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AG 16-106RETURN TO: ?y ,ND,\A i EXT: /f �} po ,ki I t 4 3071 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PUBLIC WORKS / Streets 2. ORIGINATING STAFF PERSON: Christine Mullen EXT: x2723 3. DATEREQ.BY: Mon. I0- Apr -20I i 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION CONTRACT AMENDMENT (AG #): 16- 10G ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: SacaJawea Middle School Safe Routes to Schools 6. NAME OF CONTRACTOR: Sound Pacific Construction, LLC ADDRESS: 3902 1 57th St Ct NW Gig harbor, WA 98332 TELEPHONE: (253)444 -0050 E -MAIL: tom .soundpacific @gmail.com FAX: N/A SIGNATURE NAME: Tom Abplanalp TITLE: Managing Member 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 # 1 6- 1 03550 BL, EXP. 12/31/17 UBI# 603606758 , EXP. / / 8. TERM: COMMENCEMENT DATE: 03-Aug-201 6 COMPLETION DATE: Project Completion orig. contract + this change order = revised contract 9. TOTAL COMPENSATION: $ 979,830.00 + $16,453.90 = $996,283.90 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES l(NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT:$0 (federal pr ject)o RETAINAGE AGREEMENT (SEE CONTRACT) OR o RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 306-4400- 194- 595 -30 -650 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED r - 1� PROJECT MANAGER Ck�i 05- �D v DEPUTY DIRECTOR DIRECTOR _- L - 111 ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT * ar6 /c 7 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: N/A COUNCIL APPROVAL DATE: N/A 12. CONTRACT SIGNATURE ROUTING QV I au L}I I ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: L D: ( I DATE REC'D: �� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICEN ES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT. SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) IN IAL / DATE SIGNED r SIGNATORY ( RECTORR IIIRM i )<ASSIGNED AG # AG# — 0 , IGNED COPY RETURNED DATE SENT: -9- 1311- ❑ RETURN ONE ORIGINAL COMMENT : EXECUT " " ORIG S 3/2017 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #: 16 -106 1 PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE Sacajawea M.S. Safe Routes to Schools Sound Pacific Construction, LLC PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: 1. PAVEMENT REPAIR This change order documents a solution to repair the original paving job that has roller marks and is preventing water from flowing to the gutter. At the direction of WSDOT, this change order also extends the paving matchline back to the lane line instead of the original limits. Sound Pacific Construction, LLC and the City of Federal Way will both be contributing to these costs as outlined in this change order. The attached drawing shows the limits of the proposed work, from Sta 16 +75 to the east end of the project. All valves, manholes, and other lids will be lowered before completing this work and will be raised to grade after paving is complete. This is incidental to other work in this contract. Bid Item #8, Flaggers and Spotters: This work is estimated to take up to two working days. An estimated 32.0 Flagger Hours are associated with this change order. Bid Item #26, HMA CI 1/2 In. PG 64 -22: The 2" inlay will be from Sta 16 +75 to the east end of the project as detailed below: Sta 16 +75 to Sta 22 +25: The Contractor will be responsible for quantities from the gutter to the original sawcut line. The City will be responsible for quantities from the original sawcut line to the lane line. Sta 22 +25 to east end of project: This area did not have deficiencies due to workmanship, however the grades as originally designed did not allow for proper drainage flow at the far east end of the project. The Contractor will extend the grind and inlay to include this area in order to provide for proper flow. The City will be responsible for quantities in this area. Estimated HMA quantities as shown on the attached breakdown are as follows: 16 +75 to 22 +25 (gutter to original sawcut) 52.50 TN (contractor) 16 +75 to 22 +25 (original sawcut to lane line) 88.64 TN (city) 22 +25 to east end of project 7.05 TN (city) 148.19 TN The bid item will be adjusted to reflect the quantities that the City is contributing. The amounts (88.64 TN + 7.05 TN = 95.69 TN) reflect 64.6% of the estimated total (148.19 TN). When pavement is completed and paving tickets are submitted to the City, payment quantity will be determined at 64.6% of the total daily tickets paid at the bid unit price of $110 per ton. Bid Item #58, Paint Line: There is additional striping associated with taking the repaving out to the lane line as well as extending the grind to the east end of the project. It is estimated that the quantity of this additional striping is 400 lineal feet paid at the bid unit price of $1.00 per lineal foot. Change Order No. 1 continued 2 of 3 Bid Item #60, Remove Pavement Markings: Due to the grind and inlay, the original quantity of pavement markings to be removed is reduced. The original bid item was Lump Sum $3,000.00. This change order reduces this lump sum amount to $1,500.00 to reflect the reduced work associated with this bid item. Bid Item #64 (new), Grinding and Disposal: This is a new bid item. The locations and cost responsibilities for a 2" grind of the asphalt pavement are the same as identified for the HMA and as summarized below: Sta 16 +75 to 22 +25 (gutter to original sawcut) Sta 16 +75 to 22 +25 (original sawcut to lane line) Sta 22 +25 to east end of project 467 SY (contractor) 788 SY (city) 58 SY (city) 1,313 SY This is a new bid item and the square yard price will include all trucking and disposal of ground materials. When grinding is completed and an invoice is submitted to the City for reimbursement, the City will pay for 64.6% of the grinding costs at a unit price of $6.00 per square yard. This 64.6% split is as detailed under the HMA description. 2. WORKING DAYS Fifteen (15) additional working days are being allowed for the completion of the pavement repair work outlined in this change order and all other remaining contract work required to achieve substantial completion. One - and -a -half (1.5) additional working days are being allowed for impacts associated with conflicts with Century Link conduit crossings. (See attached). The time provided for completion in the Contract is 1 1 Unchanged X Increased by 16.5 Working Day(s) Decreased. 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? If "Yes" Will the Policies Be Extended? II II Yes ® No Yes 1 I No PRICE CHANGE LUMP SUM INCREASE $ DECREASE $ UNIT PRICE #60 Remove Pavement Markings $3,000.00 $1,500.00 $1,500.00 THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. #8 #26 #58 #64 (new) ITEM Flaggers & Spotters HMA CI 1/2 In. PG 64 -22 Paint Line Grinding & Disposal TOTAL NET CONTRACT: QUANTITY 32.0 Hrs 95.69 TN 400 LF 846 SY UNIT PRICE $ 61.00 $110.00 $ 1.00 $ 6.00 ADD OR DELETE $ 1,952.00 $10,525.90 $ 400.00 $ 5,076.00 $17,953.90 INCREASE $16,453.90 DECREASE $ Change Order No. 1 continued 3 of 3 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 $ 979,830.00 $ 0.00 $ 16,453.90 $ 0.00 $ 996,283.90 INCREASED $ 0.00 DECREASED $ 0.00 $ 0.00 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. CONTRAS OR'S SIGNA M RWAN AL S UM, P.E. PUBLIC IRKS DIRECTOR W/0-7 DATE - `-k�2117 D E GENERAL NOTES 1331.15 SILL 00 01 WS 3N1 H3138 11Th PLACE S SIGN SCHEDULE g ti R le STANDARD SIGN INFO a. x A R is A A S S i i 6 8 1 i B g B 's SIGN SCHEDULE 12 ti 3,i le STANDARD SIGN INFO a. x A R is V 8 6 8 1 ? B g B 's s a.Aaa _a i &tip¢ g a d ,li A S S G SACAIAWEA MIDDLE SCHOOL £C 133Hs 6z +2I 3Is 3Hn 03108 1 III 11 • r YYK 3 3 80 = U T <n W 0) J 0 o� U) W cc,) Q w Q LL co W Q m � 0 dy. RX 133HS SI11 00 +01 0 S 3311 03108 s�Y s Y 39 910 9109/1/9 Nip IONVl0ZV0Sl \ponooJ \s639 a \M53o \s 21^°a ,I,s 03 w.do - Z1 0I \AVM w33o11\SJ37oo SIGN SCHEDULE kl N n i° b r x 1., 3i .. A 1, . .2 .2 i 8 F a gY,1 ;22148 ? 1414 tsRys -� p C -2a 5 Gi a a x 4 1A a STANDARD SIGN INFO - -- 1 kl N n i° b r x 1., 3i .. A 1, . .2 .2 i 8 a 3 3 l � % Ikg ;22148 g g ga -� p C .2-;1 g G OP § 1 g 14 k i S e 8 a 3 3 l � % n R :: $ $ $ $ u, 8 t i. i p C .2-;1 n o 442 F, - S R B sE 8 fv a r R' R' A 2 2 2 IQ xi - e a R =" x =1 o w R F 6 6g 1 4 ea m O 1 1 r gr al �r J 1 a a ne mz eazPo(/a ,amx2CISI M630\oim, yes a,. m.deae. - Zrtsi \4e p \s133014\7 COSTS TO GRIND AND INLAY TO LANE LINE H Cn 0 0 H Z F 1- 0 0 Z 0 6. o 0 o ' LO °O °O 0 0 °O ►f) CC) O 00 O O N A MC) M 0 f) O lf) r- EA EA EA EA 04 EA EA O O O O O O O O O O O O O O r r CC) CO EA EA EA EA EA EA 2 Lo N oo O C T- 5'- o Qo r (fl M it 2 J 0 , U)I N L > U °' v o co co � �I 0) Lri o ,- in N. of CD d d o N -II Lo JI r 16 +75 to 22 +25 2 2 east end of project GRINDING 16 +75 to 22 +25 east end of project PAVEMENT MARKING REMOVAL O 0 M O 10 N EA. CITY SHARE OF COSTS 0 0 0 0 0 0 0 Nr L0 O O O O O O Lci 00 00 O O LO f- N O O LO t-- I-- I� co CA O EA EA EA EA EA EA EA Cn Z CO 1— (0 Li 6 z J w W Z Z w Z 0 J W O Z I D- LL! H J Z I— ~ Q 0to C U o N Q N O N L O O N 2 ° + C1 Lo N p + o p CO N 0 0 (0 ZZ� 0 0 — QQzz° 2 2 0 0 w H } m c O c) 2 °) O � 0_ o Z .a W c 2 N w N Q N d ADDITIONAL STRIPING FLAGGING HOURS O O O O a) O O O Cp N 00 EA EA to EA CONTRACTOR SHARE OF COSTS >- zc1--o v °^ w N Z W Z� JU D w o U O Q 1 M Ct w OH w CD I- -6 I— N c� N CD N N n L u u N O N m TOTAL COSTS $25,030.90 Pavement marking removal bid item will have scope reduced (not -DBE work), 50% credit to LS bid amount of $3000 is proposed. Christine Mullen From: Christine Mullen Sent: Wednesday, September 07, 2016 9:50 AM To: Tom Abplanalp (Sound Pacific Construction) Subject: Banked Days Categories: SACAJAWEA SRTS Tom, Sound Pacific Construction requested 1.5 Non - working days as outlined below. The City agrees that there was a direct impact to Sound Pacific's production on these days. However, due to the fact that Sound Pacific was in fact on site, we prefer not to classify them as "non- working" days, but rather to add them as additional working days. For a federal project, additional working days must be documented with a change order. At this time, the City will "bank" 1.5 days, and if a change order is issued at any time during the project, we will incorporate them into the change order or else process a change order solely to adjust working days at the end of the project if needed. In the meantime, I am noting the "banked days" on the weekly statement of working days. 8/25 —1 Non - working day due to conflicts with Century Link conduit crossings uncovered on 8/25. 8/26 - .5 Non - working day due to conflicts with Century Link conduit crossings uncovered on 8/25 and with cast iron sleeve that was discovered on 8/26. Christine J. Mullen, P.E. Street Systems Project Engineer City of Federal Way - Public Works Dept 33325 8th Ave S, Federal Way, WA 98003 (253) 835 -2723 Phone C h r i s ti n e lvl u l l e n@ cs yo f fe d e ra l w a y c o m 1 Sound Pacific Construction Daily Report of Extra Work SACAJAWEA 1602 Extra Work No.: Superintendent: TOM ABPLANALP Date: Foreman Involved: Inspector Involved: Descriptive Name: Bid Item 62 Utility Conflict @ 19 +75 -19 +65 TIMES Work Stopped: 7:00 AM Owner Response: LABOR Employee Name Class Equipment Operated Greg Grantham Foreman Richard Stoner Operator Excavator 180 John Deere X -7 Friday, August 26, 2016 Work Completed: 12:15 Total Delay Time: 4 Crew Hours Carl Whitaker Laborer Richard Durham Laborer EQUIPMENT Igo, 505R 501R 602R 506R Type Make Model EXC John Deere 180 EXC Hitachi 85 COMPACTOR Sunbelt 36" Backhoe John Deere 310 MATERIALS USED Vendor P11ln SUBCONTRACTORS Company CONTRACTOR'S COMMENTS What Happened: Hours 4 4 4 1 Description Working Time Standby 180 EXcavator 4 Zaxis 85 Excavator 4 36" Double Drum 4 BACKHOE EROPS/ 4 W/ HOEPAC Quantity Unit Crew Hr's Crew No. Locatlbn Work Stopped Work Started Started morning by lowering direct bury cable line to get it out of the Storm Run, we only had about 3" of seperation, that was direction we followed. Cut 4- 4" conduits That were In our trench line. While cutting 4th conduit, alr began leaking from Pipe, Terrence "Terry" Tyler from North Sky was onsite talking with Tom Wessel, I asked him if air line was abandoned because It was leaking air, he confirmed It was abandoned and could be cut out of way, air was only bleeding out of the line. He stated if It Is not then Century Link will be here shortly 10 repair, he told us to go ahead and cut. We cut line air, continued to leaked out 7:00 -9:00. At 9:45 Century Link arrived and let us know, that line was not abandoned and they had to repair. At 9:45 we found a 4" Cast Iron Pipe at approxiametely station 19 +65, Pipe was in direct conflict with our strom line. No locates for pipe and not shown on plans. I recalled In locates so we could have the utilities identify whose It was. Lakehaven and PSE Gas confirmed It was not theirs, We cut a small hole and found a cable wire in the pipe. Century Link confirmed it was their utility and it was abandoned. Received email at 12:15.4 Hour total crew delay for Utility Conflicts. Requesting 1/2 non working day. SIGNATURES Contractor's Representative Print Name: Tom Abplanalp Title: Protect Manager Signature: Owner's Representative Print Name: Title: Signature: DO NOT TYPE HERE, USE FRONT. DO NOT TYPE HERE, USE FRONT. DO NOT TYPE HERE, USE FRONT DO NOT TYPE HERE, USE FRONT. Sound Pacific Construction Daily Report of Extra Work SACAJAWEA 1602 Extra Work No.: X-6 Superintendent: TOM ABPLANALP Date: Thursday, August 25, 2016 Foreman Involved: Inspector Involved: Descriptive Name: Bid Item 62 Utility Conflict @ 19 +75 TIMES Work Stopped: 10:00 AM Work Completed: 3:00 Owner Response: Total Delay Time: 4.5 LABOR Employee Name Class Equipment Operated Hours Greg Grantham Forman 4.5 Richard Stoner Operator Excavator 4.5 Carl Whitaker Laborer 4.5 EQUIPMENT Eq. No. Type Make Model Description Working Time Standby 505R EXC John Deere 180 180 EXcavator 4.5 501 R EXC Hitachi 85 Zaxis 85 Excavator 4.5 506R Backhoe John Deere 310 BACKHOE EROPS/ 4.5 W/ HOEPAC 602R COMPACTOR Sunbelt 36" 36" Double Drum 4.5 MATERIALS USED Vendor Description Quantity Unit United Rentals 8'x20' Steel Sheet 1 EA SUBCONTRACTORS Company Crew Hrs Crew No. Location Work Stopped Work Started CONTRACTOR'S COMMENTS What Happened: 4" Conduit crossing at station 19 +75 Is in conflict with our 18" Storm Crossing. And Direct Bury Fiber Is in at Invert of new storm line. We were directed at the end of the day that the conduit is dead and we can cut and cap conduit lines tomorrow. We will also need to expose Direct Bury Fiber and lower as to not be in conflict of new Storm Line. Requesting a non working Day today. SIGNATURES Contractor's Representative Owners Reproeenfative Print Name: Tom Abplanalp Print Name: Title: Title: Signature: Signature: DO NOT TYPE HERE, USE FRONT. DO NOT TYPE HERE, USE FRONT. DO NOT TYPE HERE, USE FRONT. DO NOT TYPE HERE, USE FRONT. rRETURN TO: EXT 27o I lDk/C5 ms CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 5-Wee-Es 2. ORIGINATING STAFF PERSON: Chas In 1\-4tAileill 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB RFP, RFQ) ■ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): ❑ OTHER ExT: x 2723 3. DATE REQ. BY: ( SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: SGCA. Q LIMA 1 I I� ACM 5c 'Rr c -1t ,Schoo L 6. NAME OF CONTRACTOR: ADDRESS: r fp 1 " S+- E -MAIL: SIGNATURE NAME: -MD Y1',{ S AIbp 1ai►Q.l-p TELEPHONE:2 3. 444• DtieoO FAX: . TITLE: 14.eyfl ter 7. EXHIBITS AND ATTACHMENTS: ❑ SCOP.WORK OR SERVICES ❑ COMPENSATION fS INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS I!7 PROOF OF AUTHORITY TO SIGN W REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #1(i) I03660 BL, EXP. 1122 /31// (4, UBI #(pb 3(QD1.oZSg , EXP. 130/ 11 8. TERM: COMMENCEMENT DATE: t) fan, -f ✓ �y, ��✓ tTr\ COMPLETION DATE: (QV VVO 9. TOTAL COMPENSATION: $ q. U) . bU (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: 10. DOCUMENT / CONTRACT REVIEW • PROJECT MANAGER • DIVISION MANAGER • DEPUTY DIRECTOR • DIRECTOR • ❑ RISK MANAGEMENT (IF APPLICABLE) ▪ LAW DEPT C)( • 4 4 CC 11. COUNCIL APPROVAL (IF APPLICABLE). # • 59s So . u250 13 INITIAL / DATE REVIEWED PAID BY: ❑ CONTRACTOR ❑ CITY u 6 W(6 s�16/l6 eA 1 I i 1lU COMMITTEE APPROVAL OVAL DATE: 12. CONTRACT SIGNATURE ROUTING )KSENTTO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI CEN ES, EXHIBITS XLAW DEPT ❑ CHIEF OF STAFF X SIGNATORY (MAYOR OR OR) )i CITY CLERK ASSIGNED AG # ❑ SIGNED COPY RETURNED )cRETURN.2. ORIGINALS COMMENTS: 3/4(/ tlo eI IAL/ DATE SIGNED g /d/it INITIAL / DATE APPROVED C 7119 Y 719 tr(lb 1114.04 X1(9 - 7/ /f/m COUNCIL APPROVAL DATE: 1 , 1 -1 i t ly DATE REC'D: 7/2/s1(6 EXECUTE "Fer" ORIGINALS 4e-le Feder -cu. pid Nb Lonurracriy allowed t iic Ac - 8id doc being v-c u1•P.e4 r naval. be -Fore rilver+i,F,errler-rt mid hpenin' da. 4- dt, ale, hi 1i11./ 1/1 iCd in pink. k l c)i.L(. be • I la it 11 &.• • 1• •1 Al V 31 Ito s t . ;r rn.e.d 1/1 (tAC5 .' e eal%e ite 4 .5. -I- o-F A.ue 54044 , Cvo'-v• es -Con a. -(eJe jet %-t %\oi -�a dha OVA , (WV `� P/ o sec-• • 5 a Ito SW9 *2 40 I�a\'`) -Dept rn ayl< ti Yo Ur Changes hove 6e6 C�.ddressed . 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SOUND PACIFIC CONSTRUCTION LLC UBI Number 603606758 Category LLC Active /Inactive Active State Of Incorporation WA WA Filing Date 04/15/2016 Expiration Date 04/30/2017 Inactive Date Duration Perpetual Registered Agent Information Agent Name PAIJE ABPLANALP Address 3902 1 S7TH ST CT NW City GIG HARBOR State WA ZIP 98332 Special Address Information Address City State Zip Governing Persons Title Name Address Member Brunson, John 3902 157th ST CT NW GIG HARBOR, WA 98332 Member Abplanalp, Paije 3902 157th ST CT NW GIG HARBOR, WA 98332 Member Abplanalp, Thomas 3902 157th ST CT NW GIG HARBOR, WA 98332 Member Brunson, Parri 3902 157th ST CT NW GIG HARBOR, WA 98332 "44-- Federal Way CITY OF WASHINGTON CONTACT US e- Permits HOME Terms � Conditions PUBLIC INFORMATION Locate a Business Permits Information Issued Permits Contractor Search REGISTERED USERS Apply for Permit View My Permits Request Inspection New Registration Update Registration Login INSIDE CITY HALL SERVICES DOING BUSINESS ID 16 103550 000 00 BL Number Pre. 3902 Desc. Applicant Business Owner Mailing Address Business Owner OUR COMMUNITY PERMIT /BUSINESS DETAILS Reference File Description Sub Type Work Name Type Business Non - Resident Registration Business 157TH ST Street Org. Name Info. Desc. Business Ownership Type S.I.C. Code Number of Full -Time Employees in City Business Phone Number Number of Part-Time Employees in City Date Business To Start in FW Fee Desc. LIC- BUSINESS LIC. (1530) Services Name SOUND PACIFIC CONSTRUCTION LLC PROPERTY DETAILS Street Dir Suite Suite Type Type Number CT NW Status Application Date Open Jul 22, 2016 City State Zip GIG HARBOR WA 98332 HOW DO L., Issue Date Jul 22, 2016 Legal Desc Expiration Date Dec 31, 2016 PEOPLE DETAILS Address City State Zip Phone# 3902 157TH ST CT NW GIG HARBOR WA 98332 (253)444 -0050 3902 157TH ST CT NW GIG HARBOR WA 98332 (253)444 -0050 3902 157TH ST CT NW GIG HARBOR WA 98332 (253)444 -0050 3902 157TH ST CT NW GIG HARBOR WA 98332 (253)649 -4996 BUSINESS INFO Limited Liability 1700 - Contractors- Special Trade 0 2534440050 0 Jul 26, 2016 PERMIT /LICENSE FEE(S) PROCESSES AND NOTES Value Fee Amount Balance $75.00 $0.00 Process Description Status Schedule Date Start Date End Date Assigned Staff # of Attempts Application Received - BL Closed Jul 22, 2016 Jul 22, 2016 Jul 22, 2016 Robyn Buck (253- 835 -2527) 0 Application Routing Closed Jul 22, 2016 Jul 22, 2016 Jul 22, 2016 Robyn Buck (253- 835 -2527) 0 Pre - Issuance Processing - BL Closed Jul 22, 2016 Jul 22, 2016 Jul 22, 2016 Robyn Buck (253- 835 -2527) 0 Back e 0 ® Home I Print I Email I Contact Us I Employee Resources I Copynght Notices I Accessibility I Stem I Translate' 33325 8th Ave. South, Federal Way, WA 98003, 253 - 835 -7000 I Powered by CivicPtus City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS June 2016 RFB ver. 4/16 BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS FOR Sacajawea Middle School Safe Routes to School FA No. SRTS – 0509(031) RFB # 16-005 Bids Accepted Until 10:00 a.m., Thursday, June 23, 2016 Bids Opened 10:10 a.m., Thursday, June 23, 2016 AT: City of Federal Way City Council Chambers 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: KPG 753 9th Avenue North Seattle, WA 98109 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS June 2016 RFB ver. 4/16 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page i June 2016 RFB ver. 4/16 TABLE OF CONTENTS PAGE REQUEST FOR BIDS ......................................................................................................... 1 BIDDER’S CHECKLIST ...................................................................................................... 3 SECTION 1: INSTRUCTIONS TO BIDDERS........................................................................ 5 SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS .................................. 12 ATTACHMENT A: NO BID RESPONSE FORM ................................................................... 17 ATTACHMENT B: BID FORM .......................................................................................... 19 ATTACHMENT C: BID SCHEDULE ................................................................................... 21 ATTACHMENT D: BID SIGNATURE PAGE ....................................................................... 25 ATTACHMENT E: BID BOND FORM ................................................................................ 27 ATTACHMENT F: SUBCONTRACTOR LIST ...................................................................... 29 ATTACHMENT G: NON-COLLUSION DECLARATION & NOTICE TO ALL BIDDERS ........... 31 ATTACHMENT H: DBE UTILIZATION CERTIFICATION ................................................... 33 ATTACHMENT I: DBE WRITTEN CONFIRMATION DOCUMENT....................................... 35 ATTACHMENT J: PUBLIC WORKS CONTRACT ................................................................ 37 EXHIBIT A: NOTICE OF COMPLETION ................................................................. 51 EXHIBIT B: CONTRACT CHANGE ORDER AGREEMENT ......................................... 53 EXHIBIT C: NOTICE OF NONDISCRIMINATION IN EMPLOYMENT ....................... 55 EXHIBIT D: CERTIFICATE(S) OF INSURANCE ...................................................... 57 EXHIBIT E: PERFORMANCE / PAYMENT BOND .................................................... 59 EXHIBIT F: TITLE VI ASSURANCES ...................................................................... 63 AMENDMENTS TO THE STANDARD SPECIFICATIONS ................................. GREEN PAGES SPECIAL PROVISIONS ................................................................................... BLUE PAGES APPENDIX A: FHWA 1273 ......................................................................... SALMON PAGES APPENDIX B: PREVAILING WAGES AND BENEFIT CODE KEY ........................ PINK PAGES APPENDIX C: WSDOT STANDARD PLANS .................................................... WHITE PAGES APPENDIX D: FEDERAL WAY STANDARD DETAILS ..................................... WHITE PAGES APPENDIX E: GEOTECHNICAL REPORT & BORING LOGS ........................... WHITE PAGES City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page ii June 2016 RFB ver. 4/16 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 1 June 2016 RFB ver. 4/16 CITY OF FEDERAL WAY REQUEST FOR BIDS SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL RFB # 16-005 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through Thursday, June 23, 2016, at 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 Thursday, June 23, 2016, at City Council Chambers, 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: Improvements for the Sacajawea Middle School Safe Routes to School project are on South Dash Point Road (SR 509) from Sacajawea Middle School to the Redondo Way South/16th Ave South intersection and also in the Sacajawea Park parking lot. Improvements include, but are not limited to, the following: New asphalt concrete pavement, curb & gutters, sidewalks, drainage improvements, retaining walls, illumination, landscaping, signing, channelization, and other work. The Contractor shall complete all work within 60 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. Any questions concerning the description of the work contained in the contract documents must be directed to Christine Mullen, P.E., Street Systems Project Engineer, by facsimile at (253) 835-2709, or by letter addressed to Christine Mullen, P.E., Street Systems Project Engineer prior to bid opening date. BID DOCUMENTS: Free-of-charge access to project bid documents (plans, specifications, addenda, and Bidders List) is provided to Prime Bidders, Subcontractors, and Vendors by going to www.bxwa.com and clicking on “Posted Projects”, “Public Works”, and “City of Federal Way”. This online plan room provides Bidders with fully usable online documents with the ability to: download, view, print, order full/partial plan sets from numerous reprographic sources, and a free online digitizer/take-off tool. It is recommended that Bidders “Register” in order to receive automatic e-mail notification of future addenda and to place themselves on the “Self-Registered Bidders List.” Bidders that do not register will not be automatically notified of addenda and will need to periodically check the on-line plan for addenda issued on this project. Contact Builders Exchange of Washington at (425) 258-1303 should you require assistance with access or registration. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 2 June 2016 RFB ver. 4/16 An informational copy of plans, specifications, and addenda are also available for viewing only at the Public Works Department, Federal Way City Hall, 33325 8th Avenue South, Federal Way, Washington. 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 26 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, or sex in consideration for an award. 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 within the specified working days. 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 or her bid for ninety (90) days after the hour set for the opening thereof. Dated the 1st day of June, 2016. Dates of Publication: Daily Journal of Commerce: June 2, 2016 June 9, 2016 Federal Way Mirror: June 3, 2016 June 10, 2016 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 3 June 2016 RFB ver. 4/16 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. Non-Collusion Declaration and Notice to All Bidders (Attachment G) Failure to return this Declaration as part of the bid proposal package will make this bid non- responsive and ineligible for award. Disadvantaged Business Enterprise Utilization Certification (Attachment H) This form will demonstrate how you will meet the DBE Condition of Award. Disadvantaged Business Enterprise Written Confirmation Document (Attachment I) Complete this form for every DBE listed on the DBE Utilization Certification. The “Description of Work” and “Amount to be Applied Toward Goal” must match between DBE Utilization certification and the DBE Written Confirmation Document or your bid may be rejected. 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 RFB # 16-005 Sacajawea Middle School SRTS Page 4 June 2016 RFB ver. 4/16 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 J) The successful bidder will fully execute and deliver to the City the Public Works Contract (“Contract”) from these Bid Documents. Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment (Exhibit C) 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 D) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. Performance/Payment Bond (Exhibit E) 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 # 16-005 Sacajawea Middle School SRTS Page 5 June 2016 RFB ver. 4/16 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 Thursday June 23, 2016, 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 8th Avenue S, Federal Way, Washington, 98003-6325, and will be publicly opened and read aloud in City Hall Council Chambers on Thursday, June 23, 2016, 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 forty-eight (48) hours prior to the opening of bids. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 6 June 2016 RFB ver. 4/16 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. 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 received by the Project Engineer 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 except Schedule B of the Bid Proposal. Sales Tax for Schedule B will be accounted for as part of the total schedule cost. 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 7 June 2016 RFB ver. 4/16 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. 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 8 June 2016 RFB ver. 4/16 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 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. 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 9 June 2016 RFB ver. 4/16 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 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. 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. Attachment A – 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 10 June 2016 RFB ver. 4/16 F. Attachment F – Subcontractor List. G. Attachment G – Non-Collusion Declaration and Notice to All Bidders. H. Attachment H – Disadvantaged Business Enterprise Utilization Certification. I. Attachment I – Disadvantaged Business Enterprise Written Confirmation Document J. Contractor’s Certificate of Registration K. Contractor’s State Identification Numbers 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 11 June 2016 RFB ver. 4/16 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 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 E) 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 State of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance/Payment Bond (Exhibit E) 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 12 June 2016 RFB ver. 4/16 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 33325 8th Avenue S Federal Way, Washington 98003 Attention: Bid Protest – Sacajawea Middle School SRTS RFB # 16-005____ 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 Christine Mullen, P.E., Street Systems Project Engineer. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Christine Mullen, P.E., Street System Project 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 13 June 2016 RFB ver. 4/16 2-3 Contract Documents and Precedence 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; Instructions to Bidders; General Contractual Terms and Conditions; Bid Form; Bid Schedule; Bid Signature Page; Bid Bond; Subcontractor List; Non-Collusion Declaration and Notice to All Bidders; Disadvantaged Business Enterprise Utilization Certification; Disadvantaged Business Enterprise Written Confirmation Document; Public Works Contract; Notice of Completion of Public Works Contract attached as Exhibit A; Contract Change Order Agreement attached as Exhibit B; Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit C; Certificate(s) of Insurance Form attached hereto as Exhibit D; Performance / Payment Bond attached hereto as Exhibit E; Title VI Assurances attached hereto as Exhibit F; Project Plans; 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction; Amendments to the Standard Specifications; Contract Special Provisions; Addenda and Change Orders; FHWA 1273 attached as Appendix A; Current Prevailing Wage Rates attached as Appendix B; WSDOT Standard Plans as Appendix C; Federal Way Standard Details attached as Appendix D; Geotechnical Report and Boring Logs attached as Appendix E; and all other Appendices attached hereto and incorporated by this reference, (collectively the “Contract Documents.” The contract documents are intended to be complementary so that what is required by any one of them 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 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. 2-6 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. 2-7 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 14 June 2016 RFB ver. 4/16 2-8 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. 2-9 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. 2-10 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. 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. 2-11 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 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. 2-12 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 15 June 2016 RFB ver. 4/16 complete (referred to in this subsection as “Subject Data”), 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. 2-13 Patents and Royalties 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. 2-14 Disagreements, Disputes, Claims, and Appeals If any disagreements occur with anything required in a change order, another written order, or an oral order from the Project Engineer, including any direction, instruction, interpretation, or determination by the Project Engineer, the Contractor shall follow the procedures outlined in Standard Specification Sections 1-04.5 and 1-09.11, which are incorporated by this reference. By failing to follow the procedures of Sections 1-04.5 and 1-09.11, the Contractor completely waives any claims for protested Work. Any claims or causes of action shall be brought only in the Superior Court for King County, Washington. 2-15 Recycled Products 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 16 June 2016 RFB ver. 4/16 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 # 16-005 Sacajawea Middle School SRTS Page 17 June 2016 RFB ver. 4/16 ATTACHMENT A: NO BID RESPONSE FORM When submitting a “No Bid,” mail this completed form to Federal Way Purchasing, 33325 8th Avenue South, Federal Way, Washington 98003. Be sure the form is in a sealed envelope with the bid number and bid title indicated on the outside of the envelope. The form must be received by the date and time specified for the bid opening as indicated in Section 1-1. Failure to return this form if not submitting a formal bid, may result in your firm being removed from the City’s master bidder’s mailing list. Bid Number: RFB No. 16-005 Bid Title: Sacajawea Middle School Safe Routes to School Cannot comply with specifications. Cannot meet delivery requirement. Do not regularly manufacture or sell the type of commodity involved. Other (please specify). Explanation of reason(s) checked: Check one of the following: WE DO WE DO NOT desire to be retained on the mailing list for future procurements of this commodity. Firm Name: _______________________________________________ Address: ____________________________ Phone: __________ _______________________ ________________ Signature Date _______________________ ________________ Name (Type or Print) Title ATTACHMENT B: BID FORM CITY OF FEDERAL WAY SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL Bidder: SOfirthG( PaC C CahCtruChM' LL' Date: ITEM BID AMOUNT A) Schedule A Roadway Improvements TOTAL BID AMOUNT (including Washington State sales tax, all other government taxes, assessments and charges) $ f 7cri80. 00 $`1-79)g30 Do To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 Pursuant to and in compliance with your advertisement for bids for construction of Sacajawea Middle School Safe Routes to School, and other documents relating thereto, the undersigned has carefully examined all of the bid and contract documents as the premises and conditions affecting the delivery, supply and maintenance of Sacajawea Middle School Safe Routes to School, and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not Tess than five percent (5 %) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty -five (45) calendar days after the day of the bid opening and the undersigned fails to execute the Sacajawea Middle School Safe Routes to School Public Works Contract and to provide the required certificate of insurance to the City, under the conditions thereof, within ten (10) calendar days after the Notice of Award; otherwise said Bid Security will be returned to the undersigned. Bond or Certified Check 0116( Dollars ($ / ?J qq (. 50 ) The Bidder shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. 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. 1 Date Issued: tr"?" 1— �P City of Federal Way Sacajawea Middle School SRTS RFB vcr. 4/16 Page 19 RFB # 16 -005 June 2016 Ided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Addendum No. _ Date Issued: Addendum No. _ Date Issued: Parma► -ers h p - LL-G Sou c{pdet66Co115iYkc -ham Cerperetion /Partnershipilfteividuai• Firm Name (Delete Two) So u.ki! PG g4a T ' Bidder's State License No. (003 - 10010 —`75 ? Bidder's State Tax No. City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Signature MmkO 1 hterthefr Title Page 20 RFB # 16 -005 June 2016 lded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Sacajawea Attachment C BID SCHEDULE CITY OF FEDERAL WAY Middle School Safe Routes to School ROADWAY IMPROVEMENTS All unit prices in Bid Schedule A shall include a PP licable sales tax. ITEM ITEM DESCRIPTION UNIT APPROX. UNIT PRICE AMOUNT NO. UNIT PRICE IN WORDS QUANTITY DOLLARS CENTS DOLLARS CENTS 1 Unexpected Site Change CALC 1 $10,000.00 $10,000.00 2 Construction Surveying LS 1 litOoo,00 3 As -Built Survey and Record Drawings LS 1 IOp0. 00 4 SPCC Plan LS 1 115oD, OD 5 Mobilization LS 1 68,000.00 6 Off -Duty Uniformed Police Officer FA 1 $2,000.00 14, 000.00 3loQ0,v0 (,5o0.00 Q,S,000.00 $2,000.00 7 Traffic Control Supervisor LS 1 ;,000.00 8 Flaggers and Spotters HR 500 00 9 Other Traffic Control Labor HR 120 (9)-.00 10 Other Temporary Traffic Control LS 1 1,000, 00 11 Construction Signs Class A SF 100 37.00 12 Business Access Sign EA 3 )00, 0 0 33,000.00 30,500 00 7,140:0 0 II)000 .00 2,700.00 1000.00 13 Clearing Limit Fence LF 500 4.00 14 Clearing and Grubbing LS 1 �zt5o0.o0 1, 000.00 13,50o, DO 15 Roadside Cleanup FA 1 $5,000.00 $5,000.00 16 Removal of Structure and Obstruction LS 1 1300 00 17 Remove Existing Catch Basin EA 1 450,00 18 Remove Existing Storm Sewer Pipe LF 80 $s 00 19 Sawcutting LF 1,800 00 20 Gravel Borrow Incl. Haul TN 200 30.00 21 Gravel Borrow for Trench Backfill Incl. Haul TN 400 .35, 0C) 22 Roadway Excavation Incl. Haul CY 800 50.00 23 Unsuitable Foundation Excavation Incl. Haul CY 80 33, 0 0 ),3oo,DO 0, bO 640.00 "%r X00, 00 il,,000, 00 `%000.O 1o00,0+ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 24 Crushed Surfacing Top Course TN 350 IS , 0 0 1 D 1 4,q, 00 , 00 25 Crushed Surfacing Base Course TN 430 40 `0 0 17, X00.00 26 HMA Cl. 1/2" PG 64 -22 TN 420 HO. O. 0 0 4t9;')-00.0o 27 Temporary Pavement TN 40 p.5-0. 0 D 10,000 , 0 0 27a Planing Bituminous Pavement SY 430 1 .0 0 1-)730, 00 28 Modular Block Wall SF 600 0 , 0 0 i g, 0 0 0 _ D C 29 Drain Pipe 6 Inch Diam. LF 80 24 7 0 0 170. b 0 30 Ductile Iron Storm Sewer Drain Pipe, 18 Inch Diam. LF 880 1 a7 00 1 I I 7 (00 00 31 Catch Basin Type 1L EA 8 l q 00.00 15 , a O 0. 00 32 Catch Basin Type 2, 48 Inch Diam. EA 2 )_ Lo o 0, OD ) )- 0 Or00 33 Adjust Existing Storm Drainage Structure EA 1 4f00. 00 <4_00. 0 0 34 Connection to Existing Drainage Structure EA 1 500.0 0 S-00, 0 0 35 Unit) ater Media Filter (Fllterra or Modular Wetland EA 3 g3, o o _ cs 0 (pqJ 000.00 36 Erosion Control and Water Pollution Prevention LS 1 ,Q, 000- 00 30)000,0c 37 Inlet Protection EA 5 1 0 0- 0 0 500, 0 38 Topsoil, Type A CY 65 /0 , o o 4530.0D 39 Bark Mulch CY 6 (b o, , o0 h 0 0 .00 40 Seeded Lawn Installation SY 300 )-.5 0 750 . 0 0 41 Sod Installation SY 380 15 . '0 0 5,, 7 b0 -00 42 PSIPE Acer x freemanii 'Jeffersred'/ Autumn Blaze Maple; 2.5" Cal., 12' -14' Ht. EA 23 75, 0J t !� , Q 43 Property Restoration FA 1 $5,000.00 $5,000.00 44 Root Barrier LF 370 S . 0 0 OM I (o0 . a D 45 Automatic Irrigation System Complete LS 1 ')3 DOD, 00 D-3,000.00 46 Lakehaven Utility District Connection Fees FA 1 $3,000.00 $3,000.00 47 Cement Conc. Curb & Gutter LF 910 as . 00 0j 0 a iD . 00 48 Cement Conc. Barrier Curb LF 30 40 , 00 1, a00, 00 49 Extruded Curb, Type 6 LF 210 ) ; • 00 d-1730 , 00 50 Raised Pavement Markers, Type 2 HD 3 '; 5 +0 .00 )050 -0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 51 Black Vinyl Coated Chain Link Fence Type 1 LF 340 31.00 I Q)5r 0 0 52 Cement Conc. Sidewalk SY 1,400 Z5.0 0 /Hi 000.00 53 Cement Conc. Curb Ramp EA 5 11 50, 00 g,75 0 ' 0 0 54 Detectable Waming Surface SF 50 35.00 1 , 75 0 • 0 55 Illumination System, Complete LS 1 I a b, 000.0D 111p, 000, 00 56 Signal Modifications, Complete LS 1 15/ ()DO, 00 45, 00 0, b 0 57 Permanent Signing LS 1 3,000, 00 q 000, 00 58 Paint Line LF 2,300 1, 00 ar 30 0, DO 59 Painted Bicycle Lane Symbol EA 3 15-, 0 0 A 5 0 D 60 Remove Pavement Markings LS 1 3, 000.. 0 0 3,00 0 , D 0 61 Potholing FA 1 $5,000.00 $5,000.00 62 Resolution of Utility Conflicts FA 1 $8,000.00 $8,000.00 TOTAL SCHEDULE A (bid items include sales tax) j79 ,'3o , O4 ATTACHMENT D: BID SIGNATURE PAGE Date: to - ` Ile The undersigned bidder hereby proposes and agrees to deliver the equipment and /or services pursuant to the Sacajawea Middle School Safe Routes to School project and comply with all other terms and conditions of the contract and bid documents of RFB 16 -005. No bidder may withdraw his /her bid for a period of ninety (90) days after the day of bid opening. 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 will be delivered to the City. The undersigned individual represents and warrants that he or she is dully authorized to execute the bid and all bid documents on behalf of any partnership, joint venture or corporation. PbtrIntf shtp C-erporation/Partnersh i p/ ividtrai (Delete Two) City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 25 SORtPaclficc uciloLC Company By: /flow/a& (cuic i p (Printed Name) Its: AAtaA a i t .. nio e (Title) Y0?- 157t 1 s4- cf . NM/'M Gt1 1.k. bar, WA q032- (Address) 953 — -- 005D (Telephone Number) RFB # 16 -005 June 2016 ro'ded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1vided ATTACHMENT E: BID BOND FORM Herewith find deposit in the form of a certified check, cashier's check, cash, or bid bond in the amount of $ , which amount is not Tess than five percent (5 %) of the total bid. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, Sound Pacific Construction, LLC , as Principal, and Developers Surety and Indemnity Company , as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the penal sum of Five Percent (5%) of the Total Amount Bid and /100 dollars ($ —5%-- ), for the payment of which the Principal and the Surety bond themselves, their heirs and executors, administrators, successors and assigns, jointly and severally, by these presents. The condition of this obligation is such that if the Obligee shall make any award to the Principal for: SACA)AWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL According to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with Surety or Sureties approved by the Obligee; or if the Principal shall in case of failure so to do, pay and forfeit to the Obligee the penal amount of the deposit specified in the call for bids, then this obligation shall be null and void; otherwise, it shall be, and remain in full force and effect, and the Surety shall forthwith pay and forfeit to the Obligee as penalty and liquidated damages, the amount of this bond. SIGNED, SEALED AND DATED THIS 23rd DAY OF June , 2016. Sound Paci D 011" traction, LLC Princi • - el • ers Surety and Inde nity pany Surety Eli beth ahn, Attorney- act Date: , 2016. Received return of deposit in the sum of $ City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 27 RFB # 16 -005 June 2016 to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale ATTACHMENT F: SUBCONTRACTOR LIST Local Agency Name OFF_ l Via Address 3 AVG S red eYal way, WA _ q 8bd3 -113 To Be Submitted with the Bid Proposal Project Name Sacs 1 a w c middle kh o o( S I 1 Local Agency Subcontractor List Prepared in compliance with RCW 39.30.060 as amended Failure to list subcontrac rs with whom the bidder, if awarded the contract, will directly subcontract for performance of the work of heating, ventllation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical, as described In Chapter 19.28 RCW or naming more than one subcontractor to perform the same work will result in your bid being non - responsive and therefore void. Subcontractor(s) with whom the bidder will directly subcontract that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18,106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. To the extent the Project includes one or more categories of work referenced in RCW 39.30.060. and no subcontractor Is listed below to perform such work the bidder certifies that the work will either (i1 b performed by the bidder Itself. or (11) be performed by a lower tier subcontractor who will not contract directitt with the bidder, Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed 14V ko Subcontractor Name p ��ech -i Inc electric 41 Nape Work to be Performed 1 [4 0 o. v_ P��rn��hc� Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed " Bidder's are notified that is the opinion of the enforcement agency that PVC or metal conduit, junction boxes, etc, are considered electrical equipment and therefore considered part of electrical work, even if the installation is for future use and no wiring or electrical current is connected during the project. SR City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 29 DOT Form 271.015A EF Revised 08/2012 RFB # 16 -005 June 2016 r ded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale c� City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 31 June 2016 RFB ver. 4/16 ATTACHMENT G: NON-COLLUSION DECLARATION & NOTICE TO ALL BIDDERS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTACHMENT H: DBE UTILIZATION CERTIFICATION Local Agency Disadvantaged Business Enterprise Utilization Certification To be Wig :_ for award of this contract te b'ddermustfill out and submit, as paatttf its ird prop3osal, the fcltowing Disadvantaged Business Enterprise Utit ®ton Certifcatto r&atngto Disadvantaged Buss Enterprise (DBE q. 'eve is. The Contacting Agency shall consider as non - responses and stall r ct any bid proposes gnat does not contain a DBE Certification which pmp! y demonstrates that tine b der vn1 eneet the DBE panic tiara requ nernents in one of the manners provided fru, in the proposed ccertract The Bader roust submit good faith effort olo ..Lmentakri only in evenrthe header's efforts to solicit sufficient DBE p arfcipation has been unsuccessful_ The sucoessful bidder's DisadvantageBusitess Enterprse Utilization Certification eta i be deemed a part of the result-7g contract Irtformadon aar certified firms is available tom OMWBE online at http:.rracy*nwbe. wiz. govidirectory- of- eertied- :5mes; Sound e (fi C COtriStr UC certifies that the Disadvantaged Business Ente p ise (13-BE) i Bar r' N.:-+e cf ear Firms Fisted below have been contacted regarding participation on this pact_ If this bidder is successful on this paced ald is awarded the contract it shall assure that subcont-acts or supp?y agreemergs are executed with those fins tfhere an'Asncunt to be Applied Towards Goal' is listed_ tiff necessary, use ad¢vonat sheet.) Cdtanrr 1 Name of DBE Certificate Number Cc urrn 2 * Project Role (Prints, Joint Venture. suaaontractor. ptarxsacttrer. ttegutar Dealer, Force Account) Calrann 3 Description of Work Column d Amount to be Applied Towards Goal I -bt3� CIPCtYiC the - subcrhfi-actvv elpch'Ica f1t18,7(4, .3 1 OF lQl21x.7 Ic2nas' o L t-C ,s► icootr-Ac.-b i- (450141f d eoMn� Qtwcu{h9 . 5o0.00 , bay a -35->7 3.EXpresssrori oo‹s, tile. f?k oh1-ractoit ceh0ln9 c0hi-rad}ar5 3a5, 00 DsnM fY)0'1q$l 4- 1, x4151ne ti'7-9 (Inc S(.t(oCooracf-pr SbixV eyI n j 4A0 $0. 00 An a_ t. 7. a. In_ Disa varrtaged Business Enterpese Subcontracting Goal: Rol 2 • egular Dealer Earat nlu6t ae apprinad Filar IP =Mini= by Lie c Th a of _dimi QF hurt!r, Weser. Slats Dep:. arTnarsponallrnr. on eaob comma " &ae the eecl on 'cre.iwng o8. PantoiF3tic1 'radiant Mes: ig tts vicar In Ithe comma Docufrt=_rE. '" Tine Ccntrac rig Again/ will at am as -zoom: to determine S her a not VIE baWet has rnet Me goat. In the r_•,pm or an am me rcr t -recce between this Inca and ttw sum or the Ina7vldua anmunts listed above, tire, the urn of Cite =outs itsMd shall email acrd the total wit be revised aematnTy. ParScI attar Ir. excess mane go amonrru aft be conslr ed ,,our= or rare -elE 11r. pa:.pam_ DBE Total $ 17g, 5dI 31, •�� For 3 City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 33 607 Finn - DSnA --0('.915 RFB # 16 -005 June 2016 rc�ded to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ATTACHMENT I: DBE WRITTEN CONFIRMATION DOCUMENT Local Agency Disadvantaged Business Enterprise (DBE) Written Confirmation Document As an authorized t'epresentative of the Disadvantaged Business Enterprise (DBE), I confirm that we �laV ..been_c_o laded b. y_theielerenced.birider_with regard .tattle _referenced project and rthe bidder is awarded the contract we will enter into an agreement with the bidder to participate in the project consistent with the Information provided in the bidder's Disadvantaged Business Enterprise Utilization Certification. Contract Title: SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL - CITY OF FEDERAL WAY Bidder's Business Name: Souha FQ,ci4 & CdnsIrvc-fi On, LLC DBEs Business Name: DBE ELECTRIC DBEs Business Address: PO BOX 9169, COVINGTON, WA 98042 DBE Signature: DBEs Tine: PRESIDENT Date: 6/23/16 The entries must be consistent with what is shown on the bidder's Disadvantaged Business Enterprise Utilization Certification. Failure to do so will result in bid rejection. See contract provision; Disadvantaged Business Enterpr %se Condition of Award Parfieipation. Description of Work: ELECTRICAL,- TRAFFIC SIGNAL & ILLUMINATION SYSTEMS Amount to be Applied Towards Goal: $148,716.36 SR City of Federal Way Sacajaweu Middle School SRTS RFB vier. 4/16 Page 35 DDT Form .?24 3 :A 1co.a1f RFB # 16 -005 June 2016 'Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com Always Verify Scale ATTACHMENT I: DBE WRITTEN CONFIRMATION DOCUMENT Local Agency Disadvantaged Business Enterprise (DBE) Written Confirmation Document As an authorized representative of the Disadvantaged Business Enterprise (DBE). I connrrn that we. have been contacted by the referenced bidder with regard to the referenced project and if the bidder is awarded the contract we willi enter into an agreement with the bidder to participate in the project consistent with the information provided in the bidder's Disadvantaged Business Enterprise Utilization Certification, Contract Title: CI Feorera I Wa/ SolCajciWeLl Middle 5\ciloof SRLS Bidder's Business Nanie: 01(ki d PP C 0 n stry c-ri 0 n DBE's Business Name: DBE's Business Address: DBE Signature: DBE's Tale: Date: tri• Nit' It (5 7 12 KZY (751-3 -33 1 1 -E--; (Ji The entries must be consistent with what is shown on the bidder's Disadvantaged 9usiness Enterprise Utilization Certification. Failure to do so will result in bid rejection. See contract provision; Dit3advaniaged 8(iaine,% Enterprie Coati/lion of Award Participatior: Description of Work: Amount -to be _Applied Towards Goal: City of Federal Way Sacajawc a Middle Scliool SRTS R.FB ver. 4/16 Pu g e 35 [YT Fornir2_2-13.J, IroDa I! Rill -4 16-005 June 2016 ovided Lo Builders Eirrrhanue of WA, Inc. For usage Conditions kireement see www.bxwa.com - Always Verify Scalc II ATTACHMENT I: DBE WRITTEN CONFIRMATION DOCUMENT Local Agency Disadvantaged Business Enterprise (DBE) Written Confirmation Document As an authorized representative of the Disadvantaged Business Enterprise (DBE),1 confirm that we have been contacted by the referenced bidder with regard to the referenced project and if the bidder is awarded the contract we will enter into an agreement with the bidder to participate in the project consistent with the information provided in the bidder's Dlsadvantac1ed i;3usiness Enterprise Utilization Certification. Contract Title: Sc._.-k S Bidder's Business Name: DBE's Business Name: X N'E? 4=j DBE's Business Address: DBE SiUnature- DBE's Title: Date: t`l (-pt a3 k' The entries must be consistent with what is shown on the bidder's Disadvantaged Business Enterprise Utilization Certification_ Failure to do so will result in bid rejection. See contract provision; Disadvantaged Business Enterprise Condition of Award Participation. '53 3 b lg - t=,e�c �► a.. a�;� ��s rVAA e Description of Work: 34.(190 ' Ce-rc e r■Sizt,kik -* Amount to be Applied Towards Goal: S. k4' SR City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 35 DOT POEM 422-i31,6, 1i1r41.5 iti;B # 16-005 June 2016 ATTACiiMENT I: DBE WRITTEN CONFIRMATION DOCUMENT Local Agency Disadvantaged Business Enterprise (DBE) Written Confirmation Document As an authorized representative of the Disadvantaged Business Enterprise (DBE), I confirm that we have been contacted by the referenced bidder with regard to the referenced project and tribe bidder is awarded the contract we WI enter into an agreement with the bidder to participate in the project consistent with the information provided in the tiler's Disadvantaged Bustness Erlterprise Utilization Certifications Contract Tide: Bidders Business Name: ,SoW14 Pa c i fi ConSfru C�l'o n L-L C- DBE's Business Name: bt3Upr,Q /.C" 14/se,464c ie6) -L2! DBEs Business Address: DBE Stare: 417 4-1 E fe Does Title:- './/c'! /F Date: ,/T3 The entries must be consistent with what is shown on the bidder's Disadvantaged Business Enterprise Utilization Certification. Failure to do so will result in bid rejection. See contract provision; Disadvantaged Business Enterprise Condit'on ofAword Participation. iron of Worts: V e 7 h Amount 10 be Applied Towards Goal: $. I DJ 980 0 0 City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 35 DOT Folm 442-031A 141015 RFB # 16 -005 June 2016 ovided to Builders Exchange of NA, Inc. For upage Conditions Agreement see www.bxwa.com Always Verify Scale I SOUND PACIFIC CONSTRUCTION LLC 3902 157TH STREET CT NW GIG HARBOR WA 98332 -9070 DETACH BEFORE POSTING 005631 STATE OF WASHINGTON BUSINESS LICENSE Domestic Limited Liability Company SOUND PACIFIC CONSTRUCTION LLC 3902 157TH STREET CT NW GIG HARBOR WA 98332 9070 TAX REGISTRATION INDUSTRIAL INSURANCE UNEMPLOYMENT INSURANCE Unified Business ID *: 603 606 758 ., Business ID *: 1 Location: 1 LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. This document lists the registrations, endorsements, and licenses authorized for the business amed above. By accepting thisdocument, the licensee certifies the information on the application as complete, true, and accurate to the best of his or her knowledge, and that business will be onducted in compliance with all applicable Washington state, county, and city regulations. Director, Departme nitiGgleK:AL) of Revenue Department of Labor and Industries PO Box 44450 Olympia, WA 98504-4450 SOUND PACIFIC CONS 3902 157TH ST CT NW GIG HARBOR WA 98332 SOUND PACIFIC CONSTRUCTION LLC Reg: CC SOUNDPC842J8 US 3- 606 - 58 Registered as provided by Law as: Construction Contractor (CCOI) - GENERAL 8/2016 4/28/2018 Cm,Pioy . Sec. Oepf # Si-Mc excis� t� # (p5; ? f5- -oo -a- l0; -(po (, -7sX 6/22/2016 1 1 1 Washington State Department of 1 4,,, Labor & Industries 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SOUND PACIFIC CONSTRUCTION LLC Search L &I SOUND PACIFIC CONSTRUCTION LLC Owner or tradesperson Principals Abplanalp, Thomas Monroe, PARTNER/MEMBER Abplanalp, Paije Marla, PARTNER /MEMBER Brunson, John Spencer, PARTNER /MEMBER Brunson, Perri Jo, PARTNER /MEMBER Doing business as SOUND PACIFIC CONSTRUCTION LLC WA UBI No. 603 606 758 3902 157th St Ct NW GIG HARBOR, WA 98332 253-649 -4996 PIERCE County Business type Limited Liability Company Governing persons JOHN BRUNSON PAIJE ABPLANALP; PARR! BRUNSON; THOMAS ABPLANALP; License Verify the contractor's active registration / license / certification (depending on trade) and any past violations. Active. Meets current requirements. Construction Contractor License specialties GENERAL License no. SOUNDPC842J8 Effective — expiration 04/28/2016— 04/28/2018 Bond North American Spec Ins Co Bond account no. 2211040 Received by L &I 04/28/2016 Insurance Security National Insurance Policy no. NA115561000 $12,000.00 Effective date 04/15/2016 Expiration date Until Canceled $1,000,000.00 Received by L &I Effective date 04/28/2016 04/27/2016 Expiration date I ttps:/ /secure.) ni.wa.gov/ verify /Detail.aspx ?UBI= 603606758&LIC =SOU NDPC842J8&SAW = 1/2 6/22/2016 1 1 1 1 1 1 1 1 SOUND PACIFIC CONSTRUCTION LLC 04/27/2017 Savings ............ No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&I tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees? If so, verify the business is up -to -date on workers' comp premiums. L &I Account ID 626,238 -00 Recently opened account. No premiums due yet. Doing business as SOUND PACIFIC CONSTRUCTION LLC Estimated workers reported N/A L &I account representative T4 / ALISON WOODWARD (360)902 -4629 - Email: WOAL2350Ini.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. I© Washington State Dept. of Labor & Industries. Use of this site is subject to the laws of the state of Washington. 1 1 1 1 1 1 1 1 1 I ittps: / /secure.lni.wa.gov/ verify /Detail.aspx ?UBI= 6036067588 ,LIC= SOUNDPC842J8&SAW= 2/2 ATTACHMENT 7: PUBLIC WORKS CONTRACT FOR SACAJAWEA MIDDLE SCHOOL SAFE ROUTES TO SCHOOL THIS PUBLIC WORKS CONTRACT ( "Contract ") is dated effective this day of 201 1 and is made by and between the City of Federal Way, a Washington munici al corporation ( "City or Owner "), and Sound Pacific Construction, LLC, a Washington limited liability company ( "Contractor'). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the Sacajawea Middle School Safe Routes to School project, located at Federal Way, Washington ( "Property"); and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ( "Parties ") 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 Sacajawea Middle School Safe Routes to School project, including without limitation: new asphalt concrete pavement, curb & gutters, sidewalks, drainage improvements, retaining walls, illumination, landscaping, signing, channelization and other work, ( "Work "). Said "Work" shall be in accordance with and as described in the Contract Documents, which include without limitation: The City's Request for Bid; Instructions to Bidders; General Contractual Terms and Conditions; Bid Form; Bid Schedule; Bid Signature Page; Bid Bond; Subcontractor List; Non - Collusion Declaration and Notice to All Bidders; Disadvantaged Business Enterprise Utilization Certification; Disadvantaged Business Enterprise Written Confirmation Document; Public Works Contract; Notice of Completion of Public Works Contract attached as Exhibit A; Contract Change Order Agreement attached as Exhibit B; Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit C; Certificate(s) of Insurance Form attached hereto as Exhibit D; Performance / Payment Bond attached hereto as Exhibit E; Title VI Assurances attached hereto as Exhibit F; Project Plans; 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction; Amendments to the Standard Specifications; Contract Special Provisions; Addenda and Change Orders; FHWA 1273 attached as Appendix A; Current Prevailing Wage Rates attached as Appendix B; WSDOT Standard Plans as Appendix C; Federal Way Standard Details attached as Appendix D; Geotechnical Report and Boring Logs attached as Appendix E; 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. 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 within 60 working days. 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 section 1 -08.9 of the 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction. 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." City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 37 RFB # 16 -005 May 2016 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 38 June 2016 RFB ver. 4/16 1.3 Liquidated Damages. Liquidated damages shall be calculated in accordance with section 1-08.9 of the 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction. 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. Changed Orders shall be in accordance with Section 1-04.4 of the 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction. 1.7 Work and Materials Omitted. Work and Materials Omitted shill be in accordance with Section 1-04.4 of the 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction. 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. 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 prior to acceptance of the Work. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 39 June 2016 RFB ver. 4/16 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed _______________________ and 00/100 Dollars ($ __________), 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. 5. EQUAL OPPORTUNITY EMPLOYER 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 shall 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 F. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 40 June 2016 RFB ver. 4/16 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. (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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 41 June 2016 RFB ver. 4/16 (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. 8. INDEMNIFICATION 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 42 June 2016 RFB ver. 4/16 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 $5,000,000 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. (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 “D,” 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 43 June 2016 RFB ver. 4/16 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 “E” 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 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 44 June 2016 RFB ver. 4/16 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 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 45 June 2016 RFB ver. 4/16 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 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. City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 46 June 2016 RFB ver. 4/16 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 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 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 47 June 2016 RFB ver. 4/16 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 Authority. 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 Project Engineer or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding subject to section 2-14 of the General Contractual Terms and Conditions. DATED the day and year set forth above. Signature Page Follows CITY OF FEDERAL WAY ATTEST: ty Ier , S phanie Courtney, CMC APPROVED AS TO FORM: City Attorney, L-1i14 STATE OF WASHINGTON ) ) ss. COUNTY OF im Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003 -6325 SOUND PACIFIC CONSTRUCTION, LLC By: Thomas A . • anaip, Managing Member 3902 157th St Ct NW Gig Harbor, WA 98332 (253) 444-0050 On this day personally appeared before me Thomas Abplanalp, to me known to be the Managing Member of Sound Pacific Construction LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this a day of -AA--LA , 20. �" RAf T4 ,, ��•g.••�9SIOry•a AA °e iu NOTARY let o r. 'i PUBLIC City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 5Dk-A XJCVf'J 1 (typed /printed name of notary) Notary Public in and for the State of Washington. My commission expires t (' r''7 Page 48 RFB # 16 -005 May 2016 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 51 June 2016 RFB ver. 4/16 EXHIBIT A: NOTICE OF COMPLETION City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 52 June 2016 RFB ver. 4/16 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 53 June 2016 RFB ver. 4/16 EXHIBIT B: CONTRACT CHANGE ORDER AGREEMENT _____________ ________________________ _________________ PROJECT CHANGE ORDER EFFECTIVE DATE NUMBER NUMBER __________________________________ _________________ PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: 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 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 QUANTITY 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 # 16-005 Sacajawea Middle School SRTS Page 54 June 2016 RFB ver. 4/16 DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT $_____ PREVIOUS CHANGE ORDERS $_____ THIS CHANGE ORDER $_____ *ADJUSTMENTS $_____ NEW CONTRACT AMOUNT $_____ ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY INCREASED $_____ DECREASED $_____ PAY THIS ADJUSTED AMOUNT $_____ ______________________________ DEPARTMENT DIRECTOR’S SIGNATURE EXHIBIT C: NOTICE OF NONDISCRIMINATION IN EMPLOYMENT TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS TO: ALL EMPLOYEES AND TO: L -&QOre" pFera AA ation 1 rteer5 , l 4yri5r rS (Name of Union or Organs The undersigned currently holds contract(s) with 0f V `W� Why involving funds or credit of the City of Federal Way, Washi�n or (a) subcontract(s) with a prime tY Y, 9 � O O P contractor holding such contract(s). 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 Sacajawea Middle School SRTS RFB ver. 4/16 Christine Mullen, P.E. City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 Page 53 �Cat,_4ki ? -e" ' G G0,45Yt"& " ' , (Contractor or subcontractor) Date RFB # 16 -005 May 2016 City of Federal Way RFB # 16-005 Sacajawea Middle School SRTS Page 57 June 2016 RFB ver. 4/16 EXHIBIT D: CERTIFICATE(S) OF INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE LTR ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL LABILITY X BK057443067 7/25/2016 7/25/2017 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY ' X JE LOC $ B AUTOMOBILE LIABILITY X BAS57443067 7/25/2016 7/25/2017 COMBINED SINGLE LIMIT 1,000,000 _ X ANY AUTO ODIccident) INJURY (Per person) $ $ ALL OWNED AUTOS HIRED AUTOS _� _ SCHEDULED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE X US057443067 7/25/2016 7/25/2017 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTIONS 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N / A BK057443067 ** WA Stop Gap 7/25/2016 7/25/2017 wc STATU- TORY LIMITS X ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1000,000 $ , DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job - Sacajawea Middle School Safe Routes to School SRTS- 0509(031) RFB No. 16 -005. The City, its officers, officials, employees, volunteers and agents are an additional insured and coverage is primary and non - contributory on the general liability, automobile, and excess liability policies per the attached endorsements /forms. 1 1 1 1 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 07/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Parker, Smith & Feek, Inc. 2233 112th Avenue NE Bellevue, WA 98004 INSURED Sound Pacific Construction, LLC 3902 157th St. Ct. NW Gig Harbor, WA 98332 CONTACT NAME: PHONE 425 - 709 -3600 (A /C No Ext): E -MAIL ADDRESS: FAX No): 425-709-7460 INSURERS) AFFORDING COVERAGE NAIC X INSURER A : The Ohio Casualty Insurance Co. INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : Ohio Security Insurance Company CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Avenue South Federal Way, WA 98003( SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SOUNPACI (TLJ01) 1 1 1 1 1 1 1 1 1 t BUSINESS AUTO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we ", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V - Definitions. CA 00 01 03 06 COVERAGE FORM SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that are covered "autos" for each of your cov- erages. The following numerical symbols de- scribe the "autos" that may be covered "autos ". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos ". A. Description Of Covered Auto Designation Symbols Symbol Description Of Covered Auto Designation Symbols 1 Any "Auto" 2 Owned "Autos" Only Only those "autos" you own (and for Liability Coverage any "trailers" you don't own while attached to power units you own.) This includes those "autos" you acquire ownership of after the policy begins. 3 Owned Private Passenger "Autos" Only Only the private passenger "autos" you own. This includes those private passenger "autos" you acquire ownership of after the policy begins. 4 Owned Only those "autos" you own that are not of the private passenger type "Autos" Other (and for Liability Coverage any "trailers" you don't own while attached Than Private to power units you own). This includes those "autos" not of the Passenger private passenger type you acquire ownership of after the policy begins. "Autos" Only 5 Owned "Autos" Subject To No -Fault Only those "autos" you own that are required to have No -Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire ownership of after the policy begins provided they are required to have No -Fault benefits in the state where they are licensed or principally garaged. 6 Owned "Autos" Subject To A Compulsory Uninsured Motorists Law Only those "autos" you own that because of the law in the state where they are licensed or principally garaged are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire ownership of after the policy begins provided they are subject to the same state uninsured motorists requirement. 7 Specifically Described "Autos" Only those "autos" described in Item Three of Declarations for which a premium charge is shown (and for Liability Coverage any "trailers" you don't own while attached to any power unit described in Item Three). 8 Hired "Autos" Only Only those "autos" you lease, hire, rent or borrow. This does not include any "auto" you lease, hire, rent, or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 1 of 13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Symbol Description Of Covered Auto Designation Symbols 9 Non -Owned Only those "autos" you do not own, lease, hire, rent or borrow that "Autos" are used in connection with your business. This includes "autos" owned Only by your "employees ", partners (if you are a partnership), members (if you are a limited liability company), or members of their households but only while used in your business or your personal affairs. 19 Mobile Equip- Only those "autos" that are land vehicles and that would qualify under the ment Subject definition of "mobile equipment" under this policy if they were not To Compul- subject to a compulsory or financial responsibility law or other sory Or motor vehicle insurance law where they are licensed or principally garaged. Financial Responsibility Or Other Motor Vehicle Insurance Law Only B. Owned Autos You Acquire After The Policy Begins 1. If symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage in ITEM TWO of the Declarations, then you have cov- erage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 7 is entered next to a coverage in ITEM TWO of the Declara- tions, an "auto" you acquire will be a covered "auto" for that coverage only if: a. We already cover all "autos" that you own for that coverage or it re- places an "auto" you previously owned that had that coverage; and b. You tell us within 30 days after you acquire it that you want us to cover it for that coverage. C. Certain Trailers, Mobile Equipment And Tem- porary Substitute Autos If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles are also covered "autos" for Liability Cov- erage: 1. "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto." 3. Any "auto" you do not own while used with the permission of its owner as a temporary substitute for a covered "auto" you own that is out of service because of its: a. b. c. Breakdown; Repair; Servicing; CA 00 01 03 06 d. "Loss "; or e. Destruction SECTION II - LIABILITY COVERAGE A. Coverage We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, mainten- ance or use of a covered "auto." We will also pay all sums an "insured" le- gally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of cov- ered "autos." However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident." We have the right and duty to defend any "insured" against a "suit" asking for such damages or a "covered pollution cost or ex- pense". However, we have no duty to defend any "insured" against a "suit" seeking dam- ages for "bodily injury" or "property dam- age" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to defend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by payment of judgments or settlements. 1. Who Is An Insured The following are "insureds ": a. You for any covered "auto." b. Anyone else while using with your permission a covered "auto" you own, hire or borrow except: ©ISO Properties, Inc., 2005 Page 2 of 13 (1) The owner or anyone else from whom you hire or borrow a cov- ered "auto ". This exception does not apply if the covered "auto" is a "trailer" connected to a cov- ered "auto" you own. (2) Your "employee" if the covered "auto" is owned by that "em- ployee" or a member of his or her household. Someone using a covered "auto" while he or she is work- ing in a business of selling, ser- vicing, repairing, parking or storing "autos" unless that busi- ness is yours. (4) Anyone other than your "em- ployees", partners (if you are a partnership), members (if you are a limited liability company), or a lessee or borrower or any of their "employees ", while moving property to or from a covered "auto ". A partner (if you are a partner- ship), or a member (if you are a limited liability company), for a covered "auto" owned by him or her or a member of his or her household. (3) (5) c. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. 2. Coverage Extensions a. Supplementary Payments. We will pay for the "insured ": (1) All expenses we incur. (2) Up to $2,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (3) The cost of bonds to release at- tachments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $250 a day because of time off from work. (5) CA 00 01 03 06 All costs taxed against the "in- sured" in any "suit" against the "insured" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" against the "insured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insur- ance. These payments will not reduce the Limit of Insurance. b. Out of State Coverage Extensions. While a covered "auto" is away from the state where it is licensed we will: (1) Increase the Limit of Insurance for Liability Coverage to meet the limits specified by a compul- sory or financial responsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or property. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out - of -state vehicles by the jurisdic- tion where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. B. Exclusions This insurance does not apply to any of the following: 1. Expected Or Intended Injury "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "insured ". 2. Contractual Liability assumed under any contract or agreement. But this exclusion does not apply to li- ability for damages: a. Assumed in a contract or agreement that is an "insured contract" pro- vided the "bodily injury" or "prop- erty damage" occurs subsequent to the execution of the contract or agreement; or ©ISO Properties, Inc., 2005 Page 3 of 13 b. That the "insured" would have in the absence of the contract or agree- ment. 3. Workers' Compensation Any obligation for which the "insured" or the "insured's" insurer may be held liable under any workers' compensation, disability benefits or unemployment com- pensation law or any similar law. 4. Employee Indemnification And Employ- er's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employement by the "insured "; or (2) Performing the duties related to the conduct of the "insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a con- sequence of Paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily injury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "insured" under an "insured contract ". For the purposes of the Coverage Form, a domestic "employee" is a person en- gaged in household or domestic work performed principally in connection with a residence premises. 5. Fellow Employee "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" em- ployment or while performing duties re- lated to the conduct of your business. CA 00 01 03 06 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insured's" care, cus- tody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. Handling Of Property "Bodily injury" or "property damage" re- sulting from the handling of property: a. Before it is moved from the place where it is accepted by the "insured" for movement into or onto the cov- ered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured ". 8. Movement Of Property By Mechanical Device "Bodily injury" or "property damage" re- sulting from the movement of property by a mechanical device (other than a hand truck) unless the device is attached to the covered "auto ". 9. Operations "Bodily injury" or "property damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mo- bile equipment "; or b. Machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the defini- tion of "mobile equipment" if it were not subject to a compulsory or finan- cial responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been completed or abandoned. In this exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment fur- nished in connection with such work or operations. ©ISO Properties, Inc., 2005 Page 4 of 13 Your work includes warranties or repre- sentations made at any time with respect to the fitness, quality, durability or per- formance of any of the items included in Paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. (2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub- contractor working on the same pro- ject. Work that may need service, main- tenance, correction, repair or replacement, but which is otherwise complete, will be treated as complet- ed. 11. Pollution "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollu- tants": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for move- ment into, onto or from, the cov- ered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured"; or Being stored, disposed of, treat ed or processed in or upon the covered "auto "; b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the cov- ered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured ". (3) CA 00 01 03 06 Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gas- es or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equipment ". Paragraphs b. and c. above of this exclu- sion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, overturn or damage. 12. War "Bodily injury" or "property damage" arising directly or indirectly out of: a. War, including undeclared or civil war; b. Warlike action by a military force, including action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or C. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. @ISO Properties, Inc., 2005 Page 5 of 13 13. Racing Covered "autos" while used in any pro- fessional or organized racing or demoli- tion contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of Insurance Regardless of the number of covered "autos ", "insureds ", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for the total of all damages and "covered pollution cost or ex- pense" combined, resulting from any one "accident" is the Limit of Insurance for Liabil- ity Coverage shown in the Declarations. All "bodily injury," "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be con- sidered as resulting from one "accident ". No one will be entitled to receive duplicate payments for the same elements of "loss" under this Coverage Form and any Medical Payments Coverage Endorsement, Uninsured Motorists Coverage Endorsement or Underin- sured Motorists Coverage Endorsement at- tached to this Coverage Part. SECTION ill - PHYSICAL DAMAGE COVERAGE A. Coverage 1. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with another object; or (2) The covered "auto's" overturn. b. Specified Causes of Loss Coverage. Caused by: (1) (2) (3) (4) (5) (6) Fire, lightning or explosion; Theft; Windstorm, hail or earthquake; Flood; Mischief or vandalism; or The sinking, burning, collision or derailment of any conveyance transporting the covered "auto ". c. Collision (1) (2) CA 00 01 03 06 Coverage. Caused by: The covered "auto's" collision with another object; or The covered "auto's" overturn. @ISO Properties, 2. Towing. We will pay up to the limit shown in the Declarations for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. 3. Glass Breakage - Hitting a Bird or Ani- mal - Falling Objects or Missiles. If you carry Comprehensive Coverage for the damaged covered "auto ", we will pay for the following under Comprehen- sive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal; and c. "Loss" caused by falling objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" collision or overturn considered a "loss" under Collision Coverage. 4. Coverage Extensions a. Transporation Expenses We will pay up to $20 per day to a maximum of $600 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private pas- senger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Speci- fied Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the poli- cy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "in- sured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, un- der a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Com- prehensive Coverage is provided for any covered "auto"; Inc., 2005 Page 6 of 13 1 1 1 1 1 1 1 1 1 1 1 (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Cov- erage is provided for any cov- ered "auto; or Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto ". However, the most we will pay for any expenses for Toss of use is $20 per day, to a maximum of $600. (3) B. Exclusions 1. We will not pay for "loss" caused by or resulting from any of the following. Such "loss" is excluded regardless of any oth- er cause or event that contributes con- currently or in any sequence to the "loss ". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fu- sion; or (2) Nuclear reaction or radiation, or radioactive contamination, how- ever caused. b. War or Military Action. (1) War, including undeclared or civ- il war; (2) Warlike action by a military force, including action in hinder- ing or defending against an ac- tual or expected attack, by any government, sovereign or other authority using military person- nel or other agents; or Insurrection, rebellion, revolu- tion, usurped power or action taken by governmental authority in hindering or defending against any of these. 2. We will not pay for "loss" to any cov- ered "auto" while used in any profes- sional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any cov- ered "auto" while that covered "auto" is being prepared for such a contest or ac- tivity. (3) CA 00 01 03 06 3. We will not pay for "loss" caused by or resulting from any of the following un- less caused by other "loss" that is cov- ered by this insurance: a. Wear and tear, freezing, mechanical or electrical break- down. b. Blowouts, punctures or other road damage to tires. 4. We will not pay for "loss" to any of the following: a. Tapes, records, discs or other similar audio, visual or data electronic de- vices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to de- tect speed measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed measurement equipment. c. Any electronic equipment, without regard to whether this equipment is permanently installed, that receives or transmits audio, visual or data signals and that is not designed sole- ly for the reproduction of sound. d. Any accessories used with the elec- tronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to: a. Equipment designed solely for the reproduction of sound and accesso- ries used with such equipment, pro- vided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss ", and such equip- ment is designed to be solely op- erated by use of the power from the "auto's" electrical system, in or upon the covered "auto "; or b. Any other electronic equipment that is: (1) Necessary for the normal opera- tion of the covered "auto" or the monitoring of the covered "auto's" operating system; or @ISO Properties, Inc., 2005 Page 7 of 13 C. (2) An integral part of the same unit housing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto" normally used by the manufacturer for in- stallation of a radio. 5. We will not pay for "loss" to a covered "auto" due to "diminution in value ". Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damag- ed or stolen property as of the time of the "loss "; or b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality. 2. An adjustment for depreciation and phys- ical condition will be made in determining actual cash value in the event of a total "loss ". 3. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the betterment. D. Deductible For each covered "auto ", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the ap- plicable deductible shown in the Declara- tions. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or light- ning. SECTION IV - BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions 1. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss ", either may demand an appraisal of the "loss ". In this event, each party will select a competent appraiser. The two appraisers will select a competent and impartial umpire. The appraisers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will: CA 00 01 03 06 a. Pay its chosen appraiser; and b. Bear the other expenses of the ap- praisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. Duties In The Event Of Accident, Claim, Suit Or Loss We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss ". Include: (1) How, when and where the "ac- cident" or "loss" occurred; (2) The "insured's" name and ad- dress; and To the extent possible, the names and addresses of any in- jured persons and witnesses. b. Additionally, you and any other in- volved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any request, demand, order, no- tice, summons or legal paper re- ceived concerning the claim or "suit". (3) (3) Cooperate with us in the inves- tigation or settlement of the claim or defense against the "suit ". (4) Authorize us to obtain medical records or other pertinent infor- mation. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reason- ably require. c. If there is "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. ®ISO Properties, Inc., 2005 Page 8 of 13 (2) Take all reasonable steps to pro- tect the covered "auto" from fur- ther damage. Also keep a record of your expenses for consider- ation in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or dis- position. (4) Agree to examinations under oath at our request and give us a signed statement of your an- swers. 3. Legal Action Against Us No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all the terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this poli- cy to bring us into an action to deter- mine the "insured's" liability. 4. Loss Payment - Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or stolen property; b. Return the stolen property, at our ex- pense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. If we pay for the "loss ", our payment will include the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Us If any person or organization to or for whom we make payment under this Cov- erage Form has rights to recover dam- ages from another, those rights are transferred to us. That person or organi- zation must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. B. General Conditions 1. Bankruptcy Bankruptcy or insolvency of the "in- sured" or the "insured's" estate will not relieve us of any obligations under this Coverage Form. 2. Concealment, Misrepresentation Or Fraud This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured ", at any time, intentionally conceal or misrepresent a material fact concerning: a. This Coverage Form; b. The covered "auto"; c. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. Liberalization If we revise this Coverage Form to pro- vide more coverage without additional premium charge, your policy will auto- matically provide the additional coverage as of the day the revision is effective in your state. 4. No Benefit To Bailee - Physical Damage Coverages We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regard- less of any other provision of this Cov- erage Form. CA 00 01 03 06 @ISO Properties, Inc., 2005 Page 9 of 13 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance pro- vided by this Coverage Form is ex- cess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is con- nected to another vehicle, the Liabil- ity Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". c. Regardless of the provisions of Para- graph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract ". d. When this Coverage Form and any other Coverage Form or policy cov- ers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. 6. Premium Audit a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have when this policy began. We will compute the final premium due when we determine your actual ex- posures. The estimated total premi- um will be credited against the final premium due and the first Named Insured will be billed for the balance, if any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a re- fund. b. If this policy is issued for more than one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums in effect at the beginning of each year of the policy. 7. Policy Period, Coverage Territory Under this Coverage Form, we cover "ac- cidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; d. Canada; and e. Anywhere in the world if: (1) A covered "auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 30 days or less; and (2) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the Unit- ed States of America, the ter- ritories and possessions of the United States of America, Puerto Rico, or Canada or in a settle- ment we agree to. We also cover "loss" to, or "accidents" involving, a covered "auto" while being transported between any of these places. 8. Two Or More Coverage Forms Or Poli- cies Issued By Us If this Coverage Form and any other Cov- erage Form or policy issued to you by us or any company affiliated with us apply to the same "accident ", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifi- cally to apply as excess insurance over this Coverage Form. CA 00 01 03 06 ©ISO Properties, Inc., 2005 Page 10 of 13 1' 1 1 1 1 1,0 1 1 1 1 1 1 SECTION V - DEFINITIONS A. "Accident" includes continuous or repeated exposure to the same conditions resulting in "bodily injury" or "property damage ". B. "Auto" means; 1. A land motor vehicle, "trailer" or semi- trailer designed for travel on public roads; or 2. Any other land vehicle that is subject to a compulsory or financial responsbility law or other motor vehicle insurance law where it is licensed or principally ga- raged. However, "auto" does not include "mobile equipment ". C. "Bodily injury" means bodily injury, sickness or disease sustained by a person including death resulting from any of these. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any "in- sured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants "; or 2. Any claim or "suit" by or on behalf of a governmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detox- ifying or neutralizing, or in any way re- sponding to or assessing the effects of "pollutants ". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ": a. That are, or that are contained in any property that is: (1) Being transported or towed by, handled, or handled for move- ment into, onto or from the cov- ered "auto "; (2) Otherwise in the course of transit by or on behalf of the "insured"; Being stored, disposed of, treat- ed or processed in or upon the covered "auto "; or D. (3) CA 00 01 03 06 b. Before the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the place where they are accepted by the "in- sured" for movement into or onto the covered "auto "; or c. After the "pollutants" or any prop- erty in which the "pollutants" are contained are moved from the cov- ered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured." Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gas- es or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or its parts, if: (1) The "pollutants" escape, seep, migrate, or are discharged, dis- persed or released directly from an "auto" part designed by its manufacturer to hold, store, re- ceive or dispose of such "pollu- tants"; and (2) The "bodily injury," "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in Paragraphs 6.b. or 6.c. of the definition of "mobile equipment." Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pol- lutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto "; and (2) The discharge, dispersal, seep- age, migration, release or escape of the "pollutants" is caused di- rectly by such upset, overturn or damage. ©ISO Properties, Inc., 2005 Page 11 of 13 E. "Diminution in value" means the actual or perceived Toss in market value or resale val- ue which results from a direct and accidental "loss ". F. "Employee" includes a "leased worker ". "Employee" does not include a "temporary worker". G. "Insured" means any person or organization qualifying as an insured in the Who Is An Insured provision of the applicable coverage. Except with respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: 1. A lease of premises; 2. A sidetrack agreement; 3. Any easement or license agreement, ex- cept in connection with construction or demolition operations on or within 50 feet of a railroad; 4. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. That part of any other contract or agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third person or organization. Tort liabil- ity means a liability that would be im- posed by law in the absence of any contract or agreement. 6. That part of any contract or agreement entered into, as part of your business, pertaining to the rental of lease, by you or any of your "employees ", of any "auto." However, such contract or agree- ment shall not be considered an "insured contract" to the extent that it obligates you or any of your "employees" to pay for "property damage" to any "auto" re- nted or leased by you or any of your "employees ". An "insured contract" does not include that part of any contract or agreement: CA 00 01 03 06 a. That indemnifies a railroad for "bod- ily injury" or "property damage" arising out of construction or demoli- tion operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employees ", if the "auto" is loaned, leased or rented with a driv- er; or c. That holds a person or organization engaged in the business of transport- ing property by "auto" for hire harm- less for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. I. "Leased worker" means a person leased to you by a labor leasing firm under an agree- ment between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not in- clude a "temporary worker ". J. "Loss" means direct and accidental loss or damage. K. "Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- pally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self - propelled or not, maintained primarily to provide mobility to permanently mounted: a. Power cranes, shovels, loaders, dig- gers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers. ©ISO Properties, Inc., 2005 Page 12 of 13 5. Vehicles not described in Paragraphs 1., 2., 3., or 4. above that are not self -pro- pelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: a. Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in Paragraphs 1., 2., 3. or 4. above maintained primarily for purposes other than the transporta- tion of persons or cargo. However, self - propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not con- struction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generEtors, including spraying, weld- ing, building cleaning, geophysical exploration, lighting or well servicing equipment. However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos ". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als to be recycled, reconditioned or re- claimed. M. "Property damage" means damage to or Toss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodily injury" or "property damage "; or 2. A "covered pollution cost or expense ", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolu- tion proceeding in which such dam- ages or "covered pollution costs or expenses" are claimed and to which the insured submits with our con- sent. O. "Temporary worker" means a person who is furnished to you to substitute for a perma- nent "employee" on leave or to meet sea- sonal or short-term workload conditions. P. "Trailer" includes semitrailer. CA 00 01 03 06 @ISO Properties, Inc., 2005 Page 13 of 13 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COMMERCIAL AUTO CA88100110 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR — WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN / LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE — ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II — LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self- insured retention plan available to that organization; CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 1 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee ". An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee ". g. 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto ", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured ". However, such person or organization is an "insured ": (1) Only with respect to the operation, maintenance or use of a covered "auto "; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earnings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION 111 — PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos ": a. You hire, rent or borrow; or CA88100110 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss "; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. D. Subject to a maximum of $750 per "accident ", we will also cover the actual loss of use of the hired "auto" if it results from an "accident ", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee ". For the purposes of this provision, SECTION V — DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III — PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $50 per disablement. b. For "light trucks ", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 — 20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500 ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss ", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto ". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V — DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 4 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto "; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 14. LOAN / LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total Toss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss" b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a "Balloon Loan ", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto ", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto ", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss ". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss ". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V — DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office, with its permission. Page 5 of 7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 15. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to 'loss" caused by collision to such covered "auto" of the private passenger type or Tight weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured "; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident ", claim, "suit" or "loss ", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident" or 'loss" took place; (2) The "insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss ", our rights are waived also. CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit ", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V — DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V — DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.— CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. CA 88 10 01 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, with its permission. Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG 88 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 7 7 7 7 7 8 8 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the Toss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section 1— Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: CG 88 10 04 13 (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 1 1 1 1 1 1 1 1 1 1 1 1 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section 111 — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an 'occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 - Who Is An Insured is replaced with the following: (1) CG 88 10 04 13 "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 COMMERCIAL UMBRELLA COVERAGE FORM There are provisions in this policy that restrict coverage. Read the entire policy carefully to deter- mine rights, duties and what is and is not cov- ered. Throughout this policy, the words "you" and "your" refer to the Named Insured as defined in Insuring Agreement, V. DEFINITIONS. The words "we," "us" and "our refer to the Company pro- viding this insurance. The word "Insured" means any person or organization qualifying as such in I. COVERAGE 1i. CU 60 02 06 97 Insuring Agreement, V. DEFINITIONS. Words and phrases that appear in quotation marks have spe- cial meaning and can be found in the DEFINITION Section or the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Dec- larations we agree with you to provide coverage as follows: INSURING AGREEMENTS We will pay on behalf of the "Insured" those sums in excess of the "Retained Limit" that the "Insured" becomes legally obligated to pay by reason of liability imposed by law or assumed by the "Insured" under an "insured contract" because of "bodily injury," "property damage," "personal injury," or "advertising injury" that takes place during the Policy Pe- riod and is caused by an "occurrence" hap- pening anywhere. The amount we will pay for damages is limited as described below in the Insuring Agreement Section 11. LIMITS OF IN- SURANCE. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 4. of the Declarations and the rules below state the most we will pay regardless of the number of: 1. "Insureds "; 2. "claims" made or "suits" brought; or 3. persons or organizations making "claims" or bringing "suits." B. The General Aggregate Limit is the most we will pay for all damages covered under the Insuring Agreement in Section I., ex- cept: CU 60 02 06 97 (Page 1 of 15) 1. damages included in the "products - completed operations hazard "; and 2. coverages included in the policies list- ed in the Schedule of Underlying Insur- ance to which no underlying aggregate limit applies. The amount stated on the Declarations as the General Aggregate Limit is the most we will pay for all damages arising out of any "bodily injury," "property damage," "personal injury," or "advertising injury" subject to an aggregate limit in the "un- derlying insurance." The General Aggre- gate Limit applies separately and in the same manner as the aggregate limits in the "underlying insurance." C. The Products - Completed Operations Ag- gregate Limit is the most we will pay for all damages included in the "products - completed operations hazard." D. Subject to B. or C. in Section II. LIMITS OF INSURANCE, whichever applies, the Each Occurrence Limit is the most we will pay for "bodily injury," "property damage," 1 1 1 1 1 1 1 1 1 1 1 1 1 "personal injury," or "advertising injury" covered under the Insuring Agreement in Section I. because of all "bodily injury," "property damage," "personal injury," or "advertising injury" arising out of any one "occurrence." E. If the applicable Limits of Insurance of the policies listed in the Schedule of Under- lying Insurance or of other insurance pro- viding coverage to the "Insured" are re- duced or exhausted by actual payment of one or more "claims," subject to the terms and conditions of this policy, we will: 1. in the event of reduction, pay in excess of the reduced underlying Limits of In- surance, or; 2. in the event of exhaustion, continue in force as "'underlying insurance," but for no broader coverage than is avail- able under this policy. F. The Limits of Insurance of this policy ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the begin- ning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for pur- poses of determining the Limits of Insur- ance. G. Retained Limit We will be liable only for that portion of damages, subject to the Each Occurrence Limit stated in the Declarations, in excess of the "retained limit," which is the great- er of: 1. the total amounts stated as the ap- plicable limits of the underlying poli- cies listed in the Schedule of Under- lying insurance and the applicable lim- its of any other insurance providing coverage to the "Insured" during the Policy Period; or 2. the amount stated in the Declarations as Self- Insured Retention as a result of any one "occurrence" not covered by the underlying policies listed in the Schedule of Underlying Insurance nor by any other insurance providing cov- erage to the "Insured" during the Poli- cy Period; and then up to an amount not exceeding the Each Occurrence Limit as stated in the Declarations. Once the Setf- Insured Retention has been exhausted by actual payment of "claims" in full by the "Insured," the Self - Insured Retention will not be reapplied or again payable by the "Insured" for said Policy Period. 01. DEFENSE A. We will have the right and duty to investi- gate any "claim" and defend any "suit" seeking damages covered by the terms and conditions of this policy when: CU 60 02 06 97 (Page 2 of 15) 1. the applicable Limits of Insurance of the underlying policies listed in the Schedule of Underlying Insurance and the Limits of Insurance of any other insurance providing coverage to the "Insured" have been exhausted by ac- tual payment of "claims" for any "oc- currence" to which this policy applies; or 2. damages are sought for any "occur- rence" which is covered by this policy but not covered by any underlying policies listed in the Schedule of Un- derlying Insurance or any other insur- ance providing coverage to the "In- sured." B. When we assume the defense of any "claim" or "suit": 1. We will investigate any "claim" and defend any "suit" against the "In- sured" seeking damages on account of any "occurrence" covered by this poli- cy. We have the right to investigate, defend and settle the "claim" or "suit" as we deem expedient. 2. All expenses we incur in the investiga- tion of any "claim" or defense of any "suit" are in addition to our Limits of Insurance. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 MOM MENIEBEI MINIEEIS 3. We will pay the following as expenses, to the extent that they are not included in the coverage in the underlying poli- cies listed in the Schedule of Under- lying Insurance or in any other insur- ance providing coverage to the In- sured": a. premiums on bonds to release at- tachments, which bond amounts will not exceed our Limits of In- surance, but we are not obligated to apply for or furnish any such bond; b. premiums on appeal bonds, which bond amounts will not ex- ceed our policy limits, required by law to appeal any "claim" or "suit" we defend, but we are not obhgated to apply for or furnish any such bond; c. all costs taxed against the "In- sured" in any "claim" or "suit" we defend; d. pre- judgment interest awarded against the Insured" on that part of the judgment we pay that is within our applicable Limits of In- surance. If we make an offer to pay the applicable Limits of Insur- ance, we will not pay any pre- judgment interest based on the period of time after the offer; e. all interest that accrues after entry of judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within our applicable Limit of Insurance; 1. the "Insured's" actual and reason- able expenses incurred at our re- quest. C. We will not investigate any "claim" or de- fend any "suit" after our applicable Limits of Insurance have been exhausted by pay- ment of judgments or settlements_ D. In all other instances except Subsection A. in Section 111. DEFENSE, we will not be obligated to assume charge of the inves- tigation, settlement or defense of any "claim" or "suit" against the "Insured." We will, however, have the right and will be given the opportunity to participate in the settlement, defense and trial of any "claim" or "suit" relative to any "occur- rence" which, in our opinion, may create liability on our part under the terms of this policy. If we exercise such right, we will do so at our own expense. IV. EXCLUSIONS This insurance does not apply to: A. "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the "Insured." This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect persons or property. B. Any obligation of the "Insured" under a Workers Compensation, Unemployment Compensation or Disability Benefits Law, or under any similar law, regulation or ordinance. C. Any obligation of the "Insured" under the Employee Retirement Income Security Act of 1974 or any amendments to that act, or under any similar law, regulation or ordi- nance. D. Any obligation of the "Insured" under a No Fault, Uninsured Motorist or Underin- sured Motorist law, or under any similar law, regulation or ordinance. CU60020697 (Page 3of 15) E. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: 1. a defect, deficiency, inadequacy or dangerous condition in your product" or your work "; or 2. a delay or failure by you or anyone acting on your behalf to perform a con- tract or agreement in accordance with its terms. This exclusion does not apply to the Toss of use of other property arising out of sudden and accidental physical injury to "your product" or your work" after it has been put to its intended use. F. "Property damage" to "your product" aris- ing out of it or any part of it. G. "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations haz- ard." This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 1. your product "; 2. your work "; or 3. "impaired property" if such product, work or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. I. "Property damage" to property owned by the "Insured." J. "Personal injury" or "advertising injury": 1. arising out of oral, written, televised, videotaped, or electronic publication of material, if done by or at the direction of the Insured" with knowledge of its falsity; 2. arising out of oral, written, televised, videotaped, or electronic publication of material whose first publication took place before the beginning of the poli- cy period; 3. arising out of the willful violation of a penal statute or ordinance committed by or with consent of the "Insured "; or 4. for which the "Insured" has assumed liability in a contract or agreement. This exclusion does not apply to liabil- ity for CU 60 02 06 97 damages that the "Insured" would have in the absence of the contract or agreement. K. "Advertising injury" arising out of: (Page 4 of 15) 1. breach of contract, other than misap- propriation of advertising ideas under an implied contract; 2. the failure of goods, products or ser- vices to conform with advertised qual- ity or performance; 3. the wrong description of the price of goods, products or services; or 4. an offense committed by an "Insured" whose business is advertising, broad- casting, publishing or telecasting. L. Any liability, including but not limited to settlements, judgments, costs, charges, ex- penses, costs of investigations, or the fees of attorneys, experts, or consultants, aris- ing out of or in any way related to: 1. The actual, alleged or threatened pres- ence, discharge, dispersal, seepage, migration, release, or escape of "pollu- tants," however caused. 2. Any request, demand or order that any "Insured" or others test for, monitor, clean -up, remove, contain, treat, de- toxify, neutralize or in any way re- spond to or assess the effects of "pol- lutants." This includes demands, direc- tives, complaints, "suits," orders or re- quests brought by any governmental entity or by any person or group of persons. 3. Steps taken or amounts incurred by a govemmental unit or any other person or organization to test for, monitor, clean -up, remove, contain, treat, de- toxify or neutralize or assess the ef- fects of "pollutants." This exclusion will apply to any liability, costs, charges, or expenses, or any judg- ments or settlements, arising directly or indirectly out of pollution whether or not the pollution was sudden, accidental, grad- ual, intended, expected, unexpected, pre- ventable or not preventable. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EERIE OISMU 8 MEM As used in this exclusion "pollutants" means any solid, liquid, gaseous, or ther- mal irritant or contaminant, including, but not limited to smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste ma- terial. Waste material includes materials which are intended to be or have been recycled, reconditioned or reclaimed. M. "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolu- tion. This exclusion applies only to liability assumed under a contract or agreement. N. Any liability, including, but not limited to settlements, judgments, costs, charges, ex- penses, costs of investigations, or the fees of attorneys, experts, or consultants aris- ing out of or related in any way, either directly or indirectly, to: 1. asbestos, asbestos products, asbestos - containing materials or products, as- bestos fibers or asbestos dust, includ- ing, but not limited to, manufacture, mining, use, sale, installation, removal, or distribution activities, 2. exposure to testing for, monitoring of, cleaning up, removing, containing or treating of asbestos, asbestos pro- ducts, asbestos- containing materials or products, asbestos fibers or asbestos dust; or 3. any obligation to investigate, settle or defend, or indemnify any person against any "claim" or "suit" arising out of, or related in any way, either directly or indirectly, to asbestos, as- bestos products, asbestos - containing materials or products, asbestos fibers or asbestos dust. 0. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" aris- ing out of any: 1. refusal to employ or promote; 2. termination of employment; CU 60 02 06 97 (Page 5 of 15) 3. coercion, demotion, evaluation, reas- signment, discipline, defamation, ha- rassment, molestation, humiliation, discrimination or other employment re- lated practices, policies, acts or omis- sions; or 4. consequential "bodily injury," "proper- ty damage," "personal injury" or "ad- vertising injury" as a result of 0.1. through 0.3. This exclusion applies whether the "In- sured" may be held liable as an employer or in any other capacity and to any obliga- tion to share damages with or to repay someone else who must pay damages be- cause of "bodily injury," "property dam- age," "personal injury" or "advertising in- jury." P. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" ex- cluded by the Nuclear Energy Liability Ex- clusion attached to this Policy. Q. The following Items 1. through 4., except to the extent that such insurance is pro- vided by a policy listed in the Schedule of Underlying Insurance, and for no broader coverage than is provided by such policy: 1. Liability of any employee with respect to "bodily injury," "property damage," "personal injury" or "advertising in- jury" to you or to another employee of the same employer injured in the course of such employment. 2. "Bodily injury" or "property damage" arising out of the ownership, mainten- ance, operation, use, "loading" or "un- loading" of any watercraft, if such watercraft is owned, or chartered with- out crew, by or on behalf of any "In- sured." This exclusion will not apply to watercraft while ashore on any prem- ises owned by, rented to, or controlled by you. 3. "Bodily injury" or "property damage" arising out of the ownership, mainten- ance, operation, use, "loading" or "un- loading" of any aircraft, if such aircraft is owned, or hired without pilot or crew, by or on behalf of any "Insured." 4. "Bodily injury" to: a. an employee of any "Insured" arising out of and in the course of: 1 employment by any "In- sured"; or i1 performing duties the conduct of sured's" business; related to any "In- or b. the spouse, child, parent, brother or sister of that employee as a consequence of Paragraph 4.a. This exclusion applies: a. whether any "Insured" may be liable as an employer or in any other capacity; and b. to any obligation to share dam- ages with or repay someone else who must pay damages because of the injury. V. DEFINITIONS A. "Advertising injury" means injury arising solely out of advertising activities of any "Insured" as a result of one or more of the following offenses during the policy pe- riod: 1. oral, written, televised, videotaped, or electronic publication of material that slanders or libels a person or organiza- tion or disparages a person's or or- ganization's goods, products or ser- vices; 2. oral, written, televised, videotaped, or electronic publication of material that violates a person's right of privacy; 3. misappropriation of advertising ideas or style of doing business; 4. infringement of copyright, title or slo- gan; or 5. mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items A.1. through A.4. CU 60 02 06 97 B. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. "Auto" does not include "mo- bile equipment." C. "Bodily injury" means physical injury, sick- ness, or disease, induding death of a per- son. "Bodily injury" also means mental injury, mental anguish, humiliation, or shock if directly resulting from physical injury, sickness, or disease to that person. D. "Claim" means any demand for monetary damages upon an "Insured" resulting from a covered "occurrence." E. "Impaired property" means tangible prop- erty, other than "your product" or "your work," that cannot be used or is Tess use- ful because: (Page 6 of 15) 1. it incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dan- gerous; or 2. you have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: 1. the repair, replacement, adjustment or removal of "your product" or "your work "; or 2. your fulfilling the terms of the contract or agreement. F. "Insured" means each of the following, to the extent set forth: 1. The Named Insured meaning: a. Any person or organization listed in Item 1. of the Declarations, and any Company of which you own more than 50 %, as of the effective date of this policy. b. Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or major- ity interest, will qualify to be a Named Insured. However: 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 see (1) coverage under this provi- sion is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; (2) coverage does not apply to "bodily injury," "property damage," "personal injury" or "advertising injury" that occurred before you acquired or formed the organization; and (3) coverage applies only if the organization is included un- der the coverage provided by the policies listed in the Schedule of Underlying In- surance and then for no broader coverage than is provided under such under- lying policies. 2. If you are an individual, you and your spouse, but only with respect to the conduct of a business of which you are the sole owner as of the effective date of this policy. 3. If you are a partnership or joint ven- ture, the partners or members and their spouses but only as respects the conduct of your business. 4. If you are a limited liability company. the members or managers but only as respects the conduct of your business. 5. Any person or organization, other than the Named Insured, included as an ad- ditional "Insured" by virtue of an "in- sured contract," and to which coverage is provided by the "underlying insur- ance" and for no broader coverage than is provided by the "underlying insurance" to such additional "In- sured." 6. Any of your partners, executive cers, directors, or employees but while acting within the scope of duties. offi- only their However, the coverage granted by this Provision 6. does not apply to the own- ership, maintenance, use, loading" or "unloading" of any "autos," aircraft or watercraft unless such coverage is in- cluded under the policies listed in the Schedule of Underlying Insurance and for no broader coverage than is pro- vided under such underlying policies. Employees include "leased workers" but not "temporary workers." "Leased workers" are leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm to perform related duties to the con- duct of your business. "Leased work- ers" are not "temporary workers." "Temporary workers" are persons fur- nished to you to substitute for perma- nent employees on leave or to meet seasonal or short-term workload condi- tions. 7. Any person, other than one of your employees, or organization while act- ing as your real estate manager. 8. Any person (other than your partners, executive officers, directors, stockhol- ders or employees) or organizations with respect to any "auto" owned by you, loaned to you or hired by you or on your behalf and used with your per- mission. However, the coverage granted by this Provision 8. does not apply to any per- son using an "auto" while working in a business that sells, services, repairs or parks "autos" unless you are in that business. 9. No person or organization is an "In- sured" with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. G. "Insured contract" means any oral or writ- ten contract or agreement entered into by you and pertaining to your business under which you assume the "tort liability" of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided that the "bodily in- jury" or "property damage" occurs subse- quent to the execution of the contract or CU 60 02 06 97 (Page 7 of 15) agreement. 'Tort liability" means a civil liability that would be imposed by law in the absence of any contract or agreement. H. "Loading" or "unloading" means the han- dling of property: 1. after it is removed from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto "; 2. while it is in or on an aircraft, water- craft or "auto "; 3. while it is being moved from an air- craft, watercraft or "auto" to the place where it is finally delivered. However, "loading" or "unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto." I. "Mobile equipment" means any of the fol- lowing types of land vehicles, including any attached machinery or equipment: 1. bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. vehicles maintained for use solely on or next to premises you own or rent; 3. vehicles that travel on crawler treads; 4. vehicles, whether self - propelled or not, maintained primarily to provide mobil- ity to permanently mounted: a. power cranes, shovels, loaders, diggers or drills; or b. road construction or resurfacing equipment such as graders, scrap- ers or rollers; 5. vehicles not described in 1., 2., 3., or 4. above that are not self - propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: CU 60 02 06 97 (Page 8 of 15) a. air compressors, pumps and gen- erators, including spraying, weld- ing, building cleaning, geophysi- cal exploration, lighting and well servicing equipment or b. cherry pickers and similar devices used to raise or lower workers; 6. vehicles not described in 1., 2., 3., or 4. above maintained primarily for pur- poses other than the transportation of persons or cargo. However, self - propelled vehides with the following types of permanently at- tached equipment are not "mobile equipment" but will be considered "autos ": a. equipment designed primarily for: (1) snow removal; (2) road maintenance, but not construction or resurfacing; or (3) street cleaning; b. cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower work- ers; and c. air compressors, pumps and gen- erators, including spraying, weld- ing, building cleaning, geophysi- cal exploration, lighting and well servicing equipment. J. "Occurrence" means: 1. as respects "bodily injury" or "prop- erty damage," an accident, including continuous or repeated exposure to substantially the same general harmful conditions; 2. as respects "personal injury," an of- fense arising out of the business of any "Insured" that results in "personal injury." All damages that arise from the same or related injurious material or acts will be considered as arising out of one "occurrence," regardless of the I ormemes sesmea SEM 5 frequency or repetition thereof, the number and kind of media used and the number of claimants; 3. as respects "advertising injury," an of- fense committed in the course of ad- vertising your goods, products and ser- vices that results in "advertising in- jury? All damages that arise from the same or related injurious material or acts will be considered as arising out of one "occurrence," regardless of the frequency or repetition thereof, the number and kind of media used and the number of claimants. K. "Personal injury" means injury other than "bodily injury" or "advertising injury" aris- ing out of one or more of the following offenses during the policy period: 1. false arrest, detention or imprison- ment; 2. malicious prosecution; 3. the wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; 4. oral, written, televised, videotaped, or electronic publication of material that slanders or libels a person or organiza- tion or disparages a person's or or- ganization's goods, products or ser- vices; 5. oral, written, televised, videotaped, or electronic publication of material that violates a person's right of privacy; or 6. mental injury, mental anguish, humili- ation, or shock, if directly resulting from Items K.1. through 5. L. 1. "Products - completed operations haz- ard" means all "bodily injury" and "property damage" from an "occur- rence" taking place away from prem- ises you own or rent and arising out of "your product" or "your work" except: CU 60 02 06 97 a. products that are still in your physical possession; or b. work that has not yet been com- pleted or abandoned. 2. "Your work" will be deemed complet- ed at the earliest of the following times: a. When ail of the work called for in your contract has been complet- ed. b. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c. When that part of the work done at a job site has been put to its intended use by any person or or- ganization other than another con- tractor or subcontractor working on the same project. Work that may need service, mainten- ance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. 3. This "products- completed operations hazard" does not include "bodily in- jury" or "property damage" arising out of: a. the transportation of property, un- less the injury or damage arises out of a condition in or on a ve- hicle created by the "loading" or "unloading" of it; b. the existence of tools, uninstalled equipment or abandoned or un- used materials. M. "Property damage" means: 1. physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it; or 2. loss of use of tangible property that is not physically injured. All such loss will be deemed to occur at the time of the "occurrence" that caused it. N. "Suit" means a civil proceeding which seeks monetary damages because of "bod- ily injury," "property damage," "per- (Page 9 of 15) sonal injury," or "advertising injury" to which this insurance applies. "Suit" in- cludes: 1. an arbitration proceeding in which such damages are claimed and to which you must submit or do submit with our consent; or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 0. "Underlying insurance means the insur- ance coverage provided under policies shown in the Schedule of Underlying In- surance, or any additional policies agreed to by us in writing. It includes any policies issued to replace those policies during the term of this insurance that provide: 1. at least the same policy limits; and 2. insurance for the same hazards, except as to any modifications which are agreed to by us in writing. P. "Your product" means: 1. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: a. you; b. others trading under your name; or c. a person or organization whose business or assets you have ac- quired; and 2. Containers (other than vehicles) materi- als, parts or equipment furnished in connection with such goods or pro- ducts. Your product" includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your product"; and 2. the providing of or failure to provide warnings or instructions. CU 60 02 06 97 "Your product" does not include vending machines or other property rented to or located for the use of others but not sold. Q. "Your work" means: 1. work or operations performed by you or on your behalf; and 2. materials, parts or equipment fur- nished in connection with such work or operations. "Your work" includes: 1. warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work "; and 2. the providing of or failure to provide warnings or instructions. VI. Conditions A. Appeals If the "Insured" or an "Insured's" under- lying insurers do not appeal a judgment in excess of the "retained limit," we have the right to make such an appeal. If we elect to appeal, our liability on such an award or judgment will not exceed our Limits of Insurance as stated in Item 4. of the Dec- larations plus the cost and expense of such appeal. B. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three years after the expira- tion or termination of this policy. C. Bankruptcy or Insolvency (Page 10 of 15) The bankruptcy, insolvency or inability to pay of any "Insured" or the bankruptcy, insolvency or inability to pay of any of the Underlying Insurers will not relieve us from the payment of any "claim" or "suit" covered by this policy. Under no circum- stances will such bankruptcy, insolvency or inability to pay require us to drop down and replace the "retained limit" or assume any obligation with the "retained limit." Men D. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of nonpayment of premium, we must mail or deliver to you not less than ten (10) days advance written no- tice stating when the cancellation is to take effect. If we cancel for any other reason, we must mail or deliver to you not less than thirty (30) days advance written notice stating when the can- cellation is to take effect. Mailing that notice to you at your mailing address shown in Item 1. of the Declarations will be sufficient to prove notice. 3. The policy period will end on the day and hour stated in the cancellation no- tice. 4. If we cancel, final premium will be cal- culated pro rata based on the time this policy was in force. Final premium will not be less than the Minimum Pre- mium as shown in Item 3. of the Dec- larations. 5. If you cancel, final premium will be more than pro rata; it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the Minimum Pre- mium as shown in Item 3. of the Dec- larations. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancella- tion will be effective even if we have not made or offered any refund due you. Our check or our representative's check, mailed or delivered, will be suf- ficient tender of any refund due you. 7. The first Named Insured in Item 1. of the Declarations will act on behalf of all other Insureds" with respect to the giving and receiving of notice of can- cellation and the receipt of any refund that may become payable under this policy. 8. Any of these provisions that conflict with a law that controls the cancella- tion of the insurance in this policy is changed by this statement to comply with the law. E. Changes Notice to any agent or knowledge pos- sessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy and that is signed by one of our authorized repre- sentatives. F. Duties in The Event of An Occurrence, Claim Or Suit CU 60 02 06 97 (Page 11 of 15) 1 1. You must see to it that we are notified as soon as practicable of an "occur- rence" which may result in a "claim" or "suit" under this policy. To the ex- tent possible, notice will include: a. how, when and where the "occur- rence" took place; b. the names and addresses of any injured person and witnesses; c. the nature and location of any in- jury or damage arising out of the "occurrence." 2. If a "claim" or "suit" against any In- sured" is reasonably likely to involve this policy you must notify us in writ- ing as soon as practicable. 3. You and any other involved "Insured" must: a. immediately send us copies of any demands, notices, summons- es or legal papers received in con- nection with the "claim" or "suit "; b. authorize us to obtain records and other information; c. cooperate with us in the inves- tigation, settlement or defense of the "claim" or "suit "; and d. assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the "Insured" be- cause of injury or damage to which this insurance may also ap- ply 4. The "Insured's" will not, except at their own cost, voluntarily make a pay- ment, assume any obligation, or incur arty expense, other than for first aid, without our consent. G. Inspection We have the right, but are not obligated, to inspect the premises and operations of any "Insured" at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and op- erations of any "Insured" and the premi- ums to be charged. We may give you re- ports on the conditions we find. We may also recommend changes. While they may help reduce losses, we do not undertake to perform the duty of any person or organi- zation to provide for the health or safety of any employees or the public. We do not warrant that the premises or operations of any "Insured" are safe or healthful or that they comply with laws, regulations, codes or standards. H. Legal Actions Against Us There will be no right of action against us under this insurance unless. 1. you have complied with all the terms of this policy; and 2. the amount you owe has been deter- mined by settlement with our consent or by actual trial and final judgment; This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. 1. Maintenance of Underlying Insurance During the period of this policy, you agree: CU 60 02 06 97 1. to keep the policies listed in the Sched- ule of Underlying Insurance in full force and effect; 2. that any renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be more restrictive in coverage; 3. that the Limits of Insurance of the poli- cies listed in the Schedule of Under- lying Insurance will be maintained ex- cept for any reduction or exhaustion of aggregate limits by payment of "claims" or "suits" for "occurrences" covered by "underlying insurance; and 4. that the terms, conditions and endorse- ments of the policies listed in the Schedule of Underlying Insurance will not change during the period of this policy such as to increase the coverage afforded under this policy. If you fail to comply with these require- ments, we will only be liable to the same extent that we would have been had you fully complied with these requirements. J. Other Insurance If other insurance applies to a loss that is also covered by this policy, this policy will apply excess of the other insurance. Noth- ing herein will be construed to make this policy subject to the terms, conditions and limitations of such other insurance. How- ever, this provision will not apply if the other insurance is specifically written to be excess of this policy. K. Premium (Page 12 of 15) The first Named Insured designated in Item 1. of the Declarations will be respon- sible for payment of all premiums when due. The premium for this policy will be com- puted on the basis set forth in Item 3. of the Declarations. At the beginning of the policy period, you must pay us the Ad- vance Premium shown in Item 3. of the Declarations. When this policy expires or if it is can- celed, we will compute the earned pre- mium for the time this policy was in force. If this policy is subject to audit adjust- 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 a MEE MAME EILEEENff MEM INEg ment, the actual exposure basis will be used to compute the earned premium. If the earned premium is greater than the Advance Premium, you will promptly pay us the difference. If the earned premium is less than the Advance Premium, we will return the difference to you. But in any event we will retain the Minimum Pre- mium as shown in Item 3. of the Declara- tions for each twelve months of our policy period. L. Separation of Insureds Except with respect to our Limits of Insur- ance and any rights or duties specifically assigned to the first Named Insured des- ignated in Item 1. of the Declarations, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each "Insured" against whom "claim" is made or "suit" brought. M. Transfer of Rights of Recovery Against Others to Us If any "Insured" has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The "Insured" must do nothing after loss to impair those rights and must help us enforce them. Any recoveries will be applied as follows: 1. any interests, including the "Insured," that have paid an amount in excess of our payment under this policy will be reimbursed first; 2. we then will be reimbursed up to the amount we have paid; and 3. lastly, any interests, including the "In- sured," over which our insurance is excess, are entitled to claim the resi- due. CU 60 02 06 97 (Page 13 of 15) Expenses incurred in the exercise of rights of recovery will be apportioned between the interests, including the "Insured," in the ratio of their respective recoveries as finally settled. N. Terms Conformed to Statute The terms of this Policy which are in con- flict with the statutes of the state where this Policy is issued are amended to con- form to such statutes. if we are prevented by law or statute from paying on behalf of an "Insured," then we will, where permitted by law or statute, indemnify the "Insured" For those sums in excess of the "retained limit." O. Transfer of Your Rights And Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However, notice of cancellation sent to the first Named In- sured designated in Item 1. of the Declara- tions and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. P. When Loss Is Payable Coverage under this policy will not apply unless and until any "Insured" or an "In- sured's" underlying insurer is obligated to pay the "retained limit." When the amount of loss has finally been determined, we will promptly pay on be- half of the "Insured" the amount of Toss failing within the terms of this policy. You will promptly reimburse us for any amount within the Self - Insured Retention advanced by us at our discretion on behalf of any "Insured." NUCLEAR ENERGY LIABILITY EXCLUSION This policy does not apply to: 1. Any liability, injury or damage: a. with respect to which any "Insured" under the policy is also an "Insured" under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Associ- ation, Mutual Atomic Energy Liability Un- derwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an "insured" under any such policy but for its termination upon exhaus- tion of its Limits of Insurance; or b. resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) a person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) any "Insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement en- tered into by the United States of America, or any agency thereof, with any person or organization. 2. Any injury or "nuclear property damage" re- sulting from the "hazardous properties" of 'nuclear material," if: a. the "nuclear material" (a) is at any "nu- clear facility" owned by, or operated by or on behalf of, any 'Insured" or (b) has been discharged or dispersed therefrom; b. the "nuclear material" is contained in "spent fuel" or "nuclear waste" at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of any "Insured "; or c. the injury or "nuclear property damage" arises out of the furnishing by any "In- sured" of services, materials, parts or equipment in connection with the plan- ning, construction, maintenance, operation or use of any "nuclear facility," but if such facility is located within the United States of America, its territories or possessions or Canada, this Exclusion 2.c. applies only to "nuclear property damage" to such "nu- clear facility" and any property therein. 3. As used in this exclusion: a. "Hazardous properties" includes radioac- tive, toxic or explosive properties. b. "Nuclear facility" means: i. any "nuclear reactor; ii, any equipment or device designed or used for (1) separating the isotopes of urani- um or plutonium, (2) processing or utilizing "spent fuel" or (3) handling, processing or packaging "nuclear waste "; any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of any "Insured" at the premises where such equipment or de- vice is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination there- of, or more than 250 grams of uranium 235; iv. any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of, "nuclear waste," and includes the site on which any of the foregoing is located, all op- erations considered on such site and all premises used for such operations. c. "Nuclear material" means "source mate- rial," "special nuclear material" or by- product material. d. "Nuclear property damage" includes all forms of radioactive contamination of property. CU 60 02 06 97 (Page 14 of 15) 1 1 1 1 8 1 1 1 1 1 1; s 1 1 1 1 1 1 "=_= EMEN WINIENIES SOIMIREISI "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self - supporting chain reaction or to contain a critical mass of fissionable ma- terial. f. "Nuclear waste means any nuclear waste material (a) containing "by- product mate- rial" other than the tailings of nuclear waste produced by the extraction or con- centration of uranium or thorium from any ore processed primarily for its "source ma- terial" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included within the definition of "nuclear facility" under Para- graph 3.b.i. or 3.b.ii. g. "Source material," "special nuclear mate- rial," and "by- product material" have the meanings given them in the Atomic En- ergy Act of 1954 or in any law amendatory thereof. h. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor." This endorsement does not change any other pro- vision of the policy. In Witness Whereof, we have caused this policy to be executed and attested, but this policy will not be valid unless countersigned by one of our duly authorized representatives, where required by law. CU 60 02 06 97 (Page 15 of 15) COMMERCIAL UMBRELLA CU 88 40 02 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE - DESIGNATED PERSONS OR ORGANIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA COVERAGE PART SCHEDULE Name of Person,or Organization: Per Written Contract or Agreement The following is added to Condition J. Other Insurance under SECTION VI. CONDITIONS: However, with respect to a person or organization shown in the Schedule, that qualifies as an additional "Insured" under paragraph F.5. of SECTION V. DEFINITIONS, if a written contract in which you have agreed to provide insurance for that person or organization expressly requires that this insurance applies on a primary or a primary and non - contributory basis, this insurance will apply as if other insurance available to that person or organization which designates that person or organization as a Named Insured does not exist, and we will not share with that other insurance. Regardless of the written contract between you and the person or organization shown in the Schedule, this insurance is still excess over any other valid and collectible insurance available to that person or organization, whether such insurance is primary, contributing, excess, contingent or otherwise, as respects "autos" or when that person or organization is an additional insured under such other insurance. This endorsement does not change any other provision of the policy. CU 88 40 02 10 ©2010 Liberty Mutual Insurance Company. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 EXHIBIT E: PERFORMANCE / PAYMENT BOND Bond No. 759055P KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned Sound Pacific Construction, LLC, ( "Principal ") and Developers Surety and Indemnity Company the undersigned corporation organized and existing under the laws of the State of Iowa 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") in the penal sum of Nine Hundred Seventy-Nine Thousand Eight Hundred Thirty and no /100 Dollars ($979,830.00) 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 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. The Principal has entered into an Agreement with the City dated )kirif-2 1 24 for Sacajawea Middle School Safe Routes to School. 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 prior to Physical Completion being issued 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 %) 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 Sacajawea Middle School SRTS RFB ver. 4/16 Page 55 RFB # 16 -005 May 2016 `n 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 this 2f-day of i--0-41 , 201,L. CORPORATE SEAL OF PRINCIPAL: By: STATE OF WASHINGTON ) ) ss. COUNTY OFV: ' ) SOUND PACIFIC CONSTRUCTION, LLC Thomas ' be . . p, Managing Member 3902 157th St Ct NW Gig Harbor, WA 98332 (253) 444-0050 On this day personally appeared before me Thomas Abplanalp, to me known to be the Managing Member of Sound Pacific Construction, LLC that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN my hand and official seal this day of 20<<a •4A/4'• = NOTARy Ni ; PUBLIC City of Federal Way Sacajawea Middle School SRTS RFB ver. 4116 Notary's signature , ' ' Notary's printed name 'TAP 'A-7`/ Notary Public in and for the Statg of Washington. My commission expires I SZ I 1 1.1 Page 56 RFB # 16 -005 May 2016 i'ORPORATE SEAL OF SURETY: APPROVED AS TO FORM: City Attorney, ACL q City of Federal Way Sacajawea Middle School SRTS RFB ver. 4/16 Page 57 By: Developers Surety and Indemnity C SU pany Att •'ney -in -Fact (Attach Power of Attorney) Elizabeth R. Hahn (Name of Person Executing Bond) 2233 112th Ave NE Bellevue, WA 98004 (Address) (425) 709 -3600 (Phone) RFB # 16 -005 May 2016 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA 92623 (949) 263 -3300 KNOW ALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: "'Jana M. Roy, Guy P. Armfield, Scott McGilvray, Jill A. Boyle, Elizabeth R. Hahn, Susan B. Larson, Scott Fisher, Deanna M. French, Roger Kaltenbach, Ronald J. Lange, Mindee L. Rankin, John R. Claeys, jointly or severally*** as their true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attomey(s) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January 1st, 2008. RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice - President, Senior Vice - President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the attomey(s) named in the Power of Attomey to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attomey or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this 18th day of April, 2016. By: f- By: Daniel Young, Senior Vice - President Mark Lansdon, Vice- President State of California County of Orange On T 1967 o ■t" A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. April 18, 2016 Date personally appeared before me, Lucille Raymond, Notary Public Here Insert Name and Title of the Officer Daniel Young and Mark Lansdon LUCILLE RAYMOND Commission At 2081945 < �e Notary Public - California Yj% Orange County ;_ M% Comm. Expires Oct 13, 2018 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature — CERTIFICATE Lucil y ond, Notary Public The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY certify that the foregoing Power of Attomey remains in full force and has not been revoked and, furthermore, that the provisio said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. By: // This Certificate is executed in the City of Irvine, California, this Cassie J. rrisford, Assistant S tary ID -1380 (Rev. 04/16) day of OOOOOOO •etolt�io oft J PA 44; % o P (� ifibi I.r •, ♦ ,..�""�� AND, r Z , >ylARP�F s fwaI��G3 &T. f�c 1, \c 9I 3 6•'� �,A f IFORNIA, does hereby oards of Directors of ,ANY 0 3 EXHIBIT F: 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”) 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 The 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 Regulations 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 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. AMENDMENTS TO THE STANDARD SPECIFICATIONS AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 INTRO.AP1 1 INTRODUCTION 2 The following Amendments and Special Provisions shall be used in conjunction with the 3 2016 Standard Specifications for Road, Bridge, and Municipal Construction. 4 5 AMENDMENTS TO THE STANDARD SPECIFICATIONS 6 7 The following Amendments to the Standard Specifications are made a part of this contract 8 and supersede any conflicting provisions of the Standard Specifications. For informational 9 purposes, the date following each Amendment title indicates the implementation date of the 10 Amendment or the latest date of revision. 11 12 Each Amendment contains all current revisions to the applicable section of the Standard 13 Specifications and may include references which do not apply to this particular project. 14 15 1-02.AP1 16 Section 1-02, Bid Procedures and Conditions 17 April 4, 2016 18 1-02.4(1) General 19 The first sentence of the last paragraph is revised to read: 20 21 Any prospective Bidder desiring an explanation or interpretation of the Bid Documents, 22 shall request the explanation or interpretation in writing by close of business on the 23 Thursday preceding the bid opening to allow a written reply to reach all prospective 24 Bidders before the submission of their Bids. 25 26 1-02.9 Delivery of Proposal 27 The last sentence of the third paragraph is revised to read: 28 29 The Contracting Agency will not open or consider any Proposal when the Proposal or 30 Bid deposit is received after the time specified for receipt of Proposals or received in a 31 location other than that specified for receipt of Proposals unless an emergency or 32 unanticipated event interrupts normal work processes of the Contracting Agency so that 33 Proposals cannot be received. 34 35 The following new paragraph is inserted before the last paragraph: 36 37 If an emergency or unanticipated event interrupts normal work processes of the 38 Contracting Agency so that Proposals cannot be received at the office designated for 39 receipt of bids as specified in Section 1-02.12 the time specified for receipt of the 40 Proposal will be deemed to be extended to the same time of day specified in the 41 solicitation on the first work day on which the normal work processes of the Contracting 42 Agency resume. 43 44 1-02.12 Public Opening of Proposals 45 This section is supplemented with the following new paragraph: 46 47 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 If an emergency or unanticipated event interrupts normal work processes of the 1 Contracting Agency so that Proposals cannot be opened at the time indicated in the call 2 for Bids the time specified for opening of Proposals will be deemed to be extended to 3 the same time of day on the first work day on which the normal work processes of the 4 Contracting Agency resume. 5 6 1-06.AP1 7 Section 1-06, Control of Material 8 January 4, 2016 9 This section is supplemented with the following new section and subsections: 10 11 1-06.6 Recycled Materials 12 The Contractor shall make their best effort to utilize recycled materials in the 13 construction of the project; the use of recycled concrete aggregate as specified in 14 Section 1-06.6(1)A is a requirement of the Contract. 15 16 The Contractor shall submit a Recycled Material Utilization Plan as a Type 1 Working 17 Drawing within 30 calendar days after the Contract is executed. The plan shall provide 18 the Contractor’s anticipated usage of recycled materials for meeting the requirements of 19 these Specifications. The quantity of recycled materials will be provided in tons and as 20 a percentage of the Plan quantity for each material listed in Section 9-03.21(1)E Table 21 on Maximum Allowable Percent (By Weight) of Recycled Material. When a Contract 22 does not include Work that requires the use of a material that is included in the 23 requirements for using materials the Contractor may state in their plan that no recycled 24 materials are proposed for use. 25 26 Prior to Physical Completion the Contractor shall report the quantity of recycled 27 materials that were utilized in the construction of the project for each of the items listed 28 in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete 29 aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. 30 utilization of on-site material and aggregates from concrete returned to the supplier). 31 The Contractor’s report shall be provided on DOT Form 350-075 Recycled Materials 32 Reporting. 33 34 1-06.6(1) Recycling of Aggregate and Concrete Materials 35 36 1-06.6(1)A General 37 The minimum quantity of recycled concrete aggregate shall be 25 percent of the total 38 quantity of aggregate that is incorporated into the Contract for those items listed in 39 Section 9-03.21(1)E Table on Maximum Allowable Percent (By Weight) of Recycled 40 Material that allow the use of recycled concrete aggregate. The percentage of recycled 41 material incorporated into the project for meeting the required percentage will be 42 calculated in tons based on the quantity of recycled concrete used on the entire 43 Contract and not as individual items. 44 45 If the Contractor’s total cost for Work with recycled concrete aggregate is greater than 46 without the Contractor may choose to not use recycled concrete aggregate. When the 47 Contractor does not meet the minimum requirement of 25 percent recycled concrete 48 aggregate for the Contract due to costs or any other reason the following shall be 49 submitted: 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 1. A cost estimate for each material listed in Section 9-03.21(1)E that is utilized 2 on the Contract. The cost estimate shall include the following: 3 4 a. The estimated costs for the Work for each material with 25 percent 5 recycled concrete aggregate. The cost estimate shall include for each 6 material a copy of the price quote from the supplier with the lowest total 7 cost for the Work. 8 9 b. The estimated costs for the Work for each material without recycled 10 concrete aggregate. 11 12 The Contractor’s cost estimates shall be submitted as an attachment to the Recycled 13 Materials Reporting form. 14 15 1-07.AP1 16 Section 1-07, Legal Relations and Responsibilities to the Public 17 April 4, 2016 18 1-07.1 Laws to be Observed 19 In the second to last sentence of the third paragraph, “WSDOT” is revised to read 20 “Contracting Agency”. 21 22 1-07.2(2) State Sales Tax: WAC 458-20-170 – Retail Sales Tax 23 The last three sentences of the first paragraph are deleted and replaced with the following 24 new sentence: 25 26 The Contractor (Prime or Subcontractor) shall include sales or use tax on the purchase 27 or rental of tools, machinery, equipment, or consumable supplies not integrated into the 28 project, in the unit bid prices. 29 30 1-07.9(2) Posting Notices 31 Items 1 and 2 are revised to read: 32 33 1. EEOC - P/E-1 (revised 11/09, supplemented 09/15) – Equal Employment 34 Opportunity IS THE LAW published by US Department of Labor. Post for projects 35 with federal-aid funding. 36 37 2. FHWA 1022 (revised 05/15) – NOTICE Federal-Aid Project published by Federal 38 Highway Administration (FHWA). Post for projects with federal-aid funding. 39 40 Items 5, 6 and 7 are revised to read: 41 42 5. WHD 1420 (revised 02/13) – Employee Rights and Responsibilities Under The 43 Family And Medical Leave Act published by US Department of Labor. Post on all 44 projects. 45 46 6. WHD 1462 (revised 01/16) – Employee Polygraph Protection Act published by 47 US Department of Labor. Post on all projects. 48 49 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 7. F416-081-909 (revised 09/15) – Job Safety and Health Law published by 1 Washington State Department of Labor and Industries. Post on all projects. 2 3 Items 9 and 10 are revised to read: 4 5 9. F700-074-909 (revised 06/13) – Your Rights as a Worker in Washington State 6 by Washington State Department of Labor and Industries (L&I). Post on all projects. 7 8 10. EMS 9874 (revised 10/15) – Unemployment Benefits published by Washington 9 State Employment Security Department. Post on all projects. 10 11 1-08.AP1 12 Section 1-08, Prosecution and Progress 13 January 4, 2016 14 1-08.1(1) Prompt Payment, Subcontract Completion and Return of Retainage 15 Withheld 16 In item number 5 of the first paragraph, “WSDOT” is revised to read “Contracting Agency”. 17 18 1-09.AP1 19 Section 1-09, Measurement and Payment 20 April 4, 2016 21 1-09.6 Force Account 22 The second sentence of item number 4 is revised to read: 23 24 A “specialized service” is a work operation that is not typically done by worker 25 classifications as defined by the Washington State Department of Labor and Industries 26 and by the Davis Bacon Act, and therefore bills by invoice for work in road, bridge and 27 municipal construction. 28 29 5-02.AP5 30 Section 5-02, Bituminous Surface Treatment 31 April 4, 2016 32 5-02.3(2) Preparation of Roadway Surface 33 This section is supplemented with the following new subsection: 34 35 5-02.3(2)E Crack Sealing 36 Where shown in the Plans, seal cracks and joints in the pavement in accordance with 37 Section 5-04.3(4)A1 and the following: 38 39 1. Cracks ¼ inch to 1 inch in width - fill with hot poured sealant. 40 41 2. Cracks greater than 1 inch in width – fill with sand slurry. 42 43 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 5-04.AP5 1 Section 5-04, Hot Mix Asphalt 2 April 4, 2016 3 This section (and all subsections) is revised to read: 4 5 This Section 5-04 is written in a style which, unless otherwise indicated, shall be 6 interpreted as direction to the Contractor. 7 8 5-04.1 Description 9 This Work consists of providing and placing one or more layers of plant-mixed hot mix 10 asphalt (HMA) on a prepared foundation or base, in accordance with these 11 Specifications and the lines, grades, thicknesses, and typical cross-sections shown 12 in the Plans. The manufacture of HMA may include warm mix asphalt (WMA) processes 13 in accordance with these Specifications. 14 15 HMA shall be composed of asphalt binder and mineral materials as required, and may 16 include reclaimed asphalt pavement (RAP) or reclaimed asphalt shingles (RAS), mixed 17 in the proportions specified to provide a homogeneous, stable, and workable mix. 18 19 5-04.2 Materials 20 Provide materials as specified in these sections: 21 22 Asphalt Binder 9-02.1(4) 23 Cationic Emulsified Asphalt 9-02.1(6) 24 Anti-Stripping Additive 9-02.4 25 Warm Mix Asphalt Additive 9-02.5 26 Aggregates 9-03.8 27 Reclaimed Asphalt Pavement (RAP) 9-03.8(3)B 28 Reclaimed Asphalt Shingles (RAS) 9-03.8(3)B 29 Mineral Filler 9-03.8(5) 30 Recycled Material 9-03.21 31 Hot Poured Sealant 9-04.2(1)A 32 Sand Slurry 9-04.2(1)B 33 34 5-04.2(1) How to Get an HMA Mix Design on the QPL 35 Comply with each of the following: 36 37 • Develop the mix design in accordance with WSDOT SOP 732. 38 39 • Develop a mix design that complies with Sections 9-03.8(2) and 9-03.8(6). 40 41 • Develop a mix design no more than 6 months prior to submitting it for QPL 42 evaluation. 43 44 • Submit mix designs to the WSDOT State Materials Laboratory in 45 Tumwater, including WSDOT Form 350-042. 46 47 • Include representative samples of the materials that are to be used in the 48 HMA production as part of the mix design submittal. See Section 5-49 04.2(1)A to determine when to include samples of RAP or RAS. 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 • Identify the brand, type, and percentage of anti-stripping additive in the 2 mix design submittal. 3 4 • Include with the mix design submittal a certification from the asphalt 5 binder supplier that the anti-stripping additive is compatible with the crude 6 source and the formulation of asphalt binder proposed for use in the mix 7 design. 8 9 • Do not include warm mix asphalt (WMA) additives when developing a mix 10 design or submitting a mix design for QPL evaluation. The use of warm 11 mix asphalt (WMA) additives is not part of the process for obtaining 12 approval for listing a mix design on the QPL. Refer to Section 5-04.2(2)B. 13 14 The Contracting Agency’s basis for approving, testing, and evaluating HMA mix 15 designs for approval on the QPL is dependent on the contractual basis for 16 acceptance of the HMA mixture, as shown in Table 1. 17 18 Table 1 Basis for Contracting Agency Evaluation of HMA Mix Designs for Approval on the QPL Contractual Basis for Acceptance of HMA Mixture (see Section 5-04.3(9)) Basis for Contracting Agency Approval of Mix Design for Placement on QPL Contracting Agency Materials Testing for Evaluation of the Mix Design Statistical Evaluation, or Nonstatistical Evaluation WSDOT Standard Practice QC-8 The Contracting Agency will test the mix design materials for compliance with Sections 9-03.8(2) and 9-03.8(6). Visual Evaluation Review of Form 350-042 for compliance with Sections 9-03.8(2) and 9-03.8(6) The Contracting Agency may elect to test the mix design materials, or evaluate in accordance with WSDOT Standard Practice QC-8, at its sole discretion. 19 If the Contracting Agency approves the mix design, it will be listed on the QPL for 20 12 consecutive months. The Contracting Agency may extend the 12 month listing 21 provided the Contractor submits a certification letter to the Qualified Products 22 Engineer verifying that the aggregate source and job mix formula (JMF) gradation, 23 and asphalt binder crude source and formulation have not changed. The Contractor 24 may submit the certification no sooner than one month prior to expiration of the 25 initial 12 month mix design approval. Within 7 calendar days of receipt of the 26 Contractor’s certification, the Contracting Agency will update the QPL. The 27 maximum duration for approval of a mix design and listing on the QPL will be 24 28 months from the date of initial approval or as approved by the Engineer. 29 30 5-04.2(1)A Mix Designs Containing RAP and/or RAS 31 Mix designs are classified by the RAP and/or RAS content as shown in Table 32 2. 33 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 Table 2 Mix Design Classification Based on RAP/RAS Content RAP/RAS Classification RAP/RAS Content1 Low RAP/No RAS 0% RAP% 20% and RAS% = 0% High RAP/Any RAS 20% < RAP% Maximum Allowable RAP2 and/or 0% < RAS% Maximum Allowable RAS2 1Percentages in this table are by total weight of HMA 2See Table 4 to determine the limits on the maximum amount RAP and/or RAS. 2 5-04.2(1)A1 Low RAP/No RAS – Mix Design Submittals for Placement 3 on QPL 4 For Low RAP/No RAS mix designs, comply with the following additional 5 requirements: 6 7 1. Develop the mix design without the inclusion of RAP. 8 9 2. The asphalt binder grade shall be the grade indicated in the Bid 10 item name or as otherwise required by the Contract. 11 12 3. Do not submit samples of RAP with these mix designs. 13 14 4. Testing RAP or RAS stockpiles is not required for obtaining 15 approval for placing these mix designs on the QPL. 16 17 5-04.2(1)A2 High RAP/Any RAS - Mix Design Submittals for 18 Placement on QPL 19 For High RAP/Any RAS mix designs, comply with the following additional 20 requirements: 21 22 1. For mix designs with any RAS, test the RAS stockpile (and RAP 23 stockpile if any RAP is in the mix design) in accordance with 24 Table 3. 25 26 2. For High RAP mix designs with no RAS, test the RAP stockpile 27 in accordance with Table 3. 28 29 3. For mix designs with High RAP/Any RAS, construct a single 30 stockpile for RAP and a single stockpile for RAS and isolate 31 (sequester) these stockpiles from further stockpiling before 32 beginning development of the mix design. Test the RAP and 33 RAS during stockpile construction as required by item 1 and 2 34 above. Use the test data in developing the mix design, and report 35 the test data to the Contracting Agency on WSDOT Form 350-36 042 as part of the mix design submittal for approval on the QPL. 37 Account for the reduction in asphalt binder contributed from RAS 38 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 in accordance with AASHTO PP 78. Do not add to these 1 stockpiles after starting the mix design process. 2 3 Table 3 Test Frequency of RAP/RAS During RAP/RAS Stockpile Construction For Approving a High RAP/Any RAS Mix Design for Placement on the QPL Test Frequency1 Test for Test Method • 1/1000 tons of RAP (minimum of 10 per mix design) and • 1/100 tons of RAS (minimum of 10 per mix design) Asphalt Binder Content and Sieve Analysis of Fine and Coarse Aggregate FOP for AASHTO T 308 and FOP for WAQTC T 27/T 11 1“tons”, in this table, refers to tons of the reclaimed material before being incorporated into HMA. 4 4. Limit the amount of RAP and/or RAS used in a High RAP/Any 5 RAS mix design by the amount of binder contributed by the RAP 6 and/or RAS, in accordance with Table 4. 7 8 Table 4 Maximum Amount of RAP and/or RAS in HMA Mixture Maximum Amount of Binder Contributed from: RAP RAS 40%1 minus contribution of binder from RAS 20%2 1 Calculated as the weight of asphalt binder contributed from the RAP as a percentage of the total weight of asphalt binder in the mixture. 2 Calculated as the weight of asphalt binder contributed from the RAS as a percentage of the total weight of asphalt binder in the mixture. 9 5. Develop the mix design including RAP, RAS, recycling agent, 10 and new binder. 11 12 6. Extract, recover, and test the asphalt residue from the RAP and 13 RAS stockpiles to determine the percent of recycling agent 14 and/or grade of new asphalt binder needed to meet but not 15 exceed the performance grade (PG) of asphalt binder required 16 by the Contract. 17 18 a. Perform the asphalt extraction in accordance with AASHTO 19 T 164 or ASTM D 2172 using reagent grade 20 trichloroethylene. 21 22 b. Perform the asphalt recovery in accordance with AASHTO R 23 59 or ASTM D 1856. 24 25 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 c. Test the recovered asphalt residue in accordance with 1 AASHTO R 29 to determine the asphalt binder grade in 2 accordance with Section 9-02.1(4). 3 4 d. After determining the recovered asphalt binder grade, 5 determine the percent of recycling agent and/or grade of 6 new asphalt binder in accordance with ASTM D 4887. 7 8 e. Test the final blend of recycling agent, binder recovered 9 from the RAP and RAS, and new asphalt binder in 10 accordance with AASHTO R 29. The final blended binder 11 shall meet but not exceed the performance grade of asphalt 12 binder required by the Contract and comply with the 13 requirements of Section 9-02.1(4). 14 15 7. Include the following test data with the mix design submittal: 16 17 a. All test data from RAP and RAS stockpile construction. 18 19 b. All data from testing the recovered and blended asphalt 20 binder. 21 22 8. Include representative samples of the following with the mix 23 design submittal: 24 25 a. RAP and RAS. 26 27 b. 100 grams of recovered asphalt residue from the RAP and 28 RAS that are to be used in the HMA production. 29 30 5-04.2(1)B Commercial HMA - Mix Design Submittal for Placement on 31 QPL 32 For HMA used in the Bid item Commercial HMA, in addition to the 33 requirements of 5-04.2(1) identify the following in the submittal: 34 35 1. Commercial HMA 36 37 2. Class of HMA 38 39 3. Performance grade of binder 40 41 4. Equivalent Single Axle Load (ESAL) 42 43 The Contracting Agency may elect to approve Commercial HMA mix designs 44 without evaluation. 45 46 5-04.2(1)C Mix Design Resubmittal for QPL Approval 47 Develop a new mix design and resubmit for approval on the QPL when any of 48 the following changes occur. When these occur, discontinue using the mix 49 design until after it is reapproved on the QPL. 50 51 1. Change in the source of crude petroleum used in the asphalt binder. 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 2. Changes in the asphalt binder refining process. 2 3 3. Changes in additives or modifiers in the asphalt binder. 4 5 4. Changes in the anti-strip additive, brand, type or quantity. 6 7 5. Changes to the source of material for aggregate. 8 9 6. Changes to the job mix formula that exceed the amounts as 10 described in item 2 of Section 9-03.8(7), unless otherwise approved 11 by the Engineer. 12 13 7. Changes in the percentage of material from a stockpile, when such 14 changes exceed 5% of the total aggregate weight. 15 16 a. Changes to the percentage of material from a stockpile will be 17 calculated based on the total aggregate weight (not including the 18 weight of RAP) for Low RAP/No RAS mix designs. 19 20 b. For High RAP/Any RAS mix designs, changes in the percentage 21 of material from a stockpile will be based on total aggregate 22 weight including the weight of RAP (and/or RAS when included 23 in the mixture). 24 25 Prior to making any change in the amount of RAS in an approved mix design, 26 notify the Engineer for determination of whether a new mix design is required, 27 and obtain the Engineer’s approval prior to implementing such changes. 28 29 5-04.2(2) Mix Design – Obtaining Project Approval 30 Use only mix designs listed on the Qualified Products List (QPL). Submit WSDOT 31 Form 350-041 to the Engineer to request approval to use a mix design from the 32 QPL. Changes to the job mix formula (JMF) that have been approved on other 33 contracts may be included. The Engineer may reject a request to use a mix design 34 if production of HMA using that mix design on any contract is not in compliance with 35 Section 5-04.3(11)D, E, F, and G for mixture or compaction. 36 37 5-04.2(2)A Changes to the Job Mix Formula 38 The approved mix design obtained from the QPL will be considered the 39 starting job mix formula (JMF) and shall be used as the initial basis for 40 acceptance of HMA mixture, as detailed in Section 5-04.3(9). 41 42 During production the Contractor may request to adjust the JMF. Any 43 adjustments to the JMF will require approval of the Engineer and shall be 44 made in accordance with item 2 of Section 9-03.8(7). After approval by the 45 Engineer, such adjusted JMF’s shall constitute the basis for acceptance of the 46 HMA mixture. 47 48 5-04.2(2)B Using Warm Mix Asphalt Processes 49 The Contractor may, at the Contractor’s discretion, elect to use warm mix 50 asphalt (WMA) processes for producing HMA. WMA processes include 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 organic additives, chemical additives, and foaming. The use of WMA is 1 subject to the following: 2 3 • Do not use WMA processes in the production of High RAP/Any RAS 4 mixtures. 5 • Before using WMA processes, obtain the Engineer’s approval using 6 WSDOT Form 350-076 to describe the proposed WMA process. 7 8 5-04.3 Construction Requirements 9 5-04.3(1) Weather Limitations 10 Do not place HMA for wearing course on any Traveled Way beginning October 1st 11 through March 31st of the following year, without written concurrence from the 12 Engineer. 13 14 Do not place HMA on any wet surface, or when the average surface temperatures 15 are less than those specified in Table 5, or when weather conditions otherwise 16 prevent the proper handling or finishing of the HMA. 17 18 Table 5 Minimum Surface Temperature for Paving Compacted Thickness (Feet) Wearing Course Other Courses Less than 0.10 55°F 45°F 0.10 to 0.20 45°F 35°F More than 0.20 35°F 35°F 19 5-04.3(2) Paving Under Traffic 20 These requirements apply when the Roadway being paved is open to traffic. 21 22 In hot weather, the Engineer may require the application of water to the pavement 23 to accelerate the finish rolling of the pavement and to shorten the time required 24 before reopening to traffic. 25 26 During paving operations, maintain temporary pavement markings throughout the 27 project. Install temporary pavement markings on the Roadway prior to opening to 28 traffic. Temporary pavement markings shall comply with Section 8-23. 29 30 5-04.3(3) Equipment 31 5-04.3(3)A Mixing Plant 32 Equip mixing plants as follows. 33 34 1. Use tanks for storage and preparation of asphalt binder which: 35 36 • Heat the contents by means that do not allow flame to contact 37 the contents or the tank, such as by steam or electricity. 38 39 • Heat and hold contents at the required temperatures. 40 41 • Continuously circulate contents to provide uniform temperature 42 and consistency during the operating period. 43 44 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 • Provide an asphalt binder sampling valve, in either the storage 1 tank or the supply line to the mixer. 2 3 2. Provide thermometric equipment: 4 5 • In the asphalt binder feed line near the charging valve at the 6 mixer unit, capable of detecting temperature ranges expected in 7 the HMA and in a location convenient and safe for access by 8 Inspectors. 9 10 • At the discharge chute of the drier to automatically register or 11 indicate the temperature of the heated aggregates, and situated 12 in full view of the plant operator. 13 14 3. When heating asphalt binder: 15 16 • Do not exceed the maximum temperature of the asphalt binder 17 recommended by the asphalt binder supplier. 18 19 • Avoid local variations in heating. 20 21 • Provide a continuous supply of asphalt binder to the mixer at a 22 uniform average temperature with no individual variations 23 exceeding 25°F. 24 25 4. Provide a mechanical sampler for sampling mineral materials 26 that: 27 28 • Meets the crushing or screening requirements of Section 1-05.6. 29 30 5. Provide HMA sampling equipment that complies with WSDOT 31 SOP T-168. 32 33 • Use a mechanical sampling device installed between the 34 discharge of the silo and the truck transport, approved by the 35 Engineer, or 36 37 • Platforms or devices to enable sampling from the truck transport 38 without entering the truck transport for sampling HMA. 39 40 6. Provide for setup and operation of the Contracting Agency’s 41 field testing: 42 43 • As required in Section 3-01.2(2). 44 45 7. Provide screens or a lump breaker: 46 47 • When using any RAP or any RAS, to eliminate oversize RAP or 48 RAS particles from entering the pug mill or drum mixer. 49 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 5-04.3(3)B Hauling Equipment 1 Provide HMA hauling equipment with tight, clean, smooth metal beds and a 2 cover of canvas or other suitable material of sufficient size to protect the HMA 3 from adverse weather. Securely attach the cover to protect the HMA whenever 4 the weather conditions during the work shift include, or are forecast to include, 5 precipitation or an air temperature less than 45°F. 6 7 Prevent HMA from adhering to the hauling equipment. Spray metal beds with 8 an environmentally benign release agent. Drain excess release agent prior to 9 filling hauling equipment with HMA. Do not use petroleum derivatives or other 10 coating material that contaminate or alter the characteristics of the HMA. For 11 hopper trucks, operate the conveyer during the process of applying the release 12 agent. 13 14 5-04.3(3)C Pavers 15 Use self-contained, power-propelled pavers provided with an internally heated 16 vibratory screed that is capable of spreading and finishing courses of HMA in 17 lane widths required by the paving section shown in the Plans. 18 19 When requested by the Engineer, provide written certification that the paver is 20 equipped with the most current equipment available from the manufacturer for 21 the prevention of segregation of the coarse aggregate particles. The 22 certification shall list the make, model, and year of the paver and any 23 equipment that has been retrofitted to the paver. 24 25 Operate the screed in accordance with the manufacturer’s recommendations 26 and in a manner to produce a finished surface of the required evenness and 27 texture without tearing, shoving, segregating, or gouging the mixture. Provide 28 a copy of the manufacturer’s recommendations upon request by the 29 Contracting Agency. Extensions to the screed will be allowed provided they 30 produce the same results, including ride, density, and surface texture as 31 obtained by the primary screed. In the Travelled Way do not use extensions 32 without both augers and an internally heated vibratory screed. 33 34 Equip the paver with automatic screed controls and sensors for either or both 35 sides of the paver. The controls shall be capable of sensing grade from an 36 outside reference line, sensing the transverse slope of the screed, and 37 providing automatic signals that operate the screed to maintain the desired 38 grade and transverse slope. Construct the sensor so it will operate from a 39 reference line or a mat referencing device. The transverse slope controller 40 shall be capable of maintaining the screed at the desired slope within plus or 41 minus 0.1 percent. 42 43 Equip the paver with automatic feeder controls, properly adjusted to maintain a 44 uniform depth of material ahead of the screed. 45 46 Manual operation of the screed is permitted in the construction of irregularly 47 shaped and minor areas. These areas include, but are not limited to, gore 48 areas, road approaches, tapers and left-turn channelizations. 49 50 When specified in the Contract, provide reference lines for vertical control. 51 Place reference lines on both outer edges of the Traveled Way of each 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 Roadway. Horizontal control utilizing the reference line is permitted. 1 Automatically control the grade and slope of intermediate lanes by means of 2 reference lines or a mat referencing device and a slope control device. When 3 the finish of the grade prepared for paving is superior to the established 4 tolerances and when, in the opinion of the Engineer, further improvement to 5 the line, grade, cross-section, and smoothness can best be achieved without 6 the use of the reference line, a mat referencing device may be substituted for 7 the reference line. Substitution of the device will be subject to the continued 8 approval of the Engineer. A joint matcher may be used subject to the approval 9 of the Engineer. The reference line may be removed after completion of the 10 first course of HMA when approved by the Engineer. Whenever the Engineer 11 determines that any of these methods are failing to provide the necessary 12 vertical control, the reference lines will be reinstalled by the Contractor. 13 14 Furnish and install all pins, brackets, tensioning devices, wire, and accessories 15 necessary for satisfactory operation of the automatic control equipment. 16 17 If the paving machine in use is not providing the required finish, the Engineer 18 may suspend Work as allowed by Section 1-08.6. 19 20 5-04.3(3)D Material Transfer Device or Material Transfer Vehicle 21 Use a material transfer device (MTD) or material transfer vehicle (MTV) to 22 deliver the HMA from the hauling equipment to the paving machine for any lift 23 in (or partially in) the top 0.30 feet of the pavement section used in traffic 24 lanes. However, an MTD/V is not required for HMA placed in irregularly 25 shaped and minor areas such as tapers and turn lanes, or for HMA mixture 26 that is accepted by Visual Evaluation. At the Contractor’s request the Engineer 27 may approve paving without an MTD/V; the Engineer will determine if an 28 equitable adjustment in cost or time is due. If a windrow elevator is used, the 29 Engineer may limit the length of the windrow in urban areas or through 30 intersections. 31 32 To be approved for use, an MTV: 33 34 1. Shall be a self-propelled vehicle, separate from the hauling vehicle or 35 paver. 36 37 2. Shall not connected to the hauling vehicle or paver. 38 39 3. May accept HMA directly from the haul vehicle or pick up HMA from a 40 windrow. 41 42 4. Shall mix the HMA after delivery by the hauling equipment and prior 43 to placement into the paving machine. 44 45 5. Shall mix the HMA sufficiently to obtain a uniform temperature 46 throughout the mixture. 47 48 To be approved for use, an MTD: 49 50 1. Shall be positively connected to the paver. 51 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 2. May accept HMA directly from the haul vehicle or pick up HMA from a 1 windrow. 2 3 3. Shall mix the HMA after delivery by the hauling equipment and prior 4 to placement into the paving machine. 5 6 4. Shall mix the HMA sufficiently to obtain a uniform temperature 7 throughout the mixture. 8 9 5-04.3(3)E Rollers 10 Operate rollers in accordance with the manufacturer’s recommendations. 11 When requested by the Engineer, provide a Type 1 Working Drawing of the 12 manufacturer’s recommendation for the use of any roller planned for use on 13 the project. Do not use rollers that crush aggregate, produce pickup or 14 washboard, unevenly compact the surface, displace the mix, or produce other 15 undesirable results. 16 17 5-04.3(4) Preparation of Existing Paved Surfaces 18 Before constructing HMA on an existing paved surface, the entire surface of the 19 pavement shall be clean. Entirely remove all fatty asphalt patches, grease 20 drippings, and other deleterious substances from the existing pavement to the 21 satisfaction of the Engineer. Thoroughly clean all pavements or bituminous 22 surfaces of dust, soil, pavement grindings, and other foreign matter. Thoroughly 23 remove any cleaning or solvent type liquids used to clean equipment spilled on the 24 pavement before paving proceeds. Fill all holes and small depressions with an 25 appropriate class of HMA. Level and thoroughly compact the surface of the patched 26 area. 27 28 Apply a uniform coat of asphalt (tack coat) to all paved surfaces on which any 29 course of HMA is to be placed or abutted. Apply tack coat to cover the cleaned 30 existing pavement with a thin film of residual asphalt free of streaks and bare spots. 31 Apply a heavy application of tack coat to all joints. For Roadways open to traffic, 32 limit the application of tack coat to surfaces that will be paved during the same 33 working shift. Equip the spreading equipment with a thermometer to indicate the 34 temperature of the tack coat material. 35 36 Do not operate equipment on tacked surfaces until the tack has broken and cured. 37 Repair tack coat damaged by the Contractor’s operation, prior to placement of the 38 HMA. 39 40 Unless otherwise approved by the Engineer, use CSS-1, CSS-1h, or Performance 41 Graded (PG) asphalt for tack coat. The CSS-1 and CSS-1h emulsified asphalt may 42 be diluted with water at a rate not to exceed one part water to one part emulsified 43 asphalt. Do not allow the tack coat material to exceed the maximum temperature 44 recommended by the asphalt supplier. 45 46 When shown in the Plans, prelevel uneven or broken surfaces over which HMA is 47 to be placed by using an asphalt paver, a motor patrol grader, or by hand raking, as 48 approved by the Engineer. 49 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 5-04.3(4)A Crack Sealing 1 5-04.3(4)A1 General 2 When the Proposal includes a pay item for crack sealing, seal all cracks ¼ 3 inch in width and greater. 4 5 Cleaning: Ensure that cracks are thoroughly clean, dry and free of all 6 loose and foreign material when filling with crack sealant material. Use a 7 hot compressed air lance to dry and warm the pavement surfaces within 8 the crack immediately prior to filling a crack with the sealant material. Do 9 not overheat pavement. Do not use direct flame dryers. Routing cracks is 10 not required. 11 12 Sand Slurry: For cracks that are to be filled with sand slurry, thoroughly 13 mix the components and pour the mixture into the cracks until full. Add 14 additional CSS-1 emulsified asphalt to the sand slurry as needed for 15 workability to ensure the mixture will completely fill the crack. Strike off 16 the sand slurry flush with the existing pavement surface and allow the 17 mixture to cure. Top off cracks that were not completely filled with 18 additional sand slurry. Do not place the HMA overlay until the slurry has 19 fully cured. 20 21 Hot Poured Sealant: For cracks that are to be filled with hot poured 22 sealant, apply the material in accordance with these requirements and the 23 manufacturer's recommendations. Furnish a Type 1 Working Drawing of 24 the manufacturer's recommendations to the Engineer prior to the start of 25 work, including the manufacturer’s recommended heating time and 26 temperatures, allowable storage time and temperatures after initial 27 heating, allowable reheating criteria, and application temperature range. 28 Confine hot poured sealant material within the crack. Clean any overflow 29 of sealant from the pavement surface. If, in the opinion of the Engineer, 30 the Contractor’s method of sealing the cracks with hot poured sealant 31 results in an excessive amount of material on the pavement surface, stop 32 and correct the operation to eliminate the excess material. 33 34 5-04.3(4)A2 Crack Sealing Areas Prior to Paving 35 In areas where HMA will be placed, use sand slurry to fill the cracks. 36 37 5-04.3(4)A3 Crack Sealing Areas Not to be Paved 38 In areas where HMA will not be placed, fill the cracks as follows: 39 40 1. Cracks ¼ inch to 1 inch in width - fill with hot poured sealant. 41 42 2. Cracks greater than 1 inch in width – fill with sand slurry. 43 44 5-04.3(4)B Soil Residual Herbicide 45 Where shown in the Plans, apply one application of an approved soil residual 46 herbicide. Comply with Section 8-02.3(3)B. Complete paving within 48 hours of 47 applying the herbicide. 48 49 Use herbicide registered with the Washington State Department of Agriculture 50 for use under pavement. Before use, obtain the Engineer’s approval of the 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 herbicide and the proposed rate of application. Include the following 1 information in the request for approval of the material: 2 3 1. Brand Name of the Material, 4 5 2. Manufacturer, 6 7 3. Environmental Protection Agency (EPA) Registration Number, 8 9 4. Material Safety Data Sheet, and 10 11 5. Proposed Rate of Application. 12 13 5-04.3(4)C Pavement Repair 14 Excavate pavement repair areas and backfill these with HMA in accordance 15 with the details shown in the Plans and as staked. Conduct the excavation 16 operations in a manner that will protect the pavement that is to remain. Repair 17 pavement not designated to be removed that is damaged as a result of the 18 Contractor’s operations to the satisfaction of the Engineer at no cost to the 19 Contracting Agency. Excavate only within one lane at a time unless approved 20 otherwise by the Engineer. Do not excavate more area than can be completely 21 backfilled and compacted during the same shift. 22 23 Unless otherwise shown in the Plans or determined by the Engineer, excavate 24 to a depth of 1.0 feet. The Engineer will make the final determination of the 25 excavation depth required. 26 27 The minimum width of any pavement repair area shall be 40 inches unless 28 shown otherwise in the Plans. Before any excavation, sawcut the perimeter of 29 the pavement area to be removed unless the pavement in the pavement repair 30 area is to be removed by a pavement grinder. 31 32 Excavated materials shall be the property of the Contractor and shall be 33 disposed of in a Contractor-provided site off the Right of Way or used in 34 accordance with Sections 2-02.3(3) or 9-03.21. 35 36 Apply a heavy application of tack coat to all surfaces of existing pavement in 37 the pavement repair area, in accordance with Section 5-04.3(4). 38 39 Place the HMA backfill in lifts not to exceed 0.35-foot compacted depth. 40 Thoroughly compact each lift by a mechanical tamper or a roller. 41 42 5-04.3(5) Producing/Stockpiling Aggregates, RAP, & RAS 43 Produce aggregate in compliance with Section 3-01. Comply with Section 3-02 44 for preparing stockpile sites, stockpiling, and removing from stockpile each of 45 the following: aggregates, RAP, and RAS. Provide sufficient storage space for 46 each size of aggregate, RAP and RAS. Fine aggregate or RAP may be 47 uniformly blended with the RAS as a method of preventing the agglomeration 48 of RAS particles. Remove the aggregates, RAP and RAS from stockpile(s) in a 49 manner that ensures minimal segregation when being moved to the HMA plant 50 for processing into the final mixture. Keep different aggregate sizes separated 51 until they have been delivered to the HMA plant. 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 5-04.3(5)A Stockpiling RAP or RAS for High RAP/Any RAS Mixes 2 Do not place any RAP or RAS into a stockpile which has been 3 sequestered for a High RAP/Any RAS mix design. Do not incorporate any 4 RAP or RAS into a High RAP/Any RAS mixture from any source other 5 than the stockpile which was sequestered for approval of that particular 6 High RAP/Any RAS mix design. 7 8 RAP that is used in a Low RAP/No RAS mix is not required to come from 9 a sequestered stockpile. 10 11 5-04.3(6) Mixing 12 The asphalt supplier shall introduce anti-stripping additive, in the amount 13 designated on the QPL for the mix design, into the asphalt binder prior to 14 shipment to the asphalt mixing plant. 15 16 Anti-strip is not required for temporary work that will be removed prior to 17 Physical Completion. 18 19 Use asphalt binder of the grade, and from the supplier, in the approved mix 20 design. 21 22 Prior to introducing reclaimed materials into the asphalt plant, remove wire, 23 nails, and other foreign material. Discontinue use of the reclaimed material if 24 the Engineer, in their sole discretion, determines the wire, nails, or other 25 foreign material to be excessive. 26 27 Size RAP and RAS prior to entering the mixer to provide uniform and 28 thoroughly mixed HMA. If there is evidence of the RAP or RAS not breaking 29 down during the heating and mixing of the HMA, immediately suspend the use 30 of the RAP or RAS until changes have been approved by the Engineer. 31 32 After the required amount of mineral materials, RAP, RAS, new asphalt binder 33 and recycling agent have been introduced into the mixer, mix the HMA until 34 complete and uniform coating of the particles and thorough distribution of the 35 asphalt binder throughout the mineral materials, RAP and RAS is ensured. 36 37 Upon discharge from the mixer, ensure that the temperature of the HMA does 38 not exceed the optimum mixing temperature shown on the approved Mix 39 Design Report by more than 25°F, or as approved by the Engineer. When a 40 WMA additive is included in the manufacture of HMA, do not heat the WMA 41 additive (at any stage of production including in binder storage tanks) to a 42 temperature higher than the maximum recommended by the manufacturer of 43 the WMA additive. 44 45 A maximum water content of 2 percent in the mix, at discharge, will be allowed 46 providing the water causes no problems with handling, stripping, or flushing. If 47 the water in the HMA causes any of these problems, reduce the moisture 48 content. 49 50 During the daily operation, HMA may be temporarily held in approved storage 51 facilities. Do not incorporate HMA into the Work that has been held for more 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 than 24 hours after mixing. Provide an easily readable, low bin-level indicator 1 on the storage facility that indicates the amount of material in storage. Waste 2 the HMA in storage when the top level of HMA drops below the top of the cone 3 of the storage facility, except as the storage facility is being emptied at the end 4 of the working shift. Dispose of rejected or waste HMA at no expense to the 5 Contracting Agency. 6 7 5-04.3(7) Spreading and Finishing 8 Do not exceed the maximum nominal compacted depth of any layer in any 9 course, as shown in Table 6, unless approved by the Engineer: 10 11 Table 6 Maximum Nominal Compacted Depth of Any Layer HMA Class Wearing Course Other than Wearing Course 1 inch 0.35 feet 0.35 feet ¾ and ½ inch 0.30 feet 0.35 feet 3⁄8 inch 0.15 feet 0.15 feet 12 Use HMA pavers complying with Section 5-04.3(3) to distribute the mix. On 13 areas where irregularities or unavoidable obstacles make the use of 14 mechanical spreading and finishing equipment impractical, the paving may be 15 done with other equipment or by hand. 16 17 When more than one JMF is being utilized to produce HMA, place the material 18 produced for each JMF with separate spreading and compacting equipment. 19 Do not intermingle HMA produced from more than one JMF. Each strip of HMA 20 placed during a work shift shall conform to a single JMF established for the 21 class of HMA specified unless there is a need to make an adjustment in the 22 JMF. 23 24 5-04.3(8) Aggregate Acceptance Prior to Incorporation in HMA 25 Sample aggregate for meeting the requirements of Section 3-04 prior to being 26 incorporated into HMA. (The acceptance data generated for the Section 3-04 27 acceptance analysis will not be commingled with the acceptance data 28 generated for the Section 5-04.3(9) acceptance analysis.) Aggregate 29 acceptance samples shall be taken as described in Section 3-04. Aggregate 30 acceptance testing will be performed by the Contracting Agency. Aggregate 31 contributed from RAP and/or RAS will not be evaluated under Section 3-04. 32 33 For aggregate that will be used in HMA mixture which will be accepted by 34 either Statistical or Nonstatistical Evaluation, the Contracting Agency’s 35 acceptance of the aggregate will be based on: 36 37 1. Samples taken prior to mixing with asphalt binder, RAP, or RAS; 38 39 2. Testing for the materials properties of fracture, uncompacted void 40 content, and sand equivalent; 41 42 3. Evaluation by the Contracting Agency in accordance with Section 3-43 04, including price adjustments as described therein. 44 45 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 For aggregate that will be used in HMA which will be accepted by Visual 1 Evaluation, evaluation in accordance with items 1, 2, and 3 above is at the 2 discretion of the Engineer. 3 4 5-04.3(9) HMA Mixture Acceptance 5 The Contracting Agency will evaluate HMA mixture for acceptance by one of 6 three methods as determined from the criteria in Table 7. 7 8 Table 7 Basis of Acceptance for HMA Mixture Visual Evaluation Nonstatistical Evaluation Statistical Evaluation Criteria for Selecting the Evaluation Method • Commercial HMA placed at any location • Any HMA placed in: o sidewalks o road approaches o ditches o slopes o paths o trails o gores o prelevel o temporary pavement1 o pavement repair • Other nonstructural applications of HMA as approved by the Engineer • All HMA mixture of the same class and PG binder grade with a Proposal quantity less than 4,000 tons. (Exclude the tonnage of HMA mixture accepted by Visual Evaluation.) • All HMA mixture other than that accepted by Visual or Nonstatistical Evaluation 1 Temporary pavement is HMA that will be removed before Physical Completion of the Contract. 9 5-04.3(9)A Mixture Acceptance – Test Section 10 This Section applies to HMA mixture accepted by Statistical Evaluation 11 and mixture accepted by Nonstatistical Evaluation. A test section is not 12 allowed for HMA accepted by Visual Evaluation. 13 14 The purpose of a test section is to determine, at the beginning of paving, 15 whether or not the Contractor’s mix design and production processes will 16 produce HMA meeting the Contract requirements related to mixture. 17 18 Use Table 8 to determine when a test section is required, optional, or not 19 allowed, and to determine when test sections may end for an individual 20 mix design. Each mix design will be evaluated independently for the test 21 section requirements. 22 23 Construct HMA mixture test sections at the beginning of paving, using at 24 least 600 tons and a maximum of 1,000 tons or as approved by the 25 Engineer. Each test section shall be constructed in one continuous 26 operation. Each test section shall be considered a lot. The mixture in each 27 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 test section will be evaluated based on the criteria in Table 9 to determine 1 if test sections for that mix design may stop. 2 3 If more than one test section is required, each test section shall be 4 separately by the criteria in table 8 and 9. 5 6 Table 8 Criteria for Conducting and Evaluating HMA Mix Texture Sections (For HMA Mixture Accepted by Statistical or Nonstatistical Evaluation) High RAP/Any RAS Low RAP/No RAS Is Mixture Test Section Optional or Mandatory? Mandatory1 At Contractor’s Option3 Waiting period after paving the test section. 4 calendar days2 4 calendar days2 What Must Happen to Stop Performing Test Sections? Meet “Results Required to Stop Performing Test Sections” in Table 9 for High RAP/Any RAS. Provide samples and respond to WSDOT test results required by Table 9 for Low RAP/No RAS. 1If a mix design has produced an acceptable test section on a previous contract (paved in the same calendar year, from the same plant, using the same JMF) the test section may be waived if approved by the Engineer. 2This is to provide time needed by the Contracting Agency to complete testing and the Contractor to adjust the mixture in response to those test results. Paving may resume when this is done. 3For HMA with Low RAP/No RAS, which is accepted by Nonstatistical Evaluation, a test section is not allowed. 7 Table 9 Results Required to Stop Performing HMA Mixture Test Sections1 (For HMA Mixture Accepted by Statistical or Nonstatistical Evaluation) Test Property Type of HMA High RAP/Any RAS Low RAP/No RAS Gradation Minimum PFi of 0.95 based on the criteria in Section 5- 04.3(9)B42 None4 Asphalt Binder Minimum PFi of 0.95 based on the criteria in Section 5- 04.3(9)B42 None4 Va Minimum PFi of 0.95 based on the criteria in Section 5- 04.3(9)B42 None4 Hamburg Wheel Track Indirect Tensile Strength Meet requirements of Section 9-03.8(2).3 These tests will not be done as part of AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 Test Section. Sand Equivalent Uncompacted Void Content Fracture Meet requirements of Section 9-03.8(2).3 None3 1In addition to the requirements of this table, acceptance of the HMA mixture used in each test section is subject to the acceptance criteria and price adjustments for Statistical Evaluation or Non-statistical Evaluation (see Table 7). 2Divide the test section lot into three sublots, approximately equal in size. Take one sample from each sublot, and test each sample for all of the properties in the first column. 3Take one sample for each test section lot. Test the sample for all of the properties in the first column. 4Divide the test section lot into three sublots, approximately equal in size. Take one sample from each sublot, and test each sample for all of the properties in the first column. There are no criteria for discontinuing test sections for these mixes; however, the contractor must comply with Section 5-04.3(11)F before resuming paving. 1 5-04.3(9)B Mixture Acceptance – Statistical Evaluation 2 5-04.3(9)B1 Mixture Statistical Evaluation – Lots and Sublots 3 HMA mixture which is accepted by Statistical Evaluation will be 4 evaluated by the Contracting Agency dividing that HMA tonnage into 5 mixture lots, and each mixture lot will be evaluated using stratified 6 random sampling by the Contracting Agency sub-dividing each 7 mixture lot into mixture sublots. All mixture in a mixture lot shall be of 8 the same mix design. The mixture sublots will be numbered in the 9 order in which the mixture (of a particular mix design) is paved. 10 11 Each mixture lot comprises a maximum of 15 mixture sublots, except: 12 13 • The final mixture lot of each mix design on the Contract will 14 comprise a maximum of 25 sublots. 15 • A mixture lot for a test section, which will consist of the three 16 sublots and corresponding test results used in evaluating 17 the test section for gradation, asphalt binder, and Va. 18 19 Each mixture sublot shall be approximately uniform in size with the 20 maximum mixture sublot size as specified in Table 10. The quantity of 21 material represented by the final mixture sublot of the project, for 22 each mix design on the project, may be increased to a maximum of 23 two times the mixture sublot quantity calculated. Should a lot 24 accepted by statistical evaluation contain fewer than three sublots, 25 the HMA will be accepted in accordance with nonstatistical 26 evaluation. 27 28 Table 10 Maximum HMA Mixture Sublot Size For HMA Accepted by Statistical Evaluation HMA Original Plan Quantity (tons)1 Maximum Sublot Size (tons)2 < 20,000 1,000 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 20,000 to 30,000 1,500 >30,000 2,000 1 “Plan quantity” means the plan quantity of all HMA of the same class and binder grade which is accepted by Statistical Evaluation. 2 The maximum sublot size for each combination of HMA class and binder grade shall be calculated separately. 1 • For a mixture lot in progress with a mixture CPF less than 2 0.75, a new mixture lot will begin at the Contractor’s request 3 after the Engineer is satisfied that material conforming to the 4 Specifications can be produced. See also Section 5-5 04.3(11)F. 6 7 • If, before completing a mixture lot, the Contractor requests a 8 change to the JMF which is approved by the Engineer, the 9 mixture produced in that lot after the approved change will 10 be evaluated on the basis of the changed JMF, and the 11 mixture produced in that lot before the approved change will 12 be evaluated on the basis of the unchanged JMF; however, 13 the mixture before and after the change will be evaluated in 14 the same lot. Acceptance of subsequent mixture lots will be 15 evaluated on the basis of the changed JMF. 16 17 5-04.3(9)B2 Mixture Statistical Evaluation – Sampling 18 Comply with Section 1-06.2(1). 19 20 Samples of HMA mixture which is accepted by Statistical Evaluation 21 will be randomly selected from within each sublot, with one sample 22 per sublot. The Engineer will determine the random sample location 23 using WSDOT Test Method T 716. The Contractor shall obtain the 24 sample when ordered by the Engineer. The Contractor shall sample 25 the HMA mixture in the presence of the Engineer and in accordance 26 with FOP for WAQTC T 168. 27 28 5-04.3(9)B3 Mixture Statistical Evaluation – Acceptance Testing 29 Comply with Section 1-06.2(1). 30 31 The Contracting Agency will test the mixture sample from each sublot 32 (including sublots in a test section) for the properties shown in Table 33 11. 34 35 Table 11 Testing Required for each HMA Mixture Sublot Test Procedure Performed by Va WSDOT SOP 731 Engineer Asphalt Binder Content FOP for AASHTO T 308 Engineer Gradation: Percent Passing 1½, 1 , ¾, ½, , No. 4, No. 8, No. 200 FOP for WAQTC T 27/T 11 Engineer AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 The mixture samples and tests taken for the purpose of determining 2 acceptance of the test section (as described in Section 5-04.3(9)A) 3 shall also be used as the test results for acceptance of the mixture 4 described in 5-04.3(9)B3, 5-04.3(9)B4, 5-04.3(9)B5, and 5-04.3(9)B6. 5 6 5-04.3(9)B4 Mixture Statistical Evaluation – Pay Factors 7 Comply with Section 1-06.2(2). 8 9 The Contracting Agency will determine a pay factor (PFi) for each of 10 the properties in Table 11, for each mixture lot, using the quality level 11 analysis in Section 1-06.2(2)D. For Gradation, a pay factor will be 12 calculated for each of the sieve sizes listed in Table 11 which is equal 13 to or smaller than the maximum allowable aggregate size (100 14 percent passing sieve) of the HMA mixture. The USL and LSL shall 15 be calculated using the Job Mix Formula Tolerances (for Statistical 16 Evaluation) in Section 9-03.8(7). 17 18 If a constituent is not measured in accordance with these 19 Specifications, its individual pay factor will be considered 1.00 in 20 calculating the Composite Pay Factor (CPF). 21 22 5-04.3(9)B5 Mixture Statistical Evaluation – Composite Pay 23 Factors (CPF) 24 Comply with Section 1-06.2(2). 25 26 In accordance with Section 1-06.2(2)D4, the Contracting Agency will 27 determine a Composite Pay Factor (CPF) for each mixture lot from 28 the pay factors calculated in Section 5-04.3(9)B4, using the price 29 adjustment factors in Table 12. Unless otherwise specified, the 30 maximum CPF for HMA mixture shall be 1.05. 31 32 Table 12 HMA Mixture Price Adjustment Factors Constituent Factor “f” All aggregate passing: 1½, 1 , ¾, ½, and No.4 sieves 2 All aggregate passing No. 8 sieve 15 All aggregate passing No. 200 sieve 20 Asphalt binder 40 Air Voids (Va) 20 33 5-04.3(9)B6 Mixture Statistical Evaluation – Price Adjustments 34 For each HMA mixture lot, a Job Mix Compliance Price Adjustment 35 will be determined and applied, as follows: 36 37 JMCPA = [0.60 x (CPF – 1.00)] x Q x UP 38 39 Where 40 41 JMCPA = Job Mix Compliance Price Adjustment for a given lot of 42 mixture ($) 43 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 CPF = Composite Pay factor for a given lot of mixture 1 (maximum is 1.05) 2 Q = Quantity in a given lot of mixture (tons) 3 UP = Unit price of the HMA in a given lot of mixture ($/ton) 4 5 5-04.3(9)B7 Mixture Statistical Evaluation – Retests 6 The Contractor may request that a mixture sublot be retested. To 7 request a retest, submit a written request to the Contracting Agency 8 within 7 calendar days after the specific test results have been posted 9 to the website or emailed to the Contractor, whichever occurs first. 10 The Contracting Agency will send a split of the original acceptance 11 sample for testing by the Contracting Agency to either the Region 12 Materials Laboratory or the State Materials Laboratory as determined 13 by the Engineer. The Contracting Agency will not test the split of the 14 sample with the same equipment or by the same tester that ran the 15 original acceptance test. The sample will be tested for a complete 16 gradation analysis, asphalt binder content, and Va, and the results of 17 the retest will be used for the acceptance of the HMA mixture in place 18 of the original mixture sublot sample test results. The cost of testing 19 will be deducted from any monies due or that may come due the 20 Contractor under the Contract at the rate of $250 per sample. 21 22 5-04.3(9)C Mixture Acceptance – Nonstatistical Evaluation 23 5-04.3(9)C1 Mixture Nonstatistical Evaluation – Lots, Sublots, 24 Sampling, Test Section, Testing, Retests 25 For HMA mixture accepted by Nonstatistical Evaluation, comply with 26 the requirements in Table 13: 27 28 Table 13 Nonstatistical Evaluation Lots, Sublots, Sampling, Test Section, Testing, Retests Comply with the Specifications Below Comply with the Requirements of the Section for: Test Section Section 5-04.3(9)A Nonstatistical Evaluation Lots and Sublots Section 5-04.3(9)B1 Statistical Evaluation Sampling Section 5-04.3(9)B2 Statistical Evaluation Acceptance Tests Section 5-04.3(9)B3 Statistical Evaluation Retests Section 5-04.3(9)B7 Statistical Evaluation 29 5-04.3(9)C2 Mixture Nonstatistical Evaluation - Acceptance 30 Each mixture lot of HMA produced under Nonstatistical Evaluation, 31 for which all sublot acceptance test results (required by Table 13) fall 32 within the Job Mix Formula Tolerances for Nonstatistical Evaluation in 33 Section 9-03.8(7), will be accepted at the unit Contract price with no 34 further evaluation. 35 36 5-04.3(9)C3 Mixture Nonstatistical Evaluation – Out of Tolerance 37 Procedures 38 Each mixture lot of HMA produced under Nonstatistical Evaluation, 39 for which any sublot acceptance test result (required by Table 13) 40 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 falls outside of the Job Mix Formula Tolerances for Nonstatistical 1 Evaluation in Section 9-03.8(7), shall be evaluated in accordance with 2 Section 1-06.2 and Table 14 to determine a Job Mix Compliance 3 Price Adjustment. 4 5 Table 14 Nonstatistical Evaluation – Out of Tolerance Procedures Comply with the Following1 Pay Factors2 Section 5-04.3(9)B4 Composite Pay Factors3 Section 5-04.3(9)B5 Price Adjustments Section 5-04.3(9)B6 1When less than three mixture sublots exist, backup samples of the existing mixture sublots shall be tested to provide a minimum of three sets of results for evaluation. If enough backup samples are not available, the Contracting Agency will select core sample locations from the Roadway in accordance with WSDOT Test Method T 716, take cores from the roadway in accordance with WSDOT SOP 734, and test the cores in accordance with WSDOT SOP 737. 2The Nonstatistical Evaluation tolerance limits in Section 9-03.8(7) will be used in the calculation of the PFi. 3The maximum CPF shall be 1.00. 6 5-04.3(9)D Mixture Acceptance – Visual Evaluation 7 Visual Evaluation of HMA mixture will be by visual inspection by the 8 Engineer or, in the sole discretion of the Engineer, the Engineer may 9 sample and test the mixture. 10 11 5-04.3(9)D1 Mixture Visual Evaluation – Lots, Sampling, Testing, 12 Price Adjustments 13 HMA mixture accepted by Visual Evaluation will not be broken into 14 lots unless the Engineer determines that testing is required. When 15 that occurs, the Engineer will identify the limits of the questionable 16 HMA mixture, and that questionable HMA mixture shall constitute a 17 lot. Then, the Contractor will take samples from the truck, or the 18 Engineer will take core samples from the roadway at a minimum of 19 three random locations from within the lot, selected in accordance 20 with WSDOT Test Method T 716, taken from the roadway in 21 accordance with WSDOT SOP 734, and tested in accordance with 22 WSDOT SOP 737. The Engineer will test one of the samples for all 23 constituents in Section 5-04.3(9)B3. If all constituents from that test 24 fall within the Job Mix Formula Tolerances (for Visual Evaluation) in 25 Section 9-03.8(7), the lot will be accepted at the unit Contract price 26 with no further evaluation. 27 28 When one or more constituents fall outside those tolerance limits, the 29 other samples will be tested for all constituents in Section 5-30 04.3(9)B3, and a Job Mix Compliance Price Adjustment will be 31 calculated in accordance with Table 15. 32 33 Table 15 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 Visual Evaluation – Out of Tolerance Procedures Comply with the Following Pay Factors1 Section 5-04.3(9)B4 Composite Pay Factors2 Section 5-04.3(9)B5 Price Adjustments Section 5-04.3(9)B6 1The Visual Evaluation tolerance limits in Section 9-03.8(7) will be used in the calculation of the PFi. 2The maximum CPF shall be 1.00. 1 5-04.3(9)E Mixture Acceptance – Notification of Acceptance Test 2 Results 3 The results of all mixture acceptance testing and the Composite Pay 4 Factor (CPF) of the lot after three sublots have been tested will be 5 available to the Contractor through The Contracting Agency’s website. 6 7 The Contracting Agency will endeavor to provide written notification (via 8 email to the Contractor’s designee) of acceptance test results through its 9 web-based materials testing system Statistical Analysis of Materials 10 (SAM) within 24 hours of the sample being made available to the 11 Contracting Agency. However, the Contractor agrees: 12 13 1. Quality control, defined as the system used by the Contractor to 14 monitor, assess, and adjust its production processes to ensure 15 that the final HMA mixture will meet the specified level of quality, 16 is the sole responsibility of the Contractor. 17 18 2. The Contractor has no right to rely on any testing performed by 19 the Contracting Agency, nor does the Contractor have any right 20 to rely on timely notification by the Contracting Agency of the 21 Contracting Agency’s test results (or statistical analysis thereof), 22 for any part of quality control and/or for making changes or 23 correction to any aspect of the HMA mixture. 24 25 3. The Contractor shall make no claim for untimely notification by 26 the Contracting Agency of the Contracting Agency’s test results 27 or statistical analysis. 28 29 5-04.3(10) HMA Compaction Acceptance 30 For all HMA, the Contractor shall comply with the General Compaction 31 Requirements in Section 5-04.3(10)A. The Contracting Agency will evaluate all 32 HMA for compaction compliance with one of the following - Statistical 33 Evaluation, Visual Evaluation, or Test Point Evaluation - determined by the 34 criteria in Table 16: 35 36 Table 16 Criteria for Determining Method of Evaluation for HMA Compaction1 Statistical Evaluation of HMA Compaction is Required For: Visual Evaluation of HMA Compaction is Required For: Test Point Evaluation of HMA Compaction is Required For: AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 • Any HMA for which the specified course thickness is greater than 0.10 feet, and the HMA is in: o traffic lanes, including but not limited to: • ramp lanes • truck climbing lanes • weaving lanes • speed change lanes • “HMA for Preleveling…” • “HMA for Pavement Repair…” • Any HMA not meeting the criteria for Statistical Evaluation or Visual Evaluation 1This table applies to all HMA, and shall be the sole basis for determining the acceptance method for compaction. 1 The Contracting Agency may, at its sole discretion, evaluate any HMA for 2 compliance with the Cyclic Density requirements of Section 5-04.3(10)B. 3 4 5-04.3(10)A HMA Compaction – General Compaction Requirements 5 Immediately after the HMA has been spread and struck off, and after 6 surface irregularities have been adjusted, thoroughly and uniformly 7 compact the mix. The completed course shall be free from ridges, ruts, 8 humps, depressions, objectionable marks, and irregularities and shall 9 conform to the line, grade, and cross-section shown in the Plans. If 10 necessary, alter the JMF in accordance with Section 9-03.8(7) to achieve 11 desired results. 12 13 Compact the mix when it is in the proper condition so that no undue 14 displacement, cracking, or shoving occurs. Compact areas inaccessible to 15 large compaction equipment by mechanical or hand tampers. Remove 16 HMA that becomes loose, broken, contaminated, shows an excess or 17 deficiency of asphalt, or is in any way defective. Replace the removed 18 material with new HMA, and compact it immediately to conform to the 19 surrounding area. 20 21 The type of rollers to be used and their relative position in the compaction 22 sequence shall generally be the Contractor’s option, provided the 23 specified densities are attained. An exception shall be that pneumatic tired 24 rollers shall be used for compaction of the wearing course beginning 25 October 1st of any year through March 31st of the following year. Coverage 26 with a steel wheel roller may precede pneumatic tired rolling. Unless 27 otherwise approved by the Engineer, operate rollers in the static mode 28 when the internal temperature of the mix is less than 175°F. Regardless of 29 mix temperature, do not operate a roller in a mode that results in checking 30 or cracking of the mat. 31 32 On bridge decks and on the five feet of roadway approach immediately 33 adjacent to the end of bridge/back of pavement seat, operate rollers in 34 static mode only. 35 36 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 5-04.3(10)B HMA Compaction – Cyclic Density 1 Low cyclic density areas are defined as spots or streaks in the pavement 2 that are less than 90 percent of the theoretical maximum density. At the 3 Engineer’s discretion, the Engineer may evaluate the HMA pavement for 4 low cyclic density, and when doing so will follow WSDOT SOP 733. A 5 $500 Cyclic Density Price Adjustment will be assessed for any 500-foot 6 section with two or more density readings below 90 percent of the 7 theoretical maximum density. 8 9 5-04.3(10)C HMA Compaction Acceptance – Statistical Evaluation 10 HMA compaction which is accepted by Statistical Evaluation will be based 11 on acceptance testing performed by the Contracting Agency, and 12 statistical analysis of those acceptance tests results. This will result in a 13 Compaction Price Adjustment. 14 15 5-04.3(10)C1 HMA Compaction Statistical Evaluation – Lots and 16 Sublots 17 HMA compaction which is accepted by Statistical Evaluation will be 18 evaluated by the Contracting Agency dividing the project into 19 compaction lots, and each compaction lot will be evaluated using 20 stratified random sampling by the Contracting Agency sub-dividing 21 each compaction lot into compaction sublots. All mixture in any 22 individual compaction lot shall be of the same mix design. The 23 compaction sublots will be numbered in the order in which the mixture 24 (of a particular mix design) is paved. 25 26 Each compaction lot comprises a maximum of 15 compaction sublots, 27 except for the final compaction lot of each mix design on the Contract, 28 which comprises a maximum of 25 sublots. 29 30 Each compaction sublot shall be uniform in size as shown in Table 31 17, except that the last compaction sublot of each day may be 32 increased to a maximum of two times the compaction sublot quantity 33 calculated. Minor variations in the size of any sublot shall not be 34 cause to invalidate the associated test result. 35 36 Table 17 HMA Compaction Sublot Size HMA Original Plan Quantity (tons)1 Compaction Sublot Size (tons) <20,000 100 20,000 to 30,000 150 >30,000 200 1 In determining the plan quantity tonnage, do not include any tons accepted by test point evaluation. 37 The following will cause one compaction lot to end prematurely and a 38 new compaction lot to begin: 39 40 • For a compaction lot in progress with a compaction CPF 41 less than 0.75, a new compaction lot will begin at the 42 Contractor’s request after the Engineer is satisfied that 43 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 material conforming to the Specifications can be produced. 1 See also Section 5-04.3(11)F. 2 3 5-04.3(10)C2 HMA Compaction Statistical Evaluation – 4 Acceptance Testing 5 Comply with Section 1-06.2(1). 6 7 The location of HMA compaction acceptance tests will be randomly 8 selected by the Contracting Agency from within each sublot, with one 9 test per sublot. The Contracting Agency will determine the random 10 sample location using WSDOT Test Method T 716. 11 12 Use Table 18 to determine compaction acceptance test procedures 13 and to allocate compaction acceptance sampling and testing 14 responsibilities between the Contractor and the Contracting Agency. 15 Roadway cores shall be taken or nuclear density testing shall occur 16 after completion of the finish rolling, prior to opening to traffic, and on 17 the same day that the mix is placed. 18 19 Table 18 HMA Compaction Acceptance Testing Procedures and Responsibilities When Contract Includes Bid Item “Roadway Cores” When Contract Does Not Include Bid Item “Roadway Cores” Basis for Test: Roadway Cores Roadway Cores3 Nuclear Density Gauge3 In-Place Density Determined by: Contractor shall take cores1 using WSDOT SOP 7342 Contracting Agency will determine core density using FOP for AASHTO T 166 Contracting Agency will take cores1 using WSDOT SOP 734 Contracting Agency will determine core density using FOP for AASHTO T 166 Contracting Agency, using FOP for WAQTC TM 8 Theoretical Maximum Density Determined by: Contracting Agency, using FOP for AASHTO T 209 Rolling Average of Theoretical Maximum Densities Determined by: Contracting Agency, using WSDOT SOP 729 Percent Contracting Contracting Contracting AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 Compaction in Each Sublot Determined by: Agency, using WSDOT SOP 736 Agency, using WSDOT SOP 736 Agency, using FOP for WAQTC TM 8 1The core diameter shall be 4-inches unless otherwise approved by the Engineer. 2The Contractor shall take the core samples in the presence of the Engineer, at locations designated by the Engineer, and deliver the core samples to the Contracting Agency. 3The Contracting Agency will determine, in its sole discretion, whether it will take cores or use the nuclear density gauge to determine in- place density. Exclusive reliance on cores for density acceptance is generally intended for small paving projects and is not intended as a replacement for nuclear gauge density testing on typical projects. 1 When using the nuclear density gauge for acceptance testing of 2 pavement density, the Engineer will follow WSDOT SOP 730 for 3 correlating the nuclear gauge with HMA cores. When cores are 4 required for the correlation, coring and testing will be by the 5 Contracting Agency. When a core is taken for gauge correlation at the 6 location of a sublot, the relative density of the core will be used for the 7 sublot test result and is exempt from retesting. 8 9 5-04.3(10)C3 HMA Statistical Compaction – Price Adjustments 10 For each HMA compaction lot (that is accepted by Statistical 11 Evaluation) which has less than three compaction sublots, for which 12 all compaction sublots attain a minimum of 91 percent compaction 13 determined in accordance with FOP for WAQTC TM 8 (or WSDOT 14 SOP 736 when provided by the Contract), the HMA will be accepted 15 at the unit Contract price with no further evaluation. 16 17 For each HMA compaction lot (that is accepted by Statistical 18 Evaluation) which does not meet the criteria in the preceding 19 paragraph, the compaction lot shall be evaluated in accordance with 20 Section 1-06.2(2) to determine the appropriate Compaction Price 21 Adjustment (CPA). All of the test results obtained from the 22 acceptance samples from a given compaction lot shall be evaluated 23 collectively. Additional testing by either a nuclear density gauge or 24 cores will be completed as required to provide a minimum of three 25 tests for evaluation. 26 27 For the statistical analysis in Section 1-06.2, use the following values: 28 29 x = Percent compaction of each sublot 30 USL = 100 31 LSL= 91 32 33 Each CPA will be determined as follows: 34 35 CPA = [0.40 x (CPF – 1.00)] x Q x UP 36 37 Where 38 39 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 CPA = Compaction Price Adjustment for the compaction lot 1 ($) 2 CPF = Composite Pay Factor for the compaction lot 3 (maximum is 1.05) 4 Q = Quantity in the compaction lot (tons) 5 UP = Unit price of the HMA in the compaction lot ($/ton) 6 7 5-04.3(10)C4 HMA Statistical Compaction – Requests for 8 Retesting 9 For a compaction sublot that has been tested with a nuclear density 10 gauge that did not meet the minimum of 91 percent of the theoretical 11 maximum density in a compaction lot with a CPF below 1.00 and thus 12 subject to a price reduction or rejection, the Contractor may request 13 that a core, taken at the same location as the nuclear density test, be 14 used for determination of the relative density of the compaction 15 sublot. The relative density of the core will replace the relative density 16 determined by the nuclear density gauge for the compaction sublot 17 and will be used for calculation of the CPF and acceptance of HMA 18 compaction lot. When cores are taken by the Contracting Agency at 19 the request of the Contractor, they shall be requested by noon of the 20 next workday after the test results for the compaction sublot have 21 been provided or made available to the Contractor. Traffic control 22 shall be provided by the Contractor as requested by the Engineer. 23 Failure by the Contractor to provide the requested traffic control will 24 result in forfeiture of the request for retesting. When the CPF for the 25 compaction lot based on the results of the cores is less than 1.00, the 26 Contracting Agency will deduct the cost for the coring from any 27 monies due or that may become due the Contractor under the 28 Contract at the rate of $200 per core and the Contractor shall pay for 29 the cost of the traffic control. 30 31 5-04.3(10)D HMA Compaction – Visual Evaluation 32 Visual Evaluation will be the basis of acceptance for compaction of the Bid 33 items “HMA for Pavement Repair Cl. ___ PG ___”and “HMA for 34 Prelevelling Class___ PG___”. This HMA shall be thoroughly compacted 35 to the satisfaction of the Engineer. HMA that is used to prelevel wheel 36 ruts shall be compacted with a pneumatic tire roller. 37 38 5-04.3(10)E HMA Compaction – Test Point Evaluation 39 When compaction acceptance is by Test Point Evaluation, compact HMA 40 based on a test point evaluation of the compaction train. Perform the test 41 point evaluation in accordance with instructions from the Engineer. The 42 number of passes with an approved compaction train, required to attain 43 the maximum test point density, shall be used on all subsequent paving. 44 45 5-04.3(10)F HMA Compaction Acceptance – Notification of 46 Acceptance Test Results 47 The obligations and responsibilities for notifying the Contractor of 48 compaction acceptance test results are the same as for mixture 49 acceptance test results. See Section 5-04.3(9)E. 50 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 5-04.3(11) Reject Work 1 This Section applies to HMA and all requirements related to HMA (except 2 aggregates prior to being incorporated into HMA). For rejection of aggregate 3 prior to its incorporation into HMA refer to Section 3-04. 4 5 5-04.3(11)A Reject Work – General 6 Work that is defective or does not conform to Contract requirements shall 7 be rejected. 8 9 5-04.3(11)B Rejection by Contractor 10 The Contractor may, prior to acceptance sampling and testing, elect to 11 remove any defective material and replace it with new material. Any such 12 new material will be sampled, tested, and evaluated for acceptance. 13 14 5-04.3(11)C Rejection Without Testing (Mixture or Compaction) 15 The Engineer may, without sampling, reject any batch, load, or section of 16 Roadway that appears defective. Material rejected before placement shall 17 not be incorporated into the pavement. 18 19 No payment will be made for the rejected materials or the removal of the 20 materials unless the Contractor requests the rejected material to be 21 tested. If the Contractor requests testing, acceptance will be by Statistical 22 Evaluation, and a minimum of three samples will be obtained and tested. 23 When uncompacted material is required for testing but not available, the 24 Engineer will determine random sample locations on the roadway in 25 accordance with WSDOT Test Method T 716, take cores in accordance 26 with WSDOT SOP 734, and test the cores in accordance with WSDOT 27 SOP 737. 28 29 If the CPF for the rejected material is less than 0.75, no payment will be 30 made for the rejected material; in addition, the cost of sampling and 31 testing shall be borne by the Contractor. If the CPF is greater than or 32 equal to 0.75, the cost of sampling and testing will be borne by the 33 Contracting Agency. If the material is rejected before placement and the 34 CPF is greater than or equal to 0.75, compensation for the rejected 35 material will be at a CPF of 0.75. If rejection occurs after placement and 36 the CPF is greater than or equal to 0.75, compensation for the rejected 37 material will be at the calculated CPF with an addition of 25 percent of the 38 unit Contract price added for the cost of removal and disposal. 39 40 5-04.3(11)D Rejection – A Partial Sublot (Mixture or Compaction) 41 In addition to the random acceptance sampling and testing, the Engineer 42 may also isolate from a mixture or compaction sublot any material that is 43 suspected of being defective in relative density, gradation or asphalt 44 binder content. Such isolated material will not include an original sample 45 location. The Contracting Agency will obtain a minimum of three random 46 samples of the suspect material and perform the testing. When 47 uncompacted material is required for testing but is not available, the 48 Engineer will select random sample locations on the roadway in 49 accordance with WSDOT Test Method T 716, take cores samples in 50 accordance with WSDOT SOP 734, and test the material in accordance 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 with WSDOT SOP 737. The material will then be statistically evaluated as 1 an independent lot in accordance with Section 1-06.2(2). 2 3 5-04.3(11)E Rejection – An Entire Sublot (Mixture or Compaction) 4 An entire mixture or compaction sublot that is suspected of being defective 5 may be rejected. When this occurs, a minimum of two additional random 6 samples from this sublot will be obtained. When uncompacted material is 7 required for the additional samples but the material has been compacted, 8 the Contracting Agency will take and test cores from the roadway as 9 described in Section 5-04.3(11)D. The additional samples and the original 10 sublot will be evaluated as an independent lot in accordance with Section 11 1-06.2(2). 12 13 5-04.3(11)F Rejection - A Lot in Progress (Mixture or Compaction) 14 The Contractor shall shut down operations and shall not resume HMA 15 placement until such time as the Engineer is satisfied that material 16 conforming to the Specifications can be produced when: 17 18 1. the Composite Pay Factor (CPF) of a mixture or compaction lot 19 in progress drops below 1.00 and the Contractor is taking no 20 corrective action, or 21 22 2. the Pay Factor (PFi) for any constituent of a mixture or 23 compaction lot in progress drops below 0.95 and the Contractor 24 is taking no corrective action, or 25 26 3. either the PFi for any constituent (or the CPF) of a mixture or 27 compaction lot in progress is less than 0.75. 28 29 5-04.3(11)G Rejection – An Entire Lot (Mixture or Compaction) 30 An entire lot with a CPF of less than 0.75 will be rejected. 31 32 5-04.3(12) Joints 33 5-04.3(12)A Transverse Joints 34 Conduct operations such that placement of the top or wearing course is a 35 continuous operation or as close to continuous as possible. Unscheduled 36 transverse joints will be allowed, but the roller may pass over the 37 unprotected end of the freshly laid HMA only when the placement of the 38 course is discontinued for such a length of time that the HMA will cool 39 below compaction temperature. When the Work is resumed, cut back the 40 previously compacted HMA to produce a slightly beveled edge for the full 41 thickness of the course. 42 43 Construct a temporary wedge of HMA on a 50H:1V where a transverse 44 joint as a result of paving or planing is open to traffic. Separate the HMA in 45 the temporary wedge from the permanent HMA upon which it is placed by 46 strips of heavy wrapping paper or other methods approved by the 47 Engineer. Remove the wrapping paper and trim the joint to a slightly 48 beveled edge for the full thickness of the course prior to resumption of 49 paving. 50 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 Waste the material that is cut away and place new HMA against the cut. 1 Use rollers or tamping irons to seal the joint. 2 3 5-04.3(12)B Longitudinal Joints 4 Offset the longitudinal joint in any one course from the course immediately 5 below by not more than 6 inches nor less than 2 inches. Locate all 6 longitudinal joints constructed in the wearing course at a lane line or an 7 edge line of the Traveled Way. Construct a notched wedge joint along all 8 longitudinal joints in the wearing surface of new HMA unless otherwise 9 approved by the Engineer. The notched wedge joint shall have a vertical 10 edge of not less than the maximum aggregate size nor more than ½ of the 11 compacted lift thickness, and then taper down on a slope not steeper than 12 4H:1V. Uniformly compact the sloped portion of the HMA notched wedge 13 joint. 14 15 On one-lane ramps a longitudinal joint may be constructed at the center of 16 the traffic lane, subject to approval by the Engineer, if: 17 18 1. The ramp must remain open to traffic, or 19 20 2. The ramp is closed to traffic and a hot-lap joint is constructed. 21 22 a. Two paving machines shall be used to construct the hot-lap 23 joint. 24 25 b. The pavement within 6 inches of the hot-lap joint will not be 26 excluded from random location selection for compaction 27 testing. 28 29 c. Construction equipment other than rollers shall not operate 30 on any uncompacted HMA. 31 32 When HMA is placed adjacent to cement concrete pavement, construct 33 longitudinal joints between the HMA and the cement concrete pavement. 34 Saw the joint to the dimensions shown on Standard Plan A-40.10 and fill 35 with joint sealant meeting the requirements of Section 9-04.2. 36 37 5-04.3(13) Surface Smoothness 38 The completed surface of all courses shall be of uniform texture, smooth, 39 uniform as to crown and grade, and free from defects of all kinds. The 40 completed surface of the wearing course shall not vary more than inch from 41 the lower edge of a 10-foot straightedge placed on the surface parallel to the 42 centerline. The transverse slope of the completed surface of the wearing 43 course shall vary not more than ¼ inch in 10 feet from the rate of transverse 44 slope shown in the Plans. 45 46 When deviations in excess of the above tolerances are found that result from 47 a high place in the HMA, correct the pavement surface by one of the 48 following methods: 49 50 1. Remove material from high places by grinding with an approved 51 grinding machine, or 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 2. Remove and replace the wearing course of HMA, or 2 3 3. By other method approved by the Engineer. 4 5 Correct defects until there are no deviations anywhere greater than the 6 allowable tolerances. 7 8 Deviations in excess of the above tolerances that result from a low place in the 9 HMA and deviations resulting from a high place where corrective action, in the 10 opinion of the Engineer, will not produce satisfactory results will be accepted 11 with a price adjustment. The Engineer shall deduct from monies due or that 12 may become due to the Contractor the sum of $500.00 for each and every 13 section of single traffic lane 100 feet in length in which any excessive 14 deviations described above are found. 15 16 When portland cement concrete pavement is to be placed on HMA, the 17 surface tolerance of the HMA shall be such that no surface elevation lies 18 above the Plan grade minus the specified Plan depth of portland cement 19 concrete pavement. Prior to placing the portland cement concrete pavement, 20 bring any such irregularities to the required tolerance by grinding or other 21 means approved by the Engineer. 22 23 When utility appurtenances such as manhole covers and valve boxes are 24 located in the Traveled Way, pave the Roadway before the utility 25 appurtenances are adjusted to the finished grade. 26 27 5-04.3(14) Planing Bituminous Pavement 28 Plane in such a manner that the underlying pavement is not torn, broken, or 29 otherwise damaged by the planing operation. Delamination or raveling of the 30 underlying pavement will not be construed as damage due to the Contractor’s 31 operations. Pavement outside the limits shown in the Plans or designated by 32 the Engineer that is damaged by the Contractor’s operations shall be repaired 33 to the satisfaction of the Engineer at no additional cost to the Contracting 34 Agency. 35 36 For mainline planing operations, use equipment with automatic controls and 37 with sensors for either or both sides of the equipment. The controls shall be 38 capable of sensing the grade from an outside reference line, or a mat-39 referencing device. The automatic controls shall have a transverse slope 40 controller capable of maintaining the mandrel at the desired transverse slope 41 (expressed as a percentage) within plus or minus 0.1 percent. 42 43 Remove all loose debris from the planed surface before opening the planed 44 surface to traffic. The planings and other debris resulting from the planing 45 operation shall become the property of the Contractor and be disposed of in 46 accordance with Section 2-03.3(7)C, or as otherwise allowed by the Contract. 47 48 5-04.3(15) Sealing Pavement Surfaces 49 Apply a fog seal where shown in the Plans. Construct the fog seal in 50 accordance with Section 5-02.3. Unless otherwise approved by the Engineer, 51 apply the fog seal prior to opening to traffic. 52 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 5-04.3(16) HMA Road Approaches 2 Construct HMA approaches at the locations shown in the Plans or where 3 staked by the Engineer, in accordance with Section 5-04. 4 5 5-04.4 Measurement 6 HMA Cl. ___ PG ___, HMA for ___ Cl. ___ PG ___, and Commercial HMA will 7 be measured by the ton in accordance with Section 1-09.2, with no deduction being 8 made for the weight of asphalt binder, mineral filler, or any other component of the HMA. 9 If the Contractor elects to remove and replace HMA as allowed by Section 5-04.3(11), 10 the material removed will not be measured. 11 12 Roadway cores will be measured per each for the number of cores taken. 13 14 Crack Sealing-LF will be measured by the linear foot along the line of the crack. 15 16 Soil residual herbicide will be measured by the mile for the stated width to the nearest 17 0.01 mile or by the square yard, whichever is designated in the Proposal. 18 19 Pavement repair excavation will be measured by the square yard of surface marked 20 prior to excavation. 21 22 Asphalt for fog seal will be measured by the ton, as provided in Section 5-02.4. 23 24 Longitudinal joint seals between the HMA and cement concrete pavement will be 25 measured by the linear foot along the line and slope of the completed joint seal. 26 27 Planing bituminous pavement will be measured by the square yard. 28 29 Temporary pavement marking will be measured by the linear foot as provided in Section 30 8-23.4. 31 32 Water will be measured by the M gallon as provided in Section 2-07.4. 33 34 5-04.5 Payment 35 Payment will be made for each of the following Bid items that are included in the 36 Proposal: 37 38 “HMA Cl. ___ PG ___”, per ton. 39 “HMA for Approach Cl. ___ PG ___”, per ton. 40 “HMA for Preleveling Cl. ___ PG ___”, per ton. 41 “HMA for Pavement Repair Cl. ___ PG ___”, per ton. 42 “Commercial HMA”, per ton. 43 The unit Contract price per ton for “HMA Cl. ___ PG ___”, “HMA for Approach Cl. 44 ___ PG ___”, “HMA for Preleveling Cl. ___ PG ___”, “HMA for Pavement Repair Cl. 45 ___ PG ___”, and “Commercial HMA” shall be full compensation for all costs, 46 including anti-stripping additive, incurred to carry out the requirements of Section 5-47 04 except for those costs included in other items which are included in this 48 Subsection and which are included in the Proposal. 49 50 “Crack Sealing-FA”, by force account. 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 “Crack Sealing-FA” will be paid for by force account as specified in Section 1-09.6. 1 For the purpose of providing a common Proposal for all Bidders, the Contracting 2 Agency has entered an amount in the Proposal to become a part of the total Bid by 3 the Contractor. 4 5 “Crack Sealing-LF”, per linear foot. 6 The unit Contract price per linear foot for “Crack Sealing-LF” shall be full payment 7 for all costs incurred to perform the Work described in Section 5-04.3(4)A. 8 9 “Soil Residual Herbicide ____ ft. Wide”, per mile, or 10 “Soil Residual Herbicide”, per square yard. 11 The unit Contract price per mile or per square yard for “Soil Residual Herbicide” 12 shall be full payment for all costs incurred to obtain, provide and install herbicide in 13 accordance with Section 5-04.3(4)B. 14 15 “Pavement Repair Excavation Incl. Haul”, per square yard. 16 The unit Contract price per square yard for “Pavement Repair Excavation Incl. 17 Haul” shall be full payment for all costs incurred to perform the Work described in 18 Section 5-04.3(4)C with the exception, however, that all costs involved in the 19 placement of HMA shall be included in the unit Contract price per ton for “HMA for 20 Pavement Repair Cl. ___ PG ___”, per ton. 21 22 “Asphalt for Fog Seal”, per ton. 23 Payment for “Asphalt for Fog Seal” is described in Section 5-02.5. 24 25 “Longitudinal Joint Seal”, per linear foot. 26 The unit Contract price per linear foot for “Longitudinal Joint Seal” shall be full 27 payment for all costs incurred to construct the longitudinal joint between HMA and 28 cement concrete pavement, as described in Section 5-04.3(12)B. 29 30 “Planing Bituminous Pavement”, per square yard. 31 The unit Contract price per square yard for “Planing Bituminous Pavement” shall be 32 full payment for all costs incurred to perform the Work described in Section 5-33 04.3(14). 34 35 “Temporary Pavement Marking”, per linear foot. 36 Payment for “Temporary Pavement Marking” is described in Section 8-23.5. 37 38 “Water”, per M gallon. 39 Payment for “Water” is described in Section 2-07.5. 40 41 “Job Mix Compliance Price Adjustment”, by calculation. 42 “Job Mix Compliance Price Adjustment” will be calculated and paid for as described 43 in Section 5-04.3(9)B6, 5-04.3(9)C3, and 5-04.3(9)D1. 44 45 “Compaction Price Adjustment”, by calculation. 46 “Compaction Price Adjustment” will be calculated and paid for as described in 47 Section 5-04.3(10)C3. 48 49 “Roadway Core”, per each. 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 The Contractor’s costs for all other Work associated with the coring (e.g., traffic 1 control) shall be incidental and included within the unit Bid price per each and no 2 additional payments will be made. 3 4 “Cyclic Density Price Adjustment”, by calculation. 5 “Cyclic Density Price Adjustment” will be calculated and paid for as described in 6 Section 5-04.3(10)B. 7 8 9 6-02.AP6 10 Section 6-02, Concrete Structures 11 April 4, 2016 12 6-02.3(2)A Contractor Mix Design 13 The following new sentence is inserted after the first sentence of the third paragraph: 14 15 The mix design submittal shall also include test results no older than one year showing 16 that the Aggregates do not contain Deleterious Substances in accordance with Section 17 9-03. 18 19 6-02.3(2)A1 Contractor Mix Design for Concrete Class 4000D 20 The following new sentence is inserted after the second sentence of the last paragraph: 21 22 Mix designs using shrinkage reducing admixture shall state the specific quantity 23 required. 24 25 The following new sentence is inserted before the last sentence of the last paragraph: 26 27 Testing samples of mixes using shrinkage reducing admixture shall use the admixture 28 amount specified in the mix design submittal. 29 30 6-02.3(2)B Commercial Concrete 31 The last sentence of the first paragraph is revised to read: 32 33 Commercial concrete does not require mix design or source approvals for cement, 34 aggregate, and other admixtures. 35 36 6-02.3(26)D2 Test Block Dimensions 37 The first sentence is revised to read: 38 39 The dimensions of the test block perpendicular to the tendon in each direction shall be 40 the smaller of twice the minimum edge distance or the minimum spacing specified by 41 the special anchorage device manufacturer, with the stipulation that the concrete cover 42 over any confining reinforcing steel or supplementary skin reinforcement shall be 43 appropriate for the project-specific application and circumstances. 44 45 6-02.3(27)A Use of Self-Consolidating Concrete for Precast Units 46 Item number 2 of the first paragraph is revised to read: 47 48 2. Precast reinforced concrete three-sided structures, box culverts and split box 49 culverts in accordance with Section 7-02.3(6). 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 6-09.AP6 2 Section 6-09, Modified Concrete Overlays 3 April 4, 2016 4 6-09.3(8)A Quality Assurance for Microsilica Modified and Fly Ash Modified 5 Concrete Overlays 6 The first sentence of the first paragraph is revised to read the following two new sentences: 7 8 The Engineer will perform slump, temperature, and entrained air tests for acceptance in 9 accordance with Section 6-02.3(5)D and as specified in this Section after the Contractor 10 has turned over the concrete for acceptance testing. Concrete samples for testing shall 11 be supplied to the Engineer in accordance with Section 6-02.3(5)E. 12 13 The last paragraph is deleted. 14 15 6-09.3(8)B Quality Assurance for Latex Modified Concrete Overlays 16 The first two paragraphs are deleted and replaced with the following: 17 18 The Engineer will perform slump, temperature, and entrained air tests for acceptance in 19 accordance with Section 6-02.3(5)D and as specified in this Section after the Contractor 20 has turned over the concrete for acceptance testing. The Engineer will perform testing 21 as the concrete is being placed. Samples shall be taken on the first charge through 22 each mobile mixer and every other charge thereafter. The sample shall be taken after 23 the first 2 minutes of continuous mixer operation. Concrete samples for testing shall be 24 supplied to the Engineer in accordance with Section 6-02.3(5)E. 25 26 The second to last sentence of the last paragraph is revised to read: 27 28 Recommendations made by the technical representative on or off the jobsite shall be 29 adhered to by the Contractor. 30 31 6-14.AP6 32 Section 6-14, Geosynthetic Retaining Walls 33 January 4, 2016 34 6-14.5 Payment 35 The bid item “Concrete Fascia Panel”, per square foot, and the paragraph following this bid 36 item are revised to read: 37 38 “Concrete Fascia Panel For Geosynthetic Wall”, per square foot. 39 40 All costs in connection with constructing the concrete fascia panels as specified shall be 41 included in the unit Contract price per square foot for “Concrete Fascia Panel For 42 Geosynthetic Wall”, including all steel reinforcing bars, premolded joint filler, 43 polyethylene bond breaker strip, joint sealant, PVC pipe for weep holes, exterior surface 44 finish, and pigmented sealer (when specified), constructing and placing the concrete 45 footing, edge beam, anchor beam, anchor rod assembly, and backfill. 46 47 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 6-19.AP6 1 Section 6-19, Shafts 2 January 4, 2016 3 6-19.4 Measurement 4 The first paragraph is revised to read: 5 6 Soil excavation for shaft, including haul, will be measured by the cubic yards of shaft 7 excavated. The cubic yards will be computed using the shaft diameter, top of shaft 8 elevation and bottom of shaft elevation shown in the Plans, less all rock excavation 9 measured as specified for rock excavation. Excavation between the existing ground 10 line and the top of shaft elevation is considered incidental to soil excavation for shaft 11 and will not be measured. 12 13 The second paragraph is deleted. 14 15 6-19.5 Payment 16 The paragraph following the bid item “Soil Excavation For Shaft Including Haul”, per cubic 17 yard is revised to read: 18 19 The unit Contract price per cubic yard for “Soil Excavation For Shaft Including Haul” 20 shall be full pay for performing the work as specified, including all costs in connection 21 with furnishing, mixing, placing, maintaining, containing, collecting, and disposing of all 22 mineral, synthetic, and water slurry, and disposing of groundwater collected by the shaft 23 excavation, and the incidental excavation of soils between the top of shaft elevation 24 shown in the Plans and the existing ground line. 25 26 8-01.AP8 27 Section 8-01, Erosion Control and Water Pollution Control 28 April 4, 2016 29 8-01.2 Materials 30 This section is supplemented with the following new paragraph: 31 32 Recycled concrete, in any form, shall not be used for any Work defined in Section 8-01. 33 34 8-01.3(8) Street Cleaning 35 This section is revised to read: 36 37 Self-propelled street sweepers shall be used to remove and collect sediment and other 38 debris from the Roadway, whenever required by the Engineer. The street sweeper shall 39 effectively collect these materials and prevent them from being washed or blown off the 40 Roadway or into waters of the State. Street sweepers shall not generate fugitive dust 41 and shall be designed and operated in compliance with applicable air quality standards. 42 43 Material collected by the street sweeper shall be disposed of in accordance with Section 44 2-03.3(7)C. 45 46 Street washing with water will require the concurrence of the Engineer. 47 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 1 8-10.AP8 2 Section 8-10, Guide Posts 3 January 4, 2016 4 8-10.3 Construction Requirements 5 The last sentence of the second paragraph is deleted. 6 7 8-20.AP8 8 Section 8-20, Illumination, Traffic Signal Systems, Intelligent Transportation 9 Systems, and Electrical 10 April 4, 2016 11 8-20.3(5)A General 12 The last paragraph is revised to read: 13 14 Immediately after the sizing mandrel has been pulled through, install an equipment 15 grounding conductor if applicable (see Section 8-20.3(9)) and any new or existing wire 16 or cable as specified in the Plans. Where conduit is installed for future use, install a 17 200-pound minimum tensile strength pull string with the equipment grounding 18 conductor. The pull string shall be attached to duct plugs or caps at both ends of the 19 conduit. 20 21 8-20.3(5)A1 Fiber Optic Conduit 22 The last paragraph is deleted. 23 24 8-20.3(5)D Conduit Placement 25 Item number 2 is revised to read: 26 27 2. 24-inches below the top of the untreated surfacing on a Roadbed. 28 29 8-20.3(9) Bonding, Grounding 30 The following two new paragraphs are inserted after the first paragraph: 31 32 Install an equipment grounding conductor in all new conduit, whether or not the 33 equipment grounding conductor is called for in the wire schedule. 34 35 For each new conduit with innerduct install an equipment grounding conductor in only 36 one of the innerducts unless otherwise required by the NEC or the Plans. 37 38 The fourth paragraph (after the preceding Amendments are applied) is revised to read: 39 40 Bonding jumpers and equipment grounding conductors meeting the requirements of 41 Section 9-29.3(2)A3 shall be minimum #8 AWG, installed in accordance with the NEC. 42 Where existing conduits are used for the installation of new circuits, an equipment 43 grounding conductor shall be installed unless an existing equipment ground conductor, 44 which is appropriate for the largest circuit, is already present in the existing raceway. 45 The equipment ground conductor between the isolation switch and the sign lighter 46 fixtures shall be minimum #14 AWG stranded copper conductor. Where parallel circuits 47 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 are enclosed in a common conduit, the equipment-grounding conductor shall be sized 1 by the largest overcurrent device serving any circuit contained within the conduit. 2 3 The second sentence of the fifth paragraph (after the preceding Amendments are applied) is 4 revised to read: 5 6 A non-insulated stranded copper conductor, minimum #8 AWG with a full circle crimp 7 on connector (crimped with a manufacturer recommended crimper) shall be connected 8 to the junction box frame or frame bonding stud, the other end shall be crimped to the 9 equipment bonding conductor, using a “C” type crimp connector. 10 11 The last two sentences of the sixth paragraph (after the preceding Amendments are applied) 12 are revised to read: 13 14 For light standards, signal standards, cantilever and sign bridge Structures the 15 supplemental grounding conductor shall be #4 AWG non-insulated stranded copper 16 conductor. For steel sign posts which support signs with sign lighting or flashing 17 beacons the supplemental grounding conductor shall be #6 AWG non insulated 18 stranded copper conductor. 19 20 The fourth to last paragraph is revised to read: 21 22 Install a two grounding electrode system at each service entrance point, at each 23 electrical service installation and at each separately derived power source. The service 24 entrance grounding electrode system shall conform to the “Service Ground” detail in the 25 Standard Plans. If soil conditions make vertical grounding electrode installation 26 impossible an alternate installation procedure as described in the NEC may be used. 27 Maintain a minimum of 6 feet of separation between any two grounding electrodes 28 within the grounding system. Grounding electrodes shall be bonded copper, ferrous 29 core materials and shall be solid rods not less than 10 feet in length if they are ½ inch in 30 diameter or not less than 8 feet in length if they are inch or larger in diameter. 31 32 8-22.AP8 33 Section 8-22, Pavement Marking 34 January 4, 2016 35 8-22.4 Measurement 36 The first two sentences of the fourth paragraph are revised to read: 37 38 The measurement for “Painted Wide Lane Line”, “Plastic Wide Lane Line”, “Profiled 39 Plastic Wide Lane Line”, “Painted Barrier Center Line”, “Plastic Barrier Center Line”, 40 “Painted Stop Line”, “Plastic Stop Line”, “Painted Wide Dotted Entry Line”, or “Plastic 41 Wide Dotted Entry Line” will be based on the total length of each painted, plastic or 42 profiled plastic line installed. No deduction will be made for the unmarked area when the 43 marking includes a broken line such as, wide broken lane line, drop lane line, wide 44 dotted lane line or wide dotted entry line. 45 46 8-22.5 Payment 47 The following two new Bid items are inserted after the Bid item “Plastic Crosshatch Marking”, 48 per linear foot: 49 50 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 “Painted Wide Dotted Entry Line”, per linear foot. 1 2 “Plastic Wide Dotted Entry Line”, per linear foot. 3 4 9-03.AP9 5 Section 9-03, Aggregates 6 April 4, 2016 7 9-03.1(1) General Requirements 8 This first paragraph is supplemented with the following: 9 10 Reclaimed aggregate may be used if it complies with the specifications for Portland 11 Cement Concrete. Reclaimed aggregate is aggregate that has been recovered from 12 plastic concrete by washing away the cementitious materials. 13 14 9-03.1(2) Fine Aggregate for Portland Cement Concrete 15 This section is revised to read: 16 17 Fine aggregate shall consist of natural sand or manufactured sand, or combinations 18 thereof, accepted by the Engineer, having hard, strong, durable particles free from 19 adherent coating. Fine aggregate shall be washed thoroughly to meet the specifications. 20 21 9-03.1(2)A Deleterious Substances 22 This section is revised to read: 23 24 The amount of deleterious substances in the washed aggregate shall be tested in 25 accordance with AASHTO M 6 and not exceed the following values: 26 27 Material finer than No. 200 Sieve 2.5 percent by weight 28 Clay lumps and friable particles 3.0 percent by weight 29 Coal and lignite 0.25 percent by weight 30 Particles of specific gravity less than 2.00 1.0 percent by weight. 31 32 Organic impurities shall be tested in accordance with AASHTO T 21 by the glass 33 color standard procedure and results darker than organic plate no. 3 shall be 34 rejected. A darker color results from AASHTO T 21 may be used provided that 35 when tested for the effect of organic impurities on strength of mortar, the relative 36 strength at 7 days, calculated in accordance with AASHTO T 71, is not less than 95 37 percent. 38 39 9-03.1(4) Coarse Aggregate for Portland Cement Concrete 40 This section is revised to read: 41 42 Coarse aggregate for concrete shall consist of gravel, crushed gravel, crushed stone, or 43 combinations thereof having hard, strong, durable pieces free from adherent coatings. 44 Coarse aggregate shall be washed to meet the specifications. 45 46 9-03.1(4)A Deleterious 47 This section, including title, is revised to read: 48 49 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 9-03.1(4)A Deleterious Substances 1 The amount of deleterious substances in the washed aggregate shall be tested in 2 accordance with AASHTO M 80 and not exceed the following values: 3 4 Material finer than No. 200 1.01 percent by weight 5 Clay lumps and Friable Particles 2.0 percent by weight 6 Shale 2.0 percent by weight 7 Wood waste 0.05 percent by weight 8 Coal and Lignite 0.5 percent by weight 9 Sum of Clay Lumps, Friable Particles, and 10 Chert (Less Than 2.40 specific gravity SSD) 3.0 percent by weight 11 12 1If the material finer than the No. 200 sieve is free of clay and shale, this 13 percentage may be increased to 1.5. 14 15 9-03.1(4)C Grading 16 The following new sentence is inserted at the beginning of the last pargraph: 17 18 Where coarse aggregate size 467 is used, the aggregate may be furnished in at least 19 two separate sizes. 20 21 9-03.1(5) Combined Aggregate Gradation for Portland Cement Concrete 22 This section is revised to read: 23 24 As an alternative to using the fine aggregate sieve grading requirements in Section 9-25 03.1(2)B, and coarse aggregate sieve grading requirements in Section 9-03.1(4)C, a 26 combined aggregate gradation conforming to the requirements of Section 9-03.1(5)A 27 may be used. 28 29 9-03.1(5)A Deleterious Substances 30 This section is revised to read: 31 32 The amount of deleterious substances in the washed aggregates 3⁄8 inch or larger shall 33 not exceed the values specified in Section 9-03.1(4)A and for aggregates smaller than 34 3⁄8 inch they shall not exceed the values specified in Section 9-03.1(2)A. 35 36 9-03.1(5)B Grading 37 The first paragraph is deleted. 38 39 9-03.8(7) HMA Tolerances and Adjustments 40 In the table in item 1, the last column titled “Commercial Evaluation” is revised to read 41 “Visual Evaluation”. 42 43 9-03.21(1)B Concrete Rubble 44 This section, including title, is revised to read: 45 46 9-03.21(1)B Recycled Concrete Aggregate 47 Recycled concrete aggregates are coarse aggregates manufactured from hardened 48 concrete mixtures. Recycled concrete aggregate may be used as coarse aggregate or 49 blended with coarse aggregate for Commercial Concrete. Recycled concrete aggregate 50 shall meet all of the requirements for coarse aggregate contained in Section 9-03.1(4) 51 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 or 9-03.1(5). In addition to the requirements of Section 9-03.1(4) or 9-03.1(5), recycled 1 concrete shall: 2 3 1. Contain an aggregated weight of less than 1 percent of adherent fines, 4 vegetable matter, plastics, plaster, paper, gypsum board, metals, fabrics, 5 wood, tile, glass, asphalt (bituminous) materials, brick, porcelain or other 6 deleterious substance(s) not otherwise noted; 7 2. Be free of harmful components such as chlorides and reactive materials unless 8 mitigation measures are taken to prevent recurrence in the new concrete; 9 3. Have an absorption of less than 10 percent when tested in accordance with 10 AASHTO T 85. 11 12 Recycled concrete aggregate shall be in a saturated condition prior to mixing. 13 14 Recycled concrete aggregate shall not be placed below the ordinary high water mark of 15 any water of the State. 16 17 9-03.21(1)D Recycled Steel Furnace Slag 18 This section title is revised to read: 19 20 Steel Furnace Slag 21 22 9-03.21(1)E Table on Maximum Allowable Percent (By Weight) of Recycled 23 Material 24 The following new row is inserted after the second row: 25 26 Coarse Aggregate for Commercial Concrete 9-03.1(4) 0 100 0 0 27 28 9-04.AP9 29 Section 9-04, Joint and Crack Sealing Materials 30 January 4, 2016 31 9-04.2(1) Hot Poured Joint Sealants 32 This section’s content is deleted and replaced with the following new subsections: 33 34 9-04.2(1)A Hot Poured Sealant 35 Hot poured sealant shall be sampled in accordance with ASTM D5167 and tested in 36 accordance with ASTM D5329. Hot poured sealant shall have a minimum Cleveland 37 Open Cup Flash Point of 205°C in accordance with AASHTO T 48. 38 39 9-04.2(1)A1 Hot Poured Sealant for Cement Concrete Pavement 40 Hot poured sealant for cement concrete pavement shall meet the requirements of 41 ASTM D6690 Type IV, except for the following: 42 43 1. The Cone Penetration at 25°C shall be 130 maximum. 44 45 2. The extension for the Bond, non-immersed, shall be 100 percent. 46 47 AMENDMENTS TO THE 2016 STANDARD SPECIFICATIONS BOOK Revised: 4/4/16 9-04.2(1)A2 Hot Poured Sealant for Bituminous Pavement 1 Hot poured sealant for bituminous pavement shall meet the requirements of ASTM 2 D6690 Type II. 3 4 9-04.2(1)B Sand Slurry for Bituminous Pavement 5 Sand slurry is mixture consisting of the following components measured by total weight: 6 7 1. Twenty percent CSS-1 emulsified asphalt, 8 9 2. Two percent portland cement, and 10 11 3. Seventy-eight percent fine aggregate meeting the requirements of 9-03.1(2)B 12 Class 2. Fine aggregate may be damp (no free water). 13 14 9-07.AP9 15 Section 9-07, Reinforcing Steel 16 January 4, 2016 17 9-07.1(1)A Acceptance of Materials 18 The first sentence of the first paragraph is revised to read: 19 20 Reinforcing steel rebar manufacturers shall comply with the National Transportation 21 Product Evaluation Program (NTPEP) Work Plan for Reinforcing Steel (rebar) 22 Manufacturers. 23 24 The first sentence of the second paragraph is revised to read: 25 26 Steel reinforcing bar manufacturers use either English or a Metric size designation while 27 stamping rebar. 28 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-1 INTRODUCTION TO THE SPECIAL PROVISIONS (August 14, 2013 APWA GSP) The work on this project shall be accomplished in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, 2016 edition, as issued by the Washington State Department of Transportation (WSDOT) and the American Public Works Association (APWA), Washington State Chapter (hereafter “Standard Specifications”). The Standard Specifications, as modified or supplemented by the Amendments to the Standard Specifications and these Special Provisions, all of which are made a part of the Contract Documents, shall govern all of the Work. These Special Provisions are made up of both General Special Provisions (GSPs) from various sources, which may have project-specific fill-ins; and project-specific Special Provisions. Each Provision either supplements, modifies, or replaces the comparable Standard Specification, or is a new Provision. The deletion, amendment, alteration, or addition to any subsection or portion of the Standard Specifications is meant to pertain only to that particular portion of the section, and in no way should it be interpreted that the balance of the section does not apply. The project-specific Special Provisions are not labeled as such. The GSPs are labeled under the headers of each GSP, with the effective date of the GSP and its source. For example: (March 8, 2013 APWA GSP) (April 1, 2013 WSDOT GSP) (May 1, 2013 City of Federal Way GSP) (******) Notes a revision to a General Special Provision and/or Project Specific Special Provision. Also incorporated into the Contract Documents by reference are: • Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition, with Washington State modifications, if any • Standard Plans for Road, Bridge and Municipal Construction, WSDOT/APWA, current edition • National Electric Code, current edition • City of Federal Way Public Works Development Standards Contractor shall obtain copies of these publications, at Contractor’s own expense. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-2 DIVISION 1 GENERAL REQUIREMENTS DESCRIPTION OF WORK (March 13, 1995 WSDOT GSP) This Contract provides for the Sacajawea Middle School Safe Routes to School improvements, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications. 1-01 DEFINITIONS AND TERMS 1-01.3 Definitions (January 4, 2016 APWA GSP) Delete the heading Completion Dates and the three paragraphs that follow it, and replace them with the following: 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, any remaining traffic disruptions will be rare and brief, and only minor incidental work, replacement of temporary substitute facilities, plant establishment periods, 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-3 Supplement this Section with the following: All references in the Standard Specifications, Amendments, or WSDOT General Special Provisions, to the terms “Department of Transportation”, “Washington State Transportation Commission”, “Commission”, “Secretary of Transportation”, “Secretary”, “Headquarters”, and “State Treasurer” shall be revised to read “Contracting Agency”. All references to the terms “State” or “state” shall be revised to read “Contracting Agency” unless the reference is to an administrative agency of the State of Washington, a State statute or regulation, or the context reasonably indicates otherwise. All references to “State Materials Laboratory” shall be revised to read “Contracting Agency designated location”. All references to “final contract voucher certification” shall be interpreted to mean the Contracting Agency form(s) by which final payment is authorized, and final completion and acceptance granted. Additive A supplemental unit of work or group of bid items, identified separately in the Bid 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 Bid Proposal, from which the Contracting Agency may make a choice between different methods or material of construction for performing the same work. Business Day A business day is any day from Monday through Friday except holidays as listed in Section 1-08.5. Contract Bond The definition in the Standard Specifications for “Contract Bond” applies to whatever bond form(s) are required by the Contract Documents, which may be a combination of a Payment Bond and a Performance Bond. Contract Documents See definition for “Contract”. Contract Time The period of time established by the terms and conditions of the Contract within which the Work must be physically completed. Notice of Award The written notice from the Contracting Agency to the successful Bidder signifying the Contracting Agency’s acceptance of the Bid Proposal. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-4 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. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Prequalification of Bidders Delete this Section and replace it with the following: 1-02.1 Qualifications of Bidder (January 24, 2011 APWA GSP) Before award of a public works contract, a bidder must meet at least the minimum qualifications of RCW 39.04.350(1) to be considered a responsible bidder and qualified to be awarded a public works project. 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") 6 Furnished automatically upon award. Contract Provisions 6 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-5 1-02.4 Examination of Plans, Specifications, and Site of Work 1-02.4(2) Subsurface Information (March 8, 2013 APWA GSP) The second sentence in the first paragraph is revised to read: The Summary of Geotechnical Conditions and the boring logs, if and when included as an appendix to the Special Provisions, shall be considered as part of the Contract. 1-02.5 Proposal Forms (June 27, 2011 APWA GSP) Delete this section and replace it with the following: 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 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. 1-02.6 Preparation of Proposal (June 27, 2011 APWA GSP) Supplement the second paragraph with the following: 4. If a minimum bid amount has been established for any item, the unit or lump sum price must equal or exceed the minimum amount stated. 5. Any correction to a bid made by interlineation, alteration, or erasure, shall be initialed by the signer of the bid. Delete the last paragraph, and replace it with the following: The Bidder shall make no stipulation on the Bid Form, nor qualify the bid in any manner. A bid by a corporation shall be executed in the corporate name, by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign). SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-6 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. (May 7, 2012 WSDOT GSP) The fourth paragraph of Section 1-02.6 is revised to read: The Bidder shall submit with the Bid a completed Disadvantaged Business Enterprise (DBE) Utilization Certification, when required by the Special Provisions. For each and every DBE firm listed on the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification, the Bidder shall submit written confirmation from that DBE firm that the DBE is in agreement with the DBE participation commitment that the Bidder has made in the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification. WSDOT Form 422 031 EF (Disadvantaged Business Enterprise Written Confirmation Document) is to be used for this purpose. Bidder must submit good faith effort documentation only in the event the bidder’s efforts to solicit sufficient DBE participation have been unsuccessful. Directions for delivery of the Disadvantaged Business Enterprise Written Confirmation Documents and Disadvantaged Business Enterprise Good Faith Effort documentation are included in Sections 1-02.9. 1-02.7 Bid Deposit (March 8, 2013 APWA GSP) Supplement this section 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. If so stated in the Contract Provisions, cash will not be accepted for a bid deposit. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-7 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 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. 1-02.10 Withdrawing, Revising or Supplementing Proposal (July 23, 2015 APWA GSP) Delete this section, and replace it with the following: After submitting a physical Bid Proposal to the Contracting Agency, the Bidder may withdraw, revise, or supplement it if: 1. The Bidder submits a written request signed by an authorized person and physically delivers it to the place designated for receipt of Bid Proposals, and 2. The Contracting Agency receives the request before the time set for receipt of Bid Proposals, and 3. The revised or supplemented Bid Proposal (if any) is received by the Contracting Agency before the time set for receipt of Bid Proposals. If the Bidder’s request to withdraw, revise, or supplement its Bid Proposal is received before the time set for receipt of Bid Proposals, the Contracting Agency will return the unopened Proposal package to the Bidder. The Bidder must then submit the revised or supplemented package in its entirety. If the Bidder does not submit a revised or supplemented package, then its bid shall be considered withdrawn. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-8 Late revised or supplemented Bid Proposals or late withdrawal requests will be date recorded by the Contracting Agency and returned unopened. Mailed, emailed, or faxed requests to withdraw, revise, or supplement a Bid Proposal are not acceptable. 1-02.12 Public Opening Of Proposal Section 1-02.12 is supplemented with the following: (******) Date of Opening Bids Sealed bids are to be received at one of the following locations prior to the time Specified: 1. At City of Federal Way Purchasing Office, 33325 8th Avenue South, Federal Way, WA 98003-6325. The City will consider notification of bid receipt by the Post Office as the actual receipt of the bid. 2. In the City of Federal Way Purchasing Office, 33325 8th Avenue South, Federal Way, WA 98003-6325, until 10:00 A.M. of the bid opening date. Bids delivered in person will be received only in the Bid Room on the bid opening date. 1-02.13 Irregular Proposals (January 4, 2016 APWA GSP) Delete this section and replace it with the following: 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; i. 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; SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-9 k. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or l. More than one proposal is submitted for the same project from a Bidder under the same or different names. 2. A Proposal may be considered irregular and may be rejected if: a. The Proposal does not include a unit price for every Bid item; b. Any of the unit prices are excessively unbalanced (either above or below the amount of a reasonable Bid) to the potential detriment of the Contracting Agency; c. Receipt of Addenda is not acknowledged; d. A member of a joint venture or partnership and the joint venture or partnership submit Proposals for the same project (in such an instance, both Bids may be rejected); or e. If Proposal form entries are not made in ink. 1-02.14 Disqualification of Bidders (March 8, 2013 APWA GSP, Option B) 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://dor.wa.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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-10 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 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; SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-11 • 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. 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-12 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 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: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-13 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. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.1 Consideration of Bids (January 23, 2006 APWA GSP) 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. 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 Agency. Within 10 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- SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-14 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 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. 1-03.4 Contract Bond (July 23, 2015 APWA GSP) Delete the first paragraph and replace it with the following: The successful bidder shall provide executed payment and performance bond(s) for the full contract amount. The bond may be a combined payment and performance bond; or be separate payment and performance bonds. In the case of separate payment and performance bonds, each shall be for the full contract amount. The bond(s) shall: 1. Be on Contracting Agency-furnished form(s); 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. Guarantee that the Contractor will perform and comply with all obligations, duties, and conditions under the Contract, including but not limited to the duty and obligation to indemnify, defend, and protect the Contracting Agency against all losses and claims related directly or indirectly from any failure: a. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform and comply with all contract obligations, conditions, and duties, or b. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work; 4. Be conditioned upon the payment of taxes, increases, and penalties incurred on the project under titles 50, 51, and 82 RCW; and 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(s) must be signed by the president or vice president, unless accompanied by written proof of the authority of the individual signing the bond(s) to bind the corporation (i.e., corporate resolution, power of attorney, or a letter to such effect signed by the president or vice president). SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-15 1-04 SCOPE OF THE WORK 1-04.2 Coordination of Contract Documents, Plans, Special Provisions, Specifications, and Addenda (March 13, 2012 APWA GSP) Revise the second paragraph to read: Any inconsistency in the parts of the contract shall be resolved by following this order of precedence (e.g., 1 presiding over 2, 2 over 3, 3 over 4, and so forth): 1. Addenda, 2. Proposal Form, 3. Special Provisions, 4. Contract Plans, 5. Amendments to the Standard Specifications, 6. Standard Specifications, 7. Contracting Agency’s Standard Plans or Details (if any), and 8. WSDOT Standard Plans for Road, Bridge, and Municipal Construction. 1-04.4 Changes (WSDOT GSP) Section 1-04.4(3) is added as follows: 1-04.4(3) Unexpected Site Changes (New Section) Unanticipated site Work, as ordered by the Engineer, shall consist of Work not otherwise provided for in the Contract and paid in accordance with Section 1-09.6. Such Work may include: 1. Design changes to address field conflicts or adjustments needed to complete the Work; 2. Miscellaneous Work, directed by the Contracting Agency, not covered in the Contract and not exceeding $10,000 per change; 3. Removal of unexpected Structures or obstructions. Measurement No specific unit of measurement will apply to the force account item “Unexpected Site Changes”. Payment “Unexpected Site Changes”, by force account as provided in Section 1-09.6. To provide a common Proposal for all Bidders, the Contracting Agency has entered an amount in the Proposal to become a part of the Contractor’s total Bid. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-16 1-05 CONTROL OF WORK 1-05.4 Conformity With and Deviations from Plans and Stakes (April 4, 2011 WSDOT GSP) Section 1-05.4 is supplemented with the following: Contractor Surveying - Structure Copies of the Contracting Agency provided primary survey control data are available for the bidder's inspection at the office of the Project Engineer. The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, slope stakes, and grades necessary for the construction of bridges, noise walls, and retaining walls. Except for the survey control data to be furnished by the Contracting Agency, calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor's responsibility. The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length of the project or be replaced at the Contractors expense. Detailed survey records shall be maintained, including a description of the work performed on each shift, the methods utilized, and the control points used. The record shall be adequate to allow the survey to be reproduced. A copy of each day's record shall be provided to the Engineer within three working days after the end of the shift. The meaning of words and terms used in this provision shall be as listed in "Definitions of Surveying and Associated Terms" current edition, published by the American Congress on Surveying and Mapping and the American Society of Civil Engineers. The survey work by the Contractor shall include but not be limited to the following: 1. Verify the primary horizontal and vertical control furnished by the Contracting Agency, and expand into secondary control by adding stakes and hubs as well as additional survey control needed for the project. Provide descriptions of secondary control to the Contracting Agency. The description shall include coordinates and elevations of all secondary control points. 2. Establish, by placing hubs and/or marked stakes, the location with offsets of foundation shafts and piles. 3. Establish offsets to footing centerline of bearing for structure excavation. 4. Establish offsets to footing centerline of bearing for footing forms. 5. Establish wing wall, retaining wall, and noise wall horizontal alignment. 6. Establish retaining wall top of wall profile grade. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-17 7. Establish elevation benchmarks for all substructure formwork. 8. Check elevations at top of footing concrete line inside footing formwork immediately prior to concrete placement. 9. Check column location and pier centerline of bearing at top of footing immediately prior to concrete placement. 10. Establish location and plumbness of column forms, and monitor column plumbness during concrete placement. 11. Establish pier cap and crossbeam top and bottom elevations and centerline of bearing. 12. Check pier cap and crossbeam top and bottom elevations and centerline of bearing prior to and during concrete placement. 13. Establish grout pad locations and elevations. 14. Establish structure bearing locations and elevations, including locations of anchor bolt assemblies. 15. Establish box girder bottom slab grades and locations. 16. Establish girder and/or web wall profiles and locations. 17. Establish diaphragm locations and centerline of bearing. 18. Establish roadway slab alignment, grades and provide dimensions from top of girder to top of roadway slab. Set elevations for deck paving machine rails. 19. Establish traffic barrier and curb profile. 20. Profile all girders prior to the placement of any deadload or construction live load that may affect the girder's profile. The Contractor shall provide the Contracting Agency copies of any calculations and staking data when requested by the Engineer. To facilitate the establishment of these lines and elevations, the Contracting Agency will provide the Contractor with the following primary survey and control information: 1. Descriptions of two primary control points used for the horizontal and vertical control. Primary control points will be described by reference to the project alignment and the coordinate system and elevation datum utilized by the project. In addition, the Contracting Agency will supply horizontal coordinates for the beginning and ending points and for each Point of Intersection (PI) on each alignment included in the project. 2. Horizontal coordinates for the centerline of each bridge pier. 3. Computed elevations at top of bridge roadway decks at one-tenth points along centerline of each girder web. All form grades and other working grades shall be calculated by the Contractor. The Contractor shall give the Contracting Agency three weeks notification to allow adequate time to provide the data outlined in Items 2 and 3 above. The Contractor shall ensure a surveying accuracy within the following tolerances: Vertical Horizontal SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-18 1. Stationing on structures ±0.02 feet 2. Alignment on structures ±0.02 feet 3. Superstructure elevations ±0.01 feet variation from plan elevation 4. Substructure ±0.02 feet variation from Plan grades. The Contracting Agency may spot-check the Contractor's surveying. These spot- checks will not change the requirements for normal checking by the Contractor. When staking the following items, the Contractor shall perform independent checks from different secondary control to ensure that the points staked for these items are within the specified survey accuracy tolerances: Piles Shafts Footings Columns The Contractor shall calculate coordinates for the points associated with piles, shafts, footings and columns. The Contracting Agency will verify these coordinates prior to issuing approval to the Contractor for commencing with the survey work. The Contracting Agency will require up to seven calendar days from the date the data is received to issuing approval. Contract work to be performed using contractor-provided stakes shall not begin until the stakes are approved by the Contracting Agency. Such approval shall not relieve the Contractor of responsibility for the accuracy of the stakes. (******) Primary survey control data provided by the Contracting Agency is indicated on the Plans. All costs associated with Structure Surveying shall be measured and paid under the item “Construction Suveying” per 1-05.4 herein. (April 1, 2013 WSDOT GSP) Contractor Surveying - Roadway Copies of the Contracting Agency provided primary survey control data are available for the bidder's inspection at the office of the Project Engineer. The Contractor shall be responsible for setting, maintaining, and resetting all alignment stakes, slope stakes, and grades necessary for the construction of the roadbed, drainage, surfacing, paving, channelization and pavement marking, illumination and signals, guardrails and barriers, and signing. Except for the survey control data to be SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-19 furnished by the Contracting Agency, calculations, surveying, and measuring required for setting and maintaining the necessary lines and grades shall be the Contractor's responsibility. The Contractor shall inform the Engineer when monuments are discovered that were not identified in the Plans and construction activity may disturb or damage the monuments. All monuments noted on the plans “DO NOT DISTURB” shall be protected throughout the length of the project or be replaced at the Contractors expense. Detailed survey records shall be maintained, including a description of the work performed on each shift, the methods utilized, and the control points used. The record shall be adequate to allow the survey to be reproduced. A copy of each day's record shall be provided to the Engineer within three working days after the end of the shift. The meaning of words and terms used in this provision shall be as listed in "Definitions of Surveying and Associated Terms" current edition, published by the American Congress on Surveying and Mapping and the American Society of Civil Engineers. The survey work shall include but not be limited to the following: 1. Verify the primary horizontal and vertical control furnished by the Contracting Agency, and expand into secondary control by adding stakes and hubs as well as additional survey control needed for the project. Provide descriptions of secondary control to the Contracting Agency. The description shall include coordinates and elevations of all secondary control points. 2. Establish, the centerlines of all alignments, by placing hubs, stakes, or marks on centerline or on offsets to centerline at all curve points (PCs, PTs, and PIs) and at points on the alignments spaced no further than 50 feet. 3. Establish clearing limits, placing stakes at all angle points and at intermediate points not more than 50 feet apart. The clearing and grubbing limits shall be 5 feet beyond the toe of a fill and 10 feet beyond the top of a cut unless otherwise shown in the Plans. 4. Establish grading limits, placing slope stakes at centerline increments not more than 50 feet apart. Establish offset reference to all slope stakes. If Global Positioning Satellite (GPS) Machine Controls are used to provide grade control, then slope stakes may be omitted at the discretion of the Contractor 5. Establish the horizontal and vertical location of all drainage features, placing offset stakes to all drainage structures and to pipes at a horizontal interval not greater than 25 feet. 6. Establish roadbed and surfacing elevations by placing stakes at the top of subgrade and at the top of each course of surfacing. Subgrade and surfacing stakes shall be set at horizontal intervals not greater than 50 feet in tangent sections, 25 feet in curve sections with a radius less than 300 feet, and at 10- foot intervals in intersection radii with a radius less than 10 feet. Transversely, stakes shall be placed at all locations where the roadway slope changes and at additional points such that the transverse spacing of stakes is not more than 12 feet. If GPS Machine Controls are used to provide grade control, then SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-20 roadbed and surfacing stakes may be omitted at the discretion of the Contractor. 7. Establish intermediate elevation benchmarks as needed to check work throughout the project. 8. Provide references for paving pins at 25-foot intervals or provide simultaneous surveying to establish location and elevation of paving pins as they are being placed. 9. For all other types of construction included in this provision, (including but not limited to channelization and pavement marking, illumination and signals, guardrails and barriers, and signing) provide staking and layout as necessary to adequately locate, construct, and check the specific construction activity. 10. Contractor shall determine if changes are needed to the profiles or roadway sections shown in the Contract Plans in order to achieve proper smoothness and drainage where matching into existing features, such as a smooth transition from new pavement to existing pavement. The Contractor shall submit these changes to the Project Engineer for review and approval 10 days prior to the beginning of work. The Contractor shall provide the Contracting Agency copies of any calculations and staking data when requested by the Engineer. To facilitate the establishment of these lines and elevations, the Contracting Agency will provide the Contractor with primary survey control information consisting of descriptions of two primary control points used for the horizontal and vertical control, and descriptions of two additional primary control points for every additional three miles of project length. Primary control points will be described by reference to the project alignment and the coordinate system and elevation datum utilized by the project. In addition, the Contracting Agency will supply horizontal coordinates for the beginning and ending points and for each Point of Intersection (PI) on each alignment included in the project. The Contractor shall ensure a surveying accuracy within the following tolerances: Vertical Horizontal Slope stakes ±0.10 feet ±0.10 feet Subgrade grade stakes set 0.04 feet below grade ±0.01 feet ±0.5 feet (parallel to alignment) ±0.1 feet (normal to alignment) Stationing on roadway N/A ±0.1 feet Alignment on roadway N/A ±0.04 feet Surfacing grade stakes ±0.01 feet ±0.5 feet (parallel to alignment) ±0.1 feet (normal to alignment) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-21 Roadway paving pins for surfacing or paving ±0.01 feet ±0.2 feet (parallel to alignment) ±0.1 feet (normal to alignment) The Contracting Agency may spot-check the Contractor's surveying. These spot- checks will not change the requirements for normal checking by the Contractor. When staking roadway alignment and stationing, the Contractor shall perform independent checks from different secondary control to ensure that the points staked are within the specified survey accuracy tolerances. The Contractor shall calculate coordinates for the alignment. The Contracting Agency will verify these coordinates prior to issuing approval to the Contractor for commencing with the work. The Contracting Agency will require up to seven calendar days from the date the data is received. Contract work to be performed using contractor-provided stakes shall not begin until the stakes are approved by the Contracting Agency. Such approval shall not relieve the Contractor of responsibility for the accuracy of the stakes. Stakes shall be marked in accordance with Standard Plan A10.10. When stakes are needed that are not described in the Plans, then those stakes shall be marked, at no additional cost to the Contracting Agency as ordered by the Engineer. (******) Primary survey control data provided by the Contracting Agency is indicated on the Plans. All costs associated with Roadway Surveying shall be measured and paid under the item “Construction Suveying” per 1-05.4 herein. 1-05.4 Conformity With and Deviations from Plans and Stakes (******) Section 1-05.4 is supplemented with the following: Major items of work shall be defined to include the following items: Manholes Catch Basins and Inlets Valves Vertical and Horizontal Bends Junction Boxes Cleanouts Side Sewers Illumination Systems Hydrants Major Changes in Design Grade(s) Vaults Culverts Curb, Gutter and Sidewalk Signal Systems and Equipment Retaining Walls Curb lines and sidewalks SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-22 Irrigation Sleeves under Roadways Water Meters Pressure Reducing Valve Station After the completion of the work covered by this contract, the Contractor's surveyor shall provide to the City the hard cover field book(s) containing the construction staking and as-built notes, and one set of white prints of the construction drawings upon which he has plotted the notes of the Contractor locating existing utilities, and one set of white prints of the construction drawings upon which he has plotted the as-built location of the new work as recorded in the field book(s). This drawing shall bear the surveyors seal and signature certifying its accuracy. The Contractor shall be responsible for reestablishing or locating legal survey markers such as GLO monuments or property corner monuments, conduct boundary surveys to determine Contracting Agency right-of-way locations, and obtain, review and analyze deeds and records as necessary to determine these boundaries. The Contracting Agency will provide “rights of entry” as needed by the Contractor to perform the work. The Contractor shall brush out or clear and stake or mark the right-of-way lines as designated by the Engineer. When required, the Contractor shall prepare and file a Record of Survey map in accordance with RCW 58.09 and provide a recorded copy to the Contracting Agency. The Contracting Agency will provide all existing base maps, existing horizontal and vertical control, and other material available with Washington State Plane Coordinate information to the Contractor. The Contracting Agency will also provide maps, plan sheets, and/or aerial photographs clearly identifying the limits of the areas to be surveyed. The Contractor shall establish Washington State Plane Coordinates on all points required in the Record of Survey and other points designated in the Contract documents. In accordance with RCW 58.24.040(8), No cadastral or geodetic survey monument may be disturbed without a valid permit to remove or destroy a survey monument, issued by the Washington State Department of Natural Resources. Permit applications can be obtained by calling the Public Land Survey Office at (360)902-1194. The permit application must be stamped by a registered Washington State land Surveyor. Existing right of way documentation, existing base maps, existing horizontal and vertical control descriptions, maps, plan sheets, aerial photographs and all other available material may be viewed by prospective bidders at the office of the Project Engineer. The Contractor shall perform all of the necessary calculations for the contracted survey work and shall provide copies of these calculations to the Contracting Agency. Electronic files of all survey data shall be provided and in a format acceptable to the Contracting Agency. All survey work performed by the Contractor shall conform to all applicable sections of the Revised Code of Washington and the Washington Administrative Code. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-23 The Contractor shall provide all traffic control, signing, and temporary traffic control devices in order to provide a safe work zone. As-Built Survey and Record Drawings After construction has been completed the Contractor shall perform an as-built survey and provide the information in (1) full-size paper copy and AutoCAD 2011 or later version file to the Engineer. This as-built survey shall consist of the following: Survey of rim elevation, sump elevations, and invert elevations of all storm drainage structures installed, modified or left in place within the limits of this contract. Storm pipe diameter and material; drainage structure type, size, lid type (solid cover or grate, standard or heavy duty), and lid shape; model No. of CB water quality treatment inserts installed, flowline of open channel conveyance systems at 50-foot max. intervals, and retaining wall footing drains, including cleanouts. Finished grade shots on all utility appurtenances within the limits of this contract, including, but not limited to vaults, handholes, valves, fire hydrants, water meters, junction boxes, signal poles, etc. Appurtenances with round covers should have one survey shot in the center of the manhole or valve cover, or at the center of the fire hydrant. Utility handholes and boxes shall have two shots on opposite corners of the cover. Final curb elevations, with a minimum of 5 shots at each curb return. Also, final shots along all curb and gutter, block curb, integral curb and extruded curb installed in this contract (at flowline of the curbs). Final elevations at the front and back of walk throughout the project limits. Final wall elevations at the face and top of all walls installed in this contract. Shots of all signs, trees, illumination and signal equipment installed as part of this contract. Shots to delineate all channelization installed in this contract. Throughout construction, the Contractor shall keep a set of redline drawings that record as-built information at the project site. This set of drawings shall be provided to the Engineer at the end of the project. This record drawing information shall, at a minimum, consist of the following: All changes to the Contract Plans. Pothole information gathered by the Contractor. Actual location of utility trenches, including depth to top of conduits at a minimum of 100’ spacing. Existing utility information not included in the Contract Plans, or that differs from the Contract Plans. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-24 Payment Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Construction Surveying”, lump sum. The lump sum contract price for "Construction Surveying" shall be full pay for all labor equipment, materials, and supervision utilized to perform the work specified, including any resurveying, checking, correction of errors, replacement of missing or damaged stakes, structure surveying, roadway surveying and coordination efforts. "As-Built Survey and Record Drawings", lump sum. The lump sum contract price for “As-Built Survey and Record Drawings " shall be full pay for all labor, equipment, materials, and supervision utilized to perform the work specified, including any resurveying, checking, correction of errors, replacement of missing or damaged stakes, and coordination efforts. 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. 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-25 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, 2005 APWA 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 shall be repeated until the Engineer establishes the Substantial Completion Date and the Contractor considers the work physically complete and ready for final inspection. 1-05.11(2) Final Inspection and Physical Completion Date When the Contractor considers the work physically complete and ready for final inspection, the Contractor by written notice, shall request the Engineer to schedule a final inspection. The Engineer will set a date for final inspection. The Engineer and the Contractor will then make a final inspection and the Engineer will notify the Contractor in writing of all particulars in which the final inspection reveals the work incomplete or unacceptable. The Contractor shall immediately take such corrective measures as are necessary to remedy the listed deficiencies. Corrective work shall be pursued vigorously, diligently, and without interruption until physical completion of the listed deficiencies. This process will continue until the Engineer is satisfied the listed deficiencies have been corrected. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-26 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 It is the intent of the Contracting Agency to have at the Physical Completion Date a complete and operable system. Therefore when the work involves the installation of machinery or other mechanical equipment; street lighting, electrical distribution or signal systems; irrigation systems; buildings; or other similar work it may be desirable for the Engineer to have the Contractor operate and test the work for a period of time after final inspection but prior to the physical completion date. Whenever items of work are listed in the Contract Provisions for operational testing they shall be fully tested under operating conditions for the time period specified to ensure their acceptability prior to the Physical Completion Date. During and following the test period, the Contractor shall correct any items of workmanship, materials, or equipment which prove faulty, or that are not in first class operating condition. Equipment, electrical controls, meters, or other devices and equipment to be tested during this period shall be tested under the observation of the Engineer, so that the Engineer may determine their suitability for the purpose for which they were installed. The Physical Completion Date cannot be established until testing and corrections have been completed to the satisfaction of the Engineer. The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. Operational and test periods, when required by the Engineer, shall not affect a manufacturer’s guaranties or warranties furnished under the terms of the contract. 1-05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) Delete the sixth and seventh paragraphs of this section. 1-05.14 Cooperation with Other Contractors (March 13, 1995 WSDOT GSP) Section 1-05.14 is supplemented with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-27 Other Contracts or Other Work It is anticipated that the following work adjacent to or within the limits of this project will be performed by others during the course of this project and will require coordination of the work: ***1. CenturyLink 2. Comcast 3. Puget Sound Energy*** 1-05.14(A) Notifications Relative to Contractor’s Activities Section 1-05.14(A) is a new section: (******) Notification shall be written, with a copy delivered to the Engineer within a minimum of ten (10) 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 agencies listed in Section 1-07.17 of the name(s) of the construction superintendent in responsible charge or other individuals having full authority to execute the 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. 1-05.14(B) Coordination of Work with City Section 1-05.14(B) is a 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. The Contractor will not be responsible for overtime pay to the City’s Engineer for work performed at night. All costs resulting from delays in which requests were not coordinated with the Engineer shall be the sole responsibility of the Contractor. 1-05.15 Method of Serving Notices (March 25, 2009 APWA GSP) Revise the second paragraph to read: All correspondence from the Contractor shall be directed to the Project Engineer. All correspondence from the Contractor constituting any notification, notice of protest, notice of dispute, or other correspondence constituting notification required to be furnished under the Contract, must be in paper format, hand delivered or sent via mail delivery service to the Project Engineer's office. Electronic copies such as e-mails or SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-28 electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. Add the following new section: 1-05.16 Water and Power (October 1, 2005 APWA GSP) The Contractor shall make necessary arrangements, and shall bear the costs for power and water necessary for the performance of the work, unless the contract includes power and water as a pay item. 1-05.19 Contractor’s Daily Diary Section 1-05.19 is a new section: (******) The Contractor and subcontractors, as additional consideration for payment for this contract work, hereby agree to maintain and provide to the Engineer a Daily Record of this Work. The daily record will be created by utilizing any commercially available software.. The daily record must be kept and maintained by the Contractor’s designated project superintendent. Entries must be made on a daily basis and must accurately represent all of the project activities on each day. At a minimum, the diary shall show on a daily basis: • The day and date. • The weather conditions, including changes throughout the day. • A complete description of work accomplished during the day with adequate references to the Plans and Specifications so that the reader can easily and accurately identify said work on the Plans. • An entry for each and every changed condition, dispute or potential dispute, incident, accident, or occurrence of any nature whatsoever which might affect the Contract, Owner, or any third party in any manner. • Listing of any materials received and stored on or off-site by the Contractor for future installation, to include the manner of storage and protection of the same. • Listing of materials installed during each day. • List of all subcontractors working on-site during each day. • Listing of the number of Contractor’s employees working during each day by category of employment. • Listing of Contractor’s equipment working on the site during each day. Idle equipment on the site shall be listed and designated as idle. • Notations to explain inspections, testing, stake-out, and all other services furnished to the Contractor by the Owner or other during each day. • Entries to verify the daily (including non-work days) inspection and maintenance of traffic control devices and condition of the traveled roadway surfaces. The Contractor shall not allow any conditions to develop that would be hazardous to the public. • Any other information that serves to give an accurate and complete record of the nature, quantity, and quality of the Contractor’s progress on each day. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-29 • Summary of total number of working days to date, and total number of delay days to date. All pages of the daily record must be numbered consecutively with no omissions in page numbers. The Contractor must provide a electronic copy of the daily record in Portable Document Formatt (PDF) to the Engineer each morning for the preceding workday. All copies must be legible. IT IS EXPRESSLY AGREED BETWEEN THE CONTRACTOR AND THE CONTRACTING AGENCY THAT THE DAILY DIARY MAINTAINED BY THE CONTRACTOR SHALL BE THE “CONTRACTOR’S BOOK OF ORIGINAL ENTRY” FOR THE DOCUMENTATION OF ANY POTENTIAL CLAIMS OR DISPUTES THAT MIGHT ARISE DURING THIS CONTRACT. FAILURE OF THE CONTRACTOR TO MAINTAIN THIS DIARY IN THE MANNER DESCRIBED ABOVE WILL CONSTITUTE A WAIVER OF ANY SUCH CLAIMS OR DISPUTES BY THE CONTRACTOR. THE DAILY RECORD MAINTAINED BY THE CONTRACTOR DOES NOT CONSTITUTE THE OFFICIAL RECORD OF THE PROJECT. THE OFFICIAL RECORD OF THE PROJECT IS PREPARED AND MAINTAINED EXCLUSIVELY BY THE ENGINEER. 1-06 CONTROL OF MATERIAL Buy America Section 1-06 is supplemented with the following: (August 6, 2012 WSDOT GSP) In accordance with Buy America requirements contained in 23 CFR 635.410, the major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American-made materials only. Buy America does not apply to temporary steel items, e.g., temporary sheet piling, temporary bridges, steel scaffolding and falsework. Minor amounts of foreign steel and iron may be utilized in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cost or $2,500.00, whichever is greater. American-made material is defined as material having all manufacturing processes occurring domestically. To further define the coverage, a domestic product is a manufactured steel material that was produced in one of the 50 States, the District of Columbia, Puerto Rico, or in the territories and possessions of the United States. If domestically produced steel billets or iron ingots are exported outside of the area of coverage, as defined above, for any manufacturing process then the resulting product does not conform to the Buy America requirements. Additionally, products manufactured domestically from foreign source steel billets or iron ingots do not conform to the Buy America requirements because the initial melting and mixing of alloys to create the material occurred in a foreign country. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-30 Manufacturing begins with the initial melting and mixing, and continues through the coating stage. Any process which modifies the chemical content, the physical size or shape, or the final finish is considered a manufacturing process. The processes include rolling, extruding, machining, bending, grinding, drilling, welding, and coating. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. Due to a nationwide waiver, Buy America does not apply to raw materials (iron ore and alloys), scrap (recycled steel or iron), and pig iron or processed, pelletized, and reduced iron ore. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes: a. Open hearth furnace. b. Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products. a. Spinning wire into cable or strand. b. Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form 350-109EF provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109EF. 1-06.6 Recycled Materials (January 4, 2016 APWA GSP) Section 1-06.6 is an added new section: The Contractor shall make their best effort to utilize recycled materials in the construction of the project. Approval of such material use shall be as detailed elsewhere in the Standard Specifications. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-31 Prior to Physical Completion the Contractor shall report the quantity of recycled materials that were utilized in the construction of the project for each of the items listed in Section 9-03.21. The report shall include hot mix asphalt, recycled concrete aggregate, recycled glass, steel furnace slag and other recycled materials (e.g. utilization of on-site material and aggregates from concrete returned to the supplier). The Contractor’s report shall be provided on DOT form 350-075 Recycled Materials Reporting. 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 Laws to be Observed (October 1, 2005 APWA GSP) 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. (April 3, 2006 WSDOT GSP) Section 1-07.1 is supplemented with the following: Confined Space Confined spaces are known to exist at the following locations: ***Existing storm drainage, sanitary sewer, and other utility systems, vaults, and structures, along with all new similar new construction items that meet the requirements of WAC 296-809-100.*** SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-32 The Contractor shall be fully responsible for the safety and health of all on-site workers and compliant with Washington Administrative Code (WAC 296-809). The Contractor shall prepare and implement a confined space program for each of the confined spaces identified above. The Contractors Confined Space program shall be sent to the contracting agency at least 30 days prior to the contractor beginning work in or adjacent to the confined space. No work shall be performed in or adjacent to the confined space until the plan is submitted to the Engineer as required. The Contractor shall communicate with the Project Engineer to ensure a coordinated effort for providing and maintaining a safe worksite for both the Contracting Agency’s and Contractor’s workers when working in or near a confined space. All costs to prepare and implement the confined space program shall be included in the bid prices for the various items associated with the confined space work. 1-07.2 State Taxes Delete this section, including its sub-sections, in its entirety and replace it with the following: 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 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-33 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: (******) The intentional bypass of stormwater from all or any portion of a stormwater treatement system is prohibited without the approval of the Engineer. 1-07.6 Permits and Licenses Section 1-07.6 is supplemented with the following: (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-34 Survey Monuments In accordance with RCW 58.24.040(8), no cadastral or geodetic survey monument may be disturbed without a valid permit to remove or destroy a survey monument, issued by the Washington State Department of Natural Resources. Permit applications can be obtained by calling the Public Land Survey Office at (360) 902-1194. The permit application must be stamped by a registered Washington State Land Surveyor. 1-07.7 Load Limits (March 13, 1995 WSDOT GSP) Section 1-07.7 is supplemented with the following: If the source of materials provided by the Contractor necessitates hauling over roads other than State Highways, the Contractor shall, at the Contractor's expense, make all arrangements for the use of the haul routes. 1-07.9 Wages 1-07.9(1) General Section 1-07.9(1) is supplemented with the following: (January 8, 2016 WSDOT GSP) The Federal wage rates incorporated in this contract have been established by the Secretary of Labor under United States Department of Labor General Decision No. WA160001. The State rates incorporated in this contract are applicable to all construction activities associated with this contract. (April 2, 2007 WSDOT GSP) Application of Wage Rates For The Occupation Of Landscape Construction State prevailing wage rates for public works contracts are included in this contract and show a separate listing for the occupation: Landscape Construction, which includes several different occupation descriptions such as: Irrigation and Landscape Plumbers, Irrigation and Landscape Power Equipment Operators, and Landscaping or Planting Laborers. In addition, federal wage rates that are included in this contract may also include occupation descriptions in Federal Occupational groups for work also specifically identified with landscaping such as: Laborers with the occupation description, Landscaping or Planting, or Power Equipment Operators with the occupation description, Mulch Seeding Operator. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-35 If Federal wage rates include one or more rates specified as applicable to landscaping work, then Federal wage rates for all occupation descriptions, specific or general, must be considered and compared with corresponding State wage rates. The higher wage rate, either State or Federal, becomes the minimum wage rate for the work performed in that occupation. Contractors are responsible for determining the appropriate crafts necessary to perform the contract work. If a classification considered necessary for performance of the work is missing from the Federal Wage Determination applicable to the contract, the Contractor shall initiate a request for approval of a proposed wage and benefit rate. The Contractor shall prepare and submit Standard Form 1444, Request for Authorization of Additional Classification and Wage Rate available at http://www.wdol.gov/docs/sf1444.pdf, and submit the completed form to the Project Engineer’s office. The presence of a classification wage on the Washington State Prevailing Wage Rates For Public Works Contracts does not exempt the use of form 1444 for the purpose of determining a federal classification wage rate. 1-07.11 Requirements for Nondiscrimination (August 5, 2013 WSDOT GSP) Section 1-07.11 is supplemented with the following: Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246) 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Goal Until further notice 6.9% Minorities - by Standard Metropolitan Statistical Area (SMSA) Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non-SMSA Counties 3.0 WA Adams; WA Asotin; WA Columbia; WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-36 Richland, WA SMSA Counties: Richland Kennewick, WA 5.4 WA Benton; WA Franklin. Non-SMSA Counties 3.6 WA Walla Walla. Yakima, WA: SMSA Counties: Yakima, WA 9.7 WA Yakima. Non-SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA: SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. Tacoma, WA 6.2 WA Pierce. Non-SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. Portland, OR: SMSA Counties: Portland, OR-WA 4.5 WA Clark. Non-SMSA Counties 3.8 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor’s total on-site construction workforce, regardless of whether or not part of that workforce is performing work on a Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-37 3. The Contractor shall provide written notification to the Office of Federal Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the Subcontractor; employer identification number of the Subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. The notification shall be sent to: U.S. Department of Labor Office of Federal Contract Compliance Programs Pacific Region Attn: Regional Director San Francisco Federal Building 90 – 7th Street, Suite 18-300 San Francisco, CA 94103(415) 625-7800 Phone (415) 625-7799 Fax Additional information may be found at the U.S. Department of Labor website: http://www.dol.gov/ofccp/TAguides/ctaguide.htm 4. As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246) 1. As used in these specifications: a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-38 (3) Asian or Pacific Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-39 training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-40 f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. j. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. l. Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-41 m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work- force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-42 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 16. Additional assistance for Federal Construction Contractors on contracts administered by Washington State Department of Transportation or by Local Agencies may be found at: Washington State Dept. of Transportation Office of Equal Opportunity PO Box 47314 310 Maple Park Ave. SE Olympia WA 98504-7314 Ph: 360-705-7090 Fax: 360-705-6801 http://www.wsdot.wa.gov/equalopportunity/default.htm SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-43 1-07.11 Requirements for Nondiscrimination (December 8, 2014 APWA GSP, Option B) Section 1-07.11 is supplemented with the following: Disadvantaged Business Enterprise Condition of Award Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR Part 26 apply to this Contract. Demonstrating compliance with these specifications is a Condition of Award (COA) of this Contract. Failure to comply with the requirements of this specification may result in your bid being found to be nonresponsive and may be rejected. DBE COA Goal The Contracting Agency has established a COA Contract goal in the amount of: 18%. DBE Eligibility/Selection of DBEs A Directory of Certified DBE Firms denoting the Description of Work the DBE Contractors are certified to perform is available at: www.omwbe.wa.gov/certification/index.shtml. The directory provides plain language on the Description of Work that the listed DBE’s have been certified by the Office of Minority and Women’s Business Enterprises (OMWBE) to perform. The Bidder shall use the Directory of Certified DBE Firms to confirm if a DBE is certified for the “Description of Work” the Bidder lists on the DBE Utilization Certification form # 272-056 EF (see form instructions) and therefore qualifies for credit towards the COA goal. Crediting DBE Participation Joint Venture When a DBE performs as a participant in a joint venture, only that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces shall be credited. DBE Prime Contractor A DBE Prime Contractor may only take credit for that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE Prime performs with its own forces. DBE Subcontractor When a DBE firm participates as a Subcontractor only that portion of the total dollar value of the Contract equal to the distinct, clearly defined portion of the Work that the DBE performs with its own forces shall be credited. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-44 • Include the cost of supplies and materials obtained by the DBE for the Work in the Contract including supplies purchased or equipment leased by the DBE. o However, you may not take credit for supplies, materials, and equipment the DBE Subcontractor purchases or leases from the Prime Contractor or its affiliate. In addition, Work performed by a DBE, utilizing resources of the Prime Contractor or its affiliates shall not be credited. • In very rare situations, a DBE firm may utilize equipment and/or personnel from a non-DBE firm other than the Prime Contractor or its affiliates. Should this situation arise the arrangement must be short- term and have prior written approval from the Office of Equal Opportunity (OEO). • Count the entire value of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, managerial services, or for providing bonds or insurance. • When a DBE subcontracts to another firm, the value of the subcontracted Work may be counted as participation only if the DBE's lower tier Subcontractor is also a DBE. Work that a DBE subcontracts to a non-DBE firm shall not be credited. • When non-DBE Subcontractor further subcontracts to a lower-tier Subcontractor or supplier who is a certified DBE, then that portion of the Work further subcontracted may be credited as DBE participation, provided it is a distinct clearly defined portion of the Work that the DBE is certified to perform and the DBE Subcontractor performs the Work with its own forces. • If a firm is not certified as a DBE at the time of the execution of the contract, their participation cannot be counted toward any DBE goals. Trucking Use the following factors in determining DBE credit and whether a DBE trucking company is performing a commercially useful function: 1. The DBE must be responsible for the management and supervision of the entire trucking operation for which credit is being claimed. 2. The DBE must itself own and, with its own workforce, operate at least one fully licensed, insured, and operational truck used on the Contract. 3. The DBE receives credit only for the value of the transportation services it provides on the Contract using trucks it owns or leases, licenses, insures, and operates with drivers it employs. For purposes of this requirement a lease must indicate that the DBE has exclusive use of and control over the truck. This does not preclude the leased SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-45 truck from working for others provided it is with the consent of the DBE and the lease provides the DBE first priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE. 4. The DBE may lease trucks from another DBE firm including an owner-operator provided they are certified as a DBE for trucking. The DBE who leases trucks from another DBE may claim participation for the total value of the transportation services the lessee DBE provides on the Contract. 5. The DBE may also lease trucks from a non-DBE firm and may enter into an agreement with an owner-operator who is a non-DBE. The DBE shall only receive credit for the number of additional non-DBE trucks equal or less than the number of DBE trucks the firms owns or has leased/subcontracted through another DBE trucking company. The DBE must control the work of the non-DBE trucks. If the non- DBE is performing the work without supervision of that work by the DBE, the DBE is not performing a Commercially Useful Function (CUF). 6. In any lease or owner-operator situation, as described in requirement #4 and #5 above, the following rules shall apply: a. A written lease/rental agreement is required for all trucks leased or rented; documenting the ownership and the terms of the agreement. The agreements must be submitted and approved by the Contracting Agency prior to the beginning of the Work. The agreement must show the leaser’s name, truck description and agreed upon amount and method of payment (hour, ton, or per load). All lease agreements shall be for a long-term relationship, rather than for the individual project. (This requirement does not apply to owner-operator arrangements.) b. Only the vehicle, (not the operator) may be leased or rented. (This requirement does not apply to owner-operator arrangements). 7. Credit may only be claimed for DBE trucking firms operating under a subcontract or a written agreement approved by the Contracting Agency prior to performing Work. Expenditures paid to other DBEs Expenditures paid to other DBEs for materials or supplies may be counted toward DBE goals as provided in the following: Manufacturer You may claim DBE credit for 100 percent of value of the materials or supplies obtained from a DBE manufacturer. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-46 A manufacturer is a firm that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract. A manufacturer shall include firms that produce finished goods or products from raw or unfinished material or that purchases and substantially alters goods and materials to make them suitable for construction use before reselling them. In order to receive credit as a DBE Manufacturer, the firm must be certified by OMWBE as a manufacturer in a NAICS code that falls within the 31XXXX to 33XXXX classification. Regular Dealer You may claim credit for 60 percent of the value of the materials or supplies purchased from a DBE regular dealer. Rules applicable to regular dealer status are contained in 49 CFR Part 26.55.e.2. To be considered a regular dealer you must meet the following criteria: • WSDOT considers and recognizes a regular dealer, as a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the Contract and described by the specifications of the Contract are bought, kept in stock and regularly sold or leased to the public in the usual course of business. • Sixty percent (60%) of the cost of materials or supplies purchased from an approved regular dealer may be credited as DBE participation. Regular dealer status is granted on a contract-by-contract basis. A firm wishing to be approved as a regular dealer for WSDOT contracted projects or Highways & Local Program administered projects must submit a request in writing to OEO for approval, no later than seven days prior to bid opening. Once the OEO has received the request, an onsite review will be set up with the firm and a review conducted to determine the firm’s qualifications. If it is determined that the firm qualifies as a regular dealer the OEO will list the firm on an Approved Regular Dealers List. The list may be accessed through the OEO Home website is at: www.wsdot.wa.gov/equalopportunity. Note: Requests to be listed as a regular dealer will only be processed if the requesting firm is certified by the Office of Minority and Women’s Business Enterprises in a NAICS code that fall within the 42XXXX NAICS Wholesale code section. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-47 Materials or Supplies Purchased from a DBE With regard to materials or supplies purchased from a DBE who is neither a manufacturer nor a regular dealer you may claim credit for the following: 1. Fees or commissions charged for assistance in the procurement of the materials and supplies. 2. Fees or transportation charges for the delivery of materials or supplies. In either case you may not take credit for any part of the cost of the materials and supplies. Commercially Useful Function (CUF) The Prime Contractor has a responsibility and must treat the working relationship with the DBE such that the DBE is performing a commercially useful function. The Prime Contractor may only take credit for Work performed by a DBE that is determined to be performing a commercially useful function. • A DBE performs a commercially useful function when it is responsible for execution of a distinct element of Work and is carrying out its responsibilities by performing, managing and supervising the Work involved. The DBE must also be responsible with respect to materials and supplies used on the Contract. For example; negotiating price, determining quality, determining quantities, ordering, installing (if applicable) and paying for the material itself. • A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, Contract, or project through which funds are passed. Joint Checking Allowance Prime Contractors and DBEs must receive pre-approval by the OEO before using a joint check. Joint check requests shall be submitted by the Prime Contractor to the Contracting Agency for approval. When requesting approval for use of a joint checking allowance, the Contractor must distribute a written joint check agreement among the parties (including the suppliers involved) providing full and prompt disclosure of the expected use of the joint checks. The agreement shall contain all the information concerning the parties’ obligations and consequences or remedies if the agreement is not fulfilled or a breach occurs. The joint check request shall be submitted to the Contracting Agency for approval prior to signing the contract agreement. The following are some general conditions that must be met by all parties regarding joint check use: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-48 a. It is understood that the Prime Contractor acts solely as the guarantor of a joint check. b. The DBE’s own funds are used to pay supplier of materials. The Prime Contractor does not make direct payment to supplier. In order to be performing a Commercially Useful Function (CUF), the DBE must release the check to the supplier (paying for the materials it-self and not be an extra participant in a transaction). c. If the Prime Contractor makes joint checks available to one DBE Subcontractor, the service must be made available to all Subcontractors (DBE and non-DBE). d. The relationship between the DBE and its suppliers should be established independently of and without interference by the Prime Contractor. The DBE has final decision-making responsibility concerning the procurement of materials and supplies, including which supplier to use. e. The Prime Contractor and DBE shall be able to provide receipts, invoices, cancelled checks and/or certification statements of payment if requested by the Contracting Agency. f. The DBE remains responsible for all other elements of 49 CFR 26.55(c)(1). Failure by the Prime Contractor to request and receive prior approval of a joint check arrangement will result in the joint check amount not counting towards the Prime Contractor’s DBE goal. Disadvantaged Business Enterprise Utilization Certification FORM # 272- 056 EF To be eligible for award of the Contract, the Bidder shall properly complete and submit a Disadvantaged Business Enterprise Utilization Certification with the Bidder’s sealed Bid Proposal, as specified Section 1-02.9 Delivery of Proposal. The Bidder’s Disadvantaged Business Enterprise Utilization Certification must clearly demonstrate how the Bidder intends to meet the DBE COA goal. A Disadvantaged Business Enterprise Utilization Certification (form # 272-056 EF) is included in your Proposal package for this purpose as well as instructions on how to properly fill out the form. In the event of arithmetic errors in completing the Disadvantaged Business Enterprise Utilization Certification the amount listed to be applied towards the goal for each DBE shall govern and the DBE total amount shall be adjusted accordingly. Note: The Contracting Agency shall consider as non-responsive and shall reject any Bid Proposal submitted that does not contain a Disadvantaged Business Enterprise Utilization Certification that accurately demonstrates how the Bidder intends to meet the COA goal. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-49 Disadvantaged Business Enterprise (DBE) Written Confirmation Document(s) FORM # 422-031 EF The Bidder shall submit a complete and accurate Disadvantaged Business Enterprise (DBE) Written Confirmation Document for each DBE firm listed in the Bidder’s completed Disadvantaged Business Enterprise Utilization Certification as submitted with the bid. Failure to do so will result in the associated participation being disallowed, which may result in bid rejection. A Disadvantaged Business Enterprise (DBE) Written Confirmation Document (form No. 422-031 EF) is included in your Proposal package for this purpose. The form(s) shall be received as specified in the special provisions for Section 1-02.9 Delivery of Proposal. It is prohibited for the Bidder to require a DBE to submit a Written Confirmation Document with any part of the form left blank. Should the Contracting Agency determine that a Written Confirmation Document was signed by a DBE that was not complete; the validity of the document comes into question and the associated DBE Participation may not receive credit. Selection of Successful Bidder/Good Faith Efforts (GFE) The successful Bidder shall be selected on the basis of having submitted the lowest responsive Bid, which demonstrates a good faith effort to achieve the DBE COA goal. Achieving the goal may be accomplished in one of two ways, as follows: 1. By meeting the goal The best indication of good faith efforts is to document, through submission of the Disadvantaged Business Enterprise Utilization Certification and supporting Disadvantaged Business Enterprise (DBE) Written Confirmation Document(s) that the Bidder has obtained enough DBE participation to meet or exceed the assigned DBE COA contract goal. That being the case no additional GFE documentation is required. Or; 2. By documentation that it made adequate GFE to meet the goal The Bidder may demonstrate a GFE in whole or part through GFE documentation ONLY IN THE EVENT a Bidder’s efforts to solicit sufficient DBE participation have been unsuccessful. In this case, the Bidder must supply GFE documentation in addition to the Disadvantaged Business Enterprise Utilization Certification, and supporting Disadvantaged Business Enterprise (DBE) Written Confirmation document(s). Note: In the case where the Bidder was awarded the contract based on demonstrating adequate GFE the advertised DBE goal will not be reduced to the Bidder’s partial commitment. The Bidder shall demonstrate a GFE during the life of the Contract to attain the DBE Condition of Award (COA) Goal as assigned to the project. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-50 Good Faith Efforts (GFE) Documentation GFE documentation shall be received, as specified in the special provisions for Section 1-02.9 Delivery of Proposal. Based upon all the relevant documentation submitted in Bid or as supplement to Bid, the Contracting Agency shall determine whether the Bidder has demonstrated a sufficient GFE to achieve DBE participation. The Contracting Agency will make a fair and reasonable judgment of whether a Bidder that did not meet the goal through participation, made adequate good faith efforts as demonstrated by the GFE documentation. The following is a list of types of actions, which would be considered as part of the Bidder’s GFE to achieve DBE participation. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases: 1. Attendance by the Bidder at any pre-solicitation or pre-Bid meetings that were scheduled by the Contracting Agency to inform DBEs of contracting and subcontracting or material supply opportunities available on the project; 2. Contacting local Tribes, Tribal Employment Rights Offices (TERO) concerning the subcontracting or supply opportunities in sufficient time to allow the enterprises to participate effectively; 3. Selection by the Bidder of specific economically feasible units of the project to be performed by DBEs in order to increase the likelihood of participation by DBEs even if the Bidder preferred to perform these Work items as the Prime Contractor; 4. Advertising by the Bidder in general circulation, trade association minority and trade oriented, women focus publications, concerning the subcontracting or supply opportunities; 5. Providing written notice from the Bidder to a reasonable number of specific DBEs, identified from the OMWBE Directory of Certified DBE Firms for the selected subcontracting or material supply Work, in sufficient time to allow the enterprises to participate effectively; 6. Follow-up by the Bidder of initial solicitations of interest by contacting the DBEs to determine with certainty whether they were interested. Documentation of this kind of action shall include the information outlined below: a. The names, addresses, telephone numbers of DBEs who were contacted, the dates of initial contact, and whether initial solicitations of interest were followed-up by contacting the DBEs to determine with certainty whether the DBEs were interested; SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-51 b. A description of the information provided to the DBEs regarding the plans, specifications, and estimated quantities for portions of the Work to be performed; c. Documentation of each DBE contacted but rejected and the reason(s) for that rejection; 7. Providing, to interested DBEs, adequate information about the plans, specifications, and requirements for the selected subcontracting or material supply Work; 8. Negotiating in good faith with the DBE firms, and not, without justifiable reason, rejecting as unsatisfactory, Bids that are prepared by any DBE. The DBE's standing within its industry, membership in specific groups, organizations, or associations and political or social affiliations - union vs. non-union employee status - are not legitimate causes for the rejection or non-solicitation of bids in the Prime Contractor's efforts to meet the project goal; 9. Advertising and making efforts to obtain DBE participation that were reasonably expected to produce a level of participation sufficient to meet the goal or requirements of the Contracting Agency; 10. Making any other efforts to obtain DBE participation that were reasonably expected to produce a level of participation sufficient to meet the goal or requirements of the Contracting Agency; 11. Using the services of minority community organizations, minority contractor groups, local, State, and federal minority business assistance offices and other organizations identified by WSDOT and advocates for disadvantaged, minority, and women businesses that provide assistance in the recruitment and placement of disadvantaged, minority, and women business enterprises; and 12. Using the WSDOT OEO DBE Supportive Services to assist you. For more information please contact the OEO by calling toll free at (888) 259-9143 or emailing dbess@wsdot.wa.gov. Administrative Reconsideration of GFE Documentation Any Bidder has the right to reconsideration but only for the purpose of reassessing their GFE documentation that was determined to be inadequate. • The Bidder must request and schedule a reconsideration hearing within seven calendar days of notification of being nonresponsive or forfeit the right to reconsideration. • The reconsideration decision on the adequacy of the Bidder’s GFE documentation shall be made by an official who did not take part in the original determination. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-52 • The Bidder shall have the opportunity to meet in person with the official for the purpose of setting forth the Bidder’s position as to why the GFE documentation demonstrates a sufficient effort. • The reconsideration official shall provide the Bidder with a written decision on reconsideration within five business days of the hearing explaining the basis for their finding. Procedures between Award and Execution After Award and prior to Execution the Bidder shall provide the additional information described below. Failure to comply shall result in the forfeiture of the Bidder’s Proposal bond or deposit. 1. Additional information for all successful DBE’s as shown on the Disadvantaged Business Enterprise Utilization Certification: a. Correct business name, federal employee identification number (if available), and mailing address. b. List of all Bid items assigned to each successful DBE firm, including unit prices and extensions. c. Description of partial items (if any) to be sublet to each successful DBE firm specifying the distinct elements of Work under each item to be performed by the DBE and including the dollar value of the DBE portion. Total amounts shown for each DBE shall not be less than the amount shown on the Disadvantaged Business Enterprise Utilization Certification. A breakdown that does not conform to the Disadvantaged Business Enterprise Utilization Certification or that demonstrates a lesser amount of DBE participation than that included in the Disadvantaged Business Enterprise Utilization Certification will be returned for correction. 2. A list of all firms who submitted a Bid or quote in an attempt to participate in this project whether they were successful or not. Include the business name and a mailing address. Note: The firms identified by the Prime Contractor may be contacted by the Contracting Agency to solicit general information as follows: age of the firm and average of its gross annual receipts over the past three- years. Procedures after Execution Crediting DBE Participation toward Meeting the Goal Reporting All DBE work whether COA or race neutral participation is reported. The Prime Contractor shall submit a Quarterly Report of Amounts Credited as DBE Participation form (422-102 EF) on a quarterly basis SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-53 for any calendar quarter in which DBE has accomplished Work or upon completion of the project, as appropriate. The dollars are to be reported as specified herein. In the event that the payments to a DBE have been made by an entity other than the Prime Contractor, as in the case of a lower-tier Subcontractor or supplier, then the Prime Contractor shall obtain the quarterly report, including the signed affidavit, from the paying entity and submit the report to the Contracting Agency. Changes in DBE COA participation Owner initiated Change Orders The Prime Contractor shall demonstrate a GFE to substitute COA DBE participation when the Contracting Agency deletes W ork items by change order that impact a COA DBE’s Work. When the Contract allows alternate Work methods which serve to delete or create under-runs in COA DBE Work then the Prime Contractor must provide documentation of negotiating the change with the DBE that was to perform the reduced Work and demonstrate a GFE to substitute other DBE COA participation. Original Quantity Under runs In the event that Work committed to a DBE firm as part of the COA under runs the original planned quantities the Prime Contractor shall demonstrate a GFE to substitute other DBE COA participation. Contractor-Initiated Proposals—General The Contractor cannot reduce the amount of work committed to a DBE firm at contract award without good cause and only with written concurrence from the OEO. Reducing a COA DBE’s Work is viewed as a partial DBE termination, subject to the procedures below. DBE Termination A COA DBE Subcontractor may only be terminated in whole or part with the approval of the Contracting Agency (in coordination with OEO). Approval will be granted provided the Prime Contractor demonstrates that the termination is based on good cause. Good cause typically includes situations where the DBE Subcontractor is unable or has failed to perform the work of its subcontract in accordance with normal industry standards. While not all inclusive, some examples of good cause include the following circumstances: Good cause may exist if: • The listed DBE Subcontractor fails or refuses to execute a written contract. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-54 • The listed DBE Subcontractor fails or refuses to perform the work of its subcontract in a way consistent with normal industry standards. • The listed DBE Subcontractor fails or refuses to meet the Prime Contractor’s reasonable, nondiscriminatory bond requirements. • The listed DBE Subcontractor becomes bankrupt, insolvent, or exhibits credit unworthiness. • The listed DBE Subcontractor is ineligible to work on public works projects because of suspension and debarment proceedings pursuant 2 CFR Parts 180, 215 and 1,200 or applicable state law. • The listed DBE Subcontractor voluntarily withdraws from the project and provides to you written notice of its withdrawal. • The listed DBE is ineligible to receive DBE credit for the type of work required. • A DBE owner dies or becomes disabled with the result that the listed DBE is unable to complete its work on the contract. Good cause does not exist if: • The Prime Contractor seeks to terminate a COA DBE so that the Prime can self-perform the Work. • The Prime Contractor seeks to terminate a COA DBE so the Prime Contractor can substitute another DBE or non-DBE after contract award. • The failure or refusal of the DBE Subcontractor to perform its work on the subcontract results from the bad faith or discriminatory action of the Prime Contractor (e.g., the failure of the Prime Contractor to make timely payments or the unnecessary placing of obstacles in the path of the DBE’s Work). Prior to requesting termination, the Prime Contractor must give notice in writing to the DBE Subcontractor with a copy to the Contracting Agency of its intent to request to terminate DBE work and the reasons for doing so. The DBE Subcontractor shall have five (5) days to respond to the prime Contractor’s notice. The DBE’s response shall either support the termination or advise the Contracting Agency and the Prime Contractor of the reasons it objects to the termination of its subcontract. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-55 When a COA DBE firm is “terminated” from a Contract (or fails to complete its Subcontract for any reason), the Prime Contractor shall make every good faith effort to substitute another DBE Firm (ref.to 49 CFR 26.53(g)). Graduation When a DBE firm “graduates” from the DBE program (during the course of an executed subcontract), the DBE participation of that firm “may” continue to count towards the contract DBE goal. Decertification When a COA DBE firm who has a signed subcontract in place with a Prime, later becomes “decertified” (during the course of that subcontract) – the DBE participation of that firm “may” continue to count towards the Contract DBE goal. Counting payments Payments to a DBE firm will count toward DBE goals only if the participation is in accordance with these specifications. Prompt Payment Prompt payment to all Subcontractors shall be in accordance with Section 1-08.1(1) of these Contract special provisions. Payment Compensation for all costs involved with complying with the conditions of this specification and any other associated DBE requirements is included in payment for the associated Contract items of Work. Damages for Noncompliance The Prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Prime Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Contracts, which contain funding assistance from the United States Department of Transportation. Failure by the Prime Contractor to carry out these requirements is a material breach of this Contract, which may result in the Termination of this Contract or such other remedy as the Contracting Agency deems appropriate. If the Prime Contractor does not comply with any part of its Contract as required under 49 CFR part 26, and/or any other applicable law or regulation regarding DBE, the Contracting Agency may withhold payment, suspend the ability of the Prime Contractor to participate in future Contracting Agency contracts, impose sanctions or Terminate the Contract, and subject the Prime Contractor to civil penalties of up to ten percent of the amount of the Contract for each violation. In the case of WSDOT Contracts, prequalification may be suspended pursuant to WAC 468-16-180, and continuous violations (exceeding a single violation) may SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-56 also disqualify the Prime Contractor from further participation in WSDOT Contracts for a period of up to three years. An apparent low Bidder must be in compliance with these Contract Provisions as a condition precedent to the granting of a notice of award by the Contracting Agency. The Prime Contractor is entitled to request an adjudicative proceeding with respect to the Contracting Agency’s determination of Contract violation and assessed penalties by filing a written application within thirty days of receipt of notification. The adjudicative proceeding, if requested, will be conducted by an administrative law judge pursuant to the procedures set forth in RCW 34.05 and Chapter 10.08 of the Washington Administrative Code. 1-07.12 Federal Agency Inspection (July 30, 2012 WSDOT GSP) Section 1-07.12 is supplemented with the following: (January 25, 2016 WSDOT GSP) Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) Revised May 1, 2012 and the amendment thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this Contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this Contract require that the Contractor insert the FHWA 1273 and amendments thereto in each Subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each Subcontract requiring the Subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier Subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each Subcontract for Subcontractors and lower tier Subcontractors. For this purpose, upon request to the Project Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. 1-07.13 Contractor's Responsibility for Work (August 6, 2001 WSDOT GSP) 1-07.13(4) Repair of Damage Section 1-07.13(4) is revised to read: The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1-07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-57 Payment will be limited to repair of damaged work only. No payment will be made for delay or disruption of work. 1-07.15 Temporary Water Pollution / Erosion Control 1-07.15(1) Spill Prevention, Control and Countermeasures Plan (******) Payment will be made under the following bid item(s) when it appears in the Proposal: “SPCC Plan”, per lump sum. 1-07.17 Utilities and Similar Facilities (April 2, 2007 WSDOT GSP) Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: *** Comcast 410 Valley Ave NW, Suite 12-C Puyallup, WA 98371 Attn: Bill Walker Puget Sound Energy (Gas) 3130 S. 38th St. Tacoma, WA 98409 Attn: Chang Pak Telephone: 253-395-6988 CenturyLink 23315 66th Avenue S Kent, WA 98032 Attn: Jason Tesdal Tel: (206) 345-3488 Puget Sound Energy (Power) 3130 S 38th St Tacoma, WA 98409 Attn: Brian Swart Telephone: (253) 395-6839 Lakehaven Utility District 31623 First Avenue South P. O. Box 4249 Federal Way, WA 98063 Attn: Wes Hill King County Traffic Operations 155 Monroe Avenue NE Renton, WA 98056 Attn: Mark Parrett Tel: 206-296-8153 ZAYO Group Attn: Scott Morrison Email: scott.morrison@zayo.com City of Federal Way Police 33325 8sth Ave S Federal Way, WA 98003 Tel: (253) 835-6701 (to schedule officer traffic control support) Tel: (253) 835-6767 (for traffic/road closure issues) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-58 South King Fire & Rescue 31617 1st Ave S Federal Way, WA 98003 Tel: (253) 946-7253 *** 1-07.17 Utilities and Similar Facilities Section 1-07.17 is supplemented with the following: (******) Public and private utilities, or their contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions. Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project. 1-07.18 Public Liability and Property Damage Insurance Delete this section in its entirety, and replace it with the following: 1-07.18 Insurance (January 4, 2016 APWA GSP) 1-07.18(1) General Requirements A. The Contractor shall procure and maintain the insurance described in all subsections of section 1-07.18 of these Special Provisions, from insurers with a current A. M. Best rating of not less than A-: VII and licensed to do business in the State of Washington. The Contracting Agency reserves the right to approve or reject the insurance provided, based on the insurer’s financial condition. B. The Contractor shall keep this insurance in force without interruption from the commencement of the Contractor’s Work through the term of the Contract and for thirty (30) days after the Physical Completion date, unless otherwise indicated below. C. If any insurance policy is written on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. The policy shall state that coverage is claims made, and state the retroactive date. Claims- made form coverage shall be maintained by the Contractor for a minimum of 36 months following the Completion Date or earlier termination of this Contract, and the Contractor shall annually provide the Contracting Agency with proof of renewal. If renewal of the claims made form of coverage becomes unavailable, or economically prohibitive, the Contractor shall purchase an extended reporting period (“tail”) or execute another form of guarantee acceptable to the Contracting Agency to assure financial responsibility for liability for services performed. D. The Contractor’s Automobile Liability, Commercial General Liability and Excess or Umbrella Liability insurance policies shall be primary and non-contributory insurance as respects the Contracting Agency’s insurance, self-insurance, or self-insured pool coverage. Any insurance, self-insurance, or self-insured pool coverage maintained by SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-59 the Contracting Agency shall be excess of the Contractor’s insurance and shall not contribute with it. E. The Contractor shall provide the Contracting Agency and all additional insureds with written notice of any policy cancellation, within two business days of their receipt of such notice. F. The Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by the Contracting Agency G. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the Contracting Agency may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the Contracting Agency on demand, or at the sole discretion of the Contracting Agency, offset against funds due the Contractor from the Contracting Agency. H. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made. 1-07.18(2) Additional Insured All insurance policies, with the exception of Workers Compensation, and of Professional Liability and Builder’s Risk (if required by this Contract) shall name the following listed entities as additional insured(s) using the forms or endorsements required herein: the Contracting Agency and its officers, elected officials, employees, agents, and volunteers Consultants hired by the Contracting Agency for design, construction support, and materials testing. The above-listed entities shall be additional insured(s) for the full available limits of liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract, and irrespective of whether the Certificate of Insurance provided by the Contractor pursuant to 1-07.18(4) describes limits lower than those maintained by the Contractor. For Commercial General Liability insurance coverage, the required additional insured endorsements shall be at least as broad as ISO forms CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 1-07.18(3) Subcontractors The Contractor shall cause each Subcontractor of every tier to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that all Subcontractors of every tier add all entities listed in 1-07.18(2) as additional insureds, and provide proof of such on the policies as required by that section as detailed in 1-07.18(2) using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-60 Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency evidence of insurance and copies of the additional insured endorsements of each Subcontractor of every tier as required in 1-07.18(4) Verification of Coverage. 1-07.18(4) Verification of Coverage The Contractor shall deliver to the Contracting Agency a Certificate(s) of Insurance and endorsements for each policy of insurance meeting the requirements set forth herein when the Contractor delivers the signed Contract for the work. Failure of Contracting Agency to demand such verification of coverage with these insurance requirements or failure of Contracting Agency to identify a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. Verification of coverage shall include: 1. An ACORD certificate or a form determined by the Contracting Agency to be equivalent. 2. Copies of all endorsements naming Contracting Agency and all other entities listed in 1-07.18(2) as additional insured(s), showing the policy number. The Contractor may submit a copy of any blanket additional insured clause from its policies instead of a separate endorsement. 3. Any other amendatory endorsements to show the coverage required herein. 4. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. Upon request by the Contracting Agency, the Contractor shall forward to the Contracting Agency a full and certified copy of the insurance policy(s). If Builders Risk insurance is required on this Project, a full and certified copy of that policy is required when the Contractor delivers the signed Contract for the work. 1-07.18(5) Coverages and Limits The insurance shall provide the minimum coverages and limits set forth in Section 9 of the Public Works Contract for this project. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the Contracting Agency’s recourse to any remedy available at law or in equity. All deductibles and self-insured retentions must be disclosed and are subject to approval by the Contracting Agency. The cost of any claim payments falling within the deductible or self- insured retention shall be the responsibility of the Contractor. In the event an additional insured incurs a liability subject to any policy’s deductibles or self-insured retention, said deductibles or self-insured retention shall be the responsibility of the Contractor. 1-07.18(5)A Commercial General Liability Commercial General Liability insurance shall be written on coverage forms at least as broad as ISO occurrence form CG 00 01, including but not limited to liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-61 The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. Contractor shall maintain Commercial General Liability Insurance arising out of the Contractor’s completed operations for at least three years following Substantial Completion of the Work. 1-07.18(5)B Automobile Liability Automobile Liability shall cover owned, non-owned, hired, and leased vehicles; and shall be written on a coverage form at least as broad as ISO form CA 00 01. If the work involves the transport of pollutants, the automobile liability policy shall include MCS 90 and CA 99 48 endorsements. 1-07.18(5)C Workers’ Compensation The Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 1-07.18(5)J Pollution Liability (January 4, 2016 APWA GSP) The Contractor shall provide a Contractors Pollution Liability policy, providing coverage for claims involving bodily injury, property damage (including loss of use of tangible property that has not been physically injured), cleanup costs, remediation, disposal or other handling of pollutants, including costs and expenses incurred in the investigation, defense, or settlement of claims, arising out of any one or more of the following: 1. Contractor’s operations related to this project. 2. Remediation, abatement, repair, maintenance or other work with lead-based paint or materials containing asbestos. 3. Transportation of hazardous materials away from any site related to this project. All entities listed under 1-07.18(2) of these Special Provisions shall be named by endorsement as additional insureds on the Contractors Pollution Liability insurance policy. 1-07.18(5)K Professional Liability (January 4, 2016 APWA GSP) The Contractor and/or its Subcontractor(s) and/or its design consultant providing construction management, value engineering, or any other design-related non-construction professional services shall provide evidence of Professional Liability insurance covering professional errors and omissions. If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability insurance shall include coverage for Environmental Professional Liability. If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-62 1-07.23 Public Convenience and Safety 1-07.23(1) Construction under Traffic (January 2, 2012 WSDOT GSP) Section 1-07.23(1) is supplemented with the following: 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: 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 Section 1-07.23(1) is supplemented with the following: (******) Pedestrian Access SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-63 The Contractor shall keep all pedestrian routes and access points (including but not limited to sidewalks, and crosswalks when located within the project limits) open and clear at all times unless permitted otherwise by the Engineer in an approved traffic control plan. 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 (10:00 p.m. to 7:00 a.m. weekdays, 10:00 p.m. to 9:00 a.m. weekends and holidays) is not mandated by the Contracting Agency. Should the Contractor schedule project work during the nighttime closure hours allowed below, it shall be the Contractor’s responsibility to obtain any required noise variance or exemption for such work. Signal Turn-On Signal turn-on for new or rebuilt control equipment will be permitted Tuesday through Thursday, between 8:00 PM and 5:00 AM the same day. During signal turn-on, the Contractor shall provide City of Federal Way police officer(s) to manually, control intersections. Closure Restrictions Traffic closures will not be allowed during the following time periods: Holidays - from noon the day prior to a holiday or holiday weekend through noon the day following a holiday or holiday weekend. Holidays that occur on Friday, Saturday, Sunday, or Monday are considered a holiday weekend. 1-07.24 Rights Of Way (July 23, 2015 APWA GSP) Delete this section 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-64 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. 1-07.28 Communication with Businesses and Property Owners (****) Section 1-07.28 is added: 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-65 Thereafter, the Contractor shall keep the businesses informed of their general work locations and activities for the upcoming two (2) months by distributing 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. 1-08 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. Add the following new section: 1-08.0(2) Hours of Work (December 8, 2014 APWA GSP) Except in the case of emergency or unless otherwise approved by the Engineer, the normal working hours for the Contract shall be any consecutive 8-hour period between SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-66 7:00 a.m. and 6:00 p.m. Monday through Friday, exclusive of a lunch break. If the Contractor desires different than the normal working hours stated above, the request must be submitted in writing prior to the preconstruction conference, subject to the provisions below. The working hours for the Contract shall be established at or prior to the preconstruction conference. All working hours and days are also subject to local permit and ordinance conditions (such as noise ordinances). If the Contractor wishes to deviate from the established working hours, the Contractor shall submit a written request to the Engineer for consideration. This request shall state what hours are being requested, and why. Requests shall be submitted for review no later than noon on the working day prior to the day(s) the Contractor is requesting to change the hours. If the Contracting Agency approves such a deviation, such approval may be subject to certain other conditions, which will be detailed in writing. For example: 1. 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. (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 or third party consultants when, in the opinion of the Engineer, such work necessitates their presence.) 2. Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. 3. 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. 4. If a 4-10 work schedule is requested and approved the non working day for the week will be charged as a working day. 5. If Davis Bacon wage rates apply to this Contract, all requirements must be met and recorded properly on certified payroll. 1-08.1 Subcontracting (October 12, 1998 WSDOT GSP) Section 1-08.1 is supplemented with the following: Prior to any subcontractor or lower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-67 A subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421-012), and 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal-aid Projects (Form 420-004). The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period. (July 23, 2015 APWA GSP) Delete the eighth paragraph and replace it with the following: On all projects funded with federal assistance the Contractor shall submit “Quarterly Report of Amounts Credited as DBE Participation” (form 422-102 EF) on a quarterly basis, in which DBE Work is accomplished, for every quarter in which the Contract is active or upon completion of the project, as appropriate. The quarterly reports are due on the 20th of April, July, October, and January for the four respective quarters. 1-08.3(2)A Type A Progress Schedule (March 13, 2012 APWA GSP) Revise this section to read: The Contractor shall submit 2 copies of a Type A Progress Schedule no later than at the preconstruction conference, or some other mutually agreed upon submittal time. The schedule may be a critical path method (CPM) schedule, bar chart, or other standard schedule format. Regardless of which format used, the schedule shall identify the critical path. The Engineer will evaluate the Type A Progress Schedule and approve or return the schedule for corrections within 15 calendar days of receiving the submittal. 1-08.4 Prosecution of the Work Delete this section and replace it with the following: 1-08.4 Notice to Proceed and Prosecution of Work (July 23, 2015 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-68 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 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-69 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 Section 1-08.5 is supplemented with the following: (March 13, 1995 WSDOT GSP) This project shall be physically completed within 60 working days. Section 1-08.5 is supplemented with the following: (******) The working days includes time to accomplish all force account work in the bid schedule. All project work from STA 10+30 RT to STA 14+15 RT (school/park parking lot improvements) including but not limited to excavation, base course, concrete work, asphalt paving, and striping shall be completed and open for public use before September 2, 2016. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-70 1-08.6 Suspension of Work (****) Supplement Section 1-08.6 with the following: Contract time may be suspended for procurement of critical materials (Procurement Suspension). In order to receive Procurement Suspension, the Contractor shall, within 14 calendar days after execution by the Contracting Agency, place purchase orders for all materials deemed critical by the Contracting Agency for the physical completion of the contract. Such purchase orders shall disclose the purchase order date and estimated delivery dates for such critical material. The Contractor shall show procurement of the materials listed below as activiites in the Progress Schedule. If the approved Progress Schedule indicated that the material procurement are critical activiites, and if the Contractor has provided documentation that purchase orders are placed for the critical materials within the prescribed 14 calendar days, then the contract time shall be suspended upon physical completion of all critical work except that work dependent upon the listed critical matericals: *** Luminaire Poles *** Procurement Suspension shall be a maximum of 50 calendar days, unless otherwise approved by the Engineer. Chargin of contract time will resume upon the delivery of the critical materials to the Contractor. 1-08.7 Maintenance During Suspension (****) Revise the second paragraph to read: At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk/path for public use during suspension (as required in Section 1-07.23 of the Special Provisions). This may include a temporary road or detour. 1-08.9 Liquidated Damages (August 14, 2013 APWA GSP) Revise the fourth paragraph to read: When the Contract Work has progressed to Substantial Completion as defined in the Contract, the Engineer may determine that the work is Substantially Complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, the formula for liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Project Engineer, the SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-71 Contractor shall furnish a written schedule for completing the physical Work on the Contract. 1-09 MEASUREMENT AND PAYMENT 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: (******) 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 other bid items on the project and no other compensation will be made for this item. The Contractor will provide City with copy(s) of agreement(s). Payment is made under the following bid item: “Mobilization” per lump sum. The lump sum bid price for 'Mobilization" shall include, but not limited to, the following items: the movement of the Contractor's personnel, equipment, supplies and incidentals to the project site; the establishment of the Contractor’s 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. 1-09.8 Payment for Material on Hand (August 3, 2009 WSDOT GSP) Payment For Material On Hand The last paragraph of Section 1-09.8 is revised to read: The Contracting Agency will not pay for material on hand when the invoice cost is less than $2,000. As materials are used in the work, credits equaling the partial payments for them will be taken on future estimates. Each month, no later than the estimate due date, the Contractor shall submit a letter to the Project Engineer that clearly states: 1) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-72 the amount originally paid on the invoice (or other record of production cost) for the items on hand, 2) the dollar amount of the material incorporated into each of the various work items for the month, and 3) the amount that should be retained in material on hand items. If work is performed on the items and the Contractor does not submit a letter, all of the previous material on hand payment will be deducted on the estimate. Partial payment for materials on hand shall not constitute acceptance. Any material will be rejected if found to be faulty even if partial payment for it has been made. 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: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-73 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 Section 1-09.9(1) content and title is deleted and replaced with the following: (June 27, 2011 WSDOT GSP) Vacant 1-09.13 Claims Resolution 1-09.13(3) Claims $250,000 or Less (October 1, 2005 APWA 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 (July 23, 2015 APWA 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 is located, provided that where claims subject to arbitration are asserted against a county, RCW 36.01.05 shall control venue and jurisdiction of the Superior Court. 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 1-10.1 General Revise the first paragraph to read: (******) 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-74 shall supplement Construction Staging Plans. The plans as provided by the Contractor shall include and not be limited to the following information: • Stop line locations with station and offset to verify safety of intersection turning radius for vehicles. • Minimum lane widths provided for vehicular travel. • Turn pocket length, gap, and tapers in conformance with the City of Federal Way Standard Detail DWG 3-19A, and WSDOT standard plans. 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 two (2) project signs (4’ x 8’) per the detail provided by the City. 1-10.2 Traffic Control Management General (January 8, 2016 WSDOT GSP) Section 1-10.2(1) is supplemented with the following: Only training with WSDOT TCS card and WSDOT training curriculum is recognized in the State of Washington. The Traffic Control Supervisor shall be certified by one of the following: The Northwest Laborers-Employers Training Trust 27055 Ohio Ave. Kingston, WA 98346 (360) 297-3035 Evergreen Safety Council 12545 135th Ave. N. Kirkland, WA 98034-8709 1-800-521-0778 or (425) 814-3930 The American Traffic Safety Services Association 15 Riverside Parkway, Suite 100 Fredericksburg, Virginia 22406-1022 Training Dept. Toll Free (877) 642-4637 Phone: (540) 368-1701 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-75 1-10.2(2), Traffic Control Plans Section 1-10.2(2) is supplemented with the following: (******) The following minimum Traffic Control requirements shall be maintained during the construction of the project: 1. The Contractor shall maintain continuous two-way traffic along streets throughout the project site. The Contractor shall have the option, with the approval of the Engineer, of momentarily interrupting the continuous two-way traffic to allow one-way traffic. Such interruptions shall utilize qualified flaggers placed in strategic locations to insure the public safety and minimize driver confusion. A momentary interruption shall be defined as a period of time not to exceed two (2) minutes. Regardless of the period of time no queue greater than ten (10) cars in length will be allowed. 2. The Contractor shall be responsible for notifying all affected property owners prior to commencing the barricading of streets, sidewalks and driveways. 3. All business driveways shall remain open except as necessary to permit curing of construction materials or for short periods of time as required for excavations. However, at least one (1) driveway per business shall remain open to vehicular traffic at all times unless otherwise approved by the Engineer and affected property owner in writing. If a business has only one driveway, then that driveway must be constructed one-half at a time to allow the passage of vehicles. The amount of time that a driveway can be closed will be limited. Business owners shall be notified in writing at least 48 hours in advance of any planned driveway closures. 4. Signs and barricades shall be supplemented by Type C steady burn lights to delineate edge of roadway during the hours of darkness. 5. Any asphalt concrete pavement, crushed surfacing, or gravel base for maintaining traffic during the life of this contract shall be placed by the Contractor immediately upon request by the Engineer. In addition, cuts made in the traveled lanes or on walkways that are paved will be temporarily patched with hot mix and maintained daily until such time as a permanent patch can be made. Payment for crushed surfacing, gravel and asphalt will be paid at their respective bid items, as included in the contract. 6. Detours will not be allowed except as noted herein or Section 1-07.23(2) as amended. 7. Drivers of motor vehicles used in connection with the construction shall obey traffic rules posted for such location in the same manner and under the same restrictions as provided for the drivers of private vehicles. 8. The Contractor shall, at all times throughout the project, conduct the work in such a manner as will obstruct and inconvenience vehicular and pedestrian traffic as little as possible. The streets, sidewalks and private driveways shall be SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-76 kept open by the Contractor except for the brief periods when actual work is being done. The Contractor shall so conduct his operations so as to have under construction no greater length or amount of work than he can prosecute vigorously and he shall not open up sections of the work and leave them in an unfinished condition. See Section 1-07.23(1) for additional driveway closure requirements. 9. The Contractor shall provide traffic cones, barricades and drums, with warning lights in sufficient number and in good condition as required to protect the work and the public throughout the length of the job. Traffic Safety Drums with flashers in addition to temporary striping will be used to channelize traffic through construction zones. Opposing lanes of traffic will be separated by pylons when clearance for drums is not adequate. All signing and channelization shall be per current MUTCD standards. 10. Temporary paint striping, reflective marking tape, and/or retroreflective tubular markers shall be required for each shift of traffic control. The Contractor shall provide temporary striping, reflective marking tape, and/or retroreflective tubular markers as required at the direction of the Engineer. Paint, reflective marking tape, and/or retroreflective tubular markers used for temporary striping shall meet the requirement of Section 8-23 of these Special Provisions. 11. The Contractor provided Traffic Control Plans shall lay out traffic control device spacing, tapers, etc., to scale, shall contain accurate dimensions and legends and shall be signed by the preparer. Special Conditions • Closure of one lane at a time on Dash Pt Rd may occur between the hours of 7AM to 7PM, except as modified belowl • If a lane closure is required, at least one lane of traffic (alternating directions / flagger controlled) shall be maintained at all times. • Any closures between 7PM to 7AM require prior approval by the City. • No lane closures on Dash Point Road shall be allowed within 100’ of the intersection of Dash Point Road and the School driveway after Federal Way Public Schools are in session, without prior approval of the City. • When school is in session, no lane closures may occur within the project limits before 8:15AM or between 2:30PM to 3:10PM. These hours may be adjusted by the City on school half-days. • When school is in session, no work may occur within the park/school parking lot before 8:15AM or after 2:30PM. These hours may be adjusted by the City on school half-days. • All business accesses will remain open during business hours. • No more than one shift may be worked per day without approval of the Engineer. • Pedestrians must have access to pedestrian push buttons at all times. • The Contractor shall maintain at least one continuous ADA accessible pedestrian walkway throughout the project at all times. • Bus stops shall remain ADA accessible to pedestrians at all times throughout the project. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-77 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 City shall reimburse the Contractor for the use of off-duty uniformed police officers at the invoiced cost per Standard Specifications 1-09.6 Force Account. 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 for each request for off-duty police officers. It shall be the Contractors responsibility to arrange a work schedule to minimize any additional costs incurred by the minimum three (3) hour call out requirement. No reimbursement of any portion of the minimum callout will be allowed where Contractor- made schedule revisions occur after an off-duty officer has been procured. Off-duty Uniformed Police Officer will be required only when the signal system is in flashing mode or is not operational or otherwise approved by the project engineer. 1-10.3(3) Traffic Control Devices Section 1-10.3(3) of the Standard Specifications are revised to read as follows: (******) All signs required by the approved traffic control plan(s) as well as any other appropriate signs prescribed by the Engineer shall be furnished by the Contractor. The Contractor shall provide the posts or supports and erect and maintain the signs in a clean, neat, and presentable condition until the necessity for them has ceased. All non- applicable signs shall be removed or completely covered with metal, plywood, or an Engineer approved product specifically manufactured for sign covering during periods when they are not needed. When the need for these signs has ceased, the Contractor upon approval of the Engineer, shall remove all signs, posts, and supports from the project and they shall remain the property of the Contractor. All orange background signs shall utilize materials, and be fabricated in accordance with, Section 9-28. All new orange background signs and all W20-7a "Flagger Ahead" signs shall be fabricated with Type IV or Type VII fluorescent orange sign sheeting. All post mounted signs with Type IV or VII sheeting shall use a nylon washer between the twist fasteners (screw heads, bolts, or nuts) and the reflective sheeting. There shall be no intermixing of signs with non-fluorescent orange reflective sign sheeting and signs with fluorescent orange reflective sign sheeting on the same sign post. Construction signs will be divided into two classes. Class A construction signs are those signs that remain in service throughout the construction or during a major phase SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-78 of the work. They are mounted on posts, existing fixed structures, or substantial supports of a semi-permanent nature. Sign and support installation for Class A signs shall be in accordance with the Contract Plans or the Standard Plans. Class B construction signs are those signs that are placed and removed daily, or are used for short durations which may extend for one or more days. They are mounted on portable or temporary mountings. In the event of disputes, the Engineer will determine if a construction sign is considered as a Class A or B construction sign. If it is necessary to add weight to signs for stability, only a bag of sand that will rupture on impact shall be used. The bag of sand shall: (1) be furnished by the Contractor, (2) have a maximum weight of 40 pounds, and (3) be suspended no more than 1 foot from the ground. Payment for setup and take down of Class B signs will be limited to the labor cost to do the work described in Section 1-10.3(1), and for transportation described in Section 1- 10.3(2). Signs, posts, or supports that are lost, stolen, damaged, destroyed, or which the Engineer deems to be unacceptable while their use is required on the project, shall be replaced by the Contractor without additional compensation. Traffic Safety Drums used to delineate driveways and access locations to private properties within the work zone shall be yellow in color. The following devices are deemed compliant with the crashworthiness requirements of NCHRP 350 and are approved for use on the project: Approved Category II Devices Type I & II Barricades Manufacturer Model Number WLI Industries Safety Cade Type II Bent Manufacturing Unicade Bent Manufacturing Waffle Barricade Bent Manufacturing Type II Plywood or Plastic Panel Eastern Metal Type I & II Barricades Plasticade Products Fibercade Type II Plasticade Products Plasticade Type II Dicke Tool Company Type I Plastic Barricade TrafFix Devices, Inc. Plastic Folding Type I Barricade The Roadmaker Company Type II Plastic Barricade Three D Traffic Works, Inc. TD2000 Works Barricade Protection Services, Inc. Type I & II Barricades Flex-O-Lite Type I Barricade United Rentals Highways Type I & II Barricades Bureau of Highway Safety Penn. Type III Barricade The Cortina Companies Type I Plastic Barricades SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-79 Type III Barricades Manufacturer Model Number Bent Manufacturing Type III Barricade Recycled Plastic Products Hollow Core Plastic Barricade Yodock Wall Company Yodock 2001m Type III Barricade Cantel of Medford, Inc. EZ-UP Type III Barricade Davidson Plastics Corp. T3B Type III Barricade Approved Portable Signs and Stands Manufacturer Model Number Montana DOT DWG# 618-02 (Plywood) WLI SafetyCor Sign System (Plastic) Texas DOT Skid Mounted Sign Support (Plywood) Reflexite/Eastern Metals DF 400 & DF 4700 TX (Endurance plastic) (Aluminum signs are not approved for use with the above listed stands at this time Wood Sign Posts Use the below charts to determine post size for Class A construction signs. One Post Installation Post Size Min. Sign Sq. Ft. Max. Sign Sq. Ft. 4x4 - 16.0 4x6 17.0 20.0 6x6 21.0 25.0 6x8 26.0 31.0 Two Post Installation (For signs 5 feet or greater in width) 4x4 - 16.0 4x6 17.0 36.0 6x6 37.0 46.0 6x8 47.0 75.0 * * The Engineer shall determine post size for signs greater than 75 square feet. 1-10.3(4) Temporary Pavement Marking Section 1-10.3(4) is a 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. Description SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-80 The Contractor shall install and remove approved 4-inch-wide reflective traffic tape, paint line, RPMs and pavement markings per City of Federal Way Standard Details DWG - 3-17, DWG - 3-18, and DWG - 3-19, as shown on the Plans, specified in the Special Provisions for this Contract, or as directed by the Engineer. Temporary pavement markings shall be removed after the installation of permanent lane marking is approved in writing by the Engineer. Materials Materials for temporary pavement markings shall be selected from approved materials listed in the Special Provisions of this Contract. Preliminary Spotting The Contractor is responsible for preliminary spotting (layout work) of the lines before marking begins. 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 two 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 for temporary pavement markings shall be paid under ”Paint Line”, “Raised Pavement Marker Type 1”, and Raised Pavement Marker Type 2”. 1-10.4(2) Item Bids with Lump Sum for Incidentals (August 2, 2004 WSDOT GSP) Section 1-10.4(2) is supplemented with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-81 The bid proposal does not contain the item “Project Temporary Traffic Control,” lump sum. The provisions of section 1-10.4(2) shall apply. 1-10.5 Payment (******) Payment will be made under the following bid item(s) when appearing in the Proposal: “Off-Duty Uniformed Police Officer” on a Force Account basis. “Traffic Control Supervisor”, per lump sum “Flaggers and Spotters”, per hour “Other Traffic Control Labor”, per hour “Other Temporary Traffic Control”, per lump sum “Construction Signs Class A”, per square foot “Business Access Sign”, per each END OF DIVISION 1 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-82 DIVISION 2 EARTHWORK 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.1 Description (Special Provision) Section 2-01.1 is supplemented with the following: (******) Clearing and grubbing on this project shall be performed within the limits shown in the plans. 2-01.3 Construction Requirements 2-01.3(3) Clearing Limit Fence (Special Provision) Section 2-01.3(3) is a new section: (******) Clearing limit fence shall be 4-feet high, orange, high density polyethylene fencing with mesh openings 1½-inch by 3-inches nominal and weigh at least 7 oz per linear foot. Either wood or steel posts shall be used. Wood posts shall have minimum dimensions of 1½ inches by 1½ inches by the minimum length of 5 feet, and shall be free of knots, splits, or gouges. Steel posts shall consist of either size No. 6 rebar or larger, ASTM A 120 steel pipe with a minimum diameter of 1 inch, U, T, L or C shape steel posts with a minimum weight of 1.35 lbs./ft. or other steel posts having equivalent strength and bending resistance to the post sizes listed. The spacing of the support posts shall be a maximum of 6½ feet. 2-01.4 Measurement (Special Provision) Section 2-01.4 is supplemented with the following: (******) “Clearing Limit Fence” will measured by the linear foot. 2-01.5 Payment (Special Provision) Section 2-01.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid item(s) when included in the proposal: ”Clearing Limit Fence”, per linear foot. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-83 The unit contract price for Clearing Limits Fence, per linear foot shall include full pay to complete the installation, maintenance, removal, and disposal of the system. “Clearing and Grubbing”, per lump sum “Roadside Cleanup”, force account 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-02.1 Description (Special Provision) Section 2-02.1 is supplemented with the following: (******) Removal of Structures and Obstructions The Contractor shall remove and dispose of all items shown on the site preparation plans and other minor items necessary to complete the work. The following partial list of items to be removed and disposed of is provided for the convenience of the contractor. The contractor shall review the plans, specifications and project site to verify other items to be removed: Sheet Station/Offset Structure/Obstruction Quantity 6 Tree 12 EA 6 14+90 RT Fence 1 EA 7 Tree 5 EA 2-02.1 Description (March 18, 2002 NWR) Section 2-02.1 is supplemented with the following: Roadside Restoration The Contractor shall restore, repair or correct all portions of the roadside or adjacent landscapes that were unavoidably damaged due to the performance or installation of the specified work. Unavoidable damage shall be determined only by the Engineer. All materials utilized shall be in accordance with Sections 9-14 and 9-15 and other applicable sections of the Standard Specifications or Special Provisions, whichever may apply. All work shall be performed in accordance with Sections 8-02 and 8-03 and other applicable sections of the Standard Specifications. The Contractor shall review the work with the Engineer and receive approval to proceed prior to commencing roadside restoration work. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-84 2-02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters (Special Provision) Section 2-02.3(3) is supplemented with the following: (******) Prior to removal of pavement, the Contractor shall make a full-depth sawcut to delineate the areas of pavement removal from those areas of pavement to remain. The Engineer shall approve the equipment and procedures used to make the full-depth sawcut. No wastewater from the sawcutting operation shall be released directly to any stream or storm sewer system. 2-02.3(4) Removal of Drainage Structures (Special Provision) (******) Section 2-02.3(4) is a new section: Where shown in the Plans or where designated by the Engineer, the Contractor shall remove existing catch basins, manholes, pipes, and other drainage features in accordance with Section 2-02 of the Standard Specifications. Removal shall be conducted in such a manner as to prevent damage to surrounding facilities including any existing storm sewers, sanitary sewers, electrical conduits or other facilities to remain. All remaining facilities including but not limited to storm sewers, sanitary sewers, monuments, valves, vaults, and electrical conduits damaged due to the Contractor’s operations shall be replaced by the Contractor to the satisfaction of the Engineer at no additional cost to the Contracting Agency. Catch basins, manholes, and other drainage structures designated for removal, including all debris, shall be completely removed. All removed catch basins, manholes, and other drainage structures shall become the property of the Contractor and shall be disposed of in accordance with Section 2-02 of the Standard Specifications. All undamaged frames, grates, and solid covers in a re-useable condition shall become the property of the City of Federal Way and shall be delivered to a location specified by the Engineer. Sawcutting (full depth) of existing asphalt concrete pavement and cement concrete curb and gutter surrounding the structure required for removal will be considered incidental to the removal of the catch basin, manhole, or other drainage structures. Sawcuts shall be in accordance with Section 2-02 of these Special Provisions. Backfilling of catch basins, manholes, pipes and other drainage structures to be removed and replaced shall not be performed until the new structure is installed and shall be in accordance with Section 7-05. Backfilling of a structure to be replaced shall be considered incidental to the construction and installation of the new catch basin, manhole, or other drainage structure. Backfilling of catch basins, manholes, pipes and other drainage structures to be completely removed shall be performed using gravel borrow paid in accordance with the Bid Schedule. Prior to backfilling any voids, the Contractor shall remove pipe as noted in the plans. Pipe shown to be abandoned or ordered by the Engineer to be abandoned shall be filled with CDF in accordance with Section 2-09.3(1)E of the Standard Specifications. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-85 Material, labor, tools, and equipment necessary to remove and/or fill any abandoned pipe shall be paid in accordance with the Bid Schedule. The Contractor shall maintain existing drainage, where designated by the Engineer, until the new drainage system is completely installed and functioning. 2-02.3(5) Remove Pavement Markings (Special Provision) (******) Section 2-02.3(7) is a new section: Pavement markings shall be removed per 8-22.3(6) of the Standard Specifications. 2-02.4 Measurement (Special Provision) Section 2-02.4 is supplemented with the following: (******) Sawcutting will be measured by the linear foot. Remove Existing Catch Basin by each. Remove Existing Storm Sewer Pipe will be measured by the linear foot. 2-02.5 Payment (Special Provision) Section 2-02.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Removal of Structures and Obstructions”, lump sum. “Sawcutting”, per linear foot “Remove Existing Catch Basin”, per each. “Remove Existing Storm Sewer Pipe”, per linear foot. Payment for Remove Pavement Markings shall include removal of all existing and temporary pavement markings for construction staging and for final permanent pavement marking. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-86 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.2 Pavement Removal (Special Provision) Section 2-03.2 is replaced with the following: (******) Where shown in the Plans or where designated by the Engineer, the Contractor shall remove asphalt, concrete, and/or Portland cement concrete pavement. The approximate thickness of the pavement is 5 inches along SR 509. Prior to removal, the Contractor shall make a full-depth sawcut to delineate the areas of pavement removal from those areas of pavement to remain. The Engineer shall approve the equipment and procedures used to make the full-depth sawcut. No wastewater from the sawcutting operation shall be released directly to any stream or storm sewer system. The removed pavement shall become the property of the Contractor and shall be removed from the project. Damage caused to portions of the pavement to remain, due to the Contractor's operation, shall be repaired by the Contractor at the Contractor's expense and to the satisfaction of the Engineer. 2-03.3(10) Selected Material (Special Provision) Section 2-03.3(10) is supplemented with the following: (******) Selected Material when specified or required by the Engineer for use on the project shall meet the requirements of specified in Section 9-03.14(3) for Common Borrow. 2-03.3(14)C Compacting Earth Embankments (Special Provision) Change this section as follows under heading “Moisture Content” : (******) The moisture content shall not vary more than 1 percent wet to 3 percent dry of optimum as determined by the tests described in Section 2-03.3(14)D. 2-03.3(14)D Compaction and Moisture Control Tests (Special Provision) Change this section as follows under heading item 1. : (******) Materials with less than 30 percent by weight retained on the U.S. No. 4 sieve shall be determined using FOP for AASHTO T180, Method D. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-87 2-03.3(14)E Unsuitable Foundation Excavation (Special Provision) Section 2-03.3(14)E is supplemented with the following: (******) All embankments shall be founded on dense, non-yielding granular foundation soil as approved by the engineer. Remove all organic materials and debris, trash, and all other deleterious material prior to beginning construction of new embankments. Proof roll the foundation to verify dense non-yielding conditions. 2-03.3(14)G Backfilling Section 2-03.3(14)G is supplemented with the following: (******) Remove all water and non-compatible materials from excavations prior to backfilling or attempting to compact embankment soil. Place native soils or provide import Gravel Borrow as required to complete the work. Backfill all embankments in accordance with 2-03.3(14)C, Compacting Earth Embankments, Method C. 2-03.4 Measurement (March 13, 1995 WSDOT GSP) Section 2-03.4 is supplemented with the following: Only one determination of the original ground elevation will be made on this project. Measurement for roadway excavation and embankment will be based on the original ground elevations recorded previous to the award of this contract. Control stakes will be set during construction to provide the Contractor with all essential information for the construction of excavation and embankments. If discrepancies are discovered in the ground elevations, which will materially affect the quantities of earthwork, the original computations of earthwork quantities will be adjusted accordingly. Earthwork quantities will be computed, either manually or by means of electronic data processing equipment, by use of the average end area method or by the finite element analysis method utilizing digital terrain modeling techniques. Copies of the ground cross-section notes will be available for the bidder's inspection, before the opening of bids, at the Project Engineer's office and at the Region office. Upon award of the contract, copies of the original ground cross-sections will be furnished to the successful bidder on request to the Project Engineer. 2-03.4 Measurement (Special Provision) Section 2-03.4 is supplemented with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-88 (******) Roadway Excavation shall not be measured for payment for the removal of “Temporary Pavement” to required subgrade depth per the provisions of 5-04.3(22) herein. “Gravel Borrow for Trench Backfill” shall be measured and paid when backfilling subsequent to Structure Excavation Class B. “Gravel Borrow for Trench Backfill Incl. Haul” will be measured per neatlines, less volumes for structures, pipes, and bedding. Gravel backfill subsequent to the removal of structures and obstructions shall be measured and paid under the “Gravel Borrow for Trench Backfill” bid item. 2-03.5 Payment (Special Provision) Section 2-03.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Gravel Borrow Incl. Haul”, per ton. “Gravel Borrow for Trench Backfill Incl. Haul”, per ton. “Roadway Excavation Incl. Haul”, per cubic yard. “Unsuitable Foundation Excavation Incl. Haul”, per cubic yard. 2-03.5 Payment (March 13, 1995 WSDOT GSP) Section 2-03.5 is supplemented with the following: All costs in connection with the preparation of waste sites and waste deposits shall be included in the Mobilization. 2-09 STRUCTURE EXCAVATION 2-09.3(1)E Backfilling (Special Provision) The first paragraph of Section 2-09.3(1) is replaced with the following: Backfill for Structure Excavation Class B shall be “Gravel Borrow for Trench Backfill Inc. Haul.” Backfill subsequent to the removal of structures and obstructions shall be “Gravel Borrow for Trench Backfill Incl. Haul.” Native material may be used for backfill with approval of the Engineer. Use of native material for backfill, when approved, shall be incidental to the various items in the Contract and no additional payment will be made. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-89 2-09.4 Measurement (Special Provision) Section 2-09.4 is supplemented with the following: Excavated materials will be measured in their original position by the cubic yard. The Contracting Agency will measure and pay for only the material excavated from inside the limits this section defines. If the Contract excavates outside these limits or performs extra excavation as described in Section 2-09.3(3)B, it shall be considered for the Contractor’s benefit and shall be included in the cost of other Bid Items. 2-11 TRIMMING AND CLEANUP (Special Provision) Section 2-11.5 is supplemented with the following: Trimming and Cleanup as required by the Standard Specifications shall be considered included in the related items of work and no additional payment will be made. END OF DIVISION 2 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-90 DIVISION 3 PRODUCTION FROM QUARRY AND PIT SITES AND STOCKPILING 3-01 PRODUCTION FROM QUARRY AND PIT SITES 3-01.2 Material Sources, General Requirements (March 13, 1995 WSDOT GSP) Section 3-01.2 is supplemented with the following: Permits for Pit Operations in King County The Contractor is advised that King County may require the Contractor to meet any or all of the following listed conditions before considering issuance of a temporary permit for pit operations within King County: 1. Security fences and locking gates shall be installed where deemed necessary by the King County Department of Building. Cable or wire gates are not acceptable. 2. Hours of operation shall be limited to: 7:00 a.m. to 7:00 p.m. 3. Access roads shall be improved and maintained to the satisfaction of the King County Department of Public Works. A haul road agreement for County road maintenance may be required. All roads shall be swept, washed, or both, by the Contractor at the Contractor's expense as often as the Department of Building deems necessary. Property shall have functional access to an arterial level street. 4. All operations will have to be approved by King County Flood Control for drainage plans, Washington State Department of Ecology, and Puget Sound Air Pollution Control Authority. Those properties near or adjacent to any water body shall have written approval from the State of Washington Department of Fish and Wildlife. The Contractor shall obtain a mining reclamation permit from the State of Washington Department of Natural Resources for sites of over three acres in size of disturbed land or resulting in pit walls more than thirty feet high and steeper than one to one slope. 5. No stockpiling of foreign excavated material is permitted on the site except for those materials to be used in the land rehabilitation of the subject property. 6. No signs other than signs required by Chapter 24.42, King County Zoning Code are authorized as a result of the temporary permit. 7. Plans required: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-91 a. Scale of Plot Plans Site Size: less than 10 acres 1 inch = 50 feet 10 to 100 acres 1 inch = 100 feet over 100 acres 1 inch = 200 feet b. Contours Show existing and proposed contours at 5-foot intervals. If existing and proposed contours are superimposed upon one another it must be clear as to which is which. Plans which incorporate a screening process may be required by the County to distinguish said contours. Finished contours must show how the property can be used under the existing zoning. Plans showing daylighting of property to road grade or below with high 2:1 slope walls will no longer be permitted within the R, S, or G zones. The plans must contain large terraces which will permit the lot sizes and roads that are permitted within the zone. c. Sections Show a minimum of two sections in each direction. d. Maximum Slope Cuts shall not be steeper in slope than two horizontal to one vertical unless the owner furnishes a soils engineering or an engineering geology report certifying that the site has been investigated and indicating that the proposed deviation will not endanger any private property or result in the deposition of debris on any public way or interfere with any existing drainage course. e. Fill Slopes No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical. f. Benches on Slopes There shall be a 10 foot wide bench sloped into the hillside for every 50 feet in height. g. Setbacks Material and vegetation shall be left in its natural state: 50 feet from any FP, A, G, S, or R zoned property; 20 foot setback which includes a 6 foot high planted berm along any public right-of-way; 20 feet from M, B, or CG zoned property; 10 feet from QM or FR zoned property. Plans shall show type of vegetation existing within the buffer zones. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-92 h. Drainage All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural water-course. Adequate provision shall be made to prevent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales. The Contractor is further advised that King County may require conditions which are in addition to the foregoing list and that the County may reject permit applications at its discretion because of the proposed operations proximity to schools, residential neighborhoods, hospitals, arterials, or for other environmental conditions. When there are discrepancies between the requirements of the State and the County the more stringent specifications shall apply. Should the Contractor fail to comply with any requirements of a temporary permit obtained in the Contracting Agency's name, the Contracting Agency will take the necessary action to meet these requirements and any costs incurred by the Contracting Agency will be deducted from monies due or to become due the Contractor. END OF DIVISION 3 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-93 DIVISION 4 BASES 4-04 BALLAST AND CRUSHED SURFACING 4-04.1 Description (Special Provision) Section 4-04.1 is supplemented with the following: (******) Crushed Surfacing shall be placed where shown in the Plans, as a base for sidewalks, pathways, and pavement, or for any other purposes deemed necessary by the Engineer. 4-04.3 Construction Requirements 4-04.3(4) Placing and Spreading (Special Provision) Item 2 of Section 4-04.3(3) and Section 4-04(4), is replaced with the following: (******) 2. Road Mix Method. The road mix method of mixing surfacing material will not be allowed. 4-04.5 Payment (Special Provision) Section 4-04.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Crushed Surfacing Base Course”, per ton. The unit contract price per ton for "Crushed Surfacing Base Course" shall also include compacting, and removing and hauling to waste when required by the Engineer. “Crushed Surfacing Top Course”, per ton. The unit contract price per ton for "Crushed Surfacing Top Course" shall also include compacting, and removing and hauling to waste when required by the Engineer. END OF DIVISION 4 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-94 DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS 5-04 HOT MIX ASPHALT 5-04.1 Description (Special Provision) 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 construction and reconstruction per the Typical Roadway section details on the Plans. 2. Temporary Pavement: For all temporary asphalt concrete construction and patching as directed by the Engineer. 5-04.2 Materials (January 3, 2011 WSDOT GSP) Section 5-04.2 is supplemented with the following: ESAL’S The number of ESAL’S for the design and acceptance of the HMA shall be 5.0 million. 5-04.3 Construction Requirements 5-04.3(3)A Material Transfer Device / Vehicle (August 3, 2009 WSDOT GSP) Section 5-04.3(5)A is deleted in its entirety. 5-04.3(5)A Preparation Of Existing Surfaces (Special Provision) Section 5-04.3(5)A is supplemented with the following: (******) In accordance with Section 1-07.15(1) Spill Prevention, Control and Countermeasures Plan (SPCC), as part of the SPCC the Contractor shall address the mitigating measures to be taken in the event that the paving operation is suspended or terminated prior to the asphalt for tack coat being fully covered. 5-04.3(7)A2 Statistical or Nonstatistical Evaluation Delete this section and replace it with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-95 5-04.3(7)A2 Nonstatistical Evaluation (January 16, 2014 APWA GSP) Mix designs for HMA accepted by Nonstatistical evaluation shall; • Be submitted to the Project Engineer on WSDOT Form 350-042 • Have the aggregate structure and asphalt binder content determined in accordance with WSDOT Standard Operating Procedure 732 and meet the requirements of Sections 9- 03.8(2) and 9-03.8(6). • Have anti-strip requirements, if any, for the proposed mix design determined in accordance with WSDOT Test Method T 718 or based on historic anti-strip and aggregate source compatibility from WSDOT lab testing. Anti-strip evaluation of HMA mix designs utilized that include RAP will be completed without the inclusion of the RAP. At or prior to the preconstruction meeting, the contractor shall provide one of the following mix design verification certifications for Contracting Agency review; • The proposed mix design indicated on a WSDOT mix design/anti-strip report that is within one year of the approval date • The proposed HMA mix design submittal (Form 350-042) with the seal and certification (stamp & signature) of a valid licensed Washington State Professional Engineer. • The proposed mix design by a qualified City or County laboratory mix design report that is within one year of the approval date. The mix design will be performed by a lab accredited by a national authority such as Laboratory Accreditation Bureau, L-A-B for Construction Materials Testing, The Construction Materials Engineering Council (CMEC’s) ISO 17025 or AASHTO Accreditation Program (AAP) and shall supply evidence of participation in the AASHTO Material Reference Laboratory (AMRL) program. At the discretion of the Engineer, agencies may accept mix designs verified beyond the one year verification period with a certification from the Contractor that the materials and sources are the same as those shown on the original mix design. 5-04.3(8)A1 General (January 16, 2014 APWA GSP) Delete this section and replace it with the following: Acceptance of HMA shall be as defined under nonstatistical or commercial evaluation. Nonstatistical evaluation will be used for all HMA not designated as Commercial HMA in the contract documents. The mix design will be the initial JMF for the class of HMA. The Contractor may request a change in the JMF. Any adjustments to the JMF will require the approval of the Project Engineer and must be made in accordance with Section 9-03.8(7). Commercial evaluation may be used for Commercial HMA and for other classes of HMA in the following applications: sidewalks, road approaches, ditches, slopes, paths, trails, gores, prelevel, and pavement repair. Other nonstructural applications of HMA accepted by commercial evaluation shall be as approved by the Project Engineer. Sampling and testing of HMA accepted SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-96 by commercial evaluation will be at the option of the Project Engineer. Commercial HMA can be accepted by a contractor certificate of compliance letter stating the material meets the HMA requirements defined in the contract. 5-04.3(8)A4 Definition of Sampling Lot and Sublot (January 16, 2014 APWA GSP) Section 5-04.3(8)A4 is supplemented with the following: For HMA in a structural application, sampling and testing for total project quantities less than 400 tons is at the discretion of the engineer. For HMA used in a structural application and with a total project quantity less than 800 tons but more than 400 tons, a minimum of one acceptance test shall be performed: i. If test results are found to be within specification requirements, additional testing will be at the engineers discretion. ii. If test results are found not to be within specification requirements, additional testing as needed to determine a CPF shall be performed. 5-04.3(8)A5 Test Results (January 16, 2014 APWA GSP) The first paragraph of this section is deleted. 5-04.3(8)A6 Test Methods (January 16, 2014 APWA GSP) Delete this section and replace it with the following: Testing of HMA for compliance of Va will be at the option of the Contracting Agency. If tested, compliance of Va will be use WSDOT Standard Operating Procedure SOP 731. Testing for compliance of asphalt binder content will be by WSDOT FOP for AASHTO T 308. Testing for compliance of gradation will be by WAQTC FOP for AASHTO T 27/T 11. 5-04.3(12) Joints (January 5, 2004 WSDOT GSP) Section 5-04.3(12) is supplemented with the following: HMA utilized in the construction of joint wedges shall be modified by eliminating the coarse aggregate from the mix at the Contractor's plant or the commercial source or by raking the joint on the roadway, to the satisfaction of the Engineer. 5-04.3(13) Surface Smoothness (January 5, 2004 WSDOT GSP) The second sentence of Section 5-04.3(13) is revised to read: The completed surface of the wearing course shall not vary more than 1/4 inch from the lower edge of a 10-foot straightedge placed on the surface parallel to centerline. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-97 5-04.3(14) Planing Bituminous Pavement (January 5, 2004 WSDOT GSP) Section 5-04.3(14) is supplemented with the following: The Contractor shall perform the planing operations no more than *** three (3) *** calendar days ahead of the time the planed area is to be paved with HMA, unless otherwise allowed by the Engineer in writing. (August 3, 2009 WSDOT GSP) Section 5-04.3(14) is supplemented with the following: Beveled Edge Planing A beveled edge shall be constructed in areas that will not be paved during the same work shift. The Contractor shall use a beveled cutter on the mandrel of the planing equipment, or other approved method(s), to eliminate the vertical edge(s). The beveled edge(s) shall be constructed at a 4:1 slope. (Special Provision) Section 5-04.3(14) is supplemented with the following: (******) Equipment For traveled lane areas, the Contractor shall use asphalt concrete planing equipment with a Triple Wrap Head or an approved equal. The milling head shall be a minimum 72 inches in width, with a maximum tooth spacing of 5/8 inch or as approved by the Engineer. Transverse Joints The full depth end of each lane of planing shall be squared off to form a uniform transverse joint. The Contractor shall construct and maintain a temporary HMA wedge in accordance with Section 5-04.3(12) across the entire width of the transverse edge when traffic is allowed on the planed surface prior to paving. The wedge shall be constructed before opening the lane to traffic. The Contractor shall remove the wedge immediately prior to paving. 5-04.3(16) Weather Limitations (August 3, 2009 WSDOT GSP) The first sentence of Section 5-04.3(16) is revised to read: HMA for wearing course shall not be placed on any traveled way from *** October 15 *** and through March 31st of the following year without written approval from the Engineer. (******) 5-04.3(22) Temporary Pavement (NEW SECTION) (Special Provision) Section 5-04.3(22) is added: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-98 Temporary pavement is required to open areas to traffic during construction. These areas include the voids created by the removal of existing traffic islands and curbing, paving over excavated roadway and utility trenches to provide paved access to private properties, and ramps for property access during cement concrete approach construction. Temporary pavement shall be hot mix asphalt concrete pavement. All temporary paving shall be placed with a minimum thickness of 2 inches. All temporary paving shall be approved by the Engineer before placement. Any areas of temporary pavement to be removed and replaced shall be approved by the Engineer before placement. This work shall also include the removal of the temporary pavement prior to paving of final asphalt concrete pavement. Temporary Pavement, Hot mix asphalt will be used for any trench restoration within the traveled way. Whether temporary or permanent, saw cut and treat edges with CSS-1 asphalt emulsion and apply a minimum 3-inch pavement depth or match existing, whichever is greater. Also, fill voids created by the removal of existing traffic islands and curbing, paving over excavated roadway to temporary access to adjacent properties, and ramps for property access during concrete approach construction. Temporary Pavement, cold mix asphalt is allowed for any temporary paving outside the traveled way. The cold mix shall be approved by the Engineer and placed in a 2-inch minimum thickness. Placement of temporary pavement without prior approval of the Engineer shall be considered as a benefit of the Contractor and no cost to the owner. Any areas of temporary pavement to be removed and replaced require prior approval by the Engineer. This work shall include the removal of the temporary pavement prior to paving of final asphalt concrete pavement. The Contractor shall excavate and remove temporary pavement to the required subgrade depth to construct and install the proposed pavement section. Excavation and removal of temporary pavement, to subgrade depth, shall be considered included in the unit cost for “Temporary Pavement.” 5-04.4 Measurement (Special Provision) Section 5-04.4 is supplemented with the following: (******) Temporary Pavement will be measured by the ton of material actually placed, with no deduction being made for the weight of liquid asphalt, blending sand, mineral filler, or any other component of the mixture. Temporary Pavement is defined as pavement placed and subsequently removed prior to the final hot mix asphalt and base course required by the typical sections on the Plans. 5-04.5 Payment (Special Provision) Section 5-04.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-99 "Temporary Pavement", per ton. Included in the cost per ton for “Temporary Pavement” shall be placement & compaction of hot mix asphalt, cold mix asphalt, roadway excavation to proposed subgrade depths and disposal of temporary pavement. “HMA Cl. ½” PG 64-22”, per ton. END OF DIVISION 5 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-100 DIVISION 6 STRUCTURES 6-13 STRUCTURAL EARTH WALLS 6-13.1 Description (Special Provision) Supplement The work consists of constructing Structural Earth Walls (SEW) and Modular Block Walls in the locations shown on the Plans. Modular block walls are defined as SEW walls constructed of standard unit blocks, less than 4’ in height, without geogrid reinforcing. Construction and installation must conform to the manufacturer’s specific requirements. 6-13.2 Materials (Special Provision) Supplement Modular Block wall facing shall be straight face standard blocks with a maximum depth of 18- inches, in 4-inches and 8-inches in height, in 4-inches, 8-inches and 12-inches in width, set in an ashlar pattern, as detailed per Plans. Modular Block wall facing shall be concrete grey in color. Contractor shall provide 4 different sizes of modular block sample in specified color for Engineer’s approval. (April 6, 2015 WSDOT GSP) Supplement Section 6-13.2 is supplemented with the following: Concrete Block Faced Structural Earth Wall Materials General Materials Concrete Block Acceptability of the blocks will be determined based on the following: 1. Visual inspection. 2. Compressive strength tests, conforming to Section 6-13.3(4). 3. Water absorption tests, conforming to Section 6-13.3(4). 4. Manufacturer’s Certificate of Compliance in accordance with Section 1-06.3. 5. Freeze-thaw tests conducted on the lot of blocks produced for use in this project, as specified in Section 6-13.3(4). SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-101 6. Copies of results from tests conducted on the lot of blocks produced for this project by the concrete block fabricator in accordance with the quality control program required by the structural earth wall manufacturer. The blocks shall be considered acceptable regardless of curing age when compressive test results indicate that the compressive strength conforms to the 28-day requirements, and when all other acceptability requirements specified above are met. Testing and inspection of dry cast concrete blocks shall conform to ASTM C 140, and shall include block fabrication plant approval by WSDOT prior to the start of block production for this project. Mortar Mortar shall conform to ASTM C 270, Type S, with an integral water repellent admixture as approved by the Engineer. The amount of admixture shall be as recommended by the admixture manufacturer. To ensure uniform color, texture, and quality, all mortar mix components shall be obtained from one manufacturer for each component, and from one source and producer for each aggregate. Metallic Soil Reinforcement Reinforcing strips shall be composed of welded wire fabric strips conforming to AASHTO M 55 with wire conforming to AASHTO M 32, and attached to block connector plates conforming to ASTM A 36. Reinforcing strips and block connector plates shall be galvanized after fabrication in accordance with AASHTO M 111. Damage to galvanizing shall be repaired with one coat of paint conforming to Section 9-08.1(2)B. Geosynthetic Soil Reinforcement Geogrid reinforcement shall conform to Section 9-33.1, and shall be a product listed in Appendix D of the current WSDOT Qualified Products List (QPL). The values of Tal and Tult as listed in the QPL for the products used shall meet or exceed the values required for the wall manufacturer’s reinforcement design as specified in the structural earth wall design calculation and working drawing submittal. The minimum ultimate tensile strength of the geogrid shall be a minimum average roll value (the average test results for any sampled roll in a lot shall meet or exceed the values shown in Appendix D of the current WSDOT QPL). The strength shall be determined in accordance with ASTM D 6637, for multi rib specimens. The ultraviolet (UV) radiation stability, in accordance with ASTM D 4355, shall be a minimum of 70 percent strength retained after 500 hours in the weatherometer. The longitudinal (i.e., in the direction of loading) and transverse (i.e., parallel to the wall or slope face) ribs that make up the geogrid shall be perpendicular to one another. The maximum deviation of the cross-rib from being perpendicular to the longitudinal rib (skew) shall be no more than 1 inch in 5 feet of geogrid width. The maximum deviation of the cross- rib at any point from a line perpendicular to the longitudinal ribs located at the cross-rib (bow) shall be 0.5 inches. The gap between the connector and the bearing surface of the connector tab cross-rib shall not exceed 0.5 inches. A maximum of 10 percent of connector tabs may have a gap SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-102 between 0.3 inches and 0.5 inches. Gaps in the remaining connector tabs shall not exceed 0.3 inches. The Engineer will take random samples of the geogrid materials at the job site. Approval of the geogrid materials will be based on testing of samples from each lot. A “lot” shall be defined as all geogrid rolls sent to the project site produced by the same manufacturer during a continuous period of production at the same manufacturing plant having the same product name. The Contracting Agency will require 14 calendar days maximum for testing the samples after their arrival at the WSDOT Materials Laboratory in Tumwater, WA. The geogrid samples will be tested for conformance to the specified material properties. If the test results indicate that the geogrid lot does not meet the specified properties, the roll or rolls which were sampled will be rejected. Two additional rolls for each roll tested which failed from the lot previously tested will then be selected at random by the Engineer for sampling and retesting. If the retesting shows that any of the additional rolls tested do not meet the specified properties, the entire lot will be rejected. If the test results from all the rolls retested meet the specified properties, the entire lot minus the roll(s) which failed will be accepted. All geogrid materials which have defects, deterioration, or damage, as determined by the Engineer, will be rejected. All rejected geogrid materials shall be replaced at no expense to the Contracting Agency. Except as otherwise noted, geogrid identification, storage and handling shall conform to the requirements specified in Section 2-12.2. The geogrid materials shall not be exposed to temperatures less than –20F and greater than 122F. Drainage Geosynthetic Fabric Drainage geosynthetic fabric shall be a non-woven geosynthetic conforming to the requirements in Section 9-33.1, for Construction Geotextile for Underground Drainage, Moderate Survivability, Class B. Proprietary Materials Allan Block Wall Wall backfill material placed in the open cells of the precast concrete blocks and placed in the one to three foot zone immediately behind the precast concrete blocks shall be crushed granular material conforming to Section 9-03.9(3). KeySystem I Wall Block alignment pins shall be fiberglass conforming to the requirements of Keystone Retaining Wall Systems, Inc. Block connector pins shall conform to AASHTO M 32, and shall be galvanized after fabrication in accordance with AASHTO M 111. Landmark Retaining Wall Lock bars shall be made of a rigid polyvinyl chloride polymer conforming to the following requirements: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-103 Property Value Specification Specific Gravity 1.4 minimum ASTM D 792 Tensile Strength at yield 2,700 psi minimum ASTM D 638 Lock bars shall remain sealed in their shipping containers until placement into the wall. Lock bars exposed to direct sunlight for a period exceeding two months shall not be used for construction of the wall. Mesa Wall Block connectors for block courses with geogrid reinforcement shall be glass fiber reinforced high-density polypropylene conforming to the following minimum material specifications: Property Specification Value Polypropylene ASTM D 4101 Group 1 Class 1 Grade 2 73 ± 2 percent Fiberglass Content ASTM D 2584 25 ± 3 percent Carbon Black ASTM D 4218 2 percent minimum Specific Gravity ASTM D 792 1.08 ± 0.04 Tensile Strength ASTM D 638 at yield 8,700 ± 1,450 psi Melt Flow Rate ASTM D 1238 0.37 ± 0.16 ounces/10 min. Block connectors for block courses without geogrid reinforcement shall be glass fiber reinforced high-density polyethylene (HDPE) conforming to the following minimum material specifications: Property Specification Value HDPE ASTM D 1248 Type III Class A Grade 5 68 ± 3 percent Fiberglass Content ASTM D 2584 30 ± 3 percent Carbon Black ASTM D 4218 2 percent minimum Specific Gravity ASTM D 792 1.16 ± 0.06 Tensile Strength ASTM D 638 at yield 8,700 ± 725 psi Melt Flow Rate ASTM D 1238 0.11 ± 0.07 ounces/10 min. 6-13.3 Construction Requirements Section 6-13.3 is supplemented with the following: (April 6, 2015 WSDOT GSP) Supplement Concrete Block Faced Structural Earth Wall Concrete block faced structural earth walls shall be constructed of only one of the following wall systems. The Contractor shall make arrangements to purchase the concrete blocks, soil reinforcement, attachment devices, joint filler, and all necessary incidentals from the source identified with each wall system: Allan Block Wall SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-104 Allan Block Wall is a registered trademark of the Allan Block Corporation Allan Block Corporation 7424 W 78th Street Bloomington, MN 55439 (800) 899-5309 FAX (952) 835-0013 www.allanblock.com Mesa Wall Mesa Wall is a registered trademark of Tensar Corporation Tensar Corporation 2500 Northwinds Parkway Suite 500 Atlanta, GA 30009 (770) 334-2090 FAX (678) 281-8546 www.tensarcorp.com Landmark Retaining Wall System Landmark Retaining Wall System is a registered trademark of Anchor Wall Systems, Inc. Anchor Wall Systems, Inc. 5959 Baker Road, Suite 390 Minnetonka, MN 55345-5996 (877) 295-5415 FAX (952) 979-8454 www.anchorwall.com KeySystem I Wall KeySystem I is a registered trademark of Keystone Retaining Wall Systems, Inc. Keystone Retaining Wall Systems, Inc. 4444 West 78th Street Minneapolis, MN 55435 (952) 897-1040 FAX (952) 897-3858 www.keystonewalls.com 6-13.3(5) Precast Concrete Facing Panel and Block Erection Section 6-13.3(5) is supplemented with the following: (April 2, 2012 WSDOT GSP) Specific Erection Requirements for Precast Concrete Block Faced Structural Earth Walls Landmark Retaining Wall SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-105 When placing each course of concrete blocks, the Contractor shall pull the blocks towards the front face of the wall until the male key of the bottom face of the upper block contacts and fits into the female key of the top face of the supporting block below. A maximum gap of 1/8-inch is allowed between adjacent concrete blocks, except for the base course set of concrete blocks placed on the leveling pad. A maximum gap of 1-inch is allowed between adjacent base course concrete blocks, provided geosynthetic reinforcement for drains is in place over the gap at the back face of the concrete blocks. Lock bars shall be installed in the female key of the top face of all concrete block courses receiving geogrid reinforcement. Gaps between adjacent lock bars in the key shall not exceed 3-inches. The lock bar shall be installed flat side up, with the angled side to the back of the concrete block, as shown in the shop drawings. Geogrid reinforcement shall be placed and connected to concrete block courses specified to receive soil reinforcement. The leading edge of the geogrid reinforcement shall be maintained within 1-inch of the front face of the supporting concrete blocks below. Geogrid panels shall be abutted for 100 percent backfill coverage with less than a 4-inch gap between adjacent panels. Backfill shall be placed and compacted level with the top of each course of concrete blocks, and geogrid reinforcement placed and connected to concrete block courses specified to receive soil reinforcement, before the Contractor may continue placing the next course of concrete blocks. Mesa Wall For all concrete block courses receiving geogrid reinforcement, the fingers of the block connectors shall engage the geogrid reinforcement apertures, both in the connector slot in the block, and across the block core. For all concrete block courses with intermittent geogrid coverage, a #3 steel reinforcing bar shall be placed, butt end to butt end, in the top block groove, with the butt ends being placed at a center of a concrete block. 6-13.4 Measurement (Special Provision) Replacement Modular Block Wall will be measured by the square foot of completed wall in place. The bottom limits for vertical measurement will be the top of the leveling pad. The top limit for vertical measurement will be the top of the wall as shown in the Plans. The horizontal limits for measurement are from the end of the wall to the end of the wall. 6-13.5 Payment (Special Provision) Supplement Payment shall be made under the bid item: “Modular Block Wall”, per square foot. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-106 The unit contract price per square foot for Modular Block Wall shall be full compensation for the complete construction of the retaining wall as shown in the Plans. This includes, but is not necessarily limited to: structure excavation, haul, shoring, modular block units, cap units, unit fill, shear connectors, CSBC base leveling pad, tie-back/geogrid system, backfill, underdrain system including cleanout, chain link fence, compaction and all other incidentals to complete a finished wall. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-107 DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7-01 DRAINS 7-01.1 Description (Special Provision) Section 7-01.1 is supplemented with the following: (******) This work consists of connecting stormwater media filters and wall drains to the storm drainage system. 7-01.4 Measurement (Special Provision) Section 7-01.4 is supplemented with the following: (******) “Drain Pipe 6 In. Diam”, will be measured per linear foot. Excavation, backfill, pipe bedding, compaction of the pipe trench backfill (with native material), connections between dissimilar existing, new pipe materials and to new or existing storm drainage structures, and testing will not be measured as these items are incidental to the drainage pipe pay item. 7-01.5 Payment (Special Provision) Section 7-01.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Drain Pipe 6 In. Diam”, per linear foot. The unit contract price per linear foot of drain pipe of the type and size specified shall be full pay for furnishing all labor, tools, equipment, and materials necessary for its complete installation, including, laying pipe, pipe bedding, backfill (with native material), compaction, connection to new or existing storm sewers or drainage structures, surface restoration, haul and disposal of trench material to be wasted including unsuitable material, and cleaning. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-108 7-04 STORM SEWERS 7-04.2 Materials (Special Provision) Section 7-04.2 is supplemented with the following: (******) Storm sewer used in this project consists of ductile iron pipe as called for in the Contract Plans. Ductile iron pipe material, gaskets, and couplings shall be in accordance with Section 9-05.13 of the Standard Specifications and as modified in these special provisions. The Contractor shall require the pipe suppliers to furnish certificates signed by their authorized representatives stating the specifications to which the materials or products were manufactured. Certificates indicating non-conformance with these Specifications shall be sufficient evidence for rejection. Materials shall not be shipped until pipe suppliers have provided documentation that materials have been properly cured. Approval of certificates shall be considered only as tentative acceptance of the materials or products, and such action by the Engineer will not relieve the Contractor of its responsibility to perform field tests and to replace or repair faulty materials, equipment, and/or workmanship. 7-04.3 Construction Requirements (Special Provision) Section 7-04.3 is supplemented with the following: (******) Pipe Joints: All ductile iron pipe joints shall be unrestrained, rubber gasketed; except connections made between dissimilar existing and new pipe materials shall be made utilizing WSDOT Standard Plan B-60.20-00 connection collar. Backfill and compaction: Water settling will not be permitted. Backfill shall be compacted by mechanical tampers in accordance with Section 2-03.3(14)C “Method B” of the Standard Specifications. Existing storm sewer facilities: The Contractor shall field verify the location and material type of existing storm sewer facilities. All facilities shown on the plan but not noted for removal shall be protected and remain operational throughout construction. 7-04.3(1) Cleaning and Testing (Special Provision) Section 7-04.3(1) is supplemented with the following: (******) Cleaning and testing of storm sewer pipe shall be in accordance with Section 7-04.3(1) of the Standard Specifications, except as modified herein: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-109 Prior to testing, storm sewers will be visually inspected by the Engineer’s representative either by external physical observation before backfilling, by physical observation from inside the pipe, or by video inspection methods, at the discretion of the Engineer. The contractor shall provide all necessary video inspection and/or safety equipment, including mechanical ventilation, as requested by the Engineer, with all related costs to be included in the unit bid price of the related item. Any departures from the best construction practices, such as pipe line misalignment, presence of foreign matter in the pipes or catch basins, poor catch basin construction, etc., shall be corrected by the Contractor at the Contractor’s own expense. Testing will not be authorized until such corrections have been made to the satisfaction of the Engineer. Should high groundwater conditions be encountered, the completed storm sewers may be required to be infiltration tested. Infiltration testing shall be utilized only when ordered by the Engineer. (******) 7-04.3(2) Coordination with Utility Companies (Special Provision) Section 7-04.3(2) is added: It is anticipated that minor adjustments will need to be made by the utility companies to avoid the proposed storm drainage system. Known relocations not to be performed by the Contractor have been shown on the Plans to be performed “by others”. The Contractor shall identify any additional utility crossings that may conflict with the storm drainage system and notify the Engineer immediately prior to construction in vicinity of conflicts. The Contractor is responsible for coordinating anticipated relocation work with the respective utility companies. This coordination shall include contacting the utility company representative listed in Section 1-05.14(A) of these Special Provisions at least fifteen (15) working days prior to installing storm drain pipe that may conflict with the utility companies’ respective facilities; and coordinating the construction of the storm drainage system with the respective utility construction crews. Coordination with utility companies shall be considered incidental to the Contract and no additional compensation will be made. 7-04.4 Measurement (Special Provision) Section 7-04.4 is supplemented with the following: “Ductile Iron Storm Sewer Pipe __ In. Diam.”, shall be measured per linear foot. Excavation, backfill, pipe zone bedding, compaction of the pipe trench backfill (with native material), connections between dissimilar existing and new pipe materials, and testing will not be measured as these items are incidental to the drainage pipe pay items. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-110 7-04.5 Payment (Special Provision) Section 7-04.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Ductile Iron Storm Sewer Pipe __ In. Diam.”, per linear foot. The unit contract price per linear foot of storm sewer pipe of the type and size specified shall be full pay for furnishing all labor, tools, equipment, and materials necessary for its complete installation, including, but not limited to, all pavement removal, trench excavation, dewatering (if required), temporary flow bypass, laying pipe, pipe bedding, backfill (with native material), compaction, connection to new or existing storm sewers or drainage structures, surface restoration, haul and disposal of trench material to be wasted including unsuitable material, cleaning and testing, costs related to maintaining existing drainage system during construction or to provide temporary drainage systems, and temporary patching hot mix to allow for the passage of traffic. If the Engineer determines that the native material is not satisfactory for trench backfill, Gravel Borrow For Trench Backfill Including Haul shall be used and paid for under Section 2-03 in these Special Provisions. 7-05 MANHOLES, INLETS, CATCH BASINS, AND DRYWELLS 7-05.1 Description (Special Provision) Section 7-05.1 is supplemented with the following: (******) In the first paragraph, replace “Standard Plans” with “City of Federal Way Standard Drawings” Type 1 Catch Basins shall be constructed per City of Federal Way Standard Dwg 4-1. Type 1L Catch Basins shall be constructed per City of Federal Way Standard Dwg 4-2. Type 2 Storm Manholes shall be constructed in accordance with City of Federal Way Standard Dwgs 4-3 and 4-4. Where shown on the plans and as detailed, or as designated by the Engineer, the Contractor shall adjust catch basins to grade, install solid cover and frame on existing catch basin, install round solid cover with conversion riser as required on existing catch basins, and install heavy duty hinged-style manhole frame and lids. All lids and frames shall be locking unless shown as non-locking on plans or directed otherwise by the Engineer. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-111 Vaned grates and associated frame (Federal Way Dwgs. 4-6 and 4-10) shall be used for all catch basins unless noted in the plans or directed otherwise by the Engineer. Storm drain cleanouts shall be provided for retaining wall drainage and connected to the storm drainage system at the locations specified on the plans. The cleanout configuration and connection shall be per the plan detail. Place anti-seize compound on all locking lid bolts prior to the final project punch list inspection. 7-05.2 Materials (Special Provision) Section 7-05.2 is supplemented with the following: (******) Heavy-Duty Hinged Style Frame and Cover shall be one of the following: ERGO Assembly, Product Number 00104040L01, Manufactured by EJ Group, Inc., 301 Spring Street, PO Box 439, East Jordan, MI 49727 (800) 626-4653, www.ejco.com. Rexus Ductile Iron Frame & Cover, Product Number 62114 24 D, distributed by EJ Prescott (800) EJP-24HR, www.ejprescott.com. High Impact Adjustment Riser shall be Infra-Riser® Multi-purpose Rubber Composite Adjustment Riser, EJ Group, Inc., 301 Spring Street, PO Box 439, East Jordan, MI 49727 (800) 626-4653, www.ejco.com. 7-05.3 Construction Requirements (Special Provision) Section 7-05.3 is supplemented with the following: (******) Backfill around catch basins shall be compacted by mechanical tampers in accordance with Section 2-03.3(14)C “Method B” of the Standard Specifications. Catch basin cover frames shall be installed on precast rings or as directed by the Engineer. All bricks shall be installed with full mortar coverage and shall be plastered to a depth of 3/4 inch on the outer surface. Catch basin covers shall be adjusted to the rim elevations depicted on the storm profile drawings. A locking vaned grate and associated frame shall be installed on manholes and catch basins located where they will accept runoff. Bi-directional locking vaned grates shall be installed at all roadway sag locations and at low points along curb returns. (Reference City of Federal Way Standard Drawings No. 4-10 for standard vaned grate and 4-6 for standard frame). All structures not receiving surface runoff and located within the travelled way shall include round solid locking lids; except rectangular solid locking lids shall be used where indicated on the plans or directed by the Engineer. (Reference City of Federal Way Standard Drawings No. 4-12 for solid cover and 4-13 for standard frame). Catch basins shall include conversion risers to accommodate round lids where indicated in the plans or directed by the Engineer. (Reference City of Federal Way Standard Drawing 4-18 for Conversion Riser). SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-112 7-05.3(1) Adjusting Manholes, Valve Boxes and Catch Basins to Grade (Special Provision) Section 7-05.3(1) is supplemented with the following: (******) Manholes, valve boxes, catch basins, and other structures shall not be adjusted to final grade until the adjacent pavement is completed, at which time the center of each structure shall be carefully relocated from references previously established by the Contractor. The asphalt concrete pavement shall be removed to a neat circular shape for manholes and catch basin conversion risers and a neat rectangular shape for Type 1 catch basins. The edge of the cut shall be 1.5 feet from the outside edge of the cast iron frame of the structure. The base materials and crushed rock shall be removed to the full depth of adjustment plus 2 inches. The manhole and catch basin frames shall be lifted and reset to the final grade, plumb to the roadway, and shall remain operational and accessible. (Reference City of Federal Way Standard Drawing 3-55 for Utility Adjustment). The Contractor shall adjust the manholes and catch basins with pre-cast grade rings, and mortar and/or high impact adjustment risers with a maximum 2-inch thickness where required for heavy-duty frames and covers within the travelled roadway (see Section 7-05.3(6)). Metal adjustment rings shall not be used. If more than three grade rings are required to adjust a manhole to final grade, including existing grade rings, the Contractor shall remove the existing cone section or top slab, install a pre-cast manhole section of sufficient height to limit the number of grade rings to a maximum of three, and reinstall the cone section or top slab prior to paving operations. Grade adjustment rings and high impact riser installation shall be inspected by the Engineer prior to frame installation. Cover and grate frames shall be securely grouted to the structure. Where existing structures are located within the wheel path of a proposed travel lane, catch basins adjusted to grade shall also include conversion risers and heavy duty locking frames and covers and high-impact risers per Section 7-05.3(6). Following frame installation, the edges of the removed asphalt pavement and the outer edge of the reset frame shall be painted with asphalt for tack coat. The entire void around the adjustment shall then be be filled with Commercial HMA, placed and compated in maximum 3- inch lifts, to match the adjacent pavement surface. The joint between the patch and existing pavement shall then be painted with asphalt for tack coat and immediately covered with dry paving sand before the asphalt for tack coat solidifies. See Section 7-05.3 of these special provisions for ring & cover and frame & grate requirements as applicable to both existing and proposed structures. 7-05.3(3) Connections to Existing Manholes (Special Provision) Section 7-05.3(3) is supplemented with the following: (******) The requirements of this section shall also apply to connections to existing catch basins. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-113 7-05.3(5) Connection to Existing Pipe (Special Provision) Section 7-05.3(5) is added: (******) The contractor shall connect (or reconnect) existing pipes to the new manholes or catch basins without obstructing flow from upstream locations. 7-05.3(6) Heavy Duty Frame and Cover with High Impact Riser Section 7-05.3(6) is added: Heavy duty hinged style frame and covers with high-impact adjustment risers, shall be installed in accordance with the requirements of Section 7-05.3(1) and manufacturer installation instructions, for all solid-lid drainage structures located within the traveled roadway as noted in the plans. Install a rectangular to round conversion riser per Section 7-05.3(7) of these Special Provisions and City of Federal Way Standard Drawing 4-18 for existing or proposed Type 1 or Type 1L catch basins where required by the plans. High impact adjustment risers with a maximum 2-inch thickness shall be used for all heavy-duty frames and covers within the travelled roadway. 7-05.3(7) Conversion Risers (Special Provision) Section 7-05.3(7) is added: Where indicated on the Plans, install Type 1 and Type 1L catch basins with a round solid cover by installing a conversion riser per City of Federal Way Standard Drawing 4-18. If the catch basin will be located within the thru lane, install heavy duty frame and cover with high impact riser in accordance with Section 7-05.3(6) of these Special Provisions. Final adjustment to grade shall be in accordance with Section 7-05.3(1) of the Standard Plans and these Special Provisions. 7-05.4 Measurement (Special Provision) Section 7-05.4 is supplemented with the following: (******) “Catch Basin Type 1L”, will be measured per each. “Catch Basin Type 2 48 In. Diam.”, will be measured per each. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-114 “Adjust Existing Storm Drainage Structure”, will be measured per each. “Connection to Existing Drainage Structure”, will be measured per each. 7-05.5 Payment (Special Provision) Section 7-05.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Catch Basin Type 1L”, per each. “Catch Basin Type 2 48 In. Diam.”, per each. The unit contract price per each for all bid items above shall be full pay for furnishing all labor, tools, equipment, and materials necessary to complete each unit according to the Plans and Specifications. This includes all pavement removal and disposal, excavation, dewatering (if required), temporary flow bypass, connections to existing and new pipe, foundation material, bedding, backfill, compaction, surface restoration, testing, and furnishing and placing of all accessories conversion risers, temporary patching hot mix to allow for the passage of traffic, and other items as applicable. Frames and grates or rings and covers, grade rings and adjustment risers including conversion risers shall be considered incidental to this bid item and will not be measured for separate payment. “Adjust Existing Storm Drainage Structure”, per each. The bid item “Adjust Storm Drainage Structure per each, applies to existing storm drainage catch basins and storm drainage/sanitary sewer manholes that require adjustment to grade by addition or removal of adjustment risers. The unit contract price for “Adjust Existing Storm Drainage Structure per Each, includes all labor, tools, equipment, and materials necessary to adjust drainage/sewer structures to finished grade, temporary patching hot mix to allow for the passage of traffic, restoration of the area around the adjusted structure, and providing new rings and covers or frames and grates. Grade rings and adjustment risers (concrete or high- impact) shall be considered incidental to this bid item and will not be measured for separate payment. “Connection to Existing Drainage Structure”, per each. The unit contract price for “Connection to Existing Drainage Structure”, per each, applies to connecting new storm drain pipe to existing storm drainage catch basins and manholes and includes all labor, tools, equipment, and materials necessary to core drill the existing drainage structure and provide the necessary pipe connection. 7-08 GENERAL PIPE INSTALLATION REQUIREMENTS 7-08.3 Construction Requirements (Special Provision) Section 7-08.3 is supplemented with the following: (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-115 Dewatering The Contractor may encounter groundwater in trench excavation depending on trench depth. The Contractor shall not dewater the excavation with wells or well points but shall keep the excavated trench free of water during pipe installation. This may be done with sheet piling and pumping within the excavation or other methods approved by the Engineer. The Contractor shall assess the situation and develop a plan to accommodate construction in groundwater. The Contractor shall be solely responsible for this groundwater/trench excavation control plan. All costs related to trench dewatering shall be included in the related items of work. For bidding purposes the Contractor shall assume that the basic trench dewatering method is to be by sheet piling and sump pumping from the excavation with portable pumps. If advanced methods become necessary, compensation for such work shall be per 1-04.4 of the Standard Specifications. 7-08.3(3) Backfilling (Special Provision) Section 7-08.3(3) is supplemented with the following: (******) Initial backfilling shall be performed only after inspection and approval of the installed pipe. Backfill shall be accomplished in such a manner that the pipe is not damaged by impact or overloading. All backfill for pipe trenches shall be mechanically compacted by a power operated mechanical tamper(s) as specified in Sections 7-08.3(3) of the Standard Specifications or other mechanical compaction device approved by the Engineer. If there is an excess of acceptable backfill material obtained from trench excavation at one location on the project, it shall be used at other locations on the project as directed by the Engineer. Native backfill stockpiles shall be protected to prevent excessive wetting. The cost of transporting the excess backfill material shall be considered incidental to the pipe or structure backfilled. (******) 7-22 STORMWATER MEDIA FILTERS (Special Provision) Section 7-22 is added: 7-22.1 Description This work shall consist of installing Contech Filterra® and/or MWS Linear Modular Wetland Units for water quality treatment as shown on the Plans. 7-22.1(1) Submittals A. Submittals for the stormwater filters shall include the following items in accordance with Division 1, GENERAL REQUIREMENTS. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-116 1. Shop Drawings for each stormwater media filter system installation including size, location, inlet and outlet inverts, appurtenant piping; bedding, backfill, concrete top slab, lid details, and anchorage tiedown system details. The concrete top slab design shall provide H-20 loading for each system. 2. Complete materials list. 3. Manufacturer's recommended installation and maintenance procedures. 4. Manufacturer's certificate of satisfactory installation and warranty. 7-22.2 Materials 7-22.2(1) Filterra Units Filterra stormwater media filter units shall consist of Precast Filterra® units, as manufactured by Contech Engineered Solutions, 9025 Centre Pointe Dr. Suite 400, West Chester, Ohio 45069 (800) 338-1122. Filterra® units shall have a General Use Level Designation (GULD) for Enhanced treatment from the State of Washington Department of Ecology through the TAPE program. Each Filterra® unit consists of a precast concrete vault; underdrain system consisting of underdrain stone, perforated pipe, and cleanout; filter media; top slab with integrally-cast tree frame and grate, cleanout cover, and galvanized angle nosing; mulch; and plant material. Conduits shall be precast into the vault walls as detailed on the Plans to accommodate irrigation supply lines. Filterra® Top Slab: Standard Flat Top Supplied Filterra® units shall include inspection and maintenance by the supplier, or a supplier- approved contractor, for a minimum period of one year, consisting of two scheduled visits. The maintenance visits shall include the following tasks: 1. Filterra® unit inspection. 2. Foreign debris, silt, mulch & trash removal. 3. Filter media evaluation and recharge as necessary. 4. Plant health evaluation and pruning or replacement as necessary. 5. Replacement of mulch. 6. Disposal of all maintenance refuse items. 7. Maintenance records updated, stored, and submitted to the City of Federal Way Surface Water Management Division. Prior to each maintenance visit, the Federal Way Surface Water Utility shall be notified and allowed to inspect the facility and observe the maintenance of the Filterra® Bioretention System by the supplier or supplier-approved contractor (contact Theresa Thurlow, Surface Water Management Division: 253-835-2750). SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-117 7-22.2(2) Modular Wetland Units Modular Wetland stormwater media filter units shall consist of MWS Linear Modular Subsurface Flow Wetland Systems, as manufactured by Bio Clean Enviornmental Services, Inc., 2972 San Luis Rey Road, Oceanside, CA 92058, (760) 433-7640, or Modular Wetland Systems, Inc., P.O. Box 869, Oceanside, CA 92049, (760) 433-7650. Modular Wetland units shall have a General Use Level Designation (GULD) for Enhanced treatment from the State of Washington Department of Ecology through the TAPE program. Each Modular Wetland unit consists of a precast concrete vault containing a pretreatment chamber, biofiltration chamber, and discharge chamber. The pretreatment chamber houses perforated cartridge media filters, and is used for pretreating stormwater before it enters the biofiltration chamber. The pretreatment chamber has a pervious floor connected to the underdrain system, to function as a drain down system. The biofiltration chamber has a periphial void area around the filtration media cells and a centralized and vertically extending underdrain to collect filtered water from each cell. Treatment media within the biofiltration chamber consists of a sorptive media mix which does not contain any organic material and a layer of plant establishment media. Pretreated stormwater flows horizontally through the biofiltration material from the exterior void to the underdrain at the center. Treated water collected by the underdrain flows horizontally to the discharge chamber, which houses a flow control orifice plat that restrictes flows greater than the treatment flow rate. The discharge chamber also contains a drain down filter to treat drain down flows that are not treated by the biofiltration chamber. Supplied Modular Wetland units shall include inspection and maintenance by the supplier, or a supplier-approved contractor, for a minimum period of one year, consisting of two scheduled visits. The maintenance visits shall include the following tasks: 1. Modular Wetland® unit inspection. 2. Cleaning pretreatment chamber. 3. Pretreatment media evaluation and replacement as necessary. 4. Disposal of all maintenance refuse items. 5. Maintenance records updated, stored, and submitted to the City of Federal Way Surface Water Management Division. Prior to each maintenance visit, the Federal Way Surface Water Utility shall be notified and allowed to inspect the facility and observe the maintenance of the Modular Wetland unit by the supplier or supplier-approved contractor (contact Theresa Thurlow, Surface Water Management Division: 253-835-2750). 7-22.2(3) Stormwater Treatment System Bedding and Backfill A. Bedding and backfill materials for stormwater media filter unit installation shall be in accordance with Section 7-05.3. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-118 7-22.2(4) Warranties A. Manufacturer shall warrant all products to be free from defects in materials and workmanship for a minimum of 1 year from the date of installation. Manufacturer shall inspect and repair or replace defective parts during warranty period at no additional cost to Owner. 7-22.3 Construction Requirements 7-22.3(1) Filterra Unit Installation Filterra® units shall be constructed as detailed in the Plans and in accordance with these Special Provisions and the manufacturer’s installation instructions. Each unit shall be constructed at the locations and elevations according to the sizes shown on the approved Plans. Any modifications to the elevation or location shall be at the direction of and approved by the Engineer. If the Filterra® unit is stored before installation, the top slab shall be placed on the box using the 2x4 wood provided, to prevent any contamination from the site. All internal fittings supplied (if any), must be left in place as per the delivery. The unit shall be placed on a compacted sub-grade with a minimum 6-inch gravel base. The unit shall be placed such that the unit and top slab match the grade of the curb in the area of the unit. Compact undisturbed sub-grade materials to 95% of maximum density at +1- 2% of optimum moisture. Unsuitable material below sub-grade shall be replaced to the site Engineer’s approval. The 4-inch outlet pipe from each unit shall be connected to an adjacent catch basin as shown on the Plans, using 8-inch diameter corrugated polyethylene storm drain pipe, with a maximum of two 45-degree bend fittings. Once the unit is set, the internal wooden forms and protective mesh cover shall be left intact. Remove only the temporary wooden shipping blocks between the box and top slab. The top lid shall be sealed onto the box section before backfilling, using a non-shrink grout, butyl rubber or similar waterproof seal. The boards on top of the lid and boards sealed in the unit’s throat must NOT be removed. The Supplier (Contech or its authorized dealer) will remove these sections at the time of activation. Backfilling shall be performed in a careful manner, bringing the appropriate fill material up in 6-inch lifts on all sides. Precast sections shall be set in a manner that will result in a watertight joint. Installation of Filterra® unit shall conform to ASTM specification C891 “Standard Practice for Installation of Underground Precast Utility Structures”. The contractor is responsible for inlet protection/sediment control and cleaning around each Filterra unit. The curb and gutter adjacent to each Filterra unit shall be cast in place following installation of the Filterra unit, providing a depressed gutter section as detailed in the Plans. Dowel bars from the pre-cast Filterra unit shall be bent to extend into the cast-in-place depressed gutter as detailed on the Plans. Throat protection device provided with Filterra unit shall remain in place until the site is stabilized and the Filterra unit is activated by Filterra supplier. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-119 The contractor shall verify that the elevation of the next downstream catch basin is lower than the gutter elevation adjacent to the Filterra unit. 7-22.3(2) Modular Wetland Unit Installation Modular Wetland units shall be constructed as detailed in the Plans and in accordance with these Special Provisions and the manufacturer’s installation instructions. Each unit shall be constructed at the locations and elevations according to the sizes shown on the approved Plans. Any modifications to the elevation or location shall be at the direction of and approved by the Engineer. The contractor shall exercise care in the storage and handling of the Modular Wetland unit and all components prior to and during installation. Any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced shall be born by the contractor. The unit shall be placed on a compacted sub-grade with a minimum 6-inch gravel base. The unit shall be placed such that the unit and top slab match the grade of the curb in the area of the unit. Compact undisturbed sub-grade materials to 95% of maximum density at +1- 2% of optimum moisture. Unsuitable material below sub-grade shall be replaced to the site Engineer’s approval. Once the unit is set, the internal wooden forms and protective silt fabric cover must be left intact (if Wetland Media pre-installed). The top lid(s) shall be sealed onto the box section before backfilling, using a non-shrink grout, butyl rubber or similar waterproof seal. The boards on the top of the lid and boards sealed in the unit’s throut must not be removed. The supplier will remove these sections at the time of activation. Outlet connections shall be aligned and sealed in accordance with the Plans and approved shop drawings. The correct outlet will be marked on the Modular Wetland unit. Backfilling shall be performed in a careful manner, bringing the appropriate fill material up in 6-inch lifts on all sides. Precast sections shall be set in a manner that will result in a watertight joint. Installation of the Modular Wetland unit shall conform to ASTM specification C891 “Standard Practice for Installation of Underground Precast Utility Structures”. If not pre-installed, the contractor shall install Wetland Media in accordance with the manufacturer’s insallation instructions. Plants for Modular Wetland units (where specificed) shall be supplied and installed by the Contractor. The curb and gutter adjacent to each Modular Wetland unit shall be cast in place following installation of the Modular Wetland unit, constructing a depressed gutter section and fabricated steel curb hood as detailed in the Plans. It is the responsibility of the Contractor to provide curb and gutter transition to the Modular Wetland unit for positive stormwater flow into the system through the thoat, pipe or grate opening. 7-22.3(3) Installation Warranty Manufacturer's representative shall observe installation of the stormwater filters and shall provide a certificate of satisfactory installation to Owner prior to operation. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-120 7-22.3(4) Operational Testing The manufacturer’s representative shall participate in and observe operational testing of the stormwater treatment systems for design performance. All observed problems shall be rectified prior to Owner acceptance. 7-22.4 Measurement Stormwater Media Filters will be measured per each. Modular Wetlands will be measured per each. 7-22.5 Payment Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Stormwater Media Filter (Filterra or Modular Wetland Unit)”, per each The unit contract price per each for Stormwater Media Filter (Filterra or Modular Wetland Unit) shall be full pay for furnishing all labor, tools, equipment, and materials necessary to install a Filterra or Modular Wetland unit of the size indicated on the Plans, at locations where the Plans indicate that either a Filterra unit or Modular Wetland unit is acceptable, in accordance with the Plans and Specifications. One manufacturer shall provide all stormwater media filters paid for by the Stormwater Media Filter (Filterra or Modular Unit) bid item. The unit contract price per each for Stormwater Media Filter (Filterra or Modular Wetland Unit) shall also include excavation, plant material (where applicable), gravel base, grates and lids, backfill, compaction, adjustment to finished grade, depressed gutter, curb hood (for Modular Wetland), facility activation, and one year of inspection and maintenance by supplier. Shoring shall be paid as specified in 2-09.5. Gravel borrow used for backfill when the engineer has determined that native material is not satisfactory for backfill shall be paid in accordance with 2-03.5. END OF DIVISION 7 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-121 DIVISION 8 MISCELLANEOUS CONSTRUCTION 8-01 EROSION CONTROL AND WATER POLLUTION CONTROL 8-01.3 Construction Requirements 8-01.3(1) General Section 8-01.3(1) is supplemented with the following: (April 1, 2002 WSDOT GSP) Offsite Storm water Storm water is known to enter the project site at the following locations: *** 13+15 RT Public Storm Drain *** The Contractor shall, prior to disruption of the normal water course, intercept the offsite storm water and pipe it either through or around the project so it is discharged at its pre-construction outfall point in such a manner that there is no increase in erosion below the site. The method for performing this work shall be included in the Contractor’s temporary erosion control plan. Section 8-01.3(1) is supplemented with the following: (*****) The Contractor shall be responsible for all Work required for compliance with the Construction Stormwater General Permit (CSWGP) including annual permit fees. In this section, replace the term “Temporary Erosion and Sediment Control Plan” (TESC) with “Stormwater Pollution Prevention Plan” (SWPPP). The first through eighth paragraphs of 8-01.3(1) are deleted and replaced with the following: (January 5, 2015) The Contractor shall install a high visibility fence along the site preservation lines shown in the Plans or as instructed by the Engineer. Throughout the life of the project, the Contractor shall preserve and protect the delineated area, acting immediately to repair or restore any fencing damaged or removed. Controlling pollution, erosion, runoff, and related damage requires the Contractor to perform temporary Work items including but not limited to: a. Providing ditches, berms, culverts, and other measures to control surface water. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-122 b. Building dams, settling basins, energy dissipaters, and other measures, to control downstream flows. c. Controlling underground water found during construction. d. Covering or otherwise protecting slopes until permanent erosion-control measures are working. To the degree possible, the Contractor shall coordinate this temporary Work with permanent drainage and erosion control Work the Contract requires. All sediment control devices including, but not limited to, sediment ponds, perimeter silt fencing, or other sediment trapping BMPs shall be installed prior to any ground disturbing activity. Clearing, grubbing, excavation, borrow, or fill within the Right of Way shall never expose more erodible earth than as listed below: Western Washington (West of the Cascade Mountain Crest) Eastern Washington (East of the Cascade Mountain Crest) May 1 through September 30 17 Acres April 1 through October 31 17 Acres October 1 through April 30 5 Acres November 1 through March 31 5 Acres 8-01.3(1)A Submittals Section 8-01.3(1)A is revised to read: (******) A Stormwater Pollution Prevention Plan (SWPPP) shall be prepared by the Contractor and submitted for approval to the Engineer. The plan shall consist of the Contractor’s complete strategy to meet the requirements of the Department of Ecology’s NPDES and State Waste Discharge General Permit for Stormwater Discharges Associated With Construction Activity (General Permit). The SWPPP shall include and modify as necessary the Site Preparation and Erosion Control Plan drawings provided as part of the Contract Plans. The Contractor shall prepare review and modify the SWPPP as necessary to be consistent with the actual work schedule, sequencing, and construction methods that will be used on the project. The Contractor’s SWPPP shall meet the requirements of the general permit. The Contractor’s modifications to the SWPPP shall also incorporate the content and requirements for the Spill Prevention, Control and Countermeasures (SPCC) Plan in accordance with Section 1- 07.15(1). The SWPPP shall document all the erosion and sediment control Best Management Practices (BMPs) proposed, whether permanent or temporary. The plan shall document installation procedures, materials, scheduling, and maintenance procedures for each erosion and sediment control BMP. The Contractor shall submit the SWPPP for the Engineer’s approval before any work begins. The Contractor shall allow at least five working days for the Engineer’s review of the initial SWPPP or any revisions to the modified SWPPP. Failure to approve all or part of any such plan shall not make the Contracting Agency liable to the SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-123 Contractor for any work delays. The Contractor may not begin work without an approved Contractor’s SWPPP. The Contractor shall complete and modify the SWPPP to meet the Contractor’s schedule and method of construction. All TESC Plans shall meet the requirements of the current edition of the WSDOT Temporary Erosion and Sediment Control Manual M 3109 and be adapted as needed throughout construction based on site inspections and discharge samples to maintain compliance with the CSWGP. The Contractor shall develop a schedule for implementation of the SWPPP work and incorporate it into the Contractor’s progress schedule. In addition, the SWPPP shall outline the procedures to be used to prevent high pH stormwater or dewatering water from entering surface waters. The plan shall include how the pH of the water will be maintained between pH 6.5 and pH 8.5 prior to being discharged from the project or entering surface waters. Prior to beginning any concrete or grinding work, the Contractor shall submit the plan, for the Engineer’s review and approval. As a minimum, the SWPPP shall include all the SWPPP requirements identified in the General Permit, including: Narrative discussing and justifying erosion control decisions (12 elements) Drawings illustrating BMPs types and locations Engineering calculations for ponds and vaults used for erosion control A schedule for phased installation and removal of the proposed BMPs, including: A. BMPs that will be installed at the beginning of project startup. B. BMPs that will be installed at the beginning of each construction season. C. BMPs that will be installed at the end of each construction season. D. BMPs that will be removed at the end of each construction season. E. BMPs that will be removed upon completion of the project. An Ecology template is available to the Contractor for producing the SWPPP, using project- specific information added by the Contractor. The template and instructions are available at: http://www.ecy.wa.gov/programs/wq/stormwater/construction/ Turbidity and pH Exceedances Following any exceedances of the turbidity or pH benchmarks, the Contractor shall provide the following at no additional cost to the Contracting agency: 1. The necessary SWPPP revisions and on-site measures/revisions including additional source control, BMP maintenance, and/or additional stormwater treatment BMPs that are necessary to prevent continued exceedance of turbidly and/or pH benchmarks. 2. The regulatory notification to the Dept of Ecology and to the Engineer of any monitoring results requiring regulatory notification. 3. The additional daily sampling and reporting measures described in the General Permit to verify when project site runoff is in compliance. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-124 8-01.3(1)B Erosion and Sediment Control (ESC) Lead The second and third paragraphs in Section 8-01.3(1)B are revised to read: (January 5, 2015 WSDOT GSP) The ESC Lead shall implement the TESC Plan. Implementation shall include, but is not limited to: 1. Installing and maintaining all temporary erosion and sediment control Best Management Practices (BMPs) included in the TESC Plan to assure continued performance of their intended function. Damaged or inadequate TESC BMP’s shall be corrected immediately. 2. Updating the TESC Plan to reflect current field conditions. 3. Discharge sampling and submitting Discharge Monitoring Reports (DMRs) to Ecology in accordance with the CSWGP. 4. Develop and maintain the Site Log Book as defined in the CSWGP. As a part of the Site Log Book, the Contractor shall develop and maintain a BMP tracking table to show that identified TESC compliance issues are fully resolved within 10 calendar days. The table shall include the date an issue was identified, a description of how it was resolved, and the date the issue was fully resolved. The ESC Lead shall also inspect all areas disturbed by construction activities, all on-site erosion and sediment control BMP’s, and all stormwater discharge points at least once every calendar week and within 24-hours of runoff events in which stormwater discharges from the site. Inspections of temporarily stabilized, inactive sites may be reduced to once every calendar month. The Erosion and Sediment Control Inspection Form (WSDOT Form 220-030) shall be completed for each inspection and a copy shall be submitted to the Engineer no later than the end of the next working day following the inspection. (April 3, 2006 WSDOT GSP) Submittals Section 8-01.3(1)A is supplemented with the following: Prior to beginning any concrete or grinding work, the Contractor shall submit a plan, for the Engineer’s review and approval, outlining the procedures to be used to prevent high pH stormwater or dewatering water from entering surface waters. The plan shall include how the pH of the water will be maintained between pH 6.5 and pH 8.5 prior to being discharged from the project or entering surface waters. 8-01.3(1)G Monitoring Requirements (Special Provision) Section 8-01.3(1)G is a new section: Monitoring of stormwater shall be conducted for comparisons to benchmark values for turbidity and pH as described in the General Permit. The Contractor shall provide weekly stormwater monitoring of the project stormwater discharge locations for turbidity and pH as required for SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-125 sites which disturb 5 acres or more as described in the General Permit. In addition, the Contractor shall: 1. Review project maps, project definition, and the proposed construction schedule to understand when and where construction activities have the greatest potential to impact specific water quality parameters. 2. Assume four discharge locations to be monitored. Establish three specific project sampling locations for sampling and monitoring at each discharge location to determine background, outfall, and downstream water quality conditions. The Contractor shall assume: a. Identify specific monitoring locations 4. Develop a map to be included in the SWPPP for approval that identifies the Contractor’s proposed sampling station locations. Keep the map with the monitoring and reporting forms so personnel responsible for monitoring, recording and reporting can understand the locations and access the sampling stations. 5. Establish a sampling schedule such that monitoring is conducted weekly during storm events that exceed 0.5 inches of rainfall within 24 hours, while the project is active. 6. Establish procedures that adapt to unanticipated events such as severe storms, schedule adjustments, modified construction techniques, etc. Submit any modifications to the procedures to the Project Engineer for approval. 7. Calibrate equipment according to manufacturers’ recommendations and according to their specified schedule. If data appears suspect, perform additional calibrations immediately. Payment for stormwater monitoring and related reporting and recordkeeping will be made under the lump sum item SWPPP. Turbidity and pH Exceedances Following any exceedances of the turbidity or pH benchmarks, the Contractor shall provide the following at no additional cost to the Contracting agency: The necessary SWPPP revisions and on-site measures/revisions including additional source control, BMP maintenance, and/or additional stormwater treatment BMPs that are necessary to prevent continued exceedance of turbidly and/or pH benchmarks. The regulatory notification to the Dept of Ecology and to the Engineer of any monitoring results requiring regulatory notification. The additional daily sampling and reporting measures described in the General Permit to verify when project site runoff is in compliance. 8-01.3(15) Maintenance (January 5, 2015 WSDOT GSP) The fifth paragraph of Section 8-01.3(15) is deleted. 8-01.4 Measurement (January 5, 2015 WSDOT GSP) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-126 When the Bid Proposal contains the lump sum item “Erosion Control and Water Pollution Prevention” there will be no measurement of unit or force account items for Work defined in Section 8-01. 8-01.5 Payment Section 8-01.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Inlet Protection”, per each. “Erosion Control and Water Pollution Prevention”, lump sum. The lump sum Contract price for “Erosion Control and Water Pollution Prevention” shall be full payment to perform the Work as specified in Section 8-01. Progress payments for the lump sum item “Erosion Control and Water Pollution Prevention” will be made as follows: 1. The Contracting Agency will pay 25 percent of the bid amount for the initial set up for the item. Initial set up includes the following: a. Acceptance of the TESC Plan provided by the Contracting Agency or submittal of a new TESC Plan, b. Submittal of a schedule for the installation of the BMP’s, c. Identifying water quality sampling locations, and d. Initial installation of BMP’s associated with sensitive areas delineation, clearing/grubbing and perimeter control. 2. The remaining seventy-five percent of the bid amount shall be paid in accordance with Section 1-09.9. 8-02 ROADSIDE RESTORATION 8-02.1 Description The first paragraph of Section 8-02.1 is revised to read: (******) This work shall consist of furnishing and placing topsoil, sod, mulch, seeding restoration, and planting trees in accordance with these Specifications and as shown in the Plans or as directed by the Engineer. 8-02.2 Materials Section 8-02.2 is supplemented with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-127 (******) Topsoil Type A 9-14.1(1) Seed 9-14.2 Bark or Wood Chip Mulch 9-14.4(3) Sod 9-14.6(8) Tree Watering Bag System 9-14.8 Root Barrier 9-14.9 8-02.3 Construction Requirements Section 8-02.3(1) is supplemented with the following: (******) Landscape construction is anticipated to begin after all curbs, sidewalks, walls, and associated roadside work is completed. Landscape materials shall not be installed until weather permits and installation has been authorized by the Engineer. If water restrictions are anticipated or in force, planting of landscape materials may be delayed until the restrictions are lifted. Throughout planting operations, the Contractor shall keep the premises clean, free of excess soils, plants, and other materials, including refuse and debris, resulting from the Contractor’s work. At the end of each work day, and as each planting area is completed, it shall be neatly dressed, and all surrounding walks and paved areas shall be cleaned to the satisfaction of the Engineer. No flushing will be allowed. At the conclusion of work, the Contractor shall remove surplus soils, materials, and debris from the construction site and shall leave the project in a condition acceptable to the Engineer. 8-02.3(3) Roadside Work Plan Section 8-02.3(2) is supplemented with the following: (******) The Roadside Work Plan shall be submitted to the Engineer one week prior to initiating proposed work. The use of chemical herbicides shall be considered on a case-by-case basis. The contractor must submit, as part of the Work Plan, the intent to use chemical herbicides to the Engineer for approval prior to use. 8-02.3(4)A Topsoil Type A Section 8-02.3(4) A is supplemented with the following: (******) Topsoil Type A shall conform to Section 9-14.1(1) of these Special Provisions and shall be supplied by a Contractor's supplied source, and as approved by the Engineer. 8-02.3(5) Planting Area Preparation Section 8-02.3(5) is supplemented with the following: (******) Thoroughly scarify subgrade in sod lawn areas to a minimum depth of six inches (6”). For sod lawn areas that become compacted due to construction use, such as staging areas and SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-128 access roads, the Contractor shall loosen and cultivate to a minimum depth of twelve inches (12”) prior to planting operations. Remove all construction debris and rocks over two inches (2”) in diameter prior to the placement of topsoil. Scarified subgrade shall be inspected and approved by the Engineer prior to placement of topsoil. Upon approval of subgrades by the Engineer, Topsoil Type A shall be placed to a compacted depth of four inches (4”) in sod lawn areas or as indicated on Plans. Lightly compact soil and establish a smooth and uniform finished grade that protects against obstruction to surface drainage and ponding. Materials shall be placed so that after settlement of finished grades the top of the sod soil level will be even and half inch (1/2”) below the top of sidewalks in lawn areas. For bark-mulched areas, finish grade of bark mulch shall be one one inch (1”) plus the specified depth of mulch below top of curb or sidewalk. No cultivation shall occur in areas within the drip line of existing vegetation scheduled to remain or any other areas which appear to have a significant number of existing tree roots. The costs of removing all excess material and debris shall be considered incidental to and included in the unit contract prices of other items in this contract. 8-02.3(8) Planting Section 8-02.3(8) is supplemented with the following: (******) Bare root stock shall be planted only from October to February. All trees shall be planted as detailed on the Plans. Loosen tree planting pit subsurface to a depth of eight to twelve inches (8" - 12"), then scarify sides prior to planting. Backfill around root ball with Topsoil Type A, as detailed on the Plans. Sufficient soil shall be placed around the plant and compacted so as to insure that the location of the ground line at the top of the rootball is the same as the nursery Plant trees upright and face to give best appearance or relationship to adjacent structures and hold rigidly in position until planting soil has been backfilled and tamped firmly around the rootball or roots. Plant trees in planting pits as detailed on Plans. Balled and burlapped trees shall be placed in the planting pits with the burlap intact; the binding shall be removed and all of the burlap or cloth wrapping materials shall be removed from the root ball. Remove all plastic, twine and ropes. The tree shall be rejected if the root ball is cracked or broken during removal of wrapping or the planting process. When the pit is backfilled halfway, place the specified quantity of fertilizer, unless otherwise specified on the plans. Evenly spread fertilizer adjacent to, the root system at a depth that is between the middle and the bottom of the root system. Do not injure root system. Place and compact planting topsoil carefully to avoid injury to roots; fill all voids. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-129 When pit is three-quarters (3/4) backfilled, completely fill with water and allow water to soak away. If water does not drain within ½ hour notify Engineer; tree planting pits which do not drain properly may require drainrock sump to facilitate drainage. Fill pits with additional soil to finish grade and continue backfilling as detailed on plans. Install Tree Watering Bag System on Stormwater Media Filter Tree only if Filterra unit selected for Contract. Tree Watering Bag System shall be as specified in Section 9-14.8 Tree Watering Bag System of these Special Provisions. Tree Watering bag System shall be included and paid for under bid item “Automatic Irrigation System Complete” per Section 8-03.5 Payment of these Special Provisions. The Contractor shall assemble and install root barrier in accordance with the manufacturer’s requirements and per City Standard Detail 3-29. 8-02.3(10) Fertilizers Section 8-02.3(10) is supplemented with the following: (******) Fertilizer shall be a standard commercial grade of organic or inorganic fertilizer as specified in Section 9-14.3. All fertilizers shall be furnished in standard unopened containers with weight, name of plant nutrients and manufacturer’s guaranteed statement of analysis clearly marked, in accordance with State and Federal law. Trees shall be fertilized at a rate according to manufacturer’s recommendations. Fertilizer shall be considered incidental to and included in the lump sum contract prices in the Contract. 8-02.3(11) Bark or Wood Chip Mulch Section 8-02.3(11) is supplemented with the following: (******) Bark Mulch shall be placed over all tree planting pits to a depth no less than two (2) inches, as detailed on the Plans. Thoroughly water and hose down plants with a fine spray to wash the leaves of the plants immediately after application. Bark Mulch shall meet the requirements of Section 9-14.4(3) Bark or Wood Chips of these Special Provisions. 8-02.3 (13) Plant Establishment Section 8-02.3(13) is supplemented with the following: (******) Plant establishment shall consist of insuring resumption and continued growth of all planted material including trees, sod lawn, and seeded areas for a period of one (1) year. This shall include, but is not limited to, labor and materials necessary for removal and replacement of any rejected plant material planted under this contract. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-130 8-02.3(17) Protection of Private Property and Property Restoration (Special Provision) New Section Property restoration shall consist of fine grading and restoration of adjacent landscaped areas; adjustment and/or replacement of private irrigation systems; slope restoration behind sidewalks; timber edgings; installing and replacing private wood and chain link fencing, and other work not currently identified on the plans, as directed by the Engineer. The Contractor is specifically reminded that any unnecessary damage caused by construction activities will be repaired at the Contractor’s expense. Restore all disturbed areas to original condition or better. Grass areas shall be restored with hydroseed where directed. Removal of tree roots outside the limits of construction, as directed by the Engineer and under the supervision of a certified arborist, shall be paid for under “Property Restoration”. Topsoil shall be Type A and mulch shall be Bark or Wood Chip Mulch, per these Special Provisions. All materials shall conform to Sections 9-14 Erosion Control and Roadside Planting and 9-15 Irrigation System of the Standard Specifications. The force account provided for property restoration also includes any adjustments and or replacements of existing irrigation systems not covered under Section 8-03 Irrigation Systems of the Special Provisions. This work shall also consist of modifying existing landscape lighting systems as may become necessary by these improvements. The Contractor is advised that protecting existing private irrigation and lighting systems from damage does not constitute a basis for claim or extra work. “Property Restoration” has been provided as a basis for modifications or improvements to private lighting systems and irrigation systems that may become necessary, but could not be foreseen prior to construction. 8-02.4 Measurement Section 8-02.4 is supplemented with the following: (******) The pay quantities for the plant materials will be determined by count of the number of satisfactory installed trees, shrubs, groundcover and other landscape materials accepted by the Engineer. “Topsoil Type A” and “Bark or Wood Chip Mulch” and will be measured by the cubic yard in the haul conveyance at the point of delivery. “Root barrier” will be measured per linear foot of installed root barrier. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-131 8-02.5 Payment Section 8-02.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Topsoil Type A”, per cubic yard “Bark or Wood Chip Mulch”, per cubic yard “Seeded Lawn Installation”, per square yard “Sod Installation”, per square yard “Root Barrier”, per linear foot. “PSIPE, Acer X freemanii ’Jeffersred’ / Autumn Blaze Maple 2 ½” Cal., 12’-14’ ht.”, per each Payment will be made in accordance with Section 1-09.6 for the following bid items when included in the proposal: “Property Restoration”, by force account 8-03 IRRIGATION SYSTEMS 8-03.1 Description Section 8-03.1 is supplemented with the following: (******) The work shall consist of installing a fully functioning and complete landscape irrigation system, including tree watering bags. Some private irrigation systems exist within the project limits which will be impacted by the project improvements. The Contractor shall minimize the impacts to these facilities to the maximum extent possible. In the event that irrigation systems are found to encroach within the limits of the project improvements, they shall be modified as necessary to ensure satisfactory operation upon completion of the improvements. 8-03.3 Construction Requirements Section 8-03.3 is supplemented with the following: (******) The Contractor shall apply and pay for associated fees for the water meter and installation through the Lakehaven Utility District. Permit fees will be reimbursed at actual invoice cost in accordance with Section 8-03.3(15). Application review may take up to 6 weeks. The Contractor shall provide, install and set the irrigation meter in location as shown on the Plans. The Contractor shall coordinate installation and all required inspections with the Lakehaven Utility District. Tapping of active water mains must be performed by Lakehaven, or SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-132 authorized agent for large diameter taps, and any connection to an irrigation system, including testing, requries an approved backflow prevention device. All work shall be in strict conformance with the Lakehaven Utility District Water System and Sewer Standards, together with the plans, details and manufacturer’s written information regarding recommended installation procedures. References to the use of galvanized pipe in the Standard Specifications and Amendments shall be replaced with Schedule 80 PVC or other Engineer accepted pipe material. Sprinkler irrigation systems found to encroach within the limits of improvements shall be modified as necessary to remove the encroachment and to ensure satisfactory operation of the remaining system. The Contractor shall ensure that existing systems remain in operation during the construction of this project. The Contractor shall furnish temporary water to disconnected existing irrigation systems. Irrigation systems that have been damaged during construction activities shall be repaired within 5 working days. 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. 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. Payment will be by force account for Property Restoration per Section 8-02 these Special Provisions. 8-03.3(7) Flushing and Testing Section 8-03.3(7) is supplemented with the following: (******) The Contractor shall pretest and prove functional then advise the Engineer at least 48 hours before pressure and coverage tests are to be conducted and shall have the approval of the Engineer before backfilling. Mainlines shall be tested at 140 PSI and PVC lateral lines at 50 PSI. Before the sprinkler system will be accepted, the Contractor, in the presence of the Engineer, shall perform a drip emitter water coverage test to determine if the water coverage and operation of the system is complete and satisfactory. This test will take place prior to the placement of bark mulch in drip irrigation areas. If any part of the system is inadequate it shall be repaired or replaced at the Contractor’s expense and the test repeated until accepted. All backfilled trenches shall be repaired by the Contractor at his expense, including restoration of plant materials. 8-03.3(14) Irrigation Electrical Service Section 8-03.3(14) is supplemented with the following: (******) Furnish and install the irrigation controller, in an Engineer approved single sided 12” x 24” x 36” height, vandal resistant locking, 12 gauge pre-galvanized steel, NEMA 3R pad-mount enclosures complete with 120V power source, and 28” x 28” x 12” thick concrete pad complete with all fasteners, hardware, bolts, nuts and washers of stainless steel or galvanized if accepted by the Engineer and sized per manufacturer’s instructions. Install pad, pedestal, controller, 120V control wire, conduits at locations staked by Contractor and approved by Engineer. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-133 Contractor shall furnish conduit, wiring, labor, equipment, and materials, and connect to power source in location as shown on the Illumination Plans. 8-03.3(15) Lakehaven Utility District Connection Fees Section 2-02.3(8) is a new section: (******) Fees payable to the Lakehaven Utility District for permitting and connection of the irrigation meter will be reimbursed at actual cost. For the purpose of providing a common proposal, and for that purpose only, the Contracting Agency has estimated the cost of permit fees and has arbitrarily entered that amount in the bid proposal to become part of the total bid by the Contractor. Any labor, materials, or equipment necessary to prepare the necessary applications to obtain the permit and coordinate necessary inspections and approval shall be included in the lump sum price bid for ‘Automatic Irrigation System, Complete’ and shall not be reimbursable under the item ‘Lakehaven Utility District Connection Fees’. 8-03.4 Measurement Section 8-03.4 is supplemented with the following: (******) Measurement for Automatic Irrigation System, Complete will be by lump sum for the installation of the new irrigation system including tree watering bags as necessary, within the City’s right- of-way outlined in the contract documents, complete and in full operating condition. No separate measurement will be made for Lakehaven Utility District Connection Fee, as all work shall be reimbursed at actual cost. 8-03.5 Payment Section 8-03.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Automatic Irrigation System, Complete”, per lump sum The lump sum contract price for Automatic Irrigation System, Complete shall be full compensation for furnishing all labor, materials, tools, electrical services connection costs, and equipment necessary or incidental to the construction of the complete and operable sprinkler irrigation system as shown in the Plans or as directed by the Engineer. All costs for furnishing and installing controller, pads, enclosures, conduit, wiring, irrigation controller, all control wiring, backflow preventer, vault enclosures, valves, piping, and all other required components for a fully functional system where indicated and as detailed in the Plans and all costs of inspections and tests performed on Cross Connection Control shall be considered incidental to and included in the unit contract price for Automatic Irrigation System. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-134 “Tree Watering Bag System” shall be considered incidental to and included in the lump sum price for this bid item. All labor, tools, equipment, and materials necessary or incidental to completely install a functioning water bag system for each tree noted on the Plans including, but not limited to, supplying, installing, and maintaining water bags, clearing water bags of debris, and replacing damaged water bags will be considered included in the cost of the irrigation system. “Lakehaven Utility District Connection Fees”, per force account. The Contractor shall pay the Lakehaven Utility District access fees at the time they purchase the meters. Payment for Lakehaven Utility District Connection Fee shall be a reimbursement for actual permit cost and no additional payment will be made. 8-04 CURBS, GUTTERS, AND SPILLWAYS 8-04.1 Description (Special Provision) Section 8-04.1 is supplemented with the following: (******) This work shall also consist of constructing cement concrete curbs in accordance with these Specifications and in conformity with the dimensions and cross-sections shown in the Plans and to the lines and grades as staked. 8-04.2 Materials (Special Provision) Section 8-04.2 is supplemented with the following: (******) Materials for Integral Curb shall meet the requirements of the following sections: Portland Cement 9-01 Aggregates 9-03 Premolded Joint Filler 9-04.1 Reinforcing Steel 9-07 8-04.3 Construction Requirements (Special Provision) Section 8-04.3 is supplemented with the following: (******) The sub-base for curb and gutter sections shall be compacted to 95 percent density at or below optimum moisture content, as per Section 2-03.3(14)D revised, before placing the curb and gutter. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-135 White-pigmented curing compounds will not be allowed. The top of the finished concrete shall not deviate more than one-eighth (1/8”) in ten feet (10’) or the alignment one-fourth (1/4”) in ten feet (10’). Where shown on the Plans, the concrete curb will be ramped for wheel chairs as shown in the City Standard Plan Details. Where shown on the plans, the Contractor shall paint the curbs with 2-coats of yellow paint. Paint and application shall conform to the Standard Specifications for traffic paint striping. 8-04.3(3) Painting of Curbs (Special Provision) Section 8-04.3(3) is supplemented with the following: (******) When shown on the plans, concrete curbing shall be painted with two full coats of Paint formula No. H-2-83 or H-3-83 as shown on the plans or directed by the Engineer. The paint can be applied by brush or spray. 8-04.4 Measurement (Special Provision) Section 8-04.4 is supplemented with the following: (******) All curbs and curb and gutter will be measured by the linear foot along the line and slope of the completed curb and gutter. Painting of curbs will not be measured and is considered incidental to the unit price of the type of curb. 8-04.5 Payment (Special Provision) Section 8-04.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Extruded Curb, Type 6”, per linear foot. “Cement Conc. Curb and Gutter”, per linear foot. “Cement Conc. Barrier Curb”, per linear foot. 8-09 RAISED PAVEMENT MARKERS 8-09.3 Construction Requirements SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-136 (Special Provision) Section 8-09.3 is supplemented as follows: (******) RPMs shall be installed per City of Federal Way Standard Details 8-09.5 Payment (Special Provision) Section 8-09.5 is supplemented as follows: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Raised Pavement Marker Type 2”, per Hundred. 8-12 CHAIN LINK FENCE AND WIRE FENCE 8-12.2 Materials (August 3, 2009 WSDOT GSP) Section 8-12.2 is supplemented with the following: Coated Chain Link Fence Chain link fence fabric shall be hot-dip galvanized with a minimum of 0.8 ounce per square foot of surface area. Fencing materials shall be coated with an ultraviolet-insensitive plastic or other inert material at least 2 mils in thickness. Any pretreatment or coating shall be applied in accordance with the manufacturer's written instructions. The Contractor shall provide the Engineer with the manufacturer's written specifications detailing the product and method of fabrication. The color shall match Federal Standard 595 color number *** 37038 ***, or be as approved by the Engineer. Samples of the coated fencing materials shall be approved by the Engineer prior to installation on the project. The Contractor shall supply the Engineer with 10 aerosol spray cans containing a minimum of 14 ounces each of paint of the color specified above. The touch-up paint shall be compatible with the coating system used. 8-12.4 Measurement (Special Provision) Section 8-12.4 is supplemented with the following: (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-137 Chain link fence installed on modular block wall will not be measured and is considered included in the bid item Modular Block Wall as specified in Section 6-13. 8-12.5 Payment (Special Provision) Section 8-12.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Black Vinyl Coated Chain Link Fence”, per linear foot. 8-14 CEMENT CONCRETE SIDEWALKS 8-14.3 Construction Requirements (Special Provision) Section 8-14.3 is supplemented with the following: (April 4, 2011 WSDOT GSP) The Contractor shall request a pre-meeting with the Engineer to be held 2 to 5 working days before any work can start on cement concrete sidewalks, curb ramps or other pedestrian access routes to discuss construction requirements. Those attending shall include: 1. The Prime Contractor and Subcontractor in charge of constructing forms, and placing, and finishing the cement concrete. 2. Project Engineer (or representative) and Project Inspectors for the cement concrete sidewalk, curb ramp or pedestrian access route Work. Items to be discussed in this meeting shall include, at a minimum, the following: 1. Slopes shown on the Plans. 2. Inspection 3. Traffic control 4. Pedestrian control, access routes and delineation 5. Accommodating utilities 6. Form work 7. Installation of detectable warning surfaces SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-138 8-14.4 Measurement The second paragraph is deleted and replaced with the following: (Special Provision) (******) Cement Concrete Curb ramps shall be measured separately from sidewalks. Cement Conc. Curb Ramp will be measured per each for the complete curb ramp installed, regardless of type, including landing, any adjacent curbs including pedestrian curb, curb and gutter, depressed curb and gutter, and does not include the installation of the detectable warning surface. 8-14.5 Payment (Special Provision) Section 8-14.5: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Cement Conc. Sidewalk”, per square yard “Cement Conc.Curb Ramp”, per each “Detectable Warning Surface”, per square foot. 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, INTELLIGENT TRANSPORTATION SYSTEMS, AND ELECTRICAL 8-20.1 Description Section 8-20.1 is replaced with the following: (******) Work includes furnishing and installing all materials necessary to provide: 1. Traffic Signal Modifications at the intersection of S Dash Point Road and Redondo Way S. 2. A fully functional street light illumination system on the south side of S Dash Point Road from Redondo Way S to Sacajawea Middle School eastern driveway. 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. Video detection SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-139 2. Junction boxes 3. Loop detection 4. Conduit and wire 5. Refeeding existing wire 6. Intercepting existing conduit 7. Luminaires 8. Illumination poles and bases 9. Electrical service, enclosures, connections, and bases 10. Battery Backup cabinets and bases Work shall include the supply, testing and installation of all traffic signal hardware and when specified, the modification of such an existing system. 8-20.1(1) Regulations and Code Section 8-20.1(1) is supplemented with the following: (March 13, 2012 City of Federal Way) Where applicable, materials shall conform to the latest requirements of the Washington State Department of Labor and Industries and Puget Sound Energy. 8-20.1(2) Industry Codes and Standards The following is added at the end of the first paragraph of this section: (March 13, 2012 City of Federal Way) National Electrical Safety Code (NESC), Secretary NESC, NESC Committee, IEEE Post Office Box 1331445 Hoes Lane, Piscataway, NJ 08855-1331. 8-20.1(3) Electrical Permits Add the following new Section: (******) The Contractor shall be responsible for obtaining all required electrical permits, including all required City electrical permits. All costs to obtain and comply with electrical permits shall be included in the applicable bid items for the work involved. 8-20.1(4) Signal Downtime During Construction Add the following new Section: (******) All signal downtime shall be notified/coordinated with the Engineer at least 5 days prior to the signal downtime. Signal downtime during construction shall be limited to off-peak hours. Unless otherwise approved by the Engineer, the Contractor shall furnish an off-duty police officer for traffic control during all roadway work, for all roadway work performed within 150 feet of the signalized intersection, and for all other conditions where the Engineer deems it necessary for safety. The off-duty police officer shall be in addition to all other personnel required for SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-140 flagging. Unless otherwise approved by the Engineer, flaggers shall be required to assist pedestrians crossing the street at the signalized intersection during signal downtime. 8-20.2 Materials Section 8-20.2 is supplemented with the following: (March 13, 2012 City of Federal Way) Control density fill shall meet the requirements of Washington Aggregates and Concrete Association. Crushed surfacing top course and crushed surfacing base course shall meet the requirements of Section 9-03.9(3) of the Standard Specifications. Bedding material shall consist of 5/8-inch minus crushed rock free of any deleterious substances (Section 9-03.1(5)A of the Standard Specifications). Requirements for signal equipment and materials are contained in Section 9-29 of the Standard Specifications and Section 9-29 of these Specifications. 8-20.2(1) Equipment List and Drawings The first paragraph is deleted and replaced with the following: (January 26, 2012 City of Federal Way) 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 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. Section 8-20.2(1) is supplemented with the following: (March 13, 1995 WSDOT GSP) Pole base to light source distances for lighting standards with pre-approved plans shall be as noted in the Plans. Pole base to light source distances for lighting standards without pre-approved plans will be furnished by the Engineer as part of the final approved shop drawings, prior to fabrication. (March 13, 1995 WSDOT GSP) Pole base to light source distances for lighting standards with pre-approved plans will be determined or verified by the Engineer at the request of the Contractor prior to fabrication. Pole base to light source distances for lighting standards without pre-approved plans and for combination traffic signal and lighting standards will be furnished by the Engineer as part of the final approved shop drawings prior to fabrication. (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-141 Shop drawing for signal standards and lighting standards shall be provided in an electronic format (AUTOCAD), as well as complying with Section 6-03.3(7). Manufacturer’s technical information shall be submitted for all poles, luminaires, wire, conduit, junction boxes, control equipment, cabinets, video detection system and all other items to be used on the Project. All approvals by the Engineer must be received by the Contractor before material will be allowed on the job site. Materials not approved will not be permitted on the job site. Final ground and roadway cross sections at the locations of the standards shall be submitted for approval along with the shop drawings. A material staging plan, should the Contractor propose Contracting Agency-owned property for staging areas, should be submitted before any materials are allowed on that site. Manufacturer's data for all materials proposed for use in the contract which require approval shall be submitted in one complete package. All shop drawings for luminaire poles shall be stamped by a State of Washington registered Civil or Structural Engineer. The Engineer shall have 14 calendar days to review information for each submittal that is made. The actual time required for approval is dependent upon the completeness and appropriateness of the Shop Drawings as submitted. Any deficiencies will require additional time for approval based on the degree of the deficiency and the additional review time required. If the Shop Drawings are returned to the Contractor to correct deficiencies, an additional 14 calendar days may be required for the approval process. Approval of shop drawings does not constitute final acceptance or guarantee of the material, but is solely to assist the Contractor in providing the specified materials. 8-20.3 Construction Requirements 8-20.3(1) General Section 8-20.3(1) is supplemented with the following: (*****) Signal System Power Changeover The Contractor shall provide a detailed work plan for the signal system power changeover to new electrical service to be approved by the Engineer. The changeover of the signal equipment shall commence after 8:30 AM and be completed by 2:30 PM on the same day. During changeover, traffic control shall be provided. The exact work plan and schedule for changeover shall be pre-approved by the Engineer. See Section 1-10 of these Special Provisions. (November 14, 2014 City of Federal Way) Delivery of Removed Items The Engineer shall decide the ownership of all salvaged signal materials. All salvaged signal materials not directed by the Engineer to remain property of the City shall become the property SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-142 of the Contractor, except the existing controller cabinet and all its contents shall remain as property of the City. Removed signal and electrical equipment which remains the property of the Contracting Agency shall be delivered to: King County Signal Shop Attn: Mark Parrett 155 Monroe Avenue NE Renton, Washington 98056 Phone: 206-396-3763 Forty eight (48) working hours advance notice shall be communicated to both the Engineer and the Signal Technician at the address listed above. Delivery shall occur during the hours of 8:00 a.m. to 2:00 p.m. Monday through Friday. Material will not be accepted without the required advance notice. Equipment damaged during removal or delivery shall be repaired or replaced to the Engineer's satisfaction at no cost to the Contracting Agency. The Contractor shall be responsible for unloading the equipment where directed by the Engineer at the delivery site. (*****) 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. Remove abandoned conduit encountered during excavation to the nearest outlets or as directed by the Engineer. 4. Remove foundations entirely, unless the Plans state otherwise. a. Backfill voids created by removal of foundations and junction boxes. b. Backfilling and compaction shall be performed in accordance with Section 2-19 09.3(1)E. (*****) Construction Core Installation The Contractor shall coordinate installation of construction core with Contracting Agency maintenance staff through the Engineer. The Contractor shall provide written notice to the Engineer, a minimum of seven working days in advance of proposed installation. The Contractor shall advise the Engineer in writing when construction cores are ready to be removed. (May 15, 2000 WSDOT NWR) Electrical Equipment Removals SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-143 Removals associated with the electrical system shall not be stockpiled within the job site without the Engineer's approval. 8-20.3(2) Excavating and Backfilling Section 8-20.3(2) is supplemented with the following: (January 8, 2013 City of Federal Way) The Contractor shall supply all trenching necessary for the complete and proper installation of the traffic signal system, interconnect conduit and wiring, and illumination system. Trenching shall conform to the following: 1. In paved areas, edges of the trench shall be sawcut the full depth of the pavement and sawcuts shall be parallel. All trenches for placement of conduit shall be straight and as narrow in width as practical to provide a minimum of pavement disturbance. The existing pavement shall be removed in an approved manner. The trench bottom shall be graded to provide a uniform grade. 2. Trenches located under existing traveled ways shall provide a minimum of 24 inches cover over conduits and shall be backfilled with 21 inches of controlled density fill, vibrated in place, followed by either 3 inches minimum of HMA Cl 1/2” PG 58 -22 , or a surface matching the existing pavement section, whichever is greatest. The asphalt concrete surface cuts shall be given a tack coat of asphalt emulsion (CSS-1) or approved equal immediately before resurfacing, applied to the entire edge and full depth of the pavement cut. Immediately after compacting the new asphalt surface to conform to the adjacent paved surface, all joints between new and original pavement shall be filled with joint sealant meeting the requirements of Section 9-04.2. 3. Trenches for Schedule 40 PVC conduits to be located within the right-of-way and outside the traveled way shall be backfilled with bedding material two inches (2 ) above and below the conduit, with the remaining depth of trench backfilled with native material. If the Engineer determines that the native material is unsuitable, Gravel Borrow shall be used. 4. When trenches are not to be placed under sidewalks or driveways, the backfill shall match the elevation of the surrounding ground, including a matching depth of top soil, mulch and/or sod if necessary to restore the trench area to its prior condition. 5. Contractor shall use joint trench where possible. Backfill shall be carefully placed so that the backfilling operation will not disturb the conduit in any way. The backfill shall be thoroughly mechanically tamped in eight-inch (8 ) layers with each layer compacted to ninety-five percent (95%) of maximum density in traveled ways, and ninety percent (90%) of maximum density elsewhere at optimum soil moisture content. Bank Run Gravel for Trench Backfill shall conform to Section 9-03.19 of the Standard Specifications. Gravel Backfill for Pipe Zone Bedding material shall conform to Section 9-03.12(3) of the Standard Specifications. All trenches shall be properly signed and/or barricaded to prevent injury to the public. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-144 All traffic control devices to be installed or maintained in accordance with Part VI of the Manual on Uniform Traffic Control Devices for Streets and Highways, latest edition, and as specified elsewhere in these Specifications. (******) Underground utilities of record are shown on the construction plans insofar as information is available. These, however, are shown for convenience only and the City assumes no responsibility for improper locations or failure to show utility locations on the construction plans. The location of existing underground utilities, when 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 be responsible for potholing for conflicts with underground utility locations prior to determining exact locations of signal and luminaire pole foundations, underground vaults and directional boring operations. Prior to construction, if any conflicts are expected, it shall be brought to the attention of the Engineer for resolution. Excavation for foundations shall be completed by vactor excavation. This excavation shall be incidental to the signal or illumination bid items. 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. If a conflict is identified, the Contractor shall contact the Engineer. The Contractor and City shall locate alternative locations for poles, cabinet, or junction boxes. The Contractor shall get approval from the Engineer prior to installation. The Contractor may consider changing depth or alignment of conduit to avoid utility conflicts. Before beginning any excavation work for foundations, vaults, junction boxes or conduit runs, the contractor shall confirm that the location proposed on the Contract Plans does not conflict with utility location markings placed on the surface by the various utility companies. If a conflict is identified, the following process shall be used to resolve the conflict: 1. Contact the Engineer and determine if there is an alternative location for the foundation, junction box, vault or conduit trench. 2. If an adequate alternate location is not obvious for the underground work, select a location that may be acceptable and pothole to determine the exact location of other utilities. Potholing must be approved by the Engineer. 3. If an adequate alternate alignment still cannot be identified following potholing operations, the pothole area should be restored and work in the area should stop until a new design can be developed. The Contractor shall not attempt to adjust the location of an existing utility unless specifically agreed to by the utility owner. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-145 8-20.3(4) Foundations Section 8-20.3(4) is supplemented with the following: (December 18, 2009 ******) The foundation for the controller and service cabinets shall conform to the detail on the Plans. Conduits shall be centered horizontally except service conduit, which shall be placed at the side of the power panel. Foundations for the streetlight poles shall conform to City of Federal Way Drawing Number 3-39 except that foundation depth shall be as noted on the Illumination Pole Schedule. Pole foundations within the sidewalk area shall be constructed in a single pour to the bottom of the cement concrete sidewalk. The sidewalk shall be constructed in a separate pour. Pole foundations not within the sidewalk area shall incorporate a 3-foot by 3-foot by 4-inch- thick cement concrete pad set flush with the adjacent ground. Where the pad abuts a sidewalk, the pad shall extend to the sidewalk and the top of the pad shall be flush with the sidewalk. A construction joint shall be provided between the two units. The void between the foundation and the pole flange shall be no larger than 4 inches and shall be completely filled around the conduit(s) with dry pack mortar and neatly troweled. A plastic drain, 1/2 inch diameter, shall be placed in the mortar to provide drainage from the interior of the pole to the exterior. The plastic drain pipe shall be neatly trimmed flush with the surfaces. Add the following new Section: 8-20.3(4)A Electrical Service Foundations (******) The electrical service foundation shall conform to the City of Federal Way’s Drawing No. 3-45. Exact dimensions shall be verified with the cabinet manufacturer prior to constructing foundation. Additionally, the pad mount shall conform to the following: 1. The spare conduit shall run to the nearest junction box as shown in the Plans. 2. Conduits shall be centered horizontally except service conduit which shall be placed at the corner of the base. 3. Pedestal shall be tapered from top to bottom at 1:10 on all four sides. 4. Conduits shall be placed in the front 1/3 of the foundation. Foundations constructed with conduits located within the three (3) inch cabinet mounting flange shall be removed and reconstructed. Modification of the three (3) inch cabinet mounting flange will not be accepted. Class 1 surface finish shall be applied to exposed surfaces of the electrical service cabinet foundation in accordance with the requirements of Section 6-02.3(14)A. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-146 8-20.3(5) Conduit 8-20.3(5)A General Section 8-20.3(5)A is supplemented with the following: (******) All conduit trenches shall be straight and as narrow in width as is practical to provide a minimum of pavement disturbance. When conduit risers are installed, they shall be attached to the pole every 4 feet and shall be equipped with weather heads. Conduit for the service wires between the Puget Sound Energy transformer vault and the service panel shall be schedule 80 PVC. All conduits shall be clearly labeled at each junction box, handhole, vault or other utility appurtenance. Labeling shall be permanent and shall consist of the owner/type name and a unique conduit number or color. The owner name shall be approved by the Engineer prior to starting work. The recommended owner/type abbreviations are: PSE – Puget Sound Energy CLINK – CenturyLink COMCAST(AT&T)/C – Cable COMCAST(AT&T)/F – Fiber SIC – City Signal Interconnect City Spare – City spares Cobra – COBRA luminaire system All conduit installed underground shall have polyethylene underground hazard marking tape, 6 inches wide, red, legend “Caution-Electric Line Buried Below,” placed approximately 12 inches above the conduit. 8-20.3(5)B Conduit Type Section 8-20.3(5)B is supplemented with the following: (******) All conduits under driveways and roadways shall be Schedule 80 polyvinyl chloride (PVC). 8-20.3(5)E Boring Section 8-20.3(5)E3 is supplemented with the following: (October 16, 2006 WSDOT NWR) Boring In addition to the requirements for boring with casing, the Contractor shall submit to the Engineer for approval a pit plan and a proposed method of boring that includes, but is not limited to, the following: 1) A pit plan depicting: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-147 a) Protection of traffic and pedestrians. b) The dimension of the pit. c) Shoring, bracing, struts, walers or sheet piles. d) Type of casing. 2) The proposed method of boring, including: a) The boring system. b) The support system. c) The support system under and at the bottom of the pit. The shoring and boring pit plan shall be prepared by and bear the seal and signature of a Washington State licensed Professional Civil Engineer. Commercial concrete meeting the requirements of Section 6-02.3(2)B may be used to seal the casing. 8-20.3(6) Junction 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. 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.) Mebac1 (their most aggressive surface) manufactured by IKG Industries 2.) SlipNOT Grade 3-coarse manufactured by W.S. Molnar Company. All streetlight junction boxes not placed in the sidewalk shall be placed immediately adjacent to a sidewalk or curb surrounded by concrete (or asphalt if adjacent to roadway) to prevent the box from lifting out of the dirt. All streetlight junction box lids shall be welded shut after final inspection and approval by King County. 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-148 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 J-40.30-01. Junction boxes shall be inscribed based upon system per WSDOT Standard Plan J-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. Fiber vaults shall be installed in accordance with the following: 1. All openings around conduits shall be sealed and filled with grout to prevent water and debris from entering the vaults or pull boxes. The grout shall meet the specifications of the fiber vault manufacturers. 2. Backfilling around the work shall not be allowed until the concrete or mortar has set. 3. Upon acceptance of work, fiber vaults shall be free of debris and ready for cable installation. All grounding requirements shall be met prior to cable installation. 4. Fiber vaults shall be adjusted to final grade using risers or rings manufactured by the fiber vault and pull box manufacturer. Fiber vaults with traffic bearing lids shall be raised to final grade using ring risers to raise the cover only. 5. Fiber vaults shall be installed at the approximate location shown in the Drawings. Final location to be approved by the Engineer. 6. All existing conduits will need to be open and exposed for access within the vault. Care shall be taken to identify which conduits have existing cables. All conduits will extend 2 inches within the vault walls. At the 2-inch mark the excess conduit on the existing structure will need to be removed and all cables exposed. 7. Once the conduits are located, excavate a hole large enough to install the fiber vault. The vault shall have a concrete floor as indicated on the Drawings. The floor shall be installed on 6 inches of crushed surfacing top course. If a fiber vault is installed outside a paved area, an asphalt pad shall be constructed surrounding the junction box. Ensure that the existing conduits are at a minimum of 4 inches above the top of the floor. 8-20.3(8) Wiring Section 8-20.3(8) is modified as follows: The following is inserted between the 3rd and 4th paragraph of this section: (March 6, 2012 City of Federal Way) Loop wires will be spliced to lead in wires at the junction box with an approved mastik tape, 3-M 06147, 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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-149 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. (March 6, 2012 City of Federal Way) The 8th paragraph of this section is deleted and replaced with the following: Fused quick disconnect kits shall be of the SEC type or equivalent. Underground illumination splices shall be epoxy or underground service buss/lighting connector kits. Installation shall conform to details in the Standard Plans. Section 8-20.3(8) is supplemented with the following: (March 6, 2012 City of Federal Way) 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. 10 AWG pole and bracket cable. (March 13, 1995 WSDOT NWR) Wire Splices All splices shall be made in the presence of the Engineer. (May 1, 2006 WSDOT NWR) Illumination Circuit Splices Temporary splices shall be the heat shrink type. 8-20.3(9) Bonding, Grounding Section 8-20.3(9) is supplemented with the following: (******) Contractor shall provide and install bonding and grounding wires as described in Standard Specifications and the National Electric Code for any new metallic junction boxes and any modified existing junction boxes. For the purposes of this section, a box shall be considered “modified” if new current-carrying conductors are installed, including low-voltage conductors. (March 13, 2012 City of Federal Way) 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-150 Ground rods shall be copper clad steel, ¾-inch in diameter by 10-feet long, connections shall be made with termite welds. (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(10) Service, Transformer, and Intelligent Transportation System (ITS) Cabinets Section 8-20.3(10) is supplemented with the following: (March 13, 2012 City of Federal Way) The Contractor shall apply for an electrical service connection with Puget Sound Energy and make arrangements for a new electrical service connection. The Engineer will approve Electrical Service Installations. The Contractor shall request the City of Federal Way Building Division to perform required inspections for service approval. Electrical service is detailed in the Plans. The Contractor shall notify the City of Federal Way inspector when the service is ready for connection. A two-circuit electrical service shall be used at 240/120 volts, 60 Hz AC. The underground electrical service shall be brought to the load center in conduit specified in the Plans. Wire sizes and conduit terminations between the load center and the connection location shall meet the requirements of PSE. The service shall be split in the load center into a 120-volt circuit for the signals and 240 volt for the illumination. When the service is to be provided from an overhead source, the Contractor shall provide conduit from the electrical service to ten feet up the power pole from which service is provided. Stand-off brackets 14 inches long shall be installed on the pole every ten feet. In addition, the Contractor shall provide service conductors from the electrical service to the top of the conduit on the power pole with 30 feet of service wire coiled at top and provide the local electrical utility with 30 feet of 2-inch conduit to make the connection. The Contractor shall be responsible for all coordination with PSE including connection to the transformer. Electrical service cabinet will be painted inside with white polyurethane or polyester urethane power coat in accordance with Section 6-07. Outside will be bare aluminum finish. The twist lock photocell shall be mounted on top of the luminaire closest to the electrical service. All circuit breakers shall be clearly marked or labeled. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-151 8-20.3(11) Testing Section 8-20.3(11) is supplemented with the following: (*****) After power switch over, the signal system shall be put into operation by King County personnel. The Contractor shall be present during the turn-on with adequate equipment to repair any deficiencies in operation. The Contractor shall notify King County five working days in advance of power switch over. 8-20.3(13) Illumination Systems Section 8-20.3(13) is supplemented with the following: (******) The existing signal pole mounted lighting system that is specified to remain shall remain operational throughout the duration of the Work except during signal power switch over. 8-20.3(13)A Light Standards The 8th paragraph of this section is deleted and replaced with the following: (March 15, 2012 City of Federal Way) All new and relocated metal light standards shall be numbered per City of Federal Way Development Standard Drawing number 3-39B. Section 8-20.3(13)A is supplemented with the following: (******) Each roadway luminaire shall be installed with a shorting cap on each individual luminaire fixture, except the roadway luminaire closest to the electrical service shall be installed with photocell. 8-20.3(13)C Luminaires Section 8-20.3(13)C is supplemented with the following: (******) All luminaires shall be provided with markers for positive identification of light source type and wattage. Markers shall conform to ANSI C136.15-2011 “American National Standard for Roadway and Area Lighting Equipment – Luminaire Field Identification” 8-20.3(14)C Induction Loop Vehicle Detectors Section 8-20.3(14)C is modified as follows: (December 18, 2009 City of Federal Way) Items 2 and the last two sentences of Item 4 are deleted. (December 18, 2009 City of Federal Way) Item no. 5 of this section is deleted and replaced with the following: 5. Each loop shall have 3 turns of loop wire. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-152 (December 18, 2009 City of Federal Way) 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 City of Federal Way) One-quarter-inch (1/4 ) 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. (******) Preformed loops shall not be permitted. Loop detectors shall be installed per WSDOT Standard Plan J-50.12 and J-50.15 (except as amended herein) and spacing shall be per City of Federal Way Standard Drawing No. 3-44. 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 permanent video detection prior to pavement or loop modifications. Coordinate permanent video detection with King County signal maintenance representative. 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. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-153 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 City of Federal Way) 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. 8-20.3(14)G Video Camera Detectors (December 18, 2009 City of Federal Way) The video camera shall be installed consistent with the manufacturer recommendations. Controller cabinet equipment shall be installed in the cabinet when cabinet testing is performed. (******) The Contractor shall furnish and install a complete and functioning permanent video detection system. The contractor shall furnish all associated wiring and controller equipment. Coordinate installation with the King County signal maintenance representative. Cameras shall be located approximately as noted on the Plans; however, the locations shall be field adjusted as directed by the Engineer and equipment manufacturer for maximum coverage. Cameras shall be mounted at a sufficient height to prevent occlusion from cross traffic. The Contractor shall notify the Engineer 48 hours in advance of changes that will require Contracting Agency staff to reprogram cameras. The Contractor shall be responsible for any damage to the video detection equipment. 8-20.3(17) “As Built” Plans Section 8-21.3(17) is deleted and replaced with the following: (******) Upon completion of the project, the Contractor shall furnish an “as-built” drawing of the project showing all signal heads, pole locations, detectors, junction boxes, illumination system showing luminaire locations, miscellaneous equipment, conductors, cable wires up to the cabinets, and with a special symbol identifying those items that have been changed from the SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-154 original contract drawings. All items shall be located to within one foot (1 ) horizontally and six inches (6 ) vertically above or below the finished surface grade. 8-20.3(18) Removal of Existing Electrical Equipment Add the following new Section: (******) Where noted on the Plans, existing signal equipment shall be removed by the Contractor. The Engineer shall decide the ownership of all salvaged signal equipment materials. All salvaged signal materials not directed by the Engineer to remain property of the City shall be the property of the Contractor. All other material removed shall become the property of the Contractor and shall be disposed of off-site at a legal disposal site. Where junction boxes are removed, the conduit and wire shall also be removed to the bottom of the trench and the resulting hole backfilled with gravel borrow meeting the requirements of Section 9-03.14(1), unless the Engineer has approved the use of native material. Removals associated with the electrical system shall not be stockpiled within the jobsite without the Engineer’s approval. 8-20.3(19) Signal Power Switch Over Add the following new Section: The existing signal power feeder shall be removed (existing power fed from Pacific Hwy S & S Dash Point Rd) and a new signal power feeder shall be installed per the Plans. The Contractor shall notify the City of Federal Way and King County a minimum of 2 weeks prior to signal power switch over. The power switch over shall occur during off peak hours. A uniformed police officer shall be required during the power switch over. 8-20.4 Measurement Section 8-20.4 is replaced with the following: (******) “Traffic Signal System Modification - _______, Complete”, and “Illumination System, ______ to ______, Complete” shall be per lump sum and no specific unit of measurement will apply, but measurement will be for the sum total of all items for a complete system to be furnished. 8-20.5 Payment Section 8-20.5 is deleted and replaced with the following: (******) Payment will be made in accordance with Section 1-09.1 for each of the following Bid Items: “Traffic Signal System Modifications (S Dash Point Road and Redondo Way S), Complete”; per lump sum. “Illumination System, Complete”; per lump sum. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-155 The lump sum price for “Traffic Signal System Modifications (S Dash Point Road and Redondo Way S), Complete” shall be measured per lump sum for the total of all items for a complete traffic signal system. All items and labor necessary to supply, install, battery backup system including cabinet and foundation, junction boxes, adjustment of existing junction boxes, conduits, wiring, signal downtime coordinaton, video detection system including cabinet equipment, vehicle detection loops and stub-outs, removal of existing loop detectors and wiring, excavation, removal of existing junction boxes, abandoning and capping conduit, excavation, trenching, backfilling and compacting, intercepting existing conduit, removal of existing conduit, rerouting and refeeding existing signal wiring and interconnect wiring, required testing, salvaging removed equipment, signal power switch over, signal coordination, electrical permits, as-built plans, and all other Work and materials as specified and shown in the Plans. “Illumination System, Complete” shall be measured per lump sum for the total of all items for complete illumination system. All items and labor necessary to supply, install, and test: electrical service system including cabinet and foundation, luminaire poles and arms, LED luminaires,excavation, foundations, conduit, wiring, junction boxes, connections with existing junction boxes, rerouting signal illumination wiring, trenching, backfilling and compacting, restoring facilities destroyed or damaged during construction, salvaging existing materials, removal of existing conduit and wiring, utility coordination, testing, as-built plans and all other components necessary to make a complete system shall be included within the lump sum measurement. Conduit trench excavation and backfill for the Traffic Signal System Modifications shall be installed in the same trench as the Illumination System where possible and no additional payment will be made for excavation or backfill where trenches for other Bid Items are already being excavated. Trench excavation and backfill outside of the Illumination System Trench shall be included in the respective intersection Traffic Signal System bid item and no additional payment shall be made. 8-21 PERMANENT SIGNING 8-21.1 Description Section 8-21.1 is deleted and replaced with the following: (March 13, 2012 ******) This work shall consist of furnishing and installing permanent signing, sign removal, sign relocation, and the project sign installation and removal, in accordance with the Plans, these Specifications, the Standard Plans, MUTCD, and the City of Federal Way Standard Details at the locations shown in the Plans or where designated by the Engineer. Signs to be removed as shown on the Plans, shall be returned to the Owner. 8-21.3 Construction Requirements 8-21.3(2) Placement of Signs Section 8-21.3(2) is supplemented with the following: (December 18, 2009 ******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-156 The City of Federal Way, 253-835-2744, shall be contacted within 2 working days of completion of the permanent signing installation to inspect, inventory, and log all new and relocated signs. Other Signs: Refer to the currently adopted version of the Manual on Uniform Traffic Control Devices (MUTCD) with Washington State Supplements. 8-21.4 Measurement Section 8-21.4 is deleted and replaced with the following: (December 18, 2009 ******) Permanent signing will be measured per lump sum for the total of all items for complete signage to be furnished and installed. Measurement will be for the sum total of all items including labor, materials, tools, and equipment necessary to the furnishing and installing permanent signing, sign removal, and sign relocation. Sign covering shall be incidental to other bid items and shall not be measured. 8-21.5 Payment (Special Provision) Section 8-21.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Permanent Signing”, per lump sum This work shall consist of furnishing and installing permanent signing, sign removal, sign relocation, and the project sign installations and removals, in accordance with the Plans, these Specifications, the Standard Plans, MUTCD, and the City of Federal Way Standard Details at the locations shown in the Plans or where designated by the Engineer. Signs to be removed as shown on the Plans, shall be returned to the Owner. 8-22 PAVEMENT MARKING 8-22.1 Description Section 8-22.1 is supplemented with the following: (December 18, 2009 ******) Pavement markings shall conform to City of Federal Way Standard Details. Profiled and plastic lines shall conform to the pattern as shown on WSDOT Standard Plan M-20.20-01. 8-22.2 Materials Section 8-22.2 Sentence #3 is deleted and replaced with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-157 (October 23, 2014 ******) Glass beads for Type A plastic shall be as recommended by the manufacturer. Section 8-22.2 is supplemented with the following: (October 23, 2014 ******) Glass beads for Type D plastic and Bonded Core Elements shall be as shown in Section 9- 34.4. 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 ******) Type D 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 Type D 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 ******) Glass beads shall be applied to Type D markings at a rate of eight (8) to ten (10) pounds per one hundred square feet. Bonded core elements shall be applied to Type D markings 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 (Special Provision) Section 8-22.3(6) is supplemented with the following: (December 13, 2012 City of Federal Way) As indicated on the plans, the Contractor shall remove existing pavement markings consisting of paint, plastic and raised pavement markings. 8-22.4 Measurement Section 8-22.4 is supplemented with the following: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-158 (December 13, 2012 ******) Measurement for the removal of all pavement markings will be per lump sum. 8-22.5 Payment (Special Provision) Section 8-22.5 is supplemented with the following: (******) Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: “Remove Pavement Markings”, per lump sum. “Paint Line”, per linear foot. “Painted Bicycle Lane Symbol”, per each. Removal of all pavement markings will not be measured and is considered included in the bid item Remove Pavement Markings as specified in Section 2-02. (******) 8-31 RESOLUTION OF UTILITY CONFLICTS (Special Provision) Section 8-31 is a new section: 8-31.1 Description This work involves the identification and resolution of utility conflicts not identified in the plans between proposed improvements and existing utilities. The Contracting Agency will pay these costs by force account if the work proves to be acceptable and the Contractor had performed the work with the authority of and due notice to the Engineer. 8-31.3 Construction Requirements The contracting agency may direct the Contractor to pothole existing utilities to verify the field location and depth. Potholing shall include excavation and backfilling of the existing utility, identification of the pipe or line size, material type and condition and the survey work to locate the facility horizontally and vertically. Survey information to be obtained shall include station and offset to center of utility and elevation at top of utility. Stations, offsets and elevations shall be to the nearest 0.1 foot unless greater accuracy is required. Potholes shall be backfilled with CSBC compacted to 95%, or with CDF, as directed by the Engineer. In areas subject to public traffic, the HMA patch shall match the depth of the surrounding pavement. In the event that a conflict arises between the proposed improvements and an existing utility, the Resolution of Utility Conflicts item will compensate the Contractor for standby time and additional work in the following manner: SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-159 1. Standby time resulting from existing utility conflicts a) Standby time is defined as time the Contractor is unable to proceed with progression of a specific work item (i.e. storm drainage, underground utility installation etc.) due to conflicts with existing facilities. However, payment for standby time shall be limited to: (1) For each agreed upon conflict, a maximum of four (4) hours of standby time will be paid for actual delay of labor and equipment due to a utility conflict. The Contractor shall be responsible to adjust his work schedule and/or reassign his work forces and equipment to other areas of work to minimize standby time. (2) If the conflict is resolved within one (1) hour of notification to the Engineer, no standby time will be paid. 2. Additional work required to resolve utility conflicts will be paid for at the bid unit prices for the associated work. Work that can be measured and paid for at the unit contract prices shall not be identified as force account work. This work includes but is not limited to: (1) Storm drainage manhole, pipe, vault, and conduit realignments of line and/or grade for the storm drain and undergrounding of overhead utilities, to avoid existing utility conflicts. (2) Additional storm drainage manholes, pipe, vaults, and conduit required by a change in alignment, and/or grade, not exceeding the limits set in section 1-04.4 of the Standard Specifications. 8-31.4 Vacant 8-31.5 Payment Payment will be made in accordance with Section 1-04.1 for the following bid items when included in the proposal: "Resolution of Utility Conflicts" will be paid by force account as provided in section 1-09.6. “Potholing”, will be paid by force account as provided in Section 1-09.6. All costs for resolving utility conflicts and potholing will be paid for by force account in accordance with section 1-09.6. To provide a common proposal for all bidders, the Contracting Agency has estimated the amount for “Resolution of Utility Conflicts” and “Potholing” and entered the amounts in the proposal to become a part of the total bid by the Contractor. Utility conflicts due to the Contractor’s actions or operations shall be resolved by the Contractor at no expense to the Contracting Agency. END OF DIVISION 8 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-160 DIVISION 9 MATERIALS 9-03 AGGREGATES 9-03.12 Gravel Backfill (Special Provision) (******) 9-03.12(6) Pit Run Sand Section 9-03.12(6) is a new section: Sieve Size Percent Passing 3/8” square 100 U.S. No. 4 90 Sand Equivalent 30 minimum 9-03.14(3) Common Borrow (Special Provision) Section 9-03.14(3) is modified with the following requirements: (******) Material from on-site excavations meeting the requirements for Common Borrow shall be used to the extent practicable. Material for common borrow shall consist of granular soil and/or aggregate which is free of trash, wood, debris, and other deleterious material. Common Borrow material shall be at the proper moisture content for compaction. This material is generally moisture sensitive. The natural moisture content shall range from not more than 1 percent wet of optimum to not more than 3 percent dry of optimum as determined in accordance with Section 2-03.3(14)D. The material shall not pump or yield under the weight of compaction equipment and construction traffic. The Contractor is responsible for protecting the material from excess moisture wherever/whenever possible. To the extend practicable, this material should be handled only during non-rainy periods and should be removed, hauled, placed, and compacted into final embankments without intermediate handling or stockpiling. Surfaces should be graded and sloped to drain and should not be left uncompacted. Common Borrow shall meet the following gradation limits: Sieve Size Percent Passing (by weight) 6” square 1 100 4” square 90 – 100 2” square 75 - 100 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-161 U.S. No. 4 50 - 80 U.S. No. 40 50 max. U.S. No 200 25 max. 1 For geosynthetic reinforced walls or slopes, 100percent passing 1¼-inch square sieve and 90 to 100 percent passing the 1-inch square sieve. Common Borrow shall contain sufficient fines for compaction and to bind the compacted soil mass together to form a stable surface when heavy construction equipment is operated on its surface. 9-13 RIPRAP, QUARRY SPALLS, SLOPE PROTECTION, AND ROCK FOR EROSION AND SCOUR PROTECTION AND ROCK WALLS Section 9-13 is supplemented with the following: 9-13.8 Rock Lining (******) Rock lining shall meet the following requirements for grading: Sieve Size Percent Passing 12” 100 8” 40 max. 2” 2 max. 9-14 EROSION CONTROL AND ROADSIDE PLANTING 9-14.1(1) Topsoil Type A Section 9-14.1(1) is supplemented with the following: (******) Topsoil Type A mix shall be 50% pure organic compost and 50% sand or sandy loam. The soil shall be high in organic content and compromised of fully composted and mature organic materials. Refer to Section 9-14.4(8) Compost of the Standard Specifications for compost requirements. No fresh sawdust or other fresh wood by-products shall be added to extend the volume after the composting process. Chemical and physical characteristic of Topsoil Type A shall comply with the following: Screen Size 7/16” Maximum SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-162 (Approximate Particle Size) Total Nitrogen 0.25% Minimum Organic Matter 10% Minimum pH Range 5.5 to 7.5 Conductivity 5 mmhos/cm Maximum The Contractor shall provide a complete analysis of Topsoil Type A with one cubic foot sample for review and approval. 9-14.2 Seed Section 9-14.2 is supplemented with the following: (******) The grass seed dealer shall mix the grass seed only. The Contractor shall furnish the Engineer with a dealer’s guaranteed statement of the composition, mixture, and the percentage of purity and germination of each variety. Hydroseed shall be composed of the following varieties mixed in the proportions indicated, or approved equal: Seeded Lawn Mix Name By Weight % Purity % Germination Tall Fescue/ Festuca arundinacea 40% 98% 90% Creeping Red Fescue/ Festuca rubra 25% 98% 90% Highland Colonial Bentgrass/ Agrostis capillaris var. ‘Highland’ 5% 98% 90% Perennial Rye/ Lolimum perenne (blend of two: ‘Fiesta II’, ‘Prelude II’, ‘Palmer II’, ‘Commander’ 30% 95% 90% Apply at manufacturer’s recommended rate. 9-14.3 Fertilizer Section 9-14.3 is supplemented with the following: (******) Fertilizer for trees shall be biodegradable fertilizer packets, 20-10-5. Apply per manufacturer’s recommendations. 9-14.4(3) Bark or Wood Chips Section 9-14.4(3) is supplemented with the following: (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-163 Bark mulch shall be medium grade composted ground fir or hemlock bark. The bark shall be uniform in color, free from weed seeds, sawdust and splinters. The mulch shall not contain resin, tannin, wood fiber or other compounds detrimental to plant life. The moisture content of bagged mulch shall no exceed 22%. The acceptable size range of bark mulch material is ½” to 1” with maximum of 20% passing the ½” screen. 9-14.6 Plant Materials 9-14.6(2) Quality Section 9-14.6(2) is supplemented with the following: (******) Plant material shall be free from disfiguring knots, swollen grafts, sunscale injuries, bark abrasions, evidence of improper pruning or other objectionable disfigurement. Potted and container stock shall be well rooted and vigorous enough to ensure survival and healthy growth. Shrubs shall have full foliage (not leggy). Container stock shall be grown in its delivery container for not less than six (6) months, but not for more than two (2) years. Root bound or broken containers will not be accepted. Bare root, liner and root stock with dried or shriveled roots from exposure will not be accepted. Trees will be provided with untapped, straight, single leaders, except for multiple stem (clump) trees. Trees shall have full crowns and balanced branching. Measurements, caliper, branching, grading, quality, balling and burlapping shall follow the Code of Standards of the American Associate of Nurserymen in the American Standard for Nursery Stock, ANSI 260.1, latest edition. Measurements shall be taken with all branches in their normal growing position. Plants shall not be pruned prior to delivery to site. 9-14.6(3) Handling and Shipping Section 9-14.6(3) is supplemented with the following: (******) All plant material shall be transported to planting locations with care to prevent damage. Tie back branches as necessary, and protect bark from chafing with burlap bags. Do not drag plant materials along ground without proper protection of roots and branches. Protect rootballs from environmental or mechanical damage and water as necessary to keep roots moist. Do not store plants for more than one week. 9-14.6(4) Tagging Section 9-14.6(4) is supplemented with the following: (******) All plant material except ground cover shall be legibly tagged. Tagging may be by species or variety with minimum of one tag per ten trees, shrubs, or vines. Remove all tagging prior to final acceptance. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-164 9-14.6(5) Inspection (Special Provision) Section 9-14.6(5) is supplemented with the following: (******) The Contracting Agency shall reserve the option of selecting and inspecting plant material at the nursery. The contractor shall provide the Contracting Agency with at least one week notice prior to preparing plants for shipping and delivery. The Contractor shall neither deliver to site nor install plant materials until authorized by the Contracting Agency. 9-14.6(7) Temporary Storage Section 9-14.6(7) is supplemented with the following: (******) Cold storage of plants shall not be permitted. If planting is delayed more than 24 hours after delivery, set balled and burlapped plants on the ground, well protected with soil or wet peat. Adequately cover all roots of bare root material with soil or wet peat. Protect rootballs from freezing, sun, drying winds or mechanical damage. Water as necessary until planted. Plants shall not be stored for more than one week. Longer storage period at project site will result in rejection of plant materials by the Contracting Agency. 9-14.6(8) Sod Section 9-14.6(8) is supplemented with the following: (******) Sod Lawn shall be three-way Tall Fescue Blend Sod, 33.33% Firecracker LS Tall Fescue, 33.33% Spyder LS Tall Fescue, 33.33% Raptor II Tall Fescue with degradable netting, or approved equal. 9-14.7 Stakes, Guys, and Wrapping Section 9-14.7 is supplemented with the following: (******) Stakes shall be BVC round tree stakes with Chainlock guying or Engineer accepted product. No wrapping required. 9-14.8 Tree Watering Bag System Add the following new section: (******) Tree Watering Bag System shall be 20-gallon, UV-stabilized, polyethylene slow release watering bag system for trees with side zipper opening and two water release points; size 30” tall x 18” wide, accommodates 1” to 4” caliper trees; color green. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-165 9-14.9 Root Barrier Add the following new section: (******) Root Barrier shall be 18-inch high, minimum thickness 0.090-inch, interlocking root barrier panels constructed of high-impact polypropylene with 1/2-inch reinforcing ribs. 9-15 IRRIGATION SYSTEM 9-15.1 Pipe, Tubing And Fittings Section 9-15.1 is supplemented with the following: (******) All pipe and tubing shall be PVC or approved equal. All fittings shall be Sch 80 PVC. All sleeving shall be Sch 40 PVC. 9-15.1(2) Polyvinyl Chloride Pipe And Fittings Section 9-15.1(2) is supplemented with the following: (******) PVC pipe shall be Schedule 40 PVC pipe for the main, laterals and sleeves (purple non- potable pipe for lateral and mainlines). 9-15.5 Valve Boxes And Protective Sleeves Section 9-15.5 is supplemented with the following: (******) Valve boxes for automatic control valve with extensions as necessary and bypass assemblies shall be grey flared box, HDPE construction with UV inhibitors, heavy duty seat collar, drop in locking, 17’L x 24” D x 12” W with green HDPE drop in locking lid. Valve boxes for quick coupler shall be light duty HDPE with UV inhibitors, 10” diameter flared box with bolt down cover. Valve boxes for Double Check Valve Assembly shall be grey heavy duty polymer concrete, top dimensions 25”L x 15-16”W and 24” D designed to withstand H-10 and H-20 loading in incidental and non-deliberate traffic areas. Valve box must be compliant with AASHTO H-10 Design Load; ASTM C 857-95 Design Load of A-8, 8,000lbs. Box shall be alkaline, acid and weather resistant, with flush locking polymer concrete cover. Verify size to fit Double Check Valve Assembly. 9-15.6 Gate Valves (Special Provision) Section 9-15.6 is supplemented with the following: (******) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-166 Gate valves shall be heavy duty cast brass body and heavy cast iron handwheel, suitable for residential or commercial potable water applications, with screwed bonnet, non-rising stem, solid wedge disc and integral seats. 9-15.8 Quick Coupling Equipment Section 9-15.8 is supplemented with the following: (******) Quick coupling valves shall be two piece brass body design, with corrosion resistant steel springs. The quick coupler shall be rated for 5 to 125psi, 10-125 GPM, with non-potable purple, locking, thermoplastic cover. 9-15.17 Electrical Wire And Splices Section 9-15.17 is supplemented with the following: (******) Electrical Wire shall be #14 UF wire. Direct bury splice kits shall be premium moisture-resistant connectors, max wire gauge 10AWG minimum wire gauge 18AWG, flame retardant. Conduit fittings for steel conduit shall be coated with galvanizing repair paint in the same manner as conduit couplings. Electroplated fittings are not allowed. Steel conduit entering concrete shall be wrapped in 2-inch-wide pipe wrap tape with a minimum 1-inch overlap for 12 inches on each side of the concrete face. Pipe wrap tape shall be installed per the manufacturer’s recommendations. Galvanizing repair paint requirements for conduit couplings shall also apply to end bushings. 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 ******) Type 2 raised pavement markers shall NOT be ceramic. 9-28 SIGNING MATERIALS AND FABRICATION 9-28.8 Sheet Aluminum Signs Section 9-28.8 table is deleted and replaced with the following: (January 8, 2013 ******) Maximum Dimension Blank Thickness Less than 30 inches 0.080 inches Greater than 30 inches, less than 48 inches 0.100 inches Greater than 48 inches 0.125 inches SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-167 Section 9-28.8 is supplemented with the following: (January 8, 2013 ******) All permanent signs shall be constructed from aluminum sign blanks unless otherwise approved by the Engineer. Sign-blank minimum thicknesses, based on maximum dimensions, shall be as follows: All D-3 street-name signs shall be constructed with 0.100-inch-thick blanks. The Contractor shall install permanent signs which meet or exceed the minimum reflectivity standards. All sign face sheeting shall be applied to sign blanks with pressure sensitive adhesives. 9-28.12 Reflective Sheeting (Special Provision) Section 9-28.12 is supplemented with the following: (******) All roadside mounted signs shall use High Intensity Encapsulated Lens sheeting. All mast arm mounted signs shall use type IX micro prismatic retroreflective sheeting. 9-28.14 Sign Support Structures Section 9-28.14 is supplemented with the following: (December 18, 2009 ******) Unless otherwise noted on the plans or approved by the engineer, all sign posts shall be timber sign posts. 9-28.14(1) Timber Sign Posts Section 9-28.14(1) is supplemented with the following: (December 18, 2009 ******) All ground-mounted sign posts shall use pressure treated hem-fir wood posts unless approved otherwise by the Engineer. All wood posts shall be buried a minimum of 30 inches below the finished ground line. Post backfill shall be compacted at several levels to minimize settling. All posts shall be two-way plumb. 9-28.14(2) Steel Structures and Posts Section 9-28.14(2) is supplemented with the following: (December 18, 2009 ******) Unless otherwise noted on the plans or approved by the engineer, all sign posts shall be timber sign posts. Approved Manufacturers for Steel Sign Supports The Standard Plans lists several steel sign support types. These supports are patented devices and many are sole-source. All of the sign support types listed below are acceptable when shown in the plans. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-168 Steel Sign Support Type Manufacturer Type TP-A & TP-B Transpo Industries, Inc. Type PL, PL-T & PL-U Northwest Pipe Co. Type AS Transpo Industries, Inc. Type AP Transpo Industries, Inc. Type ST 1, ST 2, ST 3, & ST 4 Ultimate Highway Products, Allied Tube & Conduit, Inc., Northwest Pipe, Inc. Type SB-1, SB-2, & SB-3 Ultimate Highway Products, Xcessories Squared Development and Manufacturing Incorporated,, Northwest Pipe, Inc. 9-29 ILLUMINATION, SIGNAL, ELECTRICAL 9-29.1 Conduit, Innerduct, and Outerduct Section 9-29.1 is supplemented with the following: (June 5, 2000 WSDOT NWR) Conduit Coatings Conduit fittings for steel conduit shall be coated with galvanizing repair paint in the same manner as conduit couplings. Electroplated fittings are not allowed. Steel conduit entering concrete shall be wrapped in 2-inch-wide pipe wrap tape with a minimum 1-inch overlap for 12 inches on each side of the concrete face. Pipe wrap tape shall be installed per the manufacturer’s recommendations. 9-29.1(1) Rigid Metal Conduit, Galvanized Steel Outerduct, and Fittings Section 9-29.1(1) is supplemented with the following: (August 10, 2009 WSDOT NWR) Conduit Sealing Mechanical plugs for cabinet conduit sealing shall be one of the following: 1. Tyco Electronics - TDUX 2. Jackmoon – Triplex Duct Plugs 3. O-Z Gedney – Conduit Sealing Bushings The mechanical plug shall withstand a minimum of 5 psi of pressure. 9-29.1(2) Rigid Metal Conduit Fittings and Appurtenances Section 9-29.1(2) is supplemented with the following: (August 10, 2009 WSDOT NWR) Conduit Coatings Electroplated couplings are not allowed. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-169 (March 4, 2009 WSDOT NWR) Surface Mounting Conduit Attachment Components Channel supports and all fastening hardware components shall be Type 304 stainless steel. 9-29.2 Junction Boxes, Cable Vaults and Pull Boxes 9-29.2(1)A Standard Duty Junction Boxes Section 9-29.2(1) is supplemented with the following: (January 7, 2013 WSDOT GSP) Concrete Junction Boxes Both the slip-resistant lid and slip-resistant frame shall be treated with Mebac#1 as manufactured by IKG industries, or SlipNOT Grade 3-coarse as manufactured by W.S. Molnar Co. Where the exposed portion of the frame is ½ inch wide or less the slip-resistant treatment may be omitted on that portion of the frame. The slip-resistant lid shall be identified with permanent marking on the underside indicating the type of surface treatment (“M1” for Mebac#1; or “S3” for SlipNOT Grade 3-coarse) and the year manufactured. The permanent marking shall be 1/8 inch line thickness formed with a stainless steel weld bead. 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). 9-29.6 Light and Signal Standards Section 9-29.6 is supplemented with the following: (December 18, 2009 City of Federal Way) Light Standards Light standards shall be tapered round aluminum tube C-wall alloy 6063 satin brushed finish with Davit bracket arm, as shown in Federal Way Standard Detail 3-39, except that luminaire mounting height shall be as shown on the Illumination Pole Schedule on the Plans. 9-29.7(2) Fused Quick-Disconnect Kits Delete the second paragraph and replace with the following: (******) Fuses shall be slow burn, rated 10 amps. Section 9-29.7(2) is supplemented with the following: (March 13, 2012 City of Federal Way) SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-170 Fused quick-disconnect kits shall be of the SEC type. Underground illumination splices shall be epoxy or underground service buss/light connector kits. Installation shall conform to details in the Standard Plans. 9-29.10(3) Vacant Section 9-29.10(3) is deleted and replaced with the following: 9-29.10(3) LED Roadway Luminaires (September 16, 2014 ******) All new roadway luminaire installations shall be LED luminaires unless the planned installation is a single luminaire neighboring a conventional HPS luminaire(s). The installation of a conventional HPS luminaire must be approved by the City Traffic Engineer. LED luminaires shall be furnished and installed by the Contractor. The units shall meet City standards for average maintained footcandles, uniformity ratio, mounting height, and distribution pattern as indicated in City of Federal Way Development Standard Drawings 3- 38 and 3-42. LED luminaires shall have a correlated color temperature (CCT) of 4000K +/- 300K. Final wattage and spacing shall be determined by a lighting design performed by a Licensed Engineer. The Contractor shall provide computer printouts of the systems for multiple roadway widths in order to substantiate the performance levels. (July 14, 2015 ******)Approved LED manufacturers for roadway luminaires are AEL, Cree, E-Lite Star, GE, and Leotek. Other manufacturers may be approved by the City Traffic Engineer. (March 15, 2012 City of Federal Way) Units shall incorporate the following features: 1. A housing capable of being mounted on a standard 2-inch roadway pole pipe tenon. 2. A housing manufactured from a die-cast low copper alloy aluminum designed to minimize corrosion. 3. Electrical components accessible through a swing-down entry door secured by a trigger latch or similar tool-less entry mechanism. 4. Resistance to vibration and impact. 5. Provisions for installing a photoelectric cell or shorting cap, whichever is required. 6. An LED light engine protected from the elements by a prismatic glass lens. 7. A thermal management system that promotes maximum air flow through the luminaire to ensure a minimum of 60,000 hours of operation at 25 degree centigrade with no appreciable loss of lumen output. 8. Protection against solar heating when not in operation. 9. Dark sky optics. 10. Glass tertiary optics that will not discolor or become brittle over time. 11. Sealed optics system rated for IP66 against water and dirt infiltration. 12. Surge protection module to protect the LED drivers, photo controls, transfer switches, and relays from electrical disturbances as defined by ANSI/IEEEC62.41, Category C. The unit shall be replaceable through the use of modular plug and wiring. 13. Solid state multi volt electrical drivers with a rated life of 50,000 hours. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-171 14. Electrical drivers mounted in a heat sink and located such that they are isolated from heating by the sun when not in use. 15. Photo control receptacle that is adjustable without tools and is designed to meet UI1598 specifications for wet operation. 9-29.11(2) Photoelectric Control Section 9-29.11(2) is supplemented with the following: (December 18, 2012 City of Federal Way) One photocell shall be installed for all luminaires in the same electrical service system. The photocell shall be located on the top of the luminaire closest to the electrical service. (******) All other luminaires shall have shorting caps installed. Add the following new Section: 9-29.18(3) Video Detection System (March 14, 2012 City of Federal Way) All video detection system items and materials furnished shall be new, unused, current production models installed and operational in a user environment and shall be items currently in distribution. The products shall have a proven record of field use at other installations for at least two (2) years of service not including prototype field trials prior to installation. Contractor shall provide Econolite AutoScope Solo Terra, or Trafficon or approved equal video detection system. Approved equal video detection systems shall meet the following: General The detection of vehicles passing through the field-of-view of an image sensor shall be made available to a large variety of end user applications as simple contact closure outputs that reflect the current real-time detector or alarm state (on/off) or as summary traffic statistics that are reported locally or remotely. The contact closure outputs shall be provided to a traffic signal controller and comply with the National Electrical Manufacturers Association (NEMA) type C or D detector rack file standards. The system architecture shall fully support Ethernet networking of system components through a variety of industry standard and commercially available infrastructures that are used in the traffic industry. The data communications shall support direct connect, modem and multi-drop interconnects. Simple, standard Ethernet wiring shall be supported to minimize overall system cost and improve reliability, utilizing existing infrastructure and ease of system installation and maintenance. Both streaming video and data communications shall be capable of being interconnected over long distance through fiber optic, microwave or other commonly used digital communications transport configurations. In terms of the software application side of the network, the system shall be integrated through a client-server relationship. A communications server application shall provide the data communications interface between as few as one to as many as hundreds of Machine Vision Processors (MVP) sensors (otherwise referred to as video detection cameras with built in SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-172 processors) and a number of client applications. The client applications shall either be hosted on the same PC as the communications server or may be distributed over a local area network of PC's using the industry standard TCP/IP network protocol. Multiple client applications shall execute simultaneously on the same host or multiple hosts, depending on the network configuration. Additionally, a web-browser interface shall allow use of industry standard internet web browsers to connect to MVP sensors for setup, maintenance and playing digital streaming video. System Hardware The video detection system hardware shall consist of the following components: 1. A color, 22x zoom Machine Vision Processor (MVP) sensor. 2. A modular cabinet interface unit. 3. A communication interface panel. 4. Surge suppresser/ lightning protection. 5. A portable color monitor to be permanently placed within the signal controller cabinet. 6. All other necessary equipment for setup, maintenance and operation of the video detection system including but not limited to programming device and specialty tools. The real-time performance shall be observed by viewing the video output from the sensor with overlaid flashing detectors to indicate current detection state (on/off). The MVP sensor shall be capable of optionally storing cumulative traffic statistics internally in non-volatile memory for later retrieval and analysis. The MVP shall communicate to the modular cabinet interface unit via the communications interface panel and the software applications using the industry standard TCP/IP network protocol. The MVP shall have a built-in, Ethernet-ready, Internet Protocol (IP) address and shall be addressable with no plug in devices or converters required. The MVP shall provide standard MPEG-4 streaming digital video. Achievable frame rates vary from 5 to 30 frames per second as a function of video quality and available bandwidth. The modular cabinet interface unit shall communicate directly with up to eight (8) MVP sensors and shall comply with form factor and electrical characteristics to plug directly into a NEMA type C or D detector rack providing up to thirty-two (32) inputs and sixty-four (64) outputs to a traffic signal controller. The communications interface panel shall provide four (4) sets of three (3) electrical terminations for three wire power cables for up to eight (8) MVP sensors that may be mounted on a pole or mast arm with a traffic signal cabinet or junction box. The communication interface panel shall provide high-energy transient protection to electrically protect the modular cabinet interface unit and connected MVP sensors. The communications interface panel shall provide single-point Ethernet connectivity via RJ45 connector for communication to and between the modular cabinet interface module and the MVP sensors. System Software The MVP sensor embedded software shall incorporate multiple applications that perform a variety of diagnostic, installation, fault tolerant operations, data communications, digital video streaming and vehicle detection processing. The detection shall be reliable, consistent and perform under all weather, lighting and traffic congestion levels. An embedded web server shall permit standard internet browsers to connect and perform basic configuration, maintenance and video streaming services. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-173 There shall be a suite of client applications that reside on the host client/server PC. The applications shall execute under Microsoft Windows 7, Vista or XP. Client applications shall include: 1. Master network browser: Learn a network of connected modular cabinet interface units and MVP sensors, display basic information and launch applications software to perform operations within that system of sensors. 2. Configuration setup: Create and modify detector configurations to be executed on the MVP sensor and the modular cabinet interface unit. 3. Operation log: Retrieve, display and save field hardware run-time operation logs of special events that have occurred. 4. Streaming video player: Play and record streaming video with flashing detector overlay. 5. Data retrieval: Fetch once or poll for traffic data and alarms and store on PC storage media. 6. Communications server: Provide fault-tolerant, real-time TCP/IP communications to/from all devices and client applications with full logging for systems integration. Machine Vision Processor (MVP) Sensor The MVP sensor shall be an integrated imaging color CCD array with zoom lens optics, high- speed, dual-core image processing hardware bundled into a sealed enclosure. The CCD array shall be directly controlled be the dual-core processor, thus providing high-quality video for detection that has virtually no noise to degrade detection performance. It shall be possible to zoom the lens as required for setup and operation. It shall provide JPEG video compression as well as standard MPEG-4 digital streaming video with flashing detector overlay. The MVP shall provide direct real-time iris and shutter speed control. The MVP image sensor shall be equipped with an integrated 22x zoom lens that can be changed using configuration computer software. The digital streaming video output and all data communications shall be transmitted over the three-wire power cable. The MVP sensor shall operate on 110/220 VAC, 50/60Hz at a maximum of 25 watts. The camera and processor electronics shall consume a maximum of 10 watts and the remaining 15 watts shall support an enclosure heater. Placement of detection zones shall be by means of a PC with a Windows 7, Vista or XP operating system with a keyboard and mouse. The detection zones shall be superimposed on images of the traffic scenes and viewable as such on the PC monitor. The detection zones shall be created by using a mouse to draw the detection zones on the PC monitor. Using the mouse and keyboard it shall be possible to place, size and orient detection zones to provide optimal road coverage for vehicle detection. It shall be possible to download detector configurations from the PC to the MVP sensor and cabinet interface module, to retrieve the detector configuration that is currently running in the MVP sensor and to back up detector configurations by saving them to a PC storage device. The video detection system shall optimally detect vehicle passage and presence when the MVP sensor is mounted thirty (30) feet or higher above the roadway, when the image sensor is adjacent to the desired coverage area and when the distance to the farthest detection zone locations are not greater than ten (10) times the mounting height of the MVP. The recommended deployment geometry for optimal detection also requires that there be an unobstructed view of each traveled lane where detection is required. Although optimal SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-174 detection may be obtained when the MVP is mounted directly above the traveled lanes, the MVP shall not be required to be directly over the roadway. The MVP shall be able to view either approaching or receding traffic or both in the same field of view. The preferred MVP sensor orientation shall be to view approaching traffic since there are more high contrast features on vehicles as viewed from the front rather than the rear. The MVP sensor placed at a mounting height that maximizes vehicle image occlusion shall be able to simultaneously monitor a maximum of six (6) traffic lanes when mounted at the road-side or up to eight (8) traffic lanes when mounted in the center with four lanes on each side. Modular Cabinet Interface Unit The modular cabinet interface unit shall provide the hardware and software means for up to eight (8) MVP sensors to communicate real-time detection states and alarms to a local traffic signal controller. It shall comply with the electrical and protocol specifications of the detector rack standards. The card shall have 1500 Vrms isolation between rack logic ground and street wiring. The modular cabinet interface unit shall be a simple interface card that plugs directly into a NEMA type C or D detector rack. The modular cabinet interface unit shall occupy only two (2) slots of the detector rack. The modular cabinet interface unit shall accept up to sixteen (16) phase inputs and shall provide up to twenty-four (24) detector outputs. Communications Interface Panel The communications interface panel shall support up to eight (8) MVP sensors and shall accept 110/220 VAC, 50/60 Hz Power. The communications interface panel shall provide predefined wire termination blocks for MVP sensor power connections, a Broadband-over- Power-Line (BPL) transceiver to support up to 10Mb/s interdevice communications, electrical surge protectors to isolate the modular cabinet interface unit and MVP sensors and an interface connector to cable directly to the modular cabinet interface unit. The communications interface panel shall provide power for up to eight (8) MVP sensors, taking local line voltage 110/220 VAC, 50/60 Hz and producing 110/220 VAC, 50/60 Hz, at about 30 watts to each MVP sensor. Two 1.25 amp SLO-BLO fuses shall protect the communications interface panel. Surge Suppressor An EDCO CX06-BNCY or approved equal transient surge suppressor shall be provided for each MVP sensor. Installation and Training The product supplier of the video detection system shall supervise the installation and the testing of the video equipment. A factory certified representative from the manufacturer shall be on-site during installation. The factory representative shall install, make fully operational, and test the system as indicated on the intersection drawings and this specification. One day of training shall be provided to personnel of the City of Federal Way and King County in the operation, set-up and maintenance of the video detection system. Instruction and materials shall be produced for a maximum of 7 persons and shall be conducted at the City of Federal Way City Hall or King County signal shop. Warranty SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-175 The video detection system shall be warranted against manufacturing defects in materials and workmanship. The video detection supplier shall provide all documentation necessary to maintain and operate the system. The supplier shall maintain a program for technical support and software updates following the expiration of the warranty period. 9-29.22 Battery Backup System (January 8, 2013 City of Federal Way) Tesco 22 battery backup system shall be provided to meet the following requirements: Enclosure Specifications Anodized aluminum weatherproof enclosures shall house BBS and batteries. Enclosures shall be TIG welded construction with welding materials specifically designed for the material to be welded. Enclosures shall have fully framed side hinged outer doors with swaged close tolerance sides for flush fit with drip lip and closed cell neoprene flange compressed gaskets. Front door on each enclosure shall incorporate a full-length piano hinge, pad-lockable draw latch (center area on door-latch side), a keyed Core lock, and a pad lockable welded-in place vandal-proof tab rated at 2000 lbs. There shall be no exposed nut, bolts, screws, rivets or other fasteners on the exterior of the enclosure. Maximum cabinet dimensions shall be 46” H x 20” W x 21.5” D. Maximum weight of main cabinet shall be 250 lbs with batteries. Maximum weight of auxiliary cabinet shall be 425 lbs with batteries. BBS shall be mounted in an interior tilt out housing with 800 lb rated stops. Battery connectors shall be Anderson Connectors with silver plated contacts. Batteries shall be installed in fixed position framed trays for seismic safety and be readily accessible for maintenance. Batteries shall be mounted allowing airflow front and back. Enclosure can include two transfer bypass switches, one for BBS bypass the second for auxiliary generator (optional). All switches must be panel mounted on interior dead front panel board. UV resistant plastic laminated nameplates shall identify all controls and major components. A plastic covered wiring diagram will be attached to the inside of the front door. All components shall be factory wired and conform to required NEMA, NEC, and UL standards. A chassis ground point shall be provided. Panel shall be UL 508 Industrial Control Panel rated. BBS Panel Minimum Features 1. System shall provide 700 watts of full control run time for four (4) hours. In addition the system shall provide six (6) to eight (8) hours of flash operation. 2. Auxiliary cabinet shall be provided and shall incorporate twelve (12) additionally supplied batteries. 3. BBS bypass and BBS isolation switch. 4. Deadfront safety panel board with all switches, indicating fuses, plugs, and isolation fuses for each battery pre-wired with phenolic nameplates. 5. All nameplates shall be screwed on phenolic engraved type. 6. All wire terminating lugs shall be full wrap around type. 7. All batteries shall be captive spaced from external captive sides in earthquake proof buckets. 8. Cabinet ventilation shall be by (qty. 2) 4” x ¼” louvers top and bottom with encapsulated bug screens, cleanable filters and a 100cfm fan to completely exchange air 25 time minimum per minute. 9. All DC terminals and connections shall incorporate safety covers such that the safety covers are in place for every normal maintenance mode. 10. Event Counters & Total Run Time Counter. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-176 11. A red LED indicator light shall be installed on the UPS cabinet facing in the direction of the intersection and viewable from the roadway. The indicator light shall not be installed on the top of the cabinet so as to be visible even during a significant snow event. The indicator light shall be installed in a manner to be activated only when the UPS units are operational and powering the intersection. BBS Unit Minimum Specifications BBS unit shall provide a true sine-wave output with minimum 1400 Volt-Amp continuous capacity. BBS must provide for utility service isolation when in operation. The minimum rating for wattage output will be 950 watts. The BBS shall be capable of running an intersection with LED lights (for Run Time consult manufacturer). The unit shall operate off-line, with transfer time of 2 ms or less, with battery condition indicator, with automatic test provisions, and with hot-swappable batteries (all batteries in system). BBS will automatically recharge batteries from full discharge to 95% capacity within 6 hours. BBS will provide on-line operation for a minimum input of 92 to 145 VAC, provide full load output of 120VAC – 10% / +4% at 60 Hz +/- 0.05% over a temperature range of -37° C (optional adder) to +74° C and be a UL Approved Design. For Safety and maintenance the BBS shall not exceed 28 pounds. The BBS unit will be delivered with maintenance manuals and schematic diagrams. BBS Unit Minimum Features 1. 1400VA 950 Watts, with quick make/break connectors and plugs. (Systems requiring hard wiring termination to/from the inverter are unacceptable). 2. Surge energy withstand 480 Joules, 6.5kA 3. Common mode clamping 0 ns < 5ns typical UL 1449 4. Conditioned power – Computer quality 5. Transient lighting protection – 160 Joules 6. Transfer to battery time – 2 ms 7. Retransfer to utility – 2 ms 8. Each battery shall be 24 volts @ 18 AH with heavy duty Anderson plugs and isolated fused (dead front panel mounted 30 amp) connections to the BBS for greater system reliability and ease of maintenance. Series wiring is unacceptable. 9. Fan cooling shall be fused for locked rotor current. 10. Cooling air shall be ducted to cool the front and back of each battery with air space on all four sides and top of battery. 11. BBS covers shall be 60% open on both sides to diminish the environmental effects of extreme temperatures. 12. Includes USB & RS232, DB9 Computer Interface Ports. 13. Low voltage safety design at 24v DC. (Higher voltage DC systems are unacceptable). BBS Communications Module All inverter connections shall be made without the use of tools. This includes: A/C-Input, A/C- Output, Normally-Open, and Normally-Closed programmable contacts. Smart Slot Relay I/O Module; Input #1 Turn the BBS on. Input #2 Turn the BBS off. Input #3 Start the BBS self-test. Input #4 Shut down the BBS (when on battery). Output #1 The BBS is on-battery (during a power failure, self-test or run time calibration). Output #2 BBS has a low battery – Programmable. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-177 Output #3 The protected load is not receiving power from the BBS. Output #4 Replace the BBS batteries. Output #5 The BBS is overloaded. Output #6 Any BBS fault or self-test failure. Batteries Batteries shall be maintenance-free, type AGM/VRLA (Absorbed Glass Mat / Valve Regulated Lead Acid), such as APC Smart-UPS RMXL. Batteries shall be independently pre-wired and individually fused. Batteries shall be furnished with heavy-duty 50 amp rated silver-plated Anderson Connectors. 100 Amp internal fuse by Battery supplier. Batteries shall be lightweight for personnel safety and protection plus ease of installation and maintenance. Batteries with a weight of over 26 lbs are not acceptable. Enclosure Temperature Compensation Operating temperature shall be a minimum -37° C to +74° C. Power System Analyzer and Conflict Resolution Module The system shall incorporate an integrated Power System Analyzer and Conflict Resolution Module. The Analyzer will evaluate and make limited adjustments to the incoming utility power and will automatically transfer load to the battery back-up power if utility power is lost. When utility power becomes available, the BBS will analyze the power to verify stability and return to normal operation. The system provides automatic BBS failure detection and automatically isolates the failed BBS and locks the unit on to utility power. Once the failure has been corrected, the system will return to the normal operation. Triple Bypass System For Offline BBS 1. Smart Power Analyzer with Conflict Monitor Isolation and Transfer Module (SPACT). 2. Power Conflict Monitor (PCM): The PCM monitors load bus power available continuously. If load bus power fails for 5ms the PCM will transfer and isolate the BBS and guarantee that commercial power will be locked on. 3. Watchdog Timer – Redundant 5 ms delay and hard transfer to utility power. 4. The outboard Smart Transfer Switch shall not interrupt the normal controller function. Transfer time shall be 2ms. 5. Onboard Smart I/O module will execute lockout of battery backup system upon Smart detection of any inverter BBS fault. If BBS resets itself, it will automatically be available for backup. 6. ON Inverter to timed relay for Full Time control of Output, 0 to 10 hours. Smart Battery Charger Shall charge from shut off discharge to 95% fully charged in less than 6 hours. Batteries shall be ambient enclosure compensated to less than 120°. The battery charger shall utilize Smart Cell Technology to extend battery life. Intelligent Battery Management The system shall regulate under and over voltages without switching to battery. A Battery Replacement Warning shall automatically perform a self-test every two weeks. This will issue an alert to the user if batteries are degrading before they wear out. Through software, or the push of a button, self-tests may be performed at anytime. The battery charging system SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-178 shall be microprocessor controlled to precisely charge batteries in less time than legacy BBS systems. Hot-swappable Battery Replacement A 60 second, user friendly, hot-swappable battery replacement system shall be provided to save the time and expense of returning the BBS to the factory for battery service and allows safe and easy replacement of batteries while the system is up and running. Replacement battery packs shall be shippable in a reusable box for convenient return of exhausted batteries to a recycling center. Testing Manufacturer shall provide a certified test letter for each UPS system certifying that the equipment passed all manufacturer performed testing per national codes and standards. Included Design Options 1. Automatic transfer switch (ATS) and Generator 30-amp external reverse service plug. 2. Keyed lock (Core or #2 Corbin) 3. Heater with thermostat 4. Two (2) conductor shielded cable to be installed between the signal controller cabinet and the UPS unit to enable signal flash operation following depletion of batteries to established minimum. Ten (10) feet of slack shall be provided within both signal cabinet and UPS cabinet. 9-29.24 Service Cabinets Section 9-29.24 is supplemented with the following: (December 18, 2009 City of Federal Way) The service cabinet shall be aluminum, and shall conform to Federal Way Drawing Number 3-45 included in the appendices of these Special Provisions. The unit shall be modified as necessary to meet all current requirements of the Department of Labor and Industries and Puget Sound Energy. The service cabinet shall be equipped with a lockable stainless steel handle and a three-point locking system. The service cabinet shall contain one (1) ground fault receptacle. Main breaker, branch breakers, and contactors shall be rated per the Breaker Schedule on the Plans. The service cabinet shall be equipped with a door-in-door, dead-front assembly, which shall prevent the exposure of circuit breakers and wiring. Wiring shall be arranged so that any piece of apparatus may be removed without disconnecting any wiring, except the lead to that piece of apparatus. All wiring shall be appropriately marked with a permanent, indelibly marked, clip- sleeve wire marker. All wiring shall conform to NEMA Class II C. The service cabinet shall be aluminum, and shall be Skyline Electric Type ES-2EU or approved equal with Underwriters Laboratory label on the panel boards. A copy of the wiring diagram shall be provided in a plastic holder mounted conveniently inside the service cabinet. Nameplates shall be provided for each control component and shall be embossed phenolic with white letters on black background. Nameplates shall be screw- fastened. SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-179 SECTION 9-34, PAVEMENT MARKING MATERIAL 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. 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 Passing (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 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-180 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 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). 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 Dry (ASTM E1710) 700 500 Wet recovery (ASTM E2177) 375 280 Wet continuous (ASTM E2176) 150 125 SPECIAL PROVISIONS City of Federal Way RFB 16-005 Sacajawea Middle School Safe Routes to School June 2016 Page SP-181 END OF DIVISION 9 APPENDIX A FHWA 1273 1 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with 2 the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this 3 contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. 4 a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. 5 b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 6 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. 7 III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and 8 mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. 9 c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. 10 b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, 11 after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and 12 individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal- aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 13 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual 14 was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and 15 (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 16 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 17 By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or 18 general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. * * * * * 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; 19 (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or 20 voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * 21 XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 22 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal-aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Amendment to Form FHWA 1273 Revised January 25, 2016 AMENDMENT REQUIRED CONTRACT PROVISIONS (Exclusive of Appalachian Contracts) FEDERAL-AID CONSTRUCTION CONTRACTS The Federal–Aid provisions are supplemented with the following: XII. Cargo Preference Act 1. U.S. Department of Transportation Federal Highway Administration memorandum dated December 11, 2015 requires that all federal-aid highway programs awarded after February 15, 2016 must comply with the Cargo Preference Act and its regulation of 46 CFR 381.7 (a)-(b). APPENDIX B PREVAILING WAGE RATES Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 1 Washington State Department of Labor and Industries Policy Statement (Regarding the Production of "Standard" or "Non-standard" Items) Below is the department's (State L&I's) list of criteria to be used in determining whether a prefabricated item is "standard" or "non-standard". For items not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to subcontractors, suppliers, manufacturers, and fabricators) to determine coverage under RCW 39.12. The production, in the State of Washington, of non-standard items is covered by RCW 39.12, and the production of standard items is not. The production of any item outside the State of Washington is not covered by RCW 39.12. 1. Is the item fabricated for a public works project? If not, it is not subject to RCW 39.12. If it is, go to question 2. 2. Is the item fabricated on the public works jobsite? If it is, the work is covered under RCW 39.12. If not, go to question 3. 3. Is the item fabricated in an assembly/fabrication plant set up for, and dedicated primarily to, the public works project? If it is, the work is covered by RCW 39.12. If not, go to question 4. 4. Does the item require any assembly, cutting, modification or other fabrication by the supplier? If not, the work is not covered by RCW 39.12. If yes, go to question 5. 5. Is the prefabricated item intended for the public works project typically an inventory item which could reasonably be sold on the general market? If not, the work is covered by RCW 39.12. If yes, go to question 6. 6. Does the specific prefabricated item, generally defined as standard, have any unusual characteristics such as shape, type of material, strength requirements, finish, etc? If yes, the work is covered under RCW 39.12. Any firm with questions regarding the policy, WSDOT's Predetermined List, or for determinations of covered and non-covered workers shall be directed to State L&I at (360) 902-5330. WSDOT's Predetermined List for Suppliers - Manufactures - Fabricator Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 2 Below is a list of potentially prefabricated items, originally furnished by WSDOT to Washington State Department of Labor and Industries, that may be considered non- standard and therefore covered by the prevailing wage law, RCW 39.12. Items marked with an X in the "YES" column should be considered to be non-standard and therefore covered by RCW 39.12. Items marked with an X in the "NO" column should be considered to be standard and therefore not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. ITEM DESCRIPTION YES NO 1. Metal rectangular frames, solid metal covers, herringbone grates, and bi-directional vaned grates for Catch Basin Types 1, 1L, 1P, and 2 and Concrete Inlets. See Std. Plans X 2. Metal circular frames (rings) and covers, circular grates, and prefabricated ladders for Manhole Types 1, 2, and 3, Drywell Types 1, 2, and 3 and Catch Basin Type 2. See Std. Plans X 3. Prefabricated steel grate supports and welded grates, metal frames and dual vaned grates, and Type 1, 2, and 3 structural tubing grates for Drop Inlets. See Std. Plans. X 4. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes smaller than 60 inch diameter. X 5. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes larger than 60 inch diameter. X 6. Corrugated Steel Pipe - Steel lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, 1 thru 5. X 7. Corrugated Aluminum Pipe - Aluminum lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, #5. X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 3 ITEM DESCRIPTION YES NO 8. Anchor Bolts & Nuts - Anchor Bolts and Nuts, for mounting sign structures, luminaries and other items, shall be made from commercial bolt stock. See Contract Plans and Std. Plans for size and material type. X 9. Aluminum Pedestrian Handrail - Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be in accordance with Section 9-28.14(3). X 10. Major Structural Steel Fabrication - Fabrication of major steel items such as trusses, beams, girders, etc., for bridges. X 11. Minor Structural Steel Fabrication - Fabrication of minor steel Items such as special hangers, brackets, access doors for structures, access ladders for irrigation boxes, bridge expansion joint systems, etc., involving welding, cutting, punching and/or boring of holes. See Contact Plans for item description and shop drawings. X 12. Aluminum Bridge Railing Type BP - Metal bridge railing conforming to the type and material specifications set forth in the Contract Plans. Welding of aluminum shall be in accordance with Section 9-28.14(3). X 13. Concrete Piling--Precast-Prestressed concrete piling for use as 55 and 70 ton concrete piling. Concrete to conform to Section 9-19.1 of Std. Spec.. X 14. Precast Manhole Types 1, 2, and 3 with cones, adjustment sections and flat top slabs. See Std. Plans. X 15. Precast Drywell Types 1, 2, and with cones and adjustment Sections. See Std. Plans. X 16. Precast Catch Basin - Catch Basin type 1, 1L, 1P, and 2 With adjustment sections. See Std. Plans. X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 4 ITEM DESCRIPTION YES NO 17. Precast Concrete Inlet - with adjustment sections, See Std. Plans X 18. Precast Drop Inlet Type 1 and 2 with metal grate supports. See Std. Plans. X 19. Precast Grate Inlet Type 2 with extension and top units. See Std. Plans X 20. Metal frames, vaned grates, and hoods for Combination Inlets. See Std. Plans X 21. Precast Concrete Utility Vaults - Precast Concrete utility vaults of various sizes. Used for in ground storage of utility facilities and controls. See Contract Plans for size and construction requirements. Shop drawings are to be provided for approval prior to casting X 22. Vault Risers - For use with Valve Vaults and Utilities X Vaults. X 23. Valve Vault - For use with underground utilities. See Contract Plans for details. X 24. Precast Concrete Barrier - Precast Concrete Barrier for use as new barrier or may also be used as Temporary Concrete Barrier. Only new state approved barrier may be used as permanent barrier. X 25. Reinforced Earth Wall Panels – Reinforced Earth Wall Panels in size and shape as shown in the Plans. Fabrication plant has annual approval for methods and materials to be used. See Shop Drawing. Fabrication at other locations may be approved, after facilities inspection, contact HQ. Lab. X 26. Precast Concrete Walls - Precast Concrete Walls - tilt-up wall panel in size and shape as shown in Plans. Fabrication plant has annual approval for methods and materials to be used X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 5 ITEM DESCRIPTION YES NO 27. Precast Railroad Crossings - Concrete Crossing Structure Slabs. X 28. 12, 18 and 26 inch Standard Precast Prestressed Girder – Standard Precast Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A X 29. Prestressed Concrete Girder Series 4-14 - Prestressed Concrete Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A . X 30. Prestressed Tri-Beam Girder - Prestressed Tri-Beam Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A X 31. Prestressed Precast Hollow-Core Slab – Precast Prestressed Hollow-core slab for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A. X 32. Prestressed-Bulb Tee Girder - Bulb Tee Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)A X 33. Monument Case and Cover See Std. Plan. X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 6 ITEM DESCRIPTION YES NO 34. Cantilever Sign Structure - Cantilever Sign Structure fabricated from steel tubing meeting AASHTO-M-183. See Std. Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. X 35. Mono-tube Sign Structures - Mono-tube Sign Bridge fabricated to details shown in the Plans. Shop drawings for approval are required prior to fabrication. X 36. Steel Sign Bridges - Steel Sign Bridges fabricated from steel tubing meeting AASHTO-M-138 for Aluminum Alloys. See Std. Plans, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. X 37. Steel Sign Post - Fabricated Steel Sign Posts as detailed in Std Plans. Shop drawings for approval are to be provided prior to fabrication X 38. Light Standard-Prestressed - Spun, prestressed, hollow concrete poles. X 39. Light Standards - Lighting Standards for use on highway illumination systems, poles to be fabricated to conform with methods and materials as specified on Std. Plans. See Specia Provisions for pre-approved drawings. X 40. Traffic Signal Standards - Traffic Signal Standards for use on highway and/or street signal systems. Standards to be fabricated to conform with methods and material as specified on Std. Plans. See Special Provisions for pre-approved drawings X 41. Precast Concrete Sloped Mountable Curb (Single and DualFaced) See Std. Plans. X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 7 ITEM DESCRIPTION YES NO 42. Traffic Signs - Prior to approval of a Fabricator of Traffic Signs, the sources of the following materials must be submitted and approved for reflective sheeting, legend material, and aluminum sheeting. NOTE: *** Fabrication inspection required. Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed X X Custom Message Std Signing Message 43. Cutting & bending reinforcing steel X 44. Guardrail components X X Custom End Sec Standard Sec 45. Aggregates/Concrete mixes Covered by WAC 296-127-018 46. Asphalt Covered by WAC 296-127-018 47. Fiber fabrics X 48. Electrical wiring/components X 49. treated or untreated timber pile X 50. Girder pads (elastomeric bearing) X 51. Standard Dimension lumber X 52. Irrigation components X Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 8 ITEM DESCRIPTION YES NO 53. Fencing materials X 54. Guide Posts X 55. Traffic Buttons X 56. Epoxy X 57. Cribbing X 58. Water distribution materials X 59. Steel "H" piles X 60. Steel pipe for concrete pile casings X 61. Steel pile tips, standard X 62. Steel pile tips, custom X Prefabricated items specifically produced for public works projects that are prefabricated in a county other than the county wherein the public works project is to be completed, the wage for the offsite prefabrication shall be the applicable prevailing wage for the county in which the actual prefabrication takes place. It is the manufacturer of the prefabricated product to verify that the correct county wage rates are applied to work they perform. See RCW 39.12.010 (The definition of "locality" in RCW 39.12.010(2) contains the phrase "wherein the physical work is being performed." The department interprets this phrase to mean the actual work site. Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 9 WSDOT's List of State Occupations not applicable to Heavy and Highway Construction Projects This project is subject to the state hourly minimum rates for wages and fringe benefits in the contract provisions, as provided by the state Department of Labor and Industries. The following list of occupations, is comprised of those occupations that are not n ormally used in the construction of heavy and highway projects. When considering job classifications for use and / or payment when bidding on, or building heavy and highway construction projects for, or administered by WSDOT, these Occupations will be excepted from the included "Washington State Prevailing Wage Rates For Public Work Contracts" documents.  Building Service Employees  Electrical Fixture Maintenance Workers  Electricians - Motor Shop  Heating Equipment Mechanics  Industrial Engine and Machine Mechanics  Industrial Power Vacuum Cleaners  Inspection, Cleaning, Sealing of Water Systems by Remote Control  Laborers - Underground Sewer & Water  Machinists (Hydroelectric Site Work)  Modular Buildings  Playground & Park Equipment Installers  Power Equipment Operators - Underground Sewer & Water  Residential *** ALL ASSOCIATED RATES ***  Sign Makers and Installers (Non-Electrical)  Sign Makers and Installers (Electrical)  Stage Rigging Mechanics (Non Structural) The following occupations may be used only as outlined in the preceding text concerning "WSDOT's list for Suppliers - Manufacturers - Fabricators"  Fabricated Precast Concrete Products  Metal Fabrication (In Shop) Definitions for the Scope of Work for prevailing wages may be found at the Washington State Department of Labor and Industries web site and in WAC Chapter 296-127. Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 10 Washington State Department of Labor and Industries Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) WAC 296-127-018 Agency filings affecting this section Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials. (1) The materials covered under this section include but are not limited to: Sand, gravel, crushed rock, concrete, asphalt, or other similar materials. (2) All workers, regardless of by whom employed, are subject to the provisions of chapter 39.12 RCW when they perform any or all of the following functions: (a) They deliver or discharge any of the above-listed materials to a public works project site: (i) At one or more point(s) directly upon the location where the material will be incorporated into the project; or (ii) At multiple points at the project; or (iii) Adjacent to the location and coordinated with the incorporation of those materials. (b) They wait at or near a public works project site to perform any tasks subject to this section of the rule. (c) They remove any materials from a public works construction site pursuant to contract requirements or specifications (e.g., excavated materials, materials from demolished structures, clean-up materials, etc.). (d) They work in a materials production facility (e.g., batch plant, borrow pit, rock quarry, etc.,) which is established for a public works project for the specific, but not necessarily exclusive, purpose of supplying materials for the project. (e) They deliver concrete to a public works site regardless of the method of incorporation. (f) They assist or participate in the incorporation of any materials into the public works project. Supplemental to Wage Rates 09/02/2015 Edition, Published August 3rd, 2015 11 (3) All travel time that relates to the work covered under subsection (2) of this section requires the payment of prevailing wages. Travel time includes time spent waiting to load, loading, transporting, waiting to unload, and delivering materials. Travel time would include all time spent in travel in support of a public works project whether the vehicle is empty or full. For example, travel time spent returning to a supply source to obtain another load of material for use on a public works site or returning to the public works site to obtain another load of excavated material is time spent in travel that is subject to prevailing wage. Travel to a supply source, including travel from a public works site, to obtain materials for use on a private project would not be travel subject to the prevailing wage. (4) Workers are not subject to the provisions of chapter 39.12 RCW when they deliver materials to a stockpile. (a) A "stockpile" is defined as materials delivered to a pile located away from the site of incorporation such that the stockpiled materials must be physically moved from the stockpile and transported to another location on the project site in order to be incorporated into the project. (b) A stockpile does not include any of the functions described in subsection (2)(a) through (f) of this section; nor does a stockpile include materials delivered or distributed to multiple locations upon the project site; nor does a stockpile include materials dumped at the place of incorporation, or adjacent to the location and coordinated with the incorporation. (5) The applicable prevailing wage rate shall be determined by the locality in which the work is performed. Workers subject to subsection (2)(d) of this section, who produce such materials at an off-site facility shall be paid the applicable prevailing wage rates for the county in which the off-site facility is located. Workers subject to subsection (2) of this section, who deliver such materials to a public works project site shall be paid the applicable prevailing wage rates for the county in which the public works project is located. [Statutory Authority: Chapter 39.12 RCW, RCW 43.22.051 and 43.22.270. 08 -24-101, § 296-127-018, filed 12/2/08, effective 1/2/09. Statutory Authority: Chapters 39.04 and 39.12 RCW and RCW 43.22.270. 92-01-104 and 92-08-101, § 296-127-018, filed 12/18/91 and 4/1/92, effective 8/31/92.] APPENDIX C WSDOT STANDARD PLANS APPENDIX D FEDERAL WAY STANDARD DETAILS APPENDIX E GEOTECHNICAL REPORT AND BORING LOGS R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA MIDDLE SCHOOL SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 ‡‡‡‡‡‡‡‡‡‡‡‡‡‡‡‡‡ ‡‡‡‡‡‡‡‡‡‡‡‡ DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA MIDDLE SCHOOL SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA MIDDLE SCHOOL SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 45211 WIL L I A M R . ED R A L I N 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BYAPPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 39324 J A N C I GANI K 6-1 - 2 0 1 6 DATENO.BYAPPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 39324 J A N C I GANI K 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By 6 01 2- - 016 SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA MIDDLE SCHOOL SACAJAWEA PARK SACAJAWEA PARK DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 SACAJAWEA PARK SACA J A W E A M I D D L E S C H O O L DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6 DATENO.BY APPR. DESIGNED BY CHECKED BY ENGINEERING MANAGER PROJECT MANAGER PROJECT ENGINEER REVISIONS DRAWN BY DATE FILENAME SHT OFKPG PROJECT No. DATE DATE DATE DATE DATE Approved By R EGIST E R E D N O T G N I HSAWFOETAT S ER N E P R F O E NNALIO E S IGS 49433 BRI A N D A N IEL C H A S E 6-1 - 2 0 1 6