabletositonthedelta,scrapethegranularsoiltowardit,andformalargestockpilethatwoulddewater.Afrontendloaderwasusedtomovegranularsoilstockpiledatthenorthendtoastockpileintheupperparkinglot.The1footgranularlayerabovethelinerfelthardwhenencountered,andwasstableforthetrackhoetodriveon.Itwaseasyfortheoperatortodetectwhenhehadexcavatedthroughthesedimentandreachedthegranularlayer.Theoperatorstockpiledsomesiltymaterialonthegranularsoilandletitdewaterovernight,Itlostsomewaterandseemeddrierandeasiertoworkthenextday.Recommend-Allowthesiltysoil2daystodryinplace,thenpileitinstockpilesinthebasinsoitcandewaterfurther.RefillingtheBasinIttookabout12to16hourstocompletelyrefillthebasinatabout1/2theflow.The8-inchvalveinthefishweirwasopenedabout¼ofthewayandthewaterlevelinthefishweirandbasinwasallowedtostabilizeovernight.Thatplacedthewaterlevelinthepondatabout4inchesbelowthefishweir.Nextthebypassdamwasremovedandallthecreekflowwentintothesedimentbasin.The8-inchvalveintheoverflowspillwaywasopenedtokeepaboutY2thetotalflowtothefishchannelonthegolfcourse(itshouldNOTbedriedup).Thewaterlevelinthepondwasallowedtorisetojustbelowthefishweir.Thewaterlevelintheuppercellinthefishladderneededtobedrawdowntodrainthe18-inchbypasspipe,andavoidtrappinganyfishthatmayhaveswumintoit.The18-inchvalveonthesouthwestsideofthefishladderwasopenedtodrawdownthewaterintheuppercell,thebypasspipevalvewasclosed,thenthe18-inchfishladdervalvewasclosed.The8-inchvalveinthefishweirwasopenedtorefilltheuppercellfromthesedimentbasin.Theuppercelltookabout1hourtofill.Thewaterlevelinthepondtookaboutanotherhourtoreachthetopofthefishweirandbeginflowingintothefishladder.Afterflowhadreestablisheditselfintheentirefishladderthe8-inchvalveintheoverflowweirwasclosedandthesedimentbasinresumednormaloperation.Note-The8-and18-inchvalveshadasmallflowofwatergoingthroughthemaftertheywereclosed.After2or3daysmostoftheflowstopped.Note-The8-inchcanalgateintheoverflowweirwashardtoclose.Theslidinggatevalveseemedtobeoffcenterandscrapingalongoneside.Withtoomuchforcethevalvestembendsandmayeventuallybreak.Useahammertotapthehighsideofthegatedownandthevalveshouldslideeasily.H:\FiIeSys\SWP-SurfaceWaterProjects\SWP-27-SurfaceWaterProjects(CIP)\27-2057MAPLEWOODBASIN\2011PondCleaning\16021999-Cleaning-MemoPics\1999CleaningMemo-Notes.DOC\DWC\tb 9122199BypassDamLookingNorthBypassDamSideviewJustafterinstallingBypassDamPlasticandsandbagsupstreamtoreduceflowunderdam 9122/99BypassDamPumpinsumpdownstreamofdamtocatchanyflowgettingpastdamFishinsedimentbasinFishrescuedoutofbasin 9123199TrackhoeworkingoncoarsesedimentsatnorthendofbasinSiltysedimentsatSouthendofbasinAbout2feetofsiltysedimentatSouthendofbasin.Gravellayerbelowsilt.z4f4\,•.•.3•.-‘••‘-.L••j¶4.-S..-S.,-d-.__:-- Basinabout112cleaned,sedimentpiledforloadingI.•‘.l____•-cINorthendatrockweirs9123199Cleaningatnorthendofbasin 9127199Basinwithsedimentremoved9128199FlowintonewlycleanedbasinNorthend,rockweirsofnewlycleanedbasin FromOverflowSpillwaylookingNorthMaplewoodCreekSedimentBasin2016ExistingConditionsFromNorthendlookingSouthOverflowSpiliwayFromwestlookingeastatOverflowSpiliway,southendofbasin 2016ErosionareaonwestbankMcCartyValveandStandpipeC..u:..-----‘——..-.‘-..08.23.2013 R2-InvasiveWeeds(typ)NightshadeYellowIris Maplewood Creek Sediment Basin 2019 Existing Conditions Overflow Spillway From North end looking south From Overflow Spillway looking north From west looking east at Overflow Spillway, south end of basin Overflow Spillway From east looking at Overflow Spillway, south end of basin McCarty Valve Madsen Creek Basin 2008 Cleaning and Current Photos MadsenSedimentBasin2008CleaningTemporaryBypassDamLookingsouthwestSecondDamandPumptocollectflowgettingpastfirstdamTemporaryDamand24-inchbypasspipeinletLookingnortheast FishrescueandpumpatnorthendofbasinLookingNorthSedimentbasinbeforecleaning-LookingSouthwestSedimentbasin,backhoeatsouthendstartingtoremovesediment MadsenSedimentBasinaftercleaning.Southend.LookingsouthwestBasinaftercleaning.middle.LookingnorthwestBasinaftercleaning.Northend.Lookingnorth Madsen Creek Sediment Basin 2019 Existing Conditions Looking south at south end of basin Looking SW at south end of basin North end of basin looking north REFERENCE PLANS Maplewood Creek Basin 1996 Sediment Basin Design Plans, Flow Splitter Plans (Partial Set) CONSTRUCTION PLANS 11 x 17 Plans included in Scan for Bid Advertisement