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AG 14-060RETURN TO: 1 CL EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS 2. ORIGINATING STAFF PERSON: j iE F H u N/m EXT: •` 21 3. DATE REQ. BY: 4. NYPE OF DOCUMENT (CHECK ONE): ONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT Cl SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT Cl SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG #): ❑ INTERLOCAL ❑ OTHER 5. PROJECT N 6. NAME OF CONTRACTOR: @-MR rdawadmewm-wal-am �y SIGNATURE NAME:— i I 7. EXHIBITS AND ATTACHMENTS: - SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # A - ArwS30$Oo BB , EXP. 12/31/ UBI # w000Io &5!} , EXP. I 8. TERM: COMMENCEMENT DATE: / r' " (} 0 COMPLETION DATE: 10 t1 > i 120 9. TOTAL COMPENSATION: $ 1. 50& Q- %. *% Q (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: I Oa • � • 511 . SGI� • 30.1035 . 5 0 10. DOCUMENT /CONTRACT REVIEW )0 PROJECT MANAGER ❑ DIVISION MANAGER ❑ DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) � LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INITIAL / DATE REVIEWED COMMITTEE APPROVAL DATE: 31,311A _ 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # ❑ SIGNED COPY RETURNED V RETURN .� S ORIGINAL COMMENTS: EXECUTE "3 "ORIGINALS g,E L Q►1 � • PAID BY' ❑ CONTRACTOR ❑ CITY INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 3 1 DATE REC'D: 11/9 t 3 CONTRACT NO, I 1 ' 4ik CITY OF Federal'Way BID AND CONTRACT DOCUMENTS 1 AND i SPECIFICATIONS FOR 2014 ASPHALT OVERLAY PROJECT 1 RFB # 14 -101 1 ` t City of Federal Way PUBLIC WORKS DEPARTMENT 33325 Eighth Avenue South ' Federal Way, WA 98003 Mailing Address: City of Federal Way PUBLIC WORKS DEPARTMENT ' Federal Way, WA 98003 -6325 2014 Asphalt Overlay Project RFB 14 -101 Addendum No. 1 January 28, 2014 ATTENTION: All Bidders and Planholders You are hereby notified that in Addendum No. 1, the Bid and Contract Documents and Specifications for 2014 Asphalt Overlay Project is amended as follows: SPECIAL PROVISIONS (APPENDIX A) Replace Special Provisions pages 103 to 120 with the attached revised Special Provisions to clarify lane closure restrictions. Revise Section 1- 07.23(1) Construction Under Traffic Delete the lane closures restrictions' table (page 103) and revise as follows: Lane closures are subject to the following restrictions: At all times a single lane must remain open in each direction. Replace Special Provisions pages 129 to 138 with the attached revised Special Provisions to clarify material transfer device /vehicle. Add new Special Provisions for section 5- 04.3(3)A Section 5- 04.3(3)A Material Transfer Device/Vehicle Delete this section in its entirely. The bid opening date has not changed. All bidders are required to acknowledge receipt of this addendum on page 24 of the Bid Form. Failure to do so may cause rejection of the bid. CITY OF FEDERAL WAY �f Jeff Huynh Street Systems Engineer JH: k:\streets \projects\2014 Asphalt Overlay Project \RFMaddenduml.doc Regulatory Posted.Speed Distance. From Traveled Way Feet 35 mph or less 10 * 40 mph 15 45 to 55 mph 20 60 mnh or Greater 30 * or 2 -feet bevond the outside edae of sidewalk Minimum Work Zone Clear Zone Distance (August 7, 2006) Lane closures are subject to the following restrictions: At all times a single lane must remain open in each direction. If the Engineer determines the permitted Engineer may adjust the hours accordingly. writing of any change in the closure hours. closure hours adversely affect traffic, the The Engineer will notify the Contractor in No lane closures will be allowed on a holiday or holiday weekend, or after 12:00 PM (noon) on a day prior to a holiday or holiday weekend. Holidays that occur on Friday, Saturday, Sunday or Monday are considered a holiday weekend. (February 14, 2005 NWR) Signs and Traffic Control Devices All signs and traffic control devices for the permitted closures shall only be installed during the specified hours. Construction signs, if placed earlier than the specified hours of closure, shall be turned or covered so as not to be visible to motorists. Hours of Darkness The Contractor shall, at no additional cost to the Contracting Agency, make all arrangements for operations during hours of darkness. Flagger stations shall be illuminated using a minimum 150 -watt floodlight. Lighting used for nighttime work shall, whenever possible, be directed away from, or shielded from, residences and oncoming traffic. Night Work Working at night (9:00 p.m. to 6:00 a.m. weekdays, 10:00 p.m. to 9:00 a.m. weekends and holidays) is required for planing, pavement repair, paving and striping operations. Should the Contractor schedule project work during the nighttime closure hours allowed below, it shall be the Contractor's responsibility to obtain permission for such work as required in section 1- 08.0(2) Hours of Work. (March 7, 2005 NWR) City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 103 2014 RFB ver. 1 -08 . . Signal Turn -On Signal turn -on for new or rebuilt control equipment will be permitted Monday through Thursday, between 8:00 PM and 5:00 AM the same day. (March 7, 2005 NWI) During signal turn -on, the Contracting Agency will provide City of Federal Way police officer(s) to manually, control intersections. 1- 07.23(2) Construction and Maintenance of Detours (October 1, 2005 APWA GSP) Revise the second paragraph to read: Unless otherwise approved, the Contractor shall maintain two -way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove when no longer needed: 1. Detours and detour bridges that, will accommodate traffic diverted from the roadway, bridge, sidewalk, or Bath during construction, 2. Detour crossings of intersecting highway, and 3. Temporary approaches. Supplement with the following: At least one (1) lane of traffic in each direction shall be maintained on all roadways within the project limits at all times. If the usable roadway is not sufficient to safely accommodate two -way traffic, the Contractor shall adequately maintain one -way traffic. Wherever one -way traffic is in effect, the distance shall not be in excess of six hundred feet (600') or as otherwise set forth in writing by the Engineer. Two -way traffic must be maintained during all non - construction working hours, except as approved by the Engineer in advance. For arterials - A maximum of one driveway may be closed at any one time, and then for as short a duration as possible. No driveway shall be closed over night or over a weekend. At least one driveway shall be maintained into and out of sites adjacent to the project. All drop -offs exposed to traffic shall be protected in accordance with Section 1- 07.23(1) of the Standard Specifications. Any modification to these requirements must be approved by the Engineer prior to commencement of any work. Sequential arrow boards shall be used for work on arterials and shall be incidental to other contract bid items. A written request, along with a detailed detour plan shall be submitted to the Engineer for approval, a minimum of ten (10) days prior to any road closures. All costs for constructing and maintaining detours shall be borne by the Contractor. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 104 2014 RFB ver. 1 -08 1 -07.24 Rights of Way (October 1, 2005 APWA GSP) 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 in the Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. 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 has 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 or 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 Contractor. 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 to 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. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 105 2014 RFB ver. 1 -08 .r Add the following new section: 1 -07.28 Communication with Businesses and Property Owners (January 11, 2014 * * * * * *) The Contractor will be responsible for communicating all work activities with the property owners. The Contractor, along with the City's inspector, shall have one formal meeting with the managers of the business corridor. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the businesses informed of their general locations and activities for the upcoming two (2) months by distributing a monthly status /schedule memo to the businesses. The memo shall be approved by the Engineer prior to distribution. Payment for said meetings and communication shall be considered incidental to the unit contract price paid for Mobilization and no additional payment will be made. 1 -07.29 Road Maintenance New Section ( * * * * * *) The Contractor shall be responsible for controlling dust and mud within the project limits, and all streets used by the Contractor during the execution of this contract shall be maintained in a clean condition. The Contractor shall be prepared to use watering trucks equipped with high velocity water jets and low -head sprinkling devices, power sweepers, and any other pieces of equipment necessary to render the streets free of all mud, debris, and foreign materials. Any damage caused by dust and /or mud accumulation on the streets or in the storm sewer system shall be the sole responsibility of the Contractor. Watering trucks may be used on paved streets with an adequate storm drainage system. Watering trucks shall not be used on streets where, in the opinion of the Engineer, mud is created, causing a nuisance. Where water flushing is not allowed, street sweepers (not power brooms) shall be used. The Contractor shall provide for sweeping, or flushing all surfaced roadways at a minimum upon completion of each day's activities. Equipment required for this operation shall be on the job site or available at all times. Failure to have this equipment on the job site or available will necessitate a shutdown of the project. The Contractor shall cover all loads if in the determination of the Engineer haul of project materials is posing a road maintenance and /or potential safety problem. Should daily removal be insufficient to keep the streets clean, the Contractor shall perform removal operations on a more frequent basis. If the Engineer determines that a more frequent cleaning is impractical or if the Contractor fails to keep the streets free from deposits and debris resulting from the work, the Contractor shall, upon order of the Engineer, provide facilities for and remove all clay or other deposits from the tires or between wheels before trucks or other equipment will be allowed to travel over paved streets. Should the Contractor fail or refuse to clean the streets in question or the trucks or equipment in question, the Engineer may order the work suspended at the Contractor's risk until City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 106 2014 RFB ver. 1 -08 J ( I compliance with the Contractor's obligation is assured, or the Engineer may order the streets in question cleaned by others and such costs incurred by the Owner in achieving compliance with these Contract requirements, including cleaning of the streets, shall be deducted from monies due or to become due the Contractor on monthly estimate. The Contractor shall have no claim for delay or additional costs should the Engineer choose to suspend the Contractor's work until compliance is achieved. All costs in connection with the above work, including labor, materials, tools and equipment, shall be considered as incidental to the construction, and payment thereof shall be included in the unit contract prices of other bid items. 1 -08 PROSECUTION AND PROGRESS Add the following new section: 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) Add the following new section: 1- 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) 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 purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; S. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1- 08.0(2) Hours of Work Section 1- 08.0(2) is supplemented with the following: Permission to work between the hours of 9:00 p.m. and 6:00 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 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 107 2014 RFB ver. 1 -08 4 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. Work will be restricted to the hours between 7:00 a.m. and 3:30 p.m., unless otherwise approved by the Engineer. Work on SW 356th St and SW 320th St will be restricted to 8:30 a.m. to 3:30 p.m. Work on S 352nd St will be restricted to 9:00 p.m. to 7:00 a.m. No work shall be allowed within the right -of -way on Saturdays, Sundays, or holidays, unless otherwise authorized by the Engineer. There will be no additional compensation for night work. 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 Engineer. These conditions may include but are not limited to: • The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer 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. • On non - Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. • Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. • 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. The Owner reserves the right to vary the previous stated times. Actual times may vary depending upon location and type of construction. Exact times and /or restrictions will be established during the preconstruction conference, after discussions with the Contractor regarding his proposed schedule. Recognized holidays shall be as follows: First day of January, third Monday of January, third Monday of February, last Monday of May, fourth day of July, first Monday of September, 11th day of November, Fourth Thursday in November and day immediately following, 25th day of December, and any day so designated by the Chief Executive of the State of Washington or by the Owner for their employees, as a legal holiday. When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday will be a legal holiday for the City Employees. 1- 08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP; may not be used on FHWA -funded projects) Where the Contractor elects to work on a Saturday, Sunday, or 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. In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 108 2014 RFB ver. 1 -08 r '' # for the costs in excess of the straight -time 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 to the Contractor. 1 -08.1 Subcontracting - D /M /WBE Reporting (October 10, 2008 APWA GSP; may not be used on FHWA- funded projects) Revise the eighth paragraph to read: On all projects funded with Contracting Agency funds only, the Contractor shall certify to the actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This certification shall be submitted to the Engineer, on the form provided by the Engineer, on October 31 2014 or 20 calendar days after physical completion of the Contract, whichever comes first. 1 -08.3 Progress Schedule Section 1 -08.3 is supplemented with the following: Promptly after award of the contract, the Contractor shall submit to the Engineer for approval a construction schedule consisting of a chart, which sets out operations, methods, equipment, and labor forces that the Contractor intends to use to accomplish the work. The Contractor shall show early and late start dates and early and late finish dates for the items of work required under the contract. Payment to the Contractor on any estimate may be withheld until such schedule has been submitted and approved. The construction schedule shall be based upon calendar days, with a completion date on or before October 31, 2014. The Contractor is restricted to work up to two (2) Schedules at a time unless otherwise approved by the Engineer. The schedule will be submitted to the Engineer two (2) working days prior to the Preconstruction Conference and will be the primary topic for discussion at the Preconstruction Conference. Adequate equipment and forces based on the construction schedule shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out the schedule to completion of the contract by the date specified. Should it become evident at any time during construction that operations will or may fall behind the schedule, the Contractor shall, upon request, promptly submit a revised schedule in the same form as specified herein, setting out operations, methods, and equipment, added labor forces or working shifts, night work, etc., by which time lost will be made up, and confer with the Engineer until an approved modification of the original schedule has been secured. Further, if at any time any portion of the accepted schedule is found to conflict with the contract provisions, it shall, upon request, be revised by the Contractor and the work shall be performed in compliance with the contract provisions. Payments of any further estimates to the Contractor after such request is made and until City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 109 2014 RFB ver. 1 -08 an approved modified schedule has been provided by the Contractor may be withheld. Execution of the work according to the accepted schedule of construction, or approved modifications thereof, is hereby made an obligation of the contract. 1 -08.4 Prosecution of Work Delete this section in its entirety, and replace it with the following: 1 -08.4 Notice to Proceed and Prosecution of Work (June 27, 2011 APWA GSP) Notice to Proceed will be given after the Contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1- 10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. 1 -08.5 Time for Completion (August 14, 2013 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved to work 10 hours a day and 4 days a week (a 4 -10 schedule) and the fifth day of the week City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 110 2014 RFB ver. 1 -08 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. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1- 07.9(5)). b. Material Acceptance Certification Documents c. Quarterly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors f. Property owner releases ger Section 1 -07.24 Supplement with the following: Subject to the time lost due to inclement weather and delay in delivery of materials, should such delay not be the result of the undersigned's actions, the Contractor agrees to commence work within 5 days after Notice to Proceed and to complete all work in this Contract within the specified time period. If requested, the Contractor agrees to furnish the City and the Engineer with full data as to the efforts made to obtain materials. The Contractor agrees to complete the work within the contract time contained in his bid plus any extensions as provided for herein. It is the responsibility of the Contractor to complete the work within completion time. The Owner makes no promise or representation that this can or will be done. Extensions in completion time will be granted for delays beyond the control of the Contractor only, such as strikes or natural disasters, and may be granted for increases in the contract value of the work to be done. Requests for extensions in completion time shall be made in writing to the Engineer and approved through a change order before commencement of such extensions. For sake of common bidding purposes, the number of days allowed to complete the work outlined in these contract documents is eighty (80) working days. However, in no instance shall the work extend beyond October 31, 2014. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 111 2014 RFB ver. 1 -08 1 -08.7 Maintenance During Suspension (October 1, 2005 APWA GSP) 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, 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 -09 MEASUREMENT AND PAYMENT 1 -09.3 Scope of Payment Delete the first paragraph in the APWA supplement and replace it with the following: The Special Provisions may describe work the Standard 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 unit bid prices. If the special provisions require work that has no unit bid price, costs shall be incidental and included within the unit bid prices in the contract. 1 -09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. 1 -09.7 Mobilization Section 1 -09.7 is supplemented with the following: The Contractor shall arrange and provide the construction equipment staging area. This area must be approved by the City of Federal Way, Community Development Department. Sites chosen near residential properties can expect severe restrictions on noise and allowable work hours. Obtaining a site for the Contractor's mobilization, field office(s), storage of materials, and other general operations shall be the responsibility of the Contractor. All costs associated with securing sites shall be included in the bid item "Mobilization" and no other compensation will be made for this item. The Contractor will provide City with copy(s) agreement(s). Payment is made under the following item: "Mobilization" per lump sum. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 112 2014 RFB ver. 1 -08 The lump sum bid price for "Mobilization" shall include, but not be limited to, the following items: the movement of the Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of his office, buildings, and other facilities necessary for work on the project; providing sanitary facilities for the Contractor's personnel; obtaining permits or licenses required to complete the project not furnished by the Owner; and other work and operations which must be performed or costs that must be incurred. 1 -09.9 Payments (March 13, 2012 APWA GSP) Delete the first four paragraphs and replace them with the following: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. 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 conference. 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 payments. 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 — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination. 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), on non FHWA - funded projects; City of Federal Way RFB # 14-101 2014 Asphalt Overlay Project Page 113 2014 RFB ver. 1 -08 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1 -05.1. 1- 09.9(1) Retainage (APWA Only) Section 1- 09.9(1) is supplemented with the following: There will be reserved and retained from monies earned by the Contractor, as determined by the progress estimates, a sum equal to five percent (5 %) of all mounts of such estimates. Withholding, management, and release of such retained monies shall be in accordance with the provisions of RCW 60.28. The retained funds shall at the option of the Contractor be retained by the Owner or placed in escrow in accordance with the provisions of RCW 60.28.010, as amended. 1- 09.9(3) Contracting Agency's Right to Withhold and Disburse Certain Amounts (APWA only) Supplement with the following: In addition to the amount which the Owner may otherwise retain under the Contract, the Owner may withhold a sufficient amount or amounts of any payment or payments otherwise due to the Contractor including nullifying the whole or part of any previous payment which because of subsequently discovered evidence or subsequent inspections, and in its judgment may be necessary to cover the following: (a) The cost of defective work not remedied. (b) Fees incurred for material inspection, and overtime engineering and inspection for which the Contractor is obligated under this contract. (c) Fees and charges of public authorities or municipalities. (d) Liquidated damages and engineering and inspection fees beyond completion date. 1- 09.11(2) Claims Supplement with the following: In the event the Contractor files a notice of claim or has made the Owner aware of his intention to file a claim, the Contractor upon demand by the Owner shall provide immediate access to the Owner or its duly authorized representative for review and examination of all books, documents, papers and other records which are directly pertinent to this Contract and claim. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 114 2014 RFB ver. 1 -08 Access shall be ongoing and shall remain in effect for the duration of the contract or until the claim is settled or withdrawn. The Owner's examination and review shall be at reasonable time and place as designated by the Owner. This provision extends to all subcontractors hired by the Contractor and to any entity that has performed work or supplied materials or services in connection with or related to this Contract. The Contractor shall provide for this clause to be included in its contracts with all subcontractors and suppliers. Provided, however, that the Owner shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's or subcontractor's competitive position. The above shall not be limited to records in existence at the time of the claim but shall also include records generated following the claim or notice of claim. In the event that the Contractor, or Subcontractor, submits notice of a changed condition or claim of delay at the job site, the Contractor and Subcontractor are directed to cease all work on the project until directed otherwise in writing by the Owner. Consistent with the intent and provisions of this section, any claim of changed condition or delay shall be immediately verified by the Owner following its inspection of the job site and books and records. The Owner's authority to verify changed conditions and claimed delay shall extend to the right of the Owner to contact and obtain responsive information from suppliers, vendors, and subcontractors, the right to speak with workers at the site and examine records described above. The refusal, unwillingness or failure of any subcontractor to supply requested information shall be deemed to constitute actual and noncooperation of the Contractor. The Contractor shall at all time, following a claim or notice of claim, cooperate with the Owner in regards to this provision. Failure to comply with the provisions of this section constitutes a breach of a material term and condition in the performance of this Agreement. 1 -09.13 Claim Resolution 1- 09.13(3) Claims $250,000 or Less (October 1, 2005APWA GSP) 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 nonbinding 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 (October 1, 2005APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in the Superior Court of the county in which the Contracting Agency's headquarters are located. The decision of the arbitrator and the specific basis for the decision shall be in writing. The arbitrator shall use the contract as a basis for decisions. 1 -10 TEMPORARY TRAFFIC CONTROL City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 115 RFB # 14-101 2014 Supplement with the following: Traffic control and maintenance for the safety of the traveling public on this project shall be the sole responsibility of the Contractor and all methods and equipment used will be subject to the approval of the Owner. 1 -01.1 General Supplement with the following: The Contractor shall provide traffic control plans to the City of Federal Way for review and approval a minimum of ten (10) working days prior to implementation. These plans shall supplement Construction Staging Plans. The plans as provided by the Contractor shall include and not be limited to the following information: • Minimum lane widths provided for vehicular travel. • Turn pocket length, gap and tapers in conformance with the City of Federal Way Standard Details DWG 3 -19A, and WSDOT Standard Plans. On SW 356th St, S 352nd St and SW 320th St, the Contractor shall maintain at least one lane of traffic in each direction at all times unless otherwise approved by the Engineer. 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. City of Federal Way Project Signs City Of Federal Way Project signs shall be considered Construction Signs Class A. The Contractor shall provide a two (2) project signs per the standard detail within the appendices of these Special Provisions. 1 -10.2 Traffic Control Management 1- 10.2(2) Traffic Control Plans Section 1- 10.2(2) is supplemented with the following: The Contractor shall submit a Signing and Traffic Control Plan (TCP) for each schedule, showing all locations for construction signs, flaggers, and other traffic control devices, lane widths, tapers, and temporary channelization, required for the project. The TCPs shall be submitted to the Engineer for approval, a minimum of seven (7) days prior to beginning any work on the project. The Contractor shall include in the TCP; special plans for traffic control and routing, hours of work, signing and a construction sequencing plan, for the overlay and pavement patching on all arterials. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 116 2014 RFB ver. 1 -08 NO WORK SHALL BE PERMITTED WITHOUT A TCP APPROVED BY THE ENGINEER. The approved TCP shall be on -site at all times and failure to obtain and adequately implement an approved TCP shall be the cause for immediate action by the Engineer. Said action may include but shall not be limited to the following: 1. Suspension of work until the TCP is approved or properly implemented. 2. Implementation by the Owner of approved TCP at the Contractor's expense. 3. The Owner may provide, or have others provide, interim labor, materials and equipment at the Contractor's expense to alleviate traffic hazards of concern. 4. Any combination of the above described remedies, or whatever is deemed necessary by the Engineer to protect the traveling public. All Traffic Control Plans shall conform to the MUTCD and the Standard Plans. Whenever the Contractor intends to do work not explicitly covered by the TCP, the Contractor shall submit a Supplemental Traffic Control Plan to the Engineer for approval at least ten (10) days in advance of the time signs and barricades will be required. Whenever a traffic signal is to be taken out of service, set to flashing red, or construction is such that it interferes with the safe and effective operation of the traffic signal an Off Duty Uniformed Police Officer must be used to control traffic through the intersection. The use of an Off Duty Uniformed Police Officer must be shown on the traffic control plan. 1- 10.2(3) Conformance to Established Standards Section 1- 10.2(3) is supplemented with the following: Traffic control for the project shall conform to the Manual on Uniform Traffic Control Devices ( MUTCD) Part VI, and Section 1 -10 of the Standard Specifications. These publications will be incorporated in all projects by this reference as if set forth herein in full. 1 -10.3 Traffic Control Labor, Procedures and Devices 1- 10.3(1) Traffic Control Labor Section 1- 10.3(1) is supplemented with the following: The hours eligible for 'Traffic Control Labor" will be those hours actually used for the previously described work. Handling of Class B signs is to include the placement of "No- Park" signs, for use in areas where operations require the street to be cleared of vehicles. Any work described under this section performed by a Traffic Control Supervisor will not be paid but will be considered incidental to other -items of work. The City has set the unit contract price for "Off Duty Uniformed Police Officer" at Sixty-six and no /100 Dollars ($66.00) per hour of active traffic control. In the event this amount does not reflect the actual cost to the Contractor for a Uniformed Off -Duty Police Officer, then the Contractor should revise other bid items to include the correction factor. No adjustment to the $66.00 per hour unit price shall be made for overtime hours, holiday hours, or minimum callout charge. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 117 2014 RFB ver. 1 -08 The Contractor shall request uniformed off -duty police officers from the City of Federal Way Public Safety Department, (253) 835 -6701. The request shall be made forty -eight (48) hours before the use of the off -duty police officers on the project site. A minimum of three (3) hours call out time shall be paid each request for off -duty police officers. The City shall pay $66.00 per hour for actual time worked by off -duty police officers, it shall be the Contractors responsibility to arrange work schedule to minimize any additional costs incurred by the minimum three (3) hour callout requirement. The estimated uniformed off -duty police officers hours as stated in the proposal, are the City's estimate, without knowledge of the Contractors specific method of operation and is used only for the purpose of providing a common amount for all bidders. In the event actual hours of officer time differs from the quantity listed in the proposal, no readjustment in the unit contract price for uniformed off -duty police officer will be allowed. 1- 10.3(7) Temporary Pavement Marking New Section All costs in connection with the use of reflective traffic tape as temporary pavement markings shall be incidental to other bid items. All costs for paint lines and reflective pavement markers used for temporary traffic control shall be paid under other bid items. Temporary Pavement Markings Temporary pavement markings shall be installed and maintained by the Contractor whenever permanent pavement markings are included in the Contract and traffic is released onto public streets or roadways prior to installation of permanent pavement markings. The Contractor shall perform preliminary layout work to the satisfaction of the Engineer prior to installation of the temporary pavement markings. The temporary pavement markings shall be installed and maintained to the satisfaction of the Engineer until the permanent pavement markings are installed and approved in writing by the Engineer. After approval of permanent lane markings, the Contractor shall remove the temporary lane markings to the satisfaction of the Engineer. Appropriately colored 4- inch -wide reflective traffic tape shall be installed with a skip pattern based on a 10 -foot unit consisting of a 1 foot line of tape and a 9 -foot gap, unless otherwise specified on the Plans or in the Special Provisions for this Contract. Reflective traffic tape markings shall generally follow the alignment for the permanent pavement markings and double lines shall be used when specified for the permanent pavement markings. Reflective tape shall not be used when the temporary pavement markings are to be exposed to traffic for more than 2 weeks without the written approval of the Engineer. The Contractor shall provide paint lines per Sections 8 -22 and 9 -34, and RPMs per Sections 8 -09 and 9 -21, at the direction of the Engineer for temporary pavement markings for construction staging. Paint lines shall be provided for temporary pavement markings for any conditions not applicable for reflective tape. Paint lines and RPMs for temporary pavement markings shall be paid under "Paint Line" and "Raised Pavement Marker Type 2 ". 1 -10.4 Measurement Supplement with the following: All traffic control items, with the exception of "Traffic Control Labor ", shall be incidental to the contract, and no measurement will be made. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 118 2014 RFB ver. 1 -08 1 -10.5 Payment Section 1 -10.5 is supplement with the following: Payment will be made per Section 1 -10.5 of the Standard Specification for the following bid items: "Flaggers and Spotters ", per hour. "Other Traffic Control Labor ", per hour. "Off Duty Uniformed Police Officer", per hour. "Portable Changeable Message Sign ", per day. The Owner has estimated the cost at Forty-six and no /100 Dollars ($46.00) per hour for accomplishing the work of "Traffic Control labor" and has entered that amount in the bid proposal under the specific item to become part of the total bid by the Contractor. Any cost to the Contractor of providing this work over Forty-six and no /100 Dollars ($46.00) per hour, shall be incidental to other bid items, and no further compensation shall be made. Payment shall be limited to the labor required for flagging and handling signs and traffic control devices which are placed and removed or adjusted daily. It will be the Contractor's responsibility to provide, for the Engineer's concurrence, a detailed summary of time expended on this item at the end of each working day. Pay quantities will be prepared on the basis of these daily summaries. Time which does not appear on these daily summaries will not be honored for payment. All other items of work included in this section and /or which are necessary for traffic control are incidental to the Contract, and no separate payment will be made. This includes but is not limited to: special signs required specifically for the project, costs for cones, barricades, sequential arrow - boards, temporary pavement markings and other construction signing used on the project. Any special signs used will become property of the Owner upon completion of the project and will be delivered to the Owner by the Contractor (refer also to Section 8 -30 of these Special Provision). END OF DIVISION 1 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 119 2014 RFB ver. 1 -08 DIVISION 2 EARTHWORK Wherever specifications are made for "Pavement Repair and Roadway Widening" in the following division, they shall also apply to "Shoulder Reconstruction and Shoulder Widening ". 2 -01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2 -01.1 Description Section 2 -01.1 is supplement with the following: Clearing, grubbing, and roadside cleanup shall be accomplished in conformance with Section 2 -01 of the Standard Specifications, except as hereinafter amended. 2 -01.4 Measurement Section 2 -01.4 is supplement with the following: "Clearing and Grubbing" shall be considered incidental to the various bid items of the contract and as such, will not be measured for separate payment. 2 -01.5 Payment Section 2 -01.5 is supplement with the following: Payment will be made for the following bid items per this section of the Standard Specifications: "Roadside Cleanup" by force account. For the purpose of providing a common proposal for all bidders and for that purpose only, the Owner has estimated the amount of force account for roadside cleanup and has arbitrarily entered that amount in the bid proposal, which shall then become part of the Contractor's total bid. 2 -02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2 -02.3 Construction Requirements Section 2 -02.3 is supplemented with the following: The removal and disposal of facilities indicated shall be conducted in such a manner as not to damage utilities, or any portion of improvements that are to remain in place. Any damage caused by the Contractor and his operations shall be repaired, replaced, or otherwise properly restored to the satisfaction of the Engineer at no cost to the Owner. Disposal shall be in accordance with Section 2 -01 of the Standard Specifications and these Special Provisions. 2- 02.3(3) Removal of Pavement, Sidewalks, Curbs and Gutters Section 2- 02.3(3) is supplemented with the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 120 2014 RFB ver. 1 -08 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS Wherever specifications are made for "Pavement Repair and Roadway Widening" in the following division, they shall also apply to "Shoulder Reconstruction and Shoulder Widening ". 5 -04 HOT MIX ASPHALT Hot Mix Asphalt (HMA) shall be constructed in accordance with Section 5 -04 of the Standard Specifications except as modified hereinafter. 5 -04.1 Description Section 5 -04.1 is supplemented with the following: Asphalt concrete pavement shall be used at the following locations on the project: 1. HMA CL 1/2 ", PG 64 -22: For all asphalt concrete roadway overlay construction per the Typical Roadway section details on the Plans. 2. HMA CL 1/2 ", PG 64 -22 for preleveling: For all asphalt concrete roadway overlay preleveling construction per the Typical Roadway section details on the Plans. 3. HMA CL 1/2 ", PG 64 -22 for pavement repair: For all asphalt concrete roadway reconstruction per the Typical Roadway section details on the Plans. 5 -04.2 Materials Section 5 -04.2 is supplemented with the following: Tack Coat All coatings for tack coat shall be considered as incidental to and included in the unit contract price for all classes of HMA. 5 -04.3 Construction Requirements Section 5 -04.3 is supplemented with the following: HMA Class 1/2" PG 64 -22 shall be placed to the compacted depths shown on the Plans and as leveling and wearing course where shown or noted. HMA over three inches (3 ") in compacted depth shall be placed in two (2) equal lifts. Placement shall be in accordance with applicable Sections of 5 -04 of the Standard Specifications, except that longitudinal joints between successive layers of HMA shall be displaced laterally a minimum of twelve inches (12 "). During placement, the composition of the mix shall be subject to adjustment of the percentage of sand, filler, and asphalt as directed by the Engineer. Feathering Asphalt Concrete Pavement The Contractor shall feather the HMA overlay in a manner to produce a smooth riding connection to the existing pavement. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 129 2014 RFB ver. 1 -08 All costs in connection with providing, placing, and feathering the HMA shall be incidental to and included in the unit contract price for "HMA Class 1/2" PG 64 -22 ". 5- 04.3(3)A Material Transfer Device /Vehicle Delete this section in its entirely. 5- 04.3(5) Conditioning of Existing Surface Section 5- 04.3(5) is supplemented with the following: Prior to paving, the Engineer shall mark all areas requiring a preleveling and review these areas with the Contractor. Compaction of prelevel shall be by pneumatic roller only. All costs in connection with providing and placing prelevel HMA Class 1/2" PG 64 -22 shall be measured by the ton and paid at the unit contract bid price for "HMA Class 1 /2" PG 64 -22 for Preleveling". 5- O4.3(5)A Preparation of Existing Surfaces Section 5- 04.3(5)A is supplemented with eh following: Any removal of material overgrowing the roadway, such as grass or moss, in areas that are not to be repaired, will be paid as force account, under the following bid item per section 2- 01.5 of the Standard Specifications: "Roadside Cleanup" by force account. Removal of other material, such as leaves or debris that is not growing on the surface of the pavement, will be considered incidental to the project. All areas in which growing material was removed from the roadway shall be treated with Soil Residual Herbicide per section 5- 04.3(5)D. 5- O4.3(5)C Crack Sealing Section 5- 04.3(5)C is amended as following: All streets must be crack sealed, and all costs in connection with crack sealing shall be paid under the following bid items per section 2 -01.5 of the Standard Specifications: "Roadside Cleanup" by force account. 5- 04.3(5)D Soil Residual Herbicide Section 5- 04.3(5)D is amended as following: Soil Residual Herbicide shall be placed in all areas as needed, as directed by the Engineer, and all costs for Soil Residual Herbicide shall be incidental and included in the unit contract price for " HMA Class 1/2" PG 64 -22 ". 5- O4.3(5)E Pavement Repair Section 5- 04.3(5)E is supplemented with the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 130 2014 RFB ver. 1 -08 Pavement repair consists of asphalt concrete sawcut, removing asphalt concrete pavement, crushed surfacing and subgrade, and installing Construction Geosynthetic for Separation, placing crushed surfacing top course, and HMA in accordance with the details shown in the Plans or as directed by the Engineer. Pavement repair excavation may also be performed by the use of a milling machine of a type that has operated successfully on work comparable with that to be done under the contract and shall be approved by the Engineer prior to use. If a milling machine is used for excavation, the excavation shall be in accordance with the "Alternative Pavement Patching Detail" shown in the Plans or as directed by the Engineer. In all types of excavation, after the removal of the asphalt, the base material will be evaluated by the inspector, to determine if it is suitable. If the base is determined not to be suitable, removal of the base material, per the typical details shown in the plans, shall be performed, and restoration will be per the typical detail, regardless of the method used for excavation. The dimensions shown on the Plans for pavement repair are approximate and are provided for bidding purposes only. The actual dimensions to be used will be marked by the Engineer at the time of construction. No changes to the unit prices bid for the various items will be permitted due to any increase or decrease in the amount of pavement repair. Contractor shall complete each pavement repair location within one working day if the pavement repair is located within the traveled way. Payment for pavement repair shall be by the unit prices bid for "'Asphalt/Cement Concrete Sawcut", "Roadway Excavation, Incl. Haul ", "Crushed Surfacing Top Course for Pavement Repair and Roadway Widening, Incl. Haul ", and "HMA Class 1 /2" PG 64 -22, for Pavement Repair and Roadway Widening ", specified herein. If a milling machine is used for pavement excavation, payment shall be by the unit bid prices for "Roadway Excavation, Incl. Haul ", based upon a neat line measurement of the excavated area. 5- 04.3(7)A Mix Design 5- 04.3(7)Ai General Section 5- 04.3(7)Al is supplemented. with the following: The Contractor shall provide the City a mix design for all specified classes of mix and binder type that has been approved by WSDOT within the last 12 months. The mix design(s) shall have met all the requirements of Sections 9- 03.8(2) and 9- 03.8(6). The Contractor shall also provide documentation that the aggregates and binder used are the same as those used to meet the requirements for the WSDOT approved mix design. In no case shall the Contractor begin paving before the City has approved the submitted mix design(s). 5- 04.3(8) Mixing 5- 04.3(8)A Acceptance Sampling and Testing — HMA Mixture Delete Section 5- 04.3(8)A in its entirety and replace it with the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 131 2014 RFB ver. 1 -08 1. General: Dense graded mixes (HMA Classes 1 /2" and 1'J shall be evaluated for quality of gradation and asphalt binder content by the Contractor and the test report submitted to the City Project Engineer. 2. Aggregates: Aggregates for HMA shall be manufactured from ledge rock, talus, or gravel in accordance with Section 3 -01. The material from which they are made shall meet the requirements of Section 9- 03.8(2). 5- 04.3(8)6 Basis of Acceptance New Section 1. The Contractor submitted reference mix design shall conform to the following requirements. HMA will be accepted based on its conformance to the project job mix formula (JMF) provided by the Contractor and laboratory density tests. For the acceptance of a project IMF, the Contractor shall submit to the Engineer a laboratory report stating that the representative samples of the various aggregates and blend sand to be used, along with the gradation data, the various aggregate stockpile averages, the proposed combining ratios, and the average gradation of the completed mix have been verified. A. Tolerances — Nonstatistical Acceptance. After the IMF is determined, the constituents of the mixture at the time of acceptance shall conform to the range of the proportion specified in the broad band specifications in for gradation and the design mix asphalt binder content plus or minus 0.5 percent. B. Adjustments: 1. Aggregates. Upon written request from the Contractor, the Project Engineer may approve field adjustments to the IMF including the Contractor's proposed combining ratios for mineral aggregate stockpiles and blend sand. The maximum allowed gradation change shall be 2 percent for the aggregate retained on the No. 10 sieve and above, 1 percent for the aggregate passing the No. 10 and No. 40 sieves, and 0.5 percent for the aggregate passing the No. 200 sieve. Blend sand may be changed a maximum of 5 percent. The above adjustments and /or any further adjustments as ordered by the Engineer will be considered as a new IMF. Adjustments beyond these limits will require development of a new IMF. The adjusted IMF plus or minus the allowed tolerances shall be within the range of the broad band specifications. 2. Asphalt Binder Content. The Project Engineer may order or approve the Contractor's request to change asphalt binder content a maximum of - 0.3 percent from the approved IMF. No field adjustments of the IMF relative to the asphalt binder content exceeding 0.3 percent from the initial IMF will be made without approval of the Engineer. 2. Hot Mix Asphalt Mixture: A. Sampling: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 132 2014 RFB ver. 1 -08 1. A sample will not be obtained from either the first or last 25 tons of mix produced in each production shift. No samples shall be taken for daily quantities under 250 tons in a day. 2. Samples for compliance of gradation and asphalt binder content will be obtained on a random basis from the hauling vehicle. The Contractor shall provide adequate platforms to enable samples to be obtained in accordance with WAQTC FOP for AASHTO T 168. The platforms shall allow the sample to be taken without the Engineer entering the hauling vehicle. B. Test Results. The Contractor will furnish the Engineer with a copy of the results. C. Test Methods. Acceptance testing for compliance of asphalt binder content will be WSDOT FOP for AASHTO Test Method T 308. Acceptance testing for compliance of gradation will be WAQTC FOP for AASHTO T 27 &T11. E. Rejection by Contractor: The Contractor may, prior to sampling, elect to remove any defective material and replace it with new material at no expense to the City. Any such new material will be sampled, tested, and evaluated for acceptance. 5- 04.3(10) Compaction 5- 04.3(10)8 Control Delete Section 5- 04.3(10)6 in its entirety and replace it with the following: For HMA, where paving is in the traffic lanes, including lanes for ramps, truck climbing, weaving, speed changes, and left turn channelization, and the specified compacted course thickness is greater than 0.10 foot, the acceptable level of compaction shall be a minimum of ninety -two percent (92 %) of the maximum density as determined by WSDOT Test Method 705. The level of compaction attained will be determined as the average of not less than five (5) nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at randomly selected locations within each lot. The quantity represented by each lot will be no greater than a single day's production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and replaced with satisfactory material. At the option of the Engineer, noncomplying material may be accepted at a reduced price. Cores may be used as an alternate to the nuclear density gauge tests. When cores are taken by the Engineer at the request of the Contractor, the request shall be made by noon of the first working day following placement of the mix. The Engineer shall be reimbursed for the coring expenses at the rate of Two Hundred and 00 /100 Dollars ($200.00) per core when the core indicates the acceptable level of compaction within a lot has not been achieved. At the start of paving, if requested by the Contractor, a compaction test section shall be constructed as directed by the Engineer to determine the compatibility of the mix design. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 133 2014 RFB ver. 1 -08 Compatibility shall be based on the ability of the mix to attain the specified minimum density (ninety -two percent (92 %) of the maximum density determined by WSDOT Test Method 705). Following determination of compatibility, the Contractor is responsible for the control of the compaction effort. If the Contractor does not request a test section, the mix will be considered compactable. HMA constructed under conditions other than listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. Preleveling mix shall be compacted to the satisfaction of the Engineer. In addition to the randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density readings. These additional tests shall not impact the compaction evaluation of the entire control lot. 5- 04.3(13) Surface Smoothness Replace the first paragraph with the following: The completed surface of all courses shall be of uniform texture, smooth, uniform as to crown and grade, and free from defects of all kinds. The completed surface of the wearing course shall not vary more than 1/8 inch from the lower edge of a 10 -foot straightedge placed on the surface parallel to the centerline. The transverse slope of the completed surface of the wearing course shall vary not more than 1/4 inch in 10 feet from the rate of transverse slope shown in the Plans. 5- 04.3(14) Planing Bituminous Pavement Section 5- 04.3(14) is supplemented with the following: The roadway shall be planed only within the limits shown on the Plans and as directed by the Engineer. The beginning and ending of each lane of planing shall be squared off to form a uniform joint. All "fins" and small sections of old pavement remaining around existing castings shall be removed by hand operations, if necessary, to provide a stable edge for overlay pavement. The Contractor shall provide for safe vehicular travel over existing manholes, valve boxes, etc., during planing operations. Prior to opening to traffic, any delaminating of existing HMA shall be removed from the site and resulting holes shall be patched with HMA Class 1/2" PG 64 -22, and shall be paid under "HMA Class 1/2" PG 64 -22, for Repair and Roadway Widening ". Also, the surface shall be cleaned by sweeping to remove dust and foreign matter. A sweeper shall be present at all times during planing operations. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 134 2014 RFB ver. 1 -08 Planing and paving activities shall be coordinated so that all planed sections of roadway are overlaid within seven (7) working days. HMA Planings The Contractor shall have the option of utilizing up to twenty percent (20 %) asphalt concrete planings in the production of HMA. Planings shall be clean and free of contamination and sized prior to mixing to assure a uniform mix. The Engineer may modify the planing maximum mix size if the planings are not breaking down during mixing and heating. The gradation of the HMA mix shall be the responsibility of the Contractor. When combined with recycled material the HMA shall meet the gradation specification for the specified class. The Contractor shall submit his proposal for proportions of recycled material, including representative samples taken in the presence of the Engineer, to be used. The Contractor shall allow 14 days after delivery to the City Materials Laboratory for approval of the mix. Additional time may be required if proportions do not make an adequate design or if more than one source of material is being approved. Production of HMA will not commence until a job mix design has been approved. Butt 3oints Butt joints shall be planed to the dimensions shown in the Plans. Measurement shall be by the square yard for Planing of Bituminous Pavement as specified in Section 5 -04.4 of the Standard Specifications. Damage Damage from planing beyond the planing limits or from the Contractor's operations shall be repaired at the Contractor's expense. 5- 04.3(17) Paving Under Traffic Section 5- 04.3(17) is supplemented with the following: The Contractor shall install, maintain, and remove approved four inch (4 ") wide reflective traffic tape, and /or temporary reflective lane markers, when paint lines or other pavement markings are obliterated due to construction activities or pavement restoration, whenever permanent pavement markings are included in the Contract and traffic is released onto public streets or roadways prior to installation of permanent pavement markings, or as directed by the Engineer. The Contractor shall perform preliminary layout work to the satisfaction of the Engineer prior to installation of the temporary pavement markings. The temporary pavement markings shall be installed and maintained to the satisfaction of the Engineer until the permanent pavement markings are installed and approved in writing by the Engineer. After approval of permanent lane markings, the Contractor shall remove the temporary lane markings to the satisfaction of the Engineer. All permanent pavement markings must be placed no later than seven (7) calendar days after the final lift of paving is completed, City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 135 2014 RFB ver. 1 -08 except 90 -mil methyl methacrylate materials, which must be placed no later than twenty - one (21) calendar days after the final lift of paving is completed. Appropriately colored 4 -inch wide reflective traffic tape shall be installed with a skip pattern based on a 10 -foot unit consisting of a 1 -foot line of tape and a nine foot (9') gap, unless otherwise specified on the Plans or in the Special Provisions. Reflective traffic tape markings shall generally follow the alignment for the permanent pavement markings and double lines shall be used when specified for the permanent pavement markings. Reflective tape shall not be used when the temporary pavement markings are to be exposed to traffic for more than two weeks without the written approval of the Engineer. All costs in connection with temporary tape shall be incidental to and included in the unit contract price for "HMA Class 1/2" PG 64 -22 ". 5- 04.3(20) Anti - Stripping Additive Section 5- 04.3(20) is supplemented with the following: When an approved anti - striping additive is added to a class of asphalt concrete pavement as a result of a proper mix design, it shall be approved by the City. Once designated for use on a specific project, the brand, grade, or percentage of anti - stripping additive shall not be changed without approval of the Engineer. All anti -strip additive shall be considered as incidental to and included in the unit contract price for all classes of HMA. 5- 04.3(22) Paving Fabric New Section Paving fabric shall be placed before placement of asphalt concrete overlay and only after the entire area has been crack sealed and preleveled. Materials Asphalt Cement: CSS -1 per Section 9 -02 Bituminous Materials of the Standard Specifications. Fabric: Nonwoven polypropylene material. Weight Tensile Strength, either direction Elongation Asphalt Retention Melting Point Surface Texture 3 to 5 ozs. /SY 90 lbs. minimum 50% minimum 0.2 gal. /SY minimum 300 Heat-Set on One Side Equipment Requirements All equipment, tools, and machines shall be subject to approval of the Engineer. Surface cleaning equipment shall be capable of removing oil, grease, and other objectionable materials from the pavement surface. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 136 2014 RFB ver. 1 -08 Application equipment shall consist of brooms and distributor. The distributor shall have a capacity of not less than 1,000 gallons. Asphalt shall be uniformly applied at the specified rate. The distributor shall be equipped with a ten foot (10') spray bar and extensions, pressure pump and gauge, volume gauge located to be easily read by the inspector from the ground, a tachometer to control accurately the speed and spread of asphalt and two thermometers -one to be permanently installed indication continuous asphalt temperatures. Power for the pressure pump shall be supplied by an independent power unit developing a minimum of 25 psi pressure at the spray bar. Surface Preparation The pavement surface shall be dry and free of all foreign materials such as dirt, vegetation, grease, oil, etc. Cracks shall be filled per Section 5- 04.3(5)C Crack Sealing of the Standard Specifications Holes shall be repaired per section 5- 04.3(5)E "Pavement Repair". Where HMA depths are 2 inches or less, soil residual herbicide shall be applied to the subgrade per Section 5- 04.3(5)D Soil Residual Herbicide of the Standard Specifications. Payment for Soil Residual Herbicide shall be incidental to and be included in the unit price for "Paving Fabric ". Asphalt Application The asphalt, with minimum temperature of 290 degrees F, shall be sprayed uniformly at the rate of 0.25 to 0.30 gallons per square yard over the area to be fabric covered. The Contractor shall shield preceding applications to avoid laps and ridges at separate applications of asphalt. Applications of asphalt in inaccessible areas may be provided by a suitable hand sprayer. Fabric Application The Contractor shall not begin fabric application until the Engineer has determined that the site is properly prepared and all materials, equipment, and labor are ready. Since fabric cannot be moved once placed, the initial alignment is very important. If alignment is to be changed, the fabric shall be cut and realigned with an overlapping joint a minimum of six inches (6 ") in the direction of traffic. For transverse lapped joints the top fabric shall be folded back six inches (6 ") to allow application of 0.005 gallons per square yard of asphalt. The joint shall be broomed and squeegeed to form a smooth lap. The fabric shall be broomed into the asphalt eliminating all air bubbles. Weather Limitations Work shall only be done during dry conditions above 60 degrees F or in accordance with the manufacturer's recommendations or requirements. Membrane Curing The entire surface of the fabric shall be pneumatically rolled until the fabric is well embedded into the asphalt. HMA Overlay The HMA overlay shall immediately follow the fabric installation. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 137 2014 RFB ver. 1 -08 The fabric manufacture's recommendations and requirements regarding asphalt temperature, protection of fabric, rolling temperature and technique, etc. shall be followed. The Contractor shall not place more fabric than can be overlaid on the same day. No fabric except that which is required for normal lapped joints shall be exposed to traffic. In the event the traffic must drive on the fabric, the fabric shall be dusted with sand to prevent tire pickup of asphalt. Before resuming asphalt overlay, the sand shall be swept clean from the fabric. 5 -04.5 Payment Payment will be made per the Standard Specifications for each of the following bid items that are included in the proposal: "HMA Class 1 /2" PG 64 -22 ", per ton. "HMA Class' /2" PG 64 -22, for Pavement Repair and Roadway Widening ", per ton. "HMA Class 1/2" PG 64 -22 for Preleveling ", per ton. "Planing Bituminous Pavement per square yard. "Paving Fabric ", per square yard. The contract bid prices above, including all incidental work shall be full compensation for all prime coat, tack coat, labor, materials, tools and equipment necessary to satisfactorily complete the work as defined in the Standard Specifications and the Special Provisions. 5- 04.5(1) Quality Assurance Price Adjustments Delete Section 5- 04.5(1) in its entirety. 5- 04.5(1)A Price Adjustment for Quality of HMA Mixture Delete Section 5- 04.5(1)A in its entirety. 5- 04.5(1)B Price Adjustment for Quality of HMA Compaction Delete Section 5- 04.5(1)6 in its entirety. END OF DMSION 5 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 138 2014 RFB ver. 1 -08 2014 Asphalt Overlay Project RFB 14 -101 Addendum No. 2 February 12, 2014 ATTENTION: All Bidders and Planholders You are hereby notified that in Addendum No. 2, the Bid and Contract Documents and Specifications for 2014 Asphalt Overlay Project is amended as follows: SPECIAL PROVISIONS (APPENDIX A) Replace Special Provisions pages 155 -159 with the attached revised Special Provisions to clarify the installation of Methyl Methacrylate Pavement Markings. Delete the first paragraph of Section 8- 22.3(3)E Installation The bid opening date has changed to Thursday February 13, 2014 at 10:40 a.m. All bidders are required to acknowledge receipt of this addendum on page 24 of the Bid Form. Failure to do so may cause rejection of the bid. CITY OF FEDERAL WAY Jeff Huynh Street Systems Engineer JH: k:\streets \projects\2014 Asphalt Overlay Project\RFB\addenduml.doc 8 -22.3 Construction Requirements 8- 22.3(3)E Installation Section 8- 22.3(3)E is supplemented with the following: (February 11, 2014 * * * * * *) Profiled methyl methacrylate lines shall be installed per WSDOT Standard Plan M20.20 -01. 8- 22.3(3)G Glass Beads Section 8- 22.3(3)G is supplemented with the following: (March 13, 2012 * * * * * *) Methyl Methacrylate Pavement Markings Glass beads shall be applied at a rate of eight (8) to ten (10) pounds per one hundred square feet. Bonded core elements shall be applied at a rate of ten (10) grams per four (4) inch wide by one (1) linear foot of marking. 8- 22.3(6) Removal of Pavement Markings Section 8- 22.3(6) is supplemented with the following: ( * * * * * *) All pavement markings, including, but not limited to: paint, lane markers, traffic buttons, plastic markings, and adhesive residue shall be removed prior to overlay. This work shall be incidental to other bid items of the contract, and no separate payment will be made. 8 -22.5 Payment Section 8 -22.5 is deleted and replaced with the following: (December 13, 2012 * * * * * *) Payment will be made in accordance with Section 1 -04.1 for each of the following Bid Items: "Paint Line ", per linear foot. "Profiled Plastic Line ", per linear foot. "Profiled Plastic Wide Line ", per linear foot. "Profiled Plastic Dotted Wide Line ", per liner foot. "Plastic Crosswalk Line" per linear foot. "Plastic Stop Line per linear foot. "Plastic Traffic Arrow ", per each. "Plastic Letter ", per each. "Plastic Yield Ahead Symbol ", per each. "Plastic Bike Lane Symbol per each. The lump sum bid price in the Proposal will be full compensation for the costs of all labor, tools, equipment, and materials necessary or incidental to removing all types of markings and disposing of offsite. 8 -23 TEMPORARY PAVEMENT MARKINGS Section 8 -23 is supplemented with the following: Temporary pavement marking shall be per Section 5- 04.3(17) of these Special Provisions. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 155 2014 RFB ver. 1 -08 The cost for relocation of the PCMS within each project limit will be paid in accordance with 1- 10.3(1). 8 -32 ASPHALT CONCRETE SPEED HUMP 8 -32.1 Description New Section The work shall consist of constructing asphalt concrete speed humps with associated pavement striping per City of Federal Way Detail DWG No. 3 -26. 8 -32.2 Materials Asphalt concrete for speed humps shall be HMA Class 1/2" PG 64 -22 meeting the requirements of Section 5 -04 of the Standard Specifications. Pavement marking materials shall be white plastic meeting the requirements of Section 8 -22.2 of the Standard Specifications. Raised pavement markers should be Type 2 YY and Type 2W meeting the requirements of Section 8 -09.2 of the Standard Specifications. 8 -32.3 Construction Requirements The various materials shall be installed as noted on the plan detail. 8 -32.4 Measurement Measurement will be per each where a speed hump and associated pavement markings are installed. 8 -32.5 Payment "Speed Hump, Complete ", per each. The unit bid price per each proposal will be full compensation for the cost of all tools, labor, equipment, and materials necessary or incidental to provide and install the asphalt concrete speed hump and pavement markings. 8 -33 ASPHALT CONCRETE RAISED CROSSWALK New Section 8 -33.1 Description The work shall consist of constructing asphalt concrete raised crosswalk with associated pavement striping per City of Federal Way Detail DWG No. 3 -27. 8 -33.2 Materials Asphalt concrete for raised crosswalk shall be HMA Class 1 /2" PG 64 -22 meeting the requirements of Section 5 -04 of the Standard Specifications. Pavement marking materials shall be white plastic meeting the requirements of Section 8 -22.2 of the Standard Specifications. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 158 2014 RFB ver. 1 -08 I , Raised pavement markers should be Type 2 YY and Type 2W meeting the requirements of Section 8 -09.2 of the Standard Specifications. 8 -33.3 Construction Requirements The various materials shall be installed as noted on the plan detail. 8 -33.4 Measurement Measurement will be per each where a raised crosswalk and associated pavement markings are installed. 8 -33.5 Payment "Raised Crosswalk, Complete ", per each. The unit bid price per each proposal will be full compensation for the cost of all tools, labor, equipment, and materials necessary or incidental to provide and install the asphalt concrete raised crosswalk and pavement markings. END OF DIVISION 8 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 159 2014 RFB ver. 1 -08 , BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR 2014 ASPHALT OVERLAY PROJECT RFB # 14 -101 Bids Accepted Until 10:00 a.m., February 12, 2014 Bids Opened 10:10 a.m., February 12, 2014 AT: City of Federal Way City Hall Hylebos Conference Room 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: PUBLIC WORKS DEPARTMENT CITY OF FEDERAL WAY, WASHINGTON City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 2 2014 RFB ver. 1 -08 TABLE OF CONTENTS PAGE PUBLIC NOTICE -- REQUEST FOR BIDS ......................................... ..............................4 BIDDER'S CHECKLIST ................................................................... ..............................7 SECTION 1: INSTRUCTIONS TO BIDDERS ..................................... ..............................9 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS ............................ 16 NO BID RESPONSE FORM (Attachment A) ................................ ............................... 22 BIDFORM (Attachment B) ........................................................ ............................... 23 BIDSCHEDULE (Attachment C) ................................................. ............................... 25 BID SIGNATURE PAGE (Attachment D) ..................................... ............................... 32 BIDBOND FORM (Attachment E) .............................................. ............................... 33 SUBCONTRACTOR LIST (Attachment F) .................................... ............................... 34 COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G) ...................... 35 CONTRACTOR'S COMPLIANCE STATEMENT (Attachment H) ..... ............................... 37 PUBLIC WORKS CONTRACT (Attachment I) .............................. ............................... 38 (with Exhibits A -H and Appendixes as attached) Exhibit A Notice of Completion Exhibit B Contract Change Order Agreement Exhibit C Contractor's Retainage Agreement Exhibit D Retainage Bond to the City of Federal Way Exhibit E Notice to Labor Unions of Other Employment Organizations Nondiscrimination in Employment Exhibit F Certificate(s) of Insurance Exhibit G Performance /Payment Bond Exhibit H Title VI Assurances SPECIAL PROVISIONS ..................... ............................... ........................... BLUE PAGES STANDARD PLANS AND DETAILS ............................ ............................... WHITE PAGES PREVAILING WAGES AND BENEFIT CODE KEY ........... .........................YELLOW PAGES City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 3 2014 RFB ver. 1 -08 CITY OF FEDERAL WAY REQUEST FOR BIDS 2014 ASPHALT OVERLAY PROJECT RFB # 14 -101 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through February 12, 2014, until 10:00 a.m., at the City Hall Purchasing Office or by US Mail at City of Federal Way, Purchasing Office, 33325 8th Avenue South, Federal Way, Washington 98003. Proposals received after 10:00 a.m. on said date will not be considered. BID OPENING: All bids will be opened and read publicly aloud at 10:10 a.m. on Wednesday, February 12, 2014, at City Hall Hylebos Conference Room, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5 %) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: This project shall consist of: The project shall consist of finishing all materials, equipment, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), for the construction, sequencing and traffic control plan for overlaying existing asphalt concrete pavement in up to seven (7) different locations within the ' City of Federal Way. The work shall include but not be limited to: Hot Mix Asphalt pavement overlay (10,000 tons), roadway excavation, pavement repair, planing bituminous pavement, paving fabric, removal and replacement of curb & gutter, sidewalk, concrete approach, curb ramps, type C ' curb, extruded curb, pedestrian refuge islands, traffic signal detection loops, channelization, restoration, utility adjustments work and all items necessary to complete the work as described in the Contract documents. The Contractor shall complete all work within 80 working days. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract ' documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835 -2526. Any questions concerning the description of the work contained in the contract documents must be directed to Jeff Huynh, Street ' Systems Engineer, by facsimile at (253) 835 -2721, or by letter addressed to Jeff Huynh, Street Systems Engineer prior to bid opening date. 1 PURCHASE OF BID DOCUMENTS: Bidders may purchase copies of the Bidding Documents (half -size plans) in person, or by mailing a Twenty -Five and no /100 Dollars ($25.00) (non - refundable) check or cashiers' check payable to the City of Federal Way, 33325 8th Avenue South, Federal Way, WA 98003 -6325, phone (253) 835 - City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 4 2014 RFB ver. 1 -08 2526. If purchasing by mail, please indicate your request for Bidding Documents for RFB #14 -101, ' 2014 Asphalt Overlay Project Informational copies of maps, plans, and specifications are available for review at the Public Works Department, Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. Bidding Documents are also available for review at the following Plan Centers: Daily Journal of Commerce, Attn: Plancenter.com, 83 Columbia St, Suite 200, Seattle, WA 98104 Daily Journal of Commerce Project Center, 921 SW Washington St, Suite 210, Portland, OR 97205 McGraw Hill, 3461 NW Yeon Avenue, Portland OR 97210 Cora Inc. — Plan Center, 10002 Aurora Avenue North, #36, PMB 334, Seattle, WA 98133 Reed Construction Data, 30 Technology Parkway South, Suite 100, Norcross, GA 30092 Builders Exchange of Washington, 2607 Wetmore Avenue, Everett, WA 98201 Contractor Plan Center, 14625 SE 82nd Drive, Clackamas, OR 97015 Contractor's Resource Center, 2301 So Jackson Street, Suite 101B, Seattle, WA 98144 iSgFt Planroom, c/o Cascade A &E 235 9th Ave North, Seattle, WA 98109 — oregon- washington@isgft.com The City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d -4 and Title 49 C.F.R., Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. The City encourages minority and women -owned firms to submit bids consistent with the City's policy to insure that such firms are afforded the maximum practicable opportunity to compete for and obtain public contracts. The Contractor will be required to comply with all local, State, and Federal laws and regulations pertaining to equal employment opportunities. The City anticipates awarding this project to the successful bidder and intends to give Notice to Proceed as soon as the Contract and all required associated documents are executed in full. However, regardless of the date of award, or Notice to Proceed, the Contractor must complete all work under this project by October 31, 2014. RESERVATION OF RIGHTS: The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 5 2014 RFB ver. 1 -08 Dated the day of , 20_. Dates of Publication: Daily Journal of Commerce: January 10, 2014 January 17, 2014 Federal Way Mirror: January 10, 2014 January 17, 2014 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 6 2014 RFB ver. 1 -08 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. ❑ Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Schedule (Attachment C) The unit prices shall be set forth in the space provided. ❑ Bid Signature Page (Attachment D) The Bid Signature Page shall be filled in and fully executed by the bidder. ❑ Bid Bond Form (Attachment E) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5 %) of the total bid amount and shall be shown in both words and figures. ❑ Subcontractor List (Attachment F) The Subcontractor List shall be filled in by the bidder. (This section may /may not apply) ❑ Combined Affidavit and Certification Form (Attachment G) This form must be subscribed to and sworn before a Notary Public and notarized. ❑ Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. ❑ Contractor's Certificate of Registration The bidder shall provide a copy of Contractor's current registration with the State of Washington. ❑ Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. ' City of Federal Way 2014 Asphalt Overlay Project ' RFB ver. 1 -08 Page 7 RFB # 14 -101 2014 SUCCESSFUL BIDDER'S CHECKLIST ' The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ❑ Public Works Contract (Attachment I) ' The successful bidder will fully execute and deliver to the City the 2014 Asphalt Overlay Project Public Works Contract ( "Contract') from these Bid Documents. ❑ Contractor's Retainage Agreement or Retainage Bond (Exhibit C or D) The successful bidder will fully execute and deliver to the City the Contractor's Retainage Agreement or Retainage Bond. ❑ Notice to Labor Unions or Other Employment Organizations Nondiscrimination in ' Employment (Exhibit E) If this applies, the successful bidder will sign and post copies of this Notice in conspicuous places available to employees or applicant for employment. ❑ Certificate of Insurance (Exhibit F) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Performance/ Payment Bond (Exhibit G) The successful bidder will provide a fully executed Performance /Payment Bond as appropriate. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 8 2014 RFB ver. 1 -08 SECTION 1: INSTRUCTIONS TO BIDDERS ' 1 -1 Time and Place for Submission and Opening of Bids ' Sealed bids must be submitted by 10:00 a.m. local time on February 12, 2014, to the Purchasing Office of the City of Federal Way (the "City'), located on the second floor of City Hall, or received by US Mail at City of Federal Way, Purchasing Office, 33325 Eighth Avenue ' S, Federal Way, Washington, 98003 -6325, and will be publicly opened and read aloud in City Hall Hylebos Conference Room on February 12, 2014, at 10:10 a.m. local time. ' The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. 1 -2 Bid Form Bids shall be made on the "Bid Form ", Attachment "B" issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1 -3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself /herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1 -4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. 1 -5 Modification of Bid A modification of a bid already received will be considered only if the modification is received prior to the time announced for bid opening. All modifications shall be made in writing, executed and submitted in the same form and manner as the original bid. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 9 2014 RFB ver. 1 -08 1 -6 Examination of Bid and Contract Documents — Bidder Responsibilities The submission of a bid shall constitute an acknowledgment upon which the City may rely that the bidder has thoroughly examined and is familiar with the bid and contract documents and has reviewed and inspected all applicable federal, state and local statutes, regulations, ordinances and resolutions dealing with or related to the equipment and /or services to be provided herein. The failure or neglect of a bidder to examine such documents, statutes, regulations, ordinances or resolutions shall in no way relieve the bidder from any obligations with respect to the bidder's bid or the contract documents. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any contract documents, statutes, regulations, ordinances or resolutions. Bidders shall visit delivery and service locations(s) as required. Bidders shall become familiar with and verify any environmental factors, which may impact current or future prices for this requirement. 1 -7 Interpretation of Bid and Contract Documents No oral interpretations will be made to any bidder as to the meaning of the bid or contract documents and no oral communications will be binding upon the City. Requests for an interpretation shall be made by facsimile, or by mail and delivered to the Purchasing Coordinator of the City at the address indicated in Section 1 -1, at least ten (10) days before the date announced for opening the bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1 -8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1 -9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and /or the total price, the unit price will govern and the extended amount and /or total price will be corrected accordingly. However, downward correction of a bid, which would displace the apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. 1 -10 Postponement of Bid Opening The City reserves the right to postpone the date and time for the opening of bids by announcing such postponement at any time prior to the date and time announced in these documents. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 10 2014 RFB ver. 1 -08 1 -11 Rejection of Bids A. The City reserves the right to reject any bid for any reason including, but not limited to, the following: any bid which is incomplete, obscure, irregular or lacking necessary detail and specificity; any bid which omits a price on any one or more items on the Bid Form and Bid Schedule; any bid in which prices are unbalanced in the opinion of the City; any bid accompanied by insufficient or irregular bid bond; any bid from bidders who (in the sole judgment of the City) lack the qualifications and /or responsibility necessary to perform the work after considering the elements in Section 1 -14.B; any bid for which a bidder fails or neglects to complete and submit any qualifications information within the time specified by the City and as may be otherwise required herein; and, any bid submitted by a bidder who is not registered or licensed as may be required by the laws of the State of Washington. B. The city further reserves the right to reject any portion of any bid and /or to reject all bids. In consideration for the City's review and evaluation of its bid, the bidder waives and releases any claims against the City arising from any rejection of any or all bids. 1 -12 Alterations to Documents Prohibited Any addition, limitation or provision attached to the bid may render it informal or nonresponsive and cause its rejection. Alteration by erasure or interlineations must be explained or noted in the bid form over the signature of the bidder. No oral, telegraphic or telephonic bids or modifications will be considered. 1 -13 Disqualification of Bidder If, in the opinion of the City, there is reason to believe that collusion exists among bidders, ' none of the bids of the participants in such collusion will be considered. All bidders are required to submit the Affidavit of Non - Collusion (Attachment G) with their bids. ' 1 -14 Evaluation of Bids It is the intent of City to award a contract to the lowest responsive bid by a responsible ' bidder as evaluated by the City. The bidder may be required by the City to submit documentation demonstrating compliance with the criteria. ' A. Responsiveness — The bidder must complete all required forms and bid documents and provide all required and requested information. Refusal to provide such information may cause the bid to be rejected. The City will consider all the material submitted by ' the bidder to determine whether the bid is in compliance with the bid terms and documents and responsive to the requested work. ' B. Responsibility — The City will consider all the material submitted by the bidder, and other evidence it may obtain including information from previous project owners, to determine whether the bidder is responsible. The bidder must meet the following bidder responsibility criteria and supplemental bidder responsibility criteria to be considered a responsible bidder: 1. Mandatory Bidder Responsibility Criteria City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 11 2014 RFB ver. 1 -08 a. Have a current certificate of registration as a contractor in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; b. Have a current Washington Unified Business Identifier (UBI) number; C. If applicable: i. Have Industrial Insurance (workers' compensation) coverage for the bidder's employees working in Washington, as required in Title 51 RCW; ii. Have a Washington Employment Security Department number, as required in Title 50 RCW; iii. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW; d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 2. Supplemental Bidder Responsibility Criteria a. The bidder shall not have a record of excessive claims filed against the retainage, payment, or performance bonds for public works projects during the previous three years, that demonstrate a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the City. b. The bidder shall have a reasonable history of successfully completed projects of a similar size and scope as required by the contract documents for this project. The City will evaluate whether the projects were 'successfully completed" and of a "similar size and scope." C. The bidder shall have evidence that it is able to begin and complete the work, and complete it in a timely fashion. d. 3. As evidence that the bidder meets the. supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information regarding performance in the following areas; quality control; safety record; timeliness of performance; use of skilled personnel; management of subcontractors; availability of and use of appropriate equipment; compliance City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 12 2014 RFB ver. 1 -08 with contract documents; management of submittals process, change orders, ' and close -out. C. The bidder shall furnish acceptable evidence of the bidder's current ability to perform, such as firm commitments by subcontractors, equipment, supplies and facilities, and the bidder's ability to obtain the necessary personnel. d. 4. If the City determines the bidder does not meet the bidder responsibility criteria in paragraph (B)(2) above and is therefore not a responsible bidder, the City shall notify the bidder in writing with the reasons for its determination. If the bidder disagrees with this determination, it may appeal the determination within 24 hours of receipt of the City's determination by presenting additional information to the City and meeting the requirements of section 1- 20(B). The City will consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the City will not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination. C. Lowest Bid — The lowest bid shall be determined as set forth on the Bid Form. The acceptance of a bid will be evidenced by a Notice of Award. No other act of the City shall constitute acceptance of a bid. Within ten (10) days after receipt of Notice of Award, the bidder whose bid is accepted, shall furnish the required performance bond, certificate of insurance, execute the contract and perform all other acts required by the bid and contract documents as conditions precedent to formation of the contract. 1 -15 Procedures When Only One Bid is Received In the event only a single responsive bid is received, the City reserves the right to conduct a price and /or cost analysis of such bid. The sole bidder shall provide such information, data and other documentation as deemed necessary by the City for such analysis. The City reserves the right to reject such bid. 1 -16 Bid Documents Bidders are required to submit with the bid package the following: A. AttachmentA — No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Bid Schedule. D. Attachment D— Bid Signature Page. E. Attachment E— Bid Bond Form. F. Attachment F— Subcontractor List. (May Not Apply) G. Attachment G— Combined Affidavit and Certification Form. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 13 2014 RFB ver. 1 -08 H. Attachment H— Contractor's Compliance Statement. 1 -17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and /or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1 -18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5 %) of the Total Bid Price as indicated on Attachment B, "Bid Form ", or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and /or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond ". If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond ". Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. The City further reserves the right to hold all bids (and the accompanying bid security) from the date of the bid opening until the contract and any performance /payment bond are City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 14 2014 RFB ver. 1 -08 executed, provided that such period does not exceed ninety (90) days, and each bid shall remain effective during that period. 1 -19 Performance/ Payment Bond The bidder to whom the City has awarded this Contract will remove the Performance /Payment Bond (Exhibit G) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100 %) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the Sate of .Washington, published by the Office of the Insurance Commissioner. The scope of the Performance /Payment Bond (Exhibit G) shall in no way affect or alter the liabilities of the Contractor to the City under Section 8 "Indemnification" of the Public Works Contract. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1 -20 Bid Dispute A. Any actual or prospective bidder, including sub - contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way Federal Way, Washington 98003 -6325 Attention: Bid Protest -- 2014 Asphalt Overlay Project RFB # 14 -101 ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 15 2014 RFB ver. 1 -08 C. Upon receipt of a written protest, the City will promptly consider the protest. The City may give notice of the protest and its basis to other persons, including bidders involved in or affected by the protest; such other persons may be given an opportunity to submit their views and relevant information. If the protest is not resolved by mutual agreement of the aggrieved person and the City, the City will promptly issue a decision in writing stating the reasons for the action taken and informing the aggrieved person of his or her right to appeal the decision to the Mayor or his or her designee. A copy of the decision shall be mailed (by certified mail, return receipt requested) or otherwise promptly furnished to the aggrieved person and any other interested parties who requested a copy of the decision. The decision will be considered final and conclusive unless appealed within five (5) calendar days after receipt of the decision to the Mayor or his or her designee. If the decision is appealed, then the subsequent determination of the Mayor or his or her designee shall issue within five (5) days of the Mayor's receipt of the appeal and shall be final and conclusive. D. Failure to comply with these protest procedures will render a protest untimely or inadequate and shall result in rejection thereof by the City. SECTION 2• GENERAL CONTRACTUAL TERMS AND CONDITIONS 2 -1 Administration This contract will be between the City and the Contractor who will be responsible for delivering all equipment and performing all work and services described herein. The City is not party to defining the division of work between the Contractor and the Contractor's subcontractors, if any, and the specifications have not been written with this intent. The Contractor represents that it has or will obtain all personnel and equipment required to perform the services hereunder. Such personnel shall not be employees of the City. The Contractor's performance under this contract will be monitored and reviewed by Jeff Huynh, Street Systems Engineer. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Jeff Huynh, Street Systems Engineer, for response. ' 2 -2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the ' requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. ' 2 -3 Contract Documents and Precedence J The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: The City's Request for Bid, Bid Form, Bid Signature Page, Instructions to Bidders, Bid Bond, 2014 Asphalt Overlay Project Contract, General Contractual Terms and Conditions, Contractor's Compliance Statement, Combined Affidavit and Certification Form, Technical Specifications, Addenda and Change Orders, and the 2014 Asphalt Overlay Project Special Provisions. The contract documents are intended to be complementary so that what is required by any one of them City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 16 RFB # 14 -101 2014 shall be as binding as if called for by all of them. In the event of any conflicting provisions ' or requirements within the several parts of the contract documents, the City will issue an interpretation regarding the controlling provision, which interpretation shall be binding. 2 -4 Charges to Contractor Charges which are the obligation of the Contractor under the terms of the contract shall be ' paid by the Contractor to the City on demand and may be deducted by the City from any money due or to become due to the Contractor under the contract and may be recovered by the City from the Contractor or its surety. ' 2 -5 Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. 2 -6 Work and Materials Omitted The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2 -7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 17 2014 RFB ver. 1 -08 2 -8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. 2 -9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2 -10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2 -11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. 2 -12 Applicable Law and Forum Except as hereinafter specifically provided, this contract shall be governed by and construed ' according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2 -13 Hazardous Chemical Communication ' In order to comply with WAC 296 -62 -054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany ' the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: ' A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 18 2014 tRFB ver. 1 -08 B. If the product is actually used diluted, the dilution rate should be so stated in the ' MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. 2 -14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the ' difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Section 1.3 of Attachment I, Public Works Contract, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2 -15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the t Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2 -16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be ' owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data'J, shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2 -17 Patents and Royalties City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 19 2014 RFB ver. 1 -08 The costs involved in license fees, royalties or in defending claims for any patented ' invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and ' hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the ' Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. ' Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu ' thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2 -18 Disputes, Claims and Appeals Questions or claims regarding meaning and intent of the contract or arising from this ' contract, shall be referred by the Contractor in writing to the Purchasing Coordinator for decision within five (5) days of the date in which the Contractor knows or should know of the question or claim. The Purchasing Coordinator will ordinarily respond to the Contractor ' in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the tenth (10th) day following receipt by the Purchasing Coordinator. ' In the event the Contractor disagrees with any determination or decision of the Purchasing Coordinator, the Contractor shall, within fifteen (15) days of the date of such determination or decision, appeal the determination or decision in writing to the Mayor. Such written ' notice or appeal shall include all documents and other information necessary to substantiate the appeal. The Mayor will review the appeal and transmit a decision in writing to the Contractor within thirty (30) days from the date of receipt of the appeal. Failure of the ' Contractor to appeal the decision or determination of the Purchasing Coordinator within said 15 -day period will constitute a waiver of the Contractor's right to thereafter assert any claim resulting from such determination or decision. Appeal to the Mayor shall be a condition ' precedent to litigation hereunder. All claims, counterclaims, disputes and other matters in question between the City and the ' Contractor that are not resolved between the Purchasing Coordinator and the Contractor will be decided in the Superior Court of King County, Washington, which shall have exclusive jurisdiction and venue over all matters in question between the City and the Contractor. ' This contract shall be interpreted and construed in accordance with the laws of the State of Washington. Pending final decision of the dispute hereunder, the Contractor shall proceed diligently with the performance of the contract and in accordance with the direction of the Purchasing Coordinator. Failure to comply precisely with the time deadlines under the paragraph as to ' any claim, shall operate as a release of that claim and a presumption of prejudice to the City. ' 2 -19 Recycled Products City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 20 2014 ' RFB ver. 1 -08 ' The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post - consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi- component or multi - material products shall verify the percentage and type of post- consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor ,agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 21 2014 RFB ver. 1 -08 (dba of CPM Development Corporation) RESPONSE NO BID . When submitting / • mail this completed form to FWeral fty Purchasing. return AMue SOUth. Federal Way, ;� naton 9WO3-6325. Be sure the form Is In a sealed envelope with the bid number and bid tide indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as IrKkated In Section 1-1. Faky-e tts • !Lt If M submitting a formal bid. Mg firm ly g removed Ltt.il the QW-s master Wdcti malling t OW Ntnnber. RFB Nos 14"101 IBM Title: 2014 ASPHALT OVERLAY PRWECT o Cannot comply wth kations. .� to •. 11;= �t •i ii,: I: r: 71- 1i,>:1, O Do not regularly manufacture or seN the type of commodity Invohred. u Odw (please specify). ' E nstkm of nmam(s) : Ch4m* one of file f wing: E) WE DO ' a WE DO NOT desire to be retained on the mailing W for future procurements of this commo ty. Firm Name: Address: Phase: Signature Date Name (Type or Print) We ' City of Federal Way RFB W1411 2414 Axphak Overlay Prot Par 22 2044 "R ver. 1-a &:d22 Aftdff ttt A No bld Resttortse Form ed to BultdNS Exohsrpe of WA, Inc. For usage Condit ne Agreement see www bwm.com - Always Va* > e 1 Attachment B BID FORM ' CITY OF FEDERAL WAY ' 2014 ASPHALT OVERLAY PROJECT BID FORM ' ICON Materials Bidder: (dba of CPM Dpvpinpmtznt Cnrpnratinn) Date: L� LJ Ll 2 -12 -2014 To City Council Members ' City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 -6325 Pursuant to and in compliance with your advertisement for bids for construction of 2014 Asphalt Overlay Project and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of 2014 Asphalt Overlay Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the 2014 Asphalt Overlay Project Public Works Contract and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. Bond or Certified Check Five Percent of Total Amount Bid Dollars ($ 5% of Amount Bid The Bidder shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 23 2014 RFB ver. 1 -08 gage 23 Attachment B Bid Form PrnvidPd to Ruilders Fxrhanno of WA Inn Fnr uaanP r.nnditinnc AnrPPmPnt cPP www hwva rnm - Alwwc \ /arifv Crala ITEM BID AMOUNT A Schedule A — SW 350 ST 2 B). Schedule B — SW 32P ST 2Z 96,2L.J20 C Schedule C — SW 32r ST 22 C1 - D Schedule D1 -11 AVE SW E Schedule D2 —11 AVE SW $ Z Z '37. DC� F Schedule E — TWIN LAKES HIGHLANDS G Schedule F — S 352NO ST I z r. • S TOTAL BID AMOUNT (including Washington State sales tax, all other government taxes assessments and charges) $ / 9 G 1.30 l To City Council Members ' City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 -6325 Pursuant to and in compliance with your advertisement for bids for construction of 2014 Asphalt Overlay Project and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of 2014 Asphalt Overlay Project, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5%) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty-five (45) calendar days after the day of the bid opening and the undersigned fails to execute the 2014 Asphalt Overlay Project Public Works Contract and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. Bond or Certified Check Five Percent of Total Amount Bid Dollars ($ 5% of Amount Bid The Bidder shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 23 2014 RFB ver. 1 -08 gage 23 Attachment B Bid Form PrnvidPd to Ruilders Fxrhanno of WA Inn Fnr uaanP r.nnditinnc AnrPPmPnt cPP www hwva rnm - Alwwc \ /arifv Crala The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. Receipt of the following Addendums is hereby acknowledged: Addendum No. Date Issued: Addendum No. d2- Date Issued: Addendum No. _ Date Issued: ICON Materials Corporation (dba of CPM Development Corporation) CQW"tlar► Firm Name (am' TIM) ICONM * *982CF� ekkWS State Lk=M No, Alonature 600 664 231 General ManagerNP Bidder's State Tax No. Title City of Federal Way RFC s 14-181 2014 AVhak Overlay Project Page 24 2814 KFB ver. 1-08 age 24 rovided to Builders ExchoW of WA, Inc. For usW Conditions Agreement see www.bma.com - Always Ve ft Scale ICON Materials (dba of CPM Development Corporation) ATTACHMENT C CITY OF FEDERAL WAY 2014 ASPHALT OVERLAY PROJECT BID SCHEDULE NOTE: Unit Prices for all items, all extensions, and the total amount of the bid must be shown. Show unit prices in legible figures. Where conflict occurs between the unit price and the total amount named for any Item, the unit price shall prevail, and the totals shall be corrected to conform thereto. SCHEDULE A - SW 356TH ST 15TH AVE SW TO CITY LIMIT ITEM X. TWK NO. ITEM DESCRIPTION UANTrFY UNIT PRICE BID 1 Mobilization 1 LS 41,000.00 41,000.00 Traffic Control Labor 2 750 HR .00 500.00 Other Traffic Control Labor 3 50 HR $46.00 2 300.00 Off Duty Uniformed Police Officer 4 128 HR $66.00 $8,448.00 5 Asphatt/Cement Concrete SawcutHng 0.60 2,833.20 4722 LF 6 Roadway Excavation Ind. Haul 200 CY 122.00 24,400.00 7 Construction Geosynthetic for Separation 1.90 475.00 250 Sy CSTC for Pavement Repair & Roadway Widening, Ind. Haul 8 150 TN 25.00 3,750.00 of Bituminous Pavement 9 1121aning 7530 SY 2.50 18,825.00 HMA Class 1/2" PG 64 -22 10 2490 TN 71.00 176,790.00 11 HMA Class 1/2" PG 64-22 for Pavement Repair & Roadway lWidening 110.00 47,300.00 430 TN Adjust Manholes 12 2 EA 500.00 1,000.00 Adjust Catch Basins 13 1 EA 500.00 500.00 Wheel Chair Ramp Type 1, Complete 14 3 EA 1,800.00 5,400.00 Wheel Chair Ramp Type 2, Complete 15 13 EA 2,300.00 29,900.00 Wheel Chair Ramp Type 3, Complete 16 2 EA 2,200.00 4400.00 Removal and Replacement of Extruded Cement Concrete Curb 17 40 LF 30.00 1200.00 Removal and Replacement of Concrete Curb & Gutter 18 20 LF 40.00 800.00 Removal and Replacement of Concrete Sidewalk 19 34 SY 76.00 2,584.00 20 Pedestrian Refuge Island, Complete 5,000.00 10,000.00 2 EA Removal and Replacement of Type C Precast Traffic Curb 21 290 LF 20.00 5,800.00 Raised Pavement Marker, Type 2 22 4 HUND 600.00 2,400.00 ' City or Federal Way 2014 Asphalt Overlay Pwisxt PWC ver. 1 -0S Page 25 age 25 Attachment C Bid Schedule rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RFB 3 14 -101 2014 (dba of CPM Development Corporation) 23 Hydrant Marker, Type 2B 48.00 144.00 3 EA ITEM DESCRIPTION I)ANTiTY 24 Detector Loops 21 EA 625.00 13,125.00 Plastic Une 1 1 25 21,000.00 14003 LF 1.30 18,203.90 26 Plastic Traffic Arrow 25 EA 120.00 3,000.00 HR Plastic Bike Lane Symbols $22, 0.00 Otter Traffic Control Labor 27 8 Ep, 85.00 680.00 28 Mastic Yield Ahead Symbols $3,220.00 36.00 576.00 16 EA 480 29 Plastic Stop Line 132 LF 7.50 990.00 30 Plastic Crosswalk Line 910 LF 4.50 4,095.00 Cy 1 Plastic Wide Line 2,720.00 Construction Geosynthetc for Separation 31 976 LF 5,124.00 32 Sod 36 SY 25.00 900.00 33 Portable Changeable Message Sign 7 69.00 1,794.00 TN 57.00 26 1 DAY Planing of Bituminous Pavement SUBTOTAL SCHEDULE A $ 473,237.10 SCHEDULE B - SW 320TH ST 11TH AVE SW TO 14TH WAY SW NO. ITEM DESCRIPTION I)ANTiTY UNIT PRICE SID Mobilization 1 1 LS 21,000.00 21 000.00 Traffic Control Labor 2 480 HR 6.00 $22, 0.00 Otter Traffic Control Labor 3 70 HR $46.00 $3,220.00 Asphalt/Cement Concrete Sawcutting 4 480 LF 0.50 240.00 Roadway Excavation Ind. Haul 5 17 Cy 1 160.00 2,720.00 Construction Geosynthetc for Separation 6 100 SY 3.50 350.00 CSTC for Pavement Repair & Roadway Widening, Incl. Haul 7 30 TN 57.00 1,710.00 Planing of Bituminous Pavement 8 3735 SY 2.60 9,711.00 HMA Class 1/2" PG 64 -22 9 1270 TN 71.00 90,170.00 1/2" PG 64 -22 for Pavement Repair & Roadway 10 Wass TN 110.00 5,500.00 Adjust Existing Monument Case & Cover 11 2 EA 280.00 560.00 Wheel Chair Ramp Type 1, Complete 12 5 EA .1700.00 Wheel Chair Ramp Type 2, Complete 13 3 EA 2,250.0 6,750.00 Removal and Replacement of Concrete Approach 14 15 SY 1 95.00 1,425.00 Removal and Replacement of Concrete Sidewalk 1 IS 230 SY 95.00 21,850.00 city aC Federal Way 2014 AVitith Overlay Pr0imt PWc ver. 1-08 Page 26 age 26 rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RIFE 314 -101 2014 (dba of CPM Development Corporation) ISUBTOTAL SCHEDULE B ; 223,862.00 20TH ST 14TH WAY SW TO 21ST AVE SW SCHEDULE Pedestrian Refuge Island, Complete APPROX. UN11T 16 ITEM DESCRIPTION 2 FA 5,000.00 10,000.00 Raised Pavement Marker, Type 2 17 2.72 HUND 375.00 1,020.00 Hydrant Marker, Type 26 18 2 EA 1 25.00 50.00 Plastic Line 19 8040 LF 1.30 10,452.00 Plastic Traffic Arrow 20 8 EA 120.00 960.00 Plastic Yield Ahead Symbols 21 16 EA 36.00 576.00 6 Plastic Crosswalk Line 48 CY 145.00 6,960.00 22 Construction Geosynthetic for Separation 180 LF 4.50 810.00 7 Sod 100 SY 3.00 300.00 23 CSTC for Pavement Repair & Roadway Widening, Incl. Haul 80 5Y 25.001 2,000.00 8 Portaible Changeable Message Sign 30 TN 60.00 1,800.00 24 Planing of Bituminous Pavement 32 DAY 69.00 2,208.00 ISUBTOTAL SCHEDULE B ; 223,862.00 20TH ST 14TH WAY SW TO 21ST AVE SW SCHEDULE C - SW 3 APPROX. UN11T XTEM NO. ITEM DESCRIPTION OUANT1TY UNIT PRICE DID Mobilization 1 i LS 18,000.00 18 000.00 Traffic Control Labor 2 480 HR $46.00 $22,090.00 Other Traffic Control Labor 3 70 HR $46.00 - 3 220.00 Off Duty Uniformed Police Officer 4 64 HR $W.00 $4,224.00 Asphalt/Cement Concrete Sawcutting 5 1330 LF 0.50 665.00 6 Roadway Excavation Incl. Haul 48 CY 145.00 6,960.00 Construction Geosynthetic for Separation 7 100 SY 3.00 300.00 CSTC for Pavement Repair & Roadway Widening, Incl. Haul 8 30 TN 60.00 1,800.00 9 Planing of Bituminous Pavement 2.60 10,036.00 3860 5Y HMA Class 1/2" PG 64 -22 10 1320 TN 70.00 92,400.00 HMA Class 1/2" PG 64 -22 for Pavement Repair & Roadway 11 Widening 120 TN 110.00 13,200.00 Adjust Manhole 12 2 EA 500.00 1000.00 13 Adjust Existing Monument Case & Cover 300.0 1,200.00 q EA Wheel Chair Ramp Type 1, Complete 14 1 EA 1,850.0 1,850.00 15 Wheel Chair Ramp Type 2, Complete 5 EA 2,300.00 11,500.00 Removal and Replacement of Concrete Sidewalk 16 170 SY 80.00 13,600.00 Raised Pavement Marker, Type 2 17 3 HUND 600.001 1,800.00 City or Fedwal Way 2014 Asphalt Overlay Pwjml Page 27 RFB 31 201 4 PWC vcr. 1 -08 201 lage 27 'rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - AM+ays Verify Scale (dba of CPM Development Corporation) 18 Hydrant Marker, Type 26 ITEM APPROX. X. A 48.00 48.00 Mobilization 1 EA 19 Detector Loops 2 EA 625.00 1,250.00 20 Plastic Line 8652 LF 1.30 11,247.60 21 Plastic Traffic Arrow 10 EA 120.00 1,200.00 Plastic Wide Line 22 150 LF 5.25 787.50 4 Sod 0.50 1,811.00 23 60 SY 25.00 1,500.00 Portable Changeable Message Sign 24 30 DAY 69.00 2,070.00 SUBTOTAL SCHEDULE C $ 221,938.10 Schedule D1 -11th Ave SW SW 320th St to SW 326TH ST ITEM APPROX. X. A NO. ITEM DESCIUP71ON QUANTITY UNIT PRICE BID Mobilization I 1 LS 14,000.00 14 000.00 Traffic Control Labor 2 400 HR $46.00 $18,400.00 Other Traffic Control Labor 3 50 HR $46. 00 2 300.00 4 Asphalt/Cement Concrete Sawcutting 0.50 1,811.00 3622 LF Roadway Excavation Ind. Haul 5 85 CY 125.00 10,625.00 Construction Geosynthetic for Separation 6 300 SY 3.00 900.00 CSTC for Pavement Repair & Roadway Widening, Incl. Haul 7 75 TN 40.00 3,000.00 Planing of Bituminous Pavement 8 4540 SY 2.15 9,761.00 HMA Gass 1/2" PG 64 -22 9 950 TN 71.00 67,450.00 HMA Class 1/2" PG 64 -22 for Pavement Repair & Roadway 10 Widening 225 TN 110.00 24,750.00 11 Paving Fabric 5040 SY 3.00 15,120.00 Adjust Catch Basin 12 3 EA 500.00 1,500.00 Adjust Existing Monument Case & Cover 13 11 EA 300.00 3,300.00 Wheel Chair Ramp Type 1, Complete 14 .{ EA 1 1,900.0 7,600.00 Wheel Chair Ramp Type 2, Complete 15 2 EA 2,400.00 4,800.00 Removal and Replacement of Concrete Sidewalk 16 12 SY 110.00 1,320.00 Hydrant Marker, Type 28 17 3 EA 25.00 75.00 18 Plastic Letter 32 EA 57.00 1,824.00 19 Plastic Stop Line 38 LF 7.00 266.00 City of Federal Way 2014 Asphalt Ovevlay Project PWC ver. 1-08 Page 28 age 28 rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RFB 314 -101 2014 (dba of CPM Development Corporation) 20 Speed Hump 4 1,700.00 6,800.00 21 Sod 8 SY 1 25.00 200.00 SUBTOTAL SCHEDULE D1 S 195,802.00 Schedule D2 -11TH AVE SW SW 326TH ST TO 10TH AVE SW EM AP OX. UNIT TOTAL NO. ITEM DESCRIPTION QUANTITY UNIT PRICE BID Mobilization 1 1 IS 22,000.00 22 000.00 Traffic Control Labor 2 420 HR 6.00 $19,320.00 Other Traffic Control Labor 3 50 HR $46.00 $2,300.00 Asphalt/Cement Concrete Sawcutting 4 2478 LF 0.50 1,239.00 Roadway Excavation Ind. Haul 5 114 Cy 95.00 10,830.00 Construction Geosynthetic for Separation 6 100 SY 3.00 300.00 CSTC for Pavement Repair & Roadway Widening, Ind. Haul 7 75 TN 35.00 2,625.00 8 Planing of Bituminous Pavement 4435 SY 2.20 9,757.00 HMA Class 1/2" PG 64 -22 9 830 TN 72.00 59,760.00 HMA Class 1/2" PG 64 -22 for Pavement Repair & Roadway 10 Widening 167 TN 110.00 18,370.00 11 Paving Fabric 4600 SY 3.15 14,490.00 12 Adjust Catch Basin 1 EA 500.00 500.00 Adjust Existing Monument Case & Cover 13 13 EA 300.00 3,900.00 Wheel Chair Ramp Type 1, Complete 14 8 EA 1,800.00 14,400.00 Wheel Chair Ramp Type 2, Complete 15 16 EA 2,300.0 36,800.00 Removal and Replacement of Concrete Curb 6 Gutter 16 4 LF 120.00 480.00 Removal and Replacement of Concrete Sidewalk 17 46 SY 75.00 3,450.00 Removal and Replacement of Concrete Approach 18 20 SY 100.00 2,000.00 Hydrant Marker, Type 26 19 1 EA 50.0 50.00 20 Plastic Stop Line 38 LF 7.00 266.00 21 Plastic Letter 16 EA 50.00 800.00 22 Speed Hump 2 EA 1,750.0 3,500.00 Sod 23 68 SY 25.00 1,700.00 City or Federal Way 2014 Asphalt Overlay Project PWC ver. 1 -08 Page 29 SUBTOTAL SCHEDULE D2 228,837.00 Iage 29 rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RFB 314 -101 2014 1 � I 1 ivviv iVIOLa11010 (dba of CPM Development Corporation) SCHEDULE E - TWIN LAKES HIGHLANDS Pp OX' UNIT TOTAL I'1' M NO. ITEM DESCRIPTION UANTITY UNIT PRICE BID 1 Mobilization 1 LS 55,000.00 55,000.00 2 Traffic Control Labor 800 HR 6.00 $36,800.00 3 Other Traffic Control Labor 100 HR .00 11,600.00 4 Asphalt/Cement Concrete Sawcutting 0.60 1,371.60 2286 LF Roadway Excavation Incl. Haul 5 75 Gy 180.00 13 500.00 6 Construction Geosynthetic for Separation 3.00 600.00 200 SY CSTC for Pavement Repair & Roadway Widening, Incl. Haul 7 150 TN 35.00 5,250.00 8 Planing of Bituminous Pavement 15667 SY 2.00 31 334.00 9 HMA Class 1/2" PG 6422 3120 TN 81.00 252,720.00 10 HMA Class 1/2" PG 64 -22 for Pavement Repair & Roadway 135.00 21,330.00 Widening 158 it Paving Fabric 11876 SY 3.25 38,597.00 12 Adjust Manhole 9 EA 500.00 4,500.00 13 Adjust Catch Basin 4 EA 500.0 2,000.00 14 Adjust Existing Monument Case & Cover 38 EA 300.00 11,400.00 Wheel Chair Ramp Type 1, Complete 15 30 EA 1,850.00 55 500.0 16 Wheel Chair Ramp Type 2, Complete 25 FA 2,450.oq 61,250.00 Wheel Chair Ramp Type 2, Complete 17 5 EA 2, 1 00.00 10,500.00 Removal and Replacement of Extruded Cement Concrete Curb 18 84 LF 27.00 21268.00 Removal and Replacement of Concrete Curb & Gutter 19 903 LF 38.00 34,314.00 Removal and Replacement of Concrete Sidewalk 20 428 SY 7900 . Removal and Replacement of Concrete Approach 21 157 SY 105.00 1 4 Hydrant Marker, Type 2B 22 20 EA 21.00 420.00 23 Plastic Stop Line 37 LF 11.00 407.00 24 Sod 75 SY 25.00 1875.00 City of Federal Way 2014 Asphalt Overlay Project PWC ver. 1 -08 Page 30 SUBTOTAL SCHEDULE E $ 695.833.60 Cage 30 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RFB 314 -101 2014 (dba of CPM Development Corporation) SCHEDULE F - S 352ND ST ENCHANTED PKWY S TO I -5 M APPROX. UNIT TOTAL . ITEM DESCRIPTION UANTITY UNIT PRICE BID Mobilization [72 1 LS 17,000.00 17,000.00 Traffic Control Labor 275 HR $46.001 $12,650.00 Other Traffic Control Labor 3 50 HR $46.001 $2,300.00 Off Duty Uniformed Police Officer 4 48 HR $66.00 $3,168.00 Asphalt/Cement Concrete Sawcutbng 5 1830 LF 0.60 1,098.00 Roadway Excavation Ind. Haul 6 65 CY 130.00 8,450.00 Construction Geosynthetk for Separation 7 100 SY 1 4.00 400.00 CSTC for Pavement Repair & Roadway Widening, Incl. Haul 8 50 TN 35.00 1750.00 Planing of Bituminous Pavement 9 2712 SY 2.50 6,780.00 HMA Class 1/2- PG 64 -22 10 790 TN 72.00 56,880.00 HMA Gass 1/2- PG 64 -22 for Pavement Repair & Roadway 11 Widening 150 TN 110.00 16,500.00 Adjust Manhole 12 2 EA 500.00 1,000.00 Adjust Catch Basin 13 S Eo, 500.00 2,500.00 Wheel Chair Ramp Type 1, Complete 14 4 EA 1,850.00 7,400.00 Removal and Replacement of Concrete Sidewalk 6,150.00 15 75 SY 82.00 Removal and Replacement of Concrete Approach 16 17 SY 100.00 1700.00 Raised Pavement Marker, Type 2 17 1.8 HUND 600.00 1,080.00 18 Hydrant Marker, Type 28 48.00 96.00 2 EA 19 Traffic Detector Loops 9 EA 600.00 5,400.00 Plastic Line 20 3980 LF 1.30 5,174.00 21 Plastic Traffic Arrow 16 EA 125.00 2,000.00 22 Plastic Stop Line 36 LF 7.00 252.00 23 Plastic Crosswalk Line 210 LF 4.25 892.50 24 Plastic Wide Line 300 LF 5.25 1,575.00 25 Sod 24 SY 25.00 600.00 Portable Changeable Message Sign 26 24 DAY 69.00 1 1,656.00 City of Federal Way 2014 Asphalt Overlay Project PWC ver. 1 -08 Page 31 SUBTOTAL SCHEDULE F ; 164,451.50 gage 31 3rovlded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale RFB 314 -101 2014 1 1 Attachment D BID SIGNATURE PAGE Date; 2 -12 -2014 The undersigned bidder hereby proposes and agrees to deliver the equipment andlor services pursuant to the 2014 Asphalt Overlay Project and comply with aM other terms and conditions of the contract and bid documents of RFB 14 -101. No bidder may withdraw his/her bid for a period of ninety (90) days after the day Of bid opening. The required bid setxx4 consisting of a certified dw*, bid bond, or rd's attack in an amount of not less than M percent (5%) of the total amount WIN be delivered to the City. The undersigned individual represents and wanwft that he Or she Is duNy authorized to execute the bid and all bid documents on behalf of any parbvwAIP, joint venture Or corporation. ICON Materials Corporation (dba of CPM Development Corporation) CorpOrapa+�y ( rov) By () David Gent (Printer! Name) General Mana erNP (Tw) 1508 Valentine Ave SE Pacific, WA 98047 -2103 (Address) 206 575 -3200 (Telephone Dumber) City of Federal Way RFB 1 14-101 2014 Asphalt Overlay Project Rage 32 2014 RFB ver. 1.08 Cage 32 Attachment D Bid 8lgnat ire Page Provided to Builders Exchange of WA, Mc. For unge CorMions Agreement see www.bxwa.corn - Always Verify ftalle I — I� CPM DEVELOPMENT CORPORATION CORPORATE OFFICE • 5111 E BROADWAY • SPOKANE VALLEY, WA 99212 P.O. BOX 3366 • SPOKANE, WA 99220 -3366 •OFFICE: (509) 534 -6221 • FAX: (509) 536 -3051 (b Central Pre -Mix Concrete Co. al Central Pre -Mix Prestress Co. 0 Inland Asphalt Co. Interstate Concrete & Asphalt Co. 2 ICON Materials Wenatchee Sand and Gravel Central Washington Concrete F Eugene Sand & Gravel 0 Viking Redl -Mix t*,-- Green & White Rock Products Klamath Pacific Corporation Bandon Concrete & Development River Bend Sand and Gravel ILI Salem Road & Driveway r Valley Concrete & Gravel CERTIFICATE OF AUTHORITY Oldcastio' Materials Please be advised, that the individuals whose names, titles and signatures appear below are authorized to execute proposals, contracts, bonds, and other documents and /or instruments on behalf of CPM Development Corporation, d/b /a ICON Materials. ICON Materials is a CPM Development Corporation trade name. Sl ng_ature Name and Title David Gent, General ManagerNice President Rob Meidinger, Operations Manager Tim Davis, Construction Division Manager Rick Maurstad, Senior Project Manager Pat Skube, Chief Estimator STATE OF WASHINGTON ) ) ss. COUNTY OF SPOKANE ) Respectfully submitted, CPM DEVELOPMENT CORPORATION 1l,lr 6 /401)t— Susan L Devaney Northwest Division CFO On this day personally appeared before me Susan L. Devaney, known to me to be the person that executed the foregoing instrument, on behalf of CPM Development Corporation, d/b /a ICON Materials, and acknowledged said instrument to be the free and voluntary act of said corporation, for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this 1S' ' d of 2014. KATHLEEN FRiZZEII Sign t e o Notary Public Notary Q . , ��� StOte of Washington Tit My Commission Expires Print or Type Name of Not January 19, 2017 NOTARY PUBLIC in and for the State of Washington Residing at Ye- 00,M ' G'ov�� �- I My Commission expires on f /9 — o i 7;l' Attachment E BID BOND FORM Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in the amount of $ . which amount is not less than five percent (596) of the total bid. BID BOND ICON Materials KNOW ALL PERSONS BY THESE PRESENTS that we, (dba of CPM Development CorporatioN as Principal, and Fidelity & Deposit Company of Maryland • as may, are held and firmly bound unto the City of Federal Way, as (Obligee, M the penal sum of Five percent of total Amt Bid and _J1pp dollars ($5% of Amt Bid ), for the payment of which the Principal and the Surety bond themselves, their heirs and exetutors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Mgee shah make any award to the Pri ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint David GENT, Rob D. MEIDINGER, Karen RHINEHART, Tim DAVIS and Susan L. DEVANEY, all of Pacific, Washington, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings,Any and all bid bonds issued on behalf of ICON Materials (dba of CPM Development Corporation), Kent, Washington each in a penalty not to exceed the sum of $1,000,000 and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of December, A.D. 2013. ATTEST: BY- Hssistant Secretary 13erald T'. Haley ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND '�C OEIpf�� a,?'�,y6i�ti ZA "�+rr Vice President Thomas O. McClellan State of Maryland City of Baltimore On this 13th day of December, A.D. 2013, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GERALD F. HALEY, Assistant Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ����s2L �� gg • ` � s1. 'nn �'�•'• ��fil IC• f,G C Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 020 -8022U ' ICON Materials (dba of CPM Development Corporation) Attachment F i SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 2014 Asphalt Overlay Project ' Failure to W subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described In Chapter 18.106 RCW and electrical as desafted in Chapter 19.28 RCW, or identify the bidder for the work will result to your bid being non- responsive and tle void. Subconb— actors that are proposed to perform the work of heating, ventilation and air corKWJ *xh t plumbing, as described In Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW must be named below, or name the bider for the work. ' The bidder verifies that each first tier subcont: actor, and every subcontractor of any tier that hires other subconbactors, has a current certificate of registration In compliance with cfsiipber 18.27 RCW, a current Washington Unified Business Identifier (UBI) number; has Industrial Insurance ' (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, If applicable; has a Washington Employment Security Deparhrlent number, as required In Title 50 RCW, If applicable; has a Washingtcxl Deparbyllent of Revue state ' excise tax registration number, as required in Title 82 RCW, 9 applicable; has an d contractor license, if required by Chapter 19.28 RCW, tf applicable; has an elevator contractor license, V required by Chapter 70.87 KIN. The fallowing listed bid Items (listed In numerical sequence) for this project have been proposed for subcontracting to subcontractors as indicated. I� ITEM City of Federal Way RFD # 14-101 2014 A.phalt Overlay Project Page 34 2014 RFD ver. 1 -48 Cage 34 Attechmernt F Subooraractor List 3tovkied to Builders Exchange of WA, Inc. For gage Condkions Agreement see www.bma.com -brays Verify Seale ' K:UN Matenais (dba of CPM Development Corporation) AttachinOlt G City of Federal Way COMBINED AFFIDAVIT AND CERTIFICATION FORM Non- Wlusion, Anti- Trust, Prevailing Wage (Non- Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment NON- COLLUSION AFFIDAVIT Being first duty sworn, deposes and says, that he/she is the identical person who subn7itted the foregoing proposal or lid, and that such bid is genuine and not sham or collusive or made In the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put In a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself/herself or to any other person any advantage over other Bidder or SkIders; and NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) ' To bid i activities call: 1- 800 -424 -9071 reps rigging ' The U.S. Department of Transportation (USDOT) operates the above toN-free hotline Monday through Friday, 8 :00 a.m. to 5:00 p.m., Eastern Tina. Anyone with knowledge of possible bid raging, bidder collusion, or other fraudulent activities shot ld toe the hone W report ox: h activities. The hotline is part of USDOrs continuing effort to klen* and Investigate howway construction contract fraud and abuse and Is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected', and ' CERTIFICATION RE: ASSIGNMENT OF ANTI -TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from ai i- ' trust violations are, to fact, usually home by the purchaser. Therefore, vendor hereby asftm to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from antis violations ' commencing after the date of the bid, quotation, or other event estab Mng the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to puchaser, subject to the aforementioned ' exception; and PREVAILING WAGE AFFADAVIT I, the undersigned, having duty sworn, deposed say and certify that In connection with the performance of the work of this project, will pay each classification of laborer, workperson, or mechanic employed in the performance of such work, riot less than the prevailing rate of wage or ' not less than the minimum rate of wage as specified in the prbxipal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set ' forth therein, is true to my knowledge and belief; and City of Fedend Way RFB # 114401 2014 Asphalt Overlay Project Page 35 2014 RFD ver. 1-68 Cage 35 Abac hmer4 G Combined AIW&V t S Certification Form provided to Bu lkhn Exchange of WA, Inc. For usage Conditions Agreement see www.bxwe.corn - Always Verify Sole DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY ' The Contractor certifies that it is properly licensed and registered under the caws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(lXb), RCW 51.16.070(lXb), or RCW 82.32.070(2) within the last two years. The Contractor ftrrtlw certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five -year period: (1) mated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. ' CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non - Collusion Affidavit, Assignment of Anti -Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment davit, Affidavit of ENg+iW ty, and Certification of lawful Employment. ' 2014 Asphalt Overlay Project ' Name of Bidder's Firm ICON Materi a of CPM Developm t Corporation) ' furs of Authorized Representative of bier subscribed and sworn to before me this 12th Clay of February , 2014, XN ''N04 /off Ellen Roth ' = S (printed/typed name of rotary) Notary Public in and for the State of Washington • �wr My commission expires: 6 -29 -2016 1 " City of Federal Way R.FH # 14-101 2014 Axpbah Overlay Project Page 36 2014 RFB ver. 1 -08 I tage 36 2rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scab IAftachment H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11245) ' pate: 2 -12 -2014 This statement relates to a proposal contract with the City of Federal Way named ' 2014 Asphalt Overlay Project ' I am the undersigned bidder or prospective contractor. I represent that: I 0 give, ❑ have rot, participated in a previous contract or subcontract subject W the President's ' Executive Order #11246 (regarding equal employment opporb++dtY) or a preceding solar Executive Order. ICON Materials (dba of CPM Development Corporation) Name of Bidder � David Gent Its: General ManagerNP Tide 1508 Valentine Ave SE Pacific, WA 98047 -2103 Address 1 ' City of Federal Wray RFB # 14.101 2014 Asphalt Overlay Project Page 37 2014 RFB ver. 1 -08 Los, 37 Attachment H Contractor's Compliance Statement Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwo.com - Always Verify Scale `CITY OF .... Federal Way BUSINESS REGISTRATION License Number: 19 -98- 105308 -00-BL Non- Resident Business Registered: CPM DEVELOPMENT CORP DBA ICON MATERIALS 1508 VALENTINE AVE SE PACIFIC, WA 98047 Expires: 12/31/2014 Category: 1610 - Contractors- Highway /Street Construction Conditions: This license isnon- transferable. Please notify the City Clerk's office of any change in your business such as a new location or business name. �OOORPORAit SEAL lC�� ijj, `���� City Clerk, City of Federal Way This certifies that the above entity has been issued the registration or license listed. City of Federal Way - Licensing (253) 835 -2506 - 33325 8th Ave S., Federal Way, WA 98003 CPM DEVELOPMENT CORP. DBA ICON MATERIALS ATTN: KATHLEEN FRIZZELL PO BOX 3366 SPOKANE WA 99220 -3366 Attachment I PUBLIC WORKS CONTRACT FOR 2014 ASPHALT OVERLAY PROJECT THIS PUBLIC WORKS CONTRACT C' Contract) is dated effective this 2,nc1 day of E)V Y� , 20_1± and is made by and between the City of Federal Way, a Washington municipal corporation ( "City or Owner', and icon Ma pals a GJ0.5h�alon Comic. �.�. ("Contractor'D. A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete 2014 Asphalt Overlay Project, located in Federal Way, Washington ("Property'; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties'l agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR 1.1 Description of Work. Contractor shall perform all work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the work, more particularly described as the 2014 Asphalt Overlay project, including without limitation: The project shall consist of finishing all materials, equipment, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), for the construction, sequencing and traffic control plan for overlaying existing asphalt concrete pavement in up to seven (7) different locations within the City of Federal Way. The work shall include but not be limited to: Hot Mix Asphalt pavement overlay (10,000 tons), roadway excavation, pavement repair, planing bituminous pavement, paving fabric, removal and replacement of curb & gutter, sidewalk, concrete approach, curb ramps, type C curb, extruded curb, pedestrian refuge islands, traffic signal detection loops, channelization, restoration, utility adjustments work and all items necessary to complete the work as described in the Contract documents, which include without limitation, this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Signature Page, Bid Bond, Combined Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Agreement attached as Exhibit C, Retainage Bond to City of Federal Way attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached hereto as Exhibit F, Performance / Payment Bond attached hereto as Exhibit G, Title VI Assurances attached hereto as Exhibit H, Standard Plans and Details attached as Appendix A, current Prevailing Wage Rates attached as Appendix B, Warranties attached as Appendix C, 2012 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction, Amendment to the Standard Specifications, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents', which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 38 2014 RFB ver. 1 -08 1.2 Completion Date. The Work shall be commenced within five (5) days of receipt by the ' Contractor of the City's Notice to Proceed. The Work shall be completed on or before oeww 3t 20_1�L. In the event the Work is not substantially completed within the time specified, Contractor agrees to pay to the City liquidated damages in the amount set forth in the formula included in Section 1.3 of this Contract. The Work shall not be deemed completed until the City has accepted the Work and delivered a written Notice of Completion of Public Works Contract in the form attached hereto as Exhibit "A ". 1.3 Liquidated Damages. Time is of the essence of the Contract. Delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision. It is impractical for the City to calculate the actual cost of delays. Accordingly, the Contractor agrees to pay liquidated damages calculated on the following formula for its failure to complete this Contract on time: (1) To pay (according to the following formula) liquidated damages for each working day beyond the number of working days established for completion, and (2) To authorize the City to deduct these liquidated damages from any money due or coming due to the Contractor. LIQUIDATED DAMAGES FORMULA LD = 0.15C ' T Where: LD = Liquidated damages per working day (rounded to the nearest dollar). t C = Original Contract amount. T = Original time for completion. ' When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of ' time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B ", which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 39 2014 RFB ver. 1 -08 required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than OcArber -6L 20-1-�- to complete, and the expiration of all warranties contained in the Contract Documents ("Term'D. 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 40 2014 RFB ver. 1 -08 City does not constitute waiver, modification or exclusion of any express or implied warranty or any ' right under this Contract or law. 4. COMPENSATION ' 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor in accordance with the Bid Schedule, which amount shall constitute full and complete payment by the City ("Total Compensation'). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the ' payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for ' any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work ' and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. ' Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D ". No payments shall be made by the City from the retained percentage fund (" Fund's nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 41 2014 RFB ver. 1 -08 In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Contract, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. Any material violation of this provision shall be grounds for termination of this Contract by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. If this project involves federal funds including USDOT funds administered by WSDOT, the contractor agrees to the clauses contained in Exhibit H. 6. INDEPENDENT CONTRACTOR /CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 7. CITY'S RIGHT TO TERMINATE CONTRACT 7.1 Termination Without Cause. Prior to the expiration of the Term, this Contract may be terminated without cause upon oral or written notice delivered to Contractor from the City. Upon termination, all supplies, materials, labor and /or equipment furnished prior to such date shall, at the City's option, become its property. In the event Contractor is not in breach of any of the provisions of this Contract, Contractor will be paid for any portion of the Work which has been completed to the City's satisfaction, calculated by the percentage amount that portion of the Work completed and accepted by the City bears to the Total Compensation. 7.2 Termination For Cause. The City may immediately terminate this Contract, take possession of the Property and all materials thereon and finish the Work by whatever methods it may deem expedient, upon the occurrence of any one or more of the following events: ' (1) If the Contractor should be adjudged a bankrupt. 'City f Federal Way RFB # 14 -101 Y Y 2014 Asphalt Overlay Project Page 42 2014 ' RFB ver. 1 -08 (2) If the Contractor should make a general assignment for the benefit of its creditors. (3) If a receiver should be appointed on the account of insolvency of Contractor. (4) If Contractor should persistently or repeatedly refuse or fail to supply a sufficient number of properly skilled workmen or proper materials for completion of the Work. (5) If the Contractor should fail to complete the Work within the time specified in this Contract. (6) If the Contractor should fail to complete the Work in compliance with the plans and specifications, to the City's satisfaction. (7) If the Contractor should fail to make prompt payment to subcontractors or for material labor. (8) If Contractor should persistently disregard laws, ordinances or regulations of federal, state, or municipal agencies or subdivisions thereof. (9) If Contractor should persistently disregard instructions of the Mayor or his or her representative. (10) If Contractor shall be in breach or violation of any term or provision of this Contract, or (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any ' equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. ' (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. S. INDEMNIFICATION ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 43 2014 RFB ver. 1 -08 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: (1) Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; ' (2) Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products ' liability and property damage. (3) Automobile liability insurance with combined single limits of liability not less than ' $2,000,000 for bodily injury, including personal injury or death and property damage. 9.2 Endorsements. Each insurance policy shall contain, or be endorsed to contain, the following provisions: ' (1) The City, its officers, officials, employees, volunteers and agents shall each be named as additional insured. ' (2) Coverage may not be terminated or reduced in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, to the City. ' (3) Coverage shall be primary insurance as respects the City, its officials, employees and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees or volunteers shall be in excess of Contractor's insurance. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 44 2014 RFB ver. 1 -08 (4) Coverage shall apply to each insured separately against whom claim is made or suit is brought. (5) Coverage shall be written on an 'occurrence" form as opposed to a "claims made" or "claims paid" form. 9.3 Verification. Contractor shall furnish the City with certificates of insurance evidencing the coverage required by the Section, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "T ", which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self - insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self- insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. ' 10. PERFORMANCE /PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance /Payment Bond in favor of ' the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and ' to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. ' 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site ' and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA /WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards ' (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 45 2014 ' RFB ver. 1 -08 signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix B. .The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296 -127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296- 127 -010 WAC, complies with all the requirements of Chapter 39.12 RCW. 12.2 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Contract do not apply to: (1) Sole owners and their spouses; (2) Any partner who owns at least 30% of a partnership; (3) The President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. ' 12.3 Reporting Requirements. On forms provided by the Industrial Statistician of State L&I, the Contractor shall submit to the Engineer the following for itself and for each firm covered under Chapter 39.12 RCW that provided work and materials of the contract: (1) A copy of an approved "Statement of Intent to Pay Prevailing Wages" State L&I form number F700- 029 -000. The City will make no payment under this contract for the work ' performed until this statement has been approved by State L&I and a certified copy of the approved form has been submitted to the City. (2) A copy of an approved "Affidavit of Prevailing Wages Paid," State L&I form number F700- 007 -000. The City will not release to the contractor any funds retained under Chapter 60.28.011 RCW until all of the "Affidavit of Prevailing Wages Paid" forms have been ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 46 2014 ' RFB ver. 1 -08 approved by State L&I and a certified copy of all the approved forms have been submitted to the City. The Contractor shall be responsible for requesting these forms from the State L&I and for paying any approval fees required by State L&I. Certified payrolls are required to be submitted by the Contractor to the City, for the Contractor and all subcontractors or lower tier subcontractors. 12.4 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. 13. FAILURE TO PAY SUBCONTRACTORS In the event the Contractor shall fail to pay any subcontractors or laborers, fail to pay for any materials, or fail to pay any insurance premiums, the City may terminate this Contract and /or the City may withhold from the money which may be due the Contractor an amount necessary for the payment of such subcontractors, laborers, materials or premiums. 14. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work shall become the property of the City and shall be delivered to the City at its request. 15. CONFIDENTIALITY Any records, reports, information, data or other documents or materials given to or ' prepared or assembled by the Contractor under this Contract will be kept as confidential and shall not be made available to any individual or organization by the Contractor without prior written approval of the City. ' 16. BOOKS AND RECORDS ' The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of this Contract and such accounting procedures and practices as may be deemed necessary by the City to assure proper ' accounting of all funds paid pursuant to this Contract. These records shall be subject at all reasonable times to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Contract. ' 17. CLEAN UP ' At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, ' the City may, but in no event is it obligated to, perform the necessary clean up and the costs City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 47 2014 IRFB ver. 1 -08 thereof shall be immediately paid by the Contractor to the City and /or the City may deduct its costs from any remaining payments due to the Contractor. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 Contractor Verification. The Contractor verifies that it has a certificate of registration with the State of Washington; has a current state unified business identifier number; is not disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); has industrial insurance as required by Title 51 RCW, if applicable; has an employment security department number as required in Title 50 RCW, if applicable; has a state excise tax registration number as required in Title 82 RCW, if applicable; possesses a valid electrical contractor license as required by chapter 19.28 RCW, if applicable; and possesses an elevator contractor license as required by chapter 70.87 RCW, if applicable. 18.2 Subcontractor Contracts. The Contractor shall include the language of this section in each of its first tier subcontracts, and shall require each of its subcontractors to include the same language of this section in each of their subcontracts, adjusting only as necessary the terms used for the contracting parties. Upon request of the Owner, the Contractor shall promptly provide documentation to the Owner demonstrating that the subcontractor meets the subcontractor responsibility criteria below. The requirements of this section apply to all subcontractors regardless of tier. 18.3 Subcontractor Verification. At the time of subcontract execution, the Contractor shall verify that each of its first tier subcontractors meets the following bidder responsibility criteria: Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of subcontract bid submittal; Have a current Washington Unified Business Identifier (UBI) number; Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3); Have Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; A Washington Employment Security Department number, as required in Title 50 RCW, if applicable; A Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; An electrical contractor license, if required by Chapter 19.28 RCW, if applicable; An elevator contractor license, if required by Chapter 70.87 RCW. 19. GENERAL PROVISIONS 19.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. 19.2 Modification. No provisions of this Contract, including this provision, may be amended ' or added to'except by agreement in writing signed by the Parties or their respective successors in interest. ' 19.3 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 19.4 Assignment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 48 2014 ' RFB ver. 1 -08 the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 19.5 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 19.6 Attorney Fees. In the event the City or the Contractor defaults on the performance of any terms in this Contract, and the Contractor or City places the enforcement of the Contract or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Contract shall be King County, Washington. 19.7 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 19.8 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 19.9 Authori . Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 19.10 Notices. Any notices required to be given by the City to Contractor or by the Contractor to the City shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for ' convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and /or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of ' any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. 7 ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 49 2014 ' RFB ver. 1 -08 DATED the day and year set forth above. By: ATTEST: a City Clerk, Carol McNeilly, rMC APPROVED AS TO FORM: oe- City Attorney, Pa r cia A. Richardson CITY Of-: FEDERAL WAY �A Ferreff, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 ICON Materials (dba of CPM Development Corp.) [CONTRACTOR'S NAME] By: ,Jtignature) (Name) ►mss vale inl° A& St Tnp r , WA- 4W4-71-210t,-) !2 (Addre sslCgo 5-75- 3200 (Phone) `L City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 50 2014 RFB ver. 1 -08 [Indivibq,al Notary] STATE OF COUNTY OF NGTON ) j ss. On this day personally appe ed before me, ' to me known to be the individual des ' ed in and who executed the foregoing instrument, and on oath swore that he /she /they executed for instrument as his /her /their free and voluntary act and deed for the uses and purposes t rein mentioned. GIVEN my hand and official seal this_ day of [Corporate Notary] 20 (type inted name of notary) Notary Public in a or the State of Washington. My commission expire STATE OF WASHINGTON ) • ) ss. ' COUNTY OF Y I Yi ) On this day personally appear d ore me to me ' Avlf%WV 11-11b; known to be the of ICON Materialstha executed the foregoing instrument, and acknoWledged the said instrun*ovWdW P S'rTd voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on ' oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 25111day of 1"a d l , 20A ^+�ggAN R� (typed /printed name of notary) tom♦ � Notary Public in and for the State of Washington. .10 aA' y My commission expires r0 -29 -20 W0 dt Z 2 J City of Federal Way 2014 Asphalt Overlay Project ' RFB ver. 1 -08 Page 51 RFB # 14 -101 2014 1 AcnoNJxIjEu dFNMnm oF 7=DmBcwn OF CPU DEVELONZNT CORPORATION Effective Data Jamuuy 1, 2014 The undersigned, being all of the mambas of the Board of Dhomrs of C,PM Darolopment ��a Washington corporation (ft "Corpsterb� do haeb% pursuant to RCW $232.09.230 a:huagtm Business Corporation Act, give this written consent (a) to the dispanestion of an annual meeting of the Board of Directors of the Corporation, and (b) to the taking of the Mbviag ac OU6 such aC£ons m have the am 6 we ad effect had a meeting been duly called and held: L SON OF OFFICERS RESOLVED, that eiiecaive January 1, 2014 all previous dwdons of ofilm sere aernsinated, and ' do 6oIlowiog persona be and huchy m eleded to serve as offices of the Corporation in the capacities set fm* opposiae dm* rcRuctive menses until such tiam as their successors shall be elected and gwdified: ' 8[1R1 M RESOLVED. that tam apPriate officers of the Corporation be and each of them bamby is authawd to execute and deism arch agreements, comtrac% doorammts. des amt other instcummb, under the seal of the Corporation if required, for toe purpose of conducting the COCpoi aWg business, indu ft without limitation selling pmodum and seam' cw crncdca week and to false M& ' air action, as they may deem 000emary, adviamble, couvenicat at appropriate to carry out and AY perform dories incident to the office a owes Be appointed, and such other duties m nmy be presmtw by the Board of Directors fim time to time, with ar without the dgeamoe of others; ' FORTMR RESOLVED, shat the pm det of the Corporation may, from time to time, wttbad fiuther action by the Board of Dkeati M appoint other persons to serve as authasreed employees, or remove MW individuals from this Cape*, sad ro direct ttwse mWiated to tab much acting as be ' dean nwmi sty, advtmbm, convenient or �' the office of President. �° t° a*rY out and fgily perform to dut3am iactdent to James D. Gauger President ' Susan I- Devaney Chief Financial Offma/gooeetury Paul D. Saliabwy Vice Phsideed Craig Mayfold Vice President ' RicenJo Unatea Vice Pmsidat Print Franz Vice President idul Madden Vice President David Gent Vice 1?hroeddsnt ' X. Q Klaaknom Vice President N. Lube Aadason We President Riohand a. Parka V� President ' Chades Brown TremumfAssistaat Secretary Gary P. mokman Assistant Secramy Michael G. O'DdmmH Assistant Secetsry 1 x Craig " Kimberly Assistant Smamy Nuddl wiw:m B. Mar Assistant Secretary Asddmd Secrepuy ' Dai►id M. Toolan Ambient Spy ' 8[1R1 M RESOLVED. that tam apPriate officers of the Corporation be and each of them bamby is authawd to execute and deism arch agreements, comtrac% doorammts. des amt other instcummb, under the seal of the Corporation if required, for toe purpose of conducting the COCpoi aWg business, indu ft without limitation selling pmodum and seam' cw crncdca week and to false M& ' air action, as they may deem 000emary, adviamble, couvenicat at appropriate to carry out and AY perform dories incident to the office a owes Be appointed, and such other duties m nmy be presmtw by the Board of Directors fim time to time, with ar without the dgeamoe of others; ' FORTMR RESOLVED, shat the pm det of the Corporation may, from time to time, wttbad fiuther action by the Board of Dkeati M appoint other persons to serve as authasreed employees, or remove MW individuals from this Cape*, sad ro direct ttwse mWiated to tab much acting as be ' dean nwmi sty, advtmbm, convenient or �' the office of President. �° t° a*rY out and fgily perform to dut3am iactdent to F1 'MR RUOLVSD, chat dab Caoaeat, filer =mod= by dro Dh atm of titre Caporedoa, be filed b approprhft order a fire mhwte book of the Corporation. 'N W11YMS WMWF, the uadeesigead co g an of the mernbecr of the Bold of m" Offt d� set forl6 C411mldw � � � hands thia 66 &y of Jngay, 2014, effieodve as of ge r ...... ----------- .Y.:..... « �. .... .A� .............I.............. �....�... »...�.�- - ... .... ............. R RE■OVALS 118 M UWLVBD, that aqy cuffad oiFicers of the Casporadon' not elected is flee hee,oiag mwkd= ere haraby removed; ' JIL i►�CIW.A»OYJB F11R'l M RZSOLVED, that all aodm previm* Wm by say oiDoer of the Corporation bermmder appokmd in hblher oapadty as mach officer be, and each of them hereby is, adopted, ndfied, coadnaad and approved io all tespecb as the anthoriaed acts sad deeds of fire Corpmaks; ad ' 1R1 MMM P-MOLVED, that dw reaoladm can be executed in multiple covomgwk cad dmt each omdwp d Uh n topather shall WOOD* s oomplets and duty exowa ed arigWW bw=C and that a . facsimb or ocher oopy of thin raolatior< Ad be legal and bhft the come as an executed arigW ■ hereof. F1 'MR RUOLVSD, chat dab Caoaeat, filer =mod= by dro Dh atm of titre Caporedoa, be filed b approprhft order a fire mhwte book of the Corporation. 'N W11YMS WMWF, the uadeesigead co g an of the mernbecr of the Bold of m" Offt d� set forl6 C411mldw � � � hands thia 66 &y of Jngay, 2014, effieodve as of ge r Address Number: Assigned to: Date Assigned: nt ensarrnrr nr nrmvrr nescrrnea nriow Project Name Contract Number job Order Contracting ❑ Yes ❑ No Description of Work Done/Include Jobsite Address(es) Federally funded road transportation project? ❑ Yes ❑ No Contractor's Name Telephone Number Affidavit ID* Contractor Address If Retainage is Bonded, List Surety's Name (or attach a copy) Surety Agent's Address Date Contract Awarded ate Work Commenced Date Work Completed Date W ork Accepted Contract Amount Additions ( + $ Liquidated Damages $ Reductions { -) $ Amount Disbursed $ Sub -Total $ 0.00 Amount Retained $ Amount of Sales Tax Paid at 0,000% (If various rates apply, please send a breakdown) $ TOTAL $ 0.00 TOTAL $ 0.00 NOTE: These two totals must be equal Ph-nvp List all quhrnntrnrtnrs and Sub -tiers Below: Subcontractor's Name: UBI Number: (Required) Affidavit ID* F215-038-000 07-2012 REV 31 0020e (07/06/12) City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 52 Continued on page 2 RFB # 14 -101 2014 rloacc. 1T .ict all Cnhvnntrnvtors and Snh -tiers Below: Subcontractor's Name: UBI Number: (Required) Affidavit ID* A. Gomm A Contact Name: l ttle: R.nail Address: Phone Number: 0 NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Affidavit ID* - Provide known ones at this time. No LNI release will be granted until all affidavits are completed. Submitting Form: Please submit the completed form to all three agencies below. For a faster response, please submit by e-mail. Washington State Department of Revenue 1 L, Public Works Section PO Box 47474 Olympia WA 98504 -7474 (360) 725 -7588 FAX (360) 664 -4159 PWC @dor.wa.gov Washington State Department of Labor and Industries Contract Release PO Box 44274 Olympia, WA 98504 -4272 (360) 902 -5772 FAX (360) 902 -6897 ContractRelease @lni.wa.gov Washington State Employment Security Department Registration, Inquiry, Standards & Coordination Unit PO Box 9046 Olympia WA98507 -9046 (360) 902 -9450 Fax (360) 902 -9287 For tax assistance or to request this document in an alternate format, visit http: / /dor.wa,go,, or call 1 -800 -647 -7706. Teletype (TTY) users may call (360) 705 -6718 F215 -038 - 1.100 07 -2012 REV 31 0020el07/00/12) City of Federal Way 2014 Asphalt Overlay Project Page 53 RFB # 14 -101 2014 RFB ver. 1 -08 PROJECT . NUMBER EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER ' PROJECT TITLE SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE CONTRACTOR ' The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. ' Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No P If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No ■ PRICE CHANGE LUMP SUM: INCREASE $ DECREASE $ ' UNIT PRICE: THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM Q UANTITY UNIT PRICE ADD OR DELETE TOTAL NET CONTRACT: INCREASE $ DECREASE $ ' STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard ' specifications, and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. CONTRACTOR'S DEPT. DIRECTOR /MANAGER DATE SIGNATURE SIGNATURE ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 54 2014 ' RFB ver. 1 -08 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT *Adjustments: u INCREASED $ ❑ DECREASED $ DEPARTMENT DIRECTOR'S SIGNATURE City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 55 2014 RFB ver. 1 -08 EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT City of Federal Way Bid /Contract Number 33325 8th Avenue South Federal Way, WA 98003 -6325 253 - 835 -7000 IDENTIFICATION AND DESCRIPTION Project Title Contractor Representative Bid No. Date Administering Department City Representative Funding Source Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the (referred to herein as the Bank), the terms of which are specified by separate escrow agreement. The cost of the investment program and the risk thereof is to be borne entirely by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions to invest not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: ' Name of Bank, Mutual Fund, or Savings & Loan Association: Address: Account #: Contractor: By: Arlrlracc• Fed ID #: Contact Person: Date: Title: Phone: Est. Completion Date: _ ' CITY APPROVAL Approval of Investment Program and Retainage Agreement Finance Director Date ' CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE Contract No. Project Title: ' I hereby certify, as Contract Administrator for this Contract representing the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on ' I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. ' Contract Administrator Director of Administering Department Also, please find attached certifications by the applicable state agencies of the receipt of: 1) Washington State Business Taxes (Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 56 RFB # 14 -101 2014 7 1I BOND NO. 09162604 r 2014 Asphalt Overlay Project KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, ICON MATERIALS (DBA OF CPM DEVELOPMENT CORPORATION) as principal ( "Pnncipai'), and FIDELITY AND DEPOSIT COMPANY OF MARYLAND a Corporation organized and existing under the .laws of the State of MARYLAND as a surety Corporation, and qualified under the laws . of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety', are jointly and severally held and firmly bonded to the City of Federal Way ("City") in the penal sum of: SEVENTY FIVE THOUSAND FOUR HUNDRED SIX AND 391100 ($ 76,406.39_ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case maybe. A. This obligation Is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. S. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the 2014 ASPHALT OVERLAY PROJECT Project, which contract Is Incorporated herein by this reference ("Contract"), and TPFT-4i01 C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5 %), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $ 1,508.127.70 ; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State ail taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall In any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty -five percent (25 %) of the original amount of this bond without:wnsent of the Surety. City of Federal Way RFB # 14-101 2014 Asphalt Overlay Project Page 57 2014 RFB ver. 1 -08 Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a ' reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the city of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect ' option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. ' Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of ' default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA&M'). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA&M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. ' The parties have executed this instrument under their separate seals this 24TH day of MARCH 2014, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its ' undersigned representatives pursuant to authority of its governing body. ' CORPORATE SEAL: old CORPORATE SEAL: a,A ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 ICON MATERIALS (DBA OF CPM DEVELOPMENT CORPORATION) PRINCIPAL FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY By: Attorney -in -Fact (Attach Power of Attorney) Tide: JESSICA ARNOLD. ATTORNEYdN -FACT Address. 15 W. SOUTH TEMPLE, STE. 700 SALT LAKE CITY, UT 84101 RFB # 14 -101 Page 58 2014 SURETY ACKNOWLEDGMENT ' STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 24TH day of MARCH, 2014, before me personally came JESSICA ARNOLD to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In -Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows ' the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. 1 � It INotary ublic LISA HALL z Notary Public, State of Utah ',_,, ==g Commission # 605901 ,•, "`}}'x„41/:;! My Commission Expires March 13, 2015 f ' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ' FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New ' York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby ' nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Jessica ARNOLD, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the ' regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. ' The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. t IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of May, A.D. 2012. ATTEST: ' ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 8SAL �r•� B ' Assistant Secretary Vice President Gregory E. Murray Thomas O. McClellan State of Maryland City of Baltimore On this 11th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and ' officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. cV........... . 4tti1 tQ-. c Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 IPOA -F 020 -8022W EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Law§ of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and- the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeig day canted and held on the 10th day of May, 1990. �..Y . RES VE "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature Of�Vic -Pr dent, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy-bf any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manuallyaffixed. IN STIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, t,is,,24T y of MARCH , 20 14 ZAL V' "1 James M. Carroll, Vice President 1 I hereby certify that I am the (6s&ft* Secretary of the Corporation named as Principal in the within bond; that David Gent , who signed the said bond on behalf of the Principal, was General Manaaer/ VP of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of Its governing body. a 'M Secretary I hereby certify that I am the "I U 111 11111 Secretary of the Corporation named as Swety In the within bond; that Tins Davis who signed the said bond on behalf of the Surety, was Attomev -in- Fact of the said Corporation; that I know his or her signature tlwato Is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by ay of Its governing body. City of Federal Way ' 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 59 secretary mouloWNUAW T RFB # 14101 2014 • 1} ' TO: 0 AND TO: EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT The undersigned currently holds contract(s) ' funds or credit of the City of Federal Way, contractor holding such contract(s). with involving Washingto , or (a) subcontract(s) ith a prime ' You are advised that, under the provisions of the above contract(s) or subcontract(s) and in accordance with Section 202 of Executive Order 11246 dated September 24, 1965, the undersigned is obliged not to discriminate against any employee or applicant of employment because of race, ' color, creed or national origin. This obligation not to discriminate in employment includes, but is not limited to, the following: EMPLOYMENT, UPGRADING, TRANSFER OR DEMOTION RECRUITMENT AND ADVERTISING RATES OF PAY OR OTHER FORMS OF COMPENSATION SELECTION FOR TRAINING INCLUDING APPRENTICESHIP, LAYOFF OR TERMINATION This notice is furnished to you pursuant to the provisions of the above contract(s) or subcontractor(s) and Executive Order 11246. Copies of this Notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment. Complaints may be submitted to: City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Jeff Huynh City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Page 60 ICON Matffiais Date RFB # 14 -101 2014 EXHIBIT F CERTIFICATE OF INSURANCE City of Federal Way RFB # 14-101 2014 Asphalt Overlay Project Page 61 2014 RFB ver. 1 -08 Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER. THIS CERTIFICATE IS NOT AN INSURANCE POLICY AND DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. POLICY LIMITS ARE NO LESS THAN THOSE LISTED, ALTHOUGH POLICIES MAY INCLUDE ADDITIONAL SUBLIMIT /LIMITS NOT LISTED BELOW. ' This is to Certify that I ICON Materials (dba of CPM Development POLICY NUMBER ' Corporation) 1508 Valentine Ave SE Pacific WA 98047 NAME AND INSURANCE j aWAY ] u ADDRESS La WAY • OF INSURED ' is, at the issue date of this certificate, insured by the Company under the policy(ies) listed below. The insurance afforded by the listed policy(ies) is subject to all their terms, exclusions and Conditions and is not altered by any requirement, term or condition of any contract or other document with respect to which this certificate may be issued. TYPE OF POLICY EXP DATE ❑ CONTINUOUS ❑ EXTENDED POLICY NUMBER LIMIT OF LIABILITY ❑ POLICY TERM WORKERS COMPENSATION 9/1/2014 WA7 -C8D- 004095 -023 WC7 -C81- 004095 -013 COVERAGE AFFORDED UNDER WC LAW OF THE FOLLOWING STATES: ALL STATES EXCLUDING NONOPOLISTICS STATES AND EMPLOYERS LIABILITY Bodily In't1y by Accident Bodily Injury By Disease $1,000,000 WI Bodily Injury By Disease COMMERCIAL GENERAL LIABILITY 9/1/2014 TB2 -C81- 004095 -113 General Aggregate $2, 000,000 ❑ OCCURRENCE -Per Project Aggregate included. Products / Completed Operations Aggregate ❑ CLAIMS MADE $2,000,000 Each Occurrence $2,000,000 Personal & Advertising Injury $2,000,000 Per Person / Organization RETRO DATE Other FIRE DAMAGE $100,000 er Medical Exp- $5,000 AUTOMOBILE LIABILITY 9/1/2014 AS2 -C81- 004095 -123 Each Accident — single Limit $2 000 000 B.I. And P.D. Combined Each Person ❑ OWNED NON -OWNED Comp Ded $10,000 Coll Ded $10,000 Each Accident or Occurrence �❑ IJ HIRED Each Accident or Occurrence OTHER ADDITIONAL COMMENTS City of Federal Way, its officers, officials, employees, volunteers and agents is listed as additional insured, where required by written contract. Coverage is primary and non - contributory. • If the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. 'NOTICE OF CANCELLATION: (NOT APPLICABLE UNLESS A NUMBER OF DAYS IS ENTERED BELOW.) Liberty Libe Mutual BEFORE THE STATED EXPIRATION DATE THE COMPANY WILL NOT CANCEL OR REDUCE THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNTIL AT LEAST 30 DAYS NOTICE Insurance Group OF SUCH CANCELLATION HAS BEEN MAILED TO: A A FCity of Federal Way Public Works Department Stan Esposito ' 33325 8th Ave S. AUTHORIZED REPRESENTATIVE a Pittsburgh / 0387 U Federal Way WA 98003 -6325 12 Federal Street, Ste. 310 Pittsburgh PA 15212 -5706 412 - 231 -1331 3/25/2014 OFFICE PHONE DATE ISSUED This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by those Companies NM 772 07 -10 CERT NO.: 19577051 CLIENT CODE: LM 44 Kathy Creisher 3/25/2014 8:55:13 AM Page 1 of 1 POLICY NUMBER: TB2 -C81 -004095 -1 13 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section 11 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to inability, for 'bodily injury" or "property dam- age" caused in whole or in part, by 'your work' at the location designated and described In the sched- ule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". Name Of Additional Insured Person(s) Or Organizadon(s): Any owner, lessee, or contractor for whom you have agreed in writing prior to a loss to provide liablitiy insurance SCHEDULE Location And Description Of Completed Operations Any location listed in such agreement IInformation required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 1 CG 20 37 07 04 0 ISO Properties, Inc., 2004 page 1 of 1 1 I ' POLICY NUMBER. TB2 -C81 -004095 -113 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 ' THIS ENDORSENENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modits insurance provided under the following, COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 1I — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated below. Name Of Additional Insured Person(s) Or Organization(s): B. VM respect to the insurance afforded to these addil+onal insureds, the following additional exclu- sions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equip- ment fumished 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 in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. SCHEDULE Any owner, lessee, or contractor for whom yu have agreed in wring prior to a loss to provide liability insurance Location(s) Of Covered Operations Any location listed in such agreement 1 information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1 CG 2010 07 04 C ISO Properties, Inc., 2004 Page 1 of 1 1 ILl 1 Policy Number T132 -C81- 004095 -113 Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE AMENDMENT — SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL. LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART Schedule Parson or Organization: Any person or organization for which such coverge Is required by written contract with the named Insured If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person or organization shown in the Schedule of this endorsement that qualifies as an additional insured on this policy, this policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV - Conditions will not apply. If the appilcable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV - Conditions will govern. However, this insurance is excess over any other insurance available to the additional insured for which it Is also covered as an additional insured by attachment of an endorsement to another policy providing coverage for the same "occurrence ", claim or "suit". LC 24 20 0213 0 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of I Includes copyrighted material of Insurance Services Office, Inc., with Its permission. <, BOND NO. 09152603 EXHIBIT G CITY Of FEDERAL WAY PERFORMANCE/ PAYMENT BOND ' KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned ICON MATERIALS (DBA OF CPM DEVELOPMENT CORPORATION) , ("Principai'l and FIDELITY AND ' DEPOSIT COMPANY OF MARYLAND , the undersigned corporation organized and existing under the laws of the State of MARYLAND and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City'l In the penal sum Of HUNDREDDMENTY SEVEN AND 70(1 THOUSAND ONE Dollars and no /100 ($ 1 +508,127.70 ) for the ' payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. ' This obligation is entered into an Agreement with the City dated ',QJ lncl , 20J-4, for 4A14 P,Ssbj w Ayejfrl ... Pro �-ec� ' NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of ' said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified In the Agreement ' within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. ' And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby ' waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the ' Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25°x6) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 62 2014 RFB ver. 1 -08 I 1 1 In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA&M'). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this24TH day of MARCH 2014 . CORPORATE SEAL OF PRINCIPAL: >. e 1 ICON MATERIALS (DBA OF CPM DEVELOPMENT CORPORATION) PRINCIPAL 01 By: ame Porrson Bond) Its: C erff ra-% All/ "T- b/ P Title) 1508 VALENTINE AVE SE PACIFIC, WA 98047 -2103 (Address) 206 -574 -3910 (Phone) .. 1 4t(2 All � 4 ; - I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation, that I know his or her signature thereto Is genuine, and that said bond was duty signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. , CORPORATE SEAL OF SURETY: ��,nrMlO FQ�s i ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Secretary of Assistant Secretary FIDELITY AND DEPOSIT COMPANY OF MARYLAND SURETY By: Attomey -in -Fact (Attach Power of Attorney) JESSICA ARNOLD, ATTORNEY -IN -FACT (Name of Person Executing Bond) 15 W. SOUTH TEMPLE, STE. 700 SALT LAKE CITY, UT 84101 (Address) 801 -633 -3624 RF13 # 14-101 Page 63 2014 (Phone) APPROVED AS TO FORM: r A. Richar&on, • City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 64 2014 RFB ver. 1 -08 SURETY ACKNOWLEDGMENT STATE OF UTAH } COUNTY OF SALT LAKE } SS On this 24TH day of MARCH, 2014, before me personally came JESSICA ARNOLD to me known, who, being by me duly sworn, did depose and say that she is an Attorney -In -Fact of FIDELITY AND DEPOSIT COMPANY OF MARYLAND the corporation described in and which executed the within instrument; that she knows the corporate seal of said corporation, that the seal affixed to the within instrument is such corporate seal, and that she signed the said instrument and affixed the said seal as Attorney -In -Fact of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. ' Notad ublic LISA HALL '4. , I Notary Public, State of Utah i;,� Commission # 605901 My Commission Expires March 13, 2015 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Tina DAVIS, Lisa HALL, Lindsey PLATTNER and Jessica ARNOLD, all of Salt Lake City, Utah, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. ' IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 11th day of May, A.D. 2012. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND TEAL - � i i Vice President Thomas O. McClellan State of Maryland City of Baltimore On this 11th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and ' officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 111#11t4� c t Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 IPOA -F 020 -8022W ay-4%5l % ' Assistant Secretary Gregory E. Murray ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND TEAL - � i i Vice President Thomas O. McClellan State of Maryland City of Baltimore On this 11th day of May, A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and GREGORY E. MURRAY, Assistant Secretary, of the Companies, to me personally known to be the individuals and ' officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. ' IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 111#11t4� c t Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 IPOA -F 020 -8022W EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attomey -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. MARCH OF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, 20_l. ,�;utJ,l lei '.• — i =AL J «r i W10 James M. Carroll, Vice President n 1 1 EXHIBIT H TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor's agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non - discrimination in federally assisted programs of United States Department of Transportation ( USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non - discrimination IThe contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub - contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulafbns or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to WSDOT or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non - compliance In the event of the contractor's non - compliance with the non - discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: Withholding of payments to the contractor under the contract until the contractor complies, and /or; Cancellation, termination, or suspension of the contract, in whole or in part City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 65 2014 RFB ver. 1 -08 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 66 2014 RFB ver. 1 -08 ' APENDIX A ' SPECIAL PROVISIONS - I L'' ' 2014 ASPHALT OVERLAY The following Special Provisions, which include applicable Amendments to the Standard ' Specifications, shall be used in conjunction with the 2012 Standard Specifications for Road, Bridge and Municipal Construction, as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter ' referred to as the "Standard Specifications ". The Standard Specifications, except as they may be modified or superseded by these Special f work under this contract and the are b reference made ' Provisions, shall govern all phases o or Y Y an integral part of these specifications and contract as if herein fully set forth. Also incorporated into these specifications by reference are: Manual on Uniform Traffic Control Devices for Streets and Highways, 2007 (as revised). ' Standard Plans for Road, Bridge and Municipal Construction, as prepared by the Washington State Department of Transportation and the American Public Works Association, current edition. National Electrical Code, current edition. King County Road Standards — 2007 City of Federal Way Public Works Development Standards These publications are incorporated in this contract by this reference as if set forth herein in full. The Contractor's attention is called to the fact that said publications contain general ' conditions to this contract as well as construction details. The responsibility of supplying himself with those publications shall rest with the Contractor. DESCRIPTION OF WORK ' The work to be performed under this Contract consists of furnishing of materials, equipment, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), and ' performing all work as required by the Contract in accordance with the Contract Documents, all of which are made a part hereof. This contract provides for the improvement of certain streets and roads in the City of Federal Way, as listed on the following page. The project includes overlaying existing asphalt concrete pavement streets in seven (7) different locations within the City of Federal Way. The length, width and scope of work required at each ' location varies. The work shall include but not be limited to: overlaying existing asphalt concrete pavement, in seven (7) different locations within the City of Federal Way. The work shall include but not be limited to: Hot Mix Asphalt pavement overlay (approximately 10,000 ' tons) and Hot Mix Asphalt pavement, pavement repair, planing bituminous pavement, paving fabric, sidewalk, curb and gutter repair, adjustment of existing utility structures, traffic ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 67 2014 RFB ver. 1 -08 markings, traffic signal loops, concrete curb ramps, and all items necessary to complete the work as described in the Contract Documents. The following roads are included in this work: SCHEDULEA — SW 3567 STREET From SW 320TH ST To SW 320TH PL SW35dm ST From 15TH AVE SW To 18TH AVE SW SW 3561H ST From 18TH AVE SW To 207 AVE SW SW 356H ST From 20TH AVE SW To 21ST AVE SW SW 356TH ST From 21ST AVE SW To 22ND AVE SW SW 356TH ST From 22ND AVE SW To CITY LIMIT SCHEDULE 5 — SW 320- ST SW 320TH ST SW 3207x' ST SCHEDULE C — SW 320- ST SW 32r ST SW 320TH ST SCHEDULE D1 -11TH AVESW From 11TH AVE SW From 13TH AVE SW From 14TH WAY SW From 18TH AVE SW To 13TH AVE SW To 14TH WAY SW To 18TH AVE SW To 21ST AVE SW HmAVESW From SW 320TH ST To SW 320TH PL 11THAVESW From SW 320TH PL To SW 322 "D ST 11THAVESW From SW 322ND ST To SW 325TH CT 117HAVESW From SW 325TH CT To SW 325TH PL 11THAVESW From SW 325TH PL To SW 326T11 ST SCHEDULE D2 —11- AVESW 117'AVESW From SW 326TH ST To SW 326TH PL 11THAVESW From SW 320 PL To SW 329TH PL 11THAVESW From SW 329TH PL To SW 330TH CT 11THAVESW From SW 330T" CT To SW 331ST ST 11THAVE5W From SW 331ST ST To SW 332ND PL 11THAVESW From SW 332ND PL To SW 333RD ST 11THAVESW From SW 333RD ST To SW 334TH ST SW 334TH ST From SW 334TH ST To 10TH CT SW SW 3347H ST From 10TH CT SW To 10TH AVE SW SCHEDULE E — TWIN LAKES HIGHLANDS 367HAVESW From SW 330TH ST To SW 331ST ST 36TH AVESW From SW 331ST ST To SW 331ST PL 367H AVESW From SW 331ST ST To SW 332 "D PL 371H CT SW From SW 330T" ST To CS S 38THAVESW From SW 330TH ST To SW 331ST ST 38TH AVESW From SW 331ST ST To SW 331ST PL 397HAVESW From 39TH AVE SW To CS SW 397HAVESW From SW 328TH PL To SW 330TH PL 39THAVESW From SW 331ST PL To SW 332 "D PL 39711 PL SW From SW 328TH PL To SW 329TH PL 39TH PL SW From SW 329TH PL To SW 331ST ST City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 68 2014 RFB ver. 1 -08 ■ Additive ' A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base 4e CT SW From SW 329TH PL To CS N SW 32e PL From 35TH AVE SW To 38TH CT SW ' . 5W 32e PL From 38TH CT SW To 39TH AVE SW ' SW 32e PL From 39TH AVE SW To 39TH PL SW 5W 32e PL From 39TH PL SW To 41ST AVE SW SW 328m PL From 41ST AVE SW To 42 "D AVE SW SW 3297H PL From 39TH PL SW To 40TH CT SW SW 329M PL From 40T'-'CT SW To 42 "D PL SW ' SW 3301" PL From 38TH AVE SW To 39TH AVE SW SW 33e ST From 35TH AVE SW To 361" AVE SW 5W 330" ST From 36TH AVE SW To 37TH CT SW '5W3301H ST From 37TH CT SW To 38TH AVE SW SW 33151; PL From 36TH AVE SW To 38TH AVE SW ' SW 331sT ST SW 33151 ST From From 36TH AVE SW 38TH AVE SW To To CS W 39TH PL SW SW 331sT ST From SW 330TH ST To SW 330TH PL SCHEDULE F— SW 35.00 ST 5352ND ST From Enchanted PKWY S To FOR E ■ DIVISION 1 GENERAL REQUIREMENTS ' The General Requirements shall be as outlined in the 2012 WSDOT /APWA Standard Specifications, together with the APWA Supplement (Division 1 -99), except as modified by these Special Provisions. 1 -01 DEFINITIONS AND TERMS ' 1 -01.3 Definitions (September 12, 2008 APWA GSP) ' Section 1 -01.3 is supplemented with the following: Additive ' A supplemental unit of work or group of bid items, identified separately in the proposal, which may, at the discretion of the Contracting Agency, be awarded in addition to the base bid. Alternate ' One of two or more units of work or groups of bid items, identified separately in the proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Contract Documents See definition for "Contract ". ' Contract Time City of Federal Way RFB # 14 -101 ' 2014 Asphalt Overlay Project Page 69 2014 RFB ver. 1 -08 ■ The period of time established by the terms and conditions of the contract within which the work must be physically completed. Dates Bid Opening Date The date on which the Contracting Agency publicly opens and reads the bids. Award Date The date of the formal decision of the Contracting Agency to accept the lowest responsible and responsive bidder for the work. Contract Execution Date The date the Contracting Agency officially binds the agency to the contract. Notice to Proceed Date The date stated in the Notice to Proceed on which the contract time begins. Substantial Completion Date The day the Engineer determines the Contracting Agency has full and unrestricted use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains for the physical completion of the total contract. Physical Completion Date The day all of the work is physically completed on the project. All documentation required by the contract and required by law does not necessarily need to be furnished by the Contractor by this date. Completion Date The day all the work specified in the contract is completed and all the obligations of the Contractor under the contract are fulfilled by the Contractor. All documentation required by the contract and required by law must be furnished by the Contractor before establishment of this date. Final Acceptance Date The date on which the Contracting Agency accepts the work as complete. Notice of Award The written notice from the Contracting Agency to the successful bidder signifying the Contracting Agency's acceptance of the bid. Notice to Proceed The written notice from the Contracting Agency or Engineer to the Contractor authorizing and directing the Contractor to proceed with the work and establishing the date on which the contract time begins. Traffic Both vehicular and non - vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 70 2014 RFB ver. 1 -08 1 -02 BID PROCEDURES AND CONDITIONS 1 -02.2 Plans and Specifications (June 27, 2011 APWA GSP) Delete this section and replace it with the following: Information as to where Bid Documents can be obtained or reviewed can be found in the Call for Bids (Advertisement for Bids) for the work. After award of the contract, plans and specifications will be issued to the Contractor at no cost as detailed below: To Prime Contractor No. of Sets Basis of Distribution Reduced plans (11" x 17 ") 5 Furnished automatically upon award. Contract Provisions 5 Furnished automatically upon award. Large plans (e.g., 22" x 34 ") 2 Furnished only upon request. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor's own expense. 1 -02.4 Examination of Plans, Specifications, and Site of Work Section 1 -02.4 is supplemented with the following: Minor variations and miscellaneous items may not be shown on the Plans. In accordance with the Standard Specifications, it shall be the contractor's responsibility of examine the site, familiarize himself with all attendant conditions and determine the difficulties an work involved, and he /she shall accept the site in its existing condition at the time of the award of contract. 1 -02.5 Proposal Forms (June 27, 2011 APWA GSP) Delete this section and replace it with the following: At the request of a bidder, the Contacting 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 prices; extensions; summations; the total bid ' amount; signatures; date; and, where applicable, retail sales taxes and acknowledgment of addenda; the bidder's name, address, telephone number, and signature; the bidder's City of Federal Way RFB # 14 -101 ' 2014 Asphalt Overlay Project Page 71 2014 RFB ver. 1 -08 D /M /WBE commitment, if applicable; a State of Washington Contractor's Registration Number; and a Business License Number, if applicable. 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 Form unless otherwise specified. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. The bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). A bid by a partnership shall be executed in the partnership name, and signed by a partner. A copy of the partnership agreement shall be submitted with the Bid Form if any D /M/WBE requirements are to be satisfied through such an agreement. A bid by a joint venture shall be executed in the joint venture name and signed by a member of the joint venture. A copy of the joint venture agreement shall be submitted with the Bid Form if any D/W /MBE requirements are to be satisfied through such an agreement. 1 -02.6 Preparation of Proposal (June 27, 2011 APWA GSP) Section 1 -02.6 is supplemented the second paragraph with the following: The City Of Federal Way invites bids on the form enclosed to be submitted at such time and place as is stated in the Call for Bids. ALL BLANKS IN THE PROPOSAL FORMS MUST BE APPROPRIATELY FILLED IN AND ALL PRICES MUST BE STATED IN LEGIBLE FIGURES. Bids or proposals shall be addressed as follows: Purchasing Office City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 The envelope shall be plainly marked "2014 Asphalt Overlay Project" Proposal envelopes sent by mail shall be further sealed in another envelope, addressed as above. 1- 02.6(1) Interpretation of Bid Documents New Section City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 72 2014 RFB ver. 1 -08 i If any person contemplating submitting a bid for the proposed Contract is in doubt as to the ' true meaning of any part of the plans, specifications or other documents, he may submit to the Engineer a written request for an interpretation thereof. Any interpretation of the proposed Contract documents will be made by an addendum duly issued and a copy of such addendum ' will be mailed or faxed to each person receiving a set of the plans and specifications and each bidder shall acknowledge receipt of such addendum received in order to have the bid considered. The Owner will not be responsible for any other explanations or interpretations of the proposed Contract documents during the advertisement period. No verbal agreement or conversation with any officer, agent or employee of the Owner, 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. Any such verbal Contract shall be considered as unofficial information and in no way binding upon the Owner. ' 1 -02.7. Bid Deposit (October 1, 2005APWA GSP) Section 1 -02.7 is supplemented with the following: ' Bid bonds shall contain the following: 1. Contracting Agency- assigned number for the project; 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 the said signature; 6. The signature of the surety's officer empowered to sign the bond;and the power of attorney. ' If so stated in the Contract Provisions, bidder must use the bond form included in the Contract Provisions. I 1-02.9 Delivery of Proposal (August 15, 2012 APWA GSP, Option A) Delete this section and replace it with the following: Each proposal shall be submitted in a sealed envelope, with the Project Name and Project ' Number as stated in the Call for Bids clearly marked on the outside of the envelope, or as otherwise required in the Bid Documents, to ensure proper handling and delivery. If the project has FHWA funding and requires DBE Written Confirmation Documents or Good Faith Effort Documentation, then to be considered responsive, the Bidder shall submit with their Bid Proposal, written Confirmation Documentation from each DBE firm listed on the City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 73 2014 RFB ver. 1 -08 Bidder's completed DBE Utilization Certification, form 272 -056A EF, as required by Section 1 -02.6. The Contracting Agency will not open or consider any Bid Proposal that is received after the time specified in the Call for Bids for receipt of Bid Proposals, or received in a location other than that specified in the Call for Bids. 1 -02.11 Combination and Multiple Proposals Section 1 -02.11 is supplemented with the following: No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for. A person, firm, or corporation that has submitted a sub proposal to bidder, or that has quoted prices of materials to a bidder is not thereby disqualified from submitting a sub proposal or quoting price to other bidders or making a prime proposal. 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 (March 13, 2012 APWA GSP) Revise item 1 to read: 1. A proposal will be considered irregular and will be rejected if: a. The Bidder is not prequalified when so required; b. The authorized proposal form furnished by the Contracting Agency is not used or is altered; C. The completed proposal form contains any unauthorized additions, deletions, alternate Bids, or conditions; d. The Bidder adds provisions reserving the right to reject or accept the award, or enter into the Contract; e. A price per unit cannot be determined from the Bid Proposal; f. The Proposal form is not properly executed; g. The Bidder fails to submit or properly complete a Subcontractor list, if applicable, as required in Section 1 -02.6; h. The Bidder fails to submit or properly complete a Disadvantaged Business Enterprise Certification, if applicable, as required in Section 1 -02.6; L The Bidder fails to submit written confirmation from each DBE firm listed on the Bidder's completed DBE Utilization Certification that they are in agreement with the bidders DBE participation commitment, if applicable, as required in Section 1- 02.6, or if the written confirmation that is submitted fails to meet the requirements of the Special Provisions; j The Bidder fails to submit DBE Good Faith Effort documentation, if applicable, as required in Section 1 -02.6, or if the documentation that is submitted fails to demonstrate that a Good Faith Effort to meet the Condition of Award was made; City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 74 2014 RFB ver. 1 -08 k. The Bid Proposal does not constitute a definite and unqualified offer to meet the ' material terms of the Bid invitation; or I. 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 (March 81 2013 APWA GSP, Option 8) ' Delete this Section and replace it with the following: A Bidder will be deemed not responsible if the Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1), as amended; or does not meet the following Supplemental Criteria: ' 1. Delinquent State Taxes ' A Criterion: The Bidder shall not owe delinquent taxes to the Washington State Department of Revenue without a payment plan approved by the Department of Revenue. B. Documentation: The Bidder shall not be listed on the Washington State Department of Revenue's "Delinquent Taxpayer List" website: http: / /dorwa.gov/ content / fileandpaytaxes /latefiling /dtlwest.aspx , or if they are so listed, they must submit a written payment plan approved by the Department of Revenue, to the Contracting Agency by the deadline listed below. 2. Federal Debarment A Criterion: The Bidder shall not currently be debarred or suspended by the Federal government. B. Documentation: The Bidder shall not be listed as having an "active exclusion" on the U.S. government's "System for Award Management" database (www.sam.gov). 3. Subcontractor Responsibility A Criterion: The Bidder's standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the Bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The Bidder's subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub -tier subcontractors with whom it contracts are also "responsible" subcontractors as defined by RCW 39.06.020. B. Documentation: The Bidder, if and when required as detailed below, shall submit a copy of its standard subcontract form for review by the Contracting ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 75 RFB # 14 -101 2014 Agency, and a written description of its procedure for validating the responsibility of subcontractors with which it contracts. 4. Prevailing Wages A Criterion: The Bidder shall not have a record of prevailing wage violations as determined by WA Labor & Industries in the five years prior to the bid submittal date, that demonstrates a pattern of failing to pay workers prevailing wages, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall submit a list of all prevailing wage violations in the five years prior to the bid submittal date, along with an explanation of each violation and how it was resolved. The Contracting Agency will evaluate these explanations and the resolution of each complaint to determine whether the violation demonstrate a pattern of failing to pay its workers prevailing wages as required. 5. Claims Against Retainage and Bonds A Criterion: The Bidder shall not have a record of excessive claims filed against the retainage or payment bonds for public works projects in the three years prior to the bid submittal date, that demonstrate a lack of effective management by the Bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, , unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall submit a list of the public works projects completed in the three years prior to the bid submittal date that have had claims against retainage and bonds and include for each project the following information: • Name of project • The owner and contact information for the owner; • A list of claims filed against the retainage and /or payment bond for any of the projects listed; • A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. 6. Public Bidding Crime A Criterion: The Bidder and /or its owners shall not have been convicted of a crime involving bidding on a public works contract in the five years prior to the bid submittal date. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder and /or its owners have not been convicted of a crime involving bidding on a public works contract. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 76 2014 RFB ver. 1 -08 7. Termination for Cause / Termination for Default A Criterion: The Bidder shall not have had any public works contract terminated ' for cause or terminated for default by a government agency in the five years prior to the bid submittal date, unless there are extenuating circumstances and such circumstances are deemed acceptable to the Contracting Agency. B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the ' Bidder has not had any public works contract terminated for cause or terminated for default by a government agency in the five years prior to the bid submittal date; or if Bidder was terminated, describe the circumstances. . 8., Lawsuits A Criterion: The Bidder shall not have lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, unless there are extenuating ' circumstances and such circumstances are deemed acceptable to the Contracting Agency B. Documentation: The Bidder, if and when required as detailed below, shall sign a statement (on a form to be provided by the Contracting Agency) that the Bidder has not had any lawsuits with judgments entered against the Bidder in the five years prior to the bid submittal date that demonstrate a pattern of failing to meet the terms of contracts, or shall submit a list of all lawsuits with judgments entered against the Bidder in the five years prior to the bid ' submittal date, along with a written explanation of the circumstances surrounding each such lawsuit. The Contracting Agency shall evaluate these explanations to determine whether the lawsuits demonstrate a pattern of failing to meet of terms of construction related contracts ' As evidence that the Bidder meets the mandatory and supplemental responsibility criteria stated above, the apparent two lowest Bidders must submit to the Contracting Agency by ' 12:00 P.M. (noon) of the second business day following the bid submittal deadline, a written statement verifying that the Bidder meets all of the mandatory and supplemental criteria together with supporting documentation including but not limited to that detailed ' above (sufficient in the sole judgment of the Contracting Agency) demonstrating compliance with all mandatory and supplemental responsibility criteria. The Contracting Agency reserves the right to request such documentation from other Bidders as well, and ' to request further documentation as needed to assess Bidder responsibility. The Contracting Agency also reserves the right to obtain information from third - parties and independent sources of information concerning a Bidder's compliance with the mandatory ' and supplemental criteria, and to use that information in their evaluation. The Contracting Agency may (but is not required to) consider mitigating factors in determining whether the Bidder complies with the requirements of the supplemental criteria. ' The basis for evaluation of Bidder compliance with these mandatory and supplemental criteria shall include any documents or facts obtained by Contracting Agency (whether ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 77 2014 RFB ver. 1 -08 from the Bidder or third parties) including but not limited to: (i) financial, historical, or operational data from the Bidder; (ii) information obtained directly by the Contracting Agency from others for whom the Bidder has worked, or other public agencies or private enterprises; and (iii) any additional information obtained by the Contracting Agency which is believed to be relevant to the matter. If the Contracting Agency determines the Bidder does not meet the bidder responsibility criteria above and is therefore not a responsible Bidder, the Contracting Agency shall notify the Bidder in writing, with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within two (2) business days of the Contracting Agency's determination by presenting its appeal and any additional information to the Contracting Agency. The Contracting Agency will consider the appeal and any additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Contracting Agency will not execute a contract with any other Bidder until at least two business days after the Bidder determined to be not responsible has received the Contracting Agency's final determination. Request to Change Supplemental Bidder Responsibility Criteria Prior To Bid: Bidders with concerns about the relevancy or restrictiveness of the Supplemental Bidder Responsibility Criteria may make or submit requests to the Contracting Agency to modify the criteria. Such requests shall be in writing, describe the nature of the concerns, and propose specific modifications to the criteria. Bidders shall submit such requests to the Contracting Agency no later than five (5) business days prior to the bid submittal deadline and address the request to the Project Engineer or such other person designated by the Contracting Agency in the Bid Documents. 1 -02.15 Pre Award Information (August 14, 2013 APWA GSP) Revise this section to read: Before awarding any contract, the Contracting Agency may require one or more of these items or actions of the apparent lowest responsible bidder: 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 and time required for the various phases of the work, 4. A breakdown of costs assigned to any bid item, 5. Attendance at a conference with the Engineer or representatives of the Engineer, 6. Obtain and furnish a copy of, a business license to do business in the city 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. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 78 2014 RFB ver. 1 -08 1 -3 AWARD AND EXECUTION OF CONTRACT 1 -03.1 Consideration of Bids (January 23, 2006 APWA G5P) Revise the first paragraph to read: After opening and reading proposals, the Contracting Agency will check them for correctness of extensions of the prices per unit and the total price. If a discrepancy exists between the price per unit and the extended amount of any bid item, the price per unit will control. If a minimum bid amount has been established for any item and the bidder's unit or lump sum price is less than the minimum specified amount, the Contracting Agency will unilaterally revise the unit or lump sum price, to the minimum specified amount and recalculate the extension. The total of extensions, corrected where necessary, including sales taxes where applicable and such additives and /or alternates as selected by the Contracting Agency, will be used by the Contracting Agency for award purposes and to fix the Awarded Contract Price amount and the amount of the contract bond. Supplement with the following: The Owner reserves the right to reject bids on any or all schedules or alternates of the proposal. After reviewing the bids, the Owner may elect to delete any one or combination of schedules from the proposal. 1 -03.3 Execution of Contract (October 1, 2005 APWA GSP) Revise this section to read: Copies of the Contract Provisions including the unsigned Form of Contract, will be available for signature by the successful bidder on the first business day following award. The number of copies to be executed by the Contractor will be determined by the Contracting AaencL Within 5 calendar days after the award date, 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 the 5 calendar days after the award date stated above, the ' Contracting Agency may grant up to a maximum of 5 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 79 RFB # 14 -101 2014 1 -03.4 Contract Bond (October 1, 2005 APWA G5P) 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 a 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 (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, materialperson, or any other person who provides supplies or provisions for carrying out the work; 5. Be accompanied by a power of attorney for the Surety's officer empowered to sign the bond; and 6. Be signed by an officer of the Contractor empowered to sign official statements (sole proprietor or partner) If the Contractor is a corporation, the bond must be signed by the president or vice - president, unless accompanied by 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 -04 SCOPE OF WORK 1 -04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda Section 1 -04.2 is supplemented with the following: The Contract Documents are ordered as follows: 1. The Contract Agreement 2. Change Order 3. Addenda 4. Bid Schedule 5. Special Provisions, including APWA General Special Provisions, if they are included 6. Contract Plans and Standard Details City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 80 2014 RFB ver. 1 -08 7. Standard Specifications (including Standard Plans and Amendments made ' thereto), and Documents incorporated by reference 8. Information for Bidders (Call for Bids) ' (Non- addendum Information given to Bidders at their request) In case of discrepancies, the document(s) assigned the smaller number(s) shall govern over items having larger numbers. Units of measurement in the Bid ' Schedule shall govern over units of measurement in the Specifications and Provisions. On the Plans or drawings, correctly calculated dimensions shall govern over scaled or approximately stated dimensions. In case of nay ' ambiguity or dispute over interpretation of the provisions of the Contract Documents, the decision of the Engineer shall be final. 1 -04.6 Variation in Estimated Quantities Supplement this Section with the following: ' Section 1 -04.6 of the Standard Specifications shall apply except that payment of any one item shall be at the appropriate unit contract price bid, regardless of whether the total ' quantity increases or decreases by more than twenty five percent (25 %). 1 -04.9 Use of Buildings or Structures Section 1 -04.9 is supplemented with the following: Use of Adjacent Properties It shall be the Contractor's responsibility to confine his construction activities within the right of way limits, unless he makes separate arrangements for use of private property. Before using any private property adjoining the work, the Contractor shall file with the ' Engineer a written permission of the property owner and upon vacating the premises the Contractor shall furnish the Engineer with a release from all damages, properly executed by the property owner and satisfactory to the Owner. The Contractor shall confine his equipment, storage of materials and operation of work to the limits indicated by law, ordinances, permits or direction of the Engineer and shall not ' unreasonably encumber the premises with his materials. 1 -04.11 Final Cleanup Section 1 -04.11 is supplemented with the following: Finish and cleanup shall be accomplished as specified in Section 1 -04.11 of the Standard ' Specifications and shall be considered as incidental to the construction of the project and all costs thereof shall be included by the Contractor in the unit cost price of other bid items. ' 1- 04.11(A) Disposal New Section ' Disposal of all excess excavated material and debris shall be the sole responsibility of the Contractor unless otherwise directed by the Engineer. It should be noted that a permit is required to fill within the City limits or Federal Way. ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 81 2014 RFB ver. 1 -08 Disposal shall be considered as incidental to the construction of the project and all costs thereof I shall be included by the Contractor in the unit prices of other bid items. 1 -05 CONTROL OF WORK 1- 05.1(A)Determination of "Or Equivalent" New Section The Engineer will be the sole judge in the question of "or equivalent" of any supplies or materials proposed by the Contractor. The Contractor shall pay to the Owner the cost of tests and evaluation by the Engineer to determine acceptability of alternates proposed by the Contractor, in accordance with the established rates of the Engineer for time and expense work, the total cost of which may be offset by the Owner against the Contract price. 1 -05.3 Plans and Working Drawings Section 1 -05.3 is supplemented with the following: Shop drawings and /or catalog cuts shall be furnished by the Contractor for all items indicated in various sections of these contract plans, Standard Specifications, and Special Provisions. A minimum of five (5) copies shall be submitted for the Owner and Engineer's use; additional copies required by the Contractor shall be submitted at the same time. The Contractor's copies will be returned to him with the appropriated action. 1 -05.5 Construction Stakes New Section Intent - It is the intent of this section to define the staking services that the Owner will furnish, and to set forth the responsibilities of the Contractor respecting the use and maintenance of same. Scope - The Owner will furnish the stakes and reference marks for the construction of the improvements covered by this contract. No stakes other than those enumerated will be furnished, except as requested in writing by the Contractor and paid for by him. This applies to all re- staking for whatever reason, as well as for additional staking which the Contractor may request. Notification - The Contractor shall keep the Engineer informed in advance as to when and where he intends to work, thus enabling the Engineer to set the engineering control points, lines, and grades with a minimum of delay and interference. The Contractor shall notify the Engineer at least forty -eight (48) hours in advance of the date when specific staking services are desired and shall stipulate at that time the particular stakes or marks required, giving the specific location and /or limiting stations, kind of stakes, offsets, and other pertinent information. Delays by reason of lack of stakes are deemed a risk to the Contractor and shall not be the basis for claims for additional compensation. Control Stakes - Stakes which constitute reference points for all construction work will be conspicuously marked with an appropriate color of flagging tape. It will be the responsibility of the Contractor to inform his employees and his subcontractors of their importance, and the necessity for their preservation. The cost of replacing such controls, should it become City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 82 2014 RFB ver. 1 -08 necessary for any reason whatsoever, shall be at the Contractor's expense. If the removal of a ' control stake is required by the construction operations of the Contractor or his subcontractors, advance notice of at least forty-eight (48) hours shall be given to the Engineer, who will reference and remove said stake or stakes at no cost to the Contractor. ' Checking Service - Should occasion arise where the validity of a stake is questionable, either as to its location or the offset marked thereon, or as to the elevation of cut or fill marked thereon, I' the Contractor shall notify the Engineer, who will check the stake or stakes in question. It shall be the Contractor's responsibility to examine the stakes before commencing operations. Any stakes found to be in error will be reset. There will be no charge to the Contractor for this ' service; and it is understood and agreed that the Owner will not be charged for any standby or "down" time as a result of such checking and /or resetting procedure. Staking Services The Owner will furnish the following stakes and reference marks as applicable: 1. Handicapped Ramps - Locations and limits of removal shall be established for removal ' and replacement of curb ramp. 2. Limits of overlay - Locations and limits of the asphalt overlay will be established. i f re 3. Pavement Repair Location and limits pavement o pa air areas will be established. p p 4. Sidewalk, Curb and Gutter - Locations and limits of removal shall be established. 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) Supplement this section with the following: ' If the Contractor fails to remedy defective or unauthorized work within the time specified in a written notice from the Engineer, or fails to perform any part of the work required by the Contract Documents, the Engineer may correct and remedy such work as may be identified ' in the written notice, with Contracting Agency forces or by such other means as the Contracting Agency may deem necessary. ' If the Contractor fails to comply with a written order to remedy what the Engineer determines to be an emergency situation, the Engineer may have the defective and unauthorized work corrected immediately, have the rejected work removed and replaced, or ' have work the Contractor refuses to perform completed by using Contracting Agency or other forces. An emergency situation is any situation when, in the opinion of the Engineer, a delay in its remedy could be potentially unsafe, or might cause serious risk of loss or ' damage to the public. Direct or indirect costs incurred by the Contracting Agency attributable to correcting and ' remedying defective or unauthorized work, or work the Contractor failed or refused to perform, shall be paid by the Contractor. Payment will be deducted by the Engineer from monies due, or to become due, the Contractor. Such direct and indirect costs shall include in ' particular, but without limitation, compensation for additional professional services required, and costs for repair and replacement of work of others destroyed or damaged by correction, removal, or replacement of the Contractor's unauthorized work. City of Federal Way RFB # 14 -101 ' 2014 Asphalt Overlay Project Page 83 2014 RFB ver. 1 -08 No adjustment in contract time or compensation will be allowed because of the delay in the performance of the work attributable to the exercise of the Contracting Agency's rights provided by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting Agency's right to pursue any other avenue for additional remedy or damages with respect to the Contractor's failure to perform the work as required. 1 -05.11 Final Inspection Delete this section and replace it with the following: 1 -05.11 Final Inspections and Operational Testing (October 1, 2005APWA GSP) 1- 05.11(1) Substantial Completion Date When the Contractor considers the work to be substantially complete, the Contractor shall so notify the Engineer and request the Engineer establish the Substantial Completion Date. The Contractor's request shall list the specific items of work that remain to be completed in order to reach physical completion. The Engineer will schedule an inspection of the work with the Contractor to determine the status of 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 therefor. 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 Completion Date and final inspection. shall be repeated until the Engineer establishes the Substantial the Contractor considers the work physically complete and ready for ' 1- 05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 84 2014 RFB ver. 1 -08 II� 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 acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing It is the intent of the Contracting Agency to have at the Physical Completion Date a interruption until physical completion of the listed deficiencies. This process will continue ' until the Engineer is satisfied the listed deficiencies have been corrected. If action to correct the listed deficiencies is not initiated within 7 days after receipt of the written notice listing the deficiencies, the Engineer may, upon written notice to the ' Contractor, take whatever steps are necessary to correct those deficiencies pursuant to Section 1 -05.7. 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 acceptance of the work or that all the obligations of the Contractor under the contract have been fulfilled. 1- 05.11(3) Operational Testing 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. I 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. I 1-05.12(l) One -Year Guarantee Period (March 8, 2013 APWA GSP, may not be used on FHWA funded projects) ' The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 85 2014 RFB ver. 1 -08 1 It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of ' machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final ' inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical ' Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and ' equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and ' corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to ' successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. I 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. I 1-05.12(l) One -Year Guarantee Period (March 8, 2013 APWA GSP, may not be used on FHWA funded projects) ' The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made by the ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 85 2014 RFB ver. 1 -08 1 Contracting Agency's own forces or another contractor, in which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish ' corrections within the time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for ' correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. ' This guarantee is supplemental to and does not limit or affect the requirements that the Contractor's work comply with the requirements of the Contract or any other legal rights or I remedies of the Contracting Agency. 1 -05.12 (2) Maintenance Periods New Section I On non -FHWA projects, when the work involves such items as machinery or other mechanical equipment, either furnished or installed by the Contractor or, furnished by the Owner and installed by the Contractor; buildings; or work which may otherwise be of such a nature that it is desirable by the Owner to have the Contractor maintain and /or test the work for a period of time after final inspection by the Engineer, the following shall apply. It is the intent of the Owner to have at final acceptance, a complete and operable system. Therefore, such items of work as may be listed in the Contract documents shall be fully tested under operating conditions to ensure their acceptability prior to final acceptance. The Contractor shall, upon completion of the work and following final inspection, operate the complete system under the observation of the Engineer for a test period of no less than fourteen (14) consecutive calendar days. During and following this 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. All equipment, electrical controls, meters and other devices to be tested during this period will be tested under the supervision of the Engineer so as to determine their suitability for the purpose for which they were installed. All costs for power, gas, labor material, supplies and incidentals, shall be borne by the Contractor unless specifically set for otherwise in the Contract Documents. When such periods are desired by the Owner, such periods shall not affect any manufacturer's guarantees or warranties furnished to the Owner under the terms of the Contract. The Contractor's attention is called to Section 1 -05.18 of these Special Provisions. 1 -05.13 Superintendents, Labor and Equipment of Contractor (March 25, 2009 APWA GSP) Revise the seventh paragraph to read: Whenever the Contracting Agency evaluates the Contractor's qualifications pursuant to Section 1- 02.14, it will take these performance reports into account. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 86 2014 RFB ver. 1 -08 1 -05.14 Cooperation with Other Contractors Section 1 -05.14 is supplemented with the following: The Contractor shall pay special attention to the fact that other projects may be under ' construction at some time during the operation of this project. Said projects may contain work which is supplemental to this project. The Contractor must ascertain to his own satisfaction the impact that said project(s) could have on his operations and be prepared to coordinate his work with the same if required. The Owner shall not be responsible for any damages suffered or extra costs incurred by the ' Contractor resulting directly or indirectly from the performance or attempted performance of any other contract or contracts existing or known to be pending at the time of bid. ' The Contractor shall coordinate his work with other contractors and utility companies which may have facilities in the project area and cooperate with them. He shall also coordinate his activities with the Owner. No water mains, individual water services, street, or private ' drives may be closed off without a minimum of forty -eight (48) hours notice to the Owner and the private property owner. Should the property owner or the Owner have adequate reason, as determined by the Engineer, to avoid access or water service shutoff at the ' scheduled time, the Contractor shall reschedule his work to meet the new condition. Other utilities, districts, agencies, and /or contractors who may be working within the ' project area are as follows: 1. Puget Sound Energy Company 2. CenturyLink Communications 3. AT &T Telephone Company 4. Comcast Cable Communications 5. Lakehaven Utility District ' 6. City of Tacoma Public Utilities 7. Midway Sewer District 8. Highline Water District 9. City of Federal Way Surface Water Management Division 10. City of Federal Way Traffic Division 11. King County Public Works Department ' 12. Washington State Department of Transportation The Contractor shall adjust catch basins and storm manholes to grade. The Contractor ' shall be responsible for coordinating his work with the Owner to accommodate this work. 1- 05.14(A) Notifications Relative to Contractor's Activities New Section Notification shall be written, with a copy delivered to the Engineer within a minimum of two ' working days prior to the commencement of work, including any work impacting utilities, and must be in such detail as to give the time of the commencement and completion of work, names of streets to be closed, schedule of operations, routes of detours where possible. The ' Contractor shall also notify the below listed agencies of the name(s) of the construction superintendent in responsible charge, or other individuals having full authority to execute the ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 87 2014 RFB ver. 1 -08 n orders or direction of the Engineer, in the event of an emergency. Failure to comply with this requirement will result in a stop work order. City of Federal Way South King Fire & Rescue Police Department 31617 ist Ave S 33325 8th Avenue South Federal Way, WA 98003 Federal Way, WA 98003 -6325 Telephone: 253 - 839 -6234 Telephone: 253- 835 -6701 (Emergency only) (Emergency only) King County Metro Federal Way School District 12706 th Avenue South, Bldg. 2 Transportation Department MS:QS 1211 South 332 "d Street Seattle, WA 98134 Attn: Cindy Wendland Telephone: 206 - 684 -2785 Federal Way, WA 98003 Telephone: 253 - 945 -5965 Puget Sound Energy (Gas) CenturyLink Communications 3130 South 38th Street Tac -LL 2510 84th Street, Suite 18 Tacoma, WA 98409 Lakewood, WA 98499 Attn: Anita Yurovchak Attn: Tonna Baruso Telephone: 253 - 476 -6034 Telephone: 253 - 597 -4018 Puget Sound Energy (Power) Comcast Cable Communications 14103 8th Street East 4020 Auburn Way North Sumner, WA 98390 Auburn, WA 98002 Attn: Dennis Booth Attn: Mike Violette Telephone: 253 - 606 -4787 Telephone: 253 - 261 -1409 Lakehaven Utility District Tacoma Water Utilities PO Box 4249 3628 South 35th Street Federal Way, WA 98003 Tacoma, WA 98409 Attn: Gene Yoder Attn: Gary Gate Telephone: 253 - 261 -1741 Telephone: 253 - 502 -8742 Tacoma Public Utilities Tacoma Public Utilities City Light Division Systems Tacoma Water Distribution Engineering PO Box 11007 3628 South 35th Street Tacoma, WA 98411 Tacoma, WA 98409 Attn: Thad Glassy Attn: Ryan Flynn Telephone: 253 - 502 -8704 Telephone: 253 - 396 -3111 King County Traffic Operations Pierce Transit 155 Monroe Avenue NE 370196 th Street SW Renton, WA 98056 Lakewood, WA 98499 Attn: Mark Parrett Attn: Dixie Sciacqua Telephone: 206 - 296 -8153 Telephone: 253 - 581 -8001 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 88 2014 RFB ver. 1 -08 J AT &T Cable Maintenance ' 11241 Willow Road NE, Suite 130 Redmend, WA 98052 Attn: Dan McGeough Telephone: 425 - 896 -9830 1- 05.14(B) Coordination of Work with City New Section At least a three (3) working day written notification shall be required on all requests for ' engineering services other than inspection. All requests shall be coordinated with the Engineer. All costs resulting from delays in which requests were not coordinated with the Engineer shall be the sole responsibility of the Contractor. 1 -05.17 Oral Agreements (October 1, 2005AWPA GSP) 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 Defects Arising in One Year and Remedies New Section The Contractor shall be responsible for correcting all defects in workmanship and material within one year after acceptance of this work by the City of Federal Way. When corrections of defects are made, the Contractor shall be responsible for correcting all defects in workmanship ' and /or materials in the corrected work for one year after acceptance of the corrections by the Owner. The Contractor shall start work to remedy such defects within seven (7) calendar days of mailing notice of discovery thereof by the Owner and shall complete such work within a ' reasonable time. In emergencies, where damage may result from delay or where loss of services may result, such corrections may be made by the Owner, in which case the cost shall be borne by the Contractor. In the event the Contractor does not accomplish corrections at the ' time specified, the work will be otherwise accomplished and the cost of same shall be paid by the Contractor. These actions will be pursuant to the provisions of Section 1 -05.8 of the Standard Specifications. The Contractor shall be liable for any costs, losses, expenses, or damages, including consequential damages suffered by the Owner resulting from defects in the Contractor's work ' including, but not limited to, cost of materials and labor extended by Owner in making emergency repairs and cost of engineering, inspection and supervision by the Owner or the Engineer. The Contractor shall hold the Owner harmless from any and all claims which may be 1 made against the Owner as a result of any defective work and the Contractor shall defend any such claims at his own expense. The Contractor agrees the above one year limitation shall not exclude or diminish the Owner's rights under any law to obtain damages and recover costs resulting from defective and unauthorized work discovered after one year but prior to the expiration of the legal time period ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 89 2014 RFB ver. 1 -08 set forth in RCW 9.16.040 limiting actions upon a contract in writing or liability, expressed or implied, arising out of a written agreement. 1 -06 CONTROL OF MATERIAL 1- 06.2(2) Statistical Evaluation of Materials for Acceptance Delete this section in its entirety. 1 -07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1 -07.1 Laws to be Observed Revise to read: The Contractor shall indemnify, defend, and save harmless to the Contracting Agency (including any agents, officers, and employees) against any claims that may arise because the Contractor (or any employee of the Contractor or subcontractor or materialman) violated a legal requirement. Supplement this section with the following: 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, 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. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 90 2014 RFB ver. 1 -08 ■ 1 -07.2 State Taxes 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 t 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 State Sales Tax (June 27, 2011 APWA GSP) The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1- 07.2(1) through 1- 07.2(3) 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(2) describes this exception. The Contracting Agency will pay the retained percentage (or release the Contract Bond if a FHWA- funded Project) 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 60.28.051). 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(1) 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 a part of the street or ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 91 2014 RFB ver. 1 -08 ■ 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, apply to the constructing and repairing of new or- existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1- 07.2(3) 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 with the following: In addition to the requirements of Section 1 -07.5 of the Standard Specifications, the Contractor shall comply with all applicable Federal, State, County and City environmental provisions of law including, but not limited to, the following: City of Federal Way: Zoning Code and Noise Ordinance King County: Ordinance No. 1488 Resolution No. 18801 Resolution No. 25789 Puget Sound Air Pollution Control Agency: Regulation No. 1 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 92 2014 RFB ver. 1 -08 Resolution No. 194 The above environmental provisions are incorporated into this contract by this reference as if set forth herein in full. Copies of the City of Federal Way Provisions are available for perusal at the Public Works Department. The Contractor shall be liable for the payment of all fines and penalties resulting from failure to comply with the federal, state, and local pollution control regulations. 1- 07.5(5) Archaeological and Historic Preservation New Section The Contractor shall notify the Engineer if any artifacts, skeletal remains, or other archaeological resources (as defined under RCW 27.53.040) are unearthed during excavation or otherwise discovered on the construction site. If ordered by the Engineer, the Contractor shall immediately suspend any construction activity which, in the opinion of the Engineer, would be in violation of RCW 27.53. Suspension of the work shall remain in effect until the Engineer has obtained permission to proceed from the State Historic Preservation Officer. 1 -07.6 Permits and Licenses Section 1 -07.6 is supplemented with the following: The Contractor shall procure at his own expense all permits and licenses which are necessary and incidental to his operation in the performance of the work and give all notices required by such permits and licenses. A copy of each permit and license shall be furnished to the Engineer upon request. The Contractor shall be required to have a valid Owner business license and shall provide proof of same prior to execution of the contract. 1 -07.9 Wages Section 1 -07.9 is supplemented with the following: The Washington State prevailing wage rates published by the Department of Labor and Industries and the Davis -Bacon wage rates for the State of Washington will be incorporated into each contract as applicable. When a public works project is subject to the provisions of the Washington State public 1 works law and the Federal Davis -Bacon and related acts, the Contractor and every subcontractor on that project must pay at least the Washington State prevailing wage rates, if they are higher than the federal prevailing wage rates for the project. The Owner has included a schedule of the applicable Department of Labor and Industries published Washington State prevailing wage rates in the contract documents (Appendix Q. The Contractor must do the same with contracts with all subcontractors (WAC 296 - 127 -011). ' Bidders should be aware that the wage rates to apply during the entire contract period are those in effect on the day of bid opening unless the contract is not awarded within six months of this date. ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 93 2014 RFB ver. 1 -08 For bidding purposes each bidder shall be responsible for supplying himself with the appropriate wage rates. 1- 07.9(5) Required Documents (January 24, 2011 APWA GSP) Supplement this section with the following: The Contractor or subcontractor directly contracting for "Off -Site, Prefabricated, Non - Standard, Project Specific Items" as defined below shall identify and report information required on the addendum to the "Affidavit of Wages Paid" form filed with the Department of Labor and Industries [form F700- 164 -000]. The Contractor shall include language in its subcontracts requiring subcontractors and lower -tier subcontractors to comply with the reporting requirements for "Off -Site, Prefabricated, Non - Standard, Project Specific Item" on the Affidavit of Wages Paid form addendum. The reporting requirement for Items shall apply for all public works contracts estimated to cost over $1 million entered into by the Contracting Agency and Contractor between September 1, 2010 through December 31, 2013. "Off -site, prefabricated, nonstandard, project specific items" means products or items that are: 1. Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; and 2. Produced specifically for this Project and not considered to be regularly available shelf items; and 3. Produced or manufactured by labor expended to assemble or modify standard items; and 4. Produced at an off -site location outside the State of Washington. The Contractor or subcontractor shall comply with the reporting requirements and instructions on the Affidavit of Wages Paid form, and shall report the following information on the Affidavit of Wages Paid form submitted to the Department of Labor and Industries in order to comply with the reporting requirements for use of "Off -Site, Prefabricated, Non - Standard, Project Specific" items: 1. The estimated cost of the project; 2. The name of the Contracting Agency and the project title; 3. The contract value of the off -site, prefabricated, nonstandard, project specific items produced outside of Washington State, including labor and materials; and 4. The name, address, and federal employer identification number of the contractor that produced the off -site, prefabricated, nonstandard, project specific items. The Contracting Agency may direct the Contractor, at no additional cost to the Contracting Agency, to remove and substitute any subcontractors) found to be out of compliance with the "Off -Site Prefabricated Non - Standard Project Specific Items" reporting requirements more than one time as determined by the Department of Labor and Industries. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 94 2014 RFB ver. 1 -08 ISupplement with the following: Employee labor descriptions used on Certified Payrolls shall coincide exactly with the labor descriptions on the minimum wage schedule in the Contract unless the Engineer approves an alternate method to identify labor used by the Contractor to compare with labor listed in the Contract Provisions. 1 -07.15 Temporary Water Pollution/ Erosion Control Section 1 -07.15 is supplemented with the following: Temporary water pollution /erosion control work shall be performed as directed by the Engineer, as necessary to protect the project site and surrounding area, per this section of the Standard Specifications. All costs for temporary water pollution /erosion control work shall be incidental to other items of the contract, and no separate payment will be made. 1 -07.16 Protection and Restoration of Property 1- 07.16(1) Private /Public Property ' Section 1- 07.16(1) is supplemented with the following: The Contractor shall protect private or public property on or in the vicinity of the work site. ' He shall ensure that it is not removed, damaged, destroyed, or prevented from being used unless the contract so specifies. The Contractor shall not trespass upon private property and shall be responsible for all ' injury or damage to persons or property, directly or indirectly, resulting from his operations in completing this Work. He shall comply with the laws and regulations of the Owner, County, and State and Federal governments, relating to the safety of persons and property, and will be held responsible for and required to make good any injury or damage to persons or property caused by carelessness or neglect on the part of the Contractor or subcontractor(s), or any agent or employee of either during the progress of the Work and until its final acceptance. Property includes land, utilities, trees, landscaping, improvements legally on the ' right -of -way, markers, monuments, buildings, structures, pipe, conduit, sewer or water lines, signs, and other property of all description whether shown on the Plans or not. ' If the Engineer requests in writing, or if otherwise necessary, the Contractor shall at his expense install protection, acceptable to the Engineer, for property such as that listed in the previous paragraph. The Contractor is responsible for locating all property that is ' subject to damage by his operation. If the Contractor (or his agents /employees) damage, destroy, or interfere with the use of ' such property, he shall restore it to original condition at his expense. He shall also halt any interference with the property's use. The Engineer may have such property restored by ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 95 2014 RFB ver. 1 -08 other means and subtract the cost from money that will be or is due the Contractor if he refuses or does not respond immediately. The Contractor shall restore to a condition equal to the original condition improvements such as pavements, driveways, gravel shoulders, ditches, culverts, curb, curb and gutter, sidewalks, fences, pavement markings, mailboxes, traffic signs, traffic signal loops, landscaping, public and private utilities etc., which are damaged or removed (and not indicated to be removed) during construction, whether shown on the plans or not. All existing survey monuments and property corner markers shall be protected from movement by the Contractor. All existing markers and /or monuments that must be removed for construction purposes are to be referenced by survey ties and then replaced by a professional land surveyor registered in the State of Washington. All existing property corner markers disturbed or removed by the Contractor's operations which, in the opinion of the Engineer, were not required to be removed for construction purposes shall be replaced at the Contractor's own expense by a Professional Land Surveyor registered in the State of Washington. Any of these monuments damaged must be reset to second order, first class specifications. Sprinkler irrigation systems found to encroach within the limits of improvements shall be modified as necessary to ensure satisfactory operation upon completion of the improvements. This work will include, but not be limited to, cutting and capping existing pipe, relocating existing risers and sprinkler heads new pipe heads and connections, and testing of the system. All work shall be done in conformance to acceptable standards. This shall be incidental to the contract. The Contractor shall contact the owners of any ditches, irrigation lines and appurtenances which interfere with the Work. The Contractor shall be liable for any damage due to irrigation facilities damaged by his operations and shall repair such damaged facilities to an "equal or better than" original condition. 1- 07.16(2) Vegetation Protection and Restoration Delete the fourth paragraph and replace it with the following: If due to, or for any other reason related to, the Contractor's operation, a tree any tree, shrub, ground cover or herbaceous vegetation is destroyed, seriously damaged, or disfigured, that was not ordered removed, the Contractor shall replace it with approved nursery stock of the same species. In addition to replacement, the Contractor will be assessed any appropriate liquidated damages for trees as described below. The assessment will be deducted from monies due the Contractor. For non - merchantable timber, the Contractor will be assessed liquidated damages of $10 for each inch of difference in circumference when a replacement tree is smaller than the original. For merchantable timber, the Contractor will be assessed liquidated damages of either $10 for each circumferential inch or the estimated market value delivered to a mill, whichever is the larger amount. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 96 2014 RFB ver. 1 -08 The Engineer will measure circumference twelve inches (12 ") above ground level. The ' replanting shall be according to Section 8 -02 and during the first fall or spring planting period after damage, or as the Engineer directs. ' It may be necessary to trim trees or bushes in order to have the necessary clearance for planning and paving equipment on streets that are to be overlaid. Any costs for trimming of trees or bushes in required for the construction of the overlay will be considered ' incidental to the contract. 1- 07.16(3) Fences, Mailboxes, Incidentals Section 1- 07.16(3) is supplemented with the following: The Contractor shall maintain at his expense any temporary fencing to preserve livestock, ' crops, or property when working through or by private property. He is liable for all damages if he does not comply with this requirement. ' When it is necessary to temporarily move existing mail or paper boxes, their usefulness shall not be impaired. The boxes shall be reinstalled at the original location or at locations ordered by the Engineer. New supports or boxes will not be required unless damaged by the Contractor. Any damage caused by the Contractor shall be at his expense for replacement or repairs. 1 -07.17 Utilities and Similar Facilities Section 1 -07.17 is supplemented with the following: The Contractor shall protect from damage private and public utilities, including telephone and telegraph lines, power lines, sewer and water lines, railroad tracks and appurtenances, highway lighting and signal systems, and similar facilities. ' Underground utilities of record will not be shown on the construction Plans. The Owner assumes no responsibility for improper locations or failure to show utility locations on the Plans. Attention is directed to the possible existence of underground facilities which are not shown in the Plans. This requirement does not excuse the Contractor from its duty to examine in t detail all plans of water, gas, telephone, electric power and combined sewerage utilities available with utility owners as required above. ' The location of existing underground utilities, as shown on the plans, is approximate only, and the Contractor shall be responsible for determining their exact location. The Contractor shall check with the utility companies concerning any possible conflict prior to commencing ' excavation in any area, as not all utilities may be shown on the plans. The Contractor shall call the Utility Location Request Center (One Call Center) for field ' location, not less than two or more than ten business days before the scheduled date for commencement of excavation which may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other ' than Saturday, Sunday or a legal local, State, or Federal holiday. The telephone number for the One Call Center for this project is 1- 800 - 424 -5555. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 97 RFB # 14 -101 2014 The Contractor is also warned that there may be utilities on the project that are not part of the One Call System. They must be contacted directly by the Contractor for locations. The Contractor shall be responsible for any breakage of utilities or services resulting from his operations, and shall hold the Owner and its agents harmless from any claims resulting from disruption of or damages to same. The Contractor shall be entirely responsible for coordination with the utility companies and arranging for the movement or adjustment, either temporary or permanent, of their facilities within the project limits. See Section 1 -05.14 of these Special Provisions. When the facility owner is responsible for removing or relocating the facilities, it is anticipated that this will be accomplished in advance of construction. If the Contractor notes the presence of any such facility, he shall immediately notify the Engineer in writing. The right is reserved to the Owner and the owners of facilities, or their authorized agents, to enter upon the right -of -way for the purpose of making changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs. The Contractor shall cooperate with forces engaged in this work and shall conduct his operations in such a manner to avoid any unnecessary delay or hindrance to the work being performed by other forces. Wherever necessary, the Contractor's work shall be coordinated with the rearrangement of utility or other facilities, and the Contractor shall make arrangements with the owner of the facilities for the coordination of the work. When the relocation of these facilities are necessary to accommodate the Work, the Engineer will provide for the relocations of these facilities by other forces, or the relocations shall be performed by the Contractor pursuant to written authorization and will be paid for by applicable unit prices, agreed price, or as force account. All other costs incurred as a result of performance of the Contractor's obligations in this section shall be incidental to the contract and included in the unit prices. No additional compensation will be made to the Contractor for reason of delay caused by the actions of any utility company and the Contractor shall consider such costs to be incidental to the other items of the contract. Contractor warrants and represents that it has personally, or through its employees and /or subcontractors, examined the right -of -way areas subject to this agreement and that it is knowledgeable of specific locations for water, gas, telephone, electric power and combined sewerage utilities within such rights -of -way. Contractor further warrants and represents that it has also examined in detail plans of such utilities provided to it by the Owner and affected utility companies or entities. Contractor also warrants and represents that it is fully aware of the statutory provisions contained in RCW 19.122.010 through .900, that it has read and fully understands the same, and that it will comply with the requirements of these provisions which are incorporated by reference herein. Contractor agrees that it shall be an "excavation" as defined under RCW Chapter 19.122 and that such utilities constitute underground facilities. The parties agree that remedies affected under RCW Chapter 19.122 are also incorporated City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 98 2014 RFB ver. 1 -08 by reference herein. Any cost to the Contractor as a result of this law shall be at the Contractor's expense. Contractor also agrees that it shall fully comply with Sections 1 -07.16 and 1 -07.17 relating ' to Protection and Restoration of Property, Utilities and similar facilities, and public liability and property damage insurance provisions of the Standard Specifications as supplemented by these Special Provisions. 1 -07.18 Public Liability and Property Damage Insurance Section 1 -07.18 is supplemented with the following: The Contractor shall obtain and keep in force during the term of construction and throughout the specified term of maintenance, public liability and property damage insurance. This insurance shall provide coverage for the Contractor and all Subcontractors performing work on projects under Owner contract or authorized by Owner permit, as well as provide coverage for the Owner for the limits specified. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor, the Subcontractor, or by anyone directly or indirectly employed by any of the parties involved. The minimum policy limits of such insurance shall be as listed on the Certificate of Insurance included in the Bid Documents section of these Contract Provisions. The insurance must have reference to project name, project location, and contain a brief description of the project. THE CITY OF FEDERAL WAY, ITS ELECTED AND /OR APPOINTED OFFICIALS, ITS EMPLOYEES, AND AGENTS MUST BE THE NAMED INSURED, CO- INSURED, OR ADDITIONAL INSURED insofar as the work and obligations performed under City contract or by City permit is concerned. 1 -07.23 Public Convenience and Safety Section 1 -07.23 is supplemented with the following: The Contractor shall maintain the roads during construction in a suitable condition to not adversely affect vehicular traffic. All costs to maintain the roads shall be borne by the Contractor. If operations of the Contractor are shown to significantly impede traffic flow during peak hours of traffic, the Engineer shall have the authority to restrict the Contractor to time of operation on the street. If the Contractor requires delays or limited term street closure beyond that provided for ' herein, he shall request in writing the approval of the Engineer a minimum of five (5) working days in advance of the anticipated delay or closure. Such request shall state the reason, the location, the time and date, and the duration of the required delay or closure. ■ The Contractor shall maintain convenient access for local traffic and pedestrians to driveways, houses, and buildings along the line of work. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. The ■ Contractor shall notify all property owners and tenants of street and alley closures, or other restrictions which may interfere with their access. Notification shall be at least forty-eight ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 99 2014 RFB ver. 1 -08 ■ (48) hours in advance, and shall include placing notification signs within the affected areas, and delivering notices to all property owners and tenants. Work involved with the distribution of notices to all of the property owners will be considered incidental to the contract. The Contractor shall notify the local refuse /recycling collection service, transit services, school district, postal service, fire and police departments in writing before the beginning of operations, and provide a schedule of activities along with the associated time line, so that these agencies may reroute their vehicles around the construction zone. If rerouting is not possible, as determined by these agencies /services, the Contractor shall provide reasonable access through the construction zone at all times. Inconvenience caused by equipment or materials across driveways and sidewalks shall be kept to a minimum by restoring the serviceability of the drive or sidewalk as soon as possible. Before blocking driveways, the Contractor shall notify the properly owner. The Contractor shall replace or repair any damage done to driveways to not less than the condition existing prior to the Contractor's work. Unless otherwise indicated in the Plans, on- street parking areas will be allowed to be utilized by the Contractor for work and storage areas, pending notification of the users and approval by the Engineer, two (2) working days in advance. When patching pavement or placing new pavement, the Contractor shall replace the , ultimate full depth asphalt concrete pavement section excluding overlay, the same day as the pavement removal. At the end of each working day, provisions shall be made for the safe passage of traffic during non - working hours. It shall be the Contractor's responsibility to provide all necessary warning signs, lights, barricades, etc., as specified. All unattended excavation shall be properly barricaded and covered at all times. All open trenching or street cuts must be filled with material as detailed below before leaving the job at the completion of each work shift. Immediately upon request by the Engineer, the Contractor shall place, in the amounts designated, any asphalt concrete pavement, cold plant mix, crushed surfacing and /or gravel base deemed necessary by the Engineer to maintain the above required accessibility of all streets, road approaches, street connections, driveways, and etc. If the Contractor fails to comply as above specified, the Engineer will order the work done by others and deduct the cost thereof from any monies due or to become due to the Contractor. The Contractor shall be reimbursed for these materials at the applicable unit contract prices. The Owner shall not be held liable for any claims resulting from accidents or damages caused by the Contractor's failure to comply with traffic and public safety regulations during the construction period. The Contractor shall be solely responsible for the safety, efficiency and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from the failure or improper maintenance use or operation. The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 100 2014 RFB ver. 1 -08 property during 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 construction site. The Contractor shall comply with the safety standards and provisions of applicable laws, building and construction codes, and the safety regulations set forth in "Safety Standards for Construction" and "General Safety Standards" published in effect at the time of call for bids. These publications may be obtained from the Department of Labor and Industries, Olympia, Washington. The Contractor shall also comply with the safety standard provisions set forth in the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America. The Contractor agrees to defend, indemnify and save harmless the CITY OF FEDERAL WAY, its officers, employees, and agents from any and all claims, actions, judgments, losses, costs (including reasonable attorney fees) and damages whatsoever; including workman's compensation claims or any other claims arising by reason of accident, injury, or death caused to persons including Contractor's employees, agents and subcontractors, employees and agents involving property of any kind, or arising out of, in connection with, or incident to the work of, this contract to the extent of any City negligence, except upon a finding by a trier of fact that it was caused by the sole negligence of the CITY OF FEDERAL WAY. The Contractor agrees to waive its immunity which may otherwise exist under the Title 51 RCW relating to industrial insurance. The parties agree that the indemnification requirements provided herein extend to attorney's fees and costs of establishing the right to indemnification in favor of the CITY OF FEDERAL WAY. The Contractor shall maintain at the job site office or other well -known place at the job site, all articles necessary for giving first aid to the injured, and shall establish, publish and make known to all employees procedures for ensuring immediate removal to a hospital or a doctor's care, of persons, including employees, who may have been injured on the job site. Employees shall not be permitted to work on the job site before the employer has established and made known procedures for removal of injured persons to a hospital or a doctor's care. In order to protect the lives and health of employees performing work under the Contract, the Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (OSHA), including all revisions and amendments thereto; the provisions of the Washington Industrial Safety Act of 1973 ( WISHA); and the regulations of the State of Washington Department of Labor and Industries Division of Industrial Safety and Health. The WISHA regulations shall apply to all excavation, trenching and ditching operations. In case of conflict, the more stringent regulations shall apply. 1- 07.23(1) Construction Under Traffic Section 1- 07.23(1) is supplemented with the following: Revise the second paragraph to read: To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass ' through the work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. Deficiencies caused by the ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 101 2014 RFB ver. 1 -08 Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency's expense. The Contractor shall also maintain roads, streets, sidewalks, and paths adjacent to the project limits when affected by the Contractor's operations. Snow and ice control will be performed by the Contracting Agency on all projects. Cleanup of snow and ice control debris will be at the Contracting Agency's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the work that might impede traffic or create a hazard. 2. Keep existing traffic signal and highway lighting systems in operation as the work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency's expense. The Contractor shall be responsible for scheduling when to renew striping, subject to the approval of the Engineer. When the scope of the project does not require work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency's expense, except those damaged due to the Contractor's operations. 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency's expense when approved by the Engineer, except when flow is impaired due to the Contractor's operations. (January 2, 2012) Work Zone Clear Zone The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor's operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans, and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 102 2014 RFB ver. 1 -08 Regulatory Posted Speed Distance From Traveled Way Feet 35 mph or less 10 * 40 mph 15 45 to 55 mph 20 60 mph or greater 30 * or 2 -feet beyond the outside edge of sidewalK Minimum Work Zone Clear Zone Distance (August 7, 2006) Lane closures are subject to the following restrictions (not allowed): Location Type From To SW 320th Street Eastbound One lane closure 9 :00 am 4:00 pm In one direction only SW 320th Street Westbound One lane closure 7 :00 am 3:00 pm In one direction only SW 356th Street Eastbound One lane in each direction 9 :00 pm 4:00 am Open to traffic at all times SW 356th Street Westbound One lane in each direction 7 :00 pm 3:00 am Open to traffic at all times All work outside the time listed in the above tables, must have all lanes open to traffic. If the Engineer determines the permitted Engineer may adjust the hours accordingly. writing of any change in the closure hours. closure hours adversely affect traffic, the The Engineer will notify the Contractor in No lane closures will be allowed on a holiday or holiday weekend, or after 12:00 PM (noon) on a day prior to a holiday or holiday weekend. Holidays that occur on Friday, Saturday, Sunday or Monday are considered a holiday weekend. (February 14, 2005 NWR) Signs and Traffic Control Devices All signs and traffic control devices for the permitted closures shall only be installed during the specified hours. Construction signs, if placed earlier than the specified hours of closure, shall be turned or covered so as not to be visible to motorists. Hours of Darkness t The Contractor shall, at no additional cost to the Contracting Agency, make all arrangements for operations during hours of darkness. Flagger stations shall be illuminated using a minimum 150 -watt floodlight. Lighting used for nighttime work shall, whenever possible, be directed away from, or shielded from, residences and oncoming traffic. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 103 RFB # 14 -101 2014 Night Work Working at night (9:00 p.m. to 6:00 a.m. weekdays, 10:00 p.m. to 9:00 a.m. weekends and holidays) is required for planing, pavement repair, paving and striping operations. Should the Contractor schedule project work during the nighttime closure hours allowed below, it shall be the Contractor's responsibility to obtain permission for such work as required in section 1- 08.0(2) Hours of Work. (March 7, 2005 NWR) Signal Turn -On Signal turn -on for new or rebuilt control equipment will be permitted Monday through Thursday, between 8:00 PM and 5:00 AM the same day. (March 7, 2005 NWR) During signal turn -on, the Contracting Agency will provide City of Federal Way police officer(s) to manually, control intersections. 1- 07.23(2) Construction and Maintenance of Detours (October 1, 2005 APWA GSP) Revise the second paragraph to read: Unless otherwise approved, the Contractor shall maintain two -way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, bridge, sidewalk, orDath during construction, 2. Detour crossings of intersecting highway, and 3. Temporary approaches. Supplement with the following: At least one (1) lane of traffic in each direction shall be maintained on all roadways within the project limits at all times. If the usable roadway is not sufficient to safely accommodate two -way traffic, the Contractor shall adequately maintain one -way traffic. Wherever one -way traffic is in effect, the distance shall not be in excess of six hundred feet (600') or as otherwise set forth in writing by the Engineer. Two -way traffic must be maintained during all non - construction working hours, except as approved by the Engineer in advance. For arterials - A maximum of one driveway may be closed at any one time, and then for as short a duration as possible. No driveway shall be closed over night or over a weekend. At least one driveway shall be maintained into and out of sites adjacent to the project. All drop -offs exposed to traffic shall be protected in accordance with Section 1- 07.23(1) of the Standard Specifications. Any modification to these requirements must be approved by the Engineer prior to commencement of any work. Sequential arrow boards shall be used for work on arterials and shall be incidental to other contract bid items. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 104 2014 RFB ver. 1-08 A written request, along with a detailed detour plan shall be submitted to the Engineer for approval, a minimum of ten (10) days prior to any road closures. All costs for constructing and maintaining detours shall be borne by the Contractor. 1 -07.24 Rights of Way (October 1, 2005APWA GSP) 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 in the Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public right of way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies of the easement agreements may be included in the Contract Provisions or made available to the Contractor as soon as practical after they have been obtained by the Engineer. Whenever easements or rights of entry have not been acquired prior to advertising, these areas are so noted in the Plans. 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 has 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 or 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 Contractor. 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 to 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 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 105 2014 RFB ver. 1 -08 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. Add the following new section: 1 -07.28 Communication with Businesses and Property Owners (January 11, 1014 * * * * * *) The Contractor will be responsible for communicating all work activities with the property owners. The Contractor, along with the City's inspector, shall have one formal meeting with the managers of the business corridor. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the businesses informed of their general locations and activities for the upcoming two (2) months by distributing a monthly status /schedule memo to the businesses. The memo shall be approved by the Engineer prior to distribution. Payment for said meetings and communication shall be considered incidental to the unit contract price paid for Mobilization and no additional payment will be made. 1 -07.29 Road Maintenance New Section ( * * * * * *) The Contractor shall be responsible for controlling dust and mud within the project limits, and all streets used by the Contractor during the execution of this contract shall be maintained in a clean condition. The Contractor shall be prepared to use watering trucks equipped with high velocity water jets and low -head sprinkling devices, power sweepers, and any other pieces of equipment necessary to render the streets free of all mud, debris, and foreign materials. Any damage caused by dust and /or mud accumulation on the streets or in the storm sewer system shall be the sole responsibility of the Contractor. Watering trucks may be used on paved streets with an adequate storm drainage system. Watering trucks shall not be used on streets where, in the opinion of the Engineer, mud is created, causing a nuisance. Where water flushing is not allowed, street sweepers (not power brooms) shall be used. The Contractor shall provide for sweeping, or flushing all surfaced roadways at a minimum upon completion of each day's activities. Equipment required for this operation shall be on the job site or available at all times. Failure to have this equipment on the job site or available will necessitate a shutdown of the project. The Contractor shall cover all loads if in the determination of the Engineer haul of project materials is posing a road maintenance and /or potential safety problem. Should daily removal be insufficient to keep the streets clean, the Contractor shall perform removal operations on a more frequent basis. If the Engineer determines that a more frequent cleaning is impractical or if the Contractor fails to keep the streets free from deposits and debris resulting from the work, the Contractor shall, upon order of the Engineer, provide facilities for City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 106 2014 RFB ver. 1 -08 and remove all clay or other deposits from the tires or between wheels before trucks or other equipment will be allowed to travel over paved streets. Should the Contractor fail or refuse to clean the streets in question or the trucks or equipment in question, the Engineer may order the work suspended at the Contractor's risk until compliance with the Contractor's obligation is assured, or the Engineer may order the streets in question cleaned by others and such costs incurred by the Owner in achieving compliance with these Contract requirements, including cleaning of the streets, shall be deducted from monies due or to become due the Contractor on monthly estimate. The Contractor shall have no claim for delay or additional costs should the Engineer choose to suspend the Contractor's work until compliance is achieved. All costs in connection with the above work, including labor, materials, tools and equipment, shall be considered as incidental to the construction, and payment thereof shall be included in the unit contract prices of other bid items. 1 -08 PROSECUTION AND PROGRESS Add the following new section: 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) Add the following new section: 1- 08.0(1) Preconstruction Conference (October 10, 2008 APWA GSP) 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 purpose of the preconstruction conference will be: 1. To review the initial progress schedule; 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1- 08.0(2) Hours of Work Section 1- 08.0(2) is supplemented with the following: City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 107 RFB # 14 -101 2014 Permission to work between the hours of 9:00 p.m. and 6:00 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. Work will be restricted to the hours between 7:00 a.m. and 3:30 p.m., unless otherwise approved by the Engineer. Work on SW 356th St and SW 320th St will be restricted to 8:30 a.m. to 3:30 p.m. Work on S 352 "d St will be restricted to 9:00 p.m. to 7:00 a.m. No work shall be allowed within the right -of -way on Saturdays, Sundays, or holidays, unless otherwise authorized by the Engineer. There will be no additional compensation for night work. 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 Engineer. These conditions may include but are not limited to: • The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer 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. • On non - Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. • Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. • 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. The Owner reserves the right to vary the previous stated times. Actual times may vary depending upon location and type of construction. Exact times and /or restrictions will be established during the preconstruction conference, after discussions with the Contractor regarding his proposed schedule. Recognized holidays shall be as follows: First day of January, third Monday of January, third Monday of February, last Monday of May, fourth day of July, first Monday of September, 11th day of November, Fourth Thursday in November and day immediately following, 25th day of December, and any day so designated by the Chief Executive of the State of Washington or by the Owner for their employees, as a legal holiday. When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday will be a legal holiday for the City Employees. 1- 08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP, may not be used on FHWA -funded projects) City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 108 2014 RFB ver. 1 -08 1 -08.1 Subcontracting - D /M /WBE Reporting (October 10, 2008 APWA GSP, may not be used on FHWA -funded projects) ' Revise the eighth paragraph to read: ' On all projects funded with Contracting Agency funds only, the Contractor shall certify to the actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This certification shall be submitted to the Engineer, on the form provided by the Engineer, on October 31, 2014 or 20 calendar days after physical completion of the Contract, whichever comes first. ' 1 -08.3 Progress Schedule Section 1 -08.3 is supplemented with the following: Promptly after award of the contract, the Contractor shall submit to the Engineer for approval a construction schedule consisting of a chart, which sets out operations, methods, equipment, and labor forces that the Contractor intends to use to accomplish the work. ' The Contractor shall show early and late start dates and early and late finish dates for the items of work required under the contract. Payment to the Contractor on any estimate may be withheld until such schedule has been submitted and approved. The construction ' schedule shall be based upon calendar days, with a completion date on or before October 31, 2014. ' The Contractor is restricted to work up to two (2) Schedules at a time unless otherwise approved by the Engineer. ' The schedule will be submitted to the Engineer two (2) working days prior to the Preconstruction Conference and will be the primary topic for discussion at the Preconstruction Conference. Adequate equipment and forces based on the construction schedule shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out ' the schedule to completion of the contract by the date specified. Should it become evident at any time during construction that operations will or may fall ' behind the schedule, the Contractor shall, upon request, promptly submit a revised schedule in the same form as specified herein, setting out operations, methods, and equipment, added labor forces or working shifts, night work, etc., by which time lost will be ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 109 2014 RFB ver. 1 -08 Where the Contractor elects to work on a Saturday, Sunday, or 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. In such case, ' the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight -time 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 to the Contractor. 1 -08.1 Subcontracting - D /M /WBE Reporting (October 10, 2008 APWA GSP, may not be used on FHWA -funded projects) ' Revise the eighth paragraph to read: ' On all projects funded with Contracting Agency funds only, the Contractor shall certify to the actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the Contract. This certification shall be submitted to the Engineer, on the form provided by the Engineer, on October 31, 2014 or 20 calendar days after physical completion of the Contract, whichever comes first. ' 1 -08.3 Progress Schedule Section 1 -08.3 is supplemented with the following: Promptly after award of the contract, the Contractor shall submit to the Engineer for approval a construction schedule consisting of a chart, which sets out operations, methods, equipment, and labor forces that the Contractor intends to use to accomplish the work. ' The Contractor shall show early and late start dates and early and late finish dates for the items of work required under the contract. Payment to the Contractor on any estimate may be withheld until such schedule has been submitted and approved. The construction ' schedule shall be based upon calendar days, with a completion date on or before October 31, 2014. ' The Contractor is restricted to work up to two (2) Schedules at a time unless otherwise approved by the Engineer. ' The schedule will be submitted to the Engineer two (2) working days prior to the Preconstruction Conference and will be the primary topic for discussion at the Preconstruction Conference. Adequate equipment and forces based on the construction schedule shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out ' the schedule to completion of the contract by the date specified. Should it become evident at any time during construction that operations will or may fall ' behind the schedule, the Contractor shall, upon request, promptly submit a revised schedule in the same form as specified herein, setting out operations, methods, and equipment, added labor forces or working shifts, night work, etc., by which time lost will be ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 109 2014 RFB ver. 1 -08 made up, and confer with the Engineer until an approved modification of the original schedule has been secured. Further, if at any time any portion of the accepted schedule is found to conflict with the contract provisions, it shall, upon request, be revised by the Contractor and the work shall be performed in compliance with the contract provisions. Payments of any further estimates to the Contractor after such request is made and until an approved modified schedule has been provided by the Contractor may be withheld. Execution of the work according to the accepted schedule of construction, or approved modifications thereof, is hereby made an obligation of the contract. 1 -08.4 Prosecution of Work Delete this section in its entirety, and replace it with the following: 1 -08.4 Notice to Proceed and Prosecution of Work (June 27, 2011 APWA GSP) Notice to Proceed will be given after the Contract has been executed and the contract bond and evidence of insurance have been approved and filed by the Contracting Agency. The Contractor shall not commence with the work until the Notice to Proceed has been given by the Engineer. The Contractor shall commence construction activities on the project site within ten days of the Notice to Proceed Date, unless otherwise approved in writing. The Contractor shall diligently pursue the work to the physical completion date within the time specified in the Contract. Voluntary shutdown or slowing of operations by the Contractor shall not relieve the Contractor of the responsibility to complete the work within the time(s) specified in the Contract. When shown in the Plans, the first order of work shall be the installation of high visibility fencing to delineate all areas for protection or restoration, as described in the Contract. Installation of high visibility fencing adjacent to the roadway shall occur after the placement of all necessary signs and traffic control devices in accordance with 1- 10.1(2). Upon construction of the fencing, the Contractor shall request the Engineer to inspect the fence. No other work shall be performed on the site until the Contracting Agency has accepted the installation of high visibility fencing, as described in the Contract. 1 -08.5 Time for Completion (August 14, 2013 APWA GSP, Option A) Revise the third and fourth paragraphs to read: Contract time shall begin on the first working day following the Notice to Proceed Date. Each working day shall be charged to the contract as it occurs, until the contract work is physically complete. If substantial completion has been granted and all the authorized working days have been used, charging of working days will cease. Each week the Engineer will provide the Contractor a statement that shows the number of working days: (1) charged to the contract the week before; (2) specified for the physical completion of the contract; and (3) remaining for the physical completion of the contract. The statement will also show the nonworking days and any partial or whole day the Engineer declares as unworkable. Within 10 calendar days after the date of each statement, the Contractor shall City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 110 2014 RFB ver. 1 -08 file a written protest of any alleged discrepancies in it. To be considered by the Engineer, the protest shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of time disputed. By not filing such detailed protest in that period, the Contractor shall be deemed as having accepted the statement as correct. If the Contractor is approved 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. Revise the sixth paragraph to read: The Engineer will give the Contractor written notice of the completion date of the contract after all the Contractor's obligations under the contract have been performed by the Contractor. The following events must occur before the Completion Date can be established: 1. The physical work on the project must be complete; and 2. The Contractor must furnish all documentation required by the contract and required by law, to allow the Contracting Agency to process final acceptance of the contract. The following documents must be received by the Project Engineer prior to establishing a completion date: a. Certified Payrolls (per Section 1- 07.9 (5)). b. Material Acceptance Certification Documents c. Quarterly Reports of Amounts Credited as DBE Participation, as required by the Contract Provisions. d. Final Contract Voucher Certification e. Copies of the approved "Affidavit of Prevailing Wages Paid" for the Contractor and all Subcontractors f. Property owner releases per Section 1 -07.24 Supplement with the following: Subject to the time lost due to inclement weather and delay in delivery of materials, should such delay not be the result of the undersigned's actions, the Contractor agrees to commence work within 5 days after Notice to Proceed and to complete all work in this Contract within the specified time period. If requested, the Contractor agrees to furnish the City and the Engineer with full data as to the efforts made to obtain materials. The Contractor agrees to complete the work within the contract time contained in his bid plus any extensions as provided for herein. It is the responsibility of the Contractor to complete the work within completion time. The Owner makes no promise or representation that this can or will be done. Extensions in completion time will be granted for delays beyond the control of the Contractor only, such as strikes or natural disasters, and may be granted for increases in the contract value of the work to be done. Requests for extensions in completion time shall be made in writing to the Engineer and approved through a change order before commencement of such extensions. City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 111 RFB # 14 -101 2014 For sake of common bidding purposes, the number of days allowed to complete the work outlined in these contract documents is eighty (80) working days. However, in no instance shall the work extend beyond October 31, 2014. 1 -08.7 Maintenance During Suspension (October 1, 2005APWA GSP) 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, 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 -09 MEASUREMENT AND PAYMENT 1 -09.3 Scope of Payment Delete the first paragraph in the APWA supplement and replace it with the following: The Special Provisions may describe work the Standard 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 unit bid prices. If the special provisions require work that has no unit bid price, costs shall be incidental and included within the unit bid prices in the contract. 1 -09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. 1 -09.7 Mobilization Section 1 -09.7 is supplemented with the following: The Contractor shall arrange and provide the construction equipment staging area. This area must be approved by the City of Federal Way, Community Development Department. Sites chosen near residential properties can expect severe restrictions on noise and allowable work hours. Obtaining a site for the Contractor's mobilization, field office(s), storage of materials, and other general operations shall be the responsibility of the Contractor. All costs associated with securing sites shall be included in the bid item "Mobilization" and no other City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 112 2014 RFB ver. 1 -08 compensation will be made for this item. The Contractor will provide City with copy(s) ' agreement(s). Payment is made under the following item: ' "Mobilization" per lump sum. ' The lump sum bid price for "Mobilization" shall include, but not be limited to, the following items: the movement of the Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of his office, buildings, and other facilities necessary for ' work on the project; providing sanitary facilities for the Contractor's personnel; obtaining permits or licenses required to complete the project not furnished by the Owner; and other work and operations which must be performed or costs that must be incurred. ' 1 -09.9 , Payments (March 13, 2012 APWA GSP) ' Delete the first four paragraphs and replace them with the following: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. ' The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. 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 conference. 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 payments. 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 — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's ' determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 113 2014 RFB ver. 1 -08 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), on non FHWA - funded projects; 2. The amount of progress payments previously made; and 3. Funds withheld by the Contracting Agency for disbursement in accordance with the Contract Documents. Progress payments for work performed shall not be evidence of acceptable performance or an admission by the Contracting Agency that any work has been satisfactorily completed. The determination of payments under the contract will be final in accordance with Section 1 -05.1. 1- 09.9(1) Retainage (APWA Only) Section 1- 09.9(1) is supplemented with the following: There will be reserved and retained from monies earned by the Contractor, as determined by the progress estimates, a sum equal to five percent (5 %) of all mounts of such estimates. Withholding, management, and release of such retained monies shall be in accordance with the provisions of RCW 60.28. The retained funds shall at the option of the Contractor be retained by the Owner or placed in escrow in accordance with the provisions of RCW 60.28.010, as amended. 1- 09.9(3) Contracting Agency's Right to Withhold and Disburse Certain Amounts (APWA only) ' Supplement with the following: In addition to the amount which the Owner may otherwise retain under the Contract, the Owner may withhold a sufficient amount or amounts of any payment or payments otherwise due to the Contractor including nullifying the whole or part of any previous payment which because of subsequently discovered evidence or subsequent inspections, and in its judgment may be necessary to cover the following: (a) The cost of defective work not remedied. (b) Fees incurred for material inspection, and overtime engineering and inspection for which the Contractor is obligated under this contract. (c) Fees and charges of public authorities or municipalities. (d) Liquidated damages and engineering and inspection fees beyond completion date. 1- 09.11(2) Claims Supplement with the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 114 2014 RFB ver. 1 -08 ' In the event the Contractor files a notice of claim or has made the Owner aware of his intention to file a claim, the Contractor upon demand by the Owner shall provide immediate access to the Owner or its duly authorized representative for review and examination of all books, ' documents, papers and other records which are directly pertinent to this Contract and claim. Access shall be ongoing and shall remain in effect for the duration of the contract or until the claim is settled or withdrawn. The Owner's examination and review shall be at reasonable time ' and place as designated by the Owner. This provision extends to all subcontractors hired by the Contractor and to any entity that has performed work or supplied materials or services in connection with or related to this Contract. The Contractor shall provide for this clause to be included in its contracts with all subcontractors and suppliers. Provided, however, that the ' Owner shall not disclose information which may reasonably be construed to be confidential and if divulged may seriously jeopardize the Contractor's or subcontractor's competitive position. The above shall not be limited to records in existence at the time of the claim but shall also include records generated following the claim or notice of claim. In the event that the Contractor, or Subcontractor, submits notice of a changed condition or claim of delay at the job site, the Contractor and Subcontractor are directed to cease all work on the project until directed otherwise in writing by the Owner. Consistent with the intent and provisions of this section, any claim of changed condition or delay shall be immediately verified by the Owner following its inspection of the job site and books and records. The Owner's authority to verify changed conditions and claimed delay shall extend to the right of the Owner to contact and obtain responsive information from suppliers, vendors, and subcontractors, the right to speak with workers at the site and examine records described above. The refusal, unwillingness or failure of any subcontractor to supply requested information shall be deemed to constitute actual and noncooperation of the Contractor. The Contractor shall at all time, following a claim or notice of claim, cooperate with the Owner in regards to this provision. Failure to comply with the provisions of this section constitutes a breach of a material term and condition in the performance of this Agreement. 1 -09.13 Claim Resolution 1- 09.13(3) Claims $250,000 or Less (October 1, 2005APWA GSP) 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 nonbinding 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 (October 1, 2005APWA GSP) Revise the third paragraph to read: The Contracting Agency and the Contractor mutually agree to be bound by the decision of the arbitrator, and judgment upon the award rendered by the arbitrator may be entered in City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 115 2014 RFB ver. 1 -08 the Superior Court of the county in which the Contracting Agenrc '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 -10 TEMPORARY TRAFFIC CONTROL Supplement with the following: Traffic control and maintenance for the safety of the traveling public on this project shall be the sole responsibility of the Contractor and all methods and equipment used will be subject to the approval of the Owner. 1 -01.1 General Supplement with the following: The Contractor shall provide traffic control plans to the City of Federal Way for review and approval a minimum of ten (10) working days prior to implementation. These plans shall supplement Construction Staging Plans. The plans as provided by the Contractor shall include and not be limited to the following information: Minimum lane widths provided for vehicular travel. • Turn pocket length, gap and tapers in conformance with the City of Federal Way Standard Details DWG 3 -19A, and WSDOT Standard Plans. On SW 356th St, S 352nd St and SW 32& St, the Contractor shall maintain at least one lane of traffic in each direction at all times unless otherwise approved by the Engineer. 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. City of Federal Way Project Signs City Of Federal Way Project signs shall be considered Construction Signs Class A. The Contractor shall provide a two (2) project signs per the standard detail within the appendices of these Special Provisions. 1 -10.2 Traffic Control Management 1- 10.2(2) Traffic Control Plans Section 1- 10.2(2) is supplemented with the following: The Contractor shall submit a Signing and Traffic Control Plan (TCP) for each schedule, showing all locations for construction signs, flaggers, and other traffic control devices, lane widths, tapers, and temporary channelization, required for the project. The TCPs shall be City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 116 2014 RFB ver. 1 -08 submitted to the Engineer for approval, a minimum of seven (7) days prior to beginning ' any work on the project. The Contractor shall include in the TCP; special plans for traffic control and routing, hours of work, signing and a construction sequencing plan, for the overlay and pavement patching on all arterials. NO WORK SHALL BE PERMITTED WITHOUT A TCP APPROVED BY THE ENGINEER. The approved TCP shall be on -site at all times and failure to obtain and adequately implement an approved TCP shall be the cause for immediate action by the Engineer. Said action may include but shall not be limited to the following: 1. Suspension of work until the TCP is approved or properly implemented. 2. Implementation by the Owner of approved TCP at the Contractor's expense. 3. The Owner may provide, or have others provide, interim labor, materials and equipment at the Contractor's expense to alleviate traffic hazards of concern. 4. Any combination of the above described remedies, or whatever is deemed necessary by the Engineer to protect the traveling public. All Traffic Control Plans shall conform to the MUTCD and the Standard Plans. Whenever the Contractor intends to do work not explicitly covered by the TCP, the Contractor shall submit a Supplemental Traffic Control Plan to the Engineer for approval at least ten (10) days in advance of the time signs and barricades will be required. Whenever a traffic signal is to be taken out of service, set to flashing red, or construction is such that it interferes with the safe and effective operation of the traffic signal an Off Duty Uniformed Police Officer must be used to control traffic through the intersection. The use of an Off Duty Uniformed Police Officer must be shown on the traffic control plan. 1- 10.2(3) Conformance to Established Standards Section 1- 10.2(3) is supplemented with the following: Traffic control for the project shall conform to the Manual on Uniform Traffic Control Devices ( MUTCD) Part VI, and Section 1 -10 of the Standard Specifications. These publications will be incorporated in all projects by this reference as if set forth herein in full. 1 -10.3 Traffic Control Labor, Procedures and Devices 1- 10.3(1) Traffic Control Labor Section 1- 10.3(1) is supplemented with the following: The hours eligible for "Traffic Control Labor" will be those hours actually used for the previously described work. Handling of Class B signs is to include the placement of "No- Park" signs, for use in areas where operations require the street to be cleared of vehicles. Any work described under this section performed by a Traffic Control Supervisor will not be paid but will be considered incidental to other items of work. The City has set the unit contract price for "Off Duty Uniformed Police Officer" at Sixty -six and no /100 Dollars ($66.00) per hour of active traffic control. In the event this amount ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 117 RFB # 14 -101 2014 does not reflect the actual cost to the Contractor for a Uniformed Off -Duty Police Officer, then the Contractor should revise other bid items to include the correction factor. No ' adjustment to the $66.00 per hour unit price shall be made for overtime hours, holiday hours, or minimum callout charge. The Contractor shall request uniformed off -duty police officers from the City of Federal Way , Public Safety Department, (253) 835 -6701. The request shall be made forty-eight (48) hours before the use of the off -duty police officers on the project site. A minimum of three ' (3) hours call out time shall be paid each request for off -duty police officers. The City shall pay $66.00 per hour for actual time worked by off -duty police officers, it shall be the Contractors responsibility to arrange work schedule to minimize any additional costs I incurred by the minimum three (3) hour callout requirement. The estimated uniformed off -duty police officers hours as stated in the proposal, are the ' City's estimate, without knowledge of the Contractors specific method of operation and is used only for the purpose of providing a common amount for all bidders. In the event actual hours of officer time differs from the quantity listed in the proposal, no readjustment , in the unit contract price for uniformed off -duty police officer will be allowed. 1- 10.3(7) Temporary Pavement Marking New Section I All costs in connection with the use of reflective traffic tape as temporary pavement markings shall be incidental to other bid items. All costs for paint lines and reflective pavement markers used for temporary traffic control shall be paid under other bid items. Temporary Pavement Markings Temporary pavement markings shall be installed and maintained by the Contractor whenever permanent pavement markings are included in the Contract and traffic is released onto public streets or roadways prior to installation of permanent pavement markings. The Contractor shall perform preliminary layout work to the satisfaction of the Engineer prior to installation of the temporary pavement markings. The temporary pavement markings shall be installed and maintained to the satisfaction of the Engineer until the permanent pavement markings are installed and approved in writing by the Engineer. After approval of permanent lane markings, the Contractor shall remove the temporary lane markings to the satisfaction of the Engineer. Appropriately colored 4- inch -wide reflective traffic tape shall be installed with a skip pattern based on a 10 -foot unit consisting of a 1 foot line of tape and a 9 -foot gap, unless otherwise specified on the Plans or in the Special Provisions for this Contract. Reflective traffic tape markings shall generally follow the alignment for the permanent pavement markings and double lines shall be used when specified for the permanent pavement markings. Reflective tape shall not be used when the temporary pavement markings are to be exposed to traffic for more than 2 weeks without the written approval of the Engineer. The Contractor shall provide paint lines per Sections 8 -22 and 9 -34, and RPMs per Sections 8 -09 and 9 -21, at the direction of the Engineer for temporary pavement markings for construction staging. Paint lines shall be provided for temporary pavement markings for any conditions not applicable for reflective tape. Paint lines and RPMs for temporary pavement markings shall be paid under "Paint Line" and "Raised Pavement Marker Type 2 ". City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 118 2014 RFB ver. 1 -08 1 -10.4 Measurement ' Supplement with the following: All traffic control items, with the exception of "Traffic Control Labor ", shall be incidental to the contract, and no measurement will be made. 1 -10.5 Payment ' Section 1 -10.5 is supplement with the following: Payment will be made per Section 1 -10.5 of the Standard Specification for the following bid items: "Flaggers and Spotters ", per hour. ' "Other Traffic Control Labor ", per hour. 'Off Duty Uniformed Police Officer ", per hour. "Portable Changeable Message Sign ", per day. The Owner has estimated the cost at Forty-six and no /100 Dollars ($46.00) per hour for accomplishing the work of "Traffic Control labor" and has entered that amount in the bid proposal under the specific item to become part of the total bid by the Contractor. Any cost to the Contractor of providing this work over Forty-six and no /100 Dollars ($46.00) per hour, shall be incidental to other bid items, and no further compensation shall be made. ' Payment shall be limited to the labor required for flagging and handling signs and traffic control devices which are placed and removed or adjusted daily. It will be the Contractor's responsibility to provide, for the Engineer's concurrence, a detailed summary of time expended on this item at the end of each working day. Pay quantities will be prepared on the basis of these daily summaries. Time which does not ' appear on these daily summaries will not be honored for payment. All other items of work included in this section and /or which are necessary for traffic control ' are incidental to the Contract, and no separate payment will be made. This includes but is not limited to: special signs required specifically for the project, costs for cones, barricades, sequential arrow - boards, temporary pavement markings and other construction signing ' used on the project. Any special signs used will become property of the Owner upon completion of the project ' and will be delivered to the Owner by the Contractor (refer also to Section 8 -30 of these Special Provision). IEND OF DIVISION 1 I ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 119 RFB # 14 -101 2014 DIVISION 2 EARTHWORK Wherever specifications are made for "Pavement Repair and Roadway Widening" in the following division, they shall also apply to "Shoulder Reconstruction and Shoulder Widening ". 2 -01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2 -01.1 Description Section 2 -01.1 is supplement with the following: Clearing, grubbing, and roadside cleanup shall be accomplished in conformance with Section 2 -01 of the Standard Specifications, except as hereinafter amended. 2-01.4' Measurement Section 2 -01.4 is supplement with the following: "Clearing and Grubbing" shall be considered incidental to the various bid items of the contract and as such, will not be measured for separate payment. 2 -01.5 - Payment Section 2 -01.5 is supplement with the following: Payment will be made for the following bid items per this section of the Standard Specifications: "Roadside Cleanup" by force account. For the purpose of providing a common proposal for all bidders and for that purpose only, the Owner has estimated the amount of force account for roadside cleanup and has arbitrarily entered that amount in the bid proposal, which shall then become part of the Contractor's total bid. 2 -02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2 -02.3 Construction Requirements Section 2 -02.3 is supplemented with the following: The removal and disposal of facilities indicated shall be conducted in such a manner as not to damage utilities, or any portion of improvements that are to remain in place. Any damage caused by the Contractor and his operations shall be repaired, replaced, or otherwise properly restored to the satisfaction of the Engineer at no cost to the Owner. Disposal shall be in accordance with Section 2 -01 of the Standard Specifications and these Special Provisions. 2- 02.3(3) Removal of Pavement, Sidewalks, Curbs and Gutters Section 2- 02.3(3) is supplemented with the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 120 2014 RFB ver. 1 -08 1. All broken -up pieces shall become the property of the Contractor and shall be removed from the project. 2. Prior to removal, the Contractor shall make a full -depth vertical sawcut between any sidewalk, curb ramp or curb and gutter that is to remain and the portion to be removed. The sawcut shall be at the nearest joint to form a neat line for removal from the project site. 3. Replace at no expense to the Owner and to the satisfaction of the Engineer any existing pavement, sidewalk, curb ramp, or curb and gutter designated to remain that is damaged during the removal operation. 4. The contractor shall make a neat full depth vertical sawcut in the existing pavement at a minimum distance of one (1) foot from the curb and gutter to be removed to provide a large enough area to build to curb and place and compact a pavement section. The approximate thickness of the existing asphalt concrete pavement in the roadway varies. Contractor's attention is also drawn to Section 8 -04.3 of the Special Provisions. See standard plans for details. 5. The equipment and procedures used to make the full -depth sawcut shall be approved by the engineer. No waste water from the sawcutting operation shall be released directly to any stream or storm sewer system. 6. Extra care shall be taken to protect existing traffic loops that are to remain, when removing and replacing curb and gutter. Any traffic loops damaged by the Contractor shall be replaced at the Contractor's expense. 7. Pedestrian and wheel chair access to sidewalks must be maintained to one side of a street at all times. The Contractor shall not simultaneously remove existing cement concrete sidewalks, curb and gutter, truncated dome retrofit or wheel chair ramps at all four quadrants of an intersection. If it is not possible to restrict access to one side of a street, the contractor must provide proper wheelchair accessible pedestrian detours, per the MUTCD, around closed sidewalk areas. 2- 02.3(5) Asphalt Concrete Sawcut New Section Where shown on the Plans or where directed by the Engineer, the Contractor shall make a neat, ' full -depth vertical saw cut at the boundaries of the area to be removed. Care shall be taken when sawcutting as not to damage any of the existing pavement to remain in place. Any pavement damaged by the Contractor due to his operations shall be repaired or replaced by him ' at his own expense. Where the Contractor chooses to use grinding or pulverizing to remove asphalt concrete ' pavement, the vertical line left by grinding or pulverizing shall be considered equivalent to a sawcut, but in that case no separate payment shall be made for sawcut. ' 2- 02.3(6) Removal of Trees ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 J New Section RFB # 14 -101 Page 121 2014 Where shown on the plans or as directed by the Engineer, the Contractor shall remove trees and their associated roots to a depth of 2' below the existing surface, or the proposed grade whichever is deeper. The cleared area shall be backfilled with gravel borrow up to two (2) inches below finished grade and fill remainder with topsoil Type A, and seeded. Prior to backfilling, the cleared area shall be treated with a heavy concentration of Cross -Bow, Round -up or approved equivalent. All materials removed shall be disposed of by the Contractor off the project site, unless approved otherwise by the Engineer. 2- 02.3(7) Adjust Existing Utility to Grade New Section As shown on the Plans, existing utilities such as monuments, manholes, catch basin frames and grates, water valves, and meter boxes shall be adjusted to finished grade. The Contractor shall familiarize himself with the existing utility locations prior to the beginning of any work. The Contractor shall adjust City -owned utilities. Final adjustment shall be smooth and flush with finished grade. The Contractor shall mark the location of all utilities prior to paving the new surface. Unless otherwise provide in the Special Provisions and Proposal, costs" for adjusting utilities to grade, including coordinating the work with other utilities, shall be incidental to the various items of work and no additional compensation will be allowed. Existing facilities shall be adjusted to the finished grade as shown on the Plans and as further specified herein. Existing box, ring, grate, and cover shall be reset in a careful and workmanlike manner to conform to the new grade. Special care shall be exercised in all operations. Any damage occurring to the manholes, concrete catch basins, monument cases, valve boxes, or water mains, due to the Contractor's operations, shall be repaired at the Contractor's own expense. Adjustments shall be made using bricks, concrete blocks, or cement, and the interior of the manhole adjustment shall be mortared smoothly. All covers and frames shall be thoroughly cleaned. The Contractor shall be responsible for referencing and keeping a record of such references of all manholes, catch basins, monument cases, meter boxes, and valve boxes encountered, and shall submit a copy of these references to the Engineer. The manholes, catch basins, monument cases, and valve boxes shall be adjusted to grade in accordance with Section 1- 05.3(1). 2 -02.4 Measurement Section 2 -02.4 is supplemented with the following: Removal of asphalt concrete pavement and base associated with the removal of curb and gutters, will not be measured, but will be considered as part of "Removal and Replacement Concrete Curb and Gutter" and "Wheelchair Ramps, Complete ". Sawcutting sidewalks, driveways, curb and gutters, truncated dome retrofits will be incidental to the removal and replacement of those items. Sawcutting for wheelchair ramps shall be incidental to "Wheelchair Ramps, Complete ", per each. Sidewalk, driveway, curb ramp, extruded curb, or curb and gutter removal and replacement shall be measured and paid for as provided for under the appropriate bid items in Sections 8 -04 and 8 -14 of the Special Provisions. Removal of Cement Concrete Panel shall be measured by the square yard. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 122 2014 RFB ver. 1 -08 Removal of trees shall be measured per each and shall include removal of the tree, its roots and the soil surrounding the roots, backfill and seeding, and any restoration necessary as determined by the Engineer. 2 -02.5 Payment Section 2 -02.5 is supplemented with the following: ' Payment will be made for each of the following bid items that are in the proposal: ' 1. "Asphalt /Cement Concrete Sawcut ; per lineal foot, the contract bid price shall be for a full -depth sawcut. 2. "Tree Removal" per each. ' 3. "Removal of Cement Concrete Panel ", per square yard. The contract bid prices, including all incidental work, shall be full compensation for all labor, material, tools, disposal fees, and equipment necessary to satisfactorily complete the work as defined in these Special Provisions, including properly disposing of the removed materials off -site and leaving what is to remain in good condition. 2 -03 ROADWAY EXCAVATION AND EMBANKMENT ' 2 -03.1 Description Section 2 -03.1 is supplemented with the following: Roadway excavation shall include excavation for patching, roadway reconstruction and ' roadway widening. 2- 03.3(14)3 Gravel Borrow Including Haul ' Section 2- 03.3(14) is supplemented with the following: Where patching, roadway reconstruction or roadway widening is called for, either as shown ' on the Plans or as directed by the Engineer, it is the intent to excavate to a depth shown on the Plans as the bottom of the crushed surfacing top course. ' Where and if the Engineer determines that unstable subgrade material exists below this depth, the Engineer may direct the Contractor to excavate an additional depth to stabilize the area. When an excavation depth exceeds the bottom of the proposed crushed surfacing top course, the area below the crushed surfacing top course shall be backfilled with "Crushed ' Surfacing Top Course for Pavement Repair and Roadway Widening, Incl. Haul ". Excavation and backfill below grade as heretofore defined for Gravel Borrow Including Haul shall be included in the unit contract price for "Crushed Surfacing Top Course for Pavement Repair and Roadway Widening, Incl. Haul" and "Roadway Excavation, Incl. Haul ". ' 2 -03.4 Measurement Section 2 -03.4 is supplemented with the following: ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 L Page 123 RFB # 14 -101 2014 "Roadway Excavation Incl. Haul" measurement for roadway excavation including haul shall be in accordance with Section 2 -03.4 of the Standard Specifications. 2 -03.5 Payment Section 2 -03.5 is supplemented with the following: "Roadway Excavation Incl. Haul" shall be paid by the cubic yard, neat line measure. No separate payment will be made for haul or wasting excavated material. 2 -06 SUBGRADE PREPARATION Subgrade preparation for Pavement Repair and Roadway Widening shall be accomplished in accordance with section 2 -06. 2- 06.3(2) Subgrade for Pavement Section 2- 06.3(2) is supplemented with the following: At locations designated in the field by the Engineer, the existing roadway will be widened or reconstructed. The existing and final pavement widths vary, and shall be as determined by the Engineer. 2 -06.5 Measurement and Payment Section 2 -06.5 is supplemented with the following: All costs for providing materials and construction for subgrade preparation, shall be included in the contract prices for "Crushed Surfacing Top Course for Pavement Repair and Roadway Widening, Incl. Haul ", and "HMA Class 1/2" PG 64 -22 for Pavement Repair and Roadway Widening ", respectively. 2 -07 WATERING Water required for compacting embankments, construction subgrade, placing crushed surfacing, grinding, pulverizing, dust control, and as the Engineer requires shall be provided in accordance with Section 2 -07.3 of the Standard Specifications. 2 -07.5 Payment Section 2 -76.5 is supplemented with the following: All costs for providing and applying water shall be considered incidental to and included in the unit contract prices for the various items involved. 2 -12 CONSTRUCTION GEOSYNTHETIC 2 -12.3 Construction Requirements Section 2 -12.3 is supplemented with the following: The area to be covered by the geosynthetic shall be graded to a smooth, uniform condition free from ruts, potholes, and protruding objects such as rocks or sticks. The geosynthetic shall be spread immediately ahead of the covering operation. The geosynthetic shall not be left exposed to sunlight during installation for a total of more than 5 calendar days. The City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 124 2014 RFB ver. 1 -08 I geosynthetic shall be laid smooth without excessive wrinkles. Under no circumstances shall the geosynthetic be dragged through mud or over sharp objects which could damage the geosynthetic. The cover material shall be placed on the geosynthetic in such a manner that a minimum of 12 to 18 inches of material, depending on the survivability of the geosynthetic, will be between the equipment tires or tracks and the geosynthetic at all times. Construction vehicles shall be limited in size and weight such that rutting in the initial lift above the geosynthetic is not greater than 3 inches deep, to prevent overstressing ' the geosynthetic. Turning of vehicles on the first lift above the geosynthetic will not be permitted. End - dumping the cover material directly on the geosynthetic will not be permitted. Compaction of the first lift above the geosynthetic shall be limited to routing of placement and spreading equipment only. No vibratory compaction will be allowed on the first lift. Pegs, pins, or the manufacturer's recommended method shall be used as needed to hold the geosynthetic in place until the specified cover material is placed. Should the geosynthetic be torn or punctured or the overlaps or sewn joints disturbed, as evidenced by visible geosynthetic damage, subgrade pumping, intrusion, or roadbed distortion, the backfill around the damaged or displaced area shall be removed and the damaged area repaired or replaced by the Contractor at no cost to the Contracting Agency. The repair shall consist of a patch of the same type of geosynthetic placed over the damaged area. The patch shall overlap the existing geosynthetic a minimum of 2 feet from the edge of any part of the damaged area. If geosynthetic seams are to be sewn in the field or at the factory, the seams shall consist of two parallel rows of stitching. The two rows of stitching shall be 0.5 inch apart with a tolerance of 0.25 inch and shall not cross, except for restitching. The stitching shall be a lock-type stitch. The minimum seam allowance, i.e., the minimum distance from the geosynthetic edge to the stitch line nearest to that edge, shall be 1.5 inches if a flat or prayer seam, Type SSa -2, is used. The minimum seam allowance for all other seam types shall be 1.0 inch. The seam, stitch type, and the equipment used to perform the stitching shall be as recommended by the manufacturer of the geosynthetic and as approved by the Engineer. The seams shall be sewn in such a manner that the seam can be inspected readily by the ' Engineer or his representative. The seam strength will be tested and shall meet the requirements stated in this Special Provision. ' 2 -12.4 Measurement Section 2 -12.4 is supplemented with the following: ' Construction geosynthetic for separation when used under pavement areas to separate the top course from the subgrade, will be measured by the square yard for the ground surface area actually covered. 2 -12.5 Payment I The unit contract price for "Construction Geosynthetic for Separation ", per square yard as included in the proposal shall be full pay to furnish all materials, labor, and equipment, and to complete the work as specified. ' City of Federal Way 2014 Asphalt Overlay Project Page 125 RFB ver. 1 -08 RFB # 14 -101 2014 END OF DIVISION 2 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 126 2014 RFB ver. 1 -08 DIVISION 3 ' PRODUCTION FROM QUARRY AND PIT SITES AND STOCKPILING 3 -01 PRODUCTION FROM QUARRY AND PIT SITES 3 -01.4 Contractor Furnished Material Sources Section 3 -01.4 is supplemented with the following: No source has been provided for any materials necessary for the construction of this improvement. If the sources of material provided by the Contractor necessitates hauling over roads other than City streets, the Contractor shall, at his own cost and expense, make all arrangements ' for the use of the haul routes. 3 -01.6 Payment Section 3 -01.6 is supplemented with the following: Any work performed by the Contractor under Division 3 shall be considered incidental to ' the furnishing of materials. All cost of acquiring, producing, and placing this material shall be incidental to and included in the unit contract prices for the various items involved. IEND OF DIVISION 3 ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 127 RFB # 14 -101 2014 DIVISION 4 BASES Wherever specifications are made for "Pavement Repair and Roadway Widening" in the following division, they shall also apply to "Shoulder Reconstruction and Shoulder Widening ". 4 -04 BALLAST AND CRUSHED SURFACING Crushed surfacing shall be accomplished in accordance with Section 4 -04 of the Standard Specifications. 5/8" Minus crushed rock may be substituted for Maintenance Rock. 4 -04.4 Measurement Section 4 -04.4 is supplemented with the following: Crushed surfacing Top Course and Maintenance Rock for Shoulder Reconstruction shall both be measured by the ton. 4 -04.5 Payment Section 4 -04.5 is supplemented with the following: Payment will be made for the following bid items: 1. "Crushed Surfacing Top Course for Pavement Repair and Roadway Widening, Incl Haul ", per ton. 2. "Maintenance Rock for Shoulder Reconstruction, Incl. Haul ", per ton. The Contract bid price above, including all incidental work, shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work as defined in the Standard Specifications and these Special Provisions. END OF DIVISION 4 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 128 2014 RFB ver. 1 -08 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS Wherever specifications are made for "Pavement Repair and Roadway Widening" in the following division, they shall also apply to "Shoulder Reconstruction and Shoulder Widening" 5 -04 HOT MIX ASPHALT Hot Mix Asphalt (HMA) shall be constructed in accordance with Section 5 -04 of the Standard Specifications except as modified hereinafter. 5 -04.1 Description Section 5 -04.1 is supplemented with the following: Asphalt concrete pavement shall be used at the following locations on the project: 1. HMA CL 1/2 ", PG 64 -22: For all asphalt concrete roadway overlay construction per the Typical Roadway section details on the Plans. 2. HMA CL 1/2 ", PG 64 -22 for preleveling: For all asphalt concrete roadway overlay preleveling construction per the Typical Roadway section details on the Plans. 3. HMA CL 1/2 ", PG 64 -22 for pavement repair: For all asphalt concrete roadway reconstruction per the Typical Roadway section details on the Plans. 5 -04.2 Materials Section 5 -04.2 is supplemented with the following: Tack Coat ' All coatings for tack coat shall be considered as incidental to and included in the unit contract price for all classes of HMA. ' 5 -04.3 Construction Requirements Section 5 -04.3 is supplemented with the following: ' HMA Class 1/2" PG 64 -22 shall be placed to the compacted depths shown on the Plans and as leveling and wearing course where shown or noted. HMA over three inches (3") in compacted depth shall be placed in two (2) equal lifts. Placement shall be in accordance ' with applicable Sections of 5 -04 of the Standard Specifications, except that longitudinal joints between successive layers of HMA shall be displaced laterally a minimum of twelve inches (12"). ' During placement, the composition of the mix shall be subject to adjustment of the percentage of sand, filler, and asphalt as directed by the Engineer. Feathering Asphalt Concrete Pavement The Contractor shall feather the HMA overlay in a manner to produce a smooth riding ' connection to the existing pavement. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 129 RFB # 14 -101 2014 All costs in connection with providing, placing, and feathering the HMA shall be incidental to and included in the unit contract price for "HMA Class 1 /2" PG 64 -22 ". 5- 04.3(5) Conditioning of Existing Surface Section 5- 04.3(5) is supplemented with the following: Prior to paving, the Engineer shall mark all areas requiring a preleveling and review these areas with the Contractor. Compaction of prelevel shall be by pneumatic roller only. All costs in connection with providing and placing prelevel HMA Class 1/2" PG 64 -22 shall be measured by the ton and paid at the unit contract bid price for "HMA Class 1/2" PG 64 -22 for Preleveling". 5- 04.3(5)A Preparation of Existing Surfaces Section 5- 04.3(5)A is supplemented with eh following: Any removal of material overgrowing the roadway, such as grass or moss, in areas that are not to be repaired, will be paid as force account, under the following bid item per section 2- 01.5 of the Standard Specifications: "Roadside Cleanup" by force account. Removal of other material, such as leaves or debris that is not growing on the surface of the pavement, will be considered incidental to the project. All areas in which growing material was removed from the roadway shall be treated with Soil Residual Herbicide per section 5- 04.3(5)D. 5- 04.3(5)C Crack Sealing Section 5- 04.3(5)C is amended as following: All streets must be crack sealed, and all costs in connection with crack sealing shall be paid under the following bid items per section 2 -01.5 of the Standard Specifications: "Roadside Cleanup" by force account. 5- 04.3(5)D Soil Residual Herbicide Section 5- 04.3(5)D is amended as following: Soil Residual Herbicide shall be placed in all areas as needed, as directed by the Engineer, and all costs for Soil Residual Herbicide shall be incidental and included in the unit contract price for " HMA Class 1/2" PG 64 -22 ". 5- 04.3(5)E Pavement Repair Section 5- 04.3(5)E is supplemented with the following: Pavement repair consists of asphalt concrete sawcut, removing asphalt concrete pavement, crushed surfacing and subgrade, and installing Construction Geosynthetic for Separation, placing crushed surfacing top course, and HMA in accordance with the details shown in the City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 130 2014 RFB ver. 1 -08 Plans or as directed by the Engineer. Pavement repair excavation may also be performed by the use of a milling machine of a type that has operated successfully on work comparable with that to be done under the contract and shall be approved by the Engineer prior to use. If a milling machine is used for excavation, the excavation shall be in accordance with the "Alternative Pavement Patching Detail" shown in the Plans or as directed by the Engineer. In all types of excavation, after the removal of the asphalt, the base material will be evaluated by the inspector, to determine if it is suitable. If the base is determined not to be suitable, removal of the base material, per the typical details shown in the plans, shall be performed, and restoration will be per the typical detail, regardless of the method used for excavation. The dimensions shown on the Plans for pavement repair are approximate and are provided for bidding purposes only. The actual dimensions to be used will be marked by the Engineer at the time of construction. No changes to the unit prices bid for the various items will be permitted due to any increase or decrease in the amount of pavement repair. Contractor shall complete each pavement repair location within one working day if the pavement repair is located within the traveled way. Payment for pavement repair shall be by the unit prices bid for "Asphalt /Cement Concrete Sawcut ", "Roadway Excavation, Incl. Haul" "Crushed Surfacing Top Course for Pavement Repair and Roadway Widening, Incl. Haul ", and "HMA Class 1/2" PG 64 -22, for Pavement Repair and Roadway Widening ", specified herein. If a milling machine is used for pavement ' excavation, payment shall be by the unit bid prices for "Roadway Excavation, Incl. Haul based upon a neat line measurement of the excavated area. 5- 04.3(7)A Mix Design 5- 04.3(7)Al General Section 5- 04.3(7)A1 is supplemented with the following: The Contractor shall provide the City a mix design for all specified classes of mix and binder ' type that has been approved by WSDOT within the last 12 months. The mix design(s) shall have met all the requirements of Sections 9- 03.8(2) and 9- 03.8(6). The Contractor shall also provide documentation that the aggregates and binder used are the same as those ' used to meet the requirements for the WSDOT approved mix design. In no case shall the Contractor begin paving before the City has approved the submitted mix design(s). ' 5- 04.3(8) Mixing 5- 04.3(8)A Acceptance Sampling and Testing — HMA Mixture Delete Section 5- 04.3(8)A in its entirety and replace it with the following: ' 1. General: Dense graded mixes (HMA Classes 1/2" and 1'� shall be evaluated for quality of gradation and asphalt binder content by the Contractor and the test report submitted to the City Project Engineer. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 131 RFB # 14 -101 2014 I � 2. Aggregates: Aggregates for HMA shall be manufactured from ledge rock, talus, or gravel in accordance with Section 3 -01. The material from which they are made shall ' meet the requirements of Section 9- 03.8(2). 5- O4.3(8)B Basis of Acceptance New Section 1. The Contractor submitted reference mix design shall conform to the following requirements. HMA will be accepted based on its conformance to the project job mix formula (JMF) provided by the Contractor and laboratory density tests. For the acceptance of a project JMF, the Contractor shall submit to the Engineer a laboratory report stating that the representative samples of the various aggregates and blend sand to be used, along with the gradation data, the various aggregate stockpile averages, the proposed combining ratios, and the average gradation of the completed mix have been verified. A. Tolerances — Nonstatistical Acceptance. After the JMF is determined, the constituents of the mixture at the time of acceptance shall conform to the range of the proportion specified in the broad band specifications in for gradation and the design mix asphalt binder content plus or minus 0.5 percent. B. Adjustments: Aggregates. Upon written request from the Contractor, the Project Engineer may approve field adjustments to the JMF including the Contractor's proposed combining ratios for mineral aggregate stockpiles and blend sand. The maximum allowed gradation change shall be 2 percent for the aggregate retained on the No. 10 sieve and above, 1 percent for the aggregate passing the No. 10 and No. 40 sieves, and 0.5 percent for the aggregate passing the No. 200 sieve. Blend sand may be changed a maximum of 5 percent. The above adjustments and /or any further adjustments as ordered by the Engineer will be considered as a new JMF. Adjustments beyond these limits will require development of a new JMF. The adjusted JMF plus or minus the allowed tolerances shall be within the range of the broad band specifications. 2. Asphalt Binder Content. The Project Engineer may order or approve the Contractor's request to change asphalt binder content a maximum of - 0.3 percent from the approved JMF. No field adjustments of the JMF relative to the asphalt binder content exceeding 0.3 percent from the initial JMF will be made without approval of the Engineer. 2. Hot Mix Asphalt Mixture: A. Sampling: 1. A sample will not be obtained from either the first or last 25 tons of mix produced in each production shift. No samples shall be taken for daily quantities under 250 tons in a day. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 132 2014 RFB ver. 1 -08 2. Samples for compliance of gradation and asphalt binder content will be obtained on a random basis from the hauling vehicle. The Contractor shall provide adequate platforms to enable samples to be obtained in accordance with WAQTC FOP for AASHTO T 168. The platforms shall allow the sample to be taken without the Engineer entering the hauling vehicle. B. Test Results. The Contractor will furnish the Engineer with a copy of the results. C. Test Methods. Acceptance testing for compliance of asphalt binder content will be WSDOT FOP for AASHTO Test Method T 308. Acceptance testing for compliance of gradation will be WAQTC FOP for AASHTO T 27 &T11. E. Rejection by Contractor: The Contractor may, prior to sampling, elect to remove any defective material and replace it with new material at no expense to the City. Any such new material will be sampled, tested, and evaluated for acceptance. 5- 04.3(10) Compaction 5- 04.3(10)6 Control Delete Section 5- 04.3(10)B in its entirety and replace it with the following: For HMA, where paving is in the traffic lanes, including lanes for ramps, truck climbing, weaving, speed changes, and left turn channelization, and the specified compacted course thickness is greater than 0.10 foot, the acceptable level of compaction shall be a minimum of ninety-two percent (92 %) of the maximum density as determined by WSDOT Test Method 705. The level of compaction attained will be determined as the average of not less than five (5) nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at randomly selected locations within each lot. The quantity represented by each lot will be no greater than a single day's production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and repl6ced with satisfactory material. At the option of the Engineer, noncomplying material may be accepted at a reduced price. Cores may be used as an alternate to the nuclear density gauge tests. When cores are taken by the Engineer at the request of the Contractor, the request shall be made by noon of the first working day following placement of the mix. The Engineer shall be reimbursed for the coring expenses at the rate of Two Hundred and 00 /100 Dollars ($200.00) per core when the core indicates the acceptable level of compaction within a lot has not been achieved. At the start of paving, if requested by the Contractor, a compaction test section shall be constructed as directed by the Engineer to determine the compatibility of the mix design. Compatibility shall be based on the ability of the mix to attain the specified minimum ' density (ninety-two percent (92 %) of the maximum density determined by WSDOT Test Method 705). Following determination of compatibility, the Contractor is responsible for the ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 133 2014 RFB ver. 1 -08 control of the compaction effort. If the Contractor does not request a test section, the mix will be considered compactable. HMA constructed under conditions other than listed above shall be compacted on the basis of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. Preleveling mix shall be compacted to the satisfaction of the Engineer. In addition to the randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density readings. These additional tests shall not impact the compaction evaluation of the entire control lot. 5- 04.3(13) Surface Smoothness Replace the first paragraph with the following: The completed surface of all courses shall be of uniform texture, smooth, uniform as to crown and grade, and free from defects of all kinds. The completed surface of the wearing course shall not vary more than 1/8 inch from the lower edge of a 10 -foot straightedge placed on the surface parallel to the centerline. The transverse slope of the completed surface of the wearing course shall vary not more than 1/4 inch in 10 feet from the rate of transverse slope shown in the Plans. 5- 04.3(14) Planing Bituminous Pavement Section 5- 04.3(14) is supplemented with the following: The roadway shall be planed only within the limits shown on the Plans and as directed by the Engineer. The beginning and ending of each lane of planing shall be squared off to form a uniform joint. All "fins" and small sections of old pavement remaining around existing castings shall be removed by hand operations, if necessary, to provide a stable edge for overlay pavement. The Contractor shall provide for safe vehicular travel over existing manholes, valve boxes, etc., during planing operations. Prior to opening to traffic, any delaminating of existing HMA shall be removed from the site and resulting holes shall be patched with HMA Class 1/2" PG 64 -22, and shall be paid under "HMA Class 1/2" PG 64 -22, for Repair and Roadway Widening ". Also, the surface shall be cleaned by sweeping to remove dust and foreign matter. A sweeper shall be present at all times during planing operations. Planing and paving activities shall be coordinated so that all planed sections of roadway are overlaid within seven (7) working days. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 134 2014 RFB ver. 1 -08 ' HMA Pianings The Contractor shall have the option of utilizing up to twenty percent (20 %) asphalt concrete planings in the production of HMA. Planings shall be clean and free of I'', ■ contamination and sized prior to mixing to assure a uniform mix. The Engineer may modify the planing maximum mix size if the planings are not breaking ' down during mixing and heating. The gradation of the HMA mix shall be the responsibility of the Contractor. When combined ' with recycled material the HMA shall meet the gradation specification for the specified class. ' The Contractor shall submit his proposal for proportions of recycled material, including representative samples taken in the presence of the Engineer, to be used. The Contractor shall allow 14 days after delivery to the City Materials Laboratory for approval of the mix. ' Additional time may be required if proportions do not make an adequate design or if more than one source of material is being approved. Production of HMA will not commence until a job mix design has been approved. ' Butt Joints Butt joints shall be planed to the dimensions shown in the Plans. Measurement shall be by the square yard for Planing of Bituminous Pavement as specified in Section 5 -04.4 of the Standard Specifications. Damage ' Damage from planing beyond the planing limits or from the Contractor's operations shall be repaired at the Contractor's expense. 5- 04.3(17) Paving Under Traffic Section 5- 04.3(17) is supplemented with the following: The Contractor shall install, maintain, and remove approved four inch (4 ") wide reflective traffic tape, and /or temporary reflective lane markers, when paint lines or other pavement markings are obliterated due to construction activities or pavement restoration, whenever permanent pavement markings are included in the Contract and traffic is released onto public streets or roadways prior to installation of permanent pavement markings, or as directed by the Engineer. The Contractor shall perform preliminary layout work to the satisfaction of the Engineer prior to installation of the temporary pavement markings. The temporary pavement markings shall be installed and maintained to the satisfaction of the Engineer until the permanent pavement markings are installed and approved in writing by the Engineer. After approval of permanent lane markings, the Contractor shall remove the temporary lane markings to the satisfaction of the Engineer. All permanent pavement markings must be placed no later than seven (7) calendar days after the final lift of paving is completed, except 90 -mil methyl methacrylate materials, which must be placed no later than twenty - one (21) calendar days after the final lift of paving is completed. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 135 RFB # 14 -101 2014 Appropriately colored 4 -inch wide reflective traffic tape shall be installed with a skip pattern based on a 10 -foot unit consisting of a 1 -foot line of tape and a nine foot (9') gap, unless otherwise specified on the Plans or in the Special Provisions. Reflective traffic tape markings shall generally follow the alignment for the permanent pavement markings and double lines shall be used when specified for the permanent pavement markings. Reflective tape shall not be used when the temporary pavement markings are to be exposed to traffic for more than two weeks without the written approval of the Engineer. All costs in connection with temporary tape shall be incidental to and included in the unit contract price for "HMA Class 1/2" PG 64 -22 ". 5- 04.3(20) Anti - Stripping Additive Section 5- 04.3(20) is supplemented with the following: When an approved anti - striping additive is added to a class of asphalt concrete pavement as a result of a proper mix design, it shall be approved by the City. Once designated for use on a specific project, the brand, grade, or percentage of anti - stripping additive shall not be changed without approval of the Engineer. All anti -strip additive shall be considered as incidental to and included in the unit contract price for all classes of HMA. 5- 04.3(22) Paving Fabric New Section I Paving fabric shall be placed before placement of asphalt concrete overlay and only after the I entire area has been crack sealed and preleveled. Materials Asphalt Cement: Specifications. CSS -1 per Section 9 -02 Bituminous Materials of the Standard I Fabric: Nonwoven polypropylene material. Weight 3 to 5 ozs. /SY Tensile Strength, either direction 90 lbs. minimum Elongation 50% minimum Asphalt Retention 0.2 gal. /SY minimum Melting Point 300 Surface Texture Heat -Set on One Side Equipment Requirements All equipment, tools, and machines shall be subject to approval of the Engineer. Surface cleaning equipment shall be capable of removing oil, grease, and other objectionable materials from the pavement surface. Application equipment shall consist of brooms and distributor. The distributor shall have a capacity of not less than 1,000 gallons. Asphalt shall be uniformly applied at the specified rate. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 136 2014 RFB ver. 1 -08 ' The distributor shall be equipped with a ten foot (10') spray bar and extensions, pressure pump and gauge, volume gauge located to be easily read by the inspector from the ground, a tachometer to control accurately the speed and spread of asphalt and two ' thermometers -one to be permanently installed indication continuous asphalt temperatures. Power for the pressure pump shall be supplied by an independent power unit developing a minimum of 25 psi pressure at the spray bar. ' Surface Preparation The pavement surface shall be dry and free of all foreign materials such as dirt, vegetation, ' grease, oil, etc. Cracks shall be filled per Section 5- 04.3(5)C Crack Sealing of the Standard Specifications Holes shall be repaired per section 5- 04.3(5)E "Pavement Repair ". ' Where HMA depths are 2 inches or less, soil residual herbicide shall be applied to the subgrade per Section 5- 04.3(5)D Soil Residual Herbicide of the Standard Specifications. Payment for Soil Residual Herbicide shall be incidental to and be included in the unit price for "Paving Fabric ". Asphalt Application The asphalt, with minimum temperature of 290 degrees F, shall be sprayed uniformly at the rate of 0.25 to 0.30 gallons per square yard over the area to be fabric covered. The Contractor shall shield preceding applications to avoid laps and ridges at separate ' applications of asphalt. Applications of asphalt in inaccessible areas may be provided by a suitable hand sprayer. Fabric Application The Contractor shall not begin fabric application until the Engineer has determined that the site is properly prepared and all materials, equipment, and labor are ready. Since fabric cannot be moved once placed, the initial alignment is very important. If alignment is to be changed, the fabric shall be cut and realigned with an overlapping joint a minimum of six inches (6 ") in the direction of traffic. For transverse lapped joints the top fabric shall be folded back six inches (6 ") to allow application of 0.005 gallons per square yard of asphalt. The joint shall be broomed and squeegeed to form a smooth lap. ' The fabric shall be broomed into the asphalt eliminating all air bubbles. Weather Limitations ' Work shall only be done during dry conditions above 60 degrees F or in accordance with the manufacturer's recommendations or requirements. ' Membrane Curing The entire surface of the fabric shall be pneumatically rolled until the fabric is well embedded into the asphalt. HMA Overlay The HMA overlay shall immediately follow the fabric installation. The fabric manufacture's recommendations and requirements regarding asphalt temperature, protection of fabric, rolling temperature and technique, etc. shall be followed. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 137 2014 RFB ver. 1 -08 The Contractor shall not place more fabric than can be overlaid on the same day. No fabric except that which is required for normal lapped joints shall be exposed to traffic. In the event the traffic must drive on the fabric, the fabric shall be dusted with sand to ' prevent tire pickup of asphalt. Before resuming asphalt overlay, the sand shall be swept clean from the fabric. 5 -04.5 Payment Payment will be made per the Standard Specifications for each of the following bid items that are included in the proposal: "HMA Class 1/2" PG 64 -22 ", per ton. "HMA Class 1/2" PG 64 -22, for Pavement Repair and Roadway Widening" per ton. "HMA Class 1/2" PG 64 -22 for Preleveling ", per ton. "Planing Bituminous Pavement per square yard. "Paving Fabric ", per square yard. The contract bid prices above, including all incidental work shall be full compensation for all prime coat, tack coat, labor, materials, tools and equipment necessary to satisfactorily complete the work as defined in the Standard Specifications and the Special Provisions. 5- 04.5(1) Quality Assurance Price Adjustments Delete Section 5- 04.5(1) in its entirety. 5- 04.5(1)A Price Adjustment for Quality of HMA Mixture Delete Section 5- 04.5(1)A in its entirety. 5- 04.5(1)B Price Adjustment for Quality of HMA Compaction Delete Section 5- 04.5(1)B in its entirety. END OF DIVISION 5 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 138 2014 RFB ver. 1 -08 ■ DIVISION 7 ' DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7 -05 MANHOLES, INLETS, CATCH BASINS, AND DRYWELLS Adjustments and repair of manholes and catch basins shall be in accordance with Section 7 -05 of the Standard Specifications except as modified hereinafter. 7- 05.3(1) Adjusting Manholes, Catch Basins to Grade Section 7- 05.3(1) is supplemented with the following: The existing cast iron ring and cover on manholes and the frame and grate on catch basins, ' shall be removed and be reinstalled at the new elevation, frame ring extensions may not be used. Contractor shall submit catalog cuts of extensions for approval. For the excavation and restoration for adjustment of catch basins and manholes, final adjustment of all covers and access entries shall be made following final paving per Section 8.04 of the King County Road Standards, except that in part three only concrete will be allowed, no crushed rock or ATB, per the detail included in Appendix B. The City of Federal Way Surface Water Maintenance will provide high impact risers and lids for specified manholes or catch basins. All catch basin frames and grates removed shall remain the property of the City and shall be delivered by the Contractor to the City as directed by the Engineer. I, ■ 7 -05.4 Measurement Section 7 -05.4 is supplemented with the following: ■ Locking Metal Cover and Frame for Catch Basin shall be measured per each. ' Repair Catch Basins shall be measured per each. Adjustment of Manholes, Catch Basins, and Inlets will be measured per each. ' 7 -05.5 Payment Payment will be made for each of the following bid items that are included in the proposal: ■ "Adjust Manholes ", per each. "Adjust Catch Basins ", per each. ■ The contract bid prices for the above, including all incidental work, shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work as ' defined in the Standard Specifications and these Special Provisions. Sawcutting, pavement removal and repair, excavation, curb and gutter removal and replacement, and any other work required to complete the items of work shall be considered incidental to other bid items, and no separate payment will be made. END OF DIVISION 7 ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 139 2014 RFB ver. 1 -08 ■ DIVISION 8 MISCELLANEOUS CONSTRUCTION 8 -04 CURB, GUTTERS, AND SPILLWAYS 8 -04.3 Construction Requirements Section 8 -04.3 is supplemented with the following: The subgrade for curb and gutter sections shall be compacted to ninety -five (95 %) percent density. A minimum of four (4) inches of CSTC, compacted to ninety -five (95 %) percent density shall be placed under curb and gutter prior to installation. The top of the finished concrete shall not deviate more than one - eighth inch (1/8') in ten feet (10� or the alignment one - fourth inch (1/4') in ten feet (10�. The existing concrete curb and gutter shall be removed in accordance with section 2- 02.3(3) which leaves a two (2) feet gap. This gap shall have its subgrade prepared and be paved with a minimum of four inches (4 ") CSTC and three inches (3 ") HMA Class 1/2" PG 64 -22 (compacted depths), or match existing depths whichever is greater. See standard plans for details. Cement Concrete Curb and Gutter, Mountable Cement Concrete Curb and Cement Concrete Extruded Curb shall be removed and replaced as shown on the plans or at designated locations as directed by the City. Cement Concrete Curb and Gutter at existing curb ramps shall be removed and replaced as shown on the plans or at designated locations as directed by the City. Extra care shall be taken to protect existing traffic loops to remain, when removing and replacing pavement, curb and gutter. Any traffic loops damaged by the Contractor shall be replaced at the Contractor's expense. New curb and gutter shall conform to the details on the design plans and Current WAC for Barrier Free Design. Mountable Cement Concrete Curb and Extruded Concrete Curb shall be placed no later than seven (7) calendar days after the final lift of paving has been completed in each Schedule where required. Mountable Cement Concrete Curb shall be painted with two full coats of paint formula No. H -2 -83 as shown in the Plans or as designated by the Engineer. The paint can be applied by brush or spray. The second coat shall have glass traffic paint beads sprinkled in the wet paint at the rate of 12 pounds per 100 linear foot of curbing. The beads shall conform to the requirements of Section 9 -34.4. Pedestrian Refuge Islands City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 140 2014 RFB ver. 1 -08 ' Cement Concrete Extruded Curb, shall be installed per plans and details for Pedestrian Refuge Islands. ' A minimum of four (4) inches of CSTC, compacted to ninety -five (95 %) percent density shall be placed inside of cement concrete extruded curb for the construction of Pedestrian Refuge Islands. Two inches (2 ") HMA Class 1/2" PG 64 -22 (compacted depths), and match top of cement concrete extruded curb for the construction of Pedestrian Refuge Islands. See standard plans for details. Cement concrete extruded curb shall be painted per WSDOT standard specification 8- ' 07.3(2). Pedestrian Refuge Islands in the roadway are painted yellow and the Modified Pedestrian Refuge Island is painted white. ' If any section of curb and gutter, mountable cement concrete curb or extruded concrete curb is damaged due to vandalism, such as writing, by vehicles or pedestrians, the entire section, between joints, shall be removed and replaced, at no cost to the City. 8 -04.4 Measurement Section 8 -04.4 is supplemented with the following: ' The City inspector shall designate the locations and limits of removal and replacement. All curb and gutter, mountable cement concrete curb and extruded curb removal and replacement will be measured by the lineal foot along the line and slope of the completed curb and gutter, and extruded curb. Cement concrete curb and gutter removal and ' replacement for wheelchair ramps will be incidental to "Wheelchair Ramps, Complete ", per each. The City inspector shall designate the locations and limits of removal and replacement. 1 Where shown on the plans or as directed by the Engineer, existing ramps to be removed and replaced with cement concrete sidewalk, curb and gutter, the curb and gutter shall be ' measured by the lineal foot of curb and gutter replaced, and shall be paid at the unit contract bid price for "Removal and Replacement of Existing Concrete Curb and Gutter ". ' Pedestrian Refuge Island, Complete shall be measured per each, and shall include all items necessary to install a complete Pedestrian Refuge Island per appropriate detail, and shall include the removal of existing pedestrian refuge island. The City inspector shall designate ' the locations and limits of removal. No separate measurement shall be made for installation or painting of Cement Concrete Extruded Curb or installation of detectable warnings (Truncated Domes) and will be incidental to "Pedestrian Refuge Island, Complete ", per each. 1 8 -04.5 Payment City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 141 RFB # 14 -101 2014 Payment for the removal and replacement of concrete curb and gutter, and concrete extruded curb, with the exception of removal and replacement of concrete curb and gutter for wheelchair ramps shall be included in the following: 1. "Removal and Replacement of Existing Concrete Curb and Gutter'; per linear foot. 2. "Removal and Replacement of Existing Concrete Extruded Curb" per linear foot. 3. "Removal and Replacement of Existing Mountable Cement Concrete Curb ", per linear foot. 4. "Pedestrian Refuge Island, Complete ", per each. The unit contract price per linear foot shall be full payment for all incidental work, excavation, forms, preparation of subgrade, placement, backfill and compaction, HMA Class 1/2" PG 64 -22 and CSTC for pavement repair, and all other materials, tools, equipment, and labor required for the construction of same. The unit bid price in the Proposal for "Pedestrian Refuge Island, Complete" will be full compensation for the cost of any and all excavation, forms, preparation of subgrade, placement, backfill and compaction, HMA Class 1/2" PG 64 -22 and CSTC, paint, detectable warning strips per detail, and all other materials, tools, equipment, and labor required for the construction of same and are incidental to the other bid items within the proposal. SECTION 8 -07, PRECAST TRAFFIC CURB AND BLOCK TRAFFIC CURB 8 -07.1 Description Section 8 -07.1 is deleted and replaced with the following: (January 11, 2014 * * * * * *) This work consists of furnishing and installing precast traffic curb, block curb, sloped mountable curb, or dual faced sloped mountable curb of the design and type specified in the Plans in accordance with these Specifications and the Standard Plans in the locations indicated in the Plans or as staked by the Engineer. 8 -07.2 Materials Section 8 -07.2 is deleted and replaced with the following: (January 11, 2014 * * * * * *) Materials shall meet the requirements of the following sections: Paint 9 -08.1 Precast Traffic Curb 9 -18.1 Block Traffic Curb 9 -18.3 Water Repellent Compound 9 -18.4 Sodium Metasilicate 9 -18.5 Mortar 9 -20.4. 8- 07.3(1) Installing Curbs Section 8- 07.3(1) is deleted and replaced with the following: (January 11, 2014 * * * * * *) The curb shall be firmly bedded for its entire length and breadth on a mortar bed conforming to Section 9- 20.4(3) composed of one part Portland cement and two parts of concrete sand. The anchor grooves in the bottom of the curb shall be entirely filled with the mortar. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 142 2014 RFB ver. 1 -08 Before the cement mortar bed in laid, all dirt shall be cleaned from the pavement surface by washing. All old pavements and any portion of new pavements constructed under this Contract, ' which are coved with oil or grease within the curb limits, shall be further cleaned as follows: 1. The pavement shall be flushed with water. ' 2. While the pavement is still wet, sodium metasilicate, complying with the requirements as specified elsewhere herein, shall be evenly distributed over the pavement surface at a rate of 1 to 2 pound per 100 square feet of pavement surface. 3. The sodium metasilicate shall remain on the pavement for at least 15 minutes. Where patches of oil, tar, or grease occur, these areas shall be scrubbed with a brush or broom. 4. The pavement surface shall then be thoroughly rinsed. All joins between adjacent pieces of curb except joints for expansion and /or drainage as designated by the Engineer shall be filled with mortar composed of one part Portland cement and two parts sand. The joints between adjacent units of block traffic curb will not require mortaring. The ' alignment and the top surface of adjoining sections of curb shall be true and even with a maximum tolerance of 1/16 inch. For both type of curb, nosing pieces, connecting dividers, and radial sections, as detailed in the Plans, will required at the ends of the curb lines, at transitions from Type C traffic curb to Type A traffic curb, and at Type A traffic curb installation with radii less than 10 feet. For sloped mountable curb installed in curves, the unit shall be either curved blocks precast to the radii shown in the Plans or tangent blocks sawn to the dimensions shown in the Standard Plans to conform to the specified radii. 8 -07.4 Measurement Section 8 -07.4 is deleted and replaced with the following: (January 11, 2014 * * * * * *) ' Precast Type C Curb and Type C Block Traffic Curb will be measured by the linear foot along the axis of the curb. Type C Nosing pieces will be measured as Precast Type C Traffic Curb. 8 -07.5 Pavement ' Section 8 -07.5 is deleted and replaced with the following: (January 11, 20.14 * * * * * *) Payment will be made in accordance with Section 1 -04.1, for each of the following Bid Items that are included in the Proposal: "Precast Type C Traffic Curb ", per linear foot. City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 143 RFB # 14 -101 2014 8 -09 Raised Pavement Markers 8 -09.3 Construction Requirements Section 8 -09.3 is supplemented with the following: ( * * * * * *) RPMs shall be installed per City of Federal Way Standard Details 8 -09.4 Measurement Measurement of markers will be by units of 100 for each type of marker furnished and set in place. 8 -09.5 Payment (January 11, 2014 * * * * * *) "Raised Pavement Marker, Type 2 ", per Hundred. "Hydrant Marker, Type 26 per each. 8 -13 MONUMENT CASES (January 11, 2014 * * * * * *) 8- 13.3(1) Adjusting Monument Cases The existing cast iron ring and cover on monument cases shall be removed and replaced at the new elevation, frame ring extensions may not be used. Contractor shall submit catalog cuts of extensions for approval. Following monument case adjustment, the monument shall be verified for position by the City. If the monument has been displaced by the Contractor's operations, the Contractor shall at his own expense, remove and replace the case and reestablish the monument. 8 -13.5 Payment Section 8 -13.5 is supplemented with the following: ( * * * * * *) "Adjust Existing Monument Case and Cover ", per each. The contract bid price for the above, including all incidental work, shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work as defined in these Special Provisions. 8 -14 CEMENT CONCRETE SIDEWALKS 8 -14.1 Description Section 8 -14.1 is supplemented with the following: Existing cement concrete sidewalks, driveway approaches, truncated dome retrofit and existing wheelchair ramps shall be removed and replaced at designated locations as City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 144 2014 RFB ver. 1 -08 directed by the City. New wheelchair ramps and warning strips shall conform to the details on the design plans and Current WAC for Barrier Free Design. If any section of sidewalk is damaged due to vandalism, such as writing, by vehicles or ' pedestrians, the entire section, between joints, shall be removed and replaced, at no cost to the City. 8 -14.2 Materials Section 8 -14.2 is supplemented with the following: Material requirements for sidewalks shall also be applied to driveway approaches and wheelchair ramps. 8 -14.3 Construction Requirements Section 8 -14.3 is supplemented with the following: The subgrade for sidewalks, driveway approaches, and wheelchair ramps shall be compacted to ninety-five percent (95 %) density. CSTC, compacted to ninety-five percent (95 %) density shall be placed at the following depths, under sidewalks, driveway approached and wheelchair ramps prior to installation. Sidewalks two inches (2 ") Driveway Approaches four inches (4 ") Wheelchair Ramps two inches (2 ") Truncated Dome Retrofit two inches (2'� 8 -14.4 Measurement Section 8 -14.4 is supplemented with the following: Cement concrete sidewalk and driveway approaches for removal and replacement shall be measured by the square yard of finished surface replaced. The City inspector shall designate the locations and limits of removal. Where shown on the plans or as directed by the Engineer, existing ramps to be removed ' and replaced with cement concrete sidewalk, and curb and gutter, the cement concrete sidewalk shall be measured by the square yard of finished surface replaced, and shall be paid at the unit contract bid price for "Removal and Replacement of Existing Concrete Sidewalk ". The cost shall include all work necessary to construct the sidewalk including backfilling with crushed surfacing top course to finished grade. ' Wheelchair ramps shall be measured per each, and shall include all items necessary to install a complete wheelchair ramp per appropriate detail, and shall include the removal of existing curb ramps or sidewalks. The City inspector shall designate the locations and limits ' of removal. Truncated dome retrofit shall be measured per each and shall include all items necessary to install a complete truncated dome retrofit per appropriate detail. The City inspector shall designate the locations and limits of removal. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 145 RFB # 14 -101 2014 8 -14.5 Payment Section 8 -14.5 is supplemented with the following: 1. "Removal and Replacement of Concrete Sidewalk" per square yard. 2. "Removal and Replacement of Concrete Approach ", per square yard. 3. "Removal of Cement Concrete Pavement ", per square yard. 4. "Wheelchair Ramp Type 1, Complete ", per each. 5. "Wheelchair Ramp Type 2, Complete ", per each. 6. "Wheelchair Ramp Type 3, Complete ", per each. 7. "Truncated Dome Retrofit ", per each. The contract bid price for the above, including all incidental work, and shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work. All costs associated with removal and disposal of cement concrete pavement shall be included in the item "Removal of Cement Concrete Pavement ", per square yard. 8 -20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, AND ELECTRICAL 8 -20.1 Description Section 8 -20.1 is replaced with the following: All work shall be performed as shown in the Plans in accordance with applicable Standard Specifications and Standard Plans included herein and the following Special Provisions. Work shall include the supply, testing, and installation of all traffic signal hardware including the communication cable and interface system, and when specified, the modification of such an existing system. The work involves, but shall not be limited to, the following: 1. Signal poles 2. Signal and pedestrian heads 3. Video detection 4. Junction boxes 5. Loop detection 6. Conduit and wire Work shall include the supply, testing and installation of all traffic signal hardware including the communication cable and interface system, and when specified, the modification of such an existing system. The existing traffic signal system shall be kept in full operation during construction until the new system is in place and ready for turn -on. 8- 20.2(1) Equipment List And Drawings The first paragraph is deleted and replaced with the following: (January 26, 2012 * * * * * *) Within one (1) week following the pre - construction conference, the Contractor shall submit to the Engineer a completed "Request for Approval of Materials" that describes the material City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 146 2014 RFB ver. 1 -08 proposed for use to fulfill the Plans and Specifications. Manufacturer's technical information shall be submitted for signal, electrical and luminaire equipment, all wire, conduit, junction boxes, and all other items to be used on the project. Approvals by the Engineer must be received before material will be allowed on the job site. Materials not approved will not be permitted on the job site. (March 13, 1995 WSDOT GSP) ' If traffic signal standards, strain pole standards, or combination traffic signal and lighting standards are required, final verified dimensions including pole base to signal mast arm connection point, pole base to light source distances (H1), mast arm length, offset distances ' to mast arm mounted appurtenances, and orientations of pole mounted appurtenances will be furnished by the Engineer as part of the final approved shop drawings prior to fabrication. 8 -20.3 Construction Requirements 8- 20.3(1) General Section 8- 20.3(1) is supplemented with the following: Contractor Owned Removals All removals associated with an electrical system, which are not designated to remain the property of the Contracting Agency, shall become the property of the Contractor and shall be removed from the project. The Contractor shall: 1. Remove all wires for discontinued circuits from the conduit system or as directed by the Engineer. 2. Remove elbow sections of abandoned conduit entering junction boxes or as directed by the Engineer. 3. Abandoned conduit encountered during excavation shall be removed to the nearest outlets or as directed by the Engineer. 4. Remove foundations entirely, unless the Plans state otherwise. 5. Backfill voids created by removal of foundations and junction boxes. Backfilling and compaction shall be performed in accordance with Section 2 -19 09.3(1)E. 8- 20.3(6) ]unction Boxes, Cable Vaults, and Pull Boxes Section 8- 20.3(6) is supplemented with the following: (March 13, 2012 * * * * * *) Unless otherwise noted in the Plans or approved by the Engineer, junction boxes, cable vaults and pull boxes shall not be placed within the traveled way or shoulders. All junction boxes, cable vaults, and pull boxes placed within the traveled way or paved shoulders shall be heavy -duty. Junction boxes shall not be located within the traveled way, wheelchair ramps, or driveways, or interfere with any other previous or relocated installation. The lid of the junction box shall be flush with the surrounding area and be adequately supported by abutting pavements or soils. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 147 2014 RFB ver. 1 -08 Junction boxes, cable vaults and pull boxes which are placed within the sidewalk shall have slip resistant lids which meet the requirements of Americans with Disabilities Act (ADA) and Public Right -of -Way Accessibility Guideline (PROWAG). Approved products are: 1.) Mebacl (their most aggressive surface) manufactured by IKG Industries 2.) SlipNOT Grade 3- coarse manufactured by W.S. Molnar Company. Approved slip resistant surfaces shall have coefficient of friction of no less than 0.6 and have a proven track record of outdoor application which lasts for at least 10 years. Wiring shall not be pulled into any conduit until all associated junction boxes have been adjusted to, or installed in, their final grade and location, unless installation is necessary to maintain system operation. If wire is installed for this reason, sufficient slack shall be left to allow for future adjustment. Adjustments involving raising or lowering the junction boxes shall require conduit modification if the resultant clearance between top of conduit and the junction box lid becomes less than 6 inches or more than 10 inches. Wiring shall be replaced for full length if sufficient slack as specified in Section 8- 20.3(8) is not maintained. No splicing will be permitted. Junction boxes Type 1 and 2 shall meet the requirements of WSDOT Standard Plan J- 40.10- 01. Type 8 junction boxes shall meet the requirements of WSDOT Standard Plan 3- 40.30 -01. Junction boxes shall be inscribed based upon system per WSDOT Standard Plan 3- 40.30.01. Junction box lids and frames shall be grounded per Section 8- 20.3(9). Junction boxes shall be located at the station and offset indicated on the Plans except that field adjustments may be made at the time of construction by the Engineer to better fit existing field conditions. Junction boxes for copper and /or fiber signal interconnect shall be placed at a maximum interval of 300 feet and shall be inscribed with "TS" as described on WSDOT Standard Plan J- 40.30 -01. Heavy -duty Type 4, 5 and 6 junction boxes, cable vaults and pull boxes shall be installed in accordance with the following: 1. Excavation and backfill shall be in accordance with Section 2 -09. Excavation for junction boxes, cable vaults and pull boxes shall be sufficient to leave one foot in the clear between their outer surface and the earth bank. 2. Junction boxes, cable vaults and pull boxes shall be installed on a level 6 -inch layer of crushed surfacing top course, in accordance with 9- 03.9(3), placed on a compacted or undisturbed foundation. The crushed surfacing shall be compacted in accordance with Section 2- 09.3(1)E. 3. After installation, the lid /cover shall be kept bolted down during periods when work is not actively in progress at the junction box, cable vault or pull box. 4. Before closing the lid /cover, the lid /cover and the frame /ring shall be thoroughly brushed and cleaned of all debris. There shall be absolutely no visible dirt, sand or other foreign matter between the bearing surfaces. 5. When the lid /cover is closed for the final time, a liberal coating of anti37 seize compound shall be applied to the bolts and nuts and the lid shall be securely tightened. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 148 2014 RFB ver. 1 -08 1 6. Hinges on the Type 4, 5 and 6 junction boxes shall be located on the side of the box, ' which is nearest to adjacent shoulder. Hinges shall allow the lid to open 180 degrees. 8- 20.3(8) Wiring Section 8- 20.3(8) is modified as follows: ' (March 6, 2012 * * * * * *) The following is inserted between the 3rd and 4th paragraph of this section: Loop wires will be spliced to lead in wires at the junction box with an approved mastik tape, 3 -M 06147 or equal, leaving 3 feet of loose wire. Connectors will be copper and sized for the wire. Mastik splice material will be centered on the wire and folded up around both sides and joined at the top. Splice will then be worked from the center outward to the ends. The ends will be visible and fully sealed around the ' wire. The end of the lead -in cables shall have the sheathing removed 8 inches and shall be dressed external to the splice. IL 1 ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 149 RFB # 14 -101 2014 The 14th paragraph, items 1 -4, of this section are deleted and replaced with the following: Field Wiring Chart (IMSA Standards) Phases 1 501 +Input 508 AC +Detectors 502 AC- 509 AC +12 Volts 503 AC +Lights 510 Remote -Flash 504 AC +Lights 511 Remote -All Red 505 AC +Lights 512 -520 Special 506 AC +Control 551 -562 Interconnect 507 AC +Crosswalk 593 -598 Rail Road Preemption City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 150 2014 RFB ver. 1 -08 Phases 1 2 3 4 5 6 7 8 A B Emergen.c.Y ............... Orange...( B+)... ............................... ......................58.1..... ............................584 . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 587 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 590 . . . . . . . . . . . . . . . . . . .................................................. Vehicle Yellow...( Call.).......................... .............................. - 582 .............................._ 585. ............................... 588 .............................._ 591.................... ............................... . .......... ........................... . . Preemption ............. Blue...( BB}.................................... ............................... 583....... ........................586.... ............................589 ........................................................................ 592 ............................... Vehicle Red 611 621 631 641 651 661 671 681 691 601 Heads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orange ............................... ..... ......... . . . . . . . . . . . . . . . . . . . . . . 612 ................. . . . . . . . . . . . . . . . . . . . . . . 622 ................. . . . . . . . . . . . . . . . . . . . . . . 632 ................. . . . . . . . . . . . . . . . . . . . . . . . 642 ................. . . . . . . . . . . . . . . . . . . . . . . 652 ................. . . . . . . . . . . . . . . . . . . . . . . 662 ... ...............- . . . . . . . . . . . . . . . . . . . . . . . 672 ............... . . . . . . . . . . . . . . . . . . . . . . 682 ................. . . . . . . . . . . . . . . . . . . . . . . 692 ................. . . . . . . . . . . . . . . . . . . . . . . . . 602 ................. Green 613 .............. 623 .................. 633 ................. 643 ................. 653 ................. 663 ..... ............................... 673 683 ................ 693 ..... ............................... 603 .................... Black 614 624 .................. 634 ................. 644 ................. 654 .................. 664 .... ............................... 674 684 ................. 694 604 ................. .................... White ................. 616 626 636 646 656 666 676 686 .................. 696 606 ............................... ............................... (Common) -............................................................................................................................................................................................................................................................ ............................... Pedestrian Red (Hand) 711 721 .............................................................................................................................................................. 731 741 751 761 771 781 791 ............................... 701 ......................................... .............................(. Heads and *a .. Green ( Man} 712 ............................................................................................................................................................. 722 732 742 752 762 772 782 792 702 PPB .......... White (Common 716 726 736 746 756 766 776 786 ............................... 796 706 .........for Lights) .............. ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Orange 714 724 734 744 754 764 774 784 794 704 (Push ..button) .......... .......................................................................................................................................................................................................................................................... ............................... Black (Common 715 725 735 745 755 764 775 785 795 705 for Push button} ....................................................................................................................................................................................................................................................... ............................... Vehicle Loop .1 ..................... .... 811 ................. 821 ................. 831 ................. 841 ................. 851 ................. 861 ................. 871 .................. 881 ................. 891 ................. 801 .................. Detectors Loop 1 ..................... 812 ....... 822 ....................... 832 ............................... 842 852 ......................................... 862 872 ............................... 882 892 ..... ............................... 802 Loop ........................ ............................... 813....... 823 .... ....................... 833 .... ............................... 843 ..... 853 ..... ................. 863 .... ..... ............................... 873 ..... 883 ..... ................. 893 .... ..... ...............I............... 803 ... .. Loop 2 814. ....................................................................................................................................... 824 834 844 854 864 874 884 894 ............................... 804 ................ Loop.3 ...................... 815 .825 .835 .845 ................................................................................................................ 855 865 875 885 895 ................_.............. 805 _ Loop 3 ...................... ............................... 816......... 826......... 836 ..... . 846. .................... 856 866 .... ...8................................................................. 76 886 896 ............................... 806 _ Loop._ 4 ...................... .............................._ 817.......... 827......... 837....... ..847..........857.........867 ........................................................................ 877 887 897 ............................... 807 _ Loop. 4 ....... ............................... ...............818..........828 . . .. . . .. . . . . . 838 . . . . . . . . . . . . . . . . . . . . . . 848 . . . . . . . . . . . . . . . . . . . . . . 858 . . . . . . . . . . . . . . . . . . . . . . 868 . . . . . . . . . . . . . . . . . . . . . . . 878 . . . . . . . . . . . . . . . . . . . . . . 888 . . . . . . . . . . . . . . . . . . . . . . 898 . . . . . . . . . . . . . . . . . . . . . . . 808 . . . . . . . . . . . . . . . . . . . . . . . Vehicle Loop .1 .................... .............. .911 .. ... 921 ................. 931 ................. 941 ...............I. 951 ................. 961 ................. 971 ................I. 981 ................. 991 ................. 901 .................. Detectors/ Loop 1 .............. .912 . . . . . . . . . . . . . . . . 922 . . . . . . . . . . . . . . . . . . . . . . 932 . . . . . . . . . . . . . . . . . . . . . . 942 . . . . . . . . . . . . . . . . . . . . . . . 952 . . . . . . . . . . . . . . . . . . . . . 962 . . . . . . . . . . . . . . . . . . . . . . . 972 . . . . . . . . . . . . . . . . . . . . . . 982 . . . . . . . . . . . . . . . . . . . . . . 992 . . . . . . . . . . . . . . . . . . . . . . . 902 . . . . . . . . . . . . . . . . . . . . . . . Count Loops Loo p_ 2 ...... ............................... .. .913 .923 ................................................................................................................................................................. 933 943 953 963 973 983 993 ............................... 903 _ Loop ...... ............................... ..................914.......... 924... .......934......... 944......... 954..........964.........974 .................................................. 984 994 ............................... 904 .Loop.3............ .915 . ........... . . 925 . . . . . . . . . . . . . . . ................. 935 . . . . . . . . . . . . . 945 . . . . . . . . . . . . . . . . . . . . . . 955 . . . . . . . . . . . . . . . . . . . . . . 965 . . . . . . . . . . . . . . . . . . . . . . . 975 . . . . . . . . . . . . . . . . . . . . . . 985 . . . . . . . . . . . . . . . . . . . . . . 995 . . . . . . . . . . . . . . . . . . . . . . 905 . . . . . . . . . . . . . . . . . . . . . . . . .. Loop.3 .................. .916. .............................................................. 926 936 946 956 ............................... 966 976 ......................................... 986 996 ............................... 906 .. Loop ...........:......... 917 ................. 927 ................. 937 ....................... 947 ............................... 957 967 ......................................... 977 987 ............................... 997 907 .................. Loop 4 918 928 938 948 958 968 978 988 998 908 City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 150 2014 RFB ver. 1 -08 Section 8- 20.3(8) is supplemented with the following: ' (March 6, 2012 * * * * * *) All signal cable shall be consistent with Section 9 -29.3 of the Standard Specifications. The end of every conductor at each wire termination, splice, connector or device, shall have a PVC wire marking sleeve bearing as its legend the circuit number indicated in the wiring schematic drawing. Where terminal strips are used as a connecting device between ' conductors, the terminal strips shall also bear the circuit number. Cable entering cabinets shall be neatly bundled and wrapped. Each wire shall bear the ' circuit number and be thoroughly tested before being connected to the appropriate terminal. ' Circuit conductors shall be standard copper wire in all conduit runs with size specified on the Plans. Conductors from luminaire bases to the luminaire fixture shall be minimum No. 14 AWG pole and bracket cable. ' Section 8- 20.3(8) is supplemented with the following: (April 14, 2003 WSDOT NWR) ' Wire Labels At each junction box, all illumination wires, power supply wires, and communication cable shall be labeled with a PVC marking sleeve. For illumination and power supply circuits the sleeve shall bear the circuit number. For communication cable the sleeve shall be marked "Comm. ". ' (March 13, 1995 WSDOT NWR) Wire Splices All splices shall be made in the presence of the Engineer. ' 8- 20.3(9) Bonding and Grounding Section 8- 20.3(9) is supplemented with the following: (March 13, 2012 * * * * * *) At points where shields of shielded conductors are grounded, the shields shall be neatly ' wired and terminated on suitable grounding lugs. Junction box lids and frames shall be grounded in accordance with Department of Labor and ' Industries standards, and shall be grounded so that the ground will not break when the lid is removed and laid on the ground next to the junction box. All conduits which are not galvanized steel shall have bonding wires between junction boxes. Ground rods shall be copper clad steel, 3/4 -inch in diameter by 10 -feet long, connections shall be made with termite welds. At points where wiring shields of shielded conductors are grounded, the shields shall be neatly wired and terminated on suitable grounding lugs. ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 151 2014 RFB ver. 1 -08 Section 8- 20.3(9) is supplemented with the following: (August 21, 2006 WSDOT NWR) Junction Box Grounding Where shown in the Plans or where designated by the Engineer, the metal frame and lid of existing junction boxes shall be grounded to the existing equipment grounding system. The existing equipment grounding system shall be derived from the service serving the raceway system of which the existing junction box is a part. 8- 20.3(14)C Induction Loop Vehicle Detectors Section 8- 20.3(14)C is modified as follows: (December 18, 2009 * * * * * *) Items 2 and the last two sentences of Item 4 are deleted. (December 18, 2009 * * * * * *) Item no. 5 of this section is deleted and replaced with the following: 5.) Each loop shall have 3 turns of loop wire. (December 18, 2009 * * * * * *) Item no. 11 of this section is deleted and replaced with the following: 11.) The detector loop sealant shall be a flexible traffic loop wire encapsulement. Encapsulement shall be designated to enable vehicular traffic to pass over the properly filled sawcut within five minutes after installation without cracking of material. The encapsulement shall form a surface skin allowing exposure to vehicular traffic within 30 minutes at 75 degrees F. and completely cure to a tough rubber -like consistency within two to seven days after installation. Properly installed and cured encapsulement shall exhibit resistance to defects of weather, vehicle abrasion, motor oil, gasoline, antifreeze solutions, brake fluid, deicing chemicals and salt normally encountered in such a manner that the performance of the vehicle detector loop wire is not adversely affected. Section 8- 20.3(14)C is supplemented with the following: (January 31, 2012 * * * * * *) One - quarter -inch (1/411) saw cuts shall be cleared of debris with compressed air before installing three turns of loop wire. All detector loops shall be 6- foot - diameter circle with diagonal mini -cut corners (no 90 degree corners) of not more than 1 -inch on the diagonal. From the loops to the junction box, the loop wires shall be twisted two turns per foot and labeled at the junction box in accordance with the loop schematics included in these Plans. A 3/8 -inch saw cut will be required for the twisted pair. No saw cut will be within 3 feet of any manhole or utility risers located in the street. Loops and lead -ins will not be installed in broken or fractured pavement. Where such pavement exists it will be replaced in kind with minimum 12 -foot sections. Loops will also not be sawed across transverse joints in the road. Loops to be placed in concrete will be located in full panels, a minimum 18 inches from any expansion joint. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 152 2014 RFB ver. 1 -08 Existing Traffic Loops The Contractor shall notify the City of Federal Way Traffic Engineer a minimum of five working days in advance of pavement removal in the loop areas. The Contractor shall install and maintain interim video detection until the permanent systems are in place. The interim video detection shall be operational simultaneously with decommission of the existing ' pavement loops. If the Engineer suspects that damage to any loop, not identified in the Plans as being ' replaced, may have resulted from Contractor's operations, the Engineer may order the Contractor to perform the field tests specified in Section 8 20.3(14)D. The test results shall be recorded and submitted to the Engineer. Loops that fail any of these tests shall be replaced. Loops that fail the tests, as described above, and are replaced shall be installed in ' accordance with current City of Federal Way design standards and Standard Plans, as determined by the Engineer. If traffic signal loops that fail the tests, as described above, are not replaced and operational within 48 hours, the Contractor shall install and maintain interim video detection until the replacement loops are operational. The type of interim video detection furnished shall be approved by the Engineer prior to installation. 8- 20.3(14)D Test for Induction Loops and Lead -in Cable Section 8- 20.3(14)D is supplemented with the following: (March 13, 2012 * * * * * *) An inductance level below 75 microhenries is considered a failure for a round loop. Test A - The resistance shall not exceed values calculated using the given formula. Resistance per 1000 ft of 14 AWG, R = 3.26 ohms / 1000 ft R = 3.26 x distance of lead -in cable (ft) 1000 ft Test B and Test C in this section are deleted and replaced with the following: Meggar readings of the detection wire to ground shall read 200 megohms at the amplifier connection. The 200 megohms or more shall be maintained after the splices are tested by submerging them in detergent water for at least 24 hours. The tests will be conducted with County personnel at the request of the Contractor. All costs incurred to meet this minimum standard will be the responsibility of the Contractor. Section 8- 20.3(14)D is supplemented with the following: (October 5, 2009 WSDOT NWR) Existing Lead -in Cable Test When new Induction loops are scheduled to be installed and spliced to an existing two - conductor shielded detector lead -in cable, the Contractor shall perform the following: City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 153 2014 RFB ver. 1 -08 1. Disconnect the existing detector lead -in cable in the controller cabinet and at the loop splice. 2. Megger test both detector lead -in cable conductors. A resistance reading of less than 100 - megohms is considered a failure. 3. Detector lead -in cables that fail the test shall be replaced and then retested. 4. After final testing of the detector lead -in cable, the loop installation shall be completed and the loop system tested according to Tests A, C and D. 5. Connect the detector lead -in cables in the controller cabinet. (October 5, 2009 WSDOT NWR) Existing Loop Test When two- conductor shielded detector lead -in cable is scheduled to be installed and spliced to an existing loop, the Contractor shall perform the following: 1. Disconnect the existing loop from the detector lead -in splice. 2. Megger test the existing loop wire. A resistance reading of less than 100 - megohms is considered a failure. 3. Loops that fail the test shall be replaced and then retested. 4. After the final testing of the loops, the detector lead -in cable installation shall be completed and the loop system tested according to Tests A, C and D. 8 -20.4 Measurement Section 8 -20.4 is supplemented with the following: Detector loops of the type and size shown in the plans will be measured per each. 8 -20.5 Payment Section 8 -20.5 is supplemented with the following: "Detector Loop ", per each. The unit contract price for "Detector Loop" shall be full compensation for full and complete installation including wire, sealant and all other labor, materials, tools and equipment required to complete the installation in accordance with the Plans, specifications, and Standard Plans. The unit price shall also include providing and installing loop home runs, conduit stub -outs, and soldered splices. Sawcutting shall be considered incidental to the loop installation. Payment shall not be made for this item until the loop is fully functional as determined by the Engineer. SECTION 8 -22, PAVEMENT MARKING 8 -22.1 Description Section 8 -22.1 is supplemented with the following: (December 18, 2009 * * * * * *) This work shall consist of furnishing and placing pavement markings upon the roadway surface for delineation at the locations shown on the Plans in accordance with WSDOT Standard Plan M- 20.20 -01, or as directed by the Engineer. All permanent pavement markings must be placed no later than seven (7) calendar days after the final lift of paving is completed, except 90 -mil methyl methacrylate materials, which must be placed not later than twenty -one (21) calendar days after the final lift of paving is completed. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 154 2014 RFB ver. 1 -08 8 -22.3 Construction Requirements 8- 22.3(3)E Installation Section 8- 22.3(3)E is supplemented with the following: (March 13, 2012 * * * * * *) Methyl Methacrylate Pavement Markings The material must be applied using a two -part process in a single pass. The first process consists of spraying of catalyzed material to form a solid continuous baseline. The second process consists of extruding a curtain of catalyzed material onto a rotating spindle to create the structure or agglomerates. The structure is applied on top of the baseline prior to the application of reflective media. Profiled methyl methacrylate lines shall be installed per WSDOT Standard Plan M20.20 -01. 8- 22.3(3)G Glass Beads Section 8- 22.3(3)G is supplemented with the following: (March 13, 2012 * * * * * *) Methyl Methacrylate Pavement Markings Glass beads shall be applied at a rate of eight (8) to ten (10) pounds per one hundred square feet. Bonded core elements shall be applied at a rate of ten (10) grams per four (4) inch wide by one (1) linear foot of marking. 8- 22.3(6) Removal of Pavement Markings Section 8- 22.3(6) is supplemented with the following: ( * * * * * *) All pavement markings, including, but not limited to: paint, lane markers, traffic buttons, plastic markings, and adhesive residue shall be removed prior to overlay. This work shall be incidental to other bid items of the contract, and no separate payment will be made. 8 -22.5 Payment Section 8 -22.5 is deleted and replaced with the following: (December 13, 2012 * * * * * *) Payment will be made in accordance with Section 1 -04.1 for each of the following Bid Items: "Paint Line ", per linear foot. "Profiled Plastic Line ", per linear foot. "Profiled Plastic Wide Line ", per linear foot. "Profiled Plastic Dotted Wide Line ", per liner foot. "Plastic Crosswalk Line ". per linear foot. "Plastic Stop Line ", per linear foot. "Plastic Traffic Arrow ", per each. "Plastic Letter ", per each. "Plastic Yield Ahead Symbol ", per each. "Plastic Bike Lane Symbol ", per each. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 155 2014 RFB ver. 1 -08 1 The lump sum bid price in the Proposal will be full compensation for the costs of all labor, tools, equipment, and materials necessary or incidental to removing all types of markings I and disposing of offsite. 8 -23 TEMPORARY PAVEMENT MARKINGS ' Section 8 -23 is supplemented with the following: Temporary pavement marking shall be per Section 5- 04.3(17) of these Special Provisions. I 8 -30 CONSTRUCTION IDENTIFICATION SIGNS New Section I Two (2) working days prior to the commencement of work, the Contractor shall furnish and erect two (2) Construction Identification Signs. The signs will be portable and placed at locations determined by the Engineer, to correspond to the areas in which the majority of work is being done, at that time. The signs shall be made from 3/4 -inch exterior grade plywood and conform to the Standard Plans in Appendix B. The signs shall be erected on suitable wooden posts and be maintained by the Contractor in a neat and presentable condition throughout the progress of the work. At project completion these signs shall be given to the Owner. 8 -30.2 Payment All costs in connection with the furnishing, erection, maintaining, and removal of the signs shall be considered incidental to and included in the cost for the project and no separate payment shall be made for this item. 8 -31 PORTABLE CHANGEABLE MESSAGE SIGN (PCMS) New Section The PCMS shall meet the requirements of the MUTCD and the following: 1. Back - lighted split -flap 2. Fiber optic /shutter 3. Light emitting diode 4. Light emitting diode /shutter 5. Flip disk Regardless of the technology, the PCMS shall meet the following general requirements: 1. Be light emitting and must rely solely on reflected light. 2. Be solar powered. 3. Have a display consisting of individually controlled pixels no larger than 2 -1/2 inch by 2 -1/2 inch. If the display is composed of individual character modules, the space between modules must be minimized so alphanumeric characters of any size specified below can be displayed at any location within the matrix. City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 156 2014 RFB ver. 1 -08 4. When activated, the pixels shall display a yellow or orange image. When not ' activated, the pixels shall display a flat black image that matches the background of the sign face. ' 5. Be capable of displaying alphanumeric characters that are a minimum of 18- inches in height. The width of alphanumeric characters shall be appropriate for the font. The PCMS shall be capable of displaying three lines of eight characters per line with a ' minimum of one pixel separation between each line. 6. The PCMS message, using 18 -inch characters, shall be legible by a person with 20/20 ' corrected vision from a distance of not less than 800 feet centered on an axis perpendicular to the sign face. ' 7. The sign display shall be covered by a stable, impact resistant polycarbonate face. The sign face shall be non -glare from all angles and shall not degrade due to exposure to ultraviolet light. 8. Be capable of simultaneously activating all pixels for the purpose of pixel diagnostics. Any sign that employs flip disk or shutter technology shall be programmable to activate the disk /shutters once a day to clean the electrical components. This feature ' shall not occur when the sign is displaying an active message. 9. The light source shall be energized only when the sign is displaying an active message. 10. Be equipped with a redundant light source such that the sign will continue to emit light if one of the light sources fails. The PCMS panels and related equipment shall be permanently mounted on a trailer with all controls and power generating equipment. The PCMS shall be operated by an easy to use controller that provides the following functions: ' 1. Select any preprogrammed message by entering a code. 2. Sequence the display of at least five messages. 3. Blank the sign. 4. Program new message, which may include moving arrows and chevrons. 5. Mirror the message currently being displayed or programmed. Portable changeable message sign(s) shall be available, on site, for the life of the project. The Contractor shall operate the PCMS in accordance with the approved traffic control plans or as directed by the Engineer. The PCMS shall not be used in lieu of sequential arrow signs. 8 -31.1 Measurement Portable Changeable Message Signs will be measured per day used on the project. The days of operation will be determined by the Engineer. Any days of operation in excess of those determined by the Engineer will be at the Contractors expense. ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 157 RFB # 14 -101 2014 8 -32.2 Materials Asphalt concrete for speed humps shall be HMA Class 1/2" PG 64 -22 meeting the requirements of Section 5 -04 of the Standard Specifications. Pavement marking materials shall be white plastic meeting the requirements of Section 8 -22.2 of the Standard Specifications. Raised pavement markers should be Type 2 YY and Type 2W meeting the requirements of Section 8 -09.2 of the Standard Specifications. 8 -32.3 Construction Requirements The various materials shall be installed as noted on the plan detail. 8 -32.4 Measurement Measurement will be per each where a speed hump and associated pavement markings are installed. 8 -32.5 Payment "Speed Hump, Complete ", per each. The unit bid price per each proposal will be full compensation for the cost of all tools, labor, equipment, and materials necessary or incidental to provide and install the asphalt concrete speed hump and pavement markings. 8 -33 ASPHALT CONCRETE RAISED CROSSWALK New Section 8 -33.1 Description City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 158 2014 RFB ver. 1 -08 8 -31.2 Payment ' The unit contract price for the portable changeable message signs shall include all costs for furnishing the PCMS, transporting the PCMS to and from each project site, and maintaining the PCMS, and shall be incidental to the following: , "Portable Changeable Message Sign ", per day. The cost for relocation of the PCMS within each project limit will be paid in accordance with 1- ' 10.3(1). 8 -32 ASPHALT CONCRETE SPEED HUMP New Section ' 8 -32.1 Description ' The work shall consist of constructing asphalt concrete speed humps with associated pavement striping per City of Federal Way Detail DWG No. 3 -26. , 8 -32.2 Materials Asphalt concrete for speed humps shall be HMA Class 1/2" PG 64 -22 meeting the requirements of Section 5 -04 of the Standard Specifications. Pavement marking materials shall be white plastic meeting the requirements of Section 8 -22.2 of the Standard Specifications. Raised pavement markers should be Type 2 YY and Type 2W meeting the requirements of Section 8 -09.2 of the Standard Specifications. 8 -32.3 Construction Requirements The various materials shall be installed as noted on the plan detail. 8 -32.4 Measurement Measurement will be per each where a speed hump and associated pavement markings are installed. 8 -32.5 Payment "Speed Hump, Complete ", per each. The unit bid price per each proposal will be full compensation for the cost of all tools, labor, equipment, and materials necessary or incidental to provide and install the asphalt concrete speed hump and pavement markings. 8 -33 ASPHALT CONCRETE RAISED CROSSWALK New Section 8 -33.1 Description City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 158 2014 RFB ver. 1 -08 The work shall consist of constructing asphalt concrete raised crosswalk with associated pavement striping per City of Federal Way Detail DWG No. 3 -27. 8 -33.2 Materials Asphalt concrete for raised crosswalk shall be HMA Class 1/2" PG 64 -22 meeting the requirements of Section 5 -04 of the Standard Specifications. Pavement marking materials shall be white plastic meeting the requirements of Section 8 -22.2 of the Standard Specifications. Raised pavement markers should be Type 2 YY and Type 2W meeting the requirements of Section 8 -09.2 of the Standard Specifications. 8 -33.3 Construction Requirements The various materials shall be installed as noted on the plan detail. 8 -33.4 Measurement Measurement will be per each where a raised crosswalk and associated pavement markings are installed. 8 -33.5 Payment "Raised Crosswalk, Complete" per each. The unit bid price per each proposal will be full compensation for the cost of all tools, labor, equipment, and materials necessary or incidental to provide and install the asphalt concrete raised crosswalk and pavement markings. END OF DIVISION 8 ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 159 RFB # 14 -101 2014 DIVISION 9 MATERIALS 9 -03 AGGREGATES 9- 03.8(3)B Gradation - Recycled Asphalt Pavement and Mineral Aggregate Delete the reference to Section 9- 03.8(6) in the paragraph of Section 9- 03.8(3)B. 9- 03.8(6) HMA Proportion of Materials Add the following paragraph: For the determination of a Project Mix Design, the Contractor shall submit to the Engineer's representative samples of the various aggregates to be used along with the gradation data showing stockpile averages and variation of the aggregate produced along with proposed combining ratios and average gradation of the completed mix. The initial asphalt content shall be determined by the Engineer from the aggregates and data provided. SECTION 9 -18, PRECAST TRAFFIC CURB AND BLOCK TRAFFIC CURB (December 12, 2012 * * * * * *) 9 -18.3 Vacant Section 9 -18.3 is deleted and replaced with the following: 9 -18.3 Block Traffic Curb In construction of the block traffic curb, the Contractor shall have the option of using either length block shown in the plans, provided the same length block is used throughout the entire project. The curb units shall be made from portland cement and high quality sand and gravel, the proportions of which will be left to the discretion of the producer as long as the unit develops a minimum compressive strength of 1,600 psi at 28 days when tested for end loading. The proportions of sand, gravel, and cement, the type of forms used, and the method of compacting the concrete in the forms shall all be such that as dense, smooth, and uniform a surface as is practicable for a concrete masonry unit is obtained on the finished curb units. The faces that are to be exposed shall be free from chips, cracks, air holes, honeycomb, or other imperfections except that if not more than 5 percent of the curb units contain slight cracks, small chips not larger than 1/2 inch, or air holes not more than 1/2 inch in diameter or depth, this shall not be deemed grounds for rejection. The units used in any contiguous line of curb shall have approximately the same color and surface characteristics. SECTION 9 -21, RAISED PAVEMENT MARKERS (RPM) 9- 21.2(1) Physical Properties Section 9- 21.2(1) is supplemented with the following: (March 13, 2012 * * * * * *) City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 160 2014 RFB ver. 1 -08 Type 2 raised pavement markers shall NOT be ceramic. ' SECTION 9 -29, ILLUMINATION, SIGNAL, ELECTRICAL ' 9- 29.3(2)F Detector Loop Wire Section 9- 29.3(2)F is deleted and replaced with the following: (October 5, 2009 WSDOT NWR) Detector Loop Wire Detector loop wire shall use 14 AWG stranded copper conductors, and shall conform to ' IMSA Specification 51 -7, with cross - linked polyethylene (XLPE) insulation encased in a polyethylene outer jacket (PE tube). ' 9- 29.3(2)H Three- Conductor Shielded Cable Section 9- 29.3(2)H is supplemented with the following: (March 13, 2012 * * * * * *) ' Lead -in cable back to the controller for Opticom units shall be 3 -M detector 138 cable or equivalent. ' 9 -29.5 Vacant Section 9 -29.5 is deleted and replaced with the following: (May 31, 2012 * * * * * *) ' SECTION 9 -34, PAVEMENT MARKING MATERIAL I 9-34.3(4) Type D — Liquid Cold Applied Methyl Methacrylate Section 9- 34.3(4) is supplemented with the following: ' (March 13, 2012 * * * * * *) The methyl methacrylate (MMA) material shall be formulated as a long -life durable pavement marking system capable of providing a minimum of two years of continuous ' performance. The material shall be a catalyzed methyl methacrylate (MMA), wet - continuous reflective product and placed shall have a dry time (cure) to the touch of no more than 30 minutes. The material shall be capable of retaining reflective glass beads and ceramic micro - crystalline elements of the drop -on or spray -on type as specified by the manufacturer. The binder shall be lead free and suitable for bituminous and concrete pavements. ' 9 -34.4 Glass Beads for Pavement Marking Materials Section 9 -34.4 is supplemented with the following: (March 13, 2012 * * * * * *) Methyl Methacrylate Pavement Markings Optics ' Glass Beads Surface -drop glass beads shall be the "Utah Blend" with a Methacrylate compatible coupling agent approved by the material manufacturer. Glass beads shall be applied at a rate of eight (8) to ten (10) pounds per one hundred square feet. ' City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 161 2014 RFB ver. 1 -08 Bonded Core Elements Surface -drop ceramic elements shall be the Series 50M or 70M with a Methacrylate compatible coupling agent approved by the material manufacturer. Elements shall meet or exceed a minimum initial value of 150 mcd for white and 125 mcd for yellow per ASTM 2176. The bonded core reflective elements shall contain either clear or yellow tinted microcrystalline ceramic beads bonded to the opacified core. These elements shall not be manufactured using lead, chromate or arsenic. All "dry- performing" microcrystalline ceramic beads bonded to the core shall have a minimum index of refraction of 1.8 when tested using the liquid oil immersion method. All "wet performing" microcrystalline ceramic beads bonded to the core shall have a minimum index of refraction of 2.30 when tested using the liquid oil immersion method. There are two gradations for the bonded core elements, standard size and "S" series. "S" series is a slightly finer gradation of elements compared to standard. Element Gradations Mass Percent Passin ASTM D1214 US Mesh Micron Standard Elements "S" Series 12 1700 80 -100 85 -100 14 1410 45 -80 70 -96 16 1180 5 -40 50 -90 18 1000 0 -20 5 -60 20 850 0 -7 0 -25 30 600 0 -7 A sample of bonded core reflective elements supplied by the manufacturer shall show resistance to corrosion of their surface after exposure to a 1% solution (by weight) of sulfuric acid. The 1% acid solution shall be made by adding 5.7 cc of concentrated acid into 1000cc of distilled water. CAUTION: Always add the concentrated acid into the water, not the reverse. The bonded core elements are surface treated to optimize embedment and adhesion to the MMA binder. Elements treated for use with MMA shall have identification on packaging or label to indicate use with the MMA binder. Bonded core elements shall be applied at a rate of ten (10) grams per four (4) inch wide by one (1) linear foot of marking. Reflectance Typical initial retro reflectance values are shown in the Table below. Typical retro reflectivity is averaged over many readings. Minimum Retro reflectivity results represent average performance for smooth pavement surfaces. Values represent both standard and "S" Series elements. Results may vary due to differences in pavement type and surface roughness. Increased element drop rate may be necessary to compensate for increased surface area characteristic of rough pavement surfaces. The initial retro reflectance of a single installation shall be the average value determined by the measurement procedures outlined City of Federal Way RFB # 14 -101 2014 Asphalt Overlay Project Page 162 2014 RFB ver. 1 -08 in ASTM E 1710, using a 30 -meter (98.4 feet) retro - reflectometer. RL shall be expressed in ' units of millicandelas per square foot per foot - candle [mcd(ft- 2)(fc -1)]. The optics incorporated into the pavement marking system shall be tested and certified by ' an independent laboratory to meet ASTM E2177 for wet - recovery and ASTM E2176 for wet - continuous performance levels. ' The pavement marking system installed shall meet a minimum Dry reflectance value of 700 MCD /M2 /LX for white pavement markings and 500 MCD /M2 /LX for yellow pavement markings and wet - recovery (as described by ASTM 2177) reflectance value of 375 ' MCD /M2 /LX for white pavement markings and 280 MCD /M2 /LX for yellow pavement markings, and wet - continuous (as described by ASTM 2176 testing) reflectance values of 150 MCD /M2 /LX for white pavement markings and 125 MCD /M2 /LX for yellow pavement ' markings as measured with a 30 meter device approved by the Traffic Engineering Division (TED). �-11 i n �I The Contractor will be required to take and record readings every 500 feet utilizing a 30 meter device approved by the Traffic Engineering Division. These readings shall be recorded on the daily report and submitted to the project engineer at the end of each work day or shift. Minimum Initial Retro Reflectance Values White Yellow D ASTM E1710 700 500 Wet recovery ASTM E2177 375 280 Wet continuous ASTM E2176 150 125 END OF DIVISION 9 ' City of Federal Way 2014 Asphalt Overlay Project RFB ver. 1 -08 Page 163 RFB # 14 -101 2014 APENDIX B STANDARD PLANS AND DETAILS 0 0 I +e n v N O n n O I O p `a W Y gU O 3 CD O N 0 0 a� 1 Gv ry tzy z O U N /SOX O a � v "tea 5 m C: a O U O �--- U Q Z z wa W� W � y�j F Wa O i ro X H ~ W� O < z 3O z Oz F— a C U¢ w U W O n p � [V 0:: _ w rp z In Cn M 2 _z WC, r z w(2 M /� Z 41 U OWo J O w In g U d N -a z n o H Y �� Q °- C_ O LO O � W In 3 O �OS � 7 m N I r LLi E V yOj a n L) 0 O Fn 13 j h N Y O O T Nw CL 0 O p o��N� =Lt. N W_- J U n aOK w 0— "` m �. 5M O O .�.. 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On z 5c --I w LLI do m a r 11 -1vm;sOEjo w V :)z o Q2 Z¢ i 5 0 w z P A X LL, uj o 21 W 5) (zD X 5 z a. z U, =11 < IL w u tu 4-0 0 ft x JyyW� aw� Q w to o cn 140F z U 55 z.6 w" M j ca R w=1 z W w WE w z 2 ul z) uL) R- a =) a- x mw wa. u, A L) z r o 0- 34: L.:) r L f z . z w, ❑ tr E 0, uj 55 a x _2 w w (n w W Lu o' m B x, we mt 1 0 ie LL C 6)6 x D co Z Z o 'Ir� -55 me c.L M D 0 F- .2 L) w (0 c (D o o CL 3-,, -.15 o E w w o co -a ❑ 0 wv w Hmu Z . cli cli wz u 0, w Y i0 Cement Conc. Barrier Curb See Detail A, below 3" Shiner (Typ•) Sidewalk Curb/ 12:1 (Typ•) (Typ') (Typ•) 6' 6' Ram 4„ Western Groove (T yp ) N 12:1 00000000000000000 00 0000000000 000 00000000000000000 2' oo000000006g606o6 ""\LDummy Joint Center of Wheel Chair Ramp as Marked in Field. g' Min. Cement Conc Barrier Curb 25' Max. 0.35'± DETECTABLE WARNING PATTERN AREA SHALL BE A RAMP YELLOW, IN COMPLIANCE g WITH STD. SPEC. 8- 14.3(3) \ MIN. I MAX. A A 1 5/8"12 318" 1I PLAN B 518" 1112" C 7116" 3/4" D 718" ELEVATION DETECTABLE WARNING PATTERN DETAIL Saw cut 'Match Line' I (Typ•) Sidewalk Curb /Gutter ' Distance will vary Dummy Joint (Typ•) DETECTABLE WARNING PATTERN (SEE DETAIL) DETECTABLE WARNING PATTERN (SEE DETAIL) NOTE: CONCRETE BARRRIER CURB TO BE ONLY USED IN RAMPS NOTED IN PLANS AS TYPE 2. TYPE 1 RAMPS ARE IDENTICAL TO TYPE 2, EXCEPT THEY DO NOT INCLUDE THE BARRIER CURB. Top of Curb Flush with Outside Edge of Sidewalk 51/7, R = 1 /2" 16" i I- •�-� -7 3/4" Detail A - Concrete Barrier Curb anw� PUBLIC WORKS CURBRAMP WITH SIDEWALK (No Planter) DWG. No. DEPARTMENT 1 r Cement Conc. Barrier Curb See Detail A, below 3" Shiner (Typ•) (Typ.) (Typ•) 6' 6' Ramp F I I Saw cut 'Match Line' (Typ•) \14. - f 0 Sidewalk 12:1 1 2: 1 00000000000000000 00000000000000000 Plante 00000000000000000 1 2' 00000000000000000 Curb /Gutter Dummy Joint Center of Wheel Chair Ramp as Marked in Field. 18' Min. 25' Max. Cement Conc. 0.35'± Barrier Curb M DETECTABLE WARNING PATTERN (SEE DETAIL) Curb /Gutter Dummy Joint DETECTABLE WARNING PATTERN (SEE DETAIL) R =1° Top of Curb Flush with Outside Edge Sdewalk 5 1/2" R = 1/2" DETECTABLE WARNING NOTE: CONCRETE PATTERN AREA SHALL BE A RAMP BAR R R I E R CURB TO BE YELLOW, IN COMPLIANCE i 16" ONLY USED IN RAMPS WITH STD. SPEC. 8- 14.3(3) � � i-�i @ B NOTED IN PLANS AS A O ' TYPE 2. TYPE 1 RAMPS MIN. MAX. - O - + ' I A 1518" 2318 "I ARE IDENTICAL TO I -•�-.- X73/4" ' B 518" 1112° PLAN TYPE 2, EXCEPT THEY 314" C Detail A - C 7118" D 1 718. 1711x' M1 DO NOT INCLUDE THE Concrete ' I BARRIER CURB. Barrier Curb ELEVATION DETECTABLE WARNING PATTERN DETAIL PUBLIC WORKSICURBRAMP WITH SIDEWALK AND PLANTER owc: No. J DEPARTMENT A ' Saw cut 'Match Line' Joint Filer ' Existing ` Existing ' Sidewalk Sidewalk 2' Removal & Replacement ' Truncated Dome Retrofit Varies Varies A ' Detectable Warning ' VARIES Pattern Match Existing Existing 4" 2'- 0"' Sloe ' p Match Flush Top of Roadway Existing Cement Conc. Sidewalk Existing Depressed ' SECTION A -A Curb & Gutter DETECTABLE WARNING PATTERN AREA SHALL BE YELLOW, IN COMPLIANCE j WITH STD. SPEC. 8- 14.3(3) Al DETECTABLE WARNING PATTERN DETAIL B RAMP O B O I affm WORKS I TRUNCATED DOME RETROFIT W. N0. L MIN. MAX. A 11 5/9' 2 3/8" B 5/9' 1 1 /2" C 7116' 314' D 718" 1 7116" DETECTABLE WARNING PATTERN DETAIL B RAMP O B O I affm WORKS I TRUNCATED DOME RETROFIT W. N0. 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N N 4 I � } w ��+- V 0_ K ~ 0 O Z r � N M 0 LwM flt. VV i Q Z ui Q n UV) J Y 00 O Z) 3: Y v LE 3 1 TO 2 FOOT WIDE, Yi" DEPTH ASPHALT GRIND (SEE NOTE 1) 7' } I " -150 (TYP.)--1 i RPM TYPE If (W ITE)f A .RPM 4PE (TYP. f I -"'� I W�IITE D N ZN- 3 ; 4 C! - i1 Um vN3 n t�n3 I 7• , A M II- YELLOW I -4� INTERLINE) MARKING DETAIL - 2:1 SCALE MARKINGS (TYPICAL) SIGN DESIGNATION / SIZE W8 -1 BUMP 30" x 30" W8 -IA BUMP AHEAD 30" x 30" W13 -1(15) 15 MPH ADVISORY PLAQUE 18" x 18" NOTES: 1) ADVANCE SIGNS USED ONLY FOR FIRST IN SERIES 2) WHEN 2 OR MORE SUMPS. REPLACE W8 -IA WITH W8 -tA(S) (BUMPS AHEAD) o a, io e M N !V N N V7 O SECTION A -A - PARABOLIC CROWN L1 TO 2 FOOT WIDE, !4" DEPTH ASPHALT GRIND (SEE NOTE 1) STANDARD CLASS D OR a CLASS C MIX (TYP) 6" 6" -1 -2 MAXtTAPER� MAX. TPER CURB FACE GUTTER J SHOULDER TACK COAT (TYP) SECTION B -8 (CURB AND GUTTER) SECTION B -B (SHOULDER) NOTE: 1.) PRIOR TO SPEED HUMP CONSTRUCTION. THE ENGINEER MAY REOUIRE ASPHALT GRINDING IN ORDER TO PROVIDE A SMOOTH TRANSITION. REV. NOV. 2012 w woRLIC SPEED HUMP DWG. N MOM 10' 100 (TYP 1 TO 2 FOOT WIDE, ) " DEPTH ASPHALT GRIND (SEE NOTE 1) z z 1 a. in333 va i� I N WHITE PLASTIC MARKINGS (TYP) z— "— I---- -- -� -- - "� N i Z O'='i N O —RPM TYPE II (WHITE) m i E I e MARKING DETAIL — SCALE 2:1 RPM TYPE II- YELLOW (TYP. AT CENTERLINE) SIGN DESIGNATION / SIZE W11 -2 MAN WALKING 30" x 30" W8 -IA BUMP AHEAD 30" x 30" W13 -1(20) 20 MPH ADVISORY PLAQUE 18" x 18" W116 -7P ARROW DOWN 24" x 12" NOTES: 1) ADVANCE SIGNS USED ONLY FOR FIRST IN SERIES 2) WHEN 2 OR MORE BUMPS, REPLACE W8 -1A WITH W8 -1A(S) (BUMPS AHEAD) 3) USE YELLOW -GREEN SIGNS 4) USE S1 -1 INSTEAD OF W11 -2 FOR SCHOOL CROSSINGS 0 6 m a o M N N N N C4 _1 6 SECTION A -A - PARABO �_1 TO 2 FOOT WIDE, h" DEPTH ASPHALT GRIND (SEE NOTE 1) STANDARD CLASS 0 OR 3' CLASS C MIX (TYP) } -1' -2' MAX�T�ER� CURB FACE GUTTER TACK COAT (TYP) SECTION B -B (CURB AND GUTTER) NOTE: 1.) PRIOR TO SPEED HUMP CONSTRUCTION, THE ENGINEER MAY REOUIRE ASPHALT GRINDING IN ORDER TO PROVIDE A SMOOTH TRANSITION. 6" MAX. ' TA3PER SHOULDER SECTION B -B (SHOULDER) REV. NOV. 2012 PUBLIC RAISED CROSSWALK DWG. No. WORKS 3 -27 s' I TO 2 FOOT WIDE, )�" DEPTH —6..7 ,o' 100' (TYP) i RR ASPHALT GRIND (SEE NOTE 1) - ^ 1 11 Iron 3 19 3 A I RPM TYPE II (WHITE)) I A \ RPM TYPE 11- YELLOW (TYP. AT CENTERLINE)I y Ln IE ALA s Oo Q Z L -100' (TYP )— Z L-4'4--j MARKING DETAIL — SCALE 2:1 WHITE PLASTIC MN&IN()S (TYPICAL) 8 SIGN DESIGNATION / SIZE W8 -1 BUMP 30" x 30" w8 -1A BUMP AHEAD 30" x 30" W13 -1(20) 20 MPH ADVISORY PLAQUE 18" x 18" NOTES: 1) ADVANCE SIGNS USED ONLY FOR FIRST IN SERIES 2) WHEN 2 OR MORE BUMPS, REPLACE W8 -IA WITH W8 -IA(S) (BUMPS AHEAD) 0 of io a o dI N N N N N d 7' 1 $ / SECTION A —A — PARABOLIC CROWN I TO 2 FOOT WIDE, J}" qEPTH ASPHALT GRIND (SEE NAE 1) STANDARD CLASS 0 OR a CLASS C MIX (TYP) 6" } -1' -2' MAX`- -- TAPER MAX • 3, TAPER CURB FACE GUTTER L TACK COAT (TYP) SHOULDER SECTION B -B (CURB AND GUTTER) SECTION B -B (SHOULDER) NOTE: 1.) PRIOR TO SPEED HUMP CONSTRUCTION, THE ENGINEER MAY REQUIRE ASPHALT GRINDING IN ORDER TO PROVIDE A SMOOTH TRANSITION. REV. NOV. 2012 er PUBLIC SPEED TABLE G. N G` � ° ° .i ..................... ' ~. - -- 'a.. 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WL ow z���Z Z NO z x z W >� O H 0 O Y w O fn O N a p _ O � a s¢,xo ~z z°� OMW °o oa Yo '�z_ ° Ln u'`�O =ww '¢a.O aJ XV) 02 Ui Z� �w ~� V OZ�I �U Wr UUOg- ado �U a�06�.m YO �� Wa WZOZ a §W §O �aa a' W> d �Q U30:2 �i0 W> ul 9 _ Cy I'M d' N (0 n O Of O Z Q. OW O O W W tn N_ :)w i w C av0 M A � .� A •, •� v a N CL M N 0 cl r a Z N Q T� i Q U VY m� =a3 ti Q� �1 SERIES CONNECTED LOOP 1 -2 COUNT DETECTOR LOOP 3 (DRAWING NOT TO SCALE) POSTED SPEED (MPH) S1(FT) S2(FT) NOTES: 1. USE XYZ LOOP NUMBERING 25 - 105 SCHEMATIC, WHERE: X IS THE PHASE # 30 -- 140 Y IS LANE # FROM INSIDE Z IS LOOP # FROM STOPBAR 35 - 185 2. USE TX 25' LOOP FOR BIKE LANES 40 115 230 3. PHASE 2 IS ALWAYS CL NORTHBOUND THRU DIRECTION O 45 155 285 0 a 4. ALL LOOPS SHALL BE CIRCULAR w O Q O 50 195 340 F3 J w w U Z W Q * ADVANCE LOOPS ARE NOT z Q REQUIRED FOR TURNING LANES O O & MINOR THROUGH LANES 1- 1- F 73A 3 i9 Z_ 3B O W J O T- U U) U w w 2 0 2A 1111 2B 1A 113 1 I STOP LINE REV MAR 2011 I am �n�, DWG. 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I• o o Z w W W p =,AA J V y x _ A i IJ. 3 32 yWIa "1¢y LU =,AA J V y x _ , V/ �go O i o 0 9 z C 3 Z S w Z J 2 0 6 i 3 32 yWIa "1¢y �go o0 pe a 9 w Z 2 o z U 779 G w p ; z 0z y LL U y w ` c z IC W o X �y m CL L APENDIX C I BENEFIT CODE KEY AND PREVAILING WAGE RATES J I Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 Overtime Codes Overt me calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must b� not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. 1. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked ' on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other overtime hours and all hours worked on ' Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one -half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. ' E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G M The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 1 N lei Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 ' All hours worked on Saturdays (except makeup days) shall be paid at one and one -half times the hourly rate of ' wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. The first ten (10) hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on ' Saturday shall be paid at double the hourly rate of wage. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. ' Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (10) ' hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. ' S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make -up days due to conditions beyond the control of the employer)) shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one -half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. ' Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one -half rimes the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. K. All hours worked on holidays shall be paid at two times the hourly rate of wage in addition to the holiday pay. O. All hours worked on Sundays and holidays shall be paid at one and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten -hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one -half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. Y. All hours worked on Saturdays (except for make -up days) shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one -half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. 4. 5. Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 B. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one -half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight 48) hours or more. D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one -half times the hourly rate of wage including holiday pay. G. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, , and all work on Saturdays shall be paid at time and one -half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 8:00 am Sunday to 8:00 am Monday and Holidays shall be paid at double the straight time rate of pay. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). 5. I. J. K. L. N. P. Q. R. S. T. N 6. A. E. G. H. Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,. Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (8). Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One -Half Day Before Christmas Day, And Christmas Day. (7 1/2). Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Holiday Codes Continued Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Day, And A Half -Day On Christmas Eve Day. (9 1/2). Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And Christmas Eve Day (11). Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, 5 6. Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. Holiday Codes Continued A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday And Saturday After Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther Icing Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2024 I. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. ' 7. J. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. ' K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. ' 8. A. I Note Codes In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday ' on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day ' after or before Christmas Day. 10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after ' Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. O. Paid Holidays: New Year's Day, The Day After Or Before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, The Day After Or Before Christmas Day, And The Employees Birthday. 11). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a ' holiday on the preceding Friday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on ' the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. ' 8. A. I Note Codes In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: C. D. L: M. N. P. Q. Benefit Code Key — Effective 8 -31 -2013 thru 3 -4 -2014 Over 50' To 100'-$2.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' -$3.00 per Foot for Each Foot Over 100 Feet Over 150' To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220'-$5.00 per Foot for Each Foot Over 220 Feet In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' -$1.00 per Foot for Each Foot Over 50 Feet Over 100' To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150' To 200'-$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. 8 Page 1 of 17 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: 10/16/2013 !County Trade Job Classification Wa a Holiday Overtime Note { King Asbestos Abatement Workers Journey Level $41.69 5D 1H King Boilermakers Journey Level $62.34 5N 1C King Brick Mason Brick And Block Finisher $43.26 5A 1M King Brick Mason Journey Level $50.12 5A 1M King Brick Mason Pointer - Caulker - Cleaner $50.12 5A 1M ;King Building Service Employees Janitor $20.59 5S 2F King Building Service Employees Traveling Waxer /Shampooer $21.00 5S 2F King Building Service Employees Window Cleaner (Non- Scaffold) $24.29 5S 2F King Building Service Employees Window Cleaner (Scaffold) $25.15 5S 2F King Cabinet Makers (!n Shop} Journey Level $22.74 1 King Carpenters Acoustical Worker $50.82 5D 1M King Carpenters Bridge, Dock And Wharf Carpenters $50.82 5D 1M King Carpenters Carpenter $50.82 5D 1M King Carpenters Carpenters on Stationary Tools $50.95 5D 1M King Carpenters Creosoted Material $50.92 5D 1M King Carpenters Floor Finisher $50.82 5D 1M King Carpenters Floor Layer $50.82 5D 1M King Carpenters Scaffold Erector $50.82 5D 1M King Cement Masons Journey Level $51.18 7A 1M King Divers Et Tenders Diver $100.28 5D 1M 8A King Divers Et Tenders Diver On Standby $56.68 5D 1M King Divers Et Tenders Diver Tender $52.23 5D 1M King Divers Et Tenders Surface Rcv Et Rov Operator $52.23 5D 1M King Divers 0 Tenders Surface Rcv Et Rov Operator Tender $48.67 5A 1B King Dredge Workers Assistant Engineer $53.00 5D 3F King Dredge Workers Assistant Mate (Deckhand) $52.58 5D 3F https:Hfortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 Page 2 of 17 t King Dredge Workers Boatmen $52.30 5D 3F King Dredge Workers Engineer Welder $54.04 5D 3F King Dredge Workers Leverman, Hydraulic $55.17 5D 3F ;King Dredge Workers Mates $52.30 5D 3F King Dredge Workers Oiler $52.58 5D 3F King Drywall Applicator Journey Level $50.82 5D 1H King Drywall Tapers Journey Level $49.79 5P 1 E ;King Electrical Fixture Maintenance Journey Level $25.34 5L 1E Workers King Electricians - Inside Cable Splicer $64.24 7C 2W "King Electricians - Inside Cable Splicer (tunnel) $69.07 7C 2W King Electricians - Inside Certified Welder $62.04 7C 2W King Electricians - Inside Certified Welder (tunnel) $66.65 7C 2W King Electricians - Inside Construction Stock Person $34.19 7C 2W King Electricians - Inside Journey Level $59.85 7C 2W King Electricians - Inside Journey Level (tunnel) $64.24 7C 2W King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $66.43 5A 4A King Electricians Powerline Construction Certified Line Welder $60.75 5A 4A ;King Electricians - Powerline Construction Groundperson $42.36 5A 4A King Electricians - Powerline Construction Heavy Line Equipment Operator $60.75 5A 4A King Electricians - Powerline Construction Journey Level Lineperson $60.75 5A 4A King Electricians - Powerline Construction Line Equipment Operator $51.05 5A 4A King Electricians - Powerline Construction Pole Sprayer $60.75 5A 4A King Electricians - Powerline Construction Powderperson $45.39 5A 4A King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $77.70 7D 4A King Elevator Constructors Mechanic In Charge $84.24 7D 4A King Fabricated Precast Concrete All Classifications - In- Factory Work Only $14.60 513 2K Products King Fence Erectors Fence Erector $15.18 1 King ELaggers Journey Level $35.34 7A 2Y King Glaziers Journey Level $53.76 7L 1Y King Heat Et Frost Insulators And Journeyman $58.93 5J is Asbestos Workers King Heating Equipment Mechanics Journey Level $69.37 7F 1 E King Hod Carriers £t Mason Tenders Journey Level $42.99 7A 2Y King Industrial Power Vacuum Journey Level $9.24 1 16/ ' https: / /fortress.wa. goy/ lm /wagelookup /prvWagelookup.aspx 10/16/2013 Page 3 of 17 I v /lni /wa eloo / rvWa elooku .as x 10/16/2013 https: / /fortress.wa.go g kup p g p p Cleaner King Inland Boatmen Boat Operator $52.51 5B 1 K King Inland Boatmen Cook $48.89 5B 1K King Inland Boatmen Deckhand $49.13 5B 1K King Inland Boatmen Deckhand Engineer $50.12 5B 1K !King Inland Boatmen Launch Operator $51.34 5B 1K King Inland Boatmen Mate $51.34 5B 1K King Inspection /Cleaning /Sealing Of Cleaner Operator, Foamer Operator $31.49 1 j Sewer Et Water Systems By Remote Control 'King Inspection /Cleaning /Sealing Of Grout Truck Operator $11.48 1 Sewer Et Water Systems By Remote Control King Inspection /Cleaning Of Head Operator $24.91 1 Sewer Et Water Systems By Remote Control ;King Inspection /Cleaning /Seating Of Technician $19.33 1 Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Of Tv Truck Operator $20.45 1 Sewer Et Water Systems By Remote Control !King Insulation Applicators Journey Level $50.82 5D 1M King Ironworkers Journeyman $59.77 7N 10 (King Laborers Air, Gas Or Electric Vibrating Screed $41.69 7A 2Y King Laborers Airtrac Drill Operator $42.99 7A 2Y King Laborers Ballast Regular Machine $41.69 7A 2Y King Laborers Batch Weighman $35.34 7A 2Y King Laborers Brick Pavers $41.69 7A 2Y King Laborers Brush Cutter $41.69 7A 2Y King Laborers Brush Hog Feeder $41.69 7A 2Y "King Laborers Burner $41.69 7A 2Y King Laborers Caisson Worker $42.99 7A 2Y King Laborers Carpenter Tender $41.69 7A 2Y 'King Laborers Caulker $41.69 7A 2Y King Laborers Cement Dumper - paving $42.46 7A 2Y King Laborers Cement Finisher Tender $41.69 7A 2Y King Laborers Change House Or Dry Shack $41.69 7A 2Y King Laborers Chipping Gun (under 30 Lbs.) $41.69 7A 2Y King Laborers Chipping Gun(30 Lbs. And Over) $42.46 7A 2Y King Laborers Choker Setter $41.69 7A 2Y King Laborers Chuck Tender $41.69 7A 2Y King Laborers Clary Power Spreader $42.46 7A 2Y King Laborers Clean -up Laborer $41.69 7A 2Y King Laborers Concrete Dumper /chute $42.46 7A 2Y I v /lni /wa eloo / rvWa elooku .as x 10/16/2013 https: / /fortress.wa.go g kup p g p p Page 4 of 17 ' v/ '/w elooku / rvWa elooku .as x 10/16/2013 ' https: / /fortress.wa.go lni ag p p g p p Operator King Laborers Concrete Form Stripper $41.69 7A 2Y King Laborers Concrete Placement Crew $42.46 7A 2Y King Laborers Concrete Saw Operator /core Driller $42.46 7A 2Y King Laborers Crusher Feeder $35.34 7A 2Y King Laborers Curing Laborer $41.69 7A 2Y King Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $41.69 7A 2Y King Laborers Ditch Digger $41.69 7A 2Y King Laborers Diver $42.99 7A 2Y King Laborers Drill Operator (hydraulic, diamond) $42.46 7A 2Y King Laborers Dry Stack Walls $41.69 7A 2Y King Laborers Dump Person $41.69 7A 2Y <King Laborers Epoxy Technician $41.69 7A 2Y King Laborers Erosion Control Worker $41.69 7A 2Y King Laborers Faller Et Bucker Chain Saw $42.46 7A 2Y King Laborers Fine Graders $41.69 7A 2Y ;King Laborers Firewatch $35.34 7A 2Y King Laborers Form Setter $41.69 7A 2Y King Laborers Gabian Basket Builders $41.69 7A 2Y King Laborers General Laborer $41.69 7A 2Y King Laborers Grade Checker Et Transit Person $42.99 7A 2Y King Laborers Grinders $41.69 7A 2Y King Laborers Grout Machine Tender $41.69 7A 2Y King Laborers Groutmen (pressure)including Post Tension Beams $42.46 7A 2Y 3 King Laborers Guardrail Erector $41.69 7A 2Y King Laborers Hazardous Waste Worker (level A) $42.99 7A 2Y King Laborers Hazardous Waste Worker (level B) $42.46 7A 2Y King Laborers Hazardous Waste Worker (level C) $41.69 7A 2Y King Laborers High Scaler $42.99 7A 2Y King Laborers Jackhammer $42.46 7A 2Y King Laborers Laserbeam Operator $42.46 7A 2Y King Laborers Maintenance Person $41.69 7A 2Y King Laborers Manhole Builder - mudman $42.46 7A 2Y King Laborers Material Yard Person $41.69 7A 2Y King Laborers Motorman -dinky Locomotive $42.46 7A 2Y King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et $42.46 7A 2Y v/ '/w elooku / rvWa elooku .as x 10/16/2013 ' https: / /fortress.wa.go lni ag p p g p p Page 5 of 17 https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 0 Rock, Sandblast, Gunite, Shotcrete, Water Bla King Laborers Pavement Breaker $42.46 7A 2Y ;King Laborers Pilot Car $35.34 7A 2Y (King Laborers Pipe Layer Lead $42.99 7A 2Y -King Laborers Pipe Layer /tailor $42.46 7A 2Y King Laborers Pipe Pot Tender $42.46 7A 2Y King Laborers Pipe Reliner $42.46 7A 2Y King Laborers Pipe Wrapper $42.46 7A 2Y iKing Laborers Pot Tender $41.69 7A 2Y sKing Laborers Powderman $42.99 7A 2Y King Laborers Powderman's Helper $41.69 7A 2Y King Laborers Power Jacks $42.46 7A 2Y ;King Laborers Railroad Spike Puller - Power $42.46 7A 2Y King Laborers Raker - Asphalt $42.99 7A 2Y King Laborers Re- timberman $42.99 7A 2Y King Laborers Remote Equipment Operator $42.46 7A 2Y King Laborers Rigger /signal Person $42.46 7A 2Y King Laborers Rip Rap Person $41.69 7A 2Y King Laborers Rivet Buster $42.46 7A 2Y King Laborers Rodder $42.46 7A 2Y King Laborers Scaffold Erector $41.69 7A 2Y King Laborers Scale Person $41.69 7A 2Y King Laborers Sloper (over 20 ") $42.46 7A 2Y King Laborers Sloper Sprayer $41.69 7A 2Y King Laborers Spreader (concrete) $42.46 7A 2Y King Laborers Stake Hopper $41.69 7A 2Y King Laborers Stock Piler $41.69 7A 2Y King Laborers Tamper Et Similar Electric, Air Et Gas Operated Tools $42.46 7A 2Y King Laborers Tamper (multiple Et Self- propelled) $42.46 7A 2Y King Laborers Timber Person - Sewer (lagger, Shorer Et Cribber) $42.46 7A 2Y King Laborers Toolroom Person (at Jobsite) $41.69 7A 2Y King Laborers Topper $41.69 7A 2Y King Laborers Track Laborer $41.69 7A 2Y King Laborers Track Liner (power) $42.46 7A 2Y King Laborers Traffic Control Laborer $37.79 7A 2Y 8R King Laborers Traffic Control Supervisor $37.79 7A 2Y 8R King Laborers Truck Spotter $41.69 7A 2Y King Laborers Tugger Operator $42.46 7A 2Y King Laborers Tunnel Work- Compressed Air Worker 0 -30 psi $60.06 7A 2Y King Laborers Tunnel Work- Compressed Air $65.09 7A 2Y 80 https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 0 0 Page 6 of 17 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 Worker 30.01 -44.00 psi King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $68.77 7A 2Y i3 King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $74.47 7A 2Y 8�C King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $76.59 7A 2Y 8Q King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $81.69 7A 2Y 8q King Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $83.59 7A 2Y 8Q King Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $85.59 7A 1 H King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $87.59 7A 1H King Laborers Tunnel Work -Guage and Lock Tender $43.09 7A 2Y 8Q +King Laborers Tunnel Work -Miner $43.09 7A 2Y ;King Laborers Vibrator $42.46 7A 2Y King Laborers Vinyl Seamer $41.69 7A 2Y King Laborers Watchman $32.12 7A 2Y King Laborers Welder $42.46 7A 2Y King Laborers Well Point Laborer $42.46 7A 2Y King Laborers Window Washer /cleaner $32.12 7A 2Y King Laborers - Underground Sewer General Laborer Ft Topman $41.69 7A 2Y Et Water King Laborers - Underground Sewer Pipe Layer $42.46 7A 2Y Ft Water King Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $50.82 5D 1H King Marble Setters Journey Level $50.12 5A 1M King Metal Fabrication lln Shop) Fitter $15.86 1 King Metal Fabrication {In Shop) Laborer $9.78 1 King Metal Fabrication {In Shop) Machine Operator $13.04 1 King Metal Fabrication tin Shoo Painter $11.10 1 King Metal Fabrication {In Shop) Welder $15.48 1 King Millwright Journey Level $51.92 5D 1M King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.40 1 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 Page 7 of 17 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $36.64 6Z 2B King Pile Driver Journey Level $51.07 5D 1M King Plasterers Journey Level $49.29 77Q 1R Ong Playground S: Park Equipment Journey Level $9.19 1 Installers `King Plumbers Ft Pipefitters Journey Level $72.69 6Z 1G King Power Equipment Operators Asphalt Plant Operators $53.49 7A 3C 8P ;King Power Equipment Operators Assistant Engineer $50.22 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $53.00 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $53.00 7A 3C 8P King Power Equipment Operators Bobcat $50.22 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition Equipment $50.22 7A 3C 8P I King Power Equipment Operators Brooms $50.22 7A 3C 8P I King Power Equipment Operators Bump Cutter $53.00 7A 3C 8P King Power Equipment Operators Cableways $53.49 7A 3C 8P King Power Equipment Operators Chipper $53.00 7A 3C 8P King Power Equipment Operators Compressor $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $53.49 7A 3C 8P King Power Equipment Operators Concrete Finish Machine -laser Screed $50.22 7A 3C 8P King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $52.58 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $53.00 7A 3C 8P King Power Equipment Operators Conveyors $52.58 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $53.00 7A 3C 8P King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $54.04 7A 3C 8P King Power Equipment Operators Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $54.61 7A 3C 8P King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $53.49 7A 3C 8P King Power Equipment Operators Cranes: A -frame - 10 Tons And Under $50.22 7A 3C I 8P https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 Page 8 of 17 ' King Power Equipment Operators Cranes: Friction 100 Tons Through 199 Tons $54.61 7A 3C 8P ' King Power Equipment Operators Cranes: Friction Over 200 Tons $55.17 7A 3C 8P King Power Equipment Operators Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $55.17 7A 3C 8P King Power Equipment Operators Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $52.58 7A 3C 8P King Power Equipment Operators Crusher $53.00 7A 3C 8P King Power Equipment Operators Deck Engineer /deck Winches (power) $53.00 7A 3C 8P King Power Equipment Opera ors Derricks, On Building Work $53.49 7A 3C 8P I King Power Equipment Operators Dozers D -9 Et Under Drill Oilers: Auger Type, Truck Or Crane Mount $52.58 $52.58 7A 7A 3C 3C 8P 8P `King Power Equipment Operators King Power Equipment Operators Drilling Machine $53.00 7A 3C 8P King Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $50.22 7A 3C 8P King Power Equipment Operators Finishing Machine, Bidwell And Gamaco Et Similar Equipment $53.00 7A 3C 8P King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $52.58 7A 3C 8P King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $50.22 7A 3C 8P King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $53.00 7A 3C 8P King Power Equipment Operators Gradechecker /stakeman $50.22 7A 3C 8P King Power Equipment Operators Guardrail Punch $53.00 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $53.49 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $53.00 7A 3C 8P King Power Equipment Operators Horizontal /directional Drill Locator $52.58 7A 3C 8P King Power Equipment Operators Horizontal /directional Drill Operator $53.00 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks Over 10 Tons $52.58 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks, 10 Tons And Under $50.22 7A 3C 8P King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $54.04 7A 3C 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $53.49 7A 3C 8P King Power Equipment Operators Loaders, Overhead Under 6 Yards $53.00 7A 3C 8P ku / rvWa elooku .as x 10/16/2013 , https : / /fortress.wa.gov /lni /wageloo p p g p p Page 9 of 17 King Power Equipment Operators Loaders, Plant Feed $53.001 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $52.58 7A 3C 8P King Power Equipment Operators Locomotives, All $53.00 7A 3C 8P King Power Equipment Operators Material Transfer Device $53.00 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $54.04 7A 3C 8P King Power Equipment Operators Motor Patrol Grader - Non- finishing $52.58 7A 3C 8P i King Power Equipment Operators Motor Patrol Graders, Finishing $53.49 7A 3C 8P King Power Equipment Operators Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $53.49 7A 3C 8P 'King Power Equipment Operators Oil Distributors, Blower Distribution E Mulch Seeding Operator $50.22 7A 3C 8P King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $52.58 7A 3C 8P i E King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $53.00 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A 3C 8P King Power Equipment Operators Pavement Breaker $50.221 7A 3C 8P j. 'King Power Equipment Operators Pile Driver (other Than Crane Mount) $53.00 7A 3C 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $50.22 7A 3C 8P King Power Equipment Operators Power Plant $50.22 7A 3C 8P King Power Equipment Operators Pumps - Water $50.22 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $50.22 7A 3C 8P King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $53.49 7A 3C 8P King Power Equipment Operators Rigger And Beltman $50.22 7A 3C 8P King Power Equipment Operators Roltagon $53.49 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $50.22 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Mutti -lift Materials $52.58 7A 3C 8P King Power Equipment Operators Roto -milt, Roto - grinder $53.00 7A 3C 8P King Power Equipment Operators Saws - Concrete $52.58 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $53.00 7A 3C 8P King Power Equipment Operators Scrapers - Concrete & Carry All $52.58 7A 3C 8P King Power Equipment Operators Scrapers, Self- propelled: 45 $53.49 7A 3C 8P htt s:Hfortress.wa. ov /lni /wa elooku / rvWa elooku .as x 10/16/2013 P g g pP g p P Page 10 of 17 https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 1 Yards And Over King Power Equipment Operators Service Engineers - Equipment Shotcrete /gunite Equipment $52.58 $50.22 7A 7A 3C 3C 8P 8P King Power Equipment Operators King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 813 'King Power Equipment Operators Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P { King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $53.00 7A 3C 8P King Power Equipment Operators_ Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 813 King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $54.61 7A 3C 813 King Power Equipment Operators Slipform Pavers $53.49 7A 3C 813 `King Power Equipment Operators Spreader, Topsider Et Screedman $53.49 7A 3C 8P 'King Power Equipment Operators Subgrader Trimmer $53.00 7A 3C 2 King Power Equipment Operators Tower Bucket Elevators $52.58 7A 3C 813 King Power Equipment Operators Tower Crane Over 175'in Height, Base To Boom $54.61 7A 3C 8P King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $54.04 7A 3C 8P King Power Equipment Operators Transporters, All Track Or Truck Type $53.49 7A 3C 8P King Power Equipment Operators Trenching Machines $52.58 7A 3C 813 King Power Equipment Operators Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver Under 100 Tons $52.58 7A 3C 813 King Power Equipment Operators Truck Mount Portable Conveyor $53.00 7A 3C 813 King Power Equipment Operators Welder $53.49 7A 3C 813 King Power ,Equipment Operators Wheel Tractors, Farman Type $50.22 7A 3C 8P King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A 3C 8P King Power Eguipment Operators- Asphalt Plant Operators $53.49 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $50.22 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $53.00 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Bobcat $50.22 7A 3C 8P Underground Sewer £t Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $50.22 7A 3C 8P Underground Sewer 8t Water King Power Equipment Operators- Brooms $50.22 7A 3C 813 Underground Sewer Ft Water https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 1 7 J n 'I 7 7 Page 11 of 17 ;King Power Equipment Operators- Bump Cutter $53.00 7A 3C 8P Underground Sewer Et Water ;King Power Equipment Operators- Cableways $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $50.22 7A 3C 8P j Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $53.49 7A 3C 8P Underground Sewer >t Water King Power Equipment Operators- Concrete Finish Machine -laser Screed $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $52.58 7A 3C 8P j Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $53.00 7A 3C 8P Underground Sewer Et Water I King Power Equipment Operators- Conveyors $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $54.04 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 200 Tons To 300 Tons, Or 250' Of Boom (including Jib With Attachments) $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: A -frame - 10 Tons And Under $50:22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Friction 100 Tons Through 199 Tons $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Friction Over 200 Tons $55.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Over 300 Tons Or 300' Of Boom (including Jib With Attachments) $55.17 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Crusher $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer /deck Winches (power) $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Derricks, On Building Work $53.49 7A 3C 8P ' .w . v /lni /wa elooku / rvWa elooku .as x 10/16/2013 https:/ /fortress ago g p p g p p Page 12 of 17 King Power Underground Equipment Operators- Dozers D -9 Et Under Oilers: Auger Type, Truck Crane Mount Machine Elevator And Man -lift: Permanent And Shaft Type Finishing Machine, Bidwell And Gamaco Et Similar Equipment Forklift: 3000 Lbs And Over With Attachments Forklifts: Under 3000 Lbs. With Attachments Grade Engineer: Using Blue Prints, Cut Sheets, Etc Gradechecker /stakeman Guardrail Punch Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $52.58 $52.58 $53.00 $50.22 $53.00 $52.58 $50.22 $53.00 $50.22 $53.00 $53.49 7A 7A 7A I 7A 7A 7A 7A 7A 7A 7A 7A 3C 3C 3C 3C 3C 3C 3C 3C 3C 3C 3C SP 8P 8P ' I 8P 8P 8P 8P j 8P 8P 8P 8P j Sewer Et Water King Power Underground Equipment Operators- Drill Sewer Et Water Or King Power Underground Equipment Operators- Drilling Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators Underground Sewer Et Water King Power Equipment Operators- Underground Sewer 8t Water King Power Equipment Operators- Underground Sewer a Water :King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Et Water Horizontal /directional Drill Locator $52.58 7A 3C 8P King Power Equipment Operators Underground Sewer Et Water Horizontal /directional Drill Operator $53.00 $52.58 7A 7A 3C 3C 8P 8P King King Power Equipment Operators- Underground Sewer Et Water Power Equipment Operators- Underground Sewer Et Water Hydralifts /boom Trucks Over 10 Tons Hydralifts /boom Trucks, 10 Tons And Under $50.22 7A 3C 8P King Power Equipment Operators- Underground Sewer Et Water Loader, Overhead 8 Yards. Et Over $54.04 7A 3C $P King Power Equipment 012erators- Underground Sewer Et Water Loader, Overhead, 6 Yards. But Not Including 8 Yards $53.49 7A 3C $P King Power Equipment Operators Underground Sewer Et Water Loaders, Overhead Under 6 Yards $53.00 7A 3C SP $53.00 7A 3C B King Power Equipment Operators- Underground Sewer Et Water Loaders, Plant Feed King Power EQuipment aerators- Underground Sewer Et Water Loaders: Elevating Type Belt $52.58 $53.00 $53.00 $54.04 7A 7A 7A 7A 3C 3C 3C 3C 8P 8P 8P 8P King Power Equipment Operators- Underground Sewer Et Water Locomotives, All King Power Equipment Operators- Underground Sewer Et Water Material Transfer Device King jPower Equipment Operators- Mechanics, All (leadmen - https:// fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 Page 13 of 17 htt-Ds:// fortress. wa. 2ov/ lni /waRelookup /prvWagelookup.aspx 10/16/2013 Underground Sewer Et Water $0.50 Per Hour Over Mechanic) King Power Equipment Operators- Motor Patrol Grader - Non- finishing $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders, Finishing $53.49 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drili, Boring, Road Header And /or Shield $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $50.22 7A 3C 8P t Underground Sewer Et Water King Power Equipment Operators- Outside Hoists (elevators And Manlifts), Air Tuggers,strato $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $54.04 7A 3C 8P Underground Sewer Et Water =King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pavement Breaker $50.22 7A 3C 8P Underground Sewer Et Water `King Power Equipment Operators- Pile Driver (other Than-Crane Mount) $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $50.22 7A 3C 8P Underground Sewer E: Water King Power Eguipment Operators- Pumps - Water $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger And Bellman $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roto -mill, Roto - grinder $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $52.58 7A 3C I 8P htt-Ds:// fortress. wa. 2ov/ lni /waRelookup /prvWagelookup.aspx 10/16/2013 Page 14 of 17 ' ku / Wa elooku .as https : / /fortress.wa.gov/lni /wageloo ry x 10/16/2013 , p p g p p Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Underground Sewer Wa Water Scrapers - Concrete It Carry All $52.58 7A 3C 8P King Power Equipment Operators- Underground Sewer Et Water Scrapers, Self - propelled: 45 Yards And Over $53.49 7A 3C 8P King Power Equipment Operators- Underground Sewer Ft Water Service Engineers - Equipment $52.58 7A 3C 813 King Power Equipment Operators- Shotcrete /gunite Equipment $50.22 7A 3C 8P Underground Sewer Et Water :King Power Equipment Operators- Underground Sewer Et Water Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $52.58 7A 3C 8P King Power Equipment Operators- Underground Sewer Et Water Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $53.49 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $53.00 7A 3C 8P Underground Sewer Et Water f. King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $54.04 7A 3C 8P Underground Sewer & Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons Slipform Pavers $54.61 $53.49 7A 7A 3C 3C 8P 8P Underground Sewer & Water King Power Equipment Operators- Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et Screedman $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Over 175'in Height, Base To Boom $54.61 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $54.04 7A 3C 8P Underground Sewer Et Water King Power Equi pmenj Operators- Transporters, All Track Or Truck Type $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Trenching Machines $52.58 7A 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver Under 100 Tons $52.58 7A 3C 8P Underground Sewer Et Water King Power Equipment aerators- Truck Mount Portable Conveyor $53.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Welder $53.49 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farman Type $50.22 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators Yo Yo Pay Dozer $53.00 7A 3C 8P ku / Wa elooku .as https : / /fortress.wa.gov/lni /wageloo ry x 10/16/2013 , p p g p p Page 15 of 17 https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 Underground Sewer Et Water King Power Line Clearance Tree Journey Level In Charge $43.76 5A 4A Trimmers King Power Line Clearance Tree Trimmers Spray Person $41.51 5A 4A King Power Line Clearance Tree Tree Equipment Operator $43.76 5A 4A Trimmers King Power Line Clearance Tree Trimmers Tree Trimmer $39.10 5A 4A King Power Line Clearance Tree Tree Trimmer Groundperson $29.44 5A 4A Trimmers King Refrigeration Et Air Conditioning_ Mechanics Journey Level $71.46 6Z 1G ;King Residential Brick Mason Journey Level $50.121 5A 1M 'King Residential Carpenters Journey Level $28.20 1 F King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $39.62 5D 1M King Residential Drywall Tapers Journey Level $49.79 5P 1E King Residential Electricians Journey Level $30.44 1 =King Residential Glaziers Journey Level $35.10 7L 1H King Residential Insulation �plicators Journey Level $26.28 1 `King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Pipefitters Journey Level $34.69 1 King Residential Refrigeration Et Air Journey Level $71.46 6Z 1G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $41.84 7F 1 R King Residential Soft Floor Layers Journey Level $42.15 5A 3D King Residential Sprinkler Fitters Journey Level $40.81 5C 211 ,(Fire Protection) King Residential Stone Masons Journey Level $50.12 5A 1M King Residential Terrazzo Workers Journey Level $46.961 5A 1M King Residential Terrazzo /Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $44.21 5A 1R King Roofers Using Irritable Bituminous Materials $47.21 5A 111 King Sheet Metal Workers Journey Level (Field or Shop) $69.37 7F 1 E King Shipbuilding Et Ship Repair Boilermaker $39.66 7M 1H King Shipbuilding ilip Repair Carpenter $38.24 70 36 King Shipbuilding Et Ship Repair Electrician $37.82 70 3B King Shipbuilding Et Ship Repair lHeat Et Frost Insulator $58.93 5J 15 https:H fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 10/16/2013 Page 16 of 17 ' King Shipbuilding Et Ship Repair Laborer $36.78 70 3B King Shipbuilding Et Ship Repair Machinist $37.81 70 3B King Shipbuilding Et Ship Repair Operator $40.15 70 3B !King Shipbuilding Et Ship Repair Painter $37.79 70 3B {King Shipbuilding Et Ship Repair Pipefitter $37.77 70 3B King Shipbuilding Et Ship Repair Rigger $37.76 70 3B King Shipbuilding Et Ship air Sandblaster $36.78 70 3B King Shipbuilding Et Ship Repair Sheet Metal $37.74 70 3B King Shipbuilding Et Ship Repair Shipfitter $37.76 70 3B ' ;King Shipbuilding Et Ship Repair Trucker $37.59 70 3B iKing Shipbuilding Et Ship Repair Warehouse $37.65 70 3B =King Shipbuilding §i Ship Repair Welder /Burner $37.76 70 313 King Sign Makers Et Installers Electrical Sign Installer $22.92 1 { King Sign Makers Et Installers Electrical Sign Maker $21.36 1 King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical King Sign Makers Et Installers (Non Sign Maker $33.25 1 Electrical King Soft Floor Layers Journey Level $42.15 5A 3D King Solar Controls For Windows Journey Level $12.44 1 King Sprinkler Fitters (Fire Protection) Journey Level $69.59 5C 1X King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural3 King Stone Masons Journey Level $50.12 5A 1M King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 King Surveyors Assistant Construction Site Surveyor $52.58 7A 3C 8P King Surveyors Chainman $52.06 7A 3C 8P King Surveyors Construction Site Surveyor $53.49 7A 3C 8P King Telecommunication Technicians Journey Level $22.76 1 King Telephone Line Construction - Cable Splicer $36.01 5A 2B Outside `King Telephone Line Construction - Hole Digger /Ground Person $20.05 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $34.50 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $36.01 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer II $35.27 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator (Heavy) $36.01 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operatorl $33.471 5A I 2B https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 10/16/2013 ' Page 17 of 17 htti3s:H fortress. wa. gov/ lni /wagelookup /PrvWagelookup.aspx 10/16/2013 Outside (Light) King Telephone Line Construction - Telephone Lineperson $33.47 5A 2B Outside King Telephone Line Construction - Television Groundperson $19.04 5A 2B Outside King Telephone Line Construction - Television Lineperson /Installer $25.27 5A 2B Outside King E Telephone Line Construction - Television System Technician $30.20 5A 2B Outside King Telephone Line Construction - Television Technician $27.09 5A 2B Outside King Telephone Line Construction - Tree Trimmer $33.47 5A 2B Outside 'King Terrazzo Workers Journey Level $46.96 5A 1M King Tile Setters Journey Level $21.65 1 °-King Tile, Marble Ft Terrazzo Finishers Finisher $37.79 5A 1B =King Traffic Control Stripers Journey Level $42.33 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $47.91 5D 3A 8L 'King Truck Drivers Asphalt Mix To 16 Yards (W. WA- Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Dump Truck tt Trailer $47.91 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $47.07 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $47.91 5D 3A 8L King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers It Irrigation Pump Oiler $12.97 1 Installers King Welt Drillers Ft Irrigation Pump Well Driller $18.00 1 Installers htti3s:H fortress. wa. gov/ lni /wagelookup /PrvWagelookup.aspx 10/16/2013