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AG 16-116RETURN TO: PW ADMIN EXT: 2700 ID # go CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / T i� EIS 2. ORIGINATING STAFF PERSON: c r F N U yN }l 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 #): I b •- 11(0 Q l i l OTHER CHA N C1 E 012f) vZ Exr: 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: ).0 1 1 1 , pE 1)E sp? I At-) T M pr? T pap C1 I2f4 6. NAME OF CONTRACTOR: W . (4-Y14r1,1 04i or ) 1'17 c c c;b 1 ADDRESS: _ 0 . 12., L ■ r p I 11 TELEPHONE: '.Z 53- Sri I - 0001 E -MAIL: FAX: 253- '551- 00 S ' - S I G N A T U R E NAME: .j E FF c a . Y 3eon- TITLE: FP:7S 11>)✓ N T 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION L , INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS lj PROOF OF AUTHORITY TO SIGN lit REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # bril d: :L BL, EXP. 12/31 / UBI# 60o Al 24 , EXP. 7 / 31/ ( } 8. TERM: COMMENCEMENT DATE: Mar u 111 �C , ,2.Oi U COMPLETION DATE: MG�CY \ ? 1. 9. TOTAL COMPENSATION: w 1 �Q �..�' ar 6 (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, $ PAID BY: ❑ CONTRACTOR ❑ CITY "4 PURCHASING: PLEASE CHARGE TO: 50C • J.. L} OO • 14 g 14- ' G 3 ) 10. DOCUMENT / CONTRACT REVIEW -p PROJECT MANAGER Ny DIVISION MANAGER A DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING tSENT TO VENDOR/CONTRACTOR ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED INITIAL / DATE REVIEWED / I /Ai /it COMMITTEE APPROVAL DATE: DATE SENT: 42/ 0/ 1-7 ❑ LAW DEPT ❑ CHIEF OF STAFF o SIGNATORY (MAYOR 'CITY CLERK SSIGNED AG # SIGNED COPY RETURNED TURN ONE ORIGINAL COMMENTS: EXECUTE " 'ON ORIGINALS INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: AG# - I([ -11(1 DATE SENT: D2 -i ? -17 DATE REC'D: I a 1 /1-7 1/15 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #16 -116 3 PROJECT CHANGE ORDER NUMBER NUMBER January 30, 2017 EFFECTIVE DATE 2016 Pedestrian Improvement Program R. W. Scott Construction PROJECT TITLE CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order No. 3 is to change the contract completion date from December 31, 2016 to March 31, 2017; however, all work from contract shall be completed within the original 50 working days. The time provided for completion in the Contract is Unchanged ( I Increased Ifl Decreased by 50 Working 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? If "Yes" Will the Policies Be Extended? ® Yes ( ( No Z Yes (l No 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. DEPARTMENT RECAP TO DATE: *Adjustments: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT TRACTOR'S - SIGNATURE Marwan Salloum, P. E. Public Works Director City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -16 $ 522,225.00 $ 1,782.62 $0 $ 524,007.62 Page 1 Date 7- 2ZP -2ofl RFB # 16 -116 2016 RETURN TO: PW ADMIN EXT: 2700 ID #�(� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT /DIV: PUBLIC WORKS /� 2. ORIGINATING STAFF PERSON: = t H Q >,, t4 I'l EXT: % ( 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE: ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) L�Q PUBLIC WORKS CONTRACT ❑ ❑ PROFESSIONAL SERVICE AGREEMENT ❑ ❑ GOODS AND SERVICE AGREEMENT ❑ ❑ REAL ESTATE DOCUMENT ❑ ❑ ORDINANCE ❑ ❑ CONTRACT AMENDMENT (AG #): I ; •- I r ❑ h OTHER C1-1AN(-iir. SMALL OR LIMITED PUBLIC WORKS CONTRACT MAINTENANCE AGREEMENT HUMAN SERVICES / CDBG SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) RESOLUTION INTERLOCAL 5. PROJECT NAME: Q � ;N �. `QTR, I A I`�i i"�i }il*Rt C,I'1�1 =1�''1 �. #.1'ii 1�Sfvv� C.i�L`gI`+�AM 6. NAME OF CONTRACTOR: .717)1' 1 ✓A e Y - -h ,EL OE: �S? '� C:�1 ADDRESS: ikk .)L)-j -dY �CI"Tti, s1 r ✓ A. AL E -MAIL: FAX: s SIGNATURE NAME: TITLE: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION V INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS bi PROOF OF AUTHORITY TO SIGN t� REQUIRED LICENSES ❑ PRIOR CCJN•IRAC'I' /AMENDMENTS CFW LICENSE # IBC 1(i BI_, EXP. 12/31 /2GQ-, UBI # 6.0 ,)-- -j &I Lk L , LXP. -7/ 1 / 8. TERM: COMMENCEMENT DATE: A'L1 (2. 2U1� COMPLETION DATE: 9. TOTAL COMPENSATION: tF2-4/ 0077-- 62 1�0 2 h, N,2. `PA(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, $ PAID BY: ❑ CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: .'a C )b ° 144bb' 1 -7 7 ' 6' U- ° 10. DOCUMENT/ CONTRACT REVIEW ,,PROJECT MANAGER DIVISION MANAGER DEPUTY DIRECTOR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) Yj LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) INI IAI_ / DATE.. REVIEWF I b f �2oId I` f �f t7 COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING L11) I`�o A SENT TO VENDOR/CONTRACTOR DATE SENT:I� DATE REC'D: J22 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK VAss IGNEDAG # SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: - - - - -- 1. A ^ - - - - - - -- INITIAL/ DATE SIGNED 1/15 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #16 -116 2 PROJECT CHANGE ORDER NUMBER NUMBER 2016 . Pedestrian Im12rovement Program PROJECT TITLE December 16, 201 6. EFFECTIVE DATE R. W. Scott Construction. CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order No. 2 is to provide for the cost to perform restoration behind the sidewalks and curb ramps under Schedules A, C, E, F, G, and H. There was no restoration bid item for these bid schedules in the contract. In addition, this change order pays to provide temporary ADA access at the Schedule C location. The added work will be paid for under Force Account work and based on material, equipment and laborers' hourly rates, and overhead costs (see attachments). Item Description Quantity Unit Unit Price Total Bid FA #1 Restoration Behind Curb Rams 1 LS $342.60 $342.60 FA #2 Reopen PVR Sidewalks During Holidays 1 LS $104.47 $104.47 FA #3 1 Restoration Behind Curb Rams 1 LS $286.83 $286.83 FA #4 Restoration Behind Curb Rams 1 LS $1,048.72 $1,048.72 Change Order #2 Total = $1,782.62 The total contract amount increased by the change order is $1,782.62. The changes included in this change order will not affect the critical path schedule for this project; therefore, no working days will be added to the project per this change order. The time provided for completion in the Contract is ® Unchanged ❑ Increased ❑ Decreased by 50 Working 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 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. City of Federal Way RFB # 16 -116 2016 Pedestrian Improvement Program Page 1 2016 RFB ver. 4 -16 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT rte+ Marwan loum, P. E. Public Worl4s Director *Adjustments: $ 522225.00 $Q $1,782.62 $ 524 007.62 /2 - Zl -/ Date Date City of Federal Way RFB # 16 -116 2016 Pedestrian Improvement Program Page 2 2016 RFB ver. 4 -16 RETURN TO: PW ADMIN EXT: 2700 ID # Zale9 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 571:1-r"5 2. ORIGINATING STAFF PERSON: v F filkak4 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): t 4 V.t' OTHER �DhIS"1UC,TLD1� K1�TA11�1i{G-1 RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL (- W f4c-I T EXT: 2:-/a a 1 3. DATE REQ. BY: 5. PROJECT NAME: 2b 1V 1ET 1PkttJ 1MiIwVMY-NIT R- 6. NAME OF CONTRACTOR: 1"LIN . s./ r (TO • ' C,1 10'v & vt? ADDRESS:'%0 WET E -MAIL. SIGNATURE NAME: Z? 5 ga.11 S el ' M 1% i 5w-rr TELEPH,ONE:l0 04 'b00 I FAX:ZI . '351 ''0r05S TITLI 2 t VE1 1 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 UBI #4G�DO ZR82'�2. , EXP. 7 /?j (/ 1 "j CFW LICENSE # DU) (01-43 Z BL, EXP. 12/3I/ (L 8. TERM: COMMENCEMENT DATE: COMPLETION DATE: I2 /3 if 9. TOTAL COMPENSATION: $ ) YA (IF CALCULATED ON HOURL LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY (INCLUDE EXPENSES AND SALES TAX, IF ANY) IS SALES TAX OWED: ❑ YES ❑ PURCHASING: PLEASE CHARGE To: IA) A-- 10. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER X DIVISION MANAGER X DEPUTY DIRECTOR 'fK, DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) `z LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING INITIAL DATE REVIEWED COMMITTEE APPROVAL DATE: p SENT TO VENDOR/CONTRACTOR DATE SENT: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS IN IAL / DATE SIGNED 1 II I XLAW DEPT ' x CHIEF OF STAFF it r' SIGNATORY (MAYOR OR DIRECTOR) CITY CLERK ASSIGNED AG # ❑ SIGNED COPY RETURNED *RETURN RETURN GWE- ORIGINALS COMMENTS: IWO 2 EXECUTE J.. O DATE SENT: 11-ID '1(l INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: ORIGINALS Tip 1e, . - Z.A'Ul i a 1 A MI/NI Not (k tri-eiV4 DATE RECD: 1/15 igkii CITY OF CITY HALL ,...Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway. com CONSTRUCTION RETAINAGE ESCROW AGREEMENT FOR 2016 PEDESTRIAN IMPROVEMENT PROGRAM AG# 16 -116 TO: KEYBANK N.A.: Janice Rindfleisch 1 East Main Street, Suite 190 Auburn, WA 98002 (253) 833 -8622 (telephone) (253) 804 -0390 (facsimile) janice_e_rindfleish@keybank.com Federal Tax ID: 91- 1038390 R.W. SCOTT CONSTRUCTION COMPANY: Jeffery Scott, President 4005 West Valley Hwy N, Suite A Auburn, WA 98001 (253) 351 -0001 (telephone) (252) 351 -0055 (facsimile) jeffscott@rwscottconstruction.com CITY OF FEDERAL WAY: Jeff Huynh, Street Systems Engineer 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -2721 (telephone) (253) 835 -2709 (facsimile) jeff.huynh @cityoffederalway.com 1. GENERAL. Pursuant to Chapter 60.28.011 of the Revised Code of Washington, relating to the retained percentage of construction contractor payments, the undersigned, R.W. Scott Construction Company, hereinafter referred to as the Contractor, has directed the City of Federal Way, hereinafter referred to as the City, to deliver to you its warrants or checks which shall be payable to the you and the contractor jointly. Such warrants or checks are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. 2. INSTRUCTIONS. 2.1 The City shall deliver to you from time to time checks or warrants payable jointly to you and the Contractor. You are hereby authorized by the Contractor to endorse in the Contractor's name any such check or warrant so that you may receive the proceeds thereof and invest the same. The power of endorsement hereby granted to you by the Contractor shall be deemed a power couple with an interest and shall be irrevocable during the term of this escrow. Although you may be a payee named in such warrants or checks as shall be delivered to you, your duties and responsibilities which a depository bank would have pursuant to Article 4 of the Uniform Commercial Code of the State of Washington for an item deposited with it for collection as of the date such check or warrant shall be delivered to you. The proceeds from collections shall be used by you to purchase, as directed by the Contractor, bonds or other securities chosen by the Contractor and approved by you, and the City. For the purpose of each such purchase, you may follow the last written direction received by you from the Contractor, provided such direction otherwise conforms to the restrictions on investments recited herein. Attached is a list of such bonds or other securities approved by the City. No further approval is necessary if any of these bonds or securities, except stocks, may be selected by the Contractor, subject to express written approval of you and the City. Purchase of such bonds or other securities shall be in a form that shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the City as provided in paragraph 4 of this Escrow Agreement. The investments selected by the Contractor, approved by the City, and purchased by you must mature on or prior to the date set for the completion of the contract, including extensions thereof or thirty days following the final acceptance of said improvement work. 2.2 When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the Contractor at its address, designated below, unless with your written consent the Contractor otherwise directs you in writing. CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 1 - 8/2016 CIT OF ''.... FeY deral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffeder©lway, com You are not authorized to deliver to the Contractor all or any part of the principal and/or securities held by you pursuant to the agreement (or any monies derived from the sale of such warrants or checks) except in accordance with written instructions from the City. The City shall inform you and keep you informed in writing of the name of the person or persons with authority to give you such written instructions. Compliance with such instructions shall relieve you of any further liability related thereto. The estimated completion date on the contract underlying this Escrow Agreement is December 31, 2016. Upon request by you, the City shall advise you in writing of any change in the estimated completion date. If the estimated completion date is changed, you are authorized to reinvest the monies held hereunder in accordance with the new estimated completion date. 2.3 In the event the City orders you to do so in writing, and not withstanding any other provisions of this agreement, you shall, within thirty -five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other monies, including accrued interest on such securities, held by you hereunder, to the City. 2.4 The Contractor agrees to pay you as compensation for your services hereunder as follows: Payment of all fees relating to this account shall be the sole responsibility of the Contractor and shall not be deducted from any property placed with you pursuant to this agreement until and unless the City directs the release to the Contractor of the securities and monies held hereunder, whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees and any unanticipated amounts which might be owing as provided for herein. In the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any services not provided for in these instructions, or that there is any assignment of the interests of this escrow of any modifications hereof, you shall be entitled to reasonable compensation for such extraordinary services from the Contractor and reimbursement from the Contractor for all costs and expenses, including attorney fees occasioned by such default, delay, controversy, or litigation. 2.5 Should you at any time and for any reason desire to be relieved of your obligations as escrow holder hereunder, you shall give written notice to the City and Contractor. The City and Contractor shall, within twenty (20) days of the receipt of such notice, jointly appoint a successor escrow holder and instruct you to deliver all securities and funds held hereunder to said successor. If you are not notified of the appointment of the successor escrow holder within 20 days, you may return the subject matter hereof to the City and upon so doing, you are absolved from all further charges and obligations in connection with this escrow. 2.6 This agreement shall not be binding until executed by the Contractor and the City and accepted by you. 2.7 This instrument contains the entire agreement between you, the Contractor and the City, with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter, nor be bound by nor be required to give notice or demand, nor required to take any action whatsoever except as herein expressly provided; you shall not be liable for any loss or damage except that caused by your own negligence or willful misconduct. 2.8 The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs of the parties hereto. The Original Contract Value (including WSST) is $522,225.00, Five Hundred Twenty -Two Thousand Two Hundred Twenty -Five and 00 /100. The Original Retainage Value at 5.0 percent of above is $26,111.25, Twenty -Six Thousand One Hundred Eleven and 25/100. NOTE: These values are subject to change. 2.9 The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this agreement on this day of , 2016. [Signature page follows] CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 2 - 8/2016 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 www cityoflederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY KEYB By: I/ Print Title: d NK, N.A.: Ljt nicQ ncku -L\\A & L' tam DATE: f- O / (p STATE OF WASHINGTON ) ss. COUNTY OF /e/M6 ) ATTEST: ie Courtney, CMC, Ci APPROVED AS TO FORM: City Attorney A c At erk On this day personally appeared before me LTIAll s- R/'`i'�1-(27 ( -IL; 46. me known to be the p-rz_ dx/A �— /,'A "�'� of /'' that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the usesst4nd purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument aid that the,.se51 affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this KIRK J LANTIER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES OCTOBER 13, 2020 day of Notary's signature Notary's printed name ilYa4W Ac' c>C7 -CicYL , 20 r_ j 4ti774-7?„ Notary Public in and for the State of Washington. My commission expires Cc Vic?./ - Zd Z� CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 3 - 8/2016 Q � CYOF : .� CITY Federal Way sA.W_ � 0 ....... ' '1/ R.W. SCOTT CONSTRUCTION COMPAN By: Jeffery Scott, President DATE: /eD/2 7 //A STATE OF WASH TON ) ) ss. COUNTY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com On this day personally appeared before me Jeffery Scott, to me known to be the President of R.W. Scott Construction Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the co •or. e seal of said corporatign. GIVEN my hand and official seal thisol 7 Y of •� t►t /if�, Notary's signature Notary's printed name \<1LUNG 84, S NOTARY `�► PUBLIC ,o ,,, Or wp Notary Public in and for e State f W hin on. My commission expires 02 1,5"" CONSTRUCTION RETAINAGE ESCROW AGREEMENT - 4 - 10/2016 RETURN TO: PW ADMIN EXT: 2700 ID #2,6178 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 6-riZ ET 2. ORIGINATING STAFF PERSON: &ISFF H UY N 3-1 EXT: 21;2 I 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 4 PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE Xi CONTRACT AMENDMENT (AG #): 1(0— H (o Q. OTHER ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: :,() I(o P t) ESTIQ. I A NI ZM pRvsIE M ENI Prat) G, KAHN 6. NAME OF CONTRACTOR: N _ W. <e -tt Off n = c f 6Yl rttikt ff ADDRESS: - . ■► � 1 .� i : DIbITELEPHONE: 263 35- I— 066 E -MAIL: nn�� FAX: 25?) - '�'� - O0S5 SIGNATURE NAME: TTt(�./'� ,S(' 7 TITLE: - e5fCXnt- 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 #0(91026 32. BL, EXP. 12/31/ 11A 8. TERM: COMMENCEMENT DATE:_ 8/1-4/1(4) 9. TOTAL COMPENSATION: $ 5 Q;Z 215. . ( () (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, $ PAID BY: ❑ CONTRACTOR ❑ CITY UBI # L900 298292- ,, EXP.. % /31/ 17 COMPLETION DATE: 1 /g I (INCLUDE EXPENSES AND SALES TAX, IF ANY) ❑ PURCHASING: PLEASE CHARGE TO: J 010 - fit-oC • 17B • Sq5 • (2I+ . (0 30 10. DOCUMENT / CONTRACT REVIEW PROJECT MANAGER 1 , DIVISION MANAGER la DEPUTY DIRECTOR IR DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW DEPT INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING I n0,py�/�/y, A j SENT TO VENDOR/CONTRACTOR DATE SENT: [ I I ji C 1 Iai ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPT ❑ CHIEF OF STAFF SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK XASSIGNED AG # A SIGNED COPY RETURNED ❑ RETURN ONE ORIGINAL COMMENTS: EXECUTE "Z " ORIGINALS � fe„iL c . - ('e Vd4 P AG# I 114 DATE DATE SENT: 11" 10 " I�p DATE REC'D: 1 /15 CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT AG #16 -116 1 PROJECT CHANGE ORDER NUMBER NUMBER 2016 Pedestrian Improvement Program PROJECT TITLE CONTRACTOR October 28, 2016 EFFECTIVE DATE R. W. Scott Construction SUMMARY OF PROPOSED CHANGES: This Change Order No. 1 is to change the contract completion date from October 31, 2016 to December 31, 2016; however, all work from contract shall complete within the original 50 working days. The time provided for completion in the Contract is ® Unchanged ❑ Increased Decreased by 50 Working 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? If "Yes" Will the Policies Be Extended? ® Yes ❑ No ® Yes ❑ No STATEM ENT: 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. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER NEW CONTRACT AMOUNT CONT OR'S SIG ATURE Jrt Marwan Sallo , P. E. Public Works ' rector City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -16 Page 1 Date *Adjustments: $ 522,225.00 $0 $0 $ 522,225.00 14- RFB #16 -116 2016 RETURN TO: v C f eied Vz EXT: CITY OF FEDE WAY LAW DEPARTMEN�IZOUTING FORM 1. ORIGINATING DEPT/DIV: PUBLIC WORKS / 2. ORIGINATING STAFF PERSON '1 1 V1 V X1.1 1' 1 EXT: —7 r 3. DATE REQ. BY: 2 4. TYPE OF DOCUMENT (CHECK ONE): CONTRACTOR SELECTION DOCUMENT (E.G. 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 #): ❑ INTERLOCAL ❑ OTHER 2 076 P eS 7 . -4,1i7 cea-i 2T �/4-7 6. NAME OF CONTRACTOR: C!»1 ' U ' . / I I lP • ADDRESS. i/ r • _' • �, S . �• ..' . AS, g 1 TELEPHONE: 2S � - 35 i - cc 1 E -MAIL: _ FAX: SIGNATURE NAME: 'C4 \ 1 SciAlr TITLE: 5l' 5. PROJECT NAME: 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION A. INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS PROOF OF AUTHOR Y TO SIGN . REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE #11011:11.332 BL, EXP. 12/31/ ((7 UBI , EXP. 7 131 111 8. TERM: COMMENCEMENT DATE: Vt) -lX -/ D r� 9. TOTAL COMPENSATION: $ 52-2, G7h, ct COMPLETION DATE: O ,+o be 31, 2t l p (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES NNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES ❑ NO IF •IF YES, $mss i n (4°50 PAID BY: CONTRACTOR ❑ CITY PURCHASING: PLEASE CHARGE TO: 001.0 • 0O • 1- - �-1 c5 . -acs- 10. DOCUMENT / CONTRACT REVIEW INITIAL / DATE REVIEWED C D INITIAL / DATE ' PP OVED PROJECT MANAGER DIVISION MANAGER ❑ DEPUTY DIRECTOR iciDIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) 4/21- `15 I'AW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) "Paarr&Mreigr 678.// COMMITTEE APPROVAL DATE: { ({ t COUNCIL APPROVAL DATE: J It LP 12. CONTRACT SIGNATURE ROUTING (� / X SENT TO VENDOR/CONTRACTOR DATE S J4T: U` �j I� ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS LAW DEPT CHIEF OF STAFF SIGNATORY (MAYOR ofiZiR£C19R) ❑ CITY CLERK ASSIGNED AG # �GlNED COPY TURNED 1� RETURN�F RIGINAL COMMENTS: /` EXECUTE " ORIGINALS AG# �' - V DATE SENT: it- COMPLETION t- DATE RECD: 5117 tit 1/15 2016 Pedestrian Improvement Program RFB 16 -002 Addendum No. 1 July 21, 2016 ATTENTION: All Bidders and Planholders You are hereby notified that in Addendum No. 1, the Bid and Contract Documents are amended as follows: A. PLANS 1. Sheet 12 of 12, BEACON, SIGN, CURB & WALL DETAILS. DELETE this sheet and REPLACE with the attached revised Sheet 12 of 12. The minimum wattage for the solar panel in figure 5 on this sheet has been modified to 45W. B. BID OPENING The bid opening date has not changed. All bidders are required to acknowledge receipt of this addendum on page 24 of the Bid Form. Failure to do so may cause rejection of the bid. CITY OF FEDERAL WAY Erik Preston, P.E. Senior Traffic Engineer Page l of 1 City of Federal Way 2016 Pedestrian Improvement Program Addendum No. 1 July 21, 2016 LIMITS OF THICKENED EDGE SIDEWALK N 4 0 f� a V' V N. P ✓ O < 4 O M T coai *U, v M v + + + + d z Z Z m S W a5 °o U CO CO CC f,0 2 < J 0 z J 2Q w 0 'w^ w w z w 0 S 1- H J J U. z J J Y U O J CO Q J 0 2 Z 813 .,Z MODULAR BLOCK WALL COURSES N 0 O CX v ar Y at < < ar v v of Oi N O a ca N at' N a' co a, O O N M M M M M r7 Y O 4 Y t 4 N (n N N N y(�JIWW ce ce cc cc 0000088888 U U U U U z z z z Z U U U U U CJ CS FS 8 (J O O O O m M M m m W W W W W CO CC gX ga W X, ftve 8'13 „Z r I di LJ.. 0 1 N to Lo 0 Z W N yp �<a a:O CL ',50:.-Lie y�j a a] .- a' W< g▪ z5a �M _ 0 == a W "',¢ s ▪ oM V p N O Y W O U m z wa Om ta --J3 ,a,a.< d� 6 a N Z Xgx; 3 . V i7¢ = Q F m ;;;52g:4 0 R ZC Q 6 S W = q Z Wm 0 b, U F ..,, < Z ceOW 0Zp Z Y a. 't- ZWaaom W W W J U . N M f u-i SIN31N3JIf103a VOV a3d 3ONVaV313 0'L - J t— w z 0 0 z 0 W w -J 0 a z 0 0 w m z_ 2 N - J Ur 0 a ce cc - J z 0 re ma o ztYS7a' m "'v`=ZZ % a X w¢ 0 < x q < 0 o („7 01 <..00 <o� Oz U 2,6= 3 - $ 03 CD M U N z W -J N W J m 2 W N N Z 0 wW m ' 0 z_ 0) J U- 0 tr J a 1— W o, LZ SIGN, CURB & WALL DETAILS DETAILS - SHEET 1 zf <0 O O- w wz 0w C.0 1-±-1 > m OOL.i cr a INSTALLATIONS BY DATE APP DESCRIPTION La DATE 06 30.2016 MI NM — r I• N• M-- r• MI M• SO S i BID AND CONTRACT DOCUMENTS AND SPECIFICATIONS Veis 2016 PEDESTRIAN IMPROVEMENT PROGRAM RFB # 16 -002 Bids Accepted Until 11:00 a.m., July 22, 2016 Bids Opened 11:10 a.m., July 22, 2016 AT: City of Federal Way Hylebos Room 33325 Eighth Avenue South Federal Way, WA 98003 Prepared By: Erik Preston, P.E. Public Works Department CITY OF FEDERAL WAY, WASHINGTON City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 2 2016 RFB ver. 4 -15 TABLE OF CONTENTS PAGE PUBLIC NOTICE — REQUEST FOR BIDS .......................................... ............................... BIDDER'S CHECKLIST .................................................................... ............................... SECTION 1: INSTRUCTIONS TO BIDDERS ...................................... ............................... SECTION 2: GENERAL CONTRACTUAL TERMS AND CONDITIONS .. ............................... NO BID RESPONSE FORM (Attachment A) ..................................... ............................... BIDFORM (Attachment B) ............................................................. ............................... BID SCHEDULE (Attachment C) ..................................................... ............................... BID SIGNATURE PAGE (Attachment D) .......................................... ............................... BID BOND FORM (Attachment E) ................................................... ............................... SUBCONTRACTOR LIST (Attachment F) ......................................... ............................... COMBINED AFFIDAVIT AND CERTIFICATION FORM (Attachment G) ........................... CONTRACTOR'S COMPLIANCE STATEMENT (Attachment H) .......... ............................... PUBLIC WORKS CONTRACT (Attachment I) ................................... ............................... (with Exhibits A -H and Appendixes as attached) Exhibit A Notice of Completion Exhibit B Contract Change Order Agreement Exhibit C Contractor's Retainage Agreement Exhibit D Retainage Bond to the City of Federal Way Exhibit E Notice to Labor Unions of Other Employment Organizations Nondiscrimination in Employment Exhibit F Certificate(s) of Insurance Exhibit G Performance/ Payment Bond Exhibit H Title VI Assurances SPECIAL PROVISIONS ............................................... ............................... BLUE PAGES STANDARD PLANS AND DETAILS (APPENDIX A) .... ............................... WHITE PAGES PREVAILING WAGES AND BENEFIT CODE KEY (APPENDIX B) ............... GREEN PAGES City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 3 2016 RFB ver. 4 -15 CITY OF FEDERAL WAY REQUEST FOR BIDS 2016 PEDESTRIAN IMPROVEMENT PROGRAM RFB # 16 -002 SUBMITTAL OF SEALED BIDS: Notice is hereby given that the City of Federal Way, Washington, will receive sealed bids through July 22, 2016, at 11:00 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 11:00 a.m. on said date will not be considered. BID OPENING: All bids will be opened and read publicly aloud at 11:10 a.m. on FRIDAY, July 22, 2016 in the Hylebos Room, 33325 8th Avenue South, Federal Way, Washington, for this RFB. All bid proposals shall be accompanied by a bid deposit by a cashier's or certified check, or Bid Bond in an amount equal to five percent (5 %) of the amount of such bid proposal. Should the successful bidder fail to enter into a contract and furnish satisfactory Performance Bond within the time stated in the specifications, the bid deposit or bond shall be forfeited to the City of Federal Way. DESCRIPTION OF WORK: This project shall consist of: The Work to be performed under this Contract consists of furnishing materials, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), and performing all Work as required by the Contract in accordance with the Contract Documents, all of which are made a part hereof. This project provides for the construction, sequencing and traffic control of improvements to certain streets, shoulders and sidewalks in eight (8) locations within the City of Federal Way as listed below and in the following pages. The project includes, but is not limited to the furnishing and installation of specialty signage, bases, poles and standard signage poles and bases, removal and installation of concrete sidewalks, curbs, and asphalt pavement, installation of ADA accessible ramps with detectable warning strips, installation of pedestrian refuge islands with detectable warning strips as detailed, pavement markings, sign removals and relocations, and all items necessary to complete the work described in the contract documents. Work will be conducted at eight (8) locations in the City of Federal Way as shown on the plans, vicinity map, and as noted below. Schedule A: Military Rd S / S 282nd St Schedule B: SW 312th St west of 4th Ave SW Schedule C: Pete Von Riechbauer Way S north of S 318th PI Schedule D: S 320th St west of 5th Ave S Schedule E: SW 320th St west of 6th Ave SW Schedule F: SW 320th St east of 18th Ave SW Schedule G: 21st Ave SW south of SW 322nd PI Schedule H: 21st Ave SW north of SW 330th St City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 4 2016 RFB ver. 4 -15 The Contractor shall not open any new crosswalks to the public at any location that has a two -way left -turn lane until the installation of Specialty Signs, Poles, Bases, and all facilities are completely operational. The Contractor shall install methods of closure of the crossings and maintain the closure of the crossings until crossings are fully operational. The Contractor shall complete all work within 50 working days. The bidder is urged to check the plans and contract provisions carefully. All bid proposals shall be in accordance with the Instructions to Bidders and all other contract documents now on file in the Purchasing Office of the City of Federal Way. Bid documents may be obtained from the Purchasing Department at (253) 835 -2526. Any questions concerning the description of the work contained in the contract documents must be directed to Erik Preston P.E., Senior Traffic Engineer, by facsimile at (253) 835 -2744, or by letter addressed to Erik Preston P.E., Senior Traffic 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. 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. Regardless of the date of award or Notice to Proceed, the Contractor must complete all work under this project by October 31, 2016. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 5 2016 RFB ver. 4 -15 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 after the hour set for the opening thereof unless the award is delayed for a period exceeding thirty (30) days. Dated the 5th day of Jam, 2016. Dates of Publication: Daily Journal of Commerce: July 6, 2016 July 13, 2016 Federal Way Mirror: July 8, 2016 July 15, 2016 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 6 2016 RFB ver. 4 -15 BIDDER'S CHECKLIST The bidder's attention is especially called to the following forms, which must be executed in full as required and submitted as part of the bid. Failure to comply shall result in rejection of any bid not so complying. ❑ Bid Form (Attachment B) The Bid Form shall be completed and fully executed, including filling in the total bid amount. ❑ Bid Schedule (Attachment C) The unit prices shall be set forth in the space provided. ❑ Bid Signature Page (Attachment D) The Bid Signature Page shall be filled in and fully executed by the bidder. ❑ Bid Bond Form (Attachment E) This form is to be executed by the bidder and the surety company unless a certified check is submitted with the bid. The amount of this bond or certified check shall not be less than five percent (5 %) of the total bid amount and shall be shown in both words and figures. ❑ Subcontractor List (Attachment F) The Subcontractor List shall be filled in by the bidder. (This section may /may not apply) ❑ Combined Affidavit and Certification Form (Attachment G) This form must be subscribed to and sworn before a Notary Public and notarized. ❑ Contractor's Compliance Statement (Attachment H) The Contractor's Compliance Statement shall be filled in and fully executed by the bidder. ❑ Contractor's Certificate of Registration The bidder shall provide a copy of Contractor's current registration with the State of Washington. ❑ Contractor's State Identification Numbers The bidder shall provide a copy of Contractor's current state unified business identifier number and, as applicable, an employment security department number and state excise tax registration number. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 7 2016 RFB ver. 4 -15 SUCCESSFUL BIDDER'S CHECKLIST The following documents are to be executed and delivered to the City within ten (10) calendar days after the Bid is awarded: ❑ Public Works Contract (Attachment I) The successful bidder will fully execute and deliver to the City the 2016 Pedestrian Improvement Program Public Works Contract ("Contract ") from these Bid Documents. ❑ Contractor's Retainage Agreement or Retainage Bond (Exhibit C or D) The successful bidder will fully execute and deliver to the City the Contractor's Retainage Agreement or Retainage Bond. ❑ Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment (Exhibit E) If this applies, the successful bidder will sign and post copies of this Notice in conspicuous places available to employees or applicant for employment. ❑ Certificate of Insurance (Exhibit F) The successful bidder will provide a Certificate of Insurance evidencing the insurance requirement set forth in the Contract. ❑ Performance/ Payment Bond (Exhibit G) The successful bidder will provide a fully executed Performance/ Payment Bond as appropriate. ❑ Business License The successful bidder will provide a copy of a current Business License with the City of Federal Way. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 8 2016 RFB ver. 4 -15 SECTION 1: INSTRUCTIONS TO BIDDERS 1 -1 Time and Place for Submission and Opening of Bids Sealed bids must be submitted by 11:00 a.m. local time on Friday, July 22, 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 Eighth Avenue S, Federal Way, Washington, 98003 -6325, and will be publicly opened and read aloud in City Hall Council Chambers on Friday, July 22, 2016 at 11:00 a.m. local time. The City's Purchasing Coordinator must receive the sealed bid before the time and date specified in order to be considered. Telex or facsimile bids will not be accepted. The bidder accepts all risks of late delivery of mailed bids or of misdelivery regardless of fault. Late bids will be returned unopened. If, after reviewing this document the bidder chooses not to submit a bid, the bidder may complete and return the "No Bid Response Form" provided as Attachment "A" by the date and time indicated above. 1 -2 Bid Form Bids shall be made on the "Bid Form" (Attachment "B ") issued by the City as part of these contract documents, without reservation or amendment. Bids must be typewritten or printed in ink. Upon completion, the Bid Form and the bid bond or certified check and any requested information shall be placed in a sealed envelope. On the outside of the envelope, place the bid name, bid number and the time bids are due. 1 -3 Bid Signature All bids shall give the total bid price and shall be signed in ink by the bidder or their authorized representative, with the address. If the bid is made by an individual, the name, signature, and address must be shown. If the bid is made by a firm or partnership, the name and address of the firm or partnership and the signature of at least one of the general partners must be shown. If the bid is made by a corporation, the bid shall show the title of the person authorized to sign on behalf of the corporation, his or her title and the address. The City reserves the right to request documentation showing the authority of the individual signing the bid to execute contracts on behalf of anyone, or any entity, other than himself /herself. Refusal to provide such information upon request may cause the bid to be rejected as nonresponsive. 1 -4 Bid Withdrawal Due to Error Bids may not be withdrawn due to a claim of error in a bid unless written notice of such claim and supporting evidence for such claim including cost breakdown sheets are delivered to the City within forty-eight (48) hours prior to the opening of bids. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 9 2016 RFB ver. 4 -15 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 delivered to the Purchasing Coordinator of the City at the address indicated in Section 1 -1, at least ten (10) days before the date announced for opening the bids. Any interpretation deemed necessary by the City will be in the form of an addendum to the bid documents and when issued will be sent as promptly as is practical to all parties to whom the bid documents have been issued. All such addenda shall become part of the bid. 1 -8 Addenda Each bid shall include acknowledgment of receipt and review of all addenda issued during the bidding period on the Bid Form. 1 -9 Bid Price The bid price shall include everything necessary for the completion of the contract including, but not limited to, furnishing all materials, equipment, tools, freight charges, facilities and all management, superintendence, labor and service, except as may be provided otherwise in the contract documents. All Washington State sales tax and all other government taxes, assessments and charges shall be included in the various Bid item prices as required by law. The offer shall remain in effect ninety (90) days after the bid opening. In the event of a discrepancy between a unit price and an extended amount and /or the total price, the unit price will govern and the extended amount and /or total price will be corrected accordingly; however, downward correction of a bid, which would displace the apparent low bidder, will only be permitted if the error made and the intended bid price can be determined solely from the bid documents. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 10 2016 RFB ver. 4 -15 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. 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 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 11 2016 RFB ver. 4 -15 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: 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. As evidence that the bidder meets the supplemental bidder responsibility criteria in paragraph (B)(2) above, the apparent low bidder must submit the following documentation to the City within 48 hours of the bid opening. The City reserves the right to request such documentation from other bidders also. Refusal to provide such information upon request may cause the bid to be rejected. a. The bidder shall submit a list of the public works projects completed within the previous three years and include for each project the following information; the owner and contact information for the owner; a list of claims filed against the retainage, payment, or performance bond for any of the projects listed; a written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. b. The bidder shall submit a list of projects of similar size and scope to this project and include information about each project, including the following: the owner and contact information for the owner; the awarded contract amount; the final contract amount; a description of the scope of the project and how the project is similar to this project; the bidder's assessment of its performance of each project. The information should include any information City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 12 2016 RFB ver. 4 -15 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. 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. AttachmentA— No Bid Response Form, if applicable. B. Attachment B— Bid Form. C. Attachment C— Bid Schedule. D. AttachmentD— Bid Signature Page. E. Attachment E— Bid Bond Form. F. Attachment F— Subcontractor List. (May Not Apply) City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 13 2016 RFB ver. 4 -15 G. Attachment G— Combined Affidavit and Certification Form. H. Attachment H— Contractor's Compliance Statement. 1 -17 Conflicts of Interest and Noncompetitive Practices By submitting a bid, the Contractor agrees as follows: A. Conflict of Interest — That it has no direct or indirect pecuniary or proprietary interest, that it shall not acquire any interest which conflicts in any manner or degree with the work, services, equipment or materials required to be performed and /or provided under this contract and that it shall not employ any person or agent having any such interests. In the event that the Contractor or its agents, employees or representatives hereafter acquires such a conflict of interest, it shall immediately disclose such interest to the City and take action immediately to eliminate the conflict or to withdraw from this contract, as the City may require. B. Contingent Fees and Gratuities 1. That no person or selling agency except bona fide employees or designated agents or representatives of the Contractor have been employed or retained to solicit or secure this contract with an agreement or understanding that a commission, percentage, brokerage, or contingent fee would be paid; and 2. That no gratuities in the form of entertainment, gifts or otherwise, were offered or given by the Contractor or any of its agents, employees or representatives, to any official, member or employee of the City or other governmental agency with a view toward securing this contract or securing favorable treatment with respect to the awarding or amending, or the making of any determination with respect to the performance of this contract. 1 -18 Bid Security No bid will be considered unless accompanied by either a cashier's or certified check in an amount equal to five percent (5 %) of the Total Bid Price as indicated on Attachment B, "Bid Form," or a bid bond in the form of Attachment E or a letter of credit for a like amount. The check or bond shall be payable to the City; it shall be forfeited as fixed and liquidated damages in case the bidder fails, neglects or refuses to enter into a contract for the faithful performance of said work (including the providing of any evidence of insurance and /or performance bond required herein), in the event the contract is awarded to them, within ten (10) days after the award is made. If a bid bond is submitted in lieu of a check, it shall be executed by a corporate surety authorized to transact business in the State of Washington and in the form prescribed in Attachment E, "Bid Bond." If a letter of credit is offered in lieu of a check or bidder's bond, it shall be issued as an irrevocable documentary letter of credit drawn on a banking institution licensed to do business in the State of Washington. The letter of credit shall include instruction and provisions prescribed in Attachment E, "Bid Bond." Any questions as to the qualification of the banking institution or instruction shall be submitted to the City at least ten (10) days prior to the bid submittal date. The check, bidder's bond or letter of credit shall be attached to the bid form. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 14 2016 RFB ver. 4 -15 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 G) attached to the Public Works Contract and deliver it to the City fully executed by the bidder and a surety company in the amount of one hundred percent (100 %) of the contract price as security for the faithful performance of the work including the payment of all persons furnishing materials and performing labor on the work and all payments arising from the performance of the work due the State of Washington pursuant to Titles 50 and 51 RCW. Such bond must be executed by a duly licensed surety company, which is registered with the Washington State Insurance Commissioner, and the surety's name shall appear in the current Authorized Insurance Company List in the Sate of Washington, published by the Office of the Insurance Commissioner. The scope of the Performance /Payment Bond (Exhibit G) shall in no way affect or alter the liabilities of the Contractor to the City under Section 8 "Indemnification" of the Public Works Contract. The City may require the surety company to appear and qualify itself upon the bond. If, at any time, the City determines in its sole judgment that the surety company is insufficient, the City may require the Contractor to furnish additional surety in form and arrangement satisfactory to the City and in an amount not exceeding that originally required. The Contractor shall submit a performance bond complying with the requirements of this paragraph within ten (10) days after the award is made. Payments will not be made on the Contract until sufficient surety as required is furnished. 1 -20 Bid Dispute A. Any actual or prospective bidder, including sub - contractors and suppliers showing a substantial economic interest in this contract who is aggrieved in connection with the solicitation or award of this contract, may protest to the City in accordance with the procedures set forth herein. Protests based on the specifications or other terms in the contract documents, which are apparent prior to the date established for submittal of bids, shall be submitted not later than ten (10) calendar days prior to said date, or shall be deemed waived. All other protests shall be accepted only from actual bidders and shall be submitted within five (5) calendar days after the aggrieved person knows or should have known of the facts and circumstances upon which the protest is based; provided, however, that in no event shall a protest be considered if all bids are rejected or after the award of this contract. B. In order to be considered, a protest shall be in writing and shall include: (1) the name and address of the aggrieved person; (2) the RFB number and contract title under which the protest is submitted; (3) a detailed description of the specific grounds for protest and any supporting documentation; and (4) the specific ruling or relief requested. The written protest shall be addressed to: City of Federal Way Federal Way, Washington 98003 -6325 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 15 2016 RFB ver. 4 -15 Attention: Bid Protest -- 2016 Pedestrian Improvement Program RFB # 16- 002 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 Erik Preston P.E., Senior Traffic Engineer. Questions by the Contractor regarding interpretation of the terms, provisions and requirements of this contract shall be addressed to Erik Preston P.E., Senior Traffic Engineer, for response. 2 -2 Proof of Compliance with Contract In order that the City may determine whether the Contractor has complied with the requirements of the contract documents, the Contractor shall, at any time when requested, submit to the City properly authenticated documents or other satisfactory proofs as to the Contractor's compliance with such requirements. 2 -3 Contract Documents and Precedence The documents embodying the legally binding obligations between the City and the Contractor for completion of the work consist of the following: this Contract, Request for Bids, Bidder's Checklist, Instructions to Bidders, General Contractual Terms and Conditions, Bid Form, Bid Schedule, Bid Signature Page, Bid Bond Form, Subcontractor List, Combined City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 16 2016 RFB ver. 4 -15 2 -4 2 -5 Affidavit and Certification Form, Contractor's Compliance Statement, Notice of Completion of Public Works Contract attached as Exhibit A, Contract Change Order Agreement attached as Exhibit B, Contractor's Retainage Agreement attached as Exhibit C, Retainage Bond to the City of Federal Way attached as Exhibit D, Notice to Labor Unions or Other Employment Organizations Nondiscrimination in Employment attached as Exhibit E, Certificate(s) of Insurance Form attached as Exhibit F, Performance / Payment Bond attached as Exhibit G, Title VI Assurances attached as Exhibit H, Special Provisions, Standard Plans and Details attached as Appendix A, current Prevailing Wage Rates attached as Appendix B, 2016 WSDOT / APWA Standard Specifications for Road, Bridge and Municipal Construction, Amendment to the Standard Specifications, and all other Appendices attached hereto and incorporated by this reference, (collectively the "Contract Documents "), which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 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. 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. Change Orders The City may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the specifications within the scope of this contract. Oral orders will not be binding on the City unless confirmed in writing by the City. Except as provided herein, no order, statement, or conduct of the City will be treated as a change hereunder or will entitle the Contractor to an equitable adjustment. If any change hereunder causes an increase or decrease in the Contractor's cost of, or time required for, the performance or any part of the work under this contract, an equitable adjustment will be made and the contract modified in writing accordingly. However, no claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order form from the City or after giving the City the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this contract. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 17 2016 RFB ver. 4 -15 2 -6 Work and Materials Omitted The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the contract and the value of the omitted work and materials will be deducted from the contract price and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 2 -7 Washington State Sales Tax The Contractor shall make payment directly to the State for all applicable Washington State sales taxes and all other governmental taxes, assessments and charges. 2 -8 Shipping Charges All prices shall include freight. Requests for additional compensation for freight charges will be rejected by the City. 2 -9 Warranty All materials and equipment sold and labor performed under this contract are warranted by the Contractor to be free from defects in materials or workmanship for a period of at least one (1) year from date of delivery and installation; provided, however, that this warranty may extend beyond this time period pursuant to any attached warranties. If the merchandise sold or work performed hereunder is defective on account of workmanship or materials, the Contractor agrees to replace the merchandise or, at the City's sole option, repair the defective merchandise. All defects in work or materials shall be promptly corrected. 2 -10 No Waiver of Warranties and Contract Rights Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute a waiver, modification or exclusion of any express or implied warranty or any right under this contract or in law. 2 -11 Legal Relations The Contractor shall comply with all of the City's resolutions and regulations applicable under this contract and with any local, state or federal law or regulation applicable to the materials, equipment or service provided under this contract. Neither the Contractor nor the City shall assign any interest, obligation or benefit under or in this contract or transfer any interest in the same, whether by assignment or novation, without prior written consent of the other party. This contract shall be binding upon and inure to the benefit of the successors of the parties. 2 -12 Applicable Law and Forum City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 18 2016 RFB ver. 4 -15 Except as hereinafter specifically provided, this contract shall be governed by and construed according to the laws of the State of Washington including, but not limited to, the Uniform Commercial Code, Title 62A RCW. Any suit arising herefrom shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 2 -13 Hazardous Chemical Communication In order to comply with WAC 296 -62 -054, Hazard Communication, the Contractor shall submit with each shipment a Material Safety Data Sheet (MSDS) for all products containing any toxic products that may be harmful to the end user. The MSDS Sheet is to accompany the toxic product(s) to the specified delivery sites. Include the following information in the MSDS: A. Chemical Abstract Service (CAS) numbers for every chemical that is listed in the MSDS. B. If the product is actually used diluted, the dilution rate should be so stated in the MSDS and the hazards and corresponding personal protection, etc., also be listed. C. A statement as to the intended use of the product. 2 -14 Delivery and Liquidated Damages Time is of the essence of the contract and each and all of its provisions in which performance is a factor. The Contractor will be held to strict compliance with the prescribed date(s) set forth in these contract documents. For each and every day that delivery is delayed beyond the specific date(s), damage will be sustained by the City. Because of the difficulty in computing the actual damages and disadvantages to the City, and as a reasonable forecast of actual damages which the City will suffer by the delay in delivery, the parties agree that for each such delay the Contractor will pay the City liquidated damages (and not as a penalty) in accordance with Section 1.3 of Attachment I, Public Works Contract, to compensate for any damages caused by such delay. The City may deduct from any payment owing to the Contractor, any liquidated damages, which may be incurred by the Contractor pursuant to this paragraph. 2 -15 Force Majeure The Contractor's or City's failure to perform any of its obligations under this contract shall be excused if due to causes beyond the control and without the fault or negligence of the Contractor or City, respectively, including, but not restricted to, acts of God, acts of public enemy, acts of any government, fire, floods, epidemics, and strikes. 2 -16 Patents, Copyrights and Rights in Data Any patentable result or material suitable for copyright arising out of this contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 19 2016 RFB ver. 4 -15 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this contract, whether or not complete (referred to in this subsection as "Subject Data "), shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. All such Subject Data furnished by the Contractor pursuant to this contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. The Contractor shall ensure that substantially the foregoing paragraphs are included in each subcontract for the work on the project. 2 -17 Patents and Royalties The costs involved in license fees, royalties or in defending claims for any patented invention, article, process or method that may be used in or connected with the work under this contract or with the use of complete work by the City, shall be paid by the Contractor. The Contractor and the Contractor's sureties shall, at their own cost, defend, indemnify and hold the City, together with its officers and employees, harmless against any and all demands made for such fees, royalties or claims brought or made by the holder of any invention or patent. Before final payment is made on the account of this contract, the Contractor shall, if requested by the City, furnish acceptable proof of a proper release of the City, its officers, agents and employees from all such fees or claims. Should the Contractor, its agent, servants or employees, or any of them be enjoined from furnishing or using any invention, article, material, computer programs or equipment supplied or required to be supplied or used under the contract, the Contractor shall promptly substitute other articles, materials, computer programs or equipment in lieu thereof of equal efficiency, quality, finish, suitability and market value, and satisfactory in all respects to the City. 2 -18 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 -19 Recycled Products City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 20 2016 RFB ver. 4 -15 The Contractor shall use recycled paper for proposals and for any printed or photocopied material created pursuant to a contract with the City whenever practicable and use both sides of paper sheets for reports submitted to the City whenever practicable. In the event this RFB covers the sale of product to the City that is capable of containing recycled materials, Contractor is hereby advised that the City intends to procure products with recycled content, pursuant to the recycled content notice delivered with these bid documents. Contractor shall certify the percentage of recycled content and products sold to the City, including a percentage of post- consumer waste that is in the product. This certification is required to be in the form of a label on the product or a statement by the Contractor attached to the bid documents. The certification on multi- component or multi - material products shall verify the percentage and type of post- consumer waste and recycled content by volume contained in the major constituents of the product. The Contractor agrees to grant the City, as a procuring agency, permission to verify the certification of recycled content by review of the bidder's or manufacturer's records as a condition of any bid award, in the event of a bidder's protest, or other challenge to the bid accepted. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 21 2016 RFB ver. 4 -15 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 -6325. 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 -002 Bid Title: ❑ 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: Signature Date Name (Type or Print) Title Phone: City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 22 2016 RFB ver. 4 -15 Bidder: Attachment B BID FORM CITY OF FEDERAL WAY 2016 PEDESTRIAN IMPROVEMENT PROGRAM BID FORM Date: ITEM BID AMOUNT A) Schedule A: Military Rd S / S 282nd St $ 5;6 Ve 41,4e) B) Schedule B: SW 312th St west of 4th Ave SW $ 3 7 67d C Schedule C: Pete Von Riechbauer Wa S north of S 318th PI cia D) Schedule D: S 320th St west of 5th Ave S $ / / 7/ t -Q 0 E) Schedule E: SW 320th St west of 6th Ave SW $ 0332 f) Schedule F: SW 320th St east of 18th Ave SW $ ,4 %. $ 5' -",% G) Schedule G: 21st Ave SW south of SW 322nd PI H) Schedule H: 21st Ave SW north of SW 330th St $ ,.'‹).et) TOTAL BID AMOUNT (including Washington State sales tax, all other government taxes, assessments and charges) , $ T 9 ,7Z p� To City Council Members City of Federal Way 33325 8th Ave South Federal Way, Washington 98003 -6325 Pursuant to and in compliance with your advertisement for bids for construction of 2016 Pedestrian Improvement Program 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 2016 Pedestrian Improvement Program and hereby proposes to furnish all labor, materials and perform all work as required in strict accordance with the contract documents, for the above - referenced amount, inclusive of Washington State sales tax and all other government taxes, assessments and charges as required by law. The required bid security consisting of a certified check, bid bond, or cashier's check in an amount of not less than five percent (5 %) of the total amount bid is attached hereto, which it is agreed shall be collected and retained by the City as liquidated damages in the event this bid is accepted by the City within forty -five (45) calendar days after the day of the bid opening and the undersigned fails to execute the 2016 Pedestrian Improvement Program 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 unclersi,gQ d. fi ) Bond or rtified Check ,i/)/2/0/ Dollars ($ der shall complete this entire Bid Form or this bid may be considered non - responsive. The City may correct obvious mathematical errors. City of .Federal Way 2016 Pedestrian Improvement Program RFB ver. 4-15 Page 23 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale The City of Federal Way reserves the right to reject any and all bids, waive any informalities or minor irregularities in the bidding, and determine which bid or bidder meets the criteria set forth in the bid documents. Receipt of the following Addendums is hereby acknowledged: Addendum No. / Date Issued: Addendum No. Date Issued: Addendum No. Date Issued: Cerpcta+ic n Corporatio (Delete Two) Bidder's State License No. Bidder's State Tax No. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -1.5 Firm Name Signature c74,4 Title Page 24 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Attachment C CITY OF FEDERAL WAY 2016 PEDESTRIAN IMPROVEMENT PROGRAM BID SCHEDULE Schedule A - Military Rd S / S 282nd St Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS �%' 40, e-i / ; ARe 0 2 Traffic Control Labor 24 HR $48.00 $1,920.00 3 Other Traffic Control Labor 16 HR $48.00 $1,152.00 4 RRFB Assembly, Complete (8 -20.3 & 9 -29) 2 EA ✓4011! Qii, N9S# 5 Remove Plastic Traffic Arrow (8 -22) 1 EA /75od /7S — 6 Pedestrian Refuge Island, Complete (8 -04) 1 EA 7� 'e % d 0 7 Cement Conc. Curb Ramp Type Perpendicular (8 -14) 1 EA 9aipdG _wd 412 8 Plastic Crosswalk Line, Complete (8 -22) 87 SF /7 t 9257 7 47 9 Remove Extruded Curb, Complete (8 -04) 6 LF o241-4-7-P 10 Detectable Warning Surface (8 -14) 12 SF 0 a ,, ! e ffv /4 11 Permanent Signing (8 -21) 1 15 .R ° Schedule B - SW 312th St West Of 4th Ave SW Subtotal Schedule A x --/,75 f Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS �; � Fp 00 2 Traffic Control Labor 24 HR $48.00 $1,152.00 3 Other Traffic Control Labor 16 HR $48.00 $768.00 4 Accessible Pad, Complete (8 -04) 25 SF 'Tv g ,M1,9 6 ,7j .gi� --7,57 5 RRFB Assembly, Complete (8 -20.3 & 9 -29) 2 EA /med 7522h1 6 Permanent Signing (8 -21) 1 EA City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 25 Subtotal Schedule B 374, 70 od RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Schedule C - Pete Von Riechbauer Wav S North of 318th PI S Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS /j /4 / f //# 2 Traffic Control Labor 40 HR $48.00 $1,920.00 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 4 Pedestrian Refuge Island, Complete (8 -04) 1 EA -(a 7Q'0 5 RRFB Assembly, Complete (8 -20.3 & 9 -29) 2 EA //%i% ,?(of ° ,..90,9f Sa 6 Cement Conc. Curb Ramp, Type Parallel, Complete (8 -14) 2 EA 7 Permanent Signing (8 -21) 1 LS t 5:;-4- /G"ee' 8 Plastic Crosswalk Line, Complete (8 -22) 94 SF /-- !' %h--'4 9 Removing Plastic Crosswalk Line (8 -22) 94 SF Thickened Edge Cement Conc. Sidewalk, Complete (8-14) //_ 10 Remove & Replace Cement Conc. Tr. Curb & Gutter (8 -04) 16 LF 5-0°0 g a 11 Remove & Replace Cement Conc. Sidewalk (8 -14) 9 SY e-S"44;. 76_5-'44 Subtotal Schedule C 5Vo? -1142 Schedule D - S 320th St West Of 5th Ave S Item No. Item Description Approx. Quantity Unit Unit P 'ce Total Bid 1 Mobilization 1 LS 4meA aill, AV; 2 Traffic Control Labor 40 HR $48.00 $1,920.00 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 4 Pedestrian Refuge Island, Complete (8 -04) 1 EA 7� 26 ' 77 V `c° 5 Cement Concrete Curb Ramp Type Perpendicular (8 -14) 2 EA e.e9 Z � J - ,--,A," et ° 6 Remove Cement Conc. Sidewalk, Complete (8 -14) 152 SY 7 Clearing & Grubbing 1 LS ,,5 CY t 5:;-4- �L'/) ' if/g7,' 8 Backfill Including Haul, Complete (6 -13) 79 9 Cement Concrete Sidewalk, Complete (8 -14) 97 SY d" s-e,?' 10 Thickened Edge Cement Conc. Sidewalk, Complete (8-14) 89 SY i / v /, , 9t i 11 Modular Block Fill Wall (6-13) 141 SF L� % C� �� / g--2 't2 12 Metal Handrail (6 -06) 75 LF //d --6j ' 13 Silt and Construction Fencing 210 LF 6' /mil s 14 RRFB Assembly, Complete (8 -20.3 & 9 -29) 3 EA 9, 1 el26 5-,OP DO 15 Permanent Signing (8 -21) 1 LS 16 Plastic Crosswalk Line, Complete (8 -22) 120 SF //J /3 e 17 Plastic Yield Line Symbols (8 -22) 28 EA 7� CO /760 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 /2(� 1 T Page 26 fi Subtotal Schedule D /X/� 2/f ; G 0 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Schedule E - SW 320th St West of 6th Ave SW Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS HR /fit, `$48..00 a 1:64 $1,920.00 2 Traffic Control Labor 40 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 $1,152.00 4 Pothole RRFB Foundation 1 EA ,3�'ijP --,e0 5 RRFB Assembly, Complete (8 -20.3 & 9 -29) 3 EA Q"--e S0-41 6 Permanent Signing (8 -21) 1 LS EA Z1j 7 Pedestrian Refuge Island, Complete (8 -04) 1 EA � 'd 7R2V 8 Cement Conc. Curb Ramp, Type Parallel, Complete (8 -14) 1 EA ,per c6. 47 Up0,s 3 iya _ 9 Cement Conc. Curb Ramp, Type Combination, Complete (8 -14) 1 EA 3t4701 10 Plastic Crosswalk Line, Complete (8 -22) 120 SF 11--al /3. 11 Plastic Yield Line Symbols (8 -22) 28 EA 7017 S't,e" %6, �G 1G2° 12 Remove and Replace Cement Conc. Sidewalk (8 -14) 8 SY 13 Remove and Replace Cement Conc. Curb & Gutter (8 -14) 9 LF / ,e, ,sW . Subtotal Schedule E Schedule F - SW 320th St East of 18th Ave SW 53 Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS �7v' $48.00 /02.4 $1,920.00 2 Traffic Control Labor 40 HR 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 4 Cement Conc. Curb Ramp, Type Combination, Complete (8 -14) 2 EA „?0,3— &9/) 5 Pedestrian Refuge Island, Complete (8 -04) 1 EA re-0 9 9S ?,,g- 7s' 91' I e /e.7 6 RRFB Assembly, Complete (8 -20.3 & 9 -29) 3 EA 7 Permanent Signing (8 -21) 1 LS 8 Plastic Crosswalk Line, Complete (8 -22) 120 SF /1#44 /�a2 9 Plastic Yield Line Symbols (8 -22) 28 EA 70 -65'2 l %0 City of Federal Way 2016 Pedestrian Improvement Program RFB vet.. 4 -15 Page 27 8, Subtotal Schedule F �7j RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Schedule G - 21st Ave SW South of SW 322nd PI Item No. Item Description Approx. Quantity Unit Unit Price Total Bid����. 1 Mobilization 1 15 /75.®/' /y, •l' 2 Traffic Control Labor 40 HR $48.00 $1,920.00 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 4 Pothole RRFB Foundation 1 EA 9U 9 dl. 5 Remove and Replace Cement Conc. Sidewalk (8 -14) 8 SY P-°° ,.. /t'I(�,�`,��o��IC!%� 7 ) 7', 7k24. 2 Gllli 6 Cement Conc. Curb Ramp, Type Parallel, Complete (8 -14) 2 EA 7 Pedestrian Refuge Island, Complete (8 -04) 1 EA 8 RRFB Assembly, Complete (8 -20.3 & 9 -29) 3 EA 9SQ 9 Permanent Signing (8 -21) 1 LS ad O ,_9 10 Plastic Crosswalk Line, Complete (8 -22) 120 SF /(!(] /3 ,7e7-0 `9'99. 11 Plastic Yield Line Symbols (8 -22) 28 EA 7tJ' Subtotal Schedule G Schedule H - 21st Ave SW North of SW 330th St Item No. Item Description Approx. Quantity Unit Unit Price Total Bid 1 Mobilization 1 LS ?",*--/Z-atolil $48.00 $1,920.00 2 Traffic Control Labor 40 HR 3 Other Traffic Control Labor 24 HR $48.00 $1,152.00 4 Pothole RRFB Foundation 1 EA 949,49 3 gfl ' ?#/,' , _39?fi 5 Cement Conc. Curb Ramp, Type Combination, Complete (8 -14) 1 EA 6 Cement Conc. Curb Ramp, Type Parallel, Complete (8 -14) 1 EA r ?,..;®D�,e1--%'3 7[5,Q - ✓7 �' 7 Pedestrian Refuge Island, Complete (8 -04) 1 EA 8 RRFB Assembly, Complete (8 -20.3 & 9 -29) 3 EA ,<,, c? g-5-op 9 Permanent Signing (8 -21) 1 LS ad O 10 Plastic Crosswalk Line, Complete (8 -22) 120 SF it / a7.0 11 Plastic Yield Line Symbols (8 -22) 28 EA 7,P017 / 760e City of Federal. Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 28 Subtotal Schedule H �� RFB #I6-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Attachment D BID SIGNATURE PAGE Date: /-d-16 The undersigned bidder hereby proposes and agrees to deliver the equipment and /or services pursuant to the 2016 Pedestrian Improvement Program and comply with all other terms and conditions of the contract and bid documents of RFB 16 -002. 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. �t r. P1 Corporation/P :c (Delete Two) City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 By: Company (Signature) (Printed Name)) Its: �/`�,4T �GjZ • (Title) 7'1 L 1' IA /4 '4' ✓C/ A Li Zbuyi bot/ci qffa/ (Address) PSG (Telephone Number) Page 29 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale 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 $ 5% of Bid Amount , which amount is not less than five percent (5 %) of the total bid. BID BOND KNOW ALL PERSONS BY THESE PRESENTS that we, R.W. Scott Construction Co. , as Principal, and Fidelity and Deposit Company of Maryland , as Surety, are held and firmly bound unto the City of Federal Way, as Obligee, in the penal sum of Five Percent (5 %) of Bid Amount and /100 dollars ($ 5% of Bid Amount ), 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: 2016 PEDESTRIAN IMPROVEMENT PROGRAM 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 22nd DAY OF July , 20 . 6 _ Received return of deposit in the sum of $ City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 30 RFB #16 -002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Aliceon A. KELTNER, Cynthia L. JAY, Peggy A. FIRTH, Eric A. ZIMMERMAN and James B. BINDER, all of Seattle, Washington, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of October, A.D. 2015. Secretary Eric D. Barnes ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND lj Vice President Thomas O. McClellan State of Maryland County of Baltimore On this 2nd day of October, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 97-uut;-/g0.0-.,-"a Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 180 -2849C 'nu litsw EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONy WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this( day of , 20) to . t9 • Cis ts4 ♦I 44OrdtI (% ri. 14 '•* Gerald F. Haley, Vice President Attachment F SUBCONTRACTOR LIST Prepared in Compliance with RCW 39.30.060 2016 PEDESTRIAN IMPROVEMENT PROGRAM Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW, or identify the bidder for the work will result in your bid being non - responsive and therefore void. Subcontractors 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 named below, or name the bidder for the work. The bidder verifies that each first tier subcontractor, and every subcontractor of any tier that hires other subcontractors, has a current certificate of registration in compliance with chapter 18.27 RCW; a current Washington Unified Business Identifier (UBI) number; has Industrial Insurance (workers' compensation) coverage for the subcontractor's employees working in Washington, as required in Title 51 RCW, if applicable; has a Washington Employment Security Department number, as required in Title 50 RCW, if applicable; has a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW, if applicable; has an electrical contractor license, if required by Chapter 19.28 RCW, if applicable; has an elevator contractor license, if required by Chapter 70.87 RCW. The following listed bid items (listed in numerical sequence) for this project have been proposed for subcontracting to subcontractors as indicated. SUBCONTRACTOR NAME ITEM NUMBERS ESTIMATED AMOUNT WMBE QUA FIED? (Y /ft 1 e oc/i- %C. ,/-'', ..; C 5 /3/41 /�-- 6/ 6- kiii- 6:3, / 2 f 7,I; 0e) City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4-15 Page 31 RFB #16 -002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Attachment G City of Federal Way COMBINED AFFIDAVIT AND CERTIFICATION FORM Non - Collusion, Anti - Trust, Prevailing Wage (Non - Federal Aid), Debarment, Eligibility, and Certification of Lawful Employment NON - COLLUSION AFFIDAVIT Being first duly sworn, deposes and says, that he /she is the identical person who submitted the foregoing proposal or bid, and that such bid is genuine and not sham or collusive or made in the interest or on behalf of any person not therein named, and further, that the deponent has not directly induced or solicited any other Bidder on the foregoing work equipment to put in a sham bid, or any other person or corporation to refrain from bidding, and that deponent has not in any manner sought by collusion to secure to himself /herself or to any other person any advantage over other Bidder or Bidders; and NOTICE TO ALL BIDDERS ON PROJECTS INVOLVING THE U.S. DEPARTMENT OF TRANSPORTATION (USDOT) To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll -free hotline Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the hotline to report such activities. The hotline is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected; and CERTIFICATION RE: ASSIGNMENT OF ANTI -TRUST CLAIMS TO PURCHASER Vendor and purchaser recognize that in actual economic practice, overcharges resulting from anti- trust violations are, in fact, usually borne by the purchaser. Therefore, vendor hereby assigns to purchaser any and all claims for such overcharges as to goods and materials purchased in connection with this order or contract, except as to overcharges resulting from anti -trust violations commencing after the date of the bid, quotation, or other event establishing the price under this order or contract. In addition, vendor warrants and represents that each of his suppliers and subcontractors shall assign any and all such claims to purchaser, subject to the aforementioned exception; and PREVAILING WAGE AFFADAVIT I, the undersigned, having duly sworn, deposed say and certify that in connection with the performance of the work of this project, will pay each classification of laborer, workperson, or mechanic employed in the performance of such work, not less than the prevailing rate of wage or not less than the minimum rate of wage as specified in the principal contract; that I have read the above and forgoing statement and certificate, know the contents thereof and the substance as set forth therein, is true to my knowledge and belief; and City of Federal Way 2016 Pedestrian improvement Program RFB ver. 4 -15 Page 32 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale DEBARMENT AFFIDAVIT I certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. AFFIDAVIT OF ELIGIBILITY The Contractor certifies that it is properly licensed and registered under the laws of the State of Washington and has not been determined to have been in violation of RCW 50.12.070(1)(b), RCW 51.16.070(1)(b), or RCW 82.32.070(2) within the last two years. The Contractor further certifies that it has not been determined, within the last one year, to have committed any combination of two of the following violations or infractions within a five -year period: (1) Violated RCW 51.48.020(1) or 51.48.103; or (2) Committed an infraction or violation under chapter 18.27 RCW. CERTIFICATION OF LAWFUL EMPLOYMENT The contractor hereby certifies that it has complied with all provisions of the Immigration and Nationality Act, now or as herein after amended, 8 USC Section 1101 et. seq., and that all employees, including subcontractor employees, are lawfully permitted to perform work in the United States as provided in this agreement with the City of Federal Way. FOR: Non - Collusion Affidavit, Assignment of Anti -Trust Claims to Purchaser, Prevailing Wage Affidavit, Debarment Affidavit, Affidavit Of Eligibility, and Certification of Lawful Employment. 2016 PEDESTRIAN IMPROVEMENT PROGRAM Name of Bidder's Firm Signatuf Authorized Re•resentative of Bidder Subscribed and sworn to before me thi ,1• ",- otimiS - o- NOTARy = : —ter- PUBLIC or w ' " "........, S11,., City of Federal. Way 2016 Pedestrian improvement Program RFB ver. 4 -15 f"- ...._� X200.. (printed /typed name of notary Notary Public in and for the St , to Washington My commission expires: //S— / Page 33 RFB #16-002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Attachment H CONTRACTOR'S COMPLIANCE STATEMENT (President's Executive Order #11246) Date: /7 o7C' This statement relates to a proposal contract with the City of Federal Way named 2016 PEDESTRIAN IMPROVEMENT PROGRAM I am the ndersigned bidder or prospective contractor. I represent that: I have, ❑ have not, participated in a previous contract or subcontract subject to the President's Executive Order #11296 (regarding equal employment opportunity) or a preceding similar Executive Order. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 By: Its: Name of Bid er Signat ' Title a/V Address Page 34 RFB # 16 -002 2016 Provided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Attachment I PUBLIC WORKS CONTRACT FOR 2016 PEDESTRIAN IMPROVEMENT PROGRAM THIS PUBLIC WORKS CONTRACT ( "Contract') is dated effective this 4 day of t,Vc ■,2 � , 2016 and is made by and between the City of Federal Way, a Washington municidal corporation ( "City or Owner "), and R.W. Scott Construction Company, a Washington corporation ( "Contractor "). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the 2016 Pedestrian Improvement Program, located at 8 locations within the City of Federal Way in the following vicinities: Schedule A: Military Rd S / S 282nd St Schedule B: SW 312th St west of 4th Ave SW Schedule C: Pete Von Riechbauer Way S north of S 318th PI Schedule D: S 320th St west of 5th Ave S Schedule E: SW 320th St west of 6th Ave SW Schedule F: SW 320th St east of 18th Ave SW Schedule G: 21st Ave SW south of SW 322nd PI Schedule H: 21st Ave SW north of SW 330th St 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 2016 Pedestrian Improvement Program project, including without limitation: The Work to be performed under this Contract consists of furnishing materials, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), and performing all Work as required by the Contract in accordance with the Contract Documents, all of which are made a part hereof. This project provides for the construction, sequencing and traffic control of improvements to certain streets, shoulders and sidewalks in eight (8) locations within the City of Federal Way. The project includes, but is not limited to the furnishing and installation of specialty signage, bases, poles and standard signage poles and bases, removal and installation of concrete sidewalks, curb and gutter, and asphalt pavement, installation of ADA accessible ramps with detectable warning strips, installation of pedestrian refuge islands with detectable warning strips as detailed, pavement markings, sign removals and relocations, and all items necessary to complete the work described in the contract documents. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 35 RFB #16-002 2016 When the Work is completed to the extent that the City has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, the City may determine the Work is complete. Liquidated damages will not be assessed for any days for which an extension of time is granted. No deduction or payment of liquidated damages will, in any degree, release the Contractor from further obligations and liabilities to complete this entire Contract. 1.4 Performance Standard. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors. 1.5 Compliance with Laws. Contractor shall perform the Work in accordance with all applicable federal, state and City laws, including but not limited to all City ordinances, resolutions, standards or policies, as now existing or hereafter adopted or amended, and obtain all necessary permits and pay all permit, inspection or other fees, at its sole cost and expense. 1.6 Change Orders. The City may, at any time, without notice to sureties, order changes within the scope of the Work. Contractor agrees to fully perform any such alterations or additions to the Work. All such change orders shall be in the form of the Contract Change Order Agreement attached hereto as Exhibit "B," which shall be signed by both the Contractor and the City, shall specifically state the change of the Work, the completion date for such changed Work, and any increase or decrease in the compensation to be paid to Contractor as a result of such change in the Work. Oral change orders shall not be binding upon the City unless confirmed in writing by the City. If any change hereunder causes an increases or decrease in the Contractor's cost of, or time required for, the performance or any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. If the Contractor intends to assert a claim for an equitable adjustment hereunder, it shall, within five (5) days after receipt of a written change order from the City or after giving the written notice required above, as the case may be, submit to the City a written statement setting forth the general nature and monetary extent of such claim; provided the City, in its sole discretion, may extend such five (5) day submittal period upon request by the Contractor. The Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine if the claims and costs have merit. No claim will be allowed for any costs incurred more than five (5) days before the Contractor gives written notice as required. No claim by the Contractor for an equitable adjustment hereunder will be allowed if asserted after final payment under this Contract. 1.7 Work and Materials Omitted. The Contractor shall, when directed in writing by the City, omit work, services and materials to be furnished under the Contract and the value of the omitted work and materials will be deducted from the Total Compensation and the delivery schedule will be reviewed if appropriate. The value of the omitted work, services and materials will be a lump sum or unit price, as mutually agreed upon in writing by the Contractor and the City. If the parties cannot agree on an appropriate deduction, the City reserves the right to issue a unilateral change order adjusting the price and the delivery schedule. 1.8 Utility Location. Contractor is responsible for locating any underground utilities affected by the Work and is deemed to be an excavator for purposes of Chapter 19.122 RCW, as amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW, including utilization of the "one call" locator system before commencing any excavation activities. 1.9 Air Environment. Contractor shall fully cover any and all loads of loose construction materials including without limitation, sand, dirt, gravel, asphalt, excavated materials, construction City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 37 2016 RFB ver. 4 -15 debris, etc., to protect said materials from air exposure and to minimize emission of airborne particles to the ambient air environment within the City of Federal Way. 2. TERM This Contract shall commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than , 200_ to complete, and the expiration of all warranties contained in the Contract Documents ("Term"). 3. WARRANTY 3.1 Requisite Skill. The Contractor warrants that it has the requisite skill to complete the Work, and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. Contractor represents that it has visited the site and is familiar with all of the plans and specifications in connection with the completion of the Work. 3.2 Defective Work. The Contractor shall, at its sole cost and expense, correct all Work which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work as more fully set forth in the General Conditions of the Contract; provided, however, that this warranty may extend beyond this time period pursuant to the warranties attached hereto as Appendix C and incorporated by this reference. This warranty shall survive termination of this Contract. Conducting of tests and inspections, review of specifications or plans, payment for goods or services, or acceptance by the City does not constitute waiver, modification or exclusion of any express or implied warranty or any right under this Contract or law. 4. COMPENSATION 4.1 Total Compensation. In consideration of the Contractor performing the Work, the City agrees to pay the Contractor in accordance with the Bid Schedule, which amount shall constitute full and complete payment by the City ("Total Compensation "). 4.2 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 4.3 Nonpayment. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole discretion, which shall be withheld until such time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. 4.4 Method of Payment. The basis of payment will be the actual quantities of work performed according to the contract and as specified for payment. Payments will be made for work and labor performed and materials furnished under the contract according to the price in the proposal unless otherwise provided. Partial payments will be made once each month, based on partial estimates prepared by the Engineer and signed by the Contractor. Failure to perform any obligation under this Contract may be adequate reason for the City to withhold payments until the obligation is performed. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 38 2016 RFB ver. 4 -15 Upon completion of all work and after final inspection, the amount due the Contractor under the contract will be paid based upon the final estimate made by the Engineer and signed by the Contractor. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 4.5 Retainage. Pursuant to Chapter 60.28 RCW, five percent (5 %) of the Total Compensation shall be retained by the City to assure payment of Contractor's state sales tax as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Contractor shall complete, execute and deliver to the City the Contractor Retainage Agreement attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ( "Fund ") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non - payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty -five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. S. EQUAL OPPORTUNITY EMPLOYER 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 H. 6. INDEPENDENT CONTRACTOR/ CONFLICT OF INTEREST 6.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 39 2016 RFB ver. 4 -15 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. (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 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 40 2016 RFB ver. 4 -15 (11) If the Work is not being performed pursuant to RCW 49.28.050 or 49.28.060. 7.3 Result of Termination. In the event that this Contract is terminated for cause by the City, the City may do any or all of the following: (1) Stop payments. The City shall cease any further payments to Contractor and Contractor shall be obligated to repay any payments it received under this contract. (2) Complete Work. The City may, but in no event is the City obligated to, complete the Work, which Work may be completed by the City's agents, employees or representatives or the City may retain independent persons or entities to complete the Work. Upon demand, Contractor agrees to pay to the City all of its costs and expenses in completing such Work. (3) Take Possession. The City may take possession of the Property and any equipment and materials on the Property and may sale the same, the proceeds of which shall be paid to the City for its damages. (4) Remedies Not Exclusive. No remedy or election under this Contract shall be deemed an election by the City but shall be cumulative and in addition to all other remedies available to the City at law, in equity or by statute. S. INDEMNIFICATION 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend, and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Contract to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Contract. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend, and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licenses, or representatives, arising from, resulting from or connected with this Contract to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination. 9. INSURANCE 9.1 Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 41 2016 RFB ver. 4 -15 (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 "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. The City reserves the right to require complete certified copies of all required insurance policies, at any time. 9.4 Subcontractors. Contractors shall include all subcontractors as additional insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 9.5 Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must be disclosed by Contractor and approved in writing by the City. At the option of the City, Contractor shall either reduce or eliminate such deductibles or self- insured retentions or procure a bond guaranteeing payment for any amounts not covered by the insurance by reason of such deductibles or self- insured retentions. 9.6 Asbestos Abatement or Hazardous Materials. If asbestos abatement or hazardous materials work is performed, Contractor shall review coverage with the City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of Work and are satisfactory to the City. Contractor shall not commence any Work until its coverage has been approved by the Risk Manager. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 42 2016 RFB ver. 4 -15 9.7 Termination. The Contractor's failure to provide the insurance coverage required by this Section shall be deemed to constitute non - acceptance of this Contract by the Contractor and the City may then award this Contract to the next lower bidder. 10. PERFORMANCE/ PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance /Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. 11. SAFETY Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA /WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the Work for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against any known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from danger all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the execution of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 12. PREVAILING WAGES 12.1 Wages of Employees. This contract is subject to the minimum wage requirements of Chapter 39.12 RCW and Chapter 49.28 RCW (as amended or supplemented). On Federal -aid projects, Federal wage laws and rules also apply. The Hourly minimum rates for wages and fringe benefits are listed in Appendix B. When Federal wage and fringe benefit rates are listed, the rates match those identified by the U.S. Department of Labor's "Decision Number" shown in Appendix B. The Contractor, any subcontractor, and all individuals or firms required by Chapter 39.12 RCW, Chapter 296 -127 WAC, or the Federal Davis -Bacon and Related Acts (DBRA) to pay minimum prevailing wages, shall not pay any worker less than the minimum hourly wage rates and fringe benefits required by Chapter 39.12 RCW or the DBRA. Higher wages and benefits may be paid. When the project is subject to both State and Federal hourly minimum rates for wages and fringe benefits and when the two rates differ for similar kinds of labor, the Contractor shall not pay less than the higher rate unless the state rates are specifically preempted by Federal law. The Contractor shall ensure that any firm (Supplier, Manufacturer, or Fabricator) that falls under the provisions of Chapter 39.12 RCW because of the definition "Contractor" in Chapter 296- 127 -010 WAC, complies with all the requirements of Chapter 39.12 RCW. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 43 2016 RFB ver. 4 -15 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. 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. City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 44 2016 RFB ver. 4 -15 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. 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 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 45 2016 RFB ver. 4 -15 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 Assi. nq ment. 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 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 City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 46 2016 RFB ver. 4 -15 States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 19.11 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 19.12 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 19.13 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation and /or performance of this Contract, this Contract may be rendered null and void, at the City's option. 19.14 Conflicting Provisions. In the event of a conflict between the terms and provisions of any of the Contract Documents, the Mayor or his or her designee shall issue an interpretation of the controlling document, which interpretation shall be final and binding. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4-15 [Signature page follows] Page 47 RFB #16-002 2016 DATED the day and year set forth above. CITY OF FEDERAL WAY: By: ATTEST: nie Courtney, CMC, City Ierk APPROVED AS TO FORM: Mark Orthmann, Acting City Attorney STATE OF WASHINGTON COUNTY OF ) ss. J1��>n II by 13,1w,J - !'!/!� ca' Jim Ferrell, Mayor 2',/?0,10 33325 8th Avenue South Federal Way, WA 98003 -6325 R.W. SCOTT CONSTRUCTION CO By: Jeffery Scott, President 4005 West Valley Hwy N, Suite A Auburn, WA 98001 -2442 (253) 351 -0001 On this day personally appeared before me Jeffery Scott, to me known to be the President of R.W. Construction Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this �2 day of , 20 V1LUN041' E. +o. NOTARY i _(= Pusuc . is • or WIS City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 r�-�- .0 A/ /,ri.sodd (typed /printed frame of notary) Notary Public in and for the Sate of W shington. My commission expires 'ate Page 48 RFB #16-002 2016 EXHIBIT A a NOTICE. OF COMPLFTION OF PUBLIC WORKS C[NTlZA(1- Contractor's UBI Number. Date: Nance & Address of PLtblic Agency Department Use Onh assigned to: Datc Assigned_ ,U BI Number: ,Notice r:s hereby given relative to the rompie* on of corgrart or project desMbedbelow Froject Nam Contract Number Job Order Comtractinu ❑ Yes ❑ No DescriptRin o or` Done/Include Jobsite Address(e5) Federally find road transportation project? ❑ yes ❑ No on rac ors ame Telephone Number Affidavit Contractor Address If nape is Bonde& L is[ Surety's _ ;ame for attach a copy] ur9etl1 :ti Ant s Address Date Contract Awarded mate Work Commenced Date Work Completed Date Work Ac pied Contract Amount Additions i t Reductions Sub -Total Amount of Sales Tax Paid at 0.00 Liquidated Damages S Amount Disbursed S Amount Retained $ (311 -aria a rates ate, pwase sad a tseakdawn} $ TOTAL $ &00 f4iOTE, These two totals mint be equal Please Usl all Subconlractors and Sul► -hers Below: TOTAL $ 0.0 ISubeontracto s Naar.: 11 131 Number. {Required} l,Affidavit [I* 1-215-103& -Coo 07 -aU] 2 REV 31 0020e (071W12) City of Federal Way 2016 Pedestrian Improvement Program Page 50 RFB ver. 4 -15 i_ ,.:• � t i hued on pag-c = RFB #16 -002 2016 P[ez a Last all Subcontractors and Sub-tiers lkdoi : SubcontracLoes Name: URI Numbcr: (Required) .+ Mdavit 11}* Comments: Contact Warne: Title: Email Addm ss: Phone: Number: NO PAYMENT SHALL_ BE MAD FROM RETAINED FUV DS unti] rc,jpt of all m le alit certiiicaus. AMA MI UP - Prmide lcw%rn orrc s al this time. No LNI release will he granted until all al3"tda;•ids are cavgplete& Submitting Form Pteast submit the coTnple ltd, tOFm Lo a]t lhre agencies be]Gw. For a fasler msporl.92, please submit by t -mail. fee Washlrxlton Stare Department of Revenue Wastlingbon Stab.- #. Depermmm of labor and IndusiMs WaW&qm Sam grrpl UWK 9ecrtrriy DePrtanert Publle WorKs Section Comract Mease wgftwoon, Inw", Smudeft 8 Pr &1K 47.E L FO 2o[ 44273 CAMMIM to M 4k* O"a WA W,504 -7473 Qt npta, WA X4272 PO 9M 9D46 I26Vj 72Fr7599 OW 902 -5772 €71j MPla WA9GW7 -9D& FAX MO'.. 6"4159 FAX 12601 9U-607 (3M) M -94513 PY4 tx.wa.px CDnts lReleasaOri.wapx Paz t35M9024 ' Por Lax assistanz, or to lequmt this document in an atlemate. format, visit http :1ldDrwa ,gar call 1- 800 -- 7 -7706. Teletype (TTY) users may call 1,33601705 -6715. MS-W 3-0ID07 -?ol2 REV -1I 0020e {C'iJW12) City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 51 2016 RFB ver. 4 -15 PROJECT NUMBER PROJECT TITLE EXHIBIT B CITY OF FEDERAL WAY CONTRACT CHANGE ORDER AGREEMENT CHANGE ORDER NUMBER SUMMARY OF PROPOSED CHANGES: EFFECTIVE DATE CONTRACTOR The time provided for completion in the Contract is ❑ Unchanged ❑ Increased ❑ Decreased by Calendar Days. This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes ❑ No If "Yes" Will the Policies Be Extended? ❑ Yes ❑ No PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: DECREASE $ THE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE ITEM NO. ITEM TOTAL NET CONTRACT: QUANTITY UNIT PRICE ADD OR DELETE 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 SIGNATURE SIGNATURE City of Federal Way 2016 Pedestrian Improvement Program Page 52 RFB ver. 4 -15 DATE RFB # 16 -002 2016 DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY PAY THIS ADJUSTED AMOUNT *Adjustments: $ ❑ INCREASED $ ❑ DECREASED $ DEPARTMENT DIRECTOR'S SIGNATURE City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 53 2016 RFB ver. 4 -15 City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 -6325 253-835-7000 EXHIBIT C CONTRACTOR'S RETAINAGE AGREEMENT Bid /Contract Number IDENTIFICATION AND DESCRIPTION29,, �, 4/14, Project TM � ` .Q N v�1��% Contra LcJ i . . . Representative r d Bid No. Date -J / "Administering Department City Representative Funding Source Project Authority RETAINAGE FORMULA In accordance with applicable State Statutes, the following provisions will be made for the disposition of the retainage held for investment: 1. All investments selected below are subject to City approval. 2. Retainage under this agreement will be held in escrow by the �` "� i. f (referred to herein as the Bank), the terms of which are specified by separate e agreement. The cost of the investment program and the risk thereof is to be borne entirety by the contractor. 3. The final disposition of the contract retainage will be made in accordance with applicable statutes. CONTRACTORS INSTRUCTIONS Pursuant to RCW 60.28.010 I hereby notify the City of Federal Way of my instructions to Invest not to invest the retainage withheld under the terms of this contract. If the investment option is selected, please provide the following information: Name of Bank, Mutual Fund, or Savings & Loan Association: 1\ Address: i , I t'.. . k ,� . r 1 _ 0 i,(:1.- Account #: 4 - t ���t�� i ��.���� Contact Person: 34 o r , 1--.' ; el et 4 w , Con • ... . afetI 1 r//.I tk) Date: t S 4 >O I Lc By: ddress v .. �'r�/111/�J�C' +. ,id- .t > ,`Phone: ..`.l G 0 / Fed ID #: ct / - J' �-3 , • Est. Completion Date: CITY APPROVAL Approval of Investment Program and Retainage Agreement CERTIFICATION FOR RELEASE OF CONTRACT RETAINAGE bJA cj.ErW/ Finance Director Date Contract No. Project Title: I hereby certify, as Contract Ad for this Contract itµrex-titlng the City of Federal Way, that all work required by the above cited contract was completed on and final acceptance by the City was granted on I also certify that no liens have been received within 30 days from the above date from any person, persons, mechanics, subcontractors or materialman who has performed any work or provided any material of subject contract. Contract Administrator Director of Administering Department Also, please find attached certifications by the applicable state agendes of the receipt of: 1) Washington State Business Taxes (Washington State Dept. of Revenue); 2) Industrial Insurance Premiums (State Dept. of Labor & Industries); and 3) Employment Security, Unemployment Insurance Premiums (State of Washington Employment Security Dept.) City of Federal Way RFB #16-002 2016 Pedestrian Improvement Program Page 53 2016 RFB ver. 4 -15 EXHIBIT D RETAINAGE BOND TO CITY OF FEDERAL WAY 2016 PEDESTRIAN IMPROVEMENT PROGRAM KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, R.W. Scott Construction Company, as principal ( "Principal "), and , a Corporation organized and existing under the laws of the State of , as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ( "Surety"), are jointly and severally held and firmly bonded to the City of Federal Way ( "City") in the penal sum of: Twenty-Six Thousand One Hundred Eleven and 25/100 Dollars ($26,111.25) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the 2016 Pedestrian Improvement Project, which contract is incorporated herein by this reference ( "Contract "), and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5 %), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or materialmen who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of Five Hundred Twenty-Two Thousand Two Hundred Twenty-Five and No /100 Dollars ($522.225.00); and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty -five percent (25 %) of the original amount of this bond without consent of the Surety. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 54 RFB #16 -002 2016 Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead' prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of , 2016, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 55 PRINCIPAL By: Jeffery Scott, President 4005 West Valley Hwy N, Suite A Auburn, WA 98001 (253) 351 -0001 SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: RFB #16-002 2016 CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that Jeffery Scott, who signed the said bond on behalf of the Principal, was President of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary of Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. APPROVED AS TO FORM: Mark Orthmann, Acting City Attorney City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 56 Secretary of Assistant Secretary RFB #16 -002 2016 EXHIBIT E NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT TO: ALL EMPLOYEES AND TO: (Name of Union or Organization) The undersigned currently holds contract(s) with involving funds or credit of the City of Federal Way, Washington, or (a) subcontract(s) with a prime 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: Erik Preston, P.E. City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 57 el° „c-2„,f d (Contractor or subcontractor) Date RFB #16 -002 2016 EXHIBIT F CERTIFICATE OF INSURANCE City of Federal Way RFB #16 -002 2016 Pedestrian Improvement Program Page 59 2016 RFB ver. 4 -15 1 1 1 1 1 1 lient #: SCOTRW ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 8/11/2016 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT Tabitha Tomlinson NAME: PHONE 800 499 -0933 FAX (A/C, No, Est): (NC, No): $66.577.1326 E-MAIL Tabitha.Tomlinson ro Imsurance.com ADDRESS: @p I� INSURER(S) AFFORDING COVERAGE NAIC S INSURER A: Travelers Indemnity Company 25658 INSURED R.W. Scott Construction Co. 4005 West Valley Hwy N. Suite A Auburn, WA 98001 INSURER B: Travelers Property Casualty Coo 25674 Travelers Indemnity Company of INSURER c : ty P Y 25666 INSURER D : The Phoenix Insurance Company 25623 INSURER E MED EXP (Any one person) INSURER F : 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 INSR WVD POLICY NUMBER (MM/DD/YYEYYY) (MM/DDY/YEYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X DTCO6B389130IND 03/31/2016 03/31/2017 EACH OCCURRENCE $1,000,000 PRE MISES (E ENr ante) $300,000 $5,000 MED EXP (Any one person) CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 X PD Ded: $2,500 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP /OP AGG $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY n Ter- n LOC $ D AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED HIRED SAUTOS X SCHEDULED AUTOS NON -OWNED AUTOS X X DT8106B389130IND 03/31 /2016 03/31 /2017 (E° adenD SINGLE LIMIT 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE DTSMCUP6B389130 03/31/2016 03/31/2017 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED I X RETENT ON $10,000 WA Stop Gap DTCO6B3891301ND 03/31/2016 03/31/2017 WC ORY LIMITS R OTH - E A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVEY OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below /N N N / A E.L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 QT6605C527307C0 03/31/2016 03/31/2017 $100,000 Limit $1,000 Deductible C Leased /Rented DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space s required) RE: 2016 Pedestrian Improvement Program (RFB 16 -002). The City of Federal Way, its officers, officials, employees, volunteers, and agents are additional insured per the attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave 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) 1 of 1 #S2333380/M2126431 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KTROO This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section 81 — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. CG D2 46 08 05 The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: Q 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit ", cooperate with us in the investigation or settlement of the claim or defense against the "suit ", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot B. Damage To Premises Rented To You C. Increased Supplementary Payments D. Incidental Medical Malpractice E. Who Is An Insured — Newly Acquired Or Formed Organizations F. Who Is An Insured — Broadened Named Insured — Unnamed Subsidiaries G. Blanket Additional Insured — Owners, Managers Or Lessors Of Premises PROVISIONS A. AIRCRAFT CHARTERED WITH PILOT The following is added to Exclusion g., Aircraft, Auto Or Watercraft, in Paragraph 2. of SECTION I — COVERAGES — COVERAGE A BODILY IN- JURY AND PROPERTY DAMAGE LIABILITY: This exclusion does not apply to an aircraft that is: (a) Chartered with a pilot to any insured; (b) Not owned by any insured; and (c) Not being used to carry any person or prop- erty for a charge. B. DAMAGE TO PREMISES RENTED TO YOU 1. The first paragraph of the exceptions in Ex- clusion j., Damage To Property, in Para- graph 2. of SECTION I — COVERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is deleted. 2. The following replaces the last paragraph of Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A. BODILY CG D3 16 11 11 H. Blanket Additional Insured — Lessors Of Leased Equipment I. Blanket Additional Insured — States Or Political Subdivisions — Permits J. Knowledge And Notice Of Occurrence Or Offense K. Unintentional Omission L. Blanket Waiver Of Subrogation M. Amended Bodily Injury Definition N. Contractual Liability — Railroads INJURY AND PROPERTY DAMAGE LI- ABILITY: Exclusions c. and g. through n. do not apply to "premises damage ". Exclusion f.(1)(a) does not apply to "premises damage" caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water; unless Exclusion f. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by another endorsement to this Coverage Part that has Exclusion — All Pollu- tion Injury Or Damage or Total Pollution Ex- clusion in its title. A separate limit of insurance applies to "premises damage" as described in Para- graph 6. of SECTION III — LIMITS OF IN- SURANCE. © 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- TION III — LIMITS OF INSURANCE: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under Coverage A for damages because of "premises damage" to any one premises. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occur- rence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be: a. The amount shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part; or b. $300,000 if no amount is shown for the Damage To Premises Rented To You Limit on the Declarations of this Coverage Part. 4. The following replaces Paragraph a. of the definition of "insured contract" in the DEFINI- TIONS Section: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for "premises damage" is not an "insured contract "; 5. The following is added to the DEFINITIONS Section: "Premises damage" means "property dam- age" to: a. Any premises while rented to you or tem- porarily occupied by you with permission of the owner; or b. The contents of any premises while such premises is rented to you, if you rent such premises for a period of seven or fewer consecutive days. 6. The following replaces Paragraph 4.b.(1)(b) of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: (b) That is insurance for "premises damage "; or 7. Paragraph 4.b.(1)(c) of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is deleted. Page 2 of 6 C. INCREASED SUPPLEMENTARY PAYMENTS 1. The following replaces Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGE: b. Up to $2,500 for the 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 fur- nish these bonds. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- AGES A AND B of SECTION I — COVER- AGES: 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. D. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to the definition of "oc- currence" in the DEFINITIONS Section: "Occurrence" also means an act or omission committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to a person. 2. The following is added to Paragraph 2.a.(1) of SECTION I1— WHO IS AN INSURED: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- ing to provide: (i) "Incidental medical services" by any of your "employees" who is a nurse practi- tioner, registered nurse, licensed practical nurse, nurse assistant, emergency medi- cal technician or paramedic; or (ii) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers ", other than an employed or vol- unteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan ser- vices" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your busi- ness. © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 3. The following is added to Paragraph 5. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applica- ble Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services ", first aid or "Good Samaritan services" to any one per- son will be deemed to be one "occurrence". 4. The following exclusion is added to Para- graph 2., Exclusions, of SECTION I — COV- ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuti- cals committed by, or with the knowledge or consent of, the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. "Good Samaritan services" means any emer- gency medical services for which no compen- sation is demanded or received. 6. The following is added to Paragraph 4.b., Ex- cess Insurance, of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDI- TIONS: The insurance is excess over any valid and collectible other insurance available to the in- sured, whether primary, excess, contingent or on any other basis, that is available to any of your "employees" or "volunteer workers" for "bodily injury" that arises out of providing or failing to provide "incidental medical ser- vices", first aid or "Good Samaritan services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. E. WHO IS AN INSURED — NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following replaces Paragraph 4. of SECTION II — WHO IS AN INSURED: CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 4. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, of which you are the sole owner or in which you maintain the ma- jority ownership interest, will qualify as a Named Insured if there is no other insurance which provides similar coverage to that or- ganization. However: a. Coverage under this provision is afforded only: (1) Until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, if you do not report such organization in writing to us within 180 days after you acquire or form it; or (2) Until the end of the policy period, when that date is later than 180 days after you acquire or form such organization, if you report such organization in writing to us within 180 days after you acquire or form it, and we agree in writing that it will con- tinue to be a Named Insured until the end of the policy period; 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 in- jury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. F. WHO IS AN INSURED — BROADENED NAMED INSURED — UNNAMED SUBSIDIARIES The following is added to SECTION II — WHO IS AN INSURED: Any of your subsidiaries, other than a partnership, joint venture or limited liability company, that is not shown as a Named Insured in the Declara- tions is a Named Insured if you maintain an own- ership interest of more than 50% in such subsidi- ary on the first day of the policy period. No such subsidiary is an insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such sub- sidiary. © 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, MANAGERS OR LESSORS OF PREMISES The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is a premises owner, manager or lessor and that you have agreed in a written contract or agreement to in- clude as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Arises out of the ownership, maintenance or use of that part of any premises leased to you The insurance provided to such premises owner, manager or lessor is subject to the following pro- visions: a. The limits of insurance provided to such premises owner, manager or lessor will be the minimum limits which you agreed to pro- vide in the written contract or agreement, or the limits shown on the Declarations, which- ever are less. b. The insurance provided to such premises owner, manager or lessor does not apply to: (1) Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense that is committed, after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such premises owner, lessor or manager. c. The insurance provided to such premises owner, manager or lessor is excess over any valid and collectible other insurance available to such premises owner, manager or lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this in- surance must be primary to, or non- contributory with, such other insurance, in which case this insurance will be primary to, and non - contributory with, such other insur- ance. Page 4 of 6 H. BLANKET ADDITIONAL INSURED — LESSORS OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS AN INSURED: Any person or organization that is an equipment lessor and that you have agreed in a written con- tract or agreement to include as an insured on this Coverage Part is an insured, but only with re- spect to liability for "bodily injury", "property dam- age", "personal injury" or "advertising injury" that: a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit- ted, subsequent to the execution of that con- tract or agreement; and b. Is caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such equipment lessor. The insurance provided to such equipment lessor is subject to the following provisions: a. The limits of insurance provided to such equipment lessor will be the minimum limits which you agreed to provide in the written contract or agreement, or the limits shown on the Declarations, whichever are less. b. The insurance provided to such equipment lessor does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense that is committed, after the equipment lease expires. c. The insurance provided to such equipment lessor is excess over any valid and collectible other insurance available to such equipment lessor, whether primary, excess, contingent or on any other basis, unless you have agreed in the written contract or agreement that this insurance must be primary to, or non - contributory with, such other insurance, in which case this insurance will be primary to, and non - contributory with, such other in- surance. I. BLANKET ADDITIONAL INSURED — STATES OR POLITICAL SUBDIVISIONS — PERMITS The following is added to SECTION II — WHO IS AN INSURED: Any state or political subdivision that has issued a permit in connection with operations performed by you or on your behalf and that you are required © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage ", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products- completed operations hazard ". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership, joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: (a) Any individual who is: (i) A partner or member of any part- nership or joint venture; CG D3 16 11 11 (3) COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (iii) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: © 2011 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. Page 6 of 6 © 2011 The Travelers Indemnity Company. All rights reserved. CG D3 16 11 11 e R.W. Scott Construction Co. 03/31/2016 rem o� Ormesolo VIMOMMEIO IQs ■ U 13575 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): ANY DESIGNATED PROJECT(S) YOU ARE REQUIRED TO INCLUDE A DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT COVERAGE ON THIS POLICY BY A WRITTEN CONTRACT OR WRITTEN AGREEMENT IN EFFECT DURING THIS POLICY PERIOD AND SIGNED AND EXECUTED BY YOU PRIOR TO THE LOSS FOR WHICH COVERAGE IS SOUGHT. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION t), and for all medical expenses caused by accidents un- der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag- gregate Limit applies to each designated "pro- ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched- uled above. 2. The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard ", and for medi- cal expenses under COVERAGE C, regard- less of the number of: a. Insureds: b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". CG 02 11 01 04 Designated Project General Aggregate(s): $GENERAL AGGREGATE LIMIT SHOWN ON THE DECLARATIONS 3. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig- nated Project General Aggregate Limit for that designated "project ". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re- duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag- gregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A. (SECTION I). and for all medical expenses caused by accidents un- der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig- nated "project" shown in the Schedule above: Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 R.W. Scott Construction Co. 03/31/2016 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Ag- gregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Project General Aggregate Limit. C. Part 2. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b. Damages from "occurrences" under COVERAGE A (SECTION 1) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D. When coverage for liability arising out of the "products- completed operations hazard" is pro- Page 2 of 2 vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per- forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con- nection is interrupted only by a street, roadway, waterway or right -of -way of a railroad shall be considered a single "project ". F. The provisions of SECTION III — LIMITS OF INSURANCE not otherwise modified by this en- dorsement shall continue to apply as stipulated. Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which CA T3 53 02 15 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL PROPERTY K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COV- ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto ". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "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. Page 2 of 4 (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (i) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (ii) Neither you nor any other involved "insured" will make any settlement without our consent. (iii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit ". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit ", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (d) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident ". I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured "; and CA T3 53 02 15 COMMERCIAL AUTO (2) In or on your covered "auto ". This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to this Personal Property coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss ". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss ". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract signed and executed prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: Page 4 of 4 The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. © 2015 The Travelers Indemnity Company. All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. EXHIBIT G CITY OF FEDERAL WAY PERFORMANCE /PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: Bond No. 09224334 We, the undersigned R.W. Scott Construction Co. , ( "Principal ") and Fidelity and Deposit Company of Maryland , the undersigned corporation organized and existing under the laws of the State of Maryland and legally doing business in the State of Washington as a surety ( "Surety "), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ( "City") in the penal sum of Five Hundred Twenty Two Thousand Two Hundred Twenty Five and 00/1tollars and no /100 ($ 522,225.00 ) 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 an Agreement with the City dated 00 of for 2016 Pedestrian Improvement Program NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25 %) 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 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page ' RFB #16 -002 2016 to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale IIIrovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com - Always Verify Scale Bond No.09224334 In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation in accordance with the mediation procedures of United States Arbitration and Mediation ( "USA &M "). The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by the Seattle USA &M office, 4300 Two Union Square, 601 Union Street, Seattle, Washington 98101 -2327. The Surety shall not interplead prior to completion of the mediation. DATED this 11th day of August CORPORATE SEAL OF PRINCIPAL: 2016 PRINCIPAL R.W. Scott Construction Co. By: --, ' S r- —yam (Nam of Person Executing Bond) Its: / /"psi (Title) RAT/ /4 t/�S R% 7 0 / 4w4t urn / (Address) a s3 3S/ -DP0/ (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond-;/that . J�'Ao er 7 , who signed the said bond on behalf of the Principal, was _ 4rrsto4e.l1– f of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary [For LLC's with one officer only, use the notary block below and DELETE Certificate of Corporate Seal] STATE OF WASHINGTON COUNTY OF ) ss. On this day personally appeared before me , to me known to be the of _ 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 /she was authorized to execute said instrument. GIVEN my hand and official seal this _ day of _ , 20_. Notary's signature Notary's printed name City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 60 RFB #16 -002 2016 1rovided to Builders Exchange of WA, Inc. For usage Conditions Agreement see www.bxwa.com Always Verify Scale Notary Public in and for the State of Washington. My commission expires CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: A , City Attorney, AC4: u/ a,/' k City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 BY: Page 6$ Bond No. 09224334 SURETY Fidelity and Deposit Comp Attorney -in -Fact Alice (Attach Power of Attorney) I, • Aliceon A. Keltner, Attorney -in -F (Name of Person Executing 800 Fifth Avenue, Suite 3800 1 Seattle, WA 98104 (Address) (206) 622 -1101 (Phone) RFB #16 -002 2016 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies "), by THOMAS 0. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Aliceon A. KELTNER, Cynthia L. JAY, Peggy A. FIRTH, Eric A. ZIMMERMAN and James B. BINDER, all of Seattle, Washington, EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice - President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 2nd day of October, A.D. 2015. Secretary Eric D. Barnes ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Via. ifiK6ua Vice President Thomas 0. McClellan State of Maryland County of Baltimore On this 2nd day of October, A.D. 2015, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Maria D. Adamski, Notary Public My Commission Expires: July 8, 2019 POA -F 180 -2849C EXTRACT FROM BY -LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meetin+ duly called and held on the 10th day of May, 1990. • * . j ESOfV.ED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature etPretident, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon on a 4 o* �■ fed opx .at' power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as onh manuatly,pffixed. 1 "fArt .► • tINTESTI J1 WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, t, 1 ayrof _ Lk. , 20 IL". } 3", Gerald F. Haley, Vice President EXHIBIT H TITLE VI ASSURANCES During the performance of this contract, the contractor /consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor ") 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 62 RFB #16 -002 2016 6. Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub - contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub - contractor or supplier as a result of such direction, the contractor may request WSDOT enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 63 RFB #16-002 2016 This page left blank intentionally. INTRODUCTION TO THE SPECIAL PROVISIONS The following Special Provisions, which include applicable Amendments to the Standard Specifications, shall be used in conjunction with the 2014 Standard Specifications for Road, Bridge and Municipal Construction, as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "Standard Specifications ". The Standard Specifications, except as they may be modified or superseded by these Special Provisions, shall govern all phases of work under this contract, and they are by reference made an integral part of these specifications and contract as if herein fully set forth. Also incorporated into the Contract Documents by reference are: • Manua/ 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 Electrical Code, current edition. • King County Road Standards - 2007 • City of Federal Way Public Works Development Standards These publications are incorporated in this contract by this reference as if set forth herein in full. The Contractor's attention is called to the fact that said publications contain general conditions to this contract as well as construction details. The Contractor shall obtain copies of these publications, at Contractor's own expense. DESCRIPTION OF WORK The Work to be performed under this Contract consists of furnishing materials, tools, labor, and other work or items incidental thereto (excepting any materials, equipment, utilities or service, if any, specified herein to be furnished by the Owner or others), and performing all Work as required by the Contract in accordance with the Contract Documents, all of which are made a part hereof. This project provides for the construction, sequencing and traffic control of improvements to certain streets, shoulders and sidewalks in eight (8) locations within the City of Federal Way as listed below and in the following pages. The project includes, but is not limited to the furnishing and installation of specialty signage, bases, poles and standard signage poles and bases, the acquisition, haul and compaction of inorganic native fill, removal and installation of concrete sidewalks, curbs, and asphalt pavement, installation of ADA accessible ramps with detectable warning surfaces, installation of pedestrian refuge islands with detectable warning surfaces as detailed, pavement markings, sign removals and relocations, and all items necessary to complete the work described in the contract documents. Work will be conducted at eight (8) locations in the City of Federal Way as shown on the plans, vicinity map, and as noted below. Schedule A: Military Rd S / S 282nd St Schedule B: SW 312th St west of 4th Ave SW Schedule C: Pete Von Riechbauer Way S north of S 318th PI Schedule D: S 320th St west of 5th Ave S Schedule E: SW 320th St west of 6th Ave SW City of Federal Way 2016 Pedestrian Improvement Program Page 65 RFB ver. 4 -15 RFB # 16 -002 2016 Schedule F: SW 320th St east of 18th Ave SW Schedule G: 21st Ave SW south of SW 322nd PI Schedule H: 21st Ave SW north of SW 330th St The Contractor shall not open any new crosswalks to the public at any location that has a two -way left -turn lane until the installation of Specialty Signs, Poles, Bases, and all facilities are completely operational. The Contractor shall install methods of closure of the crossings and maintain the closure of the crossings until crossings are fully operational. DIVISION 1 GENERAL REQUIREMENTS The General Requirements shall be as outlined in the 2016 WSDOT /APWA Standard Specifications, together with the APWA Supplement (Division 1 -99), except as modified by these Special Provisions. 1 -01 DEFINITIONS AND TERMS 1 -01.3 Definitions (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. City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 66 2016 RFB ver. 4 -15 Final Acceptance Date The date on which the Contracting Agency accepts the Work as complete. 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. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 67 RFB # 16 -002 2016 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 ") 5 Furnished automatically upon award. Contract Provisions 5 Furnished automatically upon award. Large plans (e.g., 22" x 34 ") 2 Furnished only upon request. Additional plans and Contract Provisions may be obtained by the Contractor from the source stated in the Call for Bids, at the Contractor's own expense. 1- 02.4(2) Subsurface Information (March 8, 2013 APWA GSP) The second sentence in the first paragraph is revised to read: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 68 RFB # 16 -002 2016 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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). 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. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 69 RFB # 16 -002 2016 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. 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: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 70 RFB # 16 -002 2016 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. 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 Proposals (May 4, 2012 APWA GSP) Delete this section and replace it with the following: Proposals will be opened and publicly read at the time indicated in the Call for Bids, after the deadline(s) for submitting all elements of the Bid Proposal including DBE Written Confirmation Documents and /or Good Faith Effort Documentation, unless the Bid opening has been delayed or canceled. Bidders, their authorized agents, and other interested parties are invited to be present. 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; 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, City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 71 RFB # 16 -002 2016 1 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; k. The Bid Proposal does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or , 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 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 1 the U.S. government's "System for Award Management" database (www.sam.gov). 3. Subcontractor Responsibility City of Federal Way RFB # 16 -002 111 2016 Pedestrian Improvement Program Page 72 2016 RFB ver. 4 -15 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; • A written explanation of the circumstances surrounding each claim and the ultimate resolution of the claim. 6. Public Bidding Crime City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 73 RFB # 16 -002 2016 1 A Criterion: The Bidder and /or its owners shall not have been convicted of a crime 1 involving bidding on a public works contract in the five years prior to the bid 1 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 1 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 I 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 I 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 1 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 1 A Criterion: The Bidder shall not have lawsuits with judgments entered against the I 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 1 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 1 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 III 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 1 stated above, the apparent two lowest Bidders must submit to the Contracting Agency by 12:00 P.M. (noon) of the second business day following the bid submittal deadline, a written statement verifying that the Bidder meets all of the mandatory and supplemental criteria I 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 I 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 City of Federal Way RFB # 16 -002 1 2016 Pedestrian Improvement Program Page 74 2016 RFB ver. 4 -15 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: 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. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 75 RFB # 16 -002 2016 7. Any other information or action taken that is deemed necessary to ensure that the bidder is the lowest responsible bidder. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 76 RFB # 16 -002 2016 1.3 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 5 calendar days after the award date, the successful bidder shall return the signed Contracting Agency- prepared contract, an insurance certification as required by Section 1- 07.18, and a satisfactory bond as required by law and Section 1 -03.4. Before execution of the contract by the Contracting Agency, the successful bidder shall provide any pre -award information the Contracting Agency may require under Section 1- 02.15. Until the Contracting Agency executes a contract, no proposal shall bind the Contracting Agency nor shall any work begin within the project limits or within Contracting Agency- furnished sites. The Contractor shall bear all risks for any work begun outside such areas and for any materials ordered before the contract is executed by the Contracting Agency. If the bidder experiences circumstances beyond their control that prevents return of the contract documents within the 5 calendar days after the award date stated above, the Contracting Agency may grant up to a maximum of 5 additional calendar days for return of the documents, provided the Contracting Agency deems the circumstances warrant it. 1 -03.4 Contract Bond (December 8, 2014 APWA GSP) Revise the first paragraph to read: 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 77 RFB # 16 -002 2016 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). 1 -03.7 Judicial Review (July 23, 2015 APWA GSP) Revise this section to read: Any decision made by the Contracting Agency regarding the Award and execution of the Contract or Bid rejection shall be conclusive subject to the scope of judicial review permitted under Washington Law. Such review, if any, shall be timely filed in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.05 shall control venue and jurisdiction. 1 -04 SCOPE OF 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: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 78 RFB # 16 -002 2016 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 -04.6 Variation in Estimated Quantities Section 1 -04.6 is supplemented with the following: Section 1 -04.6 of the Standard Specifications shall apply except that payment of any one item shall be at the appropriate unit contract price bid, regardless of whether the total quantity increases or decreases by more than twenty-five percent (25 %). 1 -05 CONTROL OF WORK 1- 05.1(A)Determination of "Or Equivalent" NEW SECTION The Engineer will be the sole judge in the question of "or equivalent" of any supplies or materials proposed by the Contractor. The Contractor shall pay to the Owner the cost of tests and evaluation by the Engineer to determine acceptability of alternates proposed by the Contractor, in accordance with the established rates of the Engineer for time and expense work, the total cost of which may be offset by the Owner against the Contract price. 1 -05.4 Conformity With and Deviations from Plans and Stakes Supplement this section with the following: 1- 05.4(1) Roadway and Utility Surveys NEW SECTION (July 23, 2015 APWA GSP, Option 1) The Engineer shall furnish to the Contractor one time only all principal lines, grades, and measurements the Engineer deems necessary for completion of the work. These shall generally consist of one initial set of: 1. Slope stakes for establishing grading; 2. Curb grade stakes; 3. Centerline finish grade stakes for pavement sections wider than 25 feet; and 4. Offset points to establish line and grade for underground utilities such as water, sewers, and storm drains. On alley construction projects with minor grade changes, the Engineer shall provide only offset hubs on one side of the alley to establish the alignment and grade. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 79 RFB # 16 -002 2016 Supplement this section with the following: 1- 05.4(2) Bridge and Structure Surveys NEW SECTION (July 23, 2015 APWA GSP, Option 2) For all structural work such as bridges and retaining walls, the Contractor shall retain as a part of Contractor's organization an experienced team of surveyors. The Contractor shall provide all surveys required to complete the structure, except the following primary survey control which will be provided by the Engineer: 1. Centerline or offsets to centerline of the structure. 2. Stations of abutments and pier centerlines. 3. A sufficient number of bench marks for levels to enable the Contractor to set grades at reasonably short distances. 4. Monuments and control points as shown in the Plans. The Contractor shall establish all secondary survey controls, both horizontal and vertical, as necessary to assure proper placement of all project elements based on the primary control points provided by the Engineer. Survey work shall be within the following tolerances: Stationing ± 0.01 foot Alignment ± 0.01 foot (between successive points) Superstructure Elevations ± 0.01 foot (from plan elevations) Substructure Elevations ± 0.05 foot (from plan elevations) During the progress of the work, the Contractor shall make available to the Engineer all field books including survey information, footing elevations, cross sections and quantities. The Contractor shall be fully responsible for the close coordination of field locations and measurements with appropriate dimensions of structural members being fabricated. For all structural work such as bridges and retaining walls, the Contractor shall retain as a part of Contractor's organization an experienced team of surveyors. The Contractor shall provide all surveys required to complete the structure, except the following primary survey control which will be provided by the Engineer: 5. Centerline or offsets to centerline of the structure. 6. Stations of abutments and pier centerlines. 7. A sufficient number of bench marks for levels to enable the Contractor to set grades at reasonably short distances. 8. Monuments and control points as shown in the Plans. The Contractor shall establish all secondary survey controls, both horizontal and vertical, as necessary to assure proper placement of all project elements based on the primary control points provided by the Engineer. Survey work shall be within the following tolerances: Stationing +.01 foot Alignment +.01 foot (between successive points) Superstructure Elevations +.01 foot (from plan elevations) Substructure Elevations +.05 foot (from plan elevations) City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 80 2016 RFB ver. 4 -15 1 I During the progress of the work, the Contractor shall make available to the Engineer all field 9 P 9 � 0 9 books including survey information, footing elevations, cross sections and quantities. 1 The Contractor shall be fully responsible for the close coordination of field locations and measurements with appropriate dimensions of structural members being fabricated. 1 -05.7 Removal of Defective and Unauthorized Work (October 1, 2005 APWA GSP) ISupplement this section with the following: I 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 1 Agency may deem necessary. If the Contractor fails to comply with a written order to remedy what the Engineer determines I 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 I 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 Toss or damage to the public. I 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 l 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. INo 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 1 by this Section. The rights exercised under the provisions of this section shall not diminish the Contracting l 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. I1 -05.11 Final Inspection Delete this section and replace it with the following: 1 1 -05.11 Final Inspections and Operational Testing (October 1, 2005 APWA GSP) 1 1- 05.11(1) Substantial Completion Date I City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 81 2016 RFB ver. 4 -15 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. 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 82 RFB # 16 -002 2016 1 1 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 I 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 I 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 I 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. 1 The costs for power, gas, labor, material, supplies, and everything else needed to successfully complete operational testing, shall be included in the unit contract prices related to the system being tested, unless specifically set forth otherwise in the proposal. I Operational and test periods, when required by the Engineer, shall not affect a manufacturer's guaranties or warranties furnished under the terms of the contract. I1- 05.12(1) One -Year Guarantee Period NEW SECTION (March 8, 2013 APWA GSP) 1 The Contractor shall return to the project and repair or replace all defects in workmanship and material discovered within one year after Final Acceptance of the Work. The I Contractor shall start work to remedy any such defects within 7 calendar days of receiving Contracting Agency's written notice of a defect, and shall complete such work within the time stated in the Contracting Agency's notice. In case of an emergency, where damage may result from delay or where loss of services may result, such corrections may be made ' by the Contracting Agency's own forces or another contractor, in which case the cost of corrections shall be paid by the Contractor. In the event the Contractor does not accomplish corrections within the time specified, the work will be otherwise accomplished 1 and the cost of same shall be paid by the Contractor. When corrections of defects are made, the Contractor shall then be responsible for I correcting all defects in workmanship and materials in the corrected work for one year after acceptance of the corrections by Contracting Agency. I This guarantee is supplemental to and does not limit or affect the requirements that the Contractor's work comply with the requirements of the Contract or any other legal rights or remedies of the Contracting Agency. 1 1 -05.13 Superintendents, Labor and Equipment of Contractor (August 14, 2013 APWA GSP) 1 Delete the sixth and seventh paragraphs of this section. 1 I City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 83 2016 RFB ver. 4 -15 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 electronically delivered copies of correspondence will not constitute such notice and will not comply with the requirements of the Contract. 1 -05.16 Water and Power NEW SECTION (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 -05.17 Oral Agreements NEW SECTION (October 1, 2005 AWPA GSP) No oral agreement or conversation with any officer, agent, or employee of the Contracting Agency, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the documents comprising the contract. Such oral agreement or conversation shall be considered as unofficial information and in no way binding upon the Contracting Agency, unless subsequently put in writing and signed by the Contracting Agency. 1 -06 CONTROL OF MATERIAL 1- 06.1(4) Fabrication Inspection Expense (June 27, 2011 AWPA GSP) Delete this section in its entirety. 1 -06.6 Recycled Materials NEW SECTION (January 4, 2016 APWA GSP) Delete this section, including its subsections, and replace it with the following: 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. 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. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 84 RFB # 16 -002 2016 1 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. ' 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. I 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. 1 The Contracting Agency will pay the retained percentage (or release the Contract Bond if a 1 FHWA- funded Project) only if the Contractor has obtained from the Washington State 1 1 City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 85 2016 RFB ver. 4 -15 1 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 amounts, including those that the Contractor pays on the purchase of the materials, equipment, or supplies used or consumed in doing the work. 1- 07.2(2) State Sales Tax — Rule 170 WAC 458 -20 -170, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the state of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such power lines become a part of a street or road lighting system; and installing or attaching of any article of tangible personal property in or to real property, whether or not such personal property becomes a part of the realty by virtue of installation. For work performed in such cases, the Contractor shall collect from the Contracting Agency, retail sales tax on the full contract price. The Contracting Agency will automatically add this sales tax to each payment to the Contractor. For this reason, the Contractor shall not include the retail sales tax in the unit bid item prices, or in any other contract amount subject to Rule 170, with the following exception. Exception: The Contracting Agency will not add in sales tax for a payment the Contractor or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or consumable supplies not integrated into the project. Such sales taxes shall be included in the unit bid item prices or in any other contract amount. 1- 07.2(3) Services The Contractor shall not collect retail sales tax from the Contracting Agency on any contract wholly for professional or other services (as defined in Washington State Department of Revenue Rules 138 and 244). 1 -07.5 Environmental Regulations Section 1 -07.5 is supplemented with the following: In addition to the requirements of Section 1 -07.5 of the Standard Specifications, the Contractor shall comply with all applicable Federal, State, County and City environmental provisions of law including, but not limited to, the following: City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 86 2016 RFB ver. 4 -15 City of Federal Way: Zoning Code and Noise Ordinance King County: Ordinance No. 1488 Resolution No. 18801 Resolution No. 25789 Puget Sound Air Pollution Control Agency: Regulation No. 1 Resolution No. 194 The above environmental provisions are incorporated into this contract by this reference as if set forth herein in full. Copies of the City of Federal Way Provisions are available for perusal at the Public Works Department. The Contractor shall be liable for the payment of all fines and penalties resulting from failure to comply with the federal, state, and local pollution control regulations. 1- 07.5(5) Archaeological and Historic Preservation New Section The Contractor shall notify the Engineer if any artifacts, skeletal remains, or other archaeological resources (as defined under RCW 27.53.040) are unearthed during excavation or otherwise discovered on the construction site. If ordered by the Engineer, the Contractor shall immediately suspend any construction activity which, in the opinion of the Engineer, would be in violation of RCW 27.53. Suspension of the work shall remain in effect until the Engineer has obtained permission to proceed from the State Historic Preservation Officer. 1 -07.6 Permits and Licenses Section 1 -07.6 is supplemented with the following: The Contractor shall procure at his own expense all permits and licenses which are necessary and incidental to his operation in the performance of the work and give all notices required by such permits and licenses. A copy of each permit and license shall be furnished to the Engineer upon request. The Contractor shall be required to have a valid Owner business license and shall provide proof of same prior to execution of the contract. 1 -07.9 Wages Section 1 -07.9 is supplemented with the following: The Washington State prevailing wage rates published by the Department of Labor and Industries and the Davis -Bacon wage rates for the State of Washington will be incorporated into each contract as applicable. When a public works project is subject to the provisions of the Washington State public works law and the Federal Davis -Bacon and related acts, the Contractor and every subcontractor on that project must pay at least the Washington State prevailing wage rates, if they are higher than the federal prevailing wage rates for the project. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 87 RFB # 16 -002 2016 The Owner has included a schedule of the applicable Department of Labor and Industries published Washington State prevailing wage rates in the contract documents (Appendix C). The Contractor must do the same with contracts with all subcontractors (WAC 296- 127 -011). Bidders should be aware that the wage rates to apply during the entire contract period are those in effect on the day of bid opening unless the contract is not awarded within six months of this date. For bidding purposes each bidder shall be responsible for supplying himself with the appropriate wage rates. 1- 07.9(5) Required Documents (January 24, 2011 APWA GSP) Supplement this section with the following: The Contractor or subcontractor directly contracting for "Off -Site, Prefabricated, Non - Standard, Project Specific Items" as defined below shall identify and report information required on the addendum to the "Affidavit of Wages Paid" form filed with the Department of Labor and Industries [form F700- 164 -000]. The Contractor shall include language in its subcontracts requiring subcontractors and lower -tier subcontractors to comply with the reporting requirements for "Off -Site, Prefabricated, Non - Standard, Project Specific Item" on the Affidavit of Wages Paid form addendum. The reporting requirement for Items shall apply for all public works contracts estimated to cost over $1 million entered into by the Contracting Agency and Contractor between September 1, 2010 through December 31, 2015. "Off -site, prefabricated, nonstandard, project specific items" means products or items that are: 1. Made primarily of architectural or structural precast concrete, fabricated steel, pipe and pipe systems, or sheet metal and sheet metal duct work; and 2. Produced specifically for this Project and not considered to be regularly available shelf items; and 3. Produced or manufactured by labor expended to assemble or modify standard items; and 4. Produced at an off -site location outside the State of Washington. The Contractor or subcontractor shall comply with the reporting requirements and instructions on the Affidavit of Wages Paid form, and shall report the following information on the Affidavit of Wages Paid form submitted to the Department of Labor and Industries in order to comply with the reporting requirements for use of "Off -Site, Prefabricated, Non - Standard, Project Specific" items: 1. The estimated cost of the project; 2. The name of the Contracting Agency and the project title; 3. The contract value of the off -site, prefabricated, nonstandard, project specific items produced outside of Washington State, including labor and materials; and 4. The name, address, and federal employer identification number of the contractor that produced the off -site, prefabricated, nonstandard, project specific items. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 88 RFB # 16 -002 2016 The Contracting Agency may direct the Contractor, at no additional cost to the Contracting Agency, to remove and substitute any subcontractor(s) found to be out of compliance with the "Off -Site Prefabricated Non - Standard Project Specific Items" reporting requirements more than one time as determined by the Department of Labor and Industries. Supplement with the following: Employee labor descriptions used on Certified Payrolls shall coincide exactly with the labor descriptions on the minimum wage schedule in the Contract unless the Engineer approves an alternate method to identify labor used by the Contractor to compare with labor listed in the Contract Provisions. 1 -07.15 Temporary Water Pollution /Erosion Control Section 1 -07.15 is supplemented with the following: Temporary water pollution /erosion control work shall be performed as directed by the Engineer, as necessary to protect the project site and surrounding area, per this section of the Standard Specifications. All costs for temporary water pollution /erosion control work shall be incidental to other items of the contract, and no separate payment will be made. 1 -07.16 Protection and Restoration of Property 1- 07.16(1) Private /Public Property Section 1- 07.16(1) is supplemented with the following: The Contractor shall protect private or public property on or in the vicinity of the work site. He shall ensure that it is not removed, damaged, destroyed, or prevented from being used unless the contract so specifies. The Contractor shall not trespass upon private property and shall be responsible for all injury or damage to persons or property, directly or indirectly, resulting from his operations in completing this Work. He shall comply with the laws and regulations of the Owner, County, and State and Federal governments, relating to the safety of persons and property, and will be held responsible for and required to make good any injury or damage to persons or property caused by carelessness or neglect on the part of the Contractor or subcontractor(s), or any agent or employee of either during the progress of the Work and until its final acceptance. Property includes land, utilities, trees, landscaping, improvements legally on the right -of -way, markers, monuments, buildings, structures, pipe, conduit, sewer or water lines, signs, and other property of all description whether shown on the Plans or not. If the Engineer requests in writing, or if otherwise necessary, the Contractor shall at his expense install protection, acceptable to the Engineer, for property such as that listed in the previous paragraph. The Contractor is responsible for locating all property that is subject to damage by his operation. If the Contractor (or his agents /employees) damage, destroy, or interfere with the use of such property, he shall restore it to original condition at his expense. He shall also halt any City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 89 RFB # 16 -002 2016 interference with the property's use. The Engineer may have such property restored by other means and subtract the cost from money that will be or is due the Contractor if he refuses or does not respond immediately. The Contractor shall restore to a condition equal to the original condition improvements such as pavements, driveways, gravel shoulders, ditches, culverts, curb, curb and gutter, sidewalks, fences, pavement markings, mailboxes, traffic signs, traffic signal loops, landscaping, public and private utilities etc., which are damaged or removed (and not indicated to be removed) during construction, whether shown on the plans or not. All existing survey monuments and property corner markers shall be protected from movement by the Contractor. All existing markers and /or monuments that must be removed for construction purposes are to be referenced by survey ties and then replaced by a professional land surveyor registered in the State of Washington. All existing property corner markers disturbed or removed by the Contractor's operations which, in the opinion of the Engineer, were not required to be removed for construction purposes shall be replaced at the Contractor's own expense by a Professional Land Surveyor registered in the State of Washington. Any of these monuments damaged must be reset to second order, first class specifications. Sprinkler irrigation systems found to encroach within the limits of improvements shall be modified as necessary to ensure satisfactory operation upon completion of the improvements. This work will include, but not be limited to, cutting and capping existing pipe, relocating existing risers and sprinkler heads new pipe heads and connections, and testing of the system. All work shall be done in conformance to acceptable standards. This shall be incidental to the contract. The Contractor shall contact the owners of any ditches, irrigation lines and appurtenances which interfere with the Work. The Contractor shall be liable for any damage due to irrigation facilities damaged by his operations and shall repair such damaged facilities to an "equal or better than" original condition. 1- 07.16(2) Vegetation Protection and Restoration Delete the fourth paragraph and replace it with the following: If due to, or for any other reason related to the Contractor's operation, any tree, shrub, ground cover or herbaceous vegetation is destroyed, seriously damaged, or disfigured, that was not ordered removed, the Contractor shall replace it with approved nursery stock of the same species. In addition to replacement, the Contractor will be assessed any appropriate liquidated damages for trees as described below. The assessment will be deducted from monies due the Contractor. For non - merchantable timber, the Contractor will be assessed liquidated damages of $10 for each inch of difference in circumference when a replacement tree is smaller than the original. For merchantable timber, the Contractor will be assessed liquidated damages of either $10 for each circumferential inch or the estimated market value delivered to a mill, whichever is the larger amount. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 90 RFB # 16 -002 2016 The Engineer will measure circumference twelve inches (12 ") above ground level. The replanting shall be according to Section 8 -02 and during the first fall or spring planting period after damage, or as the Engineer directs. It may be necessary to trim trees or bushes in order to have the necessary clearance for planning and paving equipment on streets that are to be overlaid. Any costs for trimming of trees or bushes required for the construction of the overlay will be considered incidental to the contract. 1- 07.16(3) Fences, Mailboxes, Incidentals Section 1- 07.16(3) is supplemented with the following: The Contractor shall maintain at his expense any temporary fencing to preserve livestock, crops, or property when working through or by private property. He is liable for all damages if he does not comply with this requirement. When it is necessary to temporarily move existing mail or paper boxes, their usefulness shall not be impaired. The boxes shall be reinstalled at the original location or at locations ordered by the Engineer. New supports or boxes will not be required unless damaged by the Contractor. Any damage caused by the Contractor shall be at his expense for replacement or repairs. 1 -07.17 Utilities and Similar Facilities Section 1 -07.17 is supplemented with the following: The Contractor shall protect from damage private and public utilities, including telephone and telegraph lines, power lines, sewer and water lines, railroad tracks and appurtenances, highway lighting and signal systems, and similar facilities. Underground utilities of record will not be shown on the construction Plans. The Owner assumes no responsibility for improper locations or failure to show utility locations on the Plans. Attention is directed to the possible existence of underground facilities which are not shown in the Plans. This requirement does not excuse the Contractor from its duty to examine in detail all plans of water, gas, telephone, electric power and combined sewerage utilities available with utility owners as required above. The location of existing underground utilities, as shown on the plans, is approximate only, and the Contractor shall be responsible for determining their exact location. The Contractor shall check with the utility companies concerning any possible conflict prior to commencing excavation in any area, as not all utilities may be shown on the plans. The Contractor shall call the Utility Location Request Center (One Call Center) for field location, not less than two or more than ten business days before the scheduled date for commencement of excavation which may affect underground utility facilities, unless otherwise agreed upon by the parties involved. A business day is defined as any day other than Saturday, Sunday or a legal local, State, or Federal holiday. The telephone number for the One Call Center for this project is 1- 800 - 424 -5555. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 91 RFB # 16 -002 2016 The Contractor is also warned that there may be utilities on the project that are not part of the One CaII System. They must be contacted directly by the Contractor for locations. The Contractor shall be responsible for any breakage of utilities or services resulting from his operations, and shall hold the Owner and its agents harmless from any claims resulting from disruption of or damages to same. The Contractor shall be entirely responsible for coordination with the utility companies and arranging for the movement or adjustment, either temporary or permanent, of their facilities within the project limits. See Section 1 -05.14 of these Special Provisions. When the facility owner is responsible for removing or relocating the facilities, it is anticipated that this will be accomplished in advance of construction. If the Contractor notes the presence of any such facility, he shall immediately notify the Engineer in writing. The right is reserved to the Owner and the owners of facilities, or their authorized agents, to enter upon the right -of -way for the purpose of making changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs. The Contractor shall cooperate with forces engaged in this work and shall conduct his operations in such a manner to avoid any unnecessary delay or hindrance to the work being performed by other forces. Wherever necessary, the Contractor's work shall be coordinated with the rearrangement of utility or other facilities, and the Contractor shall make arrangements with the owner of the facilities for the coordination of the work. When the relocation of these facilities are necessary to accommodate the Work, the Engineer will provide for the relocations of these facilities by other forces, or the relocations shall be performed by the Contractor pursuant to written authorization and will be paid for by applicable unit prices, agreed price, or as force account. All other costs incurred as a result of performance of the Contractor's obligations in this section shall be incidental to the contract and included in the unit prices. No additional compensation will be made to the Contractor for reason of delay caused by the actions of any utility company and the Contractor shall consider such costs to be incidental to the other items of the contract. Contractor warrants and represents that it has personally, or through its employees and /or subcontractors, examined the right -of -way areas subject to this agreement and that it is knowledgeable of specific locations for water, gas, telephone, electric power and combined sewerage utilities within such rights -of -way. Contractor further warrants and represents that it has also examined in detail plans of such utilities provided to it by the Owner and affected utility companies or entities. Contractor also warrants and represents that it is fully aware of the statutory provisions contained in RCW 19.122.010 through .900, that it has read and fully understands the same, and that it will comply with the requirements of these provisions which are incorporated by reference herein. Contractor agrees that it shall be an "excavation" as defined under RCW Chapter 19.122 and that such utilities constitute underground facilities. The parties agree that remedies affected under RCW Chapter 19.122 are also incorporated by reference herein. Any cost to the Contractor as a result of this law shall be at the Contractor's expense. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 92 RFB # 16 -002 2016 Contractor also agrees that it shall fully comply with Sections 1 -07.16 and 1 -07.17 relating to Protection and Restoration of Property, Utilities and similar facilities, and public liability and property damage insurance provisions of the Standard Specifications as supplemented by these Special Provisions. 1 -07.18 Public Liability and Property Damage Insurance Section 1 -07.18 is supplemented with the following: The Contractor shall obtain and keep in force during the term of construction and throughout the specified term of maintenance, public liability and property damage insurance. This insurance shall provide coverage for the Contractor and all Subcontractors performing work on projects under Owner contract or authorized by Owner permit, as well as provide coverage for the Owner for the limits specified. The coverage so provided shall protect against claims for personal injuries, including accidental death, as well as claims for property damages which may arise from any act or omission of the Contractor, the Subcontractor, or by anyone directly or indirectly employed by any of the parties involved. The minimum policy limits of such insurance shall be as listed on the Certificate of Insurance included in the Bid Documents section of these Contract Provisions. The insurance must have reference to project name, project location, and contain a brief description of the project. THE CITY OF FEDERAL WAY, ITS ELECTED AND /OR APPOINTED OFFICIALS, ITS EMPLOYEES, AND AGENTS MUST BE THE NAMED INSURED, CO- INSURED, OR ADDITIONAL INSURED insofar as the work and obligations performed under City contract or by City permit is concerned. 1 -07.23 Public Convenience and Safety Section 1 -07.23 is supplemented with the following: The Contractor shall maintain the roads during construction in a suitable condition to not adversely affect vehicular traffic. All costs to maintain the roads shall be borne by the Contractor. If operations of the Contractor are shown to significantly impede traffic flow during peak hours of traffic, the Engineer shall have the authority to restrict the Contractor to time of operation on the street. If the Contractor requires delays or limited term street closure beyond that provided for herein, he shall request in writing the approval of the Engineer a minimum of five (5) working days in advance of the anticipated delay or closure. Such request shall state the reason, the location, the time and date, and the duration of the required delay or closure. The Contractor shall maintain convenient access for local traffic and pedestrians to driveways, houses, and buildings along the line of work. Such access shall be maintained as near as possible to that which existed prior to the commencement of construction. The Contractor shall notify all property owners and tenants of street and alley closures, or other restrictions which may interfere with their access. Notification shall be at least forty-eight (48) hours in advance, and shall include placing notification signs within the affected areas, and delivering notices to all property owners and tenants. Work involved with the distribution of notices to all of the property owners will be considered incidental to the contract. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 93 RFB # 16 -002 2016 The Contractor shall notify the local refuse /recycling collection service, transit services, school district, postal service, fire and police departments in writing before the beginning of operations, and provide a schedule of activities along with the associated time line, so that these agencies may reroute their vehicles around the construction zone. If rerouting is not possible, as determined by these agencies /services, the Contractor shall provide reasonable access through the construction zone at all times. Inconvenience caused by equipment or materials across driveways and sidewalks shall be kept to a minimum by restoring the serviceability of the drive or sidewalk as soon as possible. Before blocking driveways, the Contractor shall notify the property owner. The Contractor shall replace or repair any damage done to driveways to not Tess than the condition existing prior to the Contractor's work. Unless otherwise indicated in the Plans, on- street parking areas will be allowed to be utilized by the Contractor for work and storage areas, pending notification of the users and approval by the Engineer, two (2) working days in advance. When patching pavement or placing new pavement, the Contractor shall replace the ultimate full depth asphalt concrete pavement section excluding overlay, the same day as the pavement removal. At the end of each working day, provisions shall be made for the safe passage of traffic during non - working hours. It shall be the Contractor's responsibility to provide all necessary warning signs, lights, barricades, etc., as specified. All unattended excavation shall be properly barricaded and covered at all times. All open trenching or street cuts must be filled with material as detailed below before leaving the job at the completion of each work shift. Immediately upon request by the Engineer, the Contractor shall place, in the amounts designated, any asphalt concrete pavement, cold plant mix, crushed surfacing and /or gravel base deemed necessary by the Engineer to maintain the above required accessibility of all streets, road approaches, street connections, driveways, etc. If the Contractor fails to comply as above specified, the Engineer will order the work done by others and deduct the cost thereof from any monies due or to become due to the Contractor. The Contractor shall be reimbursed for these materials at the applicable unit contract prices. The Owner shall not be held liable for any claims resulting from accidents or damages caused by the Contractor's failure to comply with traffic and public safety regulations during the construction period. The Contractor shall be solely responsible for the safety, efficiency and adequacy of the Contractor's plant, appliances, and methods, and for any damage or injury resulting from the failure or improper maintenance use or operation. The Contractor shall be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. The required or implied duty of the Engineer to conduct construction review of the Contractor's performance does not and shall not be intended to include review and adequacy of the Contractor's safety measures in, on, or near the construction site. The Contractor shall comply with the safety standards and provisions of applicable laws, building and construction codes, and the safety regulations set forth in "Safety City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 94 RFB # 16 -002 2016 Standards for Construction" and "General Safety Standards" published in effect at the time of call for bids. These publications may be obtained from the Department of Labor and Industries, Olympia, Washington. The Contractor shall also comply with the safety standard provisions set forth in the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America. The Contractor agrees to defend, indemnify and hold harmless to the CITY OF FEDERAL WAY, its officers, employees, and agents from any and all claims, actions, judgments, losses, costs (including reasonable attorney fees) and damages whatsoever; including workman's compensation claims or any other claims arising by reason of accident, injury, or death caused to persons including Contractor's employees, agents and subcontractors, employees and agents involving property of any kind, or arising out of, in connection with, or incident to the work of, this contract to the extent of any City negligence, except upon a finding by a trier of fact that it was caused by the sole negligence of the CITY OF FEDERAL WAY. The Contractor agrees to waive its immunity which may otherwise exist under the Title 51 RCW relating to industrial insurance. The parties agree that the indemnification requirements provided herein extend to attorney's fees and costs of establishing the right to indemnification in favor of the CITY OF FEDERAL WAY. The Contractor shall maintain at the job site office or other well -known place at the job site, all articles necessary for giving first aid to the injured, and shall establish, publish and make known to all employees procedures for ensuring immediate removal to a hospital or a doctor's care, of persons, including employees, who may have been injured on the job site. Employees shall not be permitted to work on the job site before the employer has established and made known procedures for removal of injured persons to a hospital or a doctor's care. In order to protect the lives and health of employees performing work under the Contract, the Contractor shall comply with the Federal Occupational Safety and Health Act of 1970 (OSHA), including all revisions and amendments thereto; the provisions of the Washington Industrial Safety Act of 1973 (WISHA); and the regulations of the State of Washington Department of Labor and Industries Division of Industrial Safety and Health. The WISHA regulations shall apply to all excavation, trenching and ditching operations. In case of conflict, the more stringent regulations shall apply. 1- 07.23(1) Construction Under Traffic Section 1- 07.23(1) is supplemented with the following: Revise the second paragraph to read: To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, and paths within the project limits, keeping them open, and in good, clean, safe condition at all times. Deficiencies caused by the Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency's expense. The Contractor shall also maintain roads, streets, sidewalks, and paths adjacent to the project limits when affected by the Contractor's operations. Snow and ice control will be performed by the Contracting Agency on all projects. Cleanup of snow and ice control debris will be at the Contracting Agency's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the work that might impede traffic or create a hazard. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 95 RFB # 16 -002 2016 2. Keep existing traffic signal and highway lighting systems in operation as the work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency's expense. The Contractor shall be responsible for scheduling when to renew striping, subject to the approval of the Engineer. When the scope of the project does not require work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency's expense, except those damaged due to the Contractor's operations. 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency's expense when approved by the Engineer, except when flow is impaired due to the Contractor's operations. (January 2, 2012) Work Zone Clear Zone The Work Zone Clear Zone (WZCZ) applies during working and nonworking hours. The WZCZ applies only to temporary roadside objects introduced by the Contractor's operations and does not apply to preexisting conditions or permanent Work. Those work operations that are actively in progress shall be in accordance with adopted and approved Traffic Control Plans and other contract requirements. During nonworking hours equipment or materials shall not be within the WZCZ unless they are protected by permanent guardrail or temporary concrete barrier. The use of temporary concrete barrier shall be permitted only if the Engineer approves the installation and location. During actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the WZCZ and only construction vehicles absolutely necessary to construction shall be allowed within the WZCZ or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the WZCZ at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. Minimum WZCZ distances are measured from the edge of traveled way and will be determined as follows: Regulatory Posted Speed Distance From Traveled Way (Feet) 35 mph or Tess 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 96 RFB # 16 -002 2016 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 (August 7, 2006) Lane closures are subject to the following restrictions (not allowed): Location Type From To S & SW 320th Street Eastbound One lane closure in one direction only 9:00 am 4:00 pm S & SW 320th Street Westbound One lane closure in one direction only 7 :00 am 3:00 pm All work outside the time listed in the above tables, must have all lanes open to traffic. If the Engineer determines the permitted closure hours adversely affect traffic, the Engineer may adjust the hours accordingly. The Engineer will notify the Contractor in writing of any change in the closure hours. No lane closures will be allowed on a holiday or holiday weekend, or after 12:00 PM (noon) on a day prior to a holiday or holiday weekend. Holidays that occur on Friday, Saturday, Sunday or Monday are considered a holiday weekend. (February 14, 2005 NWR) Signs and Traffic Control Devices All signs and traffic control devices for the permitted closures shall only be installed during the specified hours. Construction signs, if placed earlier than the specified hours of closure, shall be turned or covered so as not to be visible to motorists. Hours of Darkness The Contractor shall, at no additional cost to the Contracting Agency, make all arrangements for operations during hours of darkness. Flagger stations shall be illuminated using a minimum 150 -watt floodlight. Lighting used for nighttime work shall, whenever possible, be directed away from, or shielded from, residences and oncoming traffic. ( * * * * * *) Night Work Working at night (9:00 p.m. to 6:00 a.m. weekdays, 10:00 p.m. to 9:00 a.m. weekends and holidays) is required for planing, pavement repair, paving and striping operations. Should the Contractor schedule project work during the nighttime closure hours allowed below, it shall be the Contractor's responsibility to obtain permission for such work as required in section 1- 08.0(2) Hours of Work. (March 7, 2005 NWR) Signal Turn -On Signal turn -on for new or rebuilt control equipment will be permitted Monday through Thursday, between 8:00 PM and 5:00 AM the same day. (March Z 2005 NWR) During signal turn -on, the Contracting Agency will provide City of Federal Way police officer(s) to manually, control intersections. 1- 07.23(2) Construction and Maintenance of Detours City of Federal Way 2016 Pedestrian Improvement Program Page 97 RFB ver. 4 -15 RFB # 16 -002 2016 (October 1, 2005 APWA GSP) Revise the second paragraph to read: Unless otherwise approved, the Contractor shall maintain two -way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, bridge, sidewalk, or path during construction, 2. Detour crossings of intersecting highway, and 3. Temporary approaches. Supplement with the following: At least one (1) lane of traffic in each direction shall be maintained on all roadways within the project limits at all times. If the usable roadway is not sufficient to safely accommodate two -way traffic, the Contractor shall adequately maintain one -way traffic. Wherever one -way traffic is in effect, the distance shall not be in excess of six hundred feet (600') or as otherwise set forth in writing by the Engineer. Two -way traffic must be maintained during all non - construction working hours, except as approved by the Engineer in advance. For arterials - A maximum of one driveway may be closed at any one time, and then for as short a duration as possible. No driveway shall be closed over night or over a weekend. At least one driveway shall be maintained into and out of sites adjacent to the project. All drop -offs exposed to traffic shall be protected in accordance with Section 1- 07.23(1) of the Standard Specifications. Any modification to these requirements must be approved by the Engineer prior to commencement of any work. Sequential arrow boards shall be used for work on arterials and shall be incidental to other contract bid items. A written request, along with a detailed detour plan shall be submitted to the Engineer for approval, a minimum of ten (10) days prior to any road closures. All costs for constructing and maintaining detours shall be borne by the Contractor. 1 -07.24 Rights of Way (July 23, 2015 APWA GSP) Delete this section in its entirety, and replace it with the following: Street Right of Way lines, limits of easements, and limits of construction permits are indicated in the Plans. The Contractor's construction activities shall be confined within these limits, unless arrangements for use of private property are made. Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of way and easements, both permanent and temporary, necessary for carrying out the work. Exceptions to this are noted in the Bid Documents or will be brought to the Contractor's attention by a duly issued Addendum. Whenever any of the work is accomplished on or through property other than public Right of Way, the Contractor shall meet and fulfill all covenants and stipulations of any easement agreement obtained by the Contracting Agency from the owner of the private property. Copies City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 98 RFB # 16 -002 2016 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 NEW SECTION (January 11, 2014 * * * * * *) The Contractor will be responsible for communicating all work activities with the property owners. The Contractor, along with the City's inspector, shall have one formal meeting with the managers of the business corridor. It will be the Contractor's responsibility to initiate and set up the meeting. Thereafter, the Contractor shall keep the businesses informed of their general locations and activities for the upcoming two (2) months by distributing a monthly status /schedule memo to the businesses. The memo shall be approved by the Engineer prior to distribution. Payment for said meetings and communication shall be considered incidental to the unit contract price paid for Mobilization and no additional payment will be made. 1 -07.29 ( * * * * * *) Road Maintenance NEW SECTION The Contractor shall be responsible for controlling dust and mud within the project limits, and all streets used by the Contractor during the execution of this contract shall be maintained in a clean condition. The Contractor shall be prepared to use watering trucks equipped with high velocity City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 99 RFB # 16 -002 2016 water jets and low -head sprinkling devices, power sweepers, and any other pieces of equipment necessary to render the streets free of all mud, debris, and foreign materials. Any damage caused by dust and /or mud accumulation on the streets or in the storm sewer system shall be the sole responsibility of the Contractor. Watering trucks may be used on paved streets with an adequate storm drainage system. Watering trucks shall not be used on streets where, in the opinion of the Engineer, mud is created, causing a nuisance. Where water flushing is not allowed, street sweepers (not power brooms) shall be used. The Contractor shall provide for sweeping, or flushing all surfaced roadways at a minimum upon completion of each day's activities. Equipment required for this operation shall be on the job site or available at all times. Failure to have this equipment on the job site or available will necessitate a shutdown of the project. The Contractor shall cover all loads if in the determination of the Engineer haul of project materials is posing a road maintenance and /or potential safety problem. Should daily removal be insufficient to keep the streets clean, the Contractor shall perform removal operations on a more frequent basis. If the Engineer determines that a more frequent cleaning is impractical or if the Contractor fails to keep the streets free from deposits and debris resulting from the work, the Contractor shall, upon order of the Engineer, provide facilities for and remove all clay or other deposits from the tires or between wheels before trucks or other equipment will be allowed to travel over paved streets. Should the Contractor fail or refuse to clean the streets in question or the trucks or equipment in question, the Engineer may order the work suspended at the Contractor's risk until compliance with the Contractor's obligation is assured, or the Engineer may order the streets in question cleaned by others and such costs incurred by the Owner in achieving compliance with these Contract requirements, including cleaning of the streets, shall be deducted from monies due or to become due the Contractor on monthly estimate. The Contractor shall have no claim for delay or additional costs should the Engineer choose to suspend the Contractor's work until compliance is achieved. All costs in connection with the above work, including labor, materials, tools and equipment, shall be considered as incidental to the construction and payment thereof shall be included in the unit contract prices of other bid items. 1 -08 PROSECUTION AND PROGRESS Add the following new section: 1 -08.0 Preliminary Matters (May 25, 2006 APWA GSP) NEW SECTION 1- 08.0(1) Preconstruction Conference NEW SECTION (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; City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 100 RFB # 16 -002 2016 2. To establish a working understanding among the various parties associated or affected by the work; 3. To establish and review procedures for progress payment, notifications, approvals, submittals, etc.; 4. To establish normal working hours for the work; 5. To review safety standards and traffic control; and 6. To discuss such other related items as may be pertinent to the work. The Contractor shall prepare and submit at the preconstruction conference the following: 1. A breakdown of all lump sum items; 2. A preliminary schedule of working drawing submittals; and 3. A list of material sources for approval if applicable. 1- 08.0(2) Hours of Work Section 1- 08.0(2) is supplemented with the following: Permission to work between the hours of 10:00 p.m. and 7:00 a.m. during weekdays and between the hours of 10:00 p.m. and 9:00 a.m. on weekends or holidays may also be subject to noise control requirements. Approval to continue work during these hours may be revoked at any time the Contractor exceeds the Contracting Agency's noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor's operations. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. Work will be restricted to the hours between 7:00 a.m. and 3:30 p.m., unless otherwise approved by the Engineer. Work on SW 320th St near 3rd PI SW and S 320th St near 5th Ave S will be restricted to 8:30 a.m. to 3:30 p.m. No work shall be allowed within the right -of -way on Saturdays, Sundays, or holidays, unless otherwise authorized by the Engineer. There will be no additional compensation for night work. Permission to work Saturdays, Sundays, holidays, or other than the agreed upon normal straight time working hours Monday through Friday may be given subject to certain other conditions set forth by the Contracting Agency or Engineer. These conditions may include but are not limited to: • The Engineer may require designated representatives to be present during the work. Representatives who may be deemed necessary by the Engineer include, but are not limited to: survey crews; personnel from the Contracting Agency's material testing lab; inspectors; and other Contracting Agency employees when in the opinion of the Engineer, such work necessitates their presence. • On non - Federal aid projects, requiring the Contractor to reimburse the Contracting Agency for the costs in excess of straight -time costs for Contracting Agency representatives who worked during such times. • Considering the work performed on Saturdays, Sundays, and holidays as working days with regard to the contract time. • Considering multiple work shifts as multiple working days with respect to contract time, even though the multiple shifts occur in a single 24 -hour period. The Owner reserves the right to vary the previous stated times. Actual times may vary depending upon location and type of construction. Exact times and /or restrictions will be City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 101 RFB # 16 -002 2016 established during the preconstruction conference, after discussions with the Contractor regarding his proposed schedule. Recognized holidays shall be as follows: First day of January, third Monday of January, third Monday of February, last Monday of May, fourth day of July, first Monday of September, 11th day of November, Fourth Thursday in November and day immediately following, 25th day of December, and any day so designated by the Chief Executive of the State of Washington or by the Owner for their employees, as a legal holiday. When any of these holidays occur on Saturday or Sunday, the preceding Friday or the following Monday will be a legal holiday for the City Employees. 1- 08.0(3) Reimbursement for Overtime Work of Contracting Agency Employees (May 25, 2006 APWA GSP; may not be used on FHWA- funded projects) Where the Contractor elects to work on a Saturday, Sunday, or holiday, or longer than an 8- hour work shift on a regular working day, as defined in the Standard Specifications, such work shall be considered as overtime work. On all such overtime work an inspector will be present, and a survey crew may be required at the discretion of the Engineer. In such case, the Contracting Agency may deduct from amounts due or to become due to the Contractor for the costs in excess of the straight -time costs for employees of the Contracting Agency required to work overtime hours. The Contractor by these specifications does hereby authorize the Engineer to deduct such costs from the amount due or to become due to the Contractor. 1 -08.1 Subcontracting (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 Progress Schedule Section 1 -08.3 is supplemented with the following: Promptly after award of the contract, the Contractor shall submit to the Engineer for approval a construction schedule consisting of a chart, which sets out operations, methods, equipment, and labor forces that the Contractor intends to use to accomplish the work. The Contractor shall show early and late start dates and early and late finish dates for the items of work required under the contract. Payment to the Contractor on any estimate may be withheld until such schedule has been submitted and approved. The construction schedule shall be based upon calendar days, with a completion date on or before October 31, 2015. The schedule will be submitted to the Engineer two (2) working days prior to the Preconstruction Conference and will be the primary topic for discussion at the Preconstruction Conference. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 102 RFB # 16 -002 2016 Adequate equipment and forces based on the construction schedule shall be made available by the Contractor to start work immediately upon order of the Engineer and to carry out the schedule to completion of the contract by the date specified. Should it become evident at any time during construction that operations will or may fall behind the schedule, the Contractor shall, upon request, promptly submit a revised schedule in the same form as specified herein, setting out operations, methods, and equipment, added labor forces or working shifts, night work, etc., by which time lost will be made up, and confer with the Engineer until an approved modification of the original schedule has been secured. Further, if at any time any portion of the accepted schedule is found to conflict with the contract provisions, it shall, upon request, be revised by the Contractor and the work shall be performed in compliance with the contract provisions. Payments of any further estimates to the Contractor after such request is made and until an approved modified schedule has been provided by the Contractor may be withheld. Execution of the work according to the accepted schedule of construction, or approved modifications thereof, is hereby made an obligation of the contract. 1 -08.4 Prosecution of Work Delete this section in its entirety, and replace it with the following: 1 -08.4 Notice to Proceed and Prosecution of Work (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 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 103 RFB # 16 -002 2016 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 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 104 RFB # 16 -002 2016 1 -08.6 Suspension of Work (Special Provision) Supplement Section 1 -08.6 with the following: Contract time may be suspended for procurement of critical materials (Procurement Suspension). In order to receive a 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 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 activities in the Progress Schedule. If the approved Progress Schedule indicated that the materials procurement are critical activities, 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 materials: * ** Rectangular Rapid Flashing Beacon System * ** Procurement Suspension shall be a maximum of 50 calendar days, unless otherwise approved by the Engineer. Charging of contract time will resume upon the delivery of the critical materials to the Contractor. 1 -08.7 Maintenance During Suspension (October 1, 2005 APWA GSP) Revise the second paragraph to read: At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension (as required in Section 1 -07.23 or the Special Provisions). This may include a temporary road or detour. 1 -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 Contractor shall furnish a written schedule for completing the physical Work on the Contract. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 105 RFB # 16 -002 2016 1 -09.0 MEASUREMENT AND PAYMENT 1- 09.2(1)General Requirements for Weighing Equipment (July 23, 2015 APWA GSP, Option 2) Revise item 4 of the fifth paragraph to read: 4. Test results and scale weight records for each day's hauling operations are provided to the Engineer daily. Reporting shall utilize WSDOT form 422 -027, Scaleman's Daily Report, unless the printed ticket contains the same information that is on the Scaleman's Daily Report Form. The scale operator must provide AM and /or PM tare weights for each truck on the printed ticket. 1 -09.6 Force Account (October 10, 2008 APWA GSP) Supplement this section with the following: The Contracting Agency has estimated and included in the Proposal, dollar amounts for all items to be paid per force account, only to provide a common proposal for Bidders. All such dollar amounts are to become a part of Contractor's total bid. However, the Contracting Agency does not warrant expressly or by implication, that the actual amount of work will correspond with those estimates. Payment will be made on the basis of the amount of work actually authorized by Engineer. 1 -09.7 Mobilization Section 1 -09.7 is supplemented with the following: The Contractor shall arrange and provide the construction equipment staging area. This area must be approved by the City of Federal Way, Community Development Department. Sites chosen near residential properties can expect severe restrictions on noise and allowable work hours. Obtaining a site for the Contractor's mobilization, field office(s), storage of materials, and other general operations shall be the responsibility of the Contractor. All costs associated with securing sites shall be included in the bid item "Mobilization" and no other compensation will be made for this item. The Contractor will provide City with copy(s) agreement(s). Payment is made under the following item: "Mobilization" per lump sum. The lump sum bid price for "Mobilization" shall include, but not be limited to, the following items: the movement of the Contractor's personnel, equipment, supplies, and incidentals to the project site; the establishment of his office, buildings, and other facilities necessary for work on the project; providing sanitary facilities for the Contractor's personnel; obtaining permits or licenses required to complete the project not furnished by the Owner; and other work and operations which must be performed or costs that must be incurred. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 106 RFB # 16 -002 2016 1 -09.9 Payments (March 13, 2012 APWA GSP) Delete the first four paragraphs and replace them with the following: The basis of payment will be the actual quantities of Work performed according to the Contract and as specified for payment. The Contractor shall submit a breakdown of the cost of lump sum bid items at the Preconstruction Conference, to enable the Project Engineer to determine the Work performed on a monthly basis. A breakdown is not required for lump sum items that include a basis for incremental payments as part of the respective Specification. Absent a lump sum breakdown, the Project Engineer will make a determination based on information available. The Project Engineer's determination of the cost of work shall be final. Progress payments for completed work and material on hand will be based upon progress estimates prepared by the Engineer. A progress estimate cutoff date will be established at the preconstruction conference. The initial progress estimate will be made not later than 30 days after the Contractor commences the work, and successive progress estimates will be made every month thereafter until the Completion Date. Progress estimates made during progress of the work are tentative, and made only for the purpose of determining progress payments. The progress estimates are subject to change at any time prior to the calculation of the final payment. The value of the progress estimate will be the sum of the following: 1. Unit Price Items in the Bid Form — the approximate quantity of acceptable units of work completed multiplied by the unit price. 2. Lump Sum Items in the Bid Form — based on the approved Contractor's lump sum breakdown for that item, or absent such a breakdown, based on the Engineer's determination. 3. Materials on Hand — 100 percent of invoiced cost of material delivered to Job site or other storage area approved by the Engineer. 4. Change Orders — entitlement for approved extra cost or completed extra work as determined by the Engineer. Progress payments will be made in accordance with the progress estimate less: 1. Retainage per Section 1- 09.9(1), on non FHWA- funded projects; 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. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 107 RFB # 16 -002 2016 1- 09.11(3) Time Limitation and Jurisdiction (July 23, 2015 APWA GSP) Revise this section to read: For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims or causes of action which the Contractor has against the Contracting Agency arising from the Contract shall be brought within 180 calendar days from the date of final acceptance (Section 1- 05.12) of the Contract by the Contracting Agency; and it is further agreed that any such claims or causes of action shall be brought only in the Superior Court of the county where the Contracting Agency headquarters is located, provided that where an action is asserted against a county, RCW 36.01.05 shall control venue and jurisdiction. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims or causes of action which the Contractor asserts against the Contracting Agency arising from the Contract are filed with the Contracting Agency or initiated in court, the Contractor shall permit the Contracting Agency to have timely access to any records deemed necessary by the Contracting Agency to assist in evaluating the claims or action. 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 -10.0 TEMPORARY TRAFFIC CONTROL Section 1 -10.0 is supplemented with the following: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 108 RFB # 16 -002 2016 Traffic control and maintenance for the safety of the traveling public on this project shall be the tY 9 P P ] sole responsibility of the Contractor and all methods and equipment used will be subject to the 1 approval of the Owner. 1 -10.1 General 1 Section 1 -10.1 is supplemented with the following: The Contractor shall provide traffic control plans to the City of Federal Way for review and ' approval a minimum of ten (10) working days prior to implementation. These plans shall supplement Construction Staging Plans. The plans as provided by the Contractor shall include and not be limited to the following information: 1 • Minimum lane widths provided for vehicular travel. • Turn pocket length, gap and tapers in conformance with the City of Federal Way Standard Details DWG 3 -19A, and WSDOT Standard Plans. On S 320th and SW 320th St, the Contractor shall maintain at least one lane of traffic in each direction at all times unless otherwise approved by the Engineer. ' The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Contracting Agency. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor's operations which may occur on highways, roads, streets, sidewalks, or paths. No ' work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place. City of Federal Way Project Signs City Of Federal Way Project signs shall be considered Construction Signs Class A. The Contractor shall provide two (2) project signs per the standard detail within the appendices of these Special Provisions. 1 -10.2 Traffic Control Management 1- 10.2(2) Traffic Control Plans Section 1- 10.2(2) is supplemented with the following: ' The Contractor shall submit a Signing and Traffic Control Plan (TCP) for each schedule, showing all locations for construction signs, flaggers, and other traffic control devices, lane widths, tapers, and temporary channelization, required for the project. The TCPs shall be 1 submitted to the Engineer for approval, a minimum of seven (7) days prior to beginning any work on the project. The Contractor shall include in the TCP; special plans for traffic control and routing, hours of 1 work, signing and a construction sequencing plan, for the overlay and pavement patching on all arterials. NO WORK SHALL BE PERMITTED WITHOUT A TCP APPROVED BY THE ENGINEER. The approved TCP shall be on -site at all times and failure to obtain and adequately implement an City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 109 2016 RFB ver. 4 -15 approved TCP shall be the cause for immediate action by the Engineer. Said action may include but shall not be limited to the following: 1. Suspension of work until the TCP is approved or properly implemented. 2. Implementation by the Owner of approved TCP at the Contractor's expense. 3. The Owner may provide, or have others provide, interim labor, materials and equipment at the Contractor's expense to alleviate traffic hazards of concern. 4. Any combination of the above described remedies, or whatever is deemed necessary by the Engineer to protect the traveling public. All Traffic Control Plans shall conform to the MUTCD and the Standard Plans. Whenever the Contractor intends to do work not explicitly covered by the TCP, the Contractor shall submit a Supplemental Traffic Control Plan to the Engineer for approval at least ten (10) days in advance of the time signs and barricades will be required. Whenever a traffic signal is to be taken out of service, set to flashing red, or construction is such that it interferes with the safe and effective operation of the traffic signal an Off Duty Uniformed Police Officer must be used to control traffic through the intersection. The use of an Off Duty Uniformed Police Officer must be shown on the traffic control plan. 1- 10.2(3) Conformance to Established Standards Section 1- 10.2(3) is supplemented with the following: Traffic control for the project shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) Part VI, and Section 1 -10 of the Standard Specifications. These publications will be incorporated in all projects by this reference as if set forth herein in full. 1 -10.3 Traffic Control Labor, Procedures and Devices 1- 10.3(1) Traffic Control Labor Section 1- 10.3(1) is supplemented with the following: The hours eligible for 'Traffic Control Labor" will be those hours actually used for the previously described work. Handling of Class B signs is to include the placement of "No- Park" signs, for use in areas where operations require the street to be cleared of vehicles. Any work described under this section performed by a Traffic Control Supervisor will not be paid but will be considered incidental to other items of work. The City has set the unit contract price for "Off Duty Uniformed Police Officer" at Sixty-Seven and No /100 Dollars ($67.00) per hour of active traffic control. In the event this amount does not reflect the actual cost to the Contractor for a Uniformed Off -Duty Police Officer, then the Contractor should revise other bid items to include the correction factor. No adjustment to the $67.00 per hour unit price shall be made for overtime hours, holiday hours, or minimum callout charge. The Contractor shall request uniformed off -duty police officers from the City of Federal Way Public Safety Department, (253) 835 -6701. The request shall be made forty-eight (48) hours before the use of the off -duty police officers on the project site. A minimum of three (3) hours call out time shall be paid each request for off -duty police officers. The City shall pay $67.00 per hour for actual time worked by off -duty police officers, it shall be the Contractors City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 110 2016 RFB ver. 4 -15 responsibility to arrange work schedule to minimize any additional costs incurred by the minimum three (3) hour callout requirement. The estimated uniformed off -duty police officers hours as stated in the proposal, are the City's estimate, without knowledge of the Contractors specific method of operation and is used only for the purpose of providing a common amount for all bidders. In the event actual hours of officer time differs from the quantity listed in the proposal, no readjustment in the unit contract price for uniformed off -duty police officer will be allowed. 1 -10.4 Measurement Supplement with the following: All traffic control items, with the exception of "Traffic Control Labor ", shall be incidental to the contract, and no measurement will be made. 1 -10.5 Payment Section 1 -10.5 is supplemented with the following: Payment will be made per Section 1 -10.5 of the Standard Specification for the following bid items: 'Traffic Control Labor ", per hour. "Other Traffic Control Labor ", per hour. "Off Duty Uniformed Police Officer ", per hour. The Owner has estimated the cost at Forty -Eight and No /100 Dollars ($48.00) per hour for accomplishing the work of "Traffic Control labor" and has entered that amount in the bid proposal under the specific item to become part of the total bid by the Contractor. Any cost to the Contractor of providing this work over Forty -Eight and No /100 Dollars ($48.00) per hour, shall be incidental to other bid items, and no further compensation shall be made. Payment shall be limited to the labor required for flagging and handling signs and traffic control devices which are placed and removed or adjusted daily. It will be the Contractor's responsibility to provide, for the Engineer's concurrence, a detailed summary of time expended on this item at the end of each working day. Pay quantities will be prepared on the basis of these daily summaries. Time which does not appear on these daily summaries will not be honored for payment. All other items of work included in this section and /or which are necessary for traffic control are incidental to the Contract, and no separate payment will be made. This includes but is not limited to: special signs required specifically for the project, costs for cones, barricades, sequential arrow - boards, temporary pavement markings and other construction signing used on the project. Any special signs used will become property of the Owner upon completion of the project and will be delivered to the Owner by the Contractor (refer also to Section 8 -30 of these Special Provision). City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 1 Page 111 RFB # 16 -002 2016 DIVISION 2 EARTHWORK Division 2 of the Standard Specifications is supplemented by the following: 2 -01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2 -01.1 Description Section 2 -01.1 is supplemented with the following: The work shall include the removal and disposal of: • All vegetation, • Sod, • Landscape ground cover, • Planter strips on shoulders of SW 320th St, S 320th St, 21st Ave SW, and Military Rd S; • Any and all grading required, • Excavation and backfill per plans for tree roots 2 -01.2 Disposal of Usable Material and Debris The third paragraph shall be replaced with the following: The Contractor shall dispose of all debris by Disposal Method No. 2. 2 -01.3 Construction Requirements 2- 01.3(1) Clearing Section 2- 01.3(1) is supplemented with the following: When removal of tree stumps or roots create depressions below the level of grubbing or finish subgrade; such depressions shall be backfilled with suitable material from project excavation or import as determined by the Engineer. 2 -01.4 Measurement Section 2 -01.4 is supplemented with the following: "Clearing and Grubbing" shall be considered incidental to the various bid items of the contract and as such, will not be measured for separate payment. 2 -01.5 Payment Section 2 -01.5 is supplemented with the following: All costs for clearing and grubbing on this project shall be included in the various bid items of the contract and will not be paid separately. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 112 RFB # 16 -002 2016 2 -02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2 -02.1 Description Section 2 -02.1 is supplemented with the following: Work shall include all saw cutting, removal and disposal of various existing improvements including, but not limited to asphalt pavement, cement concrete curb and gutter, and sidewalks. 2 -02.3 Construction Requirements Section 2 -02.3 is supplemented with the following: The removal and disposal of facilities indicated shall be conducted in such a manner as not to damage utilities, or any portion of improvements that are to remain in place. Any damage caused by the Contractor and his operations shall be repaired, replaced, or otherwise properly restored to the satisfaction of the Engineer at no cost to the Owner. Disposal shall be in accordance with Section 2 -01 of the Standard Specifications and these Special Provisions. Payment of all fees shall be the responsibility of the Contractor and considered incidental to the appropriate unit bid prices in the Proposal and no additional compensation will be made. 2- 02.3(3) Removal of Pavement, Sidewalks, Curbs, and Gutters (February 13, 2015 * * * * * *) Section 2- 02.3(3) is supplemented with the following: 1. All broken -up pieces shall become the property of the Contractor and shall be removed from the project. 2. Prior to removal, the Contractor shall make a full -depth vertical sawcut between any sidewalk, curb ramp or curb and gutter that is to remain and the portion to be removed. The sawcut shall be at the nearest joint or at such a point to leave a minimum of three feet (3') of existing sidewalk, curb, or curb and gutter as shown in the plans, to form a neat line for removal from the project site. 3. Replace at no expense to the Owner and to the satisfaction of the Engineer any existing pavement, sidewalk, curb ramp, or curb and gutter designated to remain that is damaged during the removal operation. 4. The Contractor shall make a neat full depth vertical sawcut in the existing pavement at a minimum distance of one (1) foot from the curb and gutter to be removed to provide a large enough area to build the curb and place and compact a pavement section. The approximate thickness of the existing asphalt concrete pavement in the roadway varies. Contractor's attention is also drawn to Section 8 -04 of the Special Provisions. See standard plans for details. 5. The equipment and procedures used to make the full -depth sawcut shall be approved by the Engineer. No waste water from the sawcutting operation shall be released directly to any stream or storm sewer system. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 113 RFB # 16 -002 2016 6. Extra care shall be taken to protect any existing traffic loops that are to remain, when removing and replacing curb and gutter. Any traffic loops damaged by the Contractor shall be replaced at the Contractor's expense. 7. Pedestrian and wheelchair access to sidewalks must be maintained to one side of a street at all times. The Contractor shall not simultaneously remove existing cement concrete sidewalks, curb and gutter, truncated dome retrofit or wheelchair ramps at all four quadrants of an intersection. If it is not possible to restrict access to one side of a street, the contractor must provide proper wheelchair accessible pedestrian detours, per the MUTCD, around closed sidewalk areas. 2- 02.3(4) Removal of Pavement Markings NEW SECTION All pavement markings, including, but not limited to: paint, lane markers, traffic buttons, plastic markings, and adhesive residue shall be removed prior to the installation of any new paint, lane markers, traffic buttons or plastic markings. This work shall be incidental to other bid items of the contract, and no separate payment will be made. 2- 02.3(5) Asphalt Concrete Sawcut NEW SECTION Where shown on the plans or where directed by the Engineer, the Contractor shall make a neat full depth vertical sawcut at the boundaries of the area to be removed. Care shall be taken as not to damage any of the existing pavement to remain in place. Any pavement damaged by the Contractor due to his operations shall be repaired or replaced by him at his own expense. Where the Contractor chooses to use grinding or pulverizing to remove asphalt concrete pavement, the vertical line left by grinding or pulverizing shall be considered equivalent to a sawcut, but in that case no separate payment shall be made for sawcut. 2- 02.3(6) Removal of Trees NEW SECTION Where shown on the plans or as directed by the Engineer, the Contractor shall remove trees and their associated roots to a depth of 2' below the existing surface, or the proposed grade whichever is deeper. The cleared area shall be backfilled with gravel borrow up to two (2) inches below finished grade and remainder filled with topsoil Type A, and seeded. Prior to backfilling, the cleared area shall be treated with a heavy concentration of Cross -Bow, Round -up or approved equivalent. All materials removed shall be disposed of by the Contractor off the project site, unless approved otherwise by the Engineer. 2- 02.3(7) Adjust Existing Utility to Grade NEW SECTION As shown on the Plans, existing utilities such as monuments, manholes, catch basin frames and grates, water valves, and meter boxes shall be adjusted to finished grade. The Contractor shall familiarize himself with the existing utility locations prior to the beginning of any work. The Contractor shall adjust City-owned utilities. Final adjustment shall be smooth and flush with finished grade. The Contractor shall mark the location of all utilities prior to paving the new surface. Unless otherwise provide in the Special Provisions and Proposal, costs for adjusting utilities to grade, including coordinating the work with other utilities, shall be incidental to the various items of work and no additional compensation will be allowed. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 114 RFB # 16 -002 2016 Existing facilities shall be adjusted to the finished grade as shown on the Plans and as further specified herein. Existing box, ring, grate, and cover shall be reset in a careful and workmanlike manner to conform to the new grade. Special care shall be exercised in all operations. Any damage occurring to the manholes, concrete catch basins, monument cases, valve boxes, or water mains, due to the Contractor's operations, shall be repaired at the Contractor's own expense. Adjustments shall be made using bricks, concrete blocks, or cement, and the interior of the manhole adjustment shall be mortared smoothly. All covers and frames shall be thoroughly cleaned. The Contractor shall be responsible for referencing and keeping a record of such references of all manholes, catch basins, monument cases, meter boxes, and valve boxes encountered, and shall submit a copy of these references to the Engineer. The manholes, catch basins, monument cases, and valve boxes shall be adjusted to grade in accordance with Section 1- 05.3(1). 2 -02.4 Measurement Section 2 -02.4 is replaced with the following: Removal and haul of asphalt concrete pavement and base associated with the removal of Cement Concrete Curb and Gutter will not be measured, but will be considered incidental as part of other bid items. Sawcutting of cement concrete sidewalks, asphalt concrete, cement concrete curb and gutters will be considered will be incidental to the removal and replacement of those items. Removal and haul of cement concrete sidewalks and cement concrete curb and gutters are considered part of other bid items. "Removal of Trees" shall be measured by the each for every tree removed, as indicated in the project plans. No measurement will be made for the removal of additional items not shown on Plans and necessary for the installation of other bid items. 2 -02.5 Payment Section 2 -02.5 is replaced with the following: Payment for "Removal of Trees" will be made by the each for every tree removed, as indicated in the project plans. No payment will be made under "Removal of Structures and Obstructions," and all items are considered part of other bid items. 2 -03 ROADWAY EXCAVATION AND EMBANKMENT 2 -03.1 Description Section 2 -03.1 is supplemented with the following: Work shall consist of excavation and backfill for Specialty Signs, Poles and Bases installation, and roadway excavation for installation of wheelchair ramps, related to patching roadways. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 115 RFB # 16 -002 2016 2 -03.3 Construction Requirements Section 2 -03.3 is supplemented with the following: Roadway excavation shall include all materials from the roadway prism, which is defined by 1 foot beyond all improvements as shown in the plans per City of Federal Way DWG 3 -4 Cement Concrete Curb & Gutter Replacement Detail and excavation for installation of Specialty Signs, Poles and Base as shown in the plans. Surplus excavated material or unsuitable material shall be disposed of by the Contractor. Any excavation beyond the limits indicated in the Plans, unless ordered by the Engineer, shall not be paid for. All work and materials required to return these areas to their original conditions, as directed by the Engineer, shall be provided by the Contractor at their own expense. 2- 03.3(14) Embankment Construction Section 2- 03.3(14) is supplemented with the following: Suitable material from the excavation may be used to provide the correct subgrade elevation beneath the crushed rock. If sufficient suitable material is not available from the excavation for this purpose, suitable material shall be imported from off site, free of organic material with no material retained in a 2 -inch sieve. The final decision as to the suitability of all material whether imported or native, shall be made by the Engineer. 2- 03.3(14)E Unsuitable Foundation Excavation Section 2- 03.3(14)E is supplemented with the following: Where wheelchair ramps and any sidewalk construction is called for, either as shown on the Plans or directed by the Engineer, it is the intent to excavate to a depth shown on the Plans as the bottom of the crushed surfacing top course. Where and if the Engineer determines that unsuitable subgrade material exists below this depth, the Engineer may direct the Contractor to excavate an additional depth to stabilize the area. When an excavation depth exceeds the bottom of the proposed crushed surfacing top course, the area below the crushed surfacing top course shall be backfilled with crushed surfacing top course. 2- 03.3(14)G Backfilling Section 2- 03.3(14)G is supplemented with the following: Backfilling for Specialty Signs, Poles and Bases shall be per Plans and Section 8- 21.3(9)F. 2 -03.4 Measurement Section 2 -03.4 is supplemented with the following: There will be no separate measurement for all earthwork, excavation, backfilling, embankment, grading, removal, haul or disposal of roadway excavation. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 116 RFB # 16 -002 2016 All earthwork, excavation, backfilling, embankment, grading, removal, haul or disposal shall be considered incidental and all costs shall be included in the other bid prices in the Proposal. 2 -03.5 Payment Section 2 -03.4 is supplemented with the following: There will be no separate payment for all earthwork, excavation, backfilling, embankment, grading, removal, haul or disposal of roadway excavation. All earthwork, excavation, backfilling, embankment, grading, removal, haul or disposal shall be considered incidental and all costs shall be included in the other bid prices in the Proposal. 2 -07 WATERING Water required for compacting embankments, construction subgrade, placing crushed surfacing, grinding, pulverizing, dust control, and as the Engineer requires shall be provided in accordance with Section 2 -07.3 of the Standard Specifications. 2 -07.5 Payment Section 2 -76.5 is supplemented with the following: All costs for providing and applying water shall be considered incidental to and included in the unit contract prices for the various items involved. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 2 Page 117 RFB # 16 -002 2016 DIVISION 3 PRODUCTION FROM QUARRY AND PIT SITES AND STOCKPILING 3 -01 PRODUCTION FROM QUARRY AND PIT SITES 3 -01.4 Contractor Furnished Material Sources Section 3 -01.4 is supplemented with the following: No source has been provided for any material necessary for the construction of this improvement. If the sources of material provided by the Contractor necessitates hauling over roads other than City streets, the Contractor shall, at his own cost and expense, make all arrangements for the use of haul routes. 3 -01.6 Payment Section 3 -01.6 is supplemented with the following: Any work performed by the Contractor under Division 3 shall be considered incidental to the furnishing of materials. All costs of acquiring, producing, and placing this material shall be incidental to and included in the unit contract prices for the various items involved. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 3 Page 118 RFB # 16 -002 2016 DIVISION 4 BASES 4 -04 BALLAST AND CRUSHED SURFACING 4 -04.1 Description Section 4 -04.1 is supplemented with the following: The work shall consist of providing, placing and compacting the crushed surfacing material beneath the roadway, sidewalks, pedestrian refuge islands, wheelchair ramps, and specialty signs, poles, and bases. 4 -04.4 Measurement Section 4 -04.4 is supplemented with the following: No measurement or payment will be made for crushed surfacing placed at any location. All costs for furnishing, installing, and compacting the material will be included in other bid items in the Proposal. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 4 Page 119 RFB # 16 -002 2016 1 DIVISION 5 1 SURFACE TREATMENTS AND PAVEMENTS Division 5 of the Standard Specifications is supplemented by the following: 1 5 -04 HOT MIX ASPHALT Hot Mix Asphalt (HMA) shall be constructed in accordance with Section 5 -04 of the Standard Specifications except as modified hereinafter. 5 -04d Description Section 5 -04.1 is supplemented with the following: Work shall consist of furnishing, installing, and compacting HMA for the restoration of 1 roadway repair related to installation of wheel chair ramps and construction of pedestrian refuge islands. 5 -04.2 Materials Section 5 -04.2 is supplemented with the following: Roadway repair and construction of Pedestrian Refuge Islands shall be HMA Class 1/2" PG 111 64 -22. 5 -04.4 Measurement Section 5 -04.4 is supplemented with the following: No separate measurement will be made for HMA, cold mix, and joint sealant meeting the 1 requirements of Section 9 -04.2. 5 -04.5 Payment 1 Section 5 -04.5 is supplemented with the following: No separate payment will be made for furnishing and installing HMA, cold mix, and joint 1 sealant meeting the requirements of Section 9 -04.2. All costs shall be included in the other bid prices in the Proposal. END OF DIVISION 5 1 1 1 1 1 City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 120 2016 RFB ver. 4 -15 1 DIVISION 6 STRUCTURES 6 -06 BRIDGE RAILINGS 6- 06.3(2) Metal Railings Section 6- 06.3(2) is supplemented with the following: ( * * * * * *) Metal Handrails shall be bolted to the thickened edge sidewalk as shown for concrete steps in CFW Dwg. No. 3 -25. 6 -06.4 Measurement Section 6- 06.3(2) is supplemented with the following: ( * * * * * *) No measurement will be made for the fabrication, transportation, of the metal handrail or is parts. "Metal Handrail" will be measured by the linear foot along the line completed railing. 6 -06.5 Payment Section 6- 06.3(2) is supplemented with the following: ( * * * * * *) "Metal Handrail ", per linear foot. 6 -13 STRUCTURAL EARTH WALLS or installation and assembly and slope at the base of the 6 -13.1 Description Section 6 -13.1 is supplemented with the following: ( * * * * * *) The work also consists of constructing Modular Block Walls in accordance with the details in the plans. Modular block walls are defined as SEW walls constructed of standard unit, straight face, grey blocks, less than 4' in height, without geogrid reinforcing. All walls on this project shall be in the same style and by a single manufacturer as approved by the Engineer in accordance with these Specifications. 6 -13.2 Materials Section 6 -13.2 is supplemented with the following: (August 3, 2015 WSDOT GSP) Modular Block Fill 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. City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 121 2016 RFB ver. 4 -15 5. Freeze -thaw tests conducted on the lot of blocks produced for use in this project, as specified in Section 6- 13.3(4). 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 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. "Unit Fill" 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). Proprietary Materials Keystone Compac Wall KeyStone connection pins shall be fiberglass conforming to the requirements of Keystone Retaining Wall Systems, Inc. Landmark Retaining Wall Lock bars shall be made of a rigid polyvinyl chloride polymer conforming to the following requirements: 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 without geogrid reinforcement shall be glass fiber reinforced high - density polyethylene (HDPE) conforming to the following minimum material specifications: Property Specification HDPE ASTM D 1248 Type III Class A Grade 5 Fiberglass Content ASTM D 2584 Carbon Black ASTM D 4218 Specific Gravity ASTM D 792 City of Federal Way 2016 Pedestrian Improvement Program Page 122 RFB ver. 4 -15 Value 68 ± 3 percent 30 ± 3 percent 2 percent minimum 1.16 ± 0.06 RFB # 16 -002 2016 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Tensile Strength at yield Melt Flow Rate ASTM D 638 8,700 ± 725 psi ASTM D 1238 0.11 ± 0.07 ounces /10 min. Section 6 -13.2 is supplemented with the following: ( * * * * * *) UNIT FILL Unit Fill shall consist of clean 1" minus crushed stone meeting the following gradation tested in accordance with ASTM D -422. The percent fracture requirement shall be 75% minimum. The fracture requirement shall be at least one fractured face and will apply to combined aggregate retained on the U.S. No. 4 sieve in accordance with FOP for AASHTO PT 61. Sieve Size Percent Passing 1 inch 100 3/4 inch 75 -100 No. 4 0 — 10 No. 50 0 — 5 A minimum of one (1) cubic foot of Unit Fill shall be used for each square foot of wall face. Unit fill shall be placed within cores of, between, and behind units to meet this requirement. BACKFILL Backfill for Modular Block Fill Wall to support sidewalk and ramps shall be Crushed Surfacing Top Course meeting the requirements of section 9- 03.9(3). Four inches (4 ") of organic Topsoil Type C per 9- 14.1(3) shall be placed on the exposed 3:1 maximum slopes shown in the plans. Seed and Mulch topsoil. 6 -13.3 Construction Requirements Section 6 -13.3 is supplemented with the following: ( * * * * * *) If an alternate wall system is proposed by the Contractor and accepted by the Engineer, the Contractor shall be responsible for identifying the limits of excavation for the proposed wall substitution. All costs associated with the expanded excavation limits, including but not limited to shoring for maintenance of driveways, roadway, business signs, luminaires, building foundations, backfill of the expanded excavation area, and restoration shall be included in the unit price for Modular Block Fill Wall. Only one style of precast concrete block shall be allowed on the project. Once approved, all precast concrete blocks shall be of the same manufacture and style for all modular block fill walls. (August 3, 2015 WSDOT GSP) Modular Block Fill Wall Modular block fill 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: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 123 RFB # 16 -002 2016 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 Keystone Compac Wall Compac is a registered trademark of Keystone Retaining Wall Systems, Inc. Keystone Retaining Wall Systems, Inc. 4444 West 78th Street Minneapolis, MN 55435 (800) 747 -8971 FAX (952) 897 -3858 www.keystonewalls.com 6 -13.4 Measurement Section 6 -13.4 is supplemented with the following: ( * * * * * *) The modular block wall will be measured by the square foot of completed wall in place. The vertical limits for measurement are from the top of the base leveling pad (or bottom of wall if no base leveling pad is present) to the top of the top course of blocks of the exposed finished face. The horizontal limits for measurement are from the end of wall to the end of wall along the length of the exposed finished face. " Backfill Including Haul, Complete" shall be measured by the cubic yard to the neat line limits indicated on the Plans and include the placement of topsoil with seed and mulch. Separate measurement will not be made for the acquisition, haul, placement or compaction of backfill, topsoil, seed or mulch. Unit Fill will not be measured for payment and will be considered incidental to Modular Block Fill Wall. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 124 RFB # 16 -002 2016 6 -13.5 Payment Section 6 -13.5 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: "Modular Block Wall", per square foot The unit contract price per square foot for Modular Block Fill Wall shall be full compensation for the complete construction of the retaining wall as shown in the Plans. This includes all other items as may be required to complete the work as specified including but not limited to modular block units, unit fill, shear connectors, cap units, base leveling pad, haul, underdrain, cleanouts, drain pipe and their connection to storm drain structures. " Backfill Including Haul, Complete'; per cubic yard. The unit contract price per cubic yard for Backfill for Modular Block Fill Wall shall be full compensation for the acquisition, haul, placement, and compaction of backfill to the neat line limits indicated on the Plans including the placement of topsoil, seed, and mulch. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 6 Page 125 RFB # 16 -002 2016 DIVISION 8 MISCELLANEOUS CONSTRUCTION Division 8 of the Standard Specifications is supplemented by the following: 8 -01 EROSION CONTROL AND WATER POLLUTION CONTROL 8 -01.4 Measurement Section 8 -01.4 is supplemented with the following: There will be no separate measurement for all temporary water pollution /erosion control work during construction. 8 -01.5 Payment Section 8 -01.5 is supplemented with the following: There will be no separate payment for all temporary water pollution /erosion control work during construction. This work will be considered incidental to other bid prices in the Proposal. 8 -04 CURBS, GUTTERS, AND SPILLWAYS 8 -04.3 Construction Requirements Section 8 -04.3 is supplemented with the following: The subgrade for curb and gutter sections shall be compacted to ninety-five (95 %) percent standard density. A minimum of four (4 ") inches of CSTC, compacted to ninety-five (95 %) percent standard density shall be placed under curb and gutter prior to installation. The top of the finished concrete shall not deviate more than one - eighth inch (1/8 ") in ten feet (1-') or the alignment one - fourth (1/4 ") inch in ten feet (10'). The existing concrete curb and gutter shall be removed in accordance with section 2- 02.3(3) which leaves a two (2) foot gap. This gap shall have its subgrade prepared and be paved with a minimum of four inches (4 ") CSTS and three inches (3 ") HMA Class 1/2" PG 64 -22 (compacted depths), or match existing depths, whichever is greater. See standard Plans for details. Cement Conc. Curb and Gutter shall be removed and replaced as shown on the plans or at designated locations as directed by the City. Cement Conc. Curb and Gutter shall conform to details on the design plans or standard details. If any section of Cement Conc. Curb and Gutter, Mountable Cement Conc. Extruded Curb is damaged during construction due to vandalism, such as writing, by vehicles or pedestrians, the entire section, between joints, shall be removed and replaced, at no cost to the City. Pedestrian Refuge Islands, Complete City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 126 RFB # 16 -002 2016 In constructing the Pedestrian Refuge Island, Complete the contractor shall complete the following items as shown on plans and as incidental to this Bid item: 1. Installation and painting of Cement Conc. Extruded Curb per plans and details. 2. Place a minimum of four inches of (4 ") of CSTC, compacted to ninety -five (95 %) percent standard density within the interior perimeter of the Cement Conc. Extruded Curbing. 3. Place two inches (2 ") HMA CI 1/2" PG 64 -22 (compacted depths), and match top of Cement Conc. Extruded Curb within the interior perimeter of the Cement Conc. Extruded Curbing. 4. Install Detectable Warning Surfaces in the island per City of Federal Way detail Dwg. 3 -58. 5. Install tubular markers per City of Federal Way detail drawing 3 -58. 6. Install Raised Pavement Markers (Type 2Y RPM) as detailed per City of Federal Way detail drawing 3 -58. 7. Remove conflicting lane markings adjacent to refuge islands. 8. Install double - yellow lane markings adjacent to refuge islands. Accessible Pad, Complete In constructing the Accessible Pad, Complete, the contractor shall complete the following items as shown in plans and as incidental to this Bid item: 1. Clearing, Grubbing, Excavation and haul of shoulder soil and gravel. 2. Place a minimum of two inches of (2 ") of CSTC, compacted to ninety-five (95 %) percent standard density as shown on the plans to the eventual exterior perimeter of the asphalt surface shown on the plans. 3. Place two inches (2 ") HMA CI 1/2" PG 64 -22 (compacted depths), and match existing roadway. Remove Extruded Curb, Complete In constructing Remove Extruded Curb, Complete, the contractor shall complete the following items as shown in plans and as incidental to this Bid item: 1. Sawcutting and removal of the particular section of curbing per plan. 2. Removal of adhesive or other materials left by the removed curb, leaving a smooth, dean, traversable surface. 3. Painting the bare cut ends of curbing to match the color of the rest of the subject curb. 8 -04.4 Measurement Section 8 -04.4 is supplemented with the following: (January 11, 2015 * * * * * *) The City inspector shall designate the locations and limits of removal and replacement. Measurement for Cement Conc. Curb and Gutter and Removing Cement Conc. Curb and Gutter up to twenty-five (25) feet for curb ramp construction will be incidental to Bid item "Cement Conc. Curb Ramp Type Combination, Complete ", "Cement Conc. Curb Ramp Type Parallel, Complete ", or "Cement Conc. Curb Ramp Type Perpendicular, Complete" . All other work, materials, tools, equipment, and labor necessary for the completion of "Pedestrian Refuge Island, Complete" and "Shoulder Island, Complete" shall be considered incidental to the same. Such items may include, but are not limited to sawcutting, removal of lane markings, hauling, asphalt removal, and asphalt restoration which shall be considered incidental and will not be measured. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 127 RFB # 16 -002 2016 All other work, materials, tools, equipment, and labor necessary for the completion of "Remove Extruded Curb, Complete" shall be considered incidental to the same. Such items may include, but are not limited to sawcutting, hauling, painting, asphalt removal, and asphalt restoration which shall be considered incidental and will not be measured. Where shown on the plans or as directed by the Engineer, existing ramps to be removed and replaced with cement concrete sidewalk, traffic curb and gutter; the traffic curb and gutter shall be measured by the lineal foot of curb and gutter replaced, and shall be paid at the unit contract bid price or "Remove and Replace Cement Concrete Traffic Curb and Gutter ". 8 -04.5 Payment Section 8 -04.5 is supplemented with the following: "Pedestrian Refuge Island, Complete ", per lump sum "Shoulder Island, Complete ", per lump sum — Schedule B only "Remove Extruded Curb, Complete ", per linear foot — Schedule A only "Remove and Replace Cement Concrete Traffic Curb and Gutter ", per linear foot The lump sum Contract price for the above, including all incidental work, shall be full compensation for all costs of furnishing all material, labor, tools, and equipment necessary by the Contractor in performing the Contract Work as described in Section 8 -04. The unit contract price per linear foot shall be full payment for all incidental work, excavation, forms, preparation of subgrade, placement, backfill and compaction, HMA Class 1/2" PG 64 -22 and CSTC for pavement repair, and all other materials, tools, equipment, and labor required for the construction of same 8 -09 RAISED PAVEMENT MARKERS 8 -09.3 Construction Requirements Section 8 -09.3 is supplemented with the following: (December 12, 2012 * * * * * *) RPMs shall be installed per City of Federal Way Standard Details. All Raised Pavement Markers near the Pedestrian Refuge shall be placed no later than seven (7) days after the median curbing has been completed in each Schedule where required. RPMs shall not be ceramic. 8 -09.4 Measurement Measurement of markers will not be made and will be considered incidental to the installation of "Pedestrian Refuge Island, Complete" and "Shoulder Island ". 8 -09.5 Payment Payment will not be made for Raised Pavement Markers. 8 -14 CEMENT CONCRETE SIDEWALKS City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 128 RFB # 16 -002 2016 8 -14.1 Description Section 8 -14.1 is supplemented with the following: Existing cement concrete sidewalks shall be removed and replaced at designated locations as directed by the City. New curb ramps, and detectable warning surfaces shall conform to the details on the design plans and Current WAC for Barrier Free Design. 8 -14.2 Materials Section 8 -14.2 is supplemented with the following: Material requirements for sidewalks shall also be applied to driveway approaches and curb ramps. 8 -14.3 Construction Requirements Section 8 -14.3 is supplemented with the following: If any section of sidewalk is damaged due to vandalism, such as writing, by vehicles or pedestrians, the entire section, between joints, shall be removed and replaced, at no cost to the City. The subgrade for sidewalks, driveway approaches, and curb ramps shall be compacted to ninety-five percent (95 %) standard density. CSTC, compacted to ninety-five percent (95 %) standard density shall be placed at a depth of two inches (2 ") under sidewalks and curb ramps prior to installation. Cement Conc. Sidewalk shall be removed and replaced as shown on the plans or at designated locations as directed by the City. Cement Conc. Curb Ramp, Type Combination, Complete In constructing the Cement Conc. Curb Ramp, Type Combination, Complete, the contractor shall complete the following items as shown in plans and as incidental to this Bid item: 1. Sawcutting of curb and gutter, sidewalk or pavement 2. Clearing, Grubbing, and excavation within planter strip 3. Removing Cement Conc. Sidewalk to nearest joint or as directed by the City 4. Removing Cement Conc. Curb and Gutter adjacent to curb ramp location 5. Cement Conc. Curb and Gutter (depressed section) and associated CSTC base 6. Removal and replacement of asphalt pavement with HMA CL 1/2" PG 64 -22 and associated CSTC base. 7. Install Cement Conc. Curb Ramp, Type Combination and associated CSTC base 8. Install any necessary Cement Conc. Pedestrian Curb 9. Replace any Cement Conc. Sidewalk removed between sidewalk joint and constructed curb ramp. The City shall designate the locations and limits of removals. Cement Conc. Curb Ramp, Type Parallel, Complete In constructing the Cement Conc. Curb Ramp, Type Parallel, Complete, the contractor shall complete the following items as shown in plans and as incidental to this Bid item: City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 129 2016 RFB ver. 4 -15 1. Sawcutting of curb and gutter, sidewalk or pavement 2. Clearing, Grubbing, and excavation within planter strip 3. Removing Cement Conc. Sidewalk to nearest joint or as directed by the City 4. Removing Cement Conc. Curb and Gutter adjacent to curb ramp location 5. Cement Conc. Curb and Gutter (depressed section) and associated CSTC base 6. Removal and replacement of asphalt pavement with HMA CL 1/2" PG 64 -22 and associated CSTC base. 7. Install Cement Conc. Curb Ramp, Type Parallel and associated CSTC base 8. Install any necessary Cement Conc. Pedestrian Curb 9. Replace any Cement Conc. Sidewalk removed between sidewalk joint and constructed curb ramp. The City shall designate the locations and limits of removals. Cement Conc. Curb Ramp, Type Perpendicular, Complete In constructing the Cement Conc. Curb Ramp, Type Perpendicular, Complete, the contractor shall complete the following items as shown in plans and as incidental to this Bid item: 1. Sawcutting of curb and gutter, sidewalk or pavement 2. Clearing, Grubbing, and excavation within planter strip 3. Removing Cement Conc. Sidewalk to nearest joint or as directed by the City 4. Removing Cement Conc. Curb and Gutter adjacent to curb ramp location 5. Cement Conc. Curb and Gutter (depressed section) and associated CSTC base 6. Removal and replacement of asphalt pavement with HMA CL 1/2" PG 64 -22 and associated CSTC base. 7. Install Cement Conc. Curb Ramp, Type Perpendicular and associated CSTC base 8. Install any necessary Cement Conc. Pedestrian Curb 9. Replace any Cement Conc. Sidewalk removed between sidewalk joint and constructed curb ramp. The City shall designate the locations and limits of removals. "Thickened Edge Cement Conc. Sidewalk, Complete" shall meet all the requirements and include all of the incidental items of "Cement Conc. Sidewalk" and include a minimum depth of eight inches (8 ") on top of the modular block wall, and as shown in the plans. "Remove Cement Conc. Sidewalk, Complete" includes all incidental items necessary for the removal of cement concrete sidewalk, including but not limited to sawcutting, removal, and haul. 8- 14.3(5) Detectable Warning Surface Section 8- 14.3(5) is supplemented with the following: Detectable warning surfaces applied to existing roadways as part of "Pedestrian Refuge Island, Complete" and "Detectable Warning Surface" shall be liquid - applied Vanguard ADA Systems, or approved equal. 8 -14.4 Measurement Section 8 -14.4 is supplemented with the following: City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 130 RFB # 16 -002 2016 1 1 Cement concrete sidewalk and driveway approaches for removal and replacement shall be measured by the square yard of finished surface replaced. The City inspector shall designate the locations and limits of removal. ICement Conc. Curb Ramp, Type Combination shall be measured per each, and shall include all items necessary to install a complete curb ramp per appropriate detail, to include as incidental I the detectable warning surface, removal and replacement of existing curb ramps, curb, gutter, sidewalks, and cement conc. pedestrian curb. The City inspector shall designate the locations and limits of removal. Asphalt removal, replacement, and /or patching shall be considered I incidental. Pedestrian Curb behind the sidewalk (if required) will be considered incidental and not measured. I "Thickened Edge Cement Conc. Sidewalk, Complete ", will be measured by the square yard of completed sidewalk surface, just as Cement Conc. Sidewalk is measured. No separate measurement will be made for the extra sidewalk thickness. 1 "Remove Cement Conc. Sidewalk, Complete ", will be measured by the square yard of sidewalk surface removed. I Detectable warning surfaces constructed as part of curb ramps and "Pedestrian Refuge Island, Complete" shall not be measured. Only detectable warning surfaces built as "Detectable Warning Surface" shall be measured by the square -foot. 1 Where shown on the plans or as directed by the Engineer, existing ramps to be removed and replaced with cement concrete sidewalk, traffic curb and gutter; the traffic curb and gutter 1 shall be measured by the lineal foot of curb and gutter replaced, and shall be paid at the unit contract bid price or "Remove and Replace Cement Concrete Traffic Curb and Gutter ". 8 -14.5 Payment 1 Section 8 -14.5 is supplemented with the following: "Cement Conc. Curb Ramp Type Combination, Complete ", per each. I "Cement Conc. Curb Ramp Type Parallel, Complete ", per each. "Cement Conc. Curb Ramp Type Perpendicular, Complete ", per each. "Detectable Warning Surface ", per square foot. I "Remove and Replace Cement Concrete Sidewalk ", per square yard. "Thickened Edge Cement Conc. Sidewalk, Complete ", per square yard. "Remove Cement Conc. Sidewalk, Complete ", per square yard. 1 The lump sum or unit Contract bid price for the above shall be full compensation for all incidental work, costs of furnishing all material, labor, tools, and equipment necessary by the Contractor in performing the Contract Work as described in Section 8 -14.3. I8 -20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, INTELLINGENT TRANSPORTATION SYSTEMS, AND ELECTRICAL 1 8 -20.1 Description Section 8 -20.1 is supplemented with the following: 1 This Work consists of furnishing, installing and field testing all materials and equipment necessary to complete in place, fully functional Rectangular Rapid Flashing Beacon I City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 131 2016 RFB ver. 4 -15 System(s) in accordance with approved methods, the Plans, the Special Provisions, and these Specifications: 8- 20.1(1) Regulations and Code The first and second sentences of the first paragraph are deleted and replaced with the following: (March 13, 2012 * * * * * *) 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 (March 13, 2012 * * * * * *) The following is added at the end of the first paragraph of this section: National Electrical Safety Code (NESC), Secretary NESC, NESC Committee, IEEE Post Office Box 1331445 Hoes Lane, Piscataway, NJ 08855 -1331. 8- 20.3(4) Foundations Section 8- 20.3(4) is supplemented with the following: Foundations for the Rectangular Rapid Flashing Beacon (RRFB) Poles shall conform to the detail on the Plans. 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. 8- 20.3(18) Construction Requirements Section 8- 20.3(18) is supplemented with the following: Rectangular Rapid Flashing Beacon (RRFB) Assembly The Rectangular Rapid Flashing Beacon (RRFB) Assembly system shall meet the material requirements of Sections 9 -29.5, 9- 29.14, and 9 -29.19 of these Special Provisions. The Rectangular Rapid Flashing Beacon System shall consist of the following components: 1. Foundation, including excavation, haul and forms 2. Pole assembly and hardware 3. Breakaway base system 4. Controller 5. Rectangular Rapid Flashing Beacons and housings 6. Pushbutton assembly 7. Wiring and enclosures 8. Solar Panels 9. Back -up Battery 10. Signing Any and all other labor, materials, tools, and equipment necessary to satisfactorily complete the work as defined shall be considered incidental to "RRFB Assembly, Complete" and RRFB Assembly Double- Sided, Complete ". City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 132 RFB # 16 -002 2016 Pedestrian Push Buttons The Contractor shall provide and install accessible pedestrian pushbuttons and signs, as shown on the Plans. The position of the pedestrian pushbuttons shall be aligned parallel to the direction of travel for the crosswalk which the pushbutton is intended to serve; however final positioning for the optimum effectiveness shall be approved by the Engineer. Pushbuttons shall be mounted to the poles by means of stainless steel bolts. All mountings shall be securely fastened as approved by the Engineer. The sign legend to be used shall be sign designation R62e and shall be nine (9) inches by fifteen (15) inches. All mounting bolts shall be non - corrosive stainless steel. The pedestrian pushbutton housing shall be aluminum and shall be painted black. Unit(s) shall operate at a temperature range of -35C to 85C. Power requirements shall be 120 VAC, 60 Hz (100 ma, typical +/- 20 %). 8 -20.4 Measurement Section 8 -20.4 is supplemented with the following: Measurement for "RRFB Assembly, Complete" shall be per each and as shown on the Plans and Details. "Complete" includes foundation excavation, construction and restoration, acquisition and installation of pole, base and hardware, push- button, controller, wiring, battery, solar panel(s), signs on both sides, and RRFB flasher unit(s) on both sides such that the installed unit is fully operational per this specification. 8 -20.5 Payment Section 8 -20.5 is supplemented with the following: Payment will be made in accordance with Section 1 -04.1 for each of the following Bid items: "RRFB Assembly, Complete ", per each. The contract bid price for the above, including all incidental work, and shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work. 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 * * * * * *) City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 133 RFB # 16 -002 2016 1 The City of Federal Way, 253 - 835 -2744, shall be contacted within 2 working days of completion 1 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 I Devices (MUTCD) with Washington State Supplements. 8- 21.3(5) Sign Relocation 1 Section 8- 21.3(5) is supplemented with the following: (December 18, 2009 * * * * * *) King County METRO and /or Pierce Transit personnel will remove and reinstall all existing bus I stop signs and supports within the project limits. The Contractor shall contact King County METRO at 206 - 684 -2732 or Pierce Transit at 253 - 581 -8130 to coordinate sign work 2 weeks prior to the required sign removal or installation. A copy of the record of communication shall be forwarded to the City of Federal Way. 1 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 and returning salvaged signs to the City. I 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, sign salvage to the City, and sign relocation. Sign covering shall be incidental to other bid items and I shall not be measured. 8 -21.5 Payment 1 Section 8 -21.5 is deleted and replaced with the following: (December 13, 2012 * * * * * *) Payment will be made in accordance with Section 1 -04.1 for each of the following Bid Items: I "Permanent Signing", per lump sum. The lump sum bid price in the Proposal will be full compensation for the costs of all labor, tools, equipment, and materials necessary or incidental to installing and removing all types of signs as shown on the plans and returning to the Owner. 8 -22 PAVEMENT MARKING 8 -22.1 Description Section 8 -22.1 is supplemented with the following: (December 18, 2009 * * * * * *) 1 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: (October 23, 2014 * * * * * *) 1 Glass beads for Type A plastic shall be as recommended by the manufacturer. 1 City of Federal Way RFB # 16 -002 I 2016 Pedestrian Improvement Program Page 134 2016 RFB ver. 4 -15 8 -22.3 Construction Requirements 8- 22.3(6) Removal of Pavement Markings Section 8- 22.3(6) is supplemented with the following: (December 13, 2012 * * * * * *) 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: Measurement for "Plastic Yield Line Symbols" shall be per each and as shown on the Plans and Details. Measurement for "Plastic Crosswalk Line, Complete" shall be per square foot and as shown on the Plans and Details. Removal of conflicting markings within the crosswalk shall be incidental to the installation. No measurement shall be provided for removal of painted or plastic pavement markings within a crosswalk and shall be considered incidental to the Proposal bid items. Measurement for "Remove Plastic Traffic Arrow" shall be per each and as shown on the Plans. Measurement for "Double - Yellow Traffic Buttons" shall be per linear foot, excluding gaps in dashed or broken lines, and as shown on the Plans, Schedule A only. 8 -22.5 Payment Section 8 -22.5 is modified and replaced with the following: (December 13, 2012 * * * * * *) Payment will be made in accordance with Section 1 -04.1 for each of the following Bid items: "Plastic Crosswalk Line, Complete ", per square foot. "Plastic Yield Line Symbols ", per each. "Remove Plastic Traffic Arrow", per each. "Double - Yellow Traffic Buttons"; per linear foot, Schedule A only. The lump sum bid price in the Proposal will be full compensation for the costs of all labor, tools, equipment, and materials necessary or incidental to removing all types of markings and disposing of offsite. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 8 Page 135 RFB # 16 -002 2016 DIVISION 9 MATERIALS Division 9 of the Standard Specifications is supplemented by the following: 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 -28.1 General Section 9- 21.2(1) is modified as follows: Paragraph three is deleted and replaced with the following: (January 8, 2013 * * * * * *) All regulatory (R series), school (S series), and warning (W and X series) signs, except for parking regulation, parking prohibition signing and signs of fluorescent yellow color shall be constructed with Type III Glass Bead Retroreflective Element Material sheeting in accordance with Section 9 -28.12 of the Standard Specifications. All street name (D -3) sign sheeting shall meet this specification. The reflectivity standard of supplemental plaques shall match that of the primary sign. All overhead signing, all regulatory (R series) of fluorescent yellow color and all school (S series) of florescent yellow color shall meet the specifications of Type IX Micro Prismatic Retroreflective Element Material sheeting in accordance with Section 9 -28.12 of the Standard Specifications. The reflectivity standard of supplemental plaques shall match that of the primary sign. Motorist information and parking signing shall be constructed with Type I Glass Bead Retroreflective Element Material sheeting in accordance with Section 9 -28.12 of the Standard Specifications. 9 -28.2 Manufacturer's Identification and Date Section 9 -28.2 is deleted and replaced with the following: (October 23, 2014 * * * * * *) All signs shall show the manufacturer's name and date of manufacture on the back. 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 City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 136 RFB # 16 -002 2016 1 1 1 1 1 1 1 1 1 Greater than 30 inches, Tess than 48 inches 0.100 inches Greater than 48 inches 0.125 inches 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 -28.9 Fiberglass Reinforced Plastic Signs Section 9 -28.9 is deleted in its entirety. (December 18, 2009 * * * * * *) 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. I 9- 28.14(1) Timber Sign Posts Section 9- 28.14(1) is supplemented with the following: 1 1 1 1 1 1 1 1 1 (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. 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. City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 137 2016 RFB ver. 4 -15 Type ST 1, ST 2, ST 3, &ST4 Type SB -1, SB -2, & SB -3 Ultimate Highway Products, Allied Tube & Conduit, Inc., Northwest Pipe, Inc. Ultimate Highway Products, Xcessories Squared Development and Manufacturing Incorporated„ Northwest Pipe, Inc. 9 -29.5 School Zone Beacon & Rectangular Rapid Flashing Beacon (RRFB) Standards NEW SECTION (May 31, 2012 * * * * * *) Pole Foundations: Shall be as indicated on the plans. Sign Poles, Bases, and Caps: Sign poles shall be 4" — 8 NPT Schedule 40, galvanized steel meeting the following minimum requirements: Standard 4" Sch. 40 ASTM A53 Grade B ERW Tensile Strength, KSI 60 Yield Strength, KSI 35 Weight Per Foot 10.79 Ib. Standard Wall Thickness 0.237" Outside Diameter 4.5" Threading and deburring of the Pedestal Pole shall be in accordance with the basic dimensions of American National Standard Taper Pipe Threads, NPT (ANSI B1.2). The pole shall be pre - galvanized or galvanized after fabrication meeting the requirements below: 1. Pre - Galvanized: Pipe shall have clean square saw cuts and free of burrs. After threading threads shall be sprayed with a rust - protective zinc -rich coating. Galvanizing shall be a minimum of 1.6 oz. /ft.2. 2. Galvanized After Fabrication: Pipe shall have clean square saw cuts and free of burrs. Pole shall be hot dipped galvanized to comply with ASTM A -123 with a minimum of 1.6 oz. /ft2 after fabrication. Threads shall be heated and brushed to remove excess zinc. 3. MILL CERTIFICATION: Mill test reports to be maintained and supplied on request. PACKAGING: Threaded end shall have protective cap to prevent thread damage. Cardboard sleeve shall cover the entire length of shaft to protect surface finish during storage and shipment. Pole caps shall be Dome Type, aluminum, fitting a 4 1/2 -inch OD pole, with a stainless steel set screw, sq hd, 1/4"-20 X1/2". The pole base shall be square aluminum pedestal base with aluminum door meeting the following minimum requirements: 1. Square cast aluminum with natural finish, minimum weight of 21 lbs. with dimensions as shown in the Figure below. City of Federal Way 2016 Pedestrian Improvement P RFB ver. 4 -15 RFB # 16 -002 2016 2. Upper end shall be threaded to receive a 4" NPT pipe shaft. Base threads shall be tapped to allow full pole engagement w/o exposed threads on the pole. 3. Shall be of such design that it may be fastened to a foundation with four (4) 3/4" anchor bolts located 90 degrees apart on the bottom of the base. 4. There shall be slots in the bottom of the base 11/2" wide and 21/2" long measured along the circumference of the bolt circle, allowing a proper fit even if the bolts are placed slightly off center. 5. Shall accommodate bolt circles of a minimum of 12" through a maximum of 141/2" and anchor bolts with a minimum of 5/8" through 1" diameter. 6. Shall be equipped with a removable aluminum door. Door opening shall be free of burrs and sharp edges and be no less than 81/2" square. The door shall be attached to the base using one stainless steel socket button head screw to prevent unauthorized entry. 7. Shall be fabricated free of voids, pits, dents, molding sand and excessive foundry grinding marks. All design radii shall be smooth and intact. Exterior surface finish shall be smooth and cosmetically acceptable by being free of molding fins, cracks and other exterior blemishes. 8. Shall be fabricated from new aluminum ingot. No scrap materials shall be used. Minimum requirements as follows: a. Aluminum Alloy 319 Elongation (% in 2 ") 2 b. Tensile Strength, KSI 27 Brinell Hardness 70 -100 c. Yield Strength, KSI 18 FRANGIBILITY: The base shall meet or exceed 1985 AASHTO breakaway requirements. Test reports from an FHWA approved independent laboratory shall be provided certifying that the base has been tested and meets all applicable requirements. In addition, a statement of certification from the FHWA stating such tests have been accepted and approved shall be supplied. STRUCTURAL INTEGRITY: In order to prove structural soundness a certification from a recognized independent structural laboratory shall be provided certifying that the base will withstand a bending moment of 10,750 ft. lbs. Such test shall be performed in the following manner: 1. A force shall be applied at a distance from the bottom of the base in order to produce a moment. All bases must reach a moment capacity of 10,750 ft. lbs. without breaking, cracking or rupturing in any manner. 2. After force has been removed, the lever arm shall return to within .250" of its original rest position. 3. All tests shall be made using 4" schedule 40 Steel Pipe. A reinforcing collar shall be installed at the top of the pole base in accordance with manufacturers' instructions. The collar shall be a three segment assembly designed to retrofit onto an existing square cast aluminum or iron pedestal base. The collar shall meet the following minimum requirements: MATERIAL: Reinforcing collar shall be three -piece cast aluminum with the minimum requirements: Aluminum Alloy 713 Tensile Strength, KSI 32 City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 139 2016 RFB ver. 4 -15 1 Yield Strength, KSI 22 1 Elongation (% in 2 ") 3 Brinell Hardness 70 Minimum Wall Thickness 5/8" Minimum Overall Height 4-3/8" INSTALLATION: The collar shall be clamped around the top of a pedestal base by the use of two (2) 5/16" Socket Head Bolts per segment (Figure 1). Each segment shall have a 5/16" pilot hole for drilling through base. A 5/16" x 3/4" Roll Pin shall be driven through the collar into the base until flush to prevent the collar from walking up the base. HARDWARE: (6) 5/16 " -18 x 11/2" Socket Head Capscrews (3) 5/16" Dia. x 3/4" Roll Pins FINISH: Collar Segment: Alodine 1200 1 FASTENERS: Zinc w/ Yellow Di- Chromate In addition to meeting the above requirements, all poles, bases, collars, caps and related hardware shall be fully interchangeable with the following items manufactured by Pelco Products, Inc., Edmond, Oklahoma, such that any individual component can be replaced without requiring replacement of the entire system: • Pedestal pole, Model No PB -5200 • Square Base Assembly, Model No PB -5334 • Pole Cap, Model No PB -5402 • Pole & Base Collar Assembly, Model No PB -5325 9 -29.14 Rectangular Rapid Flashing Beacon System (September 17, 2014 * * * * * *) The Rectangular Rapid Flashing Beacon System shall be an SC 315 Gen III by Carmanah with SB435 High Performance (HP) Rectangular Rapid Flashing Beacons or approval equal system. , The Controller with Rectangular Rapid Flashing Beacons (RRFB) shall meet all FHWA and MUTCD standards. The system shall be capable of activation by a variety of devices, including pushbuttons, microwave detectors, pedestrian - activated pads and passive activation bollards. The RRFB brightness and light emitting surface dimensions shall exceed the FHWA minimum standards and shall be capable of being viewed from distances of over 1000 feet during the day and over one mile at night. The system components shall mount quickly and easily to any pole, and construction shall be durable, corrosion - resistant and protect against wind, rain and vandalism. The Rectangular Rapid Flashing Beacon System shall consist of the following components: 1 1. Controller: The Controller shall be equipped with a GPS receiver attached to its antenna unit, and the system shall not require the installation or alteration of any other equipment or associated hardware. 2. Rectangular Rapid Flashing Beacons: The RRFB housing shall contain two primary light bars mounted in compliance with MUTCD requirements, but exceeding the minimum 5" W x 2" H size and MUTCD total light emission requirements. In addition to the primary light bars, the housing shall have smaller secondary light bars mounted on each end for pedestrian notification, arrayed in a 0.4" W x 2" H rectangle. The secondary light bars shall have optional opaque covers if pedestrian notification from either or both ends of the housing is not desired. The overall dimensions of the RRFB unit shall be 29 "W x 4 "H x 1.5 "D. The LEDs used in both the primary and secondary light bars shall be rated for City of Federal Way RFB # 16 -002 2016 Pedestrian Improvement Program Page 140 2016 RFB ver. 4 -15 a minimum 15 -year life, and the light bars shall not protrude beyond the surface of the housing, shall not be mounted to the housing with exposed screws, and shall be covered with polycarbonate windows for durability and vandal resistance. The RRFB shall draw attention at distances greater than 1000 feet during the day and over 1 mile at night. The controller shall adjust RRFB brightness as outside light levels change between day and night, being brighter during the day and less bright at night. 3. Rectangular Rapid Flashing Beacon Housing: The RRFB housing shall be made of powder- coated aluminum with a minimum thickness of 0.125 ", and shall provide a mounting mechanism allowing for directional rotation of the primary light bars toward oncoming traffic at curves, corners, and roundabouts. 4. Activation Devices: The controller shall be capable of being activated by a variety of devices, including pushbuttons, microwave detectors, pedestrian - activated pads and passive - activation bollards. Pushbuttons shall be APS style units with a directional arrow. 5. On- Demand Activation, Test and Reports: Each system shall provide on- demand activation of RRFBs for emergency or any other purposes; on- demand test of communication interruption (knockdown), battery health (solar only), Beacon outage, and activation reports through the user interface. 6. Enclosure: The controller shall be housed in a vandal- resistant, aluminum, NEMA 3R pole- mounted cabinet with a lockable, hinged door. 7. Power Options: The controller unit shall be available in solar 12 VDC, 35 AHr equipped with 90W solar panels, or in 120 VAC, 50W versions. Solar- powered systems shall provide a minimum of 15 days of back -up battery power in the absence of sunlight while operating at full brightness and at standard usage levels. 8. Pole: The pole foundation and breakaway base system shall be constructed as detailed per plan and pole will be provided in accordance with section 9 -14. 9 -29.19 Pedestrian Push Buttons Section 9 -29.19 is supplemented with the following: The Contractor shall provide and install accessible pedestrian pushbuttons and signs, as shown on the Plans. The position of the pedestrian pushbuttons shall be aligned parallel to the direction of travel for the crosswalk which the pushbutton is intended to serve; however final positioning for the optimum effectiveness shall be approved by the Engineer. Pushbuttons shall be mounted to the poles by means of stainless steel bolts. All mountings shall be securely fastened as approved by the Engineer. The sign legend to be used shall be sign designation R62e as shown in the Standard Details and shall be nine (9) inches by fifteen (15) inches. All mounting bolts shall be non - corrosive stainless steel. The pedestrian pushbutton housing shall be aluminum and shall be painted black. Unit(s) shall operate at a temperature range of -35C to 85C. Power requirements shall be 120 VAC, 60 Hz (100 ma, typical +/- 20 %). 9 -29.22 Measurement Section 9 -29.22 is replaced with the following: Measurement for "RRFB Assembly, Complete" shall be per each and as shown on the Plans and Details. "Complete" includes foundation excavation, construction and restoration, acquisition and installation of pole, base and hardware, push - button, controller, wiring, battery, solar City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 Page 141 RFB # 16 -002 2016 panel(s), signs on both sides, and RRFB flasher unit(s) on both sides such that the installed unit is fully operational per this specification. 9 -29.23 Payment Section 9 -29.23 is replaced with the following: Payment will be made in accordance with Section 1 -04.1 for each of the following Bid items: "RRFB Assembly, Complete ", per each. The contract bid price for the above, including all incidental work, and shall be full compensation for all labor, materials, tools, and equipment necessary to satisfactorily complete the work. City of Federal Way 2016 Pedestrian Improvement Program RFB ver. 4 -15 END OF DIVISION 9 Page 142 RFB # 16 -002 2016 APPENDIX A STANDARD PLANS AND DETAILS • • • • • • • #mAINQ A dA km \/ §1J zz W 0 • Z Cs( X \0 \13 °D - 5 §?u <X 8( 80 °= oa< gƒ Bh (n § b } }§h§ i- w S L8 k _ )= §/k §\ § 2 m ƒ i_m §< § Jix n �W• k2 _ce §2§ 0 § °o c <� mn= /\§ �k ®� _2k k. « §2� )?ƒ/ 6§¥ Eo9 ooe� coe uu_ ouzo (Wo #)§ #§(/ z�1- o § oW mz3 a3 mo., \\0 \\ <\ 2 §�k § <§ ®. \k\ ) £\U) t- m �§ § 0 .-Q WI$ /g �I§G \CO 82 M/ }� ±[ 03 zI z S§ k5 §u6 < X £may In < 7. MONOLITHIC POURS OF CURB AND SIDEWALK ARE NOT ALLOWED. CC W 0 z 2) ZO ƒ 2A7 %< 0� < ce E °wo a.k, ■ m6 2 =§(° =@oi goy 1-0 Ow _ §U ] 0 \§ / § \ ƒ\§ \ \ CO A �m k 1/4" 'V'- GROOVE ±k@ W° k¥2 1/4" 'V' -GROG 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ce 0 MOUNTABLE CEMENT CONCRETE CURBS z „Z/L 9 « NOTE: TOP OF LIP AT DRIVEWAYS. NEW CEMENT CONCRETE CURB & GUTTER TYPE 'C' BLOCK TRAFFIC CURB NOTES: 1. SEE DWG. 3 -3 FOR JOINT REQUIREMENTS. 2. ROLL GUTTER TO MATCH POSITIVE SUPERELEVATION. BE USED ONLY AS APPROVED BY THE PUBLIC WORKS DEPT. REV: FEB 2011 CEMENT CONCRETE BARRIER CURB 6 z'. 6 A CURB AND GUTTER Lfl3MYS 12 7 _ V K • ao U z u1 CEMENT CONCRETE CURB & GUTTER REPLACEMENT' 0 La uJ H W U O U w w cJ • Q J J � • 0 • N W U d W D CO Ct Z Z H .71c N X 3. WW Q o Z .- 0 APRIL 2012 o Q z d • ch 0 1- Z w 2 ci w m J act wp CL w Cp I- I- D X • w pCI Z QQ CO V 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Cement Conc. Barrier Curb See Detail A, below 3" Shiner (TYP.) (TYP.) 4' Sidewalk Curb /Gutter 12:1 00000000000000000 00000000000000000 00000000000000000 00000000000000000 12:1 2' (TYP.) 4" 7 1 /4" V ( "Western ") Groove (TYP) Saw cut 'Match Line' (TYP.) Sidewalk Curb /Gutter Center of - Curb Ramp as Marked in Field. Cement Conc. Barrier Curb (SEE DWG 3 -4) 0.35' ± (4 Ai/N(3 Distance will vary Dummy Joint (TYP.) DETECTABLE WARNING PATTERN (SEE DETAIL) REV. MAR 2011 DETECTABLE WARNING PATTERN (SEE DETAIL) DETECTABLE WARNING PATTERN AREA SHALL BE YELLOW, IN COMPLIANCE WITH WSDOT STD. SPEC. 8- 14.3(3) A PLAN ELEVATION DETECTABLE WARNING PATTERN DETAIL OM GO F PUBLIC MY WORKS CURB RAMP WITH SIDEWALK (NO PLANTER STRIP) DWG. NO. 3 -8A MIN. MAX. A 1 5/8" 2 3/8" B 5/8" 1 1/2" C 7/16" 3/4" D 7/8" 1 7/16" A PLAN ELEVATION DETECTABLE WARNING PATTERN DETAIL OM GO F PUBLIC MY WORKS CURB RAMP WITH SIDEWALK (NO PLANTER STRIP) DWG. NO. 3 -8A J Q I- w 0 W a. Ct I- o CROSSWALK WSDOT STANDARD PLAN M -24.40 W W N I in in z a vi c N M J N M c N N J o N TRAFFIC ARROWS TYPE STANDARD PLAN M -24.60 1- 0 0 C/) W W V) TOOTH" YIELD LINE SYMBOL - STANDARD PLAN M -24.60 1- 0 0 N W W N HANDICAPPED PARKING STALL SYMBOL STANDARD PLAN M -9.50 BIKE LANE SYMBOL - SEE WSDOT SYMBOL - SEE WSDOT STANDARD PLAN M -7.50 W Z 4 -J PREFERENTIAL Rev. NOV 2014 cn z it Q 2 H z w 2 w Q o- w D 0 w z a J J w 0 CO 2 U (f) J Y CO X O d 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 NOTES FOR CONCRETE STEPS: CLASS 3000. CONCRETE: CEMENT WITHIN 3/8" MAX. vi 0 Z w 0 VI U WW w C.!) L, w <0 RISERS: 7" MAX., 5" MIN. 1- z Lt.; o w Mw (n 5- w . w < rx o 3 70 � Cr Z Q(n OwCC • V)iW mw CC mw - =< H < W I- 0 3 X00 wQ Z Ww Mo m ID C <0 Li - 7Z 0g0 N _w w= (/) : (5 :a CY i3 < 9 J W OJ m O (.1) <O W (p (f) CO Ce 0 1 d N \ 0 VI < 0 0 U < ( ) =00 Oin o J�Z I _ < 0 W W HO i�Vl �O� N M i- 0 w 0 5 z s Z 3 MAX. VERTICAL DISTANCE BETWEEN LANDINGS IS 12'. I n NOTES FOR HANDRAILS: GALVANIZED STEEL OR ALUMINUM (40 GAUGE MIN). O.D. ROUND OR OVAL PIPE. 0 SMOOTH SURFACE AND JOINTS. 0 0 3 N vi CONCRETE CLASS 3000. POSTS SET IN W W cr Z U `n U N t 0 0 tn e ZC METAL HANDRAIL REV. Jan 2014 x J Q F 1— O Q 0 °W L1 xm co W< 0 E N X LII Z O V N_ Q U1 - > L1 Q >-- 0 co Ct O m J ♦- .� Q L H W co LL. z L') CO Z x 0 (.0 U) 0 U t A 1 A A A 11 w a w U Z 0 } 0 ¢ ~U co WD D NOTE: DIMENSIONS MAY VARY Z O O E a Y D IY Z U 00 J CO z 0 a x w Ho } z L w ISLAND CONSTRUCTION DETAILS dui Ow >- U) 00 HU) z Q0 a0 U) z� cr a U m J 0 ra E ~ F w c Z W O • 0 Q 2 Z > Q cc x dU)x UQ CY J Q: 0 Z Z U) E 0_ x v z 0<wO- <mO • >} m N 0 b w H 0 JULL III 0 Q W L1 0 IX co H�Ct 000 JI ii ii ii Z 0 0zz aJ 00 w Z co U) Z IL < LL w O ma D0 F 00 co cc Ow _ a - w W mo 0 H 50' IF YIELD SYMBOLS USED a o � ~ 0 J�x 0zc) Q d U) O �H (f)w w F z O }Q_1 _1 m D W 2 az 0 J Q } co co Oz c U � 0 U H 2 W L tL w U Z V fii) I 0 NOTE: ALL SIGNS SHALL BE FLOURESCENT YELLOW -GREEN BACKGROUND EXCEPT R1 -5a REV. JUL 2016 CD X O M z op � M 4' -- cr MIN. — SEE CONTRACT PLANS. 316" EXPANSION JOINT (TYP.) — SEE STANDARD PLAN F -30.1 LANDING 4'- 0' MIN. — A SEE CONTRACT PLANS PEDESTRIAN CURB — 3/S" EXPANSION JOINT (TYP.) - -NOTE 9 SEE STANDARD PLAN F -30.10 =LANDING r f 0 o: U J �m 0 SIDEWALK SIDEWALK I 'M.- t 4' - 0" MAN. (TYP.) - CURB & GUTTER SEE CONTRACT PLANS r CURB RAMP CURB RAMP CURB RAMP _ DETECTABLE WARNING SURFACE - 4'- W MIN. (TYP.) - FACE OF CURB SEE STANDARD PLAN F-46.10 SEE CONTRACT PLANS DEPRESSED CURB & GUTTER FACE OF CURB f CROSSWALK t PLAN VIEW DETECTABLE WARNING SURFACE — TYPE PARALLEL A SEE STANDARD PLAN F -46.10 t_ 4 - Cr MIN. CEMENT CONCRETE PEDESTRIAN CURB — SEE NOTE 9 15'- 0" MAX. SEE NOTE 7 SIDEWALK -71 !^ GRADE BREAK 6.3% MAX... 4 - ("MIN. CONTRACT 2.0% MAX. SEE CONTRACT PLANS P. 2.0% MAX. yI f W LANDING SECTION % A } 15'- D" MAX. SEE NOTE 7 GRADE BREAK &.396 MI►X 161 \- CURB RAMP L LANDING CURB RAMP 316" EXPANSION JOINT (TYP.) - SEE STANDARD PLAN F -30.10 SECTION [ B } "CEMENT CONCRETE CURB RAMP TYPE PARALLEL A" PAY LIMIT - SEE NOTE 6 ISOMETRIC VIEW TYPE PARALLEL A PAY LIMIT CROSSWALK NOTES 1. Provide a separate Curb Ramp for each marked or unmarked crosswalk. PEDESTRIAN CURB - Curb Ramp location shall be placed within the width of the associated SEE NOTE a crosswalk, or as shown in the Contract Plans. 2. Where "GRADE BREAK" is called out, the entire length of the grade break between the two adjacent surface planes shall be flush. 3. Do not place Gratings, Junction Boxes, Access Covers, or other appurte- nances in front of the Curb Ramp or on any part of the Curb Ramp or -- Q Landing, 3" R. 4. See Contract Plans for the curb design specified. See Standard Plan F -10.12 for Curb, Curb and Gutter, Depressed Curb and Gutter, and DETECTABLE WARNING SURFACE - Pedestrian Curb details. SEE STANDARD PLAN F-W.10 5. See Standard Plan F-30.10 for Cement Concrete Sidewalk Details. See Contract Plans for width and placement of sidewalk. DEPRESSED CURB & GUTTER 5. PLAN VIEW TYPE PARALLEL B - GRADE BREAK COUNTEft SLOPE TOP OF 5.0% l ROADWAY DEPRESSED CURB & GUTTER - SEE STANDARD PLAN F -10.12 AND NOTE 6 SIDEWALK 7. The Curb Ramp maximum running slope shall not require the ramp length to exceed 15 feet to avoid chasing the slope indefinitely when connecting to steep grades. When applying the 15 -foot max. length, the running slope of the curb ramp shall be as flat as feasible. B. Curb Ramp, Landing, and Flares shall receive broom finish. See Standard Specifications 8-14. 9. Pedestrian Curb may be omitted If the ground surface at the back of the Curb Ramp and/or Landing will be at the same elevation as the Curb Ramp or Landing and there will be no material to retain. _ 116- 0" MAX. 4'- W N9N. SEE NOTE 7 SEE CONTRACT PLANS LEGEND �- GRADE BREAK GRADE BREAK 8.396 MAX. .., 2.0% MAX. f L CURB RAMP PEDESTRIAN CURB - LANDING SEE NOTE 9 316" EXPANSION JOINT (TYP.) - SEE STANDARD PLAN F -30.10 SECTION "CEMENT CONCRETE CURB RAMP TYPE PARALLEL ISOMETRIC VIEW TYPE PARALLEL B PAY LIMIT SLOPE IN EITHER DIRECTION 5.30• 7,e13 PARALLEL CURB RAMP STANDARD PLAN F- 40.12 -02 SHEET 1 OF 1 SHEET APPR IIED f P ]BLICATIOM SIAILMMNENOINEM. Dhir TIi Wmhirmom Stott Dow I im t aF Transpoda"n v 0 U J m C CEMENT CONCRETE PEDESTRIAN CURB - SEE NOTE 9 CURB RAMP CEMENT CONCRETE PEDESTRIAN CURB - SEE NOTE 9 CEMENT CONCRETE CURB & GUTTER - SEE NOTES 4 & 6 DETECTABLE WARNING SURFACE - SEE STANDARD PLAN F46.10 CEMENT CONCRETE PEDESTRIAN CURB - SEE NOTE 9 CURB RAMP CEMENT CONCRETE PEDESTRIAN CURB (TYP.) - SEE NOTE 9 UO 4'- 0" MIN. - SEE CONTRACT PLANS LANDING CURB RAMP MATCH SIDEWALK (4' - (- MIN.) - %LL SEE CONTRACT PLANS 31W EXPANSION JOINT (TYP.) - SEE STANDARD PLAN F -30.10 BUFFER STRIP (TYP.) - SEE CONTRACT PLANS DEPRESSED CURB & GUTTER SEE NOTES 4 & 6 PLAN VIEW TYPE COMBINATION WITH BUFFER 4'- 0"MIN. SEE CONTRACT PLANS 2.0% MAX. a L I\- LANDING SECTION CEMENT CONCRETE PEDESTRIAN CURB - SEE NOTE B DETECTABLE WARNING SURFACE - SEE STANDARD PLAN F416.10 pll DEPRESSED CURB AND GUTTER •- SEE NOTES 4 & e CEMENT CONCRETE CURB AND GUTTER - SEE NOTES 4 & 6 DETAIL 0 CURB RADIUS DETAIL NOTES 1. Provide a separate Curb Ramp for each marked or unmarked crosswalk. Curb Ramp location shall be placed within the width of the associated crosswalk or as shown in the Contract Plans. 2. Where "GRADE BREAK"' is called out, the entire length of the grade break between the two adjacent surface planes shall be flush. 3" R. 3. Do not place Gratings, Junction Boxes, Access Covers, or other appurtenances in front of (TYP-) the Curb Ramp or on any part of the Curb Ramp or Landing. 4. See Contract Plans for the curb design specified. See Standard Plan F -10.12 for Curti, Curb and Gutter, Depressed Curb, Gutter and Pedestrian Curb details. 5. See Standard Plan F -30.10 for Cement Concrete Sidewalk Details. See Contract Plans for width and placement of sidewalk. 8. 7. The Curb Ramp maximum running slope shall not require the ramp length to exceed 15 feet to avoid chasing the slope indefinitely when connecting to steep grades. When applying the 15 -foot max. length, the running slope of the Curb Ramp shall be as flat as feasible. 8. Curb Ramp, Landing and Flares shall receive broom finish. See Standard Specificatlone 9-14. 9. Pedestrian Curb may be omitted if the ground surface at the back of the Curb Ramp and/or Landing will be at the same elevation as the Curb Ramp or Landing and there will not be material to retain. LEGEND SLOPE IN EITHER DIRECTION DETECTABLE WARNING SURFACE - 15' - 0" MAX. SEE STANDARD PLAN F-45.10 5EE NOTE 7 GRADE BREAK 15'- 0" MAX. 4'- 0" MIN. 15 - 0" MAX. GRADE SEE NOTE 7 SEE CONTRACT PLANS SEE NOTE 7� BREAK r GRADE BREAK fi SLOPS TOP OF GRADE BREAK — $.396 MAX C�}U5.p MAXI ROADWAY f 8. a r ' B� 3� 1 -``- f 396 2.096 MAX. C I CURB RAMP �_ DEPRESSED CURB AND GUTTER - SEE STANDARD PLAN F -10.12 AND NOTE e 4'- O-MIN. 3'- 0"MIN. -SEE SEE CONTRACT PLANS CONTRACT PLAN: BUFFER 'v 2.0% MAX STRIP A r SECTION 1, 8 j TOP OF ROADWAY CEMENT CONCRETE CURB AND GUTTER - SEE NOTES 4 & 6 \- CURB RAMP �— LANDING ` CURB RAMP 318" EXPANSION JOINT (TYP.) - SEE STANDARD PLAN Fa0.10 �- SECTION H "CEMENT CONCRETE CURB RAMP TYPE COMBINATION" PAY LIMIT - SEE NOTE 6 y� e ISOMETRIC VIEW TYPE COMBINATION PAY LIMIT S-36-13 COMBINATION CURB RAMP STANDARD FLAN F-- 400.1402 SHEET 1 OF 4 SHEET APPR D F BLICATION� -STATE N FNP Wk W=hlr*km SAMe DepolawH er TrunsWilullm APPENDIX B PREVAILING WAGE RATES AND BENEFIT CODE KEY Page 1 of 17 State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360 - 902 -5335 PO Box 44540, Olympia, WA 98504 -4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 7/5/2016 County Trade Job Classification Wag a Holidayl Overtime Note King Asbestos Abatement Workers Journey Level $43.95 5D 1 H King Boilermakers Journey Level $64.29 5N 1C King Brick Mason Journey Level $52.82 5A 1M King Brick Mason Pointer- Caulker - Cleaner $52.82 5A 1M King Building Service Employees Janitor $22.09 5S 2F King Building Service Employees Traveling Waxer /Shampooer $22.54 5S 2F King Building Service Employees Window Cleaner (Non- Scaffold) $23.99 5S 2F King Building Service Employees Window Cleaner (Scaffold) $26.78 5S 2F King Cabinet Makers In Shop) Journey Level $22.74 1 King Carpenters Acoustical Worker $54.02 5D 4C King Carpenters Bridge, Dock And Wharf Carpenters $54.02 5D 4C King Carpenters Carpenter $54.02 5D 4C King Carpenters Carpenters on Stationary Tools $54.15 5D 4C King Carpenters Creosoted Material $54.12 5D 4C King Carpenters Floor Finisher $54.02 5D 4C King Carpenters Floor Layer $54.02 5D 4C King Carpenters Scaffold Erector $54.02 5D 4C King Cement Masons Journey Level $53.95 7A 1M King Divers Et Tenders Diver $107.22 5D 4C 8A King Divers Et Tenders Diver On Standby $64.42 5D 4C King Divers Et Tenders Diver Tender $58.33 5D 4C King Divers Et Tenders Surface Rcv Et Rov Operator $58.33 5D 4C King Divers Et Tenders Surface Rcv Et Rov Operator Tender $54.27 5A 4C King Dredge Workers Assistant Engineer $56.44 5D 3F King Dredge Workers Assistant Mate (Deckhand) $56.00 5D 3F King Dredge Workers Boatmen $56.441 5D 3F King Dredge Workers Engineer Welder $57.511 5D 3F King Dredge Workers Leverman, Hydraulic $58.67 5D 3F https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 2 of 17 King Dredge Workers Mates $56.44 5D 3F King Dredge Workers Oiler $56.00 5D 3F King Drywall Applicator Journey Level $54.02 5D 1H King Drywall Tapers Journey Level $54.07 5P 1 E King Electrical Fixture Maintenance Workers Journey Level $27.24 5L 1E King Electricians - Inside Cable Splicer $69.77 7C 4E King Electricians - Inside Cable Splicer (tunnel) $74.95 7C 4E King Electricians - Inside Certified Welder $67.41 7C 4E King Electricians - Inside Certified Welder (tunnel) $72.37 7C 4E King Electricians - Inside Construction Stock Person $37.94 7C 4E King Electricians - Inside Journey Level $65.05 7C 4E King Electricians - Inside Journey Level (tunnel) $69.77 7C 4E King Electricians - Motor Shop Craftsman $15.37 1 King Electricians - Motor Shop Journey Level $14.69 1 King Electricians - Powerline Construction Cable Splicer $74.92 5A 4D King Electricians - Powerline Construction Certified Line Welder $65.71 5A 4D King Electricians - Powerline Construction Groundperson $44.12 5A 4D King Electricians - Powerline Construction Heavy Line Equipment Operator $65.71 5A 4D King Electricians - Powerline Construction Journey Level Lineperson $65.71 5A 4D King Electricians - Powerline Construction Line Equipment Operator $55.34 5A 4D King Electricians - Powerline Construction Pole Sprayer $65.71 5A 4D King Electricians - Powerline Construction Powderperson $49.16 5A 4D King Electronic Technicians Journey Level $31.00 1 King Elevator Constructors Mechanic $85.45 7D 4A King Elevator Constructors Mechanic In Charge $92.35 7D 4A King Fabricated Precast Concrete All Classifications - In- Factory Work Only $16.55 5B 1R Products King Fence Erectors Fence Erector $15.18 1 King ELag ers Journey Level $37.26 7A 31 King Glaziers Journey Level $56.16 7L 1y King Heat Et Frost Insulators And Journeyman $63.18 5J 1S Asbestos Workers King Heating Equipment Mechanics Journey Level $72.83 7F 1E King Hod Carriers Et Mason Tenders Journey Level $45.32 7A 31 King Industrial Power Vacuum Cleaner Journey Level $9.47 1 King Inland Boatmen Boat Operator $56.78 5B 1K King Inland Boatmen Cook $53.30 5B 1K King Inland Boatmen Deckhand $53.301 5B 1K https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 3 of 17 King Inland Boatmen IDeckhand Engineer 1 $54.321 5B I 1 K King Inland Boatmen Launch Operator $55.57 5B 1K King Inland Boatmen Mate $55.57 5B 1K King Inspection /Cleaning /Sealing Cleaner Operator, Foamer Operator $31.49 1 Of Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Grout Truck Operator $11.48 1 Of Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Head Operator $24.91 1 Of Sewer Et Water Systems By Remote Control King Inspection /Cleaning Technician $19.33 1 Of Sewer Et Water Systems By Remote Control King Inspection /Cleaning /Sealing Tv Truck Operator $20.45 1 Of Sewer Et Water Systems By Remote Control King Insulation Applicators Journey Level $54.02 5D 4C King Ironworkers Journeyman $63.53 7N 10 King Laborers Air, Gas Or Electric Vibrating Screed $43.95 7A 31 King Laborers Airtrac Drill Operator $45.32 7A 31 King Laborers Ballast Regular Machine $43.95 7A 31 King Laborers Batch Weighman $37.26 7A 31 King Laborers Brick Pavers $43.95 7A 31 King Laborers Brush Cutter $43.95 7A 31 King Laborers Brush Hog Feeder $43.95 7A 31 King Laborers Burner $43.95 7A 31 King Laborers Caisson Worker $45.32 7A 31 King Laborers Carpenter Tender $43.95 7A 31 King Laborers Caulker $43.95 7A 31 King Laborers Cement Dumper - paving $44.76 7A 31 King Laborers Cement Finisher Tender $43.951 7A 31 King Laborers Change House Or Dry Shack $43.95 7A 31 King Laborers Chipping Gun (under 30 Lbs.) $43.95 7A 31 King Laborers Chipping Gun(30 Lbs. And Over) $44.76 7A 31 King Laborers Choker Setter $43.95 7A 31 King Laborers Chuck Tender $43.95 7A 31 King Laborers Clary Power Spreader $44.76 7A 31 King Laborers Clean -up Laborer $43.95 7A 31 King Laborers Concrete Dumper /chute Operator $44.76 7A 31 King Laborers Concrete Form Stripper $43.95 7A 31 King Laborers Concrete Placement Crew $44.76 7A 31 King Laborers Concrete Saw Operator /core Driller $44.76 7A 31 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 4 of 17 King ILaborers Crusher Feeder 1 $37.261 7A 1 31 King Laborers Curing Laborer $43.95 7A 31 King Laborers Demolition: Wrecking Et Moving (incl. Charred Material) $43.95 7A 31 King Laborers Ditch Digger $43.95 7A 31 King Laborers Diver $45.32 7A 31 King Laborers Drill Operator (hydraulic, diamond) $44.76 7A 31 King Laborers Dry Stack Walls $43.95 7A 31 King Laborers Dump Person $43.95 7A 31 King Laborers Epoxy Technician $43.95 7A 31 King Laborers Erosion Control Worker $43.95 7A 31 King Laborers Faller Et Bucker Chain Saw $44.76 7A 31 King Laborers Fine Graders $43.95 7A 31 King Laborers Firewatch $37.26 7A 31 King Laborers Form Setter $43.95 7A 31 King Laborers Gabian Basket Builders $43.951 7A 31 King Laborers General Laborer $43.95 7A 31 King Laborers Grade Checker Et Transit Person $45.32 7A 31 King Laborers Grinders $43.95 7A 31 King Laborers Grout Machine Tender $43.95 7A 31 King Laborers Groutmen (pressure)including Post Tension Beams $44.76 7A 31 King Laborers Guardrail Erector $43.95 7A 31 King Laborers Hazardous Waste Worker (level A) $45.32 7A 31 King Laborers Hazardous Waste Worker (level B) $44.76 7A 31 King Laborers Hazardous Waste Worker (level C) $43.95 7A 31 King Laborers High Scaler $45.32 7A 31 King Laborers Jackhammer $44.76 7A 31 King Laborers Laserbeam Operator $44.76 7A 31 King Laborers Maintenance Person $43.95 7A 31 King Laborers Manhole Builder - mudman $44.76 7A 31 King Laborers Material Yard Person $43.95 7A 31 King Laborers Motorman -dinky Locomotive $44.76 7A 31 King Laborers Nozzleman (concrete Pump, Green Cutter When Using Combination Of High Pressure Air Et Water On Concrete Et Rock, Sandblast, Gunite, Shotcrete, Water Bla $44.76 7A 31 King Laborers Pavement Breaker $44.76 7A 31 King Laborers Pilot Car $37.26 7A 31 King Laborers Pipe Layer Lead $45.32 7A 31 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 5 of 17 King Laborers Pipe Layer /tailor $44.761 7A 31 King Laborers Pipe Pot Tender $44.761 7A 31 King Laborers Pipe Reliner $44.76 7A 31 King Laborers Pipe Wrapper $44.76 7A 31 King Laborers Pot Tender $43.95 7A 31 King Laborers Powderman $45.32 7A 31 King Laborers Powderman's Helper $43.95 7A 31 King Laborers Power Jacks $44.76 7A 31 King Laborers Railroad Spike Puller - Power $44.76 7A 31 King Laborers Raker - Asphalt $45.32 7A 31 King Laborers Re- timberman $45.32 7A 31 King Laborers Remote Equipment Operator $44.76 7A 31 King Laborers Rigger /signal Person $44.76 7A 31 King Laborers Rip Rap Person $43.95 7A 31 King Laborers Rivet Buster $44.76 7A 31 King Laborers Rodder $44.76 7A 31 King Laborers Scaffold Erector $43.95 7A 31 King Laborers Scale Person $43.95 7A 31 King Laborers Sloper (over 20 ") $44.76 7A 31 King Laborers Sloper Sprayer $43.95 7A 31 King Laborers Spreader (concrete) $44.76 7A 31 King Laborers Stake Hopper $43.95 7A 31 King Laborers Stock Piler $43.95 7A 31 King Laborers Tamper Et Similar Electric, Air Et Gas Operated Tools $44.76 7A 31 King Laborers Tamper (multiple Et Self- propelled) $44.76 7A 31 King Laborers Timber Person - Sewer (lagger, Shorer Et Cribber) $44.76 7A 31 King Laborers Toolroom Person (at Jobsite) $43.95 7A 31 King Laborers Topper $43.95 7A 31 King Laborers Track Laborer $43.95 7A 31 King Laborers Track Liner (power) $44.76 7A 31 King Laborers Traffic Control Laborer $39.84 7A 31 8R King Laborers Traffic Control Supervisor $39.84 7A 31 8R King Laborers Truck Spotter $43.95 7A 31 King Laborers Tugger Operator $44.76 7A 31 King Laborers Tunnel Work- Compressed Air Worker 0 -30 psi $74.29 7A 31 King Laborers Tunnel Work- Compressed Air Worker 30.01 -44.00 psi $79.32 7A 31 King Laborers Tunnel Work- Compressed Air Worker 44.01 -54.00 psi $83.00 7A 31 King Laborers Tunnel Work- Compressed Air Worker 54.01 -60.00 psi $88.70 7A 31 8Q King Laborers Tunnel Work- Compressed Air Worker 60.01 -64.00 psi $90.82 7A 31 8Q https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 6 of 17 King Laborers Tunnel Work- Compressed Air Worker 64.01 -68.00 psi $95.92 7A 31 8Q King Laborers Tunnel Work- Compressed Air Worker 68.01 -70.00 psi $97.82 7A 31 King Laborers Tunnel Work- Compressed Air Worker 70.01 -72.00 psi $99.82 7A 31 King Laborers Tunnel Work- Compressed Air Worker 72.01 -74.00 psi $101.82 7A 31 King Laborers Tunnel Work -Guage and Lock Tender $45.42 7A 31 King Laborers Tunnel Work -Miner $45.42 7A 31 King Laborers Vibrator $44.76 7A 31 King Laborers Vinyl Seamer $43.951 7A 31 King Laborers Watchman $33.86 7A 31 King Laborers Welder $44.76 7A 31 King Laborers Well Point Laborer $44.76 7A 31 King Laborers Window Washer /cleaner $33.86 7A 31 King Laborers - Underground Sewer General Laborer Et Topman $43.95 7A 31 Et Water King Laborers Underground Sewer Pipe Layer $44.76 7A 31 Et Water King Landscape Construction Irrigation Or Lawn Sprinkler Installers $13.56 1 King Landscape Construction Landscape Equipment Operators Or Truck Drivers $28.17 1 King Landscape Construction Landscaping or Planting Laborers $17.87 1 King Lathers Journey Level $54.02 5D 1H King Marble Setters Journey Level $52.82 5A 1M King Metal Fabrication (In Shop) Fitter $15.86 1 King Metal Fabrication (In Shop) Laborer $9.78 1 King Metal Fabrication In Shop) Machine Operator $13.04 1 King Metal Fabrication In Shop) Painter $11.10 1 King Metal Fabrication (In Shop) Welder $15.48 1 King Millwright Journey Level $55.52 5D 4C King Modular Buildings Cabinet Assembly $11.56 1 King Modular Buildings Electrician $11.56 1 King Modular Buildings Equipment Maintenance $11.56 1 King Modular Buildings Plumber $11.56 1 King Modular Buildings Production Worker $9.47 1 King Modular Buildings Tool Maintenance $11.56 1 King Modular Buildings Utility Person $11.56 1 King Modular Buildings Welder $11.56 1 King Painters Journey Level $39.35 6Z 2B King Pile Driver Journey Level $54.27 5D 4C King Plasterers Journey Level $51.68 1R King Playground Et Park Equipment Journey Level $9.47 1 Installers https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 7 of 17 King Plumbers >t Pipefitters Journey Level $75.691 6Z 1G King Power Equipment Operators Asphalt Plant Operators $56.94 7A 3C 8P King Power Equipment Operators Assistant Engineer $53.57 7A 3C 8P King Power Equipment Operators Barrier Machine (zipper) $56.44 7A 3C 8P King Power Equipment Operators Batch Plant Operator, Concrete $56.44 7A 3C 8P King Power Equipment Operators Bobcat $53.57 7A 3C 8P King Power Equipment Operators Brokk - Remote Demolition Equipment $53.57 7A 3C 8P King Power Equipment Operators Brooms $53.57 7A 3C 8P King Power Equipment Operators Bump Cutter $56.44 7A 3C 8P King Power Equipment Operators Cableways $56.94 7A 3C 8P King Power Equipment Operators Chipper $56.44 7A 3C 8P King Power Equipment Operators Compressor $53.57 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Over 42 M $56.94 7A 3C 8P King Power Equipment Operators Concrete Finish Machine -laser Screed $53.57 7A 3C 8P King Power Equipment Operators Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $56.00 7A 3C 8P King Power Equipment Operators Concrete Pump: Truck Mount With Boom Attachment Up To 42m $56.44 7A 3C 8P King Power Equipment Operators Conveyors $56.00 7A 3C 8P King Power Equipment Operators Cranes Friction: 200 tons and over $58.67 7A 3C 8P King Power Equipment Operators Cranes: 20 Tons Through 44 Tons With Attachments $56.44 7A 3C 8P King Power Equipment Operators Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $57.51 7A 3C 8P King Power Equipment Operators Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $58.10 7A 3C 8P King Power Equipment Operators Cranes: 300 tons and over or 300' of boom including jib with attachments $58.67 7A 3C 8P King Power Equipment Operators Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $56.94 7A 3C 8P King Power Equipment Operators Cranes: A -frame - 10 Tons And Under $53.57 7A 3C 8P King Power Equipment Operators Cranes: Friction cranes through 199 tons $58.10 7A 3C 8P King Power Equipment Operators Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $56.00 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 8 of 17 King lPower Equipment Operators ICrusher 1 $56.441 7A I 3C I 8P King Power Equipment Operators Deck Engineer /deck Winches (power) $56.44 7A 3C 8P King Power Equipment Operators Derricks, On Building Work $56.94 7A 3C 8P King Power Equipment Operators Dozers D -9 Et Under $56.00 7A 3C 8P King Power Equipment Operators Drill Oilers: Auger Type, Truck Or Crane Mount $56.00 7A 3C 8P King Power Equipment Operators Drilling Machine $57.51 7A 3C 8P King Power Equipment Operators Elevator And Man -lift: Permanent And Shaft Type $53.57 7A 3C 8P King Power Equipment Operators Finishing Machine, Bidwell And Gamaco Et Similar Equipment $56.44 7A 3C 8P King Power Equipment Operators Forklift: 3000 Lbs And Over With Attachments $56.00 7A 3C 8P King Power Equipment Operators Forklifts: Under 3000 Lbs. With Attachments $53.57 7A 3C 8P King Power Equipment Operators Grade Engineer: Using Blue Prints, Cut Sheets, Etc $56.44 7A 3C 8P King Power Equipment Operators Gradechecker /stakeman $53.57 7A 3C 8P King Power Equipment Operators Guardrail Punch $56.44 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $56.94 7A 3C 8P King Power Equipment Operators Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $56.44 7A 3C 8P King Power Equipment Operators Horizontal/ directional Drill Locator $56.00 7A 3C 8P King Power Equipment Operators Horizontal/ directional Drill Operator $56.44 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks Over 10 Tons $56.00 7A 3C 8P King Power Equipment Operators Hydralifts /boom Trucks, 10 Tons And Under $53.57 7A 3C 8P King Power Equipment Operators Loader, Overhead 8 Yards. Et Over $57.51 7A 3C 8P King Power Equipment Operators Loader, Overhead, 6 Yards. But Not Including 8 Yards $56.94 7A 3C 8P King Power Equipment Operators Loaders, Overhead Under 6 Yards $56.44 7A 3C 8P King Power Equipment Operators Loaders, Plant Feed $56.44 7A 3C 8P King Power Equipment Operators Loaders: Elevating Type Belt $56.001 7A 3C 8P King Power Equipment Operators Locomotives, All $56.44 7A 3C 8P King Power Equipment Operators Material Transfer Device $56.44 7A 3C 8P King Power Equipment Operators Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $57.51 7A 3C 8P King Power Equipment Operators Motor Patrol Graders $56.94 7A 3C 8P King Power Equipment Operators $56.94 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 9 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield King Power Equipment Operators Oil Distributors, Blower Distribution Et Mulch Seeding Operator $53.57 7A 3C 8P King Power Equipment Operators Outside Hoists (elevators And Manlifts), Air Tuggers,strato $56.00 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $56.44 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 100 Tons And Over $57.51 7A 3C 8P King Power Equipment Operators Overhead, Bridge Type: 45 Tons Through 99 Tons $56.94 7A 3C 8P King Power Equipment Operators Pavement Breaker $53.57 7A 3C 8P King Power Equipment Operators Pile Driver (other Than Crane Mount) $56.44 7A 3C 8P King Power Equipment Operators Plant Oiler - Asphalt, Crusher $56.00 7A 3C 8P King Power Equipment Operators Posthole Digger, Mechanical $53.57 7A 3C 8P King Power Equipment Operators Power Plant $53.57 7A 3C 8P King Power Equipment Operators Pumps - Water $53.57 7A 3C 8P King Power Equipment Operators Quad 9, Hd 41, D10 And Over $56.94 7A 3C 8P King Power Equipment Operators Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $53.57 7A 3C 8P King Power Equipment Operators Remote Control Operator On Rubber Tired Earth Moving Equipment $56.94 7A 3C 8P King Power Equipment Operators Rigger And Bellman $53.57 7A 3C 8P King Power Equipment Operators Rigger /Signal Person, Bellman (Certified) $56.00 7A 3C 8P King Power Equipment Operators Rollagon $56.94 7A 3C 8P King Power Equipment Operators Roller, Other Than Plant Mix $53.57 7A 3C 8P King Power Equipment Operators Roller, Plant Mix Or Multi -lift Materials $56.00 7A 3C 8P King Power Equipment Operators Roto -mill, Roto - grinder $56.44 7A 3C 8P King Power Equipment Operators Saws - Concrete $56.00 7A 3C 8P King Power Equipment Operators Scraper, Self Propelled Under 45 Yards $56.44 7A 3C 8P King Power Equipment Operators Scrapers - Concrete Er Carry All $56.00 7A 3C 8P King Power Equipment Operators Scrapers, Self - propelled: 45 Yards And Over $56.94 7A 3C 8P King Power Equipment Operators Service Engineers - Equipment $56.00 7A 3C 8P King Power Equipment Operators Shotcrete /gunite Equipment $53.57 7A 3C 8P King Power Equipment Operators Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $56.00 7A 3C 8P King Power Equipment Operators $56.94 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 10 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons King Power Equipment Operators Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $56.44 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $57.51 7A 3C 8P King Power Equipment Operators Shovel, Excavator, Backhoes: Over 90 Metric Tons $58.10 7A 3C 8P King Power Equipment Operators Slipform Pavers $56.94 7A 3C 8P King Power Equipment Operators Spreader, Topsider Et Screedman $56.94 7A 3C 8P King Power Equipment Operators Subgrader Trimmer $56.44 7A 3C 8P King Power Equipment Operators Tower Bucket Elevators $56.00 7A 3C 813 King Power Equipment Operators Tower Crane Up To 175' In Height Base To Boom $57.51 7A 3C 8P King Power Equipment Operators Tower Crane: over 175' through 250' in height, base to boom $58.10 7A 3C 8P King Power Equipment Operators Tower Cranes: over 250' in height from base to boom $58.67 7A 3C 8P King Power Equipment Operators Transporters, All Track Or Truck Type $56.94 7A 3C 8P King Power Equipment Operators Trenching Machines $56.00 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver - 100 Tons And Over $56.44 7A 3C 8P King Power Equipment Operators Truck Crane Oiler /driver Under 100 Tons $56.00 7A 3C 8P King Power Equipment Operators Truck Mount Portable Conveyor $56.44 7A 3C 813 King Power Equipment Operators Welder $56.94 7A 3C 8P King Power Equipment Operators Wheel Tractors, Farmall Type $53.57 7A 3C 813 King Power Equipment Operators Yo Yo Pay Dozer $56.44 7A 3C 8P King Power Equipment Operators- Asphalt Plant Operators $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Assistant Engineer $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Barrier Machine (zipper) $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Batch Plant Operator, Concrete $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bobcat $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brokk - Remote Demolition Equipment $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Brooms $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Bump Cutter $56.44 7A 3C 8P Underground Sewer Et Water https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 11 of 17 King Power Equipment Operators- Cableways $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Chipper $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Compressor $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Over 42 M $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Finish Machine -laser Screed $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump - Mounted Or Trailer High Pressure Line Pump, Pump High Pressure. $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Concrete Pump: Truck Mount With Boom Attachment Up To 42m $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Conveyors $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes Friction: 200 tons and over $58.67 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 20 Tons Through 44 Tons With Attachments $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 100 Tons Through 199 Tons, Or 150' Of Boom (Including Jib With Attachments) $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 200 tons- 299 tons, or 250' of boom including jib with attachments $58.10 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 300 tons and over or 300' of boom including jib with attachments $58.67 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: 45 Tons Through 99 Tons, Under 150' Of Boom (including Jib With Attachments) $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: A -frame - 10 Tons And Under $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Friction cranes through 199 tons $58.10 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Cranes: Through 19 Tons With Attachments A -frame Over 10 Tons $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Crusher $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Deck Engineer /deck Winches (power) $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Derricks, On Building Work $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Dozers D -9 Et Under $56.00 7A 3C 8P Underground Sewer Et Water https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 12 of 17 King Power Equipment Operators- Drill Oilers: Auger Type, Truck Or Crane Mount $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Drilling Machine $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Elevator And Man -lift: Permanent And Shaft Type $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Finishing Machine, Bidwell And Gamaco Et Similar Equipment $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklift: 3000 Lbs And Over With Attachments $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Forklifts: Under 3000 Lbs. With Attachments $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Grade Engineer: Using Blue Prints, Cut Sheets, Etc $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Gradechecker /stakeman $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Guardrail Punch $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off- Road Equipment 45 Yards. Et Over $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hard Tail End Dump Articulating Off -road Equipment Under 45 Yards $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal/ directional Drill Locator $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Horizontal/ directional Drill Operator $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks Over 10 Tons $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Hydralifts /boom Trucks, 10 Tons And Under $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead 8 Yards. Et Over $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loader, Overhead, 6 Yards. But Not Including 8 Yards $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Overhead Under 6 Yards $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders, Plant Feed $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Loaders: Elevating Type Belt $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Locomotives, All $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Material Transfer Device $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Mechanics, All (leadmen - $0.50 Per Hour Over Mechanic) $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Motor Patrol Graders $56.94 7A 3C 8P Underground Sewer Et Water https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 13 of 17 King Power Equipment Operators- Mucking Machine, Mole, Tunnel Drill, Boring, Road Header And /or Shield $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Oil Distributors, Blower Distribution Et Mulch Seeding Operator $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Outside Hoists (elevators And Manlifts), Air Tuggers,strato $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type Crane: 20 Tons Through 44 Tons $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 100 Tons And Over $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Overhead, Bridge Type: 45 Tons Through 99 Tons $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pavement Breaker $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pile Driver (other Than Crane Mount) $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Plant Oiler - Asphalt, Crusher $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Posthole Digger, Mechanical $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Power Plant $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Pumps - Water $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quad 9, Hd 41, D10 And Over $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Quick Tower - No Cab, Under 100 Feet In Height Based To Boom $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Remote Control Operator On Rubber Tired Earth Moving Equipment $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger And Bellman $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rigger /Signal Person, Bellman (Certified) $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Rollagon $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Other Than Plant Mix $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roller, Plant Mix Or Multi -lift Materials $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Roto -mill, Roto - grinder $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Saws - Concrete $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Scraper, Self Propelled Under 45 Yards $56.44 7A 3C 8P Underground Sewer Et Water King $56.00 7A 3C 8P https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 14 of 17 https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Power Equipment Operators- Scrapers - Concrete Et Carry All Underground Sewer Et Water King Power Equipment Operators- Scrapers, Self - propelled: 45 Yards And Over $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Service Engineers - Equipment $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shotcrete /gunite Equipment $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel , Excavator, Backhoe, Tractors Under 15 Metric Tons. $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoe: Over 30 Metric Tons To 50 Metric Tons $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes, Tractors: 15 To 30 Metric Tons $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 50 Metric Tons To 90 Metric Tons $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Shovel, Excavator, Backhoes: Over 90 Metric Tons $58.10 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Slipform Pavers $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Spreader, Topsider Et Screedman $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Subgrader Trimmer $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Bucket Elevators $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane Up To 175' In Height Base To Boom $57.51 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Crane: over 175' through 250' in height, base to boom $58.10 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Tower Cranes: over 250' in height from base to boom $58.67 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Transporters, All Track Or Truck Type $56.94 7A 3C 813 Underground Sewer Et Water King Power Equipment Operators- Trenching Machines $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver - 100 Tons And Over $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Crane Oiler /driver Under 100 Tons $56.00 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Truck Mount Portable Conveyor $56.44 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Welder $56.94 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Wheel Tractors, Farmall Type $53.57 7A 3C 8P Underground Sewer Et Water King Power Equipment Operators- Yo Yo Pay Dozer $56.44 7A 3C 8P Underground Sewer Et Water https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 15 of 17 King Power Line Clearance Tree Journey Level In Charge $45.75 5A 4A Trimmers King Power Line Clearance Tree Spray Person $43.38 5A 4A Trimmers King Power Line Clearance Tree Tree Equipment Operator $45.75 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer $40.84 5A 4A Trimmers King Power Line Clearance Tree Tree Trimmer Groundperson $30.74 5A 4A Trimmers King Refrigeration Et Air Conditioning Mechanics Journey Level $74.36 bZ 1G King Residential Brick Mason Journey Level $52.82 5A 1M King Residential Carpenters Journey Level $28.20 1 King Residential Cement Masons Journey Level $22.64 1 King Residential Drywall Applicators Journey Level $40.64 5D 4C King Residential Drywall Tapers Journey Level $54.07 5P 1E King Residential Electricians Journey Level $30.44 1 King Residential Glaziers Journey Level $38.40 7L 1 H King Residential Insulation Applicators Journey Level $26.28 1 King Residential Laborers Journey Level $23.03 1 King Residential Marble Setters Journey Level $24.09 1 King Residential Painters Journey Level $24.46 1 King Residential Plumbers Et Pipefitters Journey Level $34.69 1 King Residential Refrigeration Et Air Journey Level $74.36 6Z 1G Conditioning Mechanics King Residential Sheet Metal Workers Journey Level (Field or Shop) $43.46 7F 1R King Residential Soft Floor Layers Journey Level $44.11 5A 3D King Residential Sprinkler Fitters Journey Level $42.73 5C 211 (Fire Protection) King Residential Stone Masons Journey Level $52.82 5A 1M King Residential Terrazzo Workers Journey Level $47.46 5A 1M King Residential Terrazzo /Tile Journey Level $21.46 1 Finishers King Residential Tile Setters Journey Level $25.17 1 King Roofers Journey Level $46.46 5A 3H King Roofers Using Irritable Bituminous Materials $49.46 5A 3H King Sheet Metal Workers Journey Level (Field or Shop) $72.83 7F 1E King Shipbuilding Et Ship Repair Boilermaker $40.87 7M 1H King Shipbuilding Et Ship Repair Carpenter $40.41 7T 2B King Shipbuilding Et Ship Repair Electrician $41.43 7T 4B King Shipbuilding Et Ship Repair Heat Et Frost Insulator $63.18 5.1 1S King Shipbuilding Et Ship Repair Laborer $41.47 7T 4B https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 16 of 17 King Shipbuilding Et Ship Repair Machinist $41.46 7T 4B King Shipbuilding Et Ship Repair Operator $41.39 7T 4B King Shipbuilding Et Ship Repair Painter $41.42 7T 4B King Shipbuilding Et Ship Repair Pipefitter $41.40 7T 4B King Shipbuilding Et Ship Repair Rigger $41.48 7T 413 King Shipbuilding Et Ship Repair Sheet Metal $41.43 7T 4B King Shipbuilding Et Ship Repair Shipfitter $41.48 7T 4B King Shipbuilding Et Ship Repair Trucker $41.32 7T 4B King Shipbuilding Et Ship Repair Warehouse $41.37 7T 413 King Shipbuilding Et Ship Repair Welder /Burner $41.48 7T 4B King Sign Makers Et Installers (Electrical) Sign Installer $22.92 1 King Sign Makers Et Installers (Electrical) Sign Maker $21.36 1 King Sign Makers Et Installers (Non- Sign Installer $27.28 1 Electrical) King Sign Makers Et Installers (Non- Sign Maker $33.25 1 Electrical) King Soft Floor Layers Journey Level $44.11 5A 3D King Solar Controls For Windows Journey Level $12.441 1 King Sprinkler Fitters (Fire Protection) Journey Level $70.14 5C 1X King Stage Rigging Mechanics (Non Journey Level $13.23 1 Structural) King Stone Masons Journey Level $52.82 5A 1M King Street And Parking Lot Sweeper Workers Journey Level $19.09 1 King Surveyors Assistant Construction Site Surveyor $56.00 7A 3C 8P King Surveyors Chainman $55.47 7A 3C 8P King Surveyors Construction Site Surveyor $56.94 7A 3C 8P King Telecommunication Technicians Journey Level $22.76 1 King Telephone Line Construction - Cable Splicer $37.60 5A 2B Outside King Telephone Line Construction - Hole Digger /Ground Person $20.79 5A 2B Outside King Telephone Line Construction - Installer (Repairer) $36.02 5A 2B Outside King Telephone Line Construction - Special Aparatus Installer 1 $37.60 5A 2B Outside King Telephone Line Construction - Special Apparatus Installer II $36.82 5A 2B Outside King Telephone Line Construction - Telephone Equipment Operator (Heavy) $37.60 5A 213 Outside King Telephone Line Construction - Telephone Equipment Operator (Light) $34.94 5A 2B Outside King Telephone Line Construction - Telephone Lineperson $34.93 5A 2B Outside https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Page 17 of 17 King Telephone Line Construction - Television Groundperson $19.73 5A 2B Outside King Telephone Line Construction - Television Lineperson /Installer $26.31 5A 2B Outside King Telephone Line Construction - Television System Technician $31.50 5A 2B Outside King Telephone Line Construction - Television Technician $28.23 5A 2B Outside King Telephone Line Construction - Tree Trimmer $34.93 5A 2B Outside King Terrazzo Workers Journey Level $47.46 5A 1M King Tile Setters Journey Level $21.65 1 King Tile, Marble Et Terrazzo Finishers Finisher $38.29 5A 1 B King Traffic Control Stripers Journey Level $43.73 7A 1K King Truck Drivers Asphalt Mix Over 16 Yards (W. WA -Joint Council 28) $51.25 5D 3A 8L King Truck Drivers Asphalt Mix To 16 Yards (W. WA -Joint Council 28) $50.41 5D 3A 8L King Truck Drivers Dump Truck 8t Trailer $51.25 5D 3A 8L King Truck Drivers Dump Truck (W. WA -Joint Council 28) $50.41 5D 3A 8L King Truck Drivers Other Trucks (W. WA -Joint Council 28) $51.25 5D 3A 8L King Truck Drivers Transit Mixer $43.23 1 King Well Drillers Et Irrigation Pump Irrigation Pump Installer $17.71 1 Installers King Well Drillers >t Irrigation Pump Oiler $12.97 1 Installers King Well Drillers Et Irrigation Pump Well Driller $18.00 1 Installers https: // fortress. wa. gov/ lni /wagelookup /prvWagelookup.aspx 7/5/2016 Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Overtime Codes Overtime calculations are based on the hourly rate actually paid to the worker. On public works projects, the hourly rate must be not less than the prevailing rate of wage minus the hourly rate of the cost of fringe benefits actually provided for the worker. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. C. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other overtime hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. D. The first two (2) hours before or after a five -eight (8) hour workweek day or a four -ten (10) hour workweek day and the first eight (8) hours worked the next day after either workweek shall be paid at one and one -half times the hourly rate of wage. All additional hours worked and all worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. G. The first ten (10) hours worked on Saturdays and the first ten (10) hours worked on a fifth calendar weekday in a four -ten hour schedule, shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. H. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions or equipment breakdown) shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. I. All hours worked on Sundays and holidays shall also be paid at double the hourly rate of wage. The first two (2) hours after eight (8) regular hours Monday through Friday and the first ten (10) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over ten (10) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. K. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. M. All hours worked on Saturdays (except makeup days if work is lost due to inclement weather conditions) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. N. All hours worked on Saturdays (except makeup days) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Overtime Codes Continued O. The first ten (10) hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays, holidays and after twelve (12) hours, Monday through Friday and after ten (10) hours on Saturday shall be paid at double the hourly rate of wage. P. All hours worked on Saturdays (except makeup days if circumstances warrant) and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. Q. The first two (2) hours after eight (8) regular hours Monday through Friday and up to ten (10) hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked in excess of ten (10) hours per day Monday through Saturday and all hours worked on Sundays and holidays (except Christmas day) shall be paid at double the hourly rate of wage. All hours worked on Christmas day shall be paid at two and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays shall be paid at two times the hourly rate of wage. S. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays and all other overtime hours worked, except Labor Day, shall be paid at double the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays (except Labor Day) shall be paid at two times the hourly rate of wage. All hours worked on Labor Day shall be paid at three times the hourly rate of wage. V. All hours worked on Sundays and holidays (except Thanksgiving Day and Christmas day) shall be paid at one and one -half times the hourly rate of wage. All hours worked on Thanksgiving Day and Christmas day shall be paid at double the hourly rate of wage. W. All hours worked on Saturdays and Sundays (except make -up days due to conditions beyond the control of the employer)) shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. X. The first four (4) hours after eight (8) regular hours Monday through Friday and the first twelve (12) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked over twelve (12) hours Monday through Saturday, Sundays and holidays shall be paid at double the hourly rate of wage. When holiday falls on Saturday or Sunday, the day before Saturday, Friday, and the day after Sunday, Monday, shall be considered the holiday and all work performed shall be paid at double the hourly rate of wage. Y. All hours worked outside the hours of 5:00 am and 5:00 pm (or such other hours as may be agreed upon by any employer and the employee) and all hours worked in excess of eight (8) hours per day (10 hours per day for a 4 x 10 workweek) and on Saturdays and holidays (except labor day) shall be paid at one and one -half times the hourly rate of wage. (except for employees who are absent from work without prior approval on a scheduled workday during the workweek shall be paid at the straight -time rate until they have worked 8 hours in a day (10 in a 4 x 10 workweek) or 40 hours during that workweek.) All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and Labor Day shall be paid at double the hourly rate of wage. Z. All hours worked on Saturdays and Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid the straight time rate of pay in addition to holiday pay. Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Overtime Codes Continued 2. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. B. All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. C. All hours worked on Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at two times the hourly rate of wage. F. The first eight (8) hours worked on holidays shall be paid at the straight hourly rate of wage in addition to the holiday pay. All hours worked in excess of eight (8) hours on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one -half times the hourly rate of wage including holiday pay. H. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on holidays shall be paid at one and one -half times the hourly rate of wage. O. All hours worked on Sundays and holidays shall be paid at one and one -half times the hourly rate of wage. R. All hours worked on Sundays and holidays and all hours worked over sixty (60) in one week shall be paid at double the hourly rate of wage. U. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked over 12 hours in a day or on Sundays and holidays shall be paid at double the hourly rate of wage. W. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten -hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The first eight (8) hours worked on the fifth day shall be paid at one and one -half times the hourly rate of wage. All other hours worked on the fifth, sixth, and seventh days and on holidays shall be paid at double the hourly rate of wage. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. A. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at time and one -half the straight time rate. Hours worked over twelve hours (12) in a single shift and all work performed after 6:00 pm Saturday to 6:00 am Monday and holidays shall be paid at double the straight time rate of pay. Any shift starting between the hours of 6:00 pm and midnight shall receive an additional one dollar ($1.00) per hour for all hours worked that shift. The employer shall have the sole discretion to assign overtime work to employees. Primary consideration for overtime work shall be given to employees regularly assigned to the work to be performed on overtime situations. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. C. Work performed in excess of eight (8) hours of straight time per day, or ten (10) hours of straight time per day when four ten (10) hour shifts are established, or forty (40) hours of straight time per week, Monday through Friday, or outside the normal shift, and all work on Saturdays shall be paid at one and one -half times the hourly rate of wage. All work performed after 6:00 pm Saturday to 5:00 am Monday and Holidays shall be paid at double the hourly rate of wage. After an employee has worked eight (8) hours at an applicable overtime rate, all additional hours shall be at the applicable overtime rate until such time as the employee has had a break of eight (8) hours or more. Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Overtime Codes Continued D. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 15% over the hourly rate of wage. All other hours worked after 6:00 am on Saturdays, shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. E. All hours worked Sundays and holidays shall be paid at double the hourly rate of wage. Each week, once 40 hours of straight time work is achieved, then any hours worked over 10 hours per day Monday through Saturday shall be paid at double the hourly wage rate. F. All hours worked on Saturday shall be paid at one and one -half times the hourly rate of wage. All hours worked on Sunday shall be paid at two times the hourly rate of wage. All hours worked on paid holidays shall be paid at two and one -half times the hourly rate of wage including holiday pay. H. All work performed on Sundays between March 16th and October 14th and all Holidays shall be compensated for at two (2) times the regular rate of pay. Work performed on Sundays between October 15th and March 15th shall be compensated at one and one half (1 -1/2) times the regular rate of pay. I. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. In the event the job is down due to weather conditions during a five day work week (Monday through Friday,) or a four day -ten hour work week (Tuesday through Friday,) then Saturday may be worked as a voluntary make -up day at the straight time rate. However, Saturday shall not be utilized as a make -up day when a holiday falls on Friday. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. 4. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE -HALF TIMES THE HOURLY RATE OF WAGE. A. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturdays, Sundays and holidays shall be paid at double the hourly rate of wage. B. All hours worked over twelve (12) hours per day and all hours worked on holidays shall be paid at double the hourly rate of wage. C. On Monday through Friday, the first four (4) hours of overtime after eight (8) hours of straight time work shall be paid at one and one half (1 -1/2) times the straight time rate of pay, unless a four (4) day ten (10) hour workweek has been established. On a four (4) day ten (10) hour workweek scheduled Monday through Thursday, or Tuesday through Friday, the first two (2) hours of overtime after ten (10) hours of straight time work shall be paid at one and one half (1 -1/2) times the straight time rate of pay. On Saturday, the first twelve (12) hours of work shall be paid at one and one half (1 -1/2) times the straight time rate of pay, except that if the job is down on Monday through Friday due to weather conditions or other conditions outside the control of the employer, the first ten (10) hours on Saturday may be worked at the straight time rate of pay. All hours worked over twelve (12) hours in a day and all hours worked on Sunday and Holidays shall be paid at two (2) times the straight time rate of pay. 4 Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Overtime Codes Continued 4. D. All hours worked in excess of eight (8) hours per day or forty (40) hours per week shall be paid at double the hourly rate of wage. All hours worked on Saturday, Sundays and holidays shall be paid at double the hourly rate of pay. Rates include all members of the assigned crew. EXCEPTION: On all multipole structures and steel transmission lines, switching stations, regulating, capacitor stations, generating plants, industrial plants, associated installations and substations, except those substations whose primary function is to feed a distribution system, will be paid overtime under the following rates: The first two (2) hours after eight (8) regular hours Monday through Friday of overtime on a regular workday, shall be paid at one and one -half times the hourly rate of wage. All hours in excess of ten (10) hours will be at two (2) times the hourly rate of wage. The first eight (8) hours worked on Saturday will be paid at one and one -half (1 -1/2) times the hourly rate of wage. All hours worked in excess of eight (8) hours on Saturday, and all hours worked on Sundays and holidays will be at the double the hourly rate of wage. All overtime eligible hours performed on the above described work that is energized, shall be paid at the double the hourly rate of wage. E. The first two (2) hours after eight (8) regular hours Monday through Friday and the first eight (8) hours on Saturday shall be paid at one and one -half times the hourly rate of wage. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. On a four -day, ten -hour weekly schedule, either Monday thru Thursday or Tuesday thru Friday schedule, all hours worked after ten shall be paid at double the hourly rate of wage. The Monday or Friday not utilized in the normal four -day, ten hour work week, and Saturday shall be paid at one and one half (1' /z) times the regular shift rate for the first eight (8) hours. All other hours worked Monday through Saturday, and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. F. All hours worked between the hours of 6:00 pm and 6:00 am, Monday through Saturday, shall be paid at a premium rate of 20% over the hourly rate of wage. All hours worked on Sundays shall be paid at one and one -half times the hourly rate of wage. All hours worked on holidays shall be paid at double the hourly rate of wage. G. All hours worked on Saturdays shall be paid at one and one -half times the hourly rate of wage. All hours worked Monday through Saturday over twelve (12) hours and all hours worked on Sundays and holidays shall be paid at double the hourly rate of wage. Holiday Codes A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day (7). B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, the day before Christmas, and Christmas Day (8). C. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). D. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). H. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Day after Thanksgiving Day, And Christmas (6). Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Holiday Codes Continued I. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Eve Day, And Christmas Day (7). K. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). L. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (8). N. Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, The Friday After Thanksgiving Day, And Christmas Day (9). P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday And Saturday After Thanksgiving Day, The Day Before Christmas, And Christmas Day (9). If A Holiday Falls On Sunday, The Following Monday Shall Be Considered As A Holiday. Q. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). R. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, One -Half Day Before Christmas Day, And Christmas Day. (7 1/2). S. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, And Christmas Day (7). T. Paid Holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, Christmas Day, And The Day Before Or After Christmas (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). 6. A. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). E. Paid Holidays: New Year's Day, Day Before Or After New Year's Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and a Half -Day On Christmas Eve Day. (9 1/2). G. Paid Holidays: New Year's Day, Martin Luther King Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and Christmas Eve Day (11). H. Paid Holidays: New Year's Day, New Year's Eve Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, Christmas Day, The Day After Christmas, And A Floating Holiday (10). I. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday After Thanksgiving Day, And Christmas Day (7). Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Holiday Codes Continued 6. T. Paid Holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Last Working Day Before Christmas Day, And Christmas Day (9). Z. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). If a holiday falls on Saturday, the preceding Friday shall be considered as the holiday. If a holiday falls on Sunday, the following Monday shall be considered as the holiday. A. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any Holiday Which Falls On A Sunday Shall Be Observed As A Holiday On The Following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. B. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. C. Holidays: New Year's Day, Martin Luther King Jr. Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. D. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (8). Unpaid Holidays: President's Day. Any paid holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any paid holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. E. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. F. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the last working day before Christmas day and Christmas day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. G. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. H. Holidays: New Year's Day, Martin Luther King Jr. Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. I. Holidays: New Year's Day, President's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day, The Friday After Thanksgiving Day, The Day Before Christmas Day And Christmas Day (9). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Holidays: New Year's Day, Independence Day, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day (6). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. 7 Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Holiday Codes Continued K. Holidays: New Year's Day, Memorial Day, Independence Day, Thanksgiving Day, the Friday and Saturday after Thanksgiving Day, And Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. L. Holidays: New Year's Day, Memorial Day, Labor Day, Independence Day, Thanksgiving Day, the Last Work Day before Christmas Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. M. Paid Holidays: New Year's Day, The Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, And the Day after or before Christmas Day (10). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. N. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. When Christmas falls on a Saturday, the preceding Friday shall be observed as a holiday. P. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, And Christmas Day (7). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. Q. Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, the Last Working Day before Christmas Day and Christmas Day (8). Any holiday which falls on a Sunday shall be observed as a holiday on the following Monday. If any of the listed holidays falls on a Saturday, the preceding Friday shall be a regular work day. R. Paid Holidays: New Year's Day, the day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and the day after or before Christmas Day (10). If any of the listed holidays fall on Saturday, the preceding Friday shall be observed as the holiday. If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. S. Paid Holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas Day, the Day after Christmas, and A Floating Holiday (9). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. T. Paid Holidays: New Year's Day, the Day after or before New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the Friday after Thanksgiving Day, Christmas Day, and The Day after or before Christmas Day. (10). If any of the listed holidays falls on a Sunday, the day observed by the Nation shall be considered a holiday and compensated accordingly. Any holiday which falls on a Saturday shall be observed as a holiday on the preceding Friday. Note Codes 8. A. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100' -$2.00 per Foot for Each Foot Over 50 Feet Over 100' To 150' -$3.00 per Foot for Each Foot Over 100 Feet Over 150' To 220'-$4.00 per Foot for Each Foot Over 150 Feet Over 220' -$5.00 per Foot for Each Foot Over 220 Feet Benefit Code Key — Effective 3/2/2016 thru 8/30/2016 Note Codes Continued 8. C. In addition to the hourly wage and fringe benefits, the following depth premiums apply to depths of fifty feet or more: Over 50' To 100'-$1.00 per Foot for Each Foot Over 50 Feet Over 100' To 150'-$1.50 per Foot for Each Foot Over 100 Feet Over 150' To 200' -$2.00 per Foot for Each Foot Over 150 Feet Over 200'-Divers May Name Their Own Price D. Workers working with supplied air on hazmat projects receive an additional $1.00 per hour. L. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $0.75, Level B: $0.50, And Level C: $0.25. M. Workers on hazmat projects receive additional hourly premiums as follows: Levels A & B: $1.00, Levels C & D: $0.50. N. Workers on hazmat projects receive additional hourly premiums as follows -Level A: $1.00, Level B: $0.75, Level C: $0.50, And Level D: $0.25. P. Workers on hazmat projects receive additional hourly premiums as follows -Class A Suit: $2.00, Class B Suit: $1.50, Class C Suit: $1.00, And Class D Suit $0.50. Q. The highest pressure registered on the gauge for an accumulated time of more than fifteen (15) minutes during the shift shall be used in determining the scale paid. R. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. These classifications are only effective on or after August 31, 2012. S. Effective August 31, 2012 — A Traffic Control Supervisor shall be present on the project whenever flagging or spotting or other traffic control labor is being utilized. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. T. Effective August 31, 2012 — A Traffic Control Laborer performs the setup, maintenance and removal of all temporary traffic control devices and construction signs necessary to control vehicular, bicycle, and pedestrian traffic during construction operations. Flaggers and Spotters shall be posted where shown on approved Traffic Control Plans or where directed by the Engineer. All flaggers and spotters shall possess a current flagging card issued by the State of Washington, Oregon, Montana, or Idaho. This classification is only effective on or after August 31, 2012. U. Workers on hazmat projects receive additional hourly premiums as follows — Class A Suit: $2.00, Class B Suit: $1.50, And Class C Suit: $1.00. Workers performing underground work receive an additional $0.40 per hour for any and all work performed underground, including operating, servicing and repairing of equipment. The premium for underground work shall be paid for the entire shift worked. Workers who work suspended by a rope or cable receive an additional $0.50 per hour. The premium for work suspended shall be paid for the entire shift worked. Workers who do "pioneer" work (break open a cut, build road, etc.) more than one hundred fifty (150) feet above grade elevation receive an additional $0.50 per hour.