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R-2000-013 Architectural Services Agreement with Wardell Architects, PS, for the development of Chesterley Park.
RESOLUTION NO. R -2000-J 3 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an architectural services agreement with Wardell Architects, P.S., to finalize a Master Site Plan for the development of Chesterley Park and to prepare corresponding construction documents, including bid drawings and specifications. WHEREAS, the City desires to develop Chesterley Park; and WHEREAS, the City requires professional architectural services to finalize a Master Site Plan for the development of Chesterley Park; and WHEREAS, the City also requires preparation of construction documents, including bid drawings and specifications, necessary for the development of Chesterley Park; and WHEREAS, the City does not have the staffing levels or specialized expertise necessary to provide said services; and WHEREAS, Wardell Architects, P.S., has the experience and expertise necessary to provide said architectural services and is willing to provide such services in accordance with - the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with Wardell Architects, P.S. for professional architectural services in accordance with the terms and conditions of the attached agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated - agreement with Wardell Architects, P.S. for professional architectural services to finalize the Master Site Plan for the development of Chesterley Park, and to prepare corresponding construction documents, including bid drawings and specifications ADOPTED BY THE CITY COUNCIL this lgth day of January , 2000. ATTEST: City Clerk (1k)res/Chesterley Park Wardell -pm WV/ ,(qi.d4 f; ry Place, Mayor 1 Abbreviated Standard Form of Agreement Between Owner and Architect AIA Document B151 -1997 1997 Edition - Electronic Format This document has Important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 This document has been approved and endorsed by the Amencan Subcontractors Association and the Associated Specialty Contractors, Inc. Copyright 1974, 1978, 1987, ©1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the Muted States and will subject the violator to legal prosecution. G. P � cx-s-a) AGREEMENT made as of the .15 day of in the year 2000 (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Yakima Parks and Recreation 2301 Fruitvale Boulevard Yakima, WA 98902 and the Architect: (Name, address and other information) Wardell Architects, P.S. 509 West Chestnut Yakima, WA 98902 For the following Project: (Include detailed description of Project, location and address) Expansion of Chesterley Park including soccer facilities, landscaping and coordination with Powerhouse Canal Corridor Pathway Extension and Skatepark, 3606 River Road, Yakima, Washington. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 2, 3 and 12. 1.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner. 1.3 The Architect shall designate a representative authorized to act on behalf of the Architect with respect to the Project. AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 1.4 The services covered by this Agreement are subject to the time (imitations contained in Subparagraph 11.5.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The -Architect -shall -review -the -program -furnished -by the Owncr-te-aseertain-the-requirements-ef-the Project -and shall 2.2.2 The Architect -shall -provide -a -evaluation -ef -the -Owner's-pprograschedule -and -construction -budget- 2.2.3 2.2.4 fer-approval-by-the Owner, -Schematic -Design Documents-< g -e€ ngs-and-other-dpcuments-illustrating thc-scale-and- 2.2.5 The Architect-shall-submit-to-the-Owner-a-prelims-estimate-ef-Ge.ilsn:uetien Cost -based -en current arm,-volume-or- 2.3 rca, . me or 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Conceptual Design and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement between the Owner and Contractor 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING OR NEGOTIATION PHASE The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASED --ADMINISTRATION OF THE CONSTRUCTION CONTRACT AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 60 days after the date of Substantial Completion of the Work. 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall be enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the Architect has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTPI'UfE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING- Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pernussion of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, butonly for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims, disputes or other matters in question between the Owner and Contractor, except for those relating to aesthetic effect as provided in Subparagraph 2.6 17, shall be subject to mediation and arbitration as provided in AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT' 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; .2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents; or .3 due to changes required as a result of the Owner's failure to render decisions in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction, and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: TJnlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 the Work. 3.3.8 Providing services in connection with a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate, separate or sequential bids or providing services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the Project. 3.4.2 Providing financial feasibility or other special studies. 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmentalstudies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities, systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished by the Owner 3.4.8 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material, equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or in the absence of a final Certificate for Payment, more than 60 days after the date of Substantial Completion of the Work. 3.4.19 Providing services of consultants for other than architectural, structural, mechanical and electrical engineering portions of AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING- IJnlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 the Project provided as a part of Basic Services. 3.4.20 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and Iines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations. - 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests_ Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. 4.9 The services, information, surveys and reports required by Paragraphs 4 4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed, the estimated cost to the AIA DOCUMENT B151 -ABBREVIATED OWNER-ARCHfm"mCT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHPI'PETS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with percussion of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's judgment as a design professional familiar with the construction industry It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in such fixed limit; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, AIA DOCUMENT B I51 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING- Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 statutory and other reserved rights, including copyrights. 6.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be- permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION 7.1 MEDIATION 7.1.1 is - ubjee f -a- -out-ef-the Architect's services, the eet-tray- ce h 4aw-to- 7.1.2 -Thur-and -Architect -shall endeavof -to -resolve elaims mediation -which; -artless -die �-�-etheF-matters�rr-gaestiei3-betv�eea.�l�r by espy-- o ` -is; -shall-be-it}-aeeordancc with-the-Gonstmetierr4ndustry l j on- Rtrles-of-the-Ameriean-Arbitfatien-Association-eurfently in effect. --egtest-Ter-t ion -sl -be-filed-ht-wring-with-the other demand for -arbitration but, -in such event, -mediation-shall-preeeed-i-advanee-o€-arbitfation-of.} al } which -be-stayed-pending-mediation for -a -period -of -6O -days -fry the-date-of-fthng;-tm1ess-stayed for -a longer -period -by - 7.1.3 The-parties-shall-shafe he-mediatoe-,-fee Project -is-located=-furless-another-location-is-mutually-agreed.-upon Vents -reached -in -mediation -shall -be -enforceable -as- 7.2 shall-beidorceable-as- 7.2 ARBITRATION 7.2.1 Any -e -dispute -or 7.2.2 Claims disputes • AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING- Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 arbitfat-ien-whist enless-the-parties-mutually-agreeof efwise--shall-be-in-ac a danc--e-with-the-Oenstructien-Indtrstr n rbc a -alien-. Rales-ef-the American-Afbitratien- Asseeiation urrently-in effect. -The-demand for- -be-filed-in-writing- th the 7.2.3 A -demand for -arbitration -shall -be -trade -within -a _e^^bl •• after-the-eiai -dispute-ef-etmatter-in-question-lam arisen. In no event -shall 7.2.4 Ne -arbitration -arising -out -of-er-relating -te this Agreement -shall -include; -by -consolidation -er-joinder -ef-itt-any other manneradditional-persen-ef-entitt-a-party this Agreement -and -signed-by-the-Owner; Architect, -and-any-ether-person-er-entity seught-te. . joined- -Consent-to-arbitration- : ' : • net -deseFibed -in -the -written Consent-to-arbit eti- net-desenbed-in-the-written e-ensent-er-with-a-person -of -entity -net -named-ef-described therein. -The -fefegeing-ate -agreement �e- 7.2.5 The -award rendered-by-the-afbitrater-of-arbitrators-shall-be final,-and-judgmeot-may-be-entered a . .. -open-it-in-a�ance- 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES to this Agreement —This -total -waiver 4s -applicable, -without station; 4e -all -consequential' damages -due 4e either parts - . ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. 8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. AIA DOCUMENT B151 -ABBREVIATED OWNER-ARCHI I'ECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING Unlicensed photocopying violates U.S. copynght laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Article 12. 9.2 Terms in this Agreement shall have the same meaning as those in the edition of ATA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not Iater than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any Iater than the date when the Architect's services are substantially completed. 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign. this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oraL This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. 9.9 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE AIA DOCIJM NT B151-ABBREVWAIFD OWNER-ARCH11ECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - TftE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING- Unlicensrxl photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electromeally produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below EIectronic Format B151-1997 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: .1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; . 2 fees paid for securing approval of authorities having jurisdiction over the Project; . 3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; .4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; .5 renderings, models and mock-ups requested by the Owner; .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12, .8 other similar direct Project -related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment as set forth in Paragraph 11.1 is the minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to services performed within each phase of service, on the basis set forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 1I.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. 10.6 ARCHITECT'S ACCOUNTING RECORDS AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with percussion of the AEA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 An Initial Payment of zero Dollars ($ 0.00 ) shall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary) Fees for Basic Services shall be on a stipulated sum basis, in the amount of $32,000.00. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total. Basic Compensation payable: (Insert additional phases as appropriate.) Sehem^ e-Desig, as Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: Total Basic Compensation: 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 For Project Representation Beyond Basic Services, computed as follows: On a time and expense basis. Wing rates shall be as follows: •Principals $ 85.00 per hour Technical $ 45.00 per hour Clerical $ 35.00 per hour Expenses to be billed at 1.1 times actual invoice. percent ( %) Thirty-fivepercent (35 %) Forty percent (40 %) percent ( %) Twenty-fivepercent (25 %) one hundred percent (100%) as described in Paragraph 3.2, compensation shall be 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than (1) Additional Project Representation, as described in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (Insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and employees, and idents Principals and class fy employees, if required Identfy specific services to which particular methods of compensation apply, if necessary) On a time and expense basis. Billing rates shall be as follows: Principals $85.00 per hour Technical $ 45.00 per hour Clerical $ 35.00 per hour Expenses to be billed at 1.1 times actual invoice. 11.3.3 For Additional Services of Consultants, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one tenth (1.1) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - MA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format B151-1997 • 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as described in Paragraph 10.2, and any other items included in Article 12 as Reimbursable Expenses, a multiple of one and one-tenth (1.1) times the expenses incurred by the Architect, the Architect's employees and consultants directly related to the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 If the Basic Services covered by this Agreement have not been completed within Twelve (12 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable Thirty ( 30) days from the date of the Architect's invoice. Amounts unpaid Forty-five (45 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act similar state and local consumer credit laws and other regulations at the Owner's and Architects principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) Insert A: 11.5.3 The rates and multiples set forth for Additional Services shall be adjusted in accordance with the normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement.) Article 7: Delete in its entirety. Article 9.11: Add the following: "The Architect is responsible to. the Owner for errors andomissions resulting from the services performed under this Agreement by consultants retained for this project" Article 11.2,1 For anther definition of Scope of Work refer to Attachment "A". This Agreement entered into as of the day and year first written above. OWNER (Signature) (Printed name and title) Cr,"" CONTRACT NO: R[ OLUTI044 NO* !e^ P'QQ 1'1'la vt a.c1 I --a. 5- o o 6 ex - Lois • . Wardell. President (Printed name and title) AIA DOCUMENT B151 -ABBREVIATED OWNER -ARCHITECT AGREEMENT - 1997 EDITION - AIA - COPYRIGI4T 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pernussion of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format B 151-1997 Attachment "A" to Owner - Architect Contract February 2000 Scope of Work for Chesterley Park Expansion Review preliminary site plan developed to date and modify as appropriate to accommodate park elements. Prepare Contract Documents including drawings and specifications required for competitive bidding. Include canal pathway documents in bid package. (Pathway documents will be prepared by City of Yakima Engineering.) All work will be bid as a single project. Pathway Drawings and Specifications prepared by the City of Yakima Engineering Department will be incorporated into the Architect's Contract Documents_ The Architect is responsible for coordination of this effort. Coordinate work with Skate Park project scheduled to be complete when construction begins for this project. Provide Bidding and Construction Administration services per Article 2_ The Architect is responsible for all Construction Administration including pathway work designed by the Engineering Department. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of January 18. 2000 ITEM TITLE: Consideration of a Resolution Engaging Wardell Architects, P.S., in a Professional Services Contract to Design and Prepare Contract Documents for the Completion of Chesterley Park SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols 575-6020 The Parks and Recreation Division respectfully requests City Council approval of a Resolution authorizing the City Manager to execute the attached Professional Services Contract with Wardell Architects, P.S., for finalization of the master site plan. The Contract also includes preparation of contract documents including drawings and specifications required for the competitive bidding and completion of Chesterley Park. Funding for the completion of Chesterley Park has been secured through a grant from IAC, Parks Capital and cash and in-kind contributions from the Soccer Associations and the community. Staff goal is to have Chesterley Park complete by the end of 2000. Resolution x Ordinance Other (Specify) Architectural Contract Contract Mail to (name and address): Bob Wardell, 509 W. Chestnut, Yakima, WA 98902 (copy to Parks and Recreation) Phone 453-3693 Funding Source Parks Capital, IAC Grant Funds // APPROVED FOR SUBMITTAL: 04City Manager STAFF RECOMMENDATION: Staff respectfully requests approval of the attached Resolution authorizing the City Manager to execute the attached Professional Services Contract. BOARD/COMMISSION RECOMMENDATION: The Parks and Recreation Commission has unanimously supported the completion of Chesterley Park and the current master site plan. COUNCIL ACTION: CHESTERLEY PARK SITE IMPROVEMENTS City of Yakima Yakima, Washington PROJECT MANUAL June 1, 2001 Project No 1066.03 City of Yakima Project No. 1826 (Chesterley Improvements) City of Yakima Project No. 1753 (Powerhouse Canel Pathway) Federal Aid No STPE —1485 (010) ioJ ; 09 W. Chestnut • Yakima ;• WA • 98902 phone 509.453.3693 • fax 509.453.1336 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. P-16 For Meeting Of 9/2/03 ITEM TITLE: Final Contract Payment for Completion of Chesterley Park SUBMITTED BY. Department of Community & Economic Development CONTACT PERSON/TELEPHONE: K. Wendell, Adams, P.E. City Engineer - 576-6648 SUMMARY EXPLANATION. This project consisted of selective demolition, removal of asphalt paving and concrete curbs, rough and finish grading, asphalt paving and concrete curbs and pads. Also included was landscaping, underground irrigation, hydroseeding and placement of trees at Chesterley Park. Final inspection for this project was made and the recommendation is that the project be accepted. This Council action is to accept the project and approve the final estimate. Five percent retainage will be held for 30 days after Council approval. Contractor: Contract Award: Contract Cost: Amt. This Payment: Evans & Sons, Inc. 8/17/01 $666,924.15 -0- The above total contract cost is for construction only and does not include engineering and other costs. Resolution Ordinance X Other (Specify) Final Contract Estimate Contract Mail to (name and address): Phone Funding Source Parks Capital APPROVED FOR SUBMITTAL: `�- ` L City Manager STAFF RECOMMENDATION: Accept the project and approve the attached final estimate. COUNCIL ACTION: Standard Motion V -B was accepted and final payment approved. APPLICATION AND CERTIFICATE FOR PAYMENT TO (OWNER): City of Yakima PROJECT: 129 N 2°`i Street Yakima, Wa. 98901 FROM (CONTRACTOR): Evans & Son, Inc. 2206 Terrace Heights Drive Yakima, Wa. 98901 Chesterley Park Imp APPLICATION NO: 12 Distribution to: Soccer Fields Owner PERIOD TO: 08 / 26 / 03 VIA (ARCHITECT): Wardell Architects, P S. 509 West Chestnut Ave Yakima, Wa. 98902 Architect Contractor ARCHITECT'S PROJECT NO: 1066.03 CONTRACT DATE: 07/23/01 ivy. i vim i[= 1 tfllllll CHANGE ORDER SUMMARY Change Orders approved in Previous months by Owner TOTAL Additions 223,357.81 Deductions 109,849.91 Approved this Month Number Date Approved TOTALS 223,357.81 109,849.91 Net change by Change Orders + 113,507.90 The under signed Contractor certifies that to the best of the Contractor's knowledge information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CO TOR. Evans S•n, Inc By. Date: 8 /A/03 A ' . ITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. Application is made for Payment, as shown below, in connection with the Contract Continuation Sheet, AIA Document G703, is attached. 1. ORIGINAL CONTRACT SUM. 2. Net change by Change Orders. .. .. + 113,507.90 3. CONTRACT SUM TO DATE (Line 1 + 2).. 666,924.16 4. BASE CONTRACT (Contract Sum — Sales Tax) 618,094.67 5. WA. STATE SALES TAX ON TOTAL CONTR. (7 9%) 48,829.48 6. TOTAL COMPLETED & STORED TO DATE .... 618,094.67 7. SALES TAX ON WORK COMPLETED (Line 6 x 7.9%) 48,829.48 8. RETAINAGE• A. 5% of Completed Work $ 30,904.73 (Column D + E on G703) B $ -0- of Stored Material $ (Column F on G703) Retainage on Tax Amount 58.82 Total Retainage (Line 5a+5b or Total in Column I of G703).... 30,904.73 9. TOTAL EARNED LESS RETAINAGE 636,019.42 (Line 6 plus Line 7 less Line 8 Total) 10. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 636,019.42 11. CURRENT PAYMENT DUE 30,904.73 12. BALANCE TO FINISH, PLUS RETAINAGE (Line 3 less Line 6 Less Line 7 Plus Line 8) 553,416.26 State of WA County of Yakima Subscribed and sworn to before me this day of 2001 Notary Public My Commission Expires: 30 904.73 AMOUNT CERTIFIED $ (Attach explanation of amount certified differs from the amount applied for ) ARCHITECT: By: Date' / /01 This certificate is not negotiable. The AMOUNT CERTIFIED is payable only lo the Contractor named herein. Issuance, payment and acceptance of payment arc without prejudice to any rights of the Owner or Contractor under this contract CONTINUATION SHEET APPLICATION AND CERTIFCATION FOR PAYMENT Contractor's signed Certification is attached. PAGE 2 OF 2 PAGES APPLICATION NUMBER: APPLICATION DATE: PERIOD TO: ARCHITECT'S PROJECT NUMBER: A B ITEM NO. DESCRIPTION OF WORK C SCHEDULED VALUE D E G WORK COMPLETED FROM THIS PERIOD PREVIOUS APPLICATION (D+E) MATERIALS PRESENTLY STORED (NOT IN D OR E) TOTAL COMPLETED AND STORED TO DATE D+E+F) $12,500 00 100% $22,912.80 100% $6,240 00 100% $7,500.00 100% $12,900 00 100% $49,023 30 100% $67,925.00 100% $21,500 00 100% $182,312.32 100% $20,055.00 100% $8,221 80 100% $32,476 13 100% $169,234 57 100% $13,369.53 100% $1,876.33 100% $148.23 100% $24,000 00 100% $1,896.00 100% $5,030.55 100% $397.41 100% $1,000.00 100% $79.00 100% $5,863 00 100% $463.18 100% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Mobilization 10" Supply Line & Rd Cross Clear & Grub, Rough Grade Rough Grade Future Parking Rough Grade Pathway Excavate Ash Soccer Fields Import Topsoil Fine Grading Irrigation System Hydroseeding 2% Project Close Out Washington State Sales Tax 7 9 Change Order #3 Sales Tax on Change Order #3 Change Order #4 Sales Tax on Change Order #4 Change Order #4A Tees Sales Tax on Change Order #4 Change Order #5 Sales Tax on Change Order #5 Remobilization after Winter Sales Tax on Remobilization Change Order #6 Sales Tax on Change Order #6 TOTALS $12,500.00 $22,912.80 $6,240.00 $7,500.00 $12,900.00 $49,023.30 $67,925.00 $21,500.00 $182,312.32 $20,055.00 $8,221.80 $32,476.13 $169,234.57 $13,369.53 $1,876.33 $148.23 $24,000.00 $1,896.00 $5,030.55 $397„41 $1,000.00 $79.00 $5,863.00 $463.18 $12,500.00 $22,912.80 $6,240.00 $7,500 00 $12,900 00 $49,023 30 $67,925 00 $21,500.00 $182,312.32 $20,055 00 $8,221.80 $32,476.13 $169,234.57 $13,369.53 $1,876.33 $148.23 $24,000 00 $1,896.00 $5,030.55 $397.41 $1,000.00 $79.00 $5,863.00 $463.18 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0 00 $0.00 $0 00 $0.00 $0.00 $0 00 $0.00 $0.00 $0.00 $0 00 $0.00 $0 00 $0.00 ok (GIC) 12 8/26/2003 8/26/2003 1066.03 H BALANCE RETAINAGE TO FINISH (C -G) $0.00 $625.00 $0.00 $1,145.64 $0.00 $312.00 $0.00 $375 00 $0.00 $645.00 $0 00 $2,451 17 $0.00 $3,396.25 $0 00 $1,075 00 $0.00 $9,115 62 $0.00 $1,002 75 $0.00 $411 09 $0.00 $0 00, $0 00 $8,461.73 $0.00 $0 00 $0.00 $93 82 $0.00 $0 00 $0 00 $1,200 00 $0.00 ' $0 00 $0.00 $251 53 $0 00 $0 00 $0 00 $50 00 $0 00 $0 00 $0 00 $293 15 $0.00 $0.00 $666,924.15 BALANCE TO FINISH PLUS RETAINAGE: $666,924.15 $30,904.73 $0.00 $0.00 $666,924,15 100% $0 00 $30,904.73 E ans& K. Evans 8/26/2003 June 7, 2001 Chesterley Park Site Improvements Project No. 1066.03 ADDENDUM NO. 1 To the Contractors, Subcontractors and Suppliers: The following items contain additions, deletions, or modifications to the plans and specifications. This addendum forms a part of the Contract Documents and shall be bound inside the cover of the Project Manual. Speciftcatinn. Section 00010, Invitation to Bid: Replace Section in its entirety. Note that this changes both the Bid Date and the Site Walk-through. Section 00100, Instruction to Bidders, p. 2, line 43: Change to read "...9:00 am Tuesday, June 19, 2001 ...." END OF ADDENDUM NO. 1 509W. -Chestnut • Yakima .• WA • 98902. u Chesterley Park Site Improvements 00010-1 SECTION 00010 - INVITATION TO BID 3 6 Sealed bids will be received until 3:00 pm on Tuesday, June 26, 2001 at the City of Yakima Clerk's Office, 129 North 2nd Street, Yakima, Washington, for a lump sum General Contract, including all General and associated work for the 9 Chesterley Park Site Improvements 12 Yakima, Washington 15 This project consists of sitework, landscaping and associated construction at Chesterley Park, North 40th Avenue and River Road, Yakima, Washington. This contract shalt consist of selective demolition, including removal of asphalt paving and concrete curbs, rough and finish grading, asphalt paving, and 18 concrete curbs and pads. Also included is landscape work including underground irrigation, hydroseeding, and trees. 21 Bids will be opened and publicly read aloud immediately after the specified closing time. Bidders and other interested parties are invited to be present at the opening. Bids received after the specified closing time will not be considered. 24 Submit each bid in accordance with project bidding and contract documentation requirements. A Bid Bond is required. 27 Questions are to be directed to the Architect of Record: 30 Wardell Architects, P.S. 509 Chestnut Avenue, Yakima, WA. 98902 509-453-3693 fax: 509-453-1336 33 Plans may be examined at the Architect's office and at the City of Yakima Engineering Division and the following Plan Centers: 36 Yakima Plan Center Yakima, WA. Tri Cities Construction Council Kennewick, WA. 39 Bid documents may be obtained by prime bidders at the Architect's office for a non-refundable fee of $25.00 per set. Checks should be made payable to City of Yakima. Bid documents will be available at 42 the Office of the Architect on June 7, 2001. Bidders wishing documents mailed to them may do so by paying a $15.00 non-refundable mailing fee payable to the Architect. 45 The following is applicable to federal aid projects (the Powerhouse Canal Pathway Portion of the Project). The City of Yakima in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 48 42 U.S.C. 2000d to 2000-4 and Title 49, Code of Federal Regulations, 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, 51 hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated 54 against on the grounds of race, color or national origin in consideration for an award. 1066.03 Invitation to Bid Chesterley Park Site improvements 00010-2 3 Prior to the execution of the contract, the successful bidder shall fumish separate performance and payment bonds, each in the amount of 100% of the contract sum, plus sales tax, as described in the Instructions to bidders. The obligee shall be the City of Yakima . All bonds required in this invitation or under the contract documents shall be issued by a state authorized bonding company, licensed to transact business in Yakima County and the State of Washington. A bidder whose proposal is under consideration shall upon request, promptly furnish satisfactory evidence of his/her financial resources, his/her experience, and the organization and equipment he/she has 12 available for the performance of the contract. The bidder must be registered in the State of Washington (in accordance with Chapter 18.27 RCW) and shall fumish state registration number. 15 A Mandatory Site Visit will be held 9:00 am Tuesday, June 19, 2001 for prime contractors and other interested parties. Sub -contractors are encouraged to attend. Meet at the site at the existing park picnic shelter. Parking is available in the parking lot off River Road east of N. 40th Avenue. The City of Yakima reserves the right to reject any or all bids and to make further calls for bids in the same manner as the original call, and to waive any informalities. No bidder may withdraw his/her bid after the hour set for receiving the bids, or before the award of contract, unless said award is delayed for a period exceeding 60 days. By order of: Karen S. Roberts City Clerk 27 Yakima, Washington 6 9 18 21 24 30 33 END OF SECTION 00010 1066.03 Invitation to Bid 1 ARCI IITCT June 20, 2001 Chesterley Park Site Improvements Project No. 1066.03 ADDENDUM NO. 2 To the Contractors, Subcontractors and Suppliers: The following items contain additions, deletions, or modifications to the plans and specifications. This addendum forms a part of the Contract Documents and shall be bound inside the cover of the Project Manual. General - A mandatory site visit was held June 19, 2001. A list of attendees is attached to this Addendum: only General Contractors who attended the complete site visit are eligible to submit bids. The following items were covered during the site visit. 1. Public access to the park, including the existing Skateboard Park and soccer facilities and events, must be maintained during construction. The City will provide a schedule of events. 2. The existing Targe rocks located east of the Skateboard Park will be relocated by Owner prior to the start of work. 3. Existing contour lines on the drawings are for general reference, as grades have been modified since the topographic survey. This includes the area north of the Skateboard Park (see General Notes and Keyed Note "5" on Sheets A-2 and A-3). 4 Any testing for compaction will be provided by the Owner. Contractor shall cooperate and coordinate as required. 5. All topsoil required for new soccer/lawn areas will have to be imported material. Minimum depth of topsoil in soccer field area (shown on Sheet A-1) just prior to seeding shall be 6" Minimum depth of topsoil in all other lawn areas just prior to seeding shall be 3". 6. The Owner has installed an electrical power pedestal east of the Skateboard Park. Power is supplied underground from the existing restrooms building. Contractor shall protect the pedestal and underground service. Power may be used, as applicable, for construction purposes. 7. The schedule for Substantial Completion is 90 calendar days after the date of the Notice to Proceed as specified in Section 01010. This takes precedence over any conflicting provisions. 509 W:.Chestnut • Yakima :• WA • 98902 /I Addendum No. 2 June 19, 2001 Page 2 8. Size of pipe to be provided from new irrigation filtration unit to septic tank shall be as required to accommodate the discharge from the filtration system. Drawings. Sheet A-2: Modify parking lot islands to allow for mower access as follows: Omit precast wheel stops at (3) locations where directed, and provide (1) 8'0" long depressed curb section (modification to Detail 1/A- 1) where directed. Sheet A-3, Keyed Note 49: Expand to include: "provide reinforcing --- #4 bars at 18" O.C. each way in center of concrete bleacher pads. Sp ificatinns- Section 02000, Canal Pathway Standard Specifications and Contract Provisions, p. 02000-59, 8-22 Pavement Marking: Change to read "Provide permanent pavement marking as shown on drawings and as specified in Section 02511." Section 02200, Earthwork, p. 02200-2: Delete lines 38 and 39 entirely. Section 02511, Hot -Mix Asphalt Paving, p. 02511-2, line 33: Change to read "Dowels: No. 6 rebar, length as shown on drawings." Section 02900, Landscaping, p. 02900-2: Expand Quality Assurance provisions for topsoil to include the following: "Provide written certification from the supplier of topsoil that topsoil for the project is free from environmental contaminants, including lead, arsenic, and DDT, per current Washington State Department of Ecology Model Toxics Control Act standards. Certification shall be based on testing of a minimum of (3) representative soil samples by a qualified testing agency. Test reports and certification shall be provided by the Contractor and submitted to the Architect prier to importing materials to the site." END OF ADDENDUM NO. 2 Chesterley Park Site Improvements Pre -Bid Walk-thru June 12, 2001, 9:00 am Jim Jaeger Evans & Son 2206 Terrace Heights Rd., Yakima, WA 98901 509-575-0156 509-575-1105 Bill Hammond Superior Asphalt 2000 E. Beech St., Yakima WA 98909 509-248-6823 509-248-9877 Chuck Durand Durand's Inc. 5260 Hwy 24, Moxee, WA 98936 509-452-4612 509-457-9659 Corey Anson Durand's Inc. 5260 Hwy 24, Moxee, WA 98936 509-728-0040 509-457-9659 Bob Desgrosellier City of Yakima 129 N. 2nd St., Yakima, WA 98901 509-575-6228 509-576-6305 Jeff Brownlee Montgomery Irrigation 1901 S. 13th St., Yakima WA 98902 509-248-9046 509-453-7971 Randy Dordahl Morton Supply 1724 S. 1st St., Yakima, WA 98901 509-248-3500 509-248-3547 1066 03 Wardell Architects, P.S Chesterley Park Site Improvements Pre -Bid Walk-thru June 12, 2001, 9:00 am Name Company Address Phone Fax Ben Stephens Stephens & Sons Construction 2 N. 36th Ave., Yakima, WA 98902 509-457-6426 509-457-0169 Don Murphy Fulleton Pacific Construction P.O. Box 518, Ellensburg, WA 98926 509-933-1960 509-933-1964 Jerry Russell Russell's Landscaping 8008 Rutherford Rd., Yakima, WA 98908 509-966-6940 509-965-3970 Joe Stevens Steven's Landscaping P.O. Box 10595, Yakima, WA 98907 509-453-5135 509-225-7039 Don Gabbert Close Quarters, Inc. 41 Raven Rd., Yakima, WA 98901 509-248-5100 509-453-4391 Steve Menard Metal Benders 1008 N. 9th Avenue, Yakima, WA 98902 509-453-3326 509-453-9921 Piper Hale Piper Hale Landscaping 9460 Fort Rd., Wapato, WA 98951 509-848-2679 509-848-2552 Nathan Larson Piper Hale Landscaping 9460 Fort Rd., Wapato, WA 98951 509-848-2679 509-848-2552 Jim Maine City of Yakima 129 N. 2nd St., Yakima, WA 98901 509-575-6138 509-576-6305 Steve Wingerter City of Yakima 129 N. 2nd St., Yakima, WA 98901 509-966-0058 Steve Mettle Superior Asphalt 2000 E. Beech St., Yakima WA 98909 509-248-6823 509-248-9877 Jerry Evans Evans & Son 2206 Terrace Heights Rd., Yakima, WA 98901 509-575-0156 509-575-1105 1066 03 Wardell Architects, P.S. Chesterley Park Site Improvements BID TABULATION June 26, 2001 3:00 p.m. Evans & Sons Stephens and Sons Construction Bid Bond Yes Yes Bid Item No. 1 $515,737.21 $588,000.00 Bid Item No. 2 $2,158 00 $1,800.00 Bid Item No. 3 $45,240.68 $48,700.00 Bid Item No. 4 $5,000.00 $5,000.00 TOTAL BASIC BID $568,135.89 $643,500.00 Alternate No. 1 ($2,913.30) ($1,620 00) Alternate No. 2 ($11,806 33) ($11,500.00) Addendum #1 Addendum #2 Yes Yes Yes Yes I certify that these are the bids received on June 26, 2001 at 3:00 p.m. 40, Wardell Architects, P.S. Low Base bid received was $ 568,135.89 Less Alternate Deducts of ($ 2,913.30) & ( $11,806.33) Fora total contract amount of $ 553,416.26 Contract awarded to Evans & Sons AWARD MADE BY CITY MANAGER City Manager- Date July 17, 2001 Richard Zais, City Manager City of Yakima 129 North 2nd Street Yakima, WA 98901 Re: Chesterley Park Site Improvements Project No 1066 03 Dear Mr Zais We recommend that the City of Yakima accept the low bid of $ 553,416.23 from Evans and Son, Inc. for the above referenced project. This amount includes two deductive alternates and Washington State Sales Tax. Enclosed is a signed copy of the Bid Tabulation. Lois A. Wardell, AIA President cc: Denise Nichols Bob DesGrosellier 509 W. Chestnut • Yakima • WA • 98902 phone 509 453 3693 • fax 509 453 1336 C L rJ G/!J F = Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The date of commencement shall be fixed in a Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than Ninety (90) days from the date of commencement, er-as-fellews: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) except that is hydroseeding shall not have taken place prior to September 15, hydroseeding shall be done the following spring as soon as the weather has warmed and settled sufficiently to assure proper germination and growing conditions , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) Provisions for Liquidated Damages shall be as noted in the Specifications, Section 00800, Article 8.4. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Hundred Fifty-three Thousand, Four Hundred Sixteen and 26/100 Dollars ($ 553,416.26 ), subject to additions and deductions as provided in the Contract Documents. Note that this amount includes Washington State Sales Tax. This amount also contains a $5,000 Force Account. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate No. 1, deletion of bleacher pads (deduction of $2,913.30) and Alternate No. 2, deletion of trees (deduction of $11,806.33). 4.3 Unit prices, if any, are as follows. N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. - AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format A101-1997 User Document: Y106603GC.DOC -- 7/17/2001 AIA License Number 110540, which expires on 10/7/2001 -- Page #2 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,—er- as-fellews. Applications for payment shall be in compliance with the provisions of the General Conditions and Section 00800, Article 9 of the Specifications. 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 1st day of a month, the Owner shall make payment to the Contractor not later than the last day of the same month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than the last day of the following month days after the Architect receives the Application for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3 8 of AIA Document A201-1997, .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent (5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances. .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6.1 and 51.6.2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) N/A 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D C. 20006-5292. WARNING. Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format A101-1997 User Document: Y106603GC.DOC -- 7/17/2001. AIA License Number 110540, which expires on 10/7/2001 -- Page #3 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 Prior to final payment of retained monies and/or unpaid balance of the Contract Sum, the Contractor shall submit for himself and for each of his subcontractors the Affidavit of Wages Paid signed by the Department of Labor & Industries, together with such other submittals as required by the contract documents and as may be required by the Owner. The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997 ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and other information) Lyle Erlewine Wardell. Architects, P.S. 509 West Chestnut Yakima, WA 98902 7.4 The Contractor's representative is: (Name, address and other information) Jim Evans Evans and Son, Inc. 2206 Terrace Heights Drive Yakima, WA 98901 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format A101-1997 User Document: Y106603GC.DOC -- 7/17/2001 AIA License Number 110540, which expires on 10/7/2001 -- Page #4 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A101-1997 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 1, 2001 , and are as follows: Document See Attachment "A". Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section See Attachment "A" Title Pages 8.1.5 The Drawings are as follows, and are dated June 1, 2001 unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number See Attachment "A" Title Date 8.1.6 The Addenda, if any, are as follows: Number Date Pages Addendum No. 1 June 7, 2001 3 Addendum No. 2 June 20, 2001 4 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1,7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) None This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) 2�c-Lc c9, A. 2,A7 5 Cly (Printed name and title) City C!erk NTRACTOR (Signature) c-114 /( ":5-.1)/4 (Printed name and title) 5-e 7re. , AIA DOCUMENT A101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below Electronic Format A101-1997 User Document: Y106603GC.DOC -- 7/17/2001. AIA License Number 110540, which expires on 10/7/2001 -- Page #5 Change Order AIA Document G701 - Electronic Format OWNER ARCHITECT CONTRACTOR FIELD OTHER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 PROJECT. (name, address) Chesterley Park Site Improvements North 40th Avenue and River Road Yakima, WA 98902 TO CONTRACTOR. (name, address) Evans and Son, Inc. 2206 Terrace Heights Drive Yakima, WA 98901 The Contract is changed as follows. Per Attachment "A" Total Price This Change Order: CHANGE ORDER NUMBER. 1 DATE. July 17, 2001 ARCHI 1"ECT' S PROJECT NO 1066.03 CONTRACT DATE. July 17, 2001 CONTRACT FOR: General Construction DEDUCT $ 69,13 5.01 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) (Guaranteed maximum Price) was Net change by previously authorized Change Orders The (Contract Sum) (Guaranteed Maximum Price) prior to this Change Order was The (Contract Sum) will be (-increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum including this Change Order will be $ 553,416.26 $ 0.00 $ 553,416.26 $ 69,135.01 $ 484,281.25 The Contract Time will b unchanged) by zero (0 ) days. The Date of Substantial Completion as of the date of this Change Order therefore is October 18, 2001 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. ARCHITECT Wardell Architects, P.S. CONTRACTOR Evans and Son, Inc. Address Address 509 West Che 2206 errace Heights Drive Yaki t <�r �0 Y. WA 98901 BY. D f8/o/ OWNER City of Yakima Address 129 North 2nd Street ma, WA 98901 BY'� DATE -7 /18/0 AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C., 20006-5292. WARNING Unlicensed photocopying violates U.S. copynght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be i epi oduced without violation until the date of expiration as noted below Electronic Format - G701-1987 User Document: 106603C01 DOC -- 7/17/2001 AIA License Number 110540, which expires on 10/7/2001 -- Page #1 Attachment "A" Change Order No. 1 7/17/01 1 Delete work to existing asphalt parking lot and work associated with the new parking lot, per Wardell Architects Request for Proposal No. 1 dated July 10, 2001 Includes deletion of surveying requirement. Pricing per Evans and Son, Inc. Letter of 7/11/01 Total Cost This Item DEDUCT $ 55,453.29 2. Revise Irrigation System requirements, per Wardell Architects Request for Proposal No. 2 dated July 10, 2001. Pricing per Evans and Son, Inc. Letter of 7/11/01 Total Cost This Item DEDUCT $ 13,581.72 Total Deduction This Change Order, including WSST: $ 69,135.01 \ \ \\ \ \ \\ \ r-1\ \\ \ \\ \� \\ \ ) \ \ 1 1 1 I i)t ..T1 }-' EXISTING SKATE --BOARD PARK P D G 3 Jul -11-01 10:11A Evans & Son, Ine. 509-575-1105 INC.EVANS & SON 2206 Ten -ace Heights Drive, Yakima, Wa. 98901 (509) 575-0156 / Fax 575-1 105 Contr. Reg. #EV AN SS1120J H Mr Robert A. Wardell Wardell Architects 509 West Chestnut Avenue Yakima, Washington 98902 (509) 453-3693 (509) 453-1336 Fax July 11, 2001 11.E. Chesteriy Park Site improvements Project No. 1066 03 Dear Mr. Wardell — As per your request ofiuly 10, 2001 please find the t'oliowtng: Proposal Number One Parking Arca Scope of Work Reduction as listed on your request of July 10, 2001 but also to include deletion of surveying, credit to delete the mentioned items . .. .... . .. . .. . . . .$ 55,453,29 Proposal Number Twoe irrigation System Modifications as fisted on your request of July 10, 2001 stating the downsizing to provide 720 gprn and ability to operate three sets simultaneously, credit to downsize. .. . _ .. ...... ....$ 13,681.72 Please note that the above prices do include Washington State Sales Tax. ICyou have any questions please give us a call Thank you for your help on this matter Sincerely, "Serving the Valley Since 1952" P_01 r,„�]:I ARCI 117'PCTti CHESTERLEY PARK SITE IMPROVEMENTS City of Yakima Yakima, Washington PROJECT MANUAL June 1, 2001 Project No. 1066.03 City of Yakima Project No. 1826 (Chesterley Improvements) City of Yakima Project No 1753 (Powerhouse Canel Pathway) Federal Aid No. STPE — 1485 (010) Contents copyright 2001 by Wardell Architects, P.S. Unauthorized use prohibited. 509 W. Chestnut • Yakima • WA • 98902 phone 509.453.3693 • fax 509.453.1336 Chesterley Park Site Improvements Index -1 PROJECT MANUAL INDEX Part I BIDDING AND GENERAL REQUIREMENTS (Division 0) 00010 Invitation to Bid 00100 Instruction to Bidders 00200 Bid Form Bidders Check List Non -Collusion Declaration Non -Discrimination Provision Subcontractor List Bidders Certification Subcontractor Certification 00500 General Contract (AIA A101 Reference) Performance Bond Form Informational Certificate of Insurance 00700 General Conditions (AIA A201 Reference) 00800 Supplementary General Conditions Certificate of Compliance Form 00900 Special Conditions / Minority and Womens Business Enterprise Policy 00950 Required Contract Provisions for Federal -Aid Construction Contracts PART 11 CONTRACT REQUIREMENTS (Division 1) 01010 Summary of the Work 01030 Alternates 01200 Progress Meetings 01300 Submittals 01311 Prevailing Wage Rates 01500 Temporary Facilities 01700 Cleanup and Project Closeout PART ill TECHNICAL SPECIFICATIONS Division 2: Sitework 02000 Canal Pathway Standard Specifications and Contract Provisions (for use on Canal Pathway portion of project only) 02070 Selective Demolition 02200 Earthwork 02511 Hot -Mix Asphalt Paving 02831 Chain Link Fences and Gates 02900 Landscaping 02910 Irrigation System Division 3: Concrete 03300 Cast -in -Place Concrete 1066.03 Index Chesterley Park Site Improvements Index -2 Division 4: Masonry No Work Division 5: Metals 05500 Miscellaneous Metals Division 6 - 16: No Work PART IV DRAWINGS (Bound Separately) A-1 Overall Site Plan A-2 North Partial Site Plan A-3 South Partial Site Plan A-4 Landscape Plan 1066.03 Index PART 1 BIDDING AND GENERAL REQUIREMENTS Chesterley Park Site Improvements 00010-1 SECTION 00010 - INVITATION TO BID 3 6 Sealed bids will be received until 3:00 pm on Wednesday, June 20, 2001 at the City of Yakima Clerks Office, 129 North 2nd Street, Yakima, Washington, for a lump sum General Contract, including all General and associated work for the 9 Chesterley Park Site Improvements 12 Yakima, Washington 15 This project consists of sitework, landscaping and associated construction at Chesterley Park, North 40th Avenue and River Road, Yakima, Washington. This contract shall consist of selective demolition, including removal of asphalt paving and concrete curbs, rough and finish grading, asphalt paving, and 18 concrete curbs and pads. Also included is landscape work including underground irrigation, hydroseeding, and trees. 21 Bids will be opened and publicly read aloud immediately after the specified dosing time. Bidders and other interested parties are invited to be present at the opening. Bids received after the specified closing time will not be considered. 24 Submit each bid in accordance with project bidding and contract documentation requirements. A Bid Bond is required. 27 Questions are to be directed to the Architect of Record: 30 Wardell Architects, P.S. 509 Chestnut Avenue, Yakima, WA. 98902 509-453-3693 fax: 509-453-1336 33 Plans may be examined at the Architect's office and at the City of Yakima Purchasing Office and the following Plan Centers: 36 Yakima Plan Center Yakima, WA. Tri Cities Construction Council Kennewick, WA. 39 Bid documents may be obtained by prime bidders at the Architect's office for a non-refundable fee of $25.00 per set. Checks should be made payable to City of Yakima. Bid documents will be available at 42 the Office of the Architect after noon on June 4, 2001. Bidders wishing documents mailed to them may do so by paying a $15.00 non-refundable mailing fee payable to the Architect. 45 The following is applicable to federal aid projects (the Powerhouse Canal Pathway Portion of the Project). The City of Yakima in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 48 42 U.S.C. 2000d to 2000-4 and Title 49, Code of Federal Regulations, 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, 51 hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated 54 against on the grounds of race, color or national origin in consideration for an award. 1066.03 Invitation to Bid Chesterley Park Site Improvements 00010-2 3 Prior to the execution of the contract, the successful bidder shall fumish separate performance and payment bonds, each in the amount of 100% of the contract sum, plus sales tax, as described in the Instructions to bidders. The obligee shall be the City of Yakima . 6 All bonds required in this invitation or under the contract documents shall be issued by a state authorized bonding company, licensed to transact business in Yakima County and the State of Washington. 9 A bidder whose prupusdi is under consideration shall upon request, promptly furnish satisfactory evidence of his/her financial resources, his/her experience, and the organization and equipment he/she has 12 available for the performance of the contract. The bidder must be registered in the State of Washington (in accordance with Chapter 18.27 RCW) and shall furnish state registration number. 15 A Mandatory Site Visit will be held 9:00 am Tuesday, June 12, 2001 for prime contractors and other interested parties. Sub -contractors are encouraged to attend. Meet at the site at the existing park picnic shelter. Parking is available in the parking lot off River Road east of N. 40th Avenue. 18 21 94 n-7 41 30 33 The City of Yakima reserves the right to reject any or all bids and to make further calls for bids in the same manner as the original call, and to waive any informalities. No bidder may withdraw his/her bid after the hour set for receiving the bids, or before the award of contract, unless said award is delayed for a period exceeding 60 days. By order of: Karen S. Roberts City Clerk Yakima, Washington END OF SECTION 00010 1066.03 Invitation to Bid Chesterley Park Site Improvements 00100-1 SECTION 00100 - INSTRUCTIONS TO BIDDERS 3 CONSIDERATIONS 6 To be considered, Bids must be made in accordance with these Instructions to Bidders. 9 DOCUMENTS 12 Prime bidders may obtain documents from the Architect for a non-refundable charge of $25.00 per set. Make checks payable to the City of Yakima. Incomplete, partial, or single -page copies will not be issued. 15 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Instructions to Bidders, the Bid Form and other sample contract forms. The proposed Contract Documents consist of the Conditions of the Contract (General, 18 Supplementary and other Conditions), Drawings and Details, Specifications and Schedules, and all Addenda issued prior to execution of the Contract. 21 DIVISION OF SPECIFICATION PACKAGES 24 The Work of this Contract is in two sections, to be performed simultaneously. Section One is work for the Powerhouse Canal Pathway Project (City of Yakima Project No. 1753/Federal Aid No. STPE-1485 (010)) and includes work associated directly with construction of the pathway running along the west side of the 27 project bordering North 40th Avenue. Section Two is work for the remaining improvements to the Park, including soccer fields, parking, and the section of pathway connecting the rest room building with the parking lot. 30 Work on the Canal Pathway shall be governed by the specifications included in Section 02000, Canal Pathway Standard Specifications and Contract Provisions, and the provisions of Divisions 0 and 1. In 33 cases of conflict, the provisions of Section 02000 shall prevail. Work of the remainder of the contact shall be govemed by the provisions of Divisions 0 through 16, 36 excluding Sections 00950 and 02000. The project shall be bid as a single package, with pricing for the different sections broken out as indicted 39 on the Bid Form. 42 DEFINITIONS All definitions set forth in the General Conditions and in other parts of the Contract Documents apply to the 45 Bidding Documents. Addenda are written or graphic instruments issued by the Architect prior to execution of the Contract for 48 Construction which interpret or modify the Bidding Documents. A Bid or Rid is a complete and properly executed proposal to do the Work or designated portion thereof for 51 the sums stipulated therein. To be valid Bids must be submitted in accordance with Bidding Document requirements. 54 Refer to applicable Division 1 Sections for definitions of "Basic Bid " and "Alternate Bid" 1066.03 Instructions to Bidders Chesterley Park Site Improvements 00100-2 A Bidder or "Bonafide Bidder' is a person or entity who submits a Bid or Bid. 3 A Sub -bidder is a person or entity who submits a bid to a Bidder for materials, labor or services for a portion of the Work. 6 BIDDERS REPRESENTATIONS Bidders shall carefully examine the documents and the site of the work to obtain first-hand knowledge of 9 existing conditions Contractors will ver extra payments for conditions _ _fit _ _ _ .. �_ _�_ can deter t _ _. d 7 GICWtlllt�. conditions, t,ulnlct�.:tvla will not be given Wnunwrts wnlut [;art be Ue[erranee by examining the site, existing structures, and documents. 12 The Architect, in making documents available for bidding, confers no license or grant for any other use. 15 By submitting llg his Bid each Bidder represents that: The Bidder has carefully examined the project site and the documents and !understands the 18 documents and the bid is made in accordance therewith. The quotation includes all costs to perform the work required by the contract documents 21 considering all observable existing site and local conditions. The bidder is familiar with local tabor conditions and state local and federal regulations affecting 24 the Work and has considered these factors in the preparation of his Bid . The bidder is satisfied that the proposed Contras Documents are adequate for -purposes of 27 providing and successfully completed the Work The bidder/the bidding Firm has adequate financial resources and will employ adequate numbers 30 of qualified personnel to coordinate, schedule, supervise and perform the work in conformance with Contract Document requirements. 33 Asbestos -Free Materials: Bidder, if awarded a contract hereby certifies and guarantees to the City of Yakima that any products of materials sold, used, or installed under the terms of this contract, will not contain any asbestos. In the event the product sold does not conform to the above standards, the Owner 36 may return the product for correction or replacement at Bidder's option and at Bidder's expense. Services performed by the seller which do not conform to the above standards must be corrected by seller at seller's expense or make the appropriate correction within a reasonable time. 39 SITE VISITATION: 42 A Mandatory Site Visit will be held 9:00 am Tuesday, June 12, 2001 for prime contractors and other interested parties. Sub -contractors are encouraged to attend. Meet at the site at the existing park picnic 45 shelter Parking is available in the parking lot off River Road east of N. 40th Avenue. 48 QUESTIONS Submit questions about Contract Documents to Architect in writing. Replies will be by Addenda issued to 51 all prime bidders and pian holders of record. Owner and Architect will not be responsible for oral clarification. Questions received less than 48 hours before bid opening will not be answered. No Addenda will be issued less than 2 days before bid opening except for Addenda announcing a bid opening 54 time extension. 1066.03 Instructions to Bidders Chesterley Park Site Improvements 00100-3 3 SUBSTITUTIONS: Specified materials, products and equipment indicated in the Bidding Documents establish a standard of 6 required function, dimensions, appearance and quality to be met by any proposed substitution. Where specified products and manufacturers are specified for any portion of the Work, such products and 9 manufacturers shall be the basis for the Bid unless prior approval is granted by the Architect for substitution of products and/or manufacturer. 12 Bidders shall comply with the provisions of the project manual (Section 01631) in requesting prior approval for proposed substitutions. 15 Requests for substitutions not in compliance with submittal requirements and not received by the Architect at least seven (7) days prior to the date for receipt of Bid s will not be considered. 18 If the Architect approves, subject to limitations stated in the Project Manual, any proposed substitution, such approval will be set forth in an Addendum. Approvals made in any other manner shall not be valid. 21 No substitutions will be considered after the contract award except as specifically provided for in the Project Manual. 24 ADDENDA: 27 Addenda will be mailed, telephoned, faxed or delivered to all who have obtained complete sets of Contract Documents from the Architect and are plan holders of record. Bidding Documents and copies of Addenda will be made available for inspection wherever documents are on file for bidding purposes. Addenda will 30 be prepared and transmitted by the Architect. The Architect may elect to issue addenda by use of facsimile (fax), followed by a printed copy. 33 Bidders are responsible for informing their sub -bidders of pertinent addenda provisions,. Each Bidder is responsible for determining that he/she has received all addenda prior to submitting his/her Bid, and their receipt shalt be acknowledged on the quotation form. 36 Receipt of Addenda must be acknowledged on the Bid Form. 39 PREPARATION OF BiD Submit bid on form furnished by Architect in the Bidding Documents, without alterations or recapitulation of 42 work to be done. Fill in blank spaces an form. Sign in longhand. if bidder is a partnership or co- partnership, each partner must sign; if a corporation, print name of state of incorporation and legal signature of an officer authorized to bind corporation to a contract. 45 Fill in all blanks in the quotation forms by typewriter or manually with ink. Where indicated, express sums in both words and numerals. In case of a discrepancy the amount written in words 48 shall govern. Any modification or erasures on the quotation forms must be initialed by the Bidder 51 Include alternates and all cost breakdowns requested on Bid Form. Failure to comply may be cause for rejection. No segregated bids or assignments will be considered. if no change from the Basic Bid is 54 required enter "no change". If the amount of any altemates is left blank, it will be interpreted to mean "no change" 1066.03 Instructions to Bidders Chesterley Park. Site Improvements 00100-4 Registration: All firms bidding this project shalt be Licensed by the State of Washington in conformance 3 with RCW 18.27 and shall fumish state registration number. Receipt of Documents: The faiiure or omission of a bidder to receive or examine any for n, instrument, 6 addendum, or other document shall in no way relieve any bidder from obligations with respect to the bid or to the contract. 9 BID SUBMI E !'AL Submit bid, bid security and any other required submittals in a sealed opaque envelope. Identify envelope 12 with the name of the project and the name of the Bidder. Submit bid in accordance with Invitation for Bid. Delivery of bid to place of bid is the responsibility of the Bidder 15 Attention is called to the "Bidders Check List' immediately following the Bid Form, which lists required documents to be submitted at the time of bid. 18 MODIFICATION OR WITHDRAWAL OF BID Modifications of bids already received will be considered only if modification is made prior to scheduled 21 closing time for receipt of bid. Modifications must be over signature of the bidder. Telegraphic, telephone facsimile or other means of modification will not be accepted. Delivery of modifications is the responsibility of the Bidder. Withdrawal of quotation may be accomplished at any time prior to scheduled closing time 24 for bid opening in manner set forth herein for modification. Should- a bidder submit a quotation form with all- spaces not filled, the Owner at its sole discretion may 27 consider such bid irregular and may reject the bid. The bidder agrees to hold the Owner harmless if the quotation is rejected. 30 AWARD OF CONTRACT It is the intent of the Owner to award a Contract to the lowest responsible bidder as defined in RCW 33 43.19.1911., provided the bid has been submitted in accordance with Bidding Document Requirements. The Owner shall have the right to accept alternates in any order or combination and to determine the low 36 bidder based on the sum of the base bid and alternates selected. The City of Yakima reserves the right to reject and or all bids or to make further calls for bids in the same 39 manner as the original call, or to waive any informalities. APPEAL OF INTENDED AWARD 42 Three days after the date designated for the receipt of Bids, Bidders may inquire of the Architect as to the identity the apparent lowest responsible Ridder. identity of the apparent �� .....��....� ..,..................... 45 Unsuccessful bidders may protest the intended award of the contract to the Architect. The protest shall be submitted in writing within 5 days after the determination by the Architect of the apparent lowest 48 responsible bidder. The protest shall clearly state all of the facts upon which the protest is based. The Architect shall respond in writing to the protest prior to the award of the Contract by the Owner. The response of the Architect shall be the final decision of the Owner. 51 POST 81D INFORMATION 54 A bidder whose proposal is under consideration shall, upon request, promptly furnish satisfactory evidence of his financial resources, his experience, and the organization and equipment he has available 1066.03 Instructions to Bidders 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site improvements 00100-5 for the performance of the contract, and shall submit to the Architect, if requested, a properly executed AIA Document A305, Contractor's Qualification Statement. Within seven (7) days of notification of selection for the award of a contract for the work, the bidder shall submit the following information to the Architect: 1. A designation of the work to be performed by the Bidder with his own forces. 2. The proprietary names and suppliers of principal items or systems of materials and equipment proposed for the work. 3. A list of names of the subcontractor or other persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the work. 4. Completed Schedule of Values. Before awarding any contract, the Owner will require documentation regarding efforts to maximize the opportunity for Women and Minority Business Enterprises and Women and Minority Workforce Utilization in the performance of this project. Additional information and forms are included in Section 00900 Special Conditions. The Bidder will be required to establish to the satisfaction of the Architect and the Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the work described in the bidding documents. Prior to the award of the contract, the Architect will notify the Bidder in writing if either the Owner or the Architect has reasonable objection to any such proposed person or entity. If the Owner or Architect has a reasonable objection to any such proposed person or entity, the Bidder may, at his option: (1) withdraw his bid, or (2) submit an acceptable substitute person or entity with an adjustment in his bid price which is equal to or less than the original bid price. If the Bidder fails or refuses to promptly submit an acceptable substitute person or entity with an adjustment in his bid price which is equal to or less than the original bid price, his bid shall be deemed withdrawn, and the Owner shall consider the next low bidder. In the event of either withdrawal or disqualification under this subparagraph, bid security will not be forfeited, notwithstanding other provisions of the bidding documents. Persons and entities proposed by the bidder and to whom the owner and the architect have made no reasonable objection must be used for the work for which they were proposed and shall not be changed except with the written consent of the Owner and the Architect. PERFORMANCE AND PAYMENT BONDS The successful bidder shall file with the Owner separate performance and payment bonds, each in the full amount of the contract amount, including Washington State Sales Tax, on forms bound herein, or as shall be acceptable to the Owner, as security for faithful performance of the Contract and the payment of all persons supplying labor and materials for construction and to cover all guarantees against defective workmanship or materials, or both, as required by the Contract Documents. The surety furnishing these bonds shall have a sound financial standing and a record of service satisfactory to the Owner and shall be authorized to do business in the State of Washington. All bonds required in this invitation or under the contract documents shall be issued by a state authorized bonding company, licensed to transact business in Yakima County and the State of Washington. The attomey-in-fact (Resident Agent) who executes the bonds on behalf of the surety must attach a notarized copy of his power of attorney as evidence of his authority to bind the surety on the date of execution of the bonds. MISCELLANEOUS PROVISIONS AND CONDITIONS 1066.03 Instructions to Bidders Chest:A k y "gar k Site improvements 00100-6 Taxes, Permits, Fees: 3 Bid amounts, and the Contract sum, and any agreed variations thereof shall include all taxes imposed by law, except only State and Local Sales Tax. Sales Tax shall be collected from the 6 Owner and will be paid to the State by the Contractor in conformance with the law. Contractor shall fumish proof of payment of all taxes required by law. 9 Bid amounts, and the Contract sum shall include fees for inspections required by public authorities. 12 END OF SECTION 00100 1066.03 instructions to Bidders Chesterley Park Site Improvements BIDDER'S CHECK LIST BID FORM 00200-1 The bidder's attention is especially called to the following forms, which must be executed, as required, and submitted on the form purchased from the City and bound in the Contract Documents: A. PROPOSAL The unit prices and extensions (if any) and spaces provided. B. PROPOSAL SIGNATURE SHEET To be filled in and signed by the bidder. I amounts bid must be shown in the C. BOND ACCOMPANYING BID This bid form is to be executed by the bidder and the surety company unless bid is accompanied by a certified check. The amount of this bond shall be not less than 5% of the total amount bid and may be shown in dollars or on a percentage basis. D. MBEIWBE FARM. It is requested that The Bidder's Certification of the "Affirmative Action Profile" in the MBE/WBE Form be filled in and signed by the bidder. Failure to provide this information WILL NOT render the bid non-responsive. The following forms are to be executed after the contract is awarded: A. CONTRACT This agreement is to be executed by the successful bidder. B. PERFORMANCE BOND Refer to attached form. To be executed by the successful bidder and his/her surety company. C. CERTIFICATE OF INSURANCE Refer to attached Informational Certificate of Insurance and Additional Insured Endorsement. Also refer to Section 00700 General Conditions and 00800 Supplementary General Conditions. 1066.03 Bid Form Chesterley Park Site Improvements CITY OF YAKIMA 129 NORTH 2ND STREET YAKIMA, WASHINGTON Rin PROPfSAI FOR THE CHESTERLEY PARK SITE IMPROVEMENTS YAKIMA, WASHINGTON City of Yakima Project No. 1826 and 1753 TO. City Clerk City of Yakima BID FORM 00200-2 The undersigned, having carefully examined the Contract Documents for the above project, as prepared by Wardell Architects, P.S , dated March 21, 2001, and having viewed the site, submit the following bid proposal. Item No. 1. Total Base Bid for Total Project EXCEPT within the Pathway Limits as Shown 1:IVc: Ft�1hi ; . H��=."11,.-0.-!-0U�la�i> 'S -')E Vti`1 VIU/6bik• -P-IiPtSt-Va.) (1 a(j )Ilars (Print dollar amount in space above, Including Washington State Sales Tax) Item No. 2. Spill Prevention Plan, per LUMP SUM (Part of the Bid for within Pathway Lim its) I' dt: Tl--(dJL+`:A( 6 O/.; v- 1FIN ea c --!-t ! l ==l i(x) Dollars .... (Print dollar amount in space above, including Washington State Sales ax) Item No. 3: Canal Asphalt Pathway and Concrete Sidewalk, per LUMP SUM (Part of the Bid for within Pathway Limits) i+'J(' E V-1livi6M1(lii,},_2C' t-tkAni f&A (i,J`- ))66 Dollars....... (Print dollar amount in space above, including Washington State Sales Tax) Item No 4- Repair or Replacement, per FORCE ACCOUNT (Part of the Bid for within Pathway Limits) Five Thousand and no/00 Dollars (Print dollar amount in space above, including W ashington State Sales Tax) Total Bid Amount, Including Washington State Sales Tax - 1 2.1 �c. 9 $5.000.00 $ 6b, 135: * The above Total Bid Amount is the basis for award of this project. Fi TC1TI\I� r�tt� c--)0�� a-ikm\a���_I> >i x-ry E/61-LCr TI--I(:u`�i�ni C r� .I--lt;-+1i�,14.a i)_I�()-YY lJti N�� I/CC 1)61'1', 1066.03 Bid Form Chesterley Park Site Improvements ALTERNATES Alternate No. 1: Delete bleacher pads and all associated work. DEDUCT $ rh i BID FORM 002003 Altemate No. 2: Delete providing and planting of trees. DEDUCT $ Reinstatement of Alternates Provision: i agree that the Owner shall have the right to incorporate into the Contract at the Alternate Bid Price, an Alternate Bid herein listed, if so notified by the Owner within thirty (30) calendar days after the signing of the Contract. SALES TAX The undersigned agrees that the above named Basic Bid amount includes the City of Yakima's obligation for Washington State Sales Tax. The Contractor shall collect from the Owner and pay the current sales tax rate on the contract amount. COMPLETION DATE i/we agree to substantially complete the work of each project phase and the total work required by the Contract and to finally complete all work within the time constraints specified in the contract documents and subject to liquidated damages provisions specified in the Supplementary Conditions. CONTRACT If the undersigned be notified of the acceptance of this bid within 60 days of the time set for opening bids, the undersigned agrees to execute a contract for the above work for a compensation computed from the above stated sums, and to give bonds as required by the Instructions to Bidder and Contract Documents. ADDENDA Receipt of the following addenda is hereby acknowledged: Addenda No. / Date: Addenda No. Date. BID SURETY 0/ // i Addenda No. Date. 4'72 d��r Addenda No. Date: This Bid Proposal is accompanied by a Bid Surety in the amount of not less than five percent (5%) of the total bid and in the form of one of the following: Cash, a Cashier's Check or Certified Check payable to the City of Yakima, or a Bid Proposal Bond. 1066.03 Bid Form Chesterley Park Site Improvements BID FORM 00200-4 The Bidder is hereby advised that by signature of this Bid Proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. Name of Firm ,1 ICiJVIy`_'a Kb r� jc3n ',at) Note: If bidder is a corporation, write State of Incorporation; if a partnership, give fuH names and addresses of all parties below. Signed By: ()Clia.11 Official Capacity. PkF,`_; Address: Q..P IGF s l�ti.� tS ,laktivwd ft (1gqcsi Date. rj - r d C) I Phone. C(c) .5 %J O i' -S-k) Fax(c)09) a 7 s l l 0 E., State of Washington Contractor's License NumberI e,l� �N. 5 l (? aJ H Federal ID Number q i " (vf 3 SO 73 .`(/ 1066.03 Bid Form Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -Preside t, and T. E. SMITH, Assistant Secretary, -Laws o d effec in pursuance of authority granted by Article VI, Section 2, of reverse side hereof and are hereby certified to be in full constitute and appoint Don W. EMERICK, JR., Car SULLIVAN and Tammy R MCKEE, all of Ya Attorney -in -Fact, to make, execute, seal and deliver, f bonds and undertakings and the execution of su binding upon said Company, as fully and amply, acknowledged by the regularly elected office persons. This power of attorney revokes that The said Assistant Secretary does here Article VI, Section 2, of the By -Laws of \s SRN, Washi on its •I� ds or u 11 intent teCom on be ha ify that Compan t a1� IN WITNESS WHEREOF, the saiee- Presid affixed the Corporate Seal of the said DELIT A.D. 1998. .�v Company, which are set forth on the e date hereof, does hereby nominate, RKINS, Lissa M. SHIVELY, Traci EACH its true and lawful agent and as surety, and as its act and deed: any and all ings in pursuance of these presents, shall be as purposes, as if they had been duly executed and at its office in Baltimore, Md., in their own proper on W. EMERICK, JR., etal, dated June 9, 1998. tract set forth on the reverse side hereof is a true copy of s now in force. d Assistant Secretary have hereunto subscribed their names and DEPOSIT COMPANY OF MARYLAND, this 6th day of July, ATTEST: FIDELITY APOSIT COMPANY OF MARYLAND �. T. E. Smith Assistant Secretary State of Maryland } ss: County of Baltimore By: W. B. Walbrecher Vice -President On this 6th day of July, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Carol J. Fa • -r Notary Public My Commission Expires: August 1, 2000 L1428-180-3127 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of bonds, undertaking, - - -•------ ......».� V. the Company any 11UV3 I.C4(�lllb recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 25th day of JUNE 2001 Assistant Secretary BID BOND FORM Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in the amount of $ L4Op:;.which amount is not les'than fiv ;,a=-rce of the total bid. Sign Here KNOW ALL MEN BY THESE PRESENTS: BID BOND That we, EVANS & SON, INC. , as principal, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND , as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of FIVE PERCENT OF AMOUNT OF BID Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, 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 CHESTERLEY PARK SITE IMPROVEMENTS #1066.03 according to the terms of the proposal or bid made by the Principal therefor, 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 25TH l DAY OF JUNE 4§ 2001 EVAN & SON, INC Pri pa FIDELIkY ANS F'EPOSIT COMPANY OF MARYLAND ire`, TRACI SULLIVAN Surety ATTORNEY—IN—FACT ,19 Received return of deposit in the sum of $ Bid Documents 4 05/10/99 Chesterley Park Site Improvements BID BOND FORM BID FORM 00200-5 Herewith find deposit in the form of a certified check, cashiers check, cash, or bid bond in the amount of $ which amount is not Tess than five percent of the total bid. Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS: That we, , as principal, and , as Surety, are held and firmly bound unto the City of Yakima, as Obligee, in the penal sum of Dollars, for the payment of which the Principal and the Surety bind themselves, their heirs, 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 , according to the terms of the proposal or bid made by the Principal therefor, 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 DAY OF , 20 Principal Surety 20 Received return of deposit in the sum of $ 1066.03 Bid Form Chesterley Park Site Improvements NON -COLLUSION DECLARATION BID FORM 00200-6 I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call. I -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. 1066.03 Bid Form Chesterley Park Site Improvements NON-DISCRIMINATION PROVISION During the performance of this contract, the contractor agrees as follows: BID FORM 00200-7 (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in Conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. *(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. *(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. *(5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in Executive Order No 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders 01 the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance - Provided however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." 1066.03 Bid Form Chesterley Park Site Improvements BID FORM 00200-8 Materially and Responsiveness The certification required to be made by the bidder pursuant to these Bid Conditions is material, and will govern the bidder's performance on the project and will be made a part of his bid. Failure to submit the certification wilt render the bid non responsive. Compliance and Enforcement Contractors are responsible for informing their subcontractor (regardless of tier) as to their respective obligations under the conditions of the contract here (as applicable). Bidders, contractors and subcontractors hereby agree to refrain from entering into any contract or contract modification subject to Executive Order 11246, as amended on September 24, 1965, with a contractor debarred from, or who is determined not to be a responsible' bidder for, government contracts and federally assisted construction contracts pursuant to Executive Order. The bidder, contractor or subcontractor shall carry out such sanctions and penalties for violation of the equal opportunity clause including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered by the administering agency, the contracting agency or the Office of Federal Contract Compliance pursuant to the Executive Order. Any bidder, or contractor or subcontractor who shall fail to carry out such sanctions and penalties shall be deemed to be in non-compliance with these Sid Conditions and Executive Order 11246, as amended. Nothing herein is intended to relieve any contractor or subcontractor during the term of its contract on this project from compliance with Executive Order 11246, as amended, and the Equal Opportunity Clause of its contract. Violation of any substantial requirement in the affirmative action plan by a contractor or subcontractor covered by these Bid Conditions including the failure of such contractor or subcontractor to make a good faith effort to meet it fair share of the trade's goals of minority and women workforce utilization, and shall be grounds for imposition of the sanctions and penalties provided at Section 209 (a) of Executive Order 11246, as amended. Each agency shall review its contractors' and subcontractors' employment practices during the performance of the contract. If the agency determines that the affirmative action plan no longer represents effective affirmative action, it shall so notify the Office of Federal Contract Compliance which shall be solely responsible for any final determination of that question and the Consequences thereof. In regard to these conditions, if the contractor or subcontractor meets its goals or if the contractor or subcontractor can demonstrate that it has made every good faith effort to meet those goals, the contractor of the subcontractor shall be presumed to be in compliance with Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions and no formal sanctions or proceedings leading toward sanctions shall be instituted unless the agency otherwise determines that the contractor or subcontractor is not providing equal employment opportunities. In judging whether a contractor or subcontractor has met its goals, the agency will consider each contractors or subcontractor's minority and women workforce utilization and will not take into consideration the minority and women workforce utilization of its subcontractors. Where the agency finds that the contractor or subcontractor has failed to comply with the requirement of Executive Order 11246, as amended, the implementing regulations and its obligations under these Bid Conditions, the agency shall take such action and impose such sanctions as may be appropriate under Executive Order and the regulations. When the agency proceeds with such formal action, it has the burden of proving that the contractor has not met the requirements of these Bid Conditions, but the contractor's failure to meet his goals shall shift to him the requirement to come forward with evidence to show that 1066.03 Bid Form Chesterley Park Site Improvements BID FORM 00200-9 he has met the "good faith" requirements of these Bid Conditions by instituting at least the Specific Affirmative Action steps listed above and by making every good faith effort to make those steps work toward the attainment of its goals within its timetables. The pendency of such formal proceedings shall be taken into consideration by Federal agencies in determining whether such contractor or subcontractor can comply with the requirements of Executive Order 11246, as amended, and is therefore a "responsible prospective contractor" within the meaning of the Federal Procurement Regulations. It shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority and women employees. The procedures set forth in these conditions shall not apply to any contract when the head of the contracting or administering agency determines that such contract is essential to the national security and that its award without following such procedures is necessary to the national security. Upon making such a determination, the agency head will notify, in writing, the Director of the Office of Federal Contractor Compliance within thirty days. Requests for exemptions from these Bid Conditions must be made in writing, with justification, to the: Director Office of Federal Contractor Compliance U.S. Department of Labor Washington, D.C. 20210 and shall be forwarded through and with the endorsement of the agency head. Contractors and subcontractors must keep such records and file such reports relating to the provisions of these Bid Conditions as shall be required by the contracting or administering agency or the Office of Federal Contractor Compliance. 1066.03 Bid Form Chesterley Park Site Improvements BIDDERS CERTIFICATION Bidders are encouraged to submit the following certification. (BIDDER) BID FORM 00200-10 certifies that: 1 It intends to use the following listed construction trades in the work under the contract and; as to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non-federal) in the Yakima, Washington area subject to these Bid Conditions, those trades being: 2. It will obtain from each of its subcontractors and submit to the contracting or administering agency prior to the award of any sub -contract under this contract the Subcontractor Certification required by these Bid Conditions. (Signature of Authorized Representative of Bidder) 1066.03 Bid Form Chesteriey Park Site Improvements SUBCONTRACTORS CERTIFICATION Subcontractors are encouraged to complete this Certification_ (SUBCONTRACTOR) BID FORM 00200-11 certifies that: 1. It intends to use the following listed construction trades in the work under the subcontract and; As to those trades for which it is required by these Bid Conditions to comply with these Bid Conditions, it adopts the minimum minority and women workforce utilization goals and the specific affirmative action steps for all construction work (both federal and non-federal) in Yakima, Washington, subject to these Bid Condition, those trades being - and; 2. It will obtain from each of its subcontractors prior to the award of any subcontract under this subcontract the Subcontractor Certification required by these Bid conditions. (Signature of Authorized Representative of Subcontractor) 1066.03 Bid Form Chesterley Park Site Improvements 00500-1 SECTION 00500 - AGREEMENT FORM 3 PART 1 - GENERAL 6 REFERENCE TO AGREEMENT FORM: 9 "Standard form of Agreement Between Owner and Contractor", AIA Document A101, 1997 Edition as published by the American Institute of Architects, 1735 New York Avenue NW, 12 Washington, DC 20006, as modified and supplemented by the Contract Documents will be used as the form of agreement for this project. 15 INSPECTION AND AVAILABILITY OF AIA DOCUMENT A101- 18 The Agreement Form is available for inspection at the office of the Architect. ADDITIONAL REQUIREMENTS 21 As a part of the Contract the Contractor shall provide a Performance Bond on the form provided following this Section. In addition, an Insurance Certificate for amounts and with additional 24 insureds as specified in Section 00800, Supplementary General Conditions, shall be submitted. A sample form is included following this Section. 27 30 END OF SECTION 00500 33 1066.03 Agreement Form Chesterley Park Site Improvements PERFORMANCE BOND 3 BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS. 6 EVANS & SON, INC. That we, the undersigned, 00500-2 BOND # 8575055 9 a WASHINGTON Corporation as Principal and FIDELITY AND DEPOSIT COMPANY (IF MARYLAND orpnration organized and existing under the laws of the State of MARYLAND as a suroty corporation, 12 and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal ex)rporations, as surety, are jointly and severally held and firmly bound to the CITY OF YAKIMA in the penal sum of $.._484_,.Z.31 , 25 for the payment of which sum on demand we bind ourselves end our sucwssors, heirs, administrators or personal representatives, as the case 15 may be. This obligation is entered into rn pursuance of the statutes of the Stain of Washington, the Ordinances of the CITY OF YAKIMA. 18 DATED at Yakima, Washington, thisl7THday ot_ JULY 20_0j. 21 Nevei-tho-less, tho conditions of tho abovo obligations are ,uch that: WHEREAS, pursuant to action taken by tho Yakima City Council on 20 the City Manager and City Ckir( of 24 the CITY OF YAKIMA has lot or is about lo let to the said EVANS & SON, INC . the above bounded Principal. a certain contract the said contract being numbered 1066. 03 and providing for CHESTERLY PARK SITE IMPROVEMENTS contract is refrrred to heroin and is made a part hercot as though attached 27 hsroto), and, WHEREAS. the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the wor'a therein provided 30 to- in the manner and within the time set forth; NOW rHFRFFORF„ if the saki EVANS & SON, INC. 33 shall faithfully perform all of the provisions of said contract in the manner and within the time therein set forth, or within such extensions of time as may be granted under said contract, and shall pay all laborers, mechanics, sub -contractors and material men, and all persons who shall supply said principal or sub -contractors with provisions and supplies for the carrying 36 on of said work, and shall hold said CITY OF YAKIMA, its employees, agents, and elected or appointed officials, harmless from any damage occasioned to any person or property by reason of any carelessness or negligence on the part of said principal, or any sub -contractor in the performance of said work and shall indemnify and hold the CITY OF YAKIMA, its 39 employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract 4r from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its ddacceptance thereof by the CITY OF YAKIMA, then and 42 in that event this obligation shall be void; but otherwise it shall bEVANS &m iSON f o INCd effect. (Contractor) 45 48 51 Apprnv.3d es to form. 54 (City Attonmy) 57 60 1066.03 By: Its ) (Prosidmt, Ownor, epic. t FIDELITY AND DEPOSIT COMPANY OF MARYLAND ' (Sure ,I-, / —— . TRACI SULLIVAN riame) Its- ATTORNEY— I(PNnt N—FACT Agreement Form Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -Preside t, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of*k:, -Laws o 4:. Company, which are set forth on the reverse side hereof and are hereby certified to be in full fi��� : d effec e date hereof, does hereby nominate, constitute and appoint Don W. EMERICK, JR., Car: ' 1 RN, J. � RKINS, Lissa M. SHIVELY, Traci SULLIVAN and Tammy R. MCKEE, all of Ya rr,,' Washi �t'�.+ ; EACH its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, ,v �'� surety,any f. s on its ►j: y as and as its act and deed: and all bonds and undertakings and the execution of su 'R' ings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, �. purposes, as if they had been duly executed and acin persons. Th s powerdged by he regularly of attorney revokes that \R office �,1on beha n W. EMERICK, e Com at its office in Baltimore, dated ,June h911998 proper ds or u 11 intent *o The said Assistant Secretary does here ify that 441 ctract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of CompanAe s now in force. IN WITNESS WHEREOF, the sae-Presid- 't aid Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELIT .70 DEPOSIT COMPANY OF MARYLAND, this 6th day of July, A.D. 1998. ATTEST: FIDELITY A POSIT COMPANY OF MARYLAND e T. E. Smith Assistant Secretary State of Maryland 1 ss: County of Baltimore By: W. B. Walbrecher Vice -President On this 6th day of July, A.D. 1998, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. Walbrecher, Vice -President and T. E. Smith, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. L1428-180-3127 Carol J. Fader // Notary Public My Commission Expires: August 1, 2000 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, person to execute behalf of the or to authorize any or persons on behalf utc LVIilpAily any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. 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 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 seal of the said Company, this 23RD day of JULY 2001 Yom*-�'w Assistant Secretary ACORD,, CERTIFICATE OF LIABI LITY INSURANCE DATE (MM/DD/YY) 07/23/2001 )ROrUCER (509)965-2090 Conover Insurance, Inc. 125 N. 50th Ave. P.O. Box 10088 Yakima, WA 98909-1088 INSURED Evans & Son Inc. 2206 Terrace Heights Rd. Yakima, WA 98901 FAX (509)966-3454 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A. American States Ins. Co. INSURER B: INSURER C: INSURER D' INSURER E. :OVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 4SR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 02WP044518 06/01/2001 06/01/2002 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 200,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 X Employers Li ab . PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 3,000,000 POLICY n PRO- JECT [ LOC A IPROPERTY AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02WP044518 06/01/2001 06/01/2002 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ DAMAGE (Per accident) $ I GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY AGG $ I EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 12 e: Chesterly Park Site Improvements - project #1066.03 - City of Yakima, its Agents, Employees id elected or appointed officials are named as additional insureds. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Yakima 129 N. 2nd Street Yakima, WA 98901 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL YJXXXXXXIXI MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KIXXXXIMMXNXXXXXXXXXXXXXXXXXXXXXMWOMMXXXXXXXX NOCCX,X*XXXXX XX XXAXIXt XIS IOCXXX *XXI ICXXXXXXXXX AUTHORIZED REPRESENTATIVE David LaRiviere/TRACIS ACORD 25-S (7/97) ©ACORD CORPORATION 1988 POLICY NUMBER: 02WP044518 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART - SCHEDULE Name of Person or Organization: CITY OF YAKIMA, ITS AGENTS, EMPLOYEES AND ELECTED OR APPOINTED OFFICIALS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations performed for that insured. NAMED INSURED: EVANS & SON, INC. INSURANCE CARRIER: AMERICAN STATES INSURANCE CO. POLICY PERIOD: 06/01/2001 - 06/01/2002 AGENT: CONOVER INSURANCE, INC. CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 Chesterley Park Site improvements 00500-3 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE {YWODTYY) DATE PRODUCE AGENT ADDRESS CONTRACTOR ADDRESS THIS GEM -IF -MATE IS ISSUED AS A MATTER QF INFORMATION ONLY AHO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORO NG COVERAGE INSURERA:A — VII or better admitted carrier._--. wsuRERs:A - VII of better admitted carrier_ INSURER .CT.. ...- iNSURER INSURER E: 4UYLHRtaCa . ' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAIy4EO ABOVE FOR THE PODGY ANY REOUtREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEAMS. POLICIES: AGGREGATE LIMITS SHOWN t AY HAVE BEEN REDUCED 8Y PAID CLAIMS- PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH ... _ _ ,--.__ _ _-•. r _. _-. ... _ LIMITS x,000,000 EARTYPE OFBtSURANCE POLICY HUMMER POLICY EFFECTIVE - POLICY EXPIRATION DATE deArD YYYJ DATE (MMEITHYYI. 01/01/99 01/01/0Q If�ACHQCCURPENCE !FIRE ` LTR . A _GENERALUASEirr S i 1 COMhFERCIALGENERAL LUABILRY ABC 123 ...�.�. DAMAGE tMY.one Are' 4S - ......50,000 MED EXP (Any one Wrsefit S_ 5.1, 900 A AOV MiIFiRY - s1, Qo0, 00O_� MADE ' OCCUR I 1 J CLAIMS 1 Per Job AggregatePEt'ISONAL {[X f, 0EN1 AGGAEs3ATE LIMIT"APPUES PER: i ; PGLIGY 1_._1 PQCT RO :• Lac I. AGGREGATE 1 S2, 000, 000 PRODUCTS • COMP/OP AGO, 51 ,.000, 000 ..-. .. _. _..._�_.. • AUTOMOBILE LIABILITY X 1 ANY AUTO I.ALLOWNED AUTOS , ' SCHEDULED AUTOS I_ MIRED AUTOS �111 _ NON -OWNED AU iOSli ( DEF 456 01/01/99 I. 01101/{10 I . I i i ,. K V� : COMBINED SINGLE » 1,000,000 ,000,000 (Ea acwbd1 - ._ __ .__- BOOIL'i INJURY (Pe, Immo.) 1 s .-.—... . -._ - --- BODILY INJURY S PPer aGGK}6dl) - PROPERTY nkMAGE ; S P er accba --G ._.r_. _. 1----1r.— GARAGE LIABILITY O f I ANY AUTO t--•• , i AUTO ONLY'. EA ACCIDENT $ _ EA ACC $ OTHER THAN ..� -- ._ _ -- AUTO ONLY AGC . S - s EXCESS UABIUTY .! j • OCCUR Li CLAIMS MADE i I OFDUCTEILE I IRETENTION 3 {jf 01/91/99 01/01/00 - Yjr( EACH OCCURRENCE _' ,_. AGGREGATE_ iS — s ... -- S J� i. WC STATU- ' iOTSi- TOY> MIT$ €R A I WORIEETIS COMPENSATION AND ABC 123 EMPLOYERS' LIABILITYEI_ t 1 _) EA9-1 ACCIDENT 1 S 1,000, 000 _ EL. OtSASE: EA MPLoYE6. S 1, 999, 000 EA_ DISEASE - POLICY LIMIT S 7 OTHER �qt' 0 E\ i1 i 60 DESCRIPTION OF 0PERA1t0 SJLOCATIONSJYEHWCLES7EXCLUSIONs\ RSEMENSISPECtA1 City- of Yakima, its Agents, Employees, and elected officials as additional insureds for project PROVISIONS or appointed # v fl GER 1FLCATe ntn_orI'I City Of Yakima 129 N. 2nd Street Yakima, WA. 98901durst 1 ADDITIONAL INSIun@Et. IR*URCN LL$ ECA: SHOULD ANY of THE ABOVE DESCNIBE0 POLICrIES BE CAHCEU.E0 BE* 0f4ETHE EXPNTATION DATE THEREOF, THE ISSUING 1NSUREft YfILTF� MAIL 20 DAYS WRITTEN NOTICE To THE CERTIFICATE HOLDER NAMED TO THE LE��f��� ltintiXJAMI_Ip AUTHORED REPRESENTATIVE Signed by Agent, a AnnRn C_f 2PCIRATlON 1988 ACORD 2$-S (1187) CG 20 10 11 85 Chesterley Park Site Improvements 00500-4 COMMERCIAL LIABILITY CGL—ENDORSEMENTS 1ST REPRIN JUNE 199 POLICY NUMBER: ABC 123 COMMERCIAL GENERAL LIABILIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED -OWNERS, LESSEES OR „1 CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: { COMMERCIAL GENERAL LIABILITY COVERAGE PART. ('� SCHEDULE .E 4'•# Name of Person or Organization: CITY OF YAKIMA, ITS AGENTS, EMPLOYEES, AND ELECTED OR APPOINTED OFFICIALS ilf no entry appears above, information required to complete this endorsement will be shown in the Declan tions as applicable to this endorsement.) WHO IS AN INSURED {Section III is amended to include as an insured the person or organization show in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for yot 1\05) Agent Signature Date it1-40" CG 20101185 CG 2010 ti 83 Copyright, Insurance Services Office, Inc., 1984 VI.H.208 Chesterley Park Site Improvements 00800-11 Add the following to Paragraph 9.8.1: 3 "No portion of the project will be considered substantially complete until the local building and fire authorities shall have issued a Certificate of Occupancy covering that portion of the Work. All of the projects parts and systems shall be accessible, operable, and usable by the Owner, including site work. 6 The project shall be cleaned. Only incidental corrective work under punch lists and final cleaning may remain for final completion. The Work may not be considered substantially complete if the corrective work or punch list work, in the Architects reasonable judgment, cannot be completed within thirty (30) 9 calendar days under conditions of Owner occupancy and without material interference with Owner occupancy" 12 Supplement Paragraph 9.10.2 by adding the following: "Retainage shall not be paid until the Contractor has obtained certification or approvals required by law, 15 including the approval of the Department of Labor & Industries of "Affidavit of Wages Paid" and the certification of the Washington Department of Revenue regarding taxes pursuant to RCW 60.28 051 The disposition of retainage shall be fully subject to all rights and requirements stated in RCW 60.28. 18 "Final completion," "acceptance," and "completion of all contract work" shall mean passage of a resolution of acceptance by the Yakima City Council Such acceptance shall be due promptly upon the issuance of the Architects final Certificate for Payment and Owner's receipt of Contractor's submissions 21 required by this Section 9 10." ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY 24 10.2.4 Delete in its entirety and replace with the following: 27 "Use of explosives are not permitted in this project." Add new subparagraphs: 30 "10.2.8 Contractor is solely and completely responsible for conditions of job site in connection with work of the Contract, including safety of all persons and property, preparatory to and during performance of 33 the Work. This requirement applies continuously and is not limited to normal working hours. 10.2.9 Contract documents, and all joint and subsequent phases of construction are governed, at all 36 times by applicable provisions, amendments, etc., of governmental laws, regulations and ordinances 10.2.10 Duty of Architect or Owner's representative to conduct construction review of Contractor's 39 performance is not intended to include review of adequacy of Contractor's safety measures in, on, or near the construction site." 42 ARTICLE 11: INSURANCE AND BONDS 45 48 11.1 Contractor's Liability Insurance, expand Paragraph 11.1.1 to include the following - "The Contractor shall obtain liability insurance covering all work of his own and that of his subcontractors. The Contractor shall not commence work until he has obtained all insurance required, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance 51 required of the subcontractor has been so obtained The Contractor shall carry the following insurance for the duration of the Contract: 54 Compensation Insurance: The Contractor shall carry Workers' Compensation Insurance for all 1066.03 Supplementary Conditions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site Improvements 00800-12 his employees employed at the site of the project. The Contractor shall require the subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's employees. For any employees not subject to the State Act, the Contractor shall provide and shall cause each subcontractor to provide compensation insurance with a private company in an amount equivalent to that provided by the Workers' Compensation Statute, but no Tess than a $1,000,000 limit of liability, for the protection of his employees not otherwise protected. The Contractor shall comply with all the requirements and conditions of the State of Washington Workers' Compensation Law, also with the rules, regulations and decisions made during the duration of this contract. The Contractor shall save the Owner and agents of the Owner harmless from any Toss, damage or expense which they may suffer by failure of the Contractor to comply with the above. Comprehensive General Liability and Automobile Liability Insurance- The Contractor shall take out and maintain during the life of this contract and longer where indicated, the following coverages: The City of Yakima and Wardell Architects, P.S. shall be named as additional insureds for liability arising out of work under this contract as a result of negligence, real or alleged, on the part of the Contractor, his subcontractors and their subcontractors. The policy shall permit "cross liability", the situation of insured against insured. Coverage and minimum limits of liability shall be as follows. Comprehensive General Liability (including premises -operations; independent contractors' protective; products and completed operations; broad form property damage): Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations Property Damage. $1,000,000 Each Occurrence $1,000,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of two years after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned period Property Damage Liability Insurance shall include coverage for the following hazards: Explosion, Collapse, Underground. Contractual Liability (Hold Harmless Coverage) for Bodily Injury. $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate Personal Injury, with Employment Exclusion deleted $1,000,000 Aggregate 1066,03 Supplementary Conditions Chesterley Park Site Improvements 00800-13 Comprehensive Automobile Liability (owned, non -owned, hired): Bodily Injury: 3 $1,000,000 Each Person $1,000,000 Each Accident Property Damage: 6 $1,000,000 Each Occurrence Course of Construction Insurance Shall be as Follows: 9 The Contractor shall carry the amount of the contract on an ALS 72 or similar form 12 Maximum $5,000.00 deductible, the Contractor shall be responsible for the amounts under the deductible 15 The City of Yakima, all subcontractors and the City of Yakima Architect / Engineering Consultants shall be named as additional insured." 18 Delete Paragraph 11.4.1 in its entirety and substitute the following: "Contractor shall provide to the Owner separate performance and payment bonds (a Washington Public 21 Works Bond) fully satisfying all requirements of RCW Ch. 39 08 Such bonds shall be in an amount equal to one hundred percent (100%) of the Contract sum plus Washington State sales taxes " 24 ARTICLE 12: UNCOVERING AND CORRECTION OF WORK 12.2.1.1 Correction of Work: add the following: 27 "The guarantee and warranty period for heating, piping, electrical, ventilating, refrigeration, plumbing, temperature control, elevators, or other mechanical equipment shall be in effect from the date of 30 Substantial Completion of the Work, unless the whole or partial system or a separate piece of equipment or component is put into use for the benefit of a party other than the installing subcontractor with the prior authorization of the Owner or the Architect. When written authorization has been given, 33 the guarantee and warranty period will commence when that item is placed in operation. At the time of Substantial Completion, the Contractor shall, at no cost to the Owner, place that item in first class operating condition, as if it had not been used." 36 12.2.2.1 Add the following; 39 "The correction work provided in Article 12, shall be in addition to the warranties provided in the Agreement and particularly those provided in paragraph 3 5." 42 ARTICLE 13: MISCELLANEOUS PROVISIONS 13.1.1 add the following: 45 "Contractors shall comply with Chapter 18.27 RCW relating to Contractor registration and Chapter 38.08 RCW relating to Contractor's bond." 48 Add the following paragraphs: 51 "13.8 PREVAILING WAGE RATES: 13 8.1 The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the 54 performance of any part of this contract shall be in accordance with provisions of Chapter 39.12 RCW, 1066.03 Supplementary Conditions 3 6 9 12 15 18 21 24 27 30 33 Chesterley Park Site Improvements 00700-1 SECTION 00700 - GENERAL CONDITIONS PART 1 - GENERAL REFERENCE TO GENERAL CONDITIONS DOCUMENT' "General Conditions of the Contract for Construction", AIA Document A201, 1997 Edition as published by the American Institute of Architects, 1735 New York Avenue, Washington, DC 20006, is hereby made a part of these Contract Documents, the same as if reproduced herein in full, except as modified by the Supplementary General Conditions (Section 00800). The General Conditions define basic and detailed relationships and responsibilities of parties included in Work of the Contract and requirements for provision of the Work. The General Conditions are the basis upon which many requirements of this Project Manual are related, and from which Project Manual stipulations are expanded. Bidders, contractors, subcontractors and others affected, influenced or involved in provision of the work of the Contract (or the proposed provision thereof) are advised to obtain and be familiar with the provisions of the General Conditions INSPECTION AND AVAILABILITY OF AIA DOCUMENT A201. The General Conditions are available for inspection at the office of the Architect. END OF SECTION 00700 1066.03 General Conditions Chesterley Park Site Improvements 00800-1 SECTION 00800 - SUPPLEMENTARY CONDITIONS 3 The following Supplementary Conditions amend, modify and/or delete provisions of the "General 6 Conditions of the Contract for Construction," AIA Document A201, Fifteenth Edition, 1997. Where a portion of the General Conditions is amended, modified or deleted by these Supplementary Conditions, the unaltered portions of the General Conditions shall remain in effect. 9 ARTICLE 1: GENERAL PROVISIONS 12 1.1.5 Add the following: "Where the word "similar" or "typical" occurs on the drawings, it shall be used in this general sense and 15 not as meaning identical or exact, and all details shall be worked out in relation to their location and their connection to other parts of the work. Where there is a question of intent, notify the Architect regarding interpretation. 18 Where on any Drawings a portion of the work is drawn out and the remainder is indicated in outline, the drawn out parts shall apply also to other like portions of the work. Where ornament or other detail is 21 indicated by starting only, such details shall also apply to other similar parts of the work, to properly complete the work in full, unless specifically indicated otherwise." 24 Add new paragraph: "1.1.8 MANUFACTURERS SPECIFICATIONS 27 Manufacturer's Specifications, recommendations or instructions for installing materials, equipment or appurtenances furnished as a part of this contract shall govern unless in conflict with the Specifications 30 for the project or unless local conditions prevent installation in the prescribed manner, in which case, the approval of the Architect shall be obtained before proceeding with this part of the work. If there is a conflict with the Manufacturer's instruction, dimensions, means of installation, attachment 33 requirements, framing requirements, weatherproofing requirements or other recommendations and the Drawings or Specifications, the most stringent (considered to be the most costly) is intended and will be enforced." 36 1.2.1 Add the following: 39 "Mention in the Specifications or indication on the Drawings of articles, materials, equipment, operations or methods requires that the Contractor provide each item mentioned or indicated, of quality or subject to qualifications, noted; perform according to conditions stated, each operation prescribed; and provide 42 therefore all labor, equipment and incidentals." 1.2.2 Add the following : 45 "The Contractor is solely responsible for coordination of bidding and scope of work of subcontractors. The Architect will not act as arbiter as to which trade or subcontractor is to furnish and install various 48 items indicated or required to perform the work." Add new paragraph: 51 "1.2.4 In the case of an inconsistency between Drawings and Specifications or within either Document, not clarified by addendum, the better quality or greater quantity of Work shall be provided in accordance 54 with the Architect's interpretation, without change in the Contract Sum. 1066.03 Supplementary Conditions Chesterley Park Site improvements 00800-2 Supplement Paragraph 1.4.1 as follows 3 "The Specifications are of the abbreviated or "streamlined" type and include incomplete sentences Omission of words or phrases such as "the Contractor shall" , "in conformity therewith", "shall be", "as noted on the Drawings", "according to the plans", "an", "the" and "a!r are intentional. Omitted words 6 or phrases shall be supplied by inference in the same manner as they are when a "note" occurs on the Drawings 9 Whenever an article, device or piece of equipment is referred to in singular numher, such reference applies to all such articles shown on drawings or required to complete the installation." 12 ARTICLE 2: OWNER Delete in its entirety and replace with the following. 15 "2.2.2 The Owner will pay the Washington State Department of Labor & Industries electrical plan review fee and the Yakima County Health District plan review fee, if required. The Contractor shall secure and 18 pay for all permits and plan review fees for building, mechanical, plumbing and electrical required for construction The Contractor shall pay all fees and charges for connection to outside services and use of public or private property for storage of materials, etc." 21 2.2.3 Add the following: 24 Add to the end of the first sentence: ". to the extent that such information is readily available to the Owner" 27 2.2.5 Amend to Include: 30 "The Contractor will be furnished, free of charge, ten (10) copies of Drawings and Construction Specifications. Additional sets will be furnished at the cost of reproduction, postage and handling." 33 2.4.1 Add to the second line after the word Documents. . " ..the Owner and Contractor shall meet and establish a written time frame for the completion of the 36 work, which shall be acknowledged in writing by both the Owner and the Contractor. If the Contractor fails within . " 39 ARTICLE 3: CONTRACTOR 3.2.1 Add the following at the end of the paragraph. 42 "If document conflicts are not raised in a timely manner, (so that Work can proceed without delay), the Contract will be deemed to choose the more costly method unless otherwise provided for, which shall 45 be at the Contractor's expense." Add new subparagraph. 48 "3.2.4 By entering into an Agreement with Owner, Contractor acknowledges that Contractor has examined all documents pertaining to the work, examined the character of the site and existing 51 structures and systems, and is satisfied as to nature of the Work, and all other matters which can in any way affect the Work. Further, by entering into Agreement with Owner, Contractor acknowledges satisfaction as to the feasibility and correctness of Contract Documents for construction and 54 performance of the Work." 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-3 Supplement 3.3.1. by adding the following - 3 "Where construction means, methods, techniques, sequences and procedures are specified, either directly, by reference to industry standards, or otherwise, the Contractor shall review specified procedures and, if they will not produce the intended results, cannot be warranted, or otherwise are 6 objectionable to the Contractor, the Contractor shall propose alternative procedures. Where no proposal is received in a timely manner, the Contractor, by signing the Agreement, has agreed that the specified procedures are acceptable, warrantable and will be used to produce the intended results. The 9 Contractor is responsible for all coordination of all changes, created as a result of shop drawings, with the various subcontractors and suppliers under contract for work of the Contractor." 12 Add new subparagraph: "3.4 4 Contractors shall comply with the laws of the State of Washington relating to prevailing wages 15 on Public Works projects " Supplement Paragraph 3.5.1 as follows 18 "All work under this Contract shall be performed in a skillful and workmanlike manner. The warranties set forth in this paragraph and elsewhere in the Contract Documents and claims relating to breach 21 thereof shall survive substantial completion, final acceptance and final payment." "Foreign pipe will not be accepted by the Owner for use on the project." 24 3.6.1 Add the following: 27 "Unemployment and compensation taxes, and Washington State and Local Sales Tax shall be collected from the Owner and paid to the State by the Contractor as set forth in Article 9 of these Conditions " 30 3.7.1 Add the following: "Refer to Paragraph 2.2 3 as modified by these Supplementary Conditions." 33 3.9.1 Amend to include: 36 "The Contractor shall employ a competent, full time superintendent during the performance of the work. Any change in the superintendent personnel shall be reviewed by the Architect and Owner The superintendent shall have full authority to represent the Contractor and communications given to the 39 superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing Other communications shall be similarly confirmed on written request in each case The superintendent shall have a thorough understanding of the following 42 1. Administrative procedures of the project's project requirements as set forth in the construction specifications. 45 2 Project scheduling, sequencing of self performed and subcontractor work. 3. Layout, and overseeing the installation of each trade involved in the work. 4 Be knowledgeable of the installation procedures for each trade involved in the work. 48 5 Applicable Codes as outlined in Section 01080 " Add Paragraph 3.18.3 EXTENT OF INDEMNIFICATION as follows: 51 "It is the intent of the indemnification paragraphs herein above to require the Contractor to indemnify the named parties to the fullest extent permitted by RCW 4.24.115 as it now exists or is hereafter 54 amended. It is specifically intended that the Contractor's indemnity shall cover allegations of concurrent 1066.03 Supplementary Conditions Chesteriey Park Site Improvements 00800-4 negligence of indemnitor and indemnitee, their agents or employees; and that the duty to so indemnify shall cover all costs of defense of such claims. The Contractor's indemnity obligations shall not cover 3 allegations or adjudicated determinations that the liability arises from the sole negligence of an indemnitee. In daims against any indemnitee by an employee of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the 6 indemnification obligation hereunder shall not be limited by the Washington State worker's compensation law, RCW Title 51. The Contractor shall provide insurance covering such indemnity obligations subject to the terms and conditions provided in Article 11 including the naming of Owner and Architect as n J additional insureds upon such policy. Only to the extent 17Gl.CJJdIy to p1oVlUe the Illderil(1111Cat1On of others provided herein above, and only to the extent an indemnification is not covered by insurance, the signing of the Contract by the Contractor shall operate as a waiver of the Contractor's immunity from 12 suit under RCW Title 51. This waiver does not apply to a claim made by an employee of the Contractor against the Contractor itself " 15 ARTICLE 4: ADMINISTRATION THE CONTRACT ! I�fV 11\A 1IVI\ OF CONTRACT 1 4.2.2. Amend to include. 18 "On site observations by the Architect are not intended in any way a review of the adequacy of the Contractor's safety measures. The Contractor is solely responsible for safe conditions in, on, or near 21 the construction site." 4,2.4 Amend the fourth sentence to read. "... shall be through the Architect." 27 Supplement Paragraph 4.2.4 as follows. 24 "Communications between the Contractor or subcontractor and Architect's consultants or Owner's staff 30 shall be limited to matters of information, security arrangements, or incidental access; but in no case shall such communications relate to or authorize changes to the Work or give rise to claims for additional work. Should any party to the Contract believe unauthorized communications are being made 33 by any person, such shall be reported in writing to the Architect and to the Contractor's Superintendent." 36 4.2.5 Amend the first sentence to read: "The Architect will review and recommend the amounts due to the Contractor.." 4.2.13 Add the following. 39 42 "The terra 'aesthetic effect' as used herein refers to color, texture, profile and juxtaposition of masses. The Architect shall be the sole interpreter of the design intent with respect to such matters, but the Architect,s authority with respect thereto shall not contravene any other rights of either the Owner or 45 the Contractor ascribed to them by other provisions of the Contract." Amend Paragraph 4.6 ARBITRATION as follows: The title "ARBITRATION" is deleted and substituted 48 in its place is "DISPUTE RESOLUTION" as the new title of the paragraph. Wherever in the Contract Documents reference is made to "arbitration," the term "dispute resolution" shall be deemed to be substituted in its place. 51 54 Delete Paragraphs 4.6.1, 4.6.2, 4.6.3 CONTROVERSIES AND CLAIMS SUBJECT TO ARBITRATION in their entirety and substitute the following: 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-5 "Any controversy or claim arising out of or related to the Contract, or the breach thereof, except as provided in Subparagraph 4.2.13 with respect to the Architects decisions on matters relating to aesthetic 3 effect and except for claims which have been waived as provided elsewhere in the Contract Documents, shall be decided by court of law under the regular rules of civil procedure unless the parties hereafter mutually agree in writing to binding arbitration. This provision for litigation in place of arbitration shall 6 be called in these Contract Documents "dispute resolution " When elsewhere in the Contract Documents "arbitration" is referred to, the term "dispute resolution" shall be deemed substituted in place thereof. When the term "demand for arbitration" or any phrase with similar meaning shall be used in 9 the Contract Documents, there shall be deemed substituted in the place thereof the term "commencement of litigation." Claims upon which the Architect has given notice and rendered a decision as provided in Subparagraph 4.4 6 shall be subject to litigation if litigation is commenced within 12 thirty (30) days after Contractor's receipt of notice, otherwise, such right to litigation of the dispute is waived. Litigation may be commenced when forty-five (45) calendar days have passed after a claim has been referred to the Architect as provided in Paragraph 4.4 and no decision has been rendered." 15 ARTICLE 5: SUBCONTRACTORS 18 Add the following subparagraphs: "5.1.3 Architect will not deal directly with any subcontractor, sub -subcontractor or materials supplier 21 unless agreed to with Contractor. Contact will be made only through the Contractor Requests for information or clarification shall be routed through the Contractor. 24 5.1.3.1 In certain instances deemed appropriate by the Architect, for purposes of expediency, the Architect may communicate directly with subcontractors or material suppliers concerning the work. No such communications shall become binding until properly 27 directed through the General Contractor." "5.3.2 Contractor is fully responsible for acts and omissions of his subcontractors, and persons either 30 directly or indirectly employed by them, or under their control, as he is for his own employees.": "5 3 3 Contractor is required to pay and discharge any liens or claims against the project. The Owner 33 will retain the right to withhold payment or make payment against liens until liens are satisfied, either during th course of the Work or prior to final completion. The Contractor is required to certify that, to the best of his knowledge, all previous billings from his subcontractors and others have been paid. 36 "5 3.4 Nothing in the Contract Documents shall be construed to create any contractual relationship between any subcontractor and Owner or Architect." 39 ARTICLE 7: CHANGES IN THE WORK 42 Supplement Paragraph 7.1.1 as follows: "The Contractor shall be responsible for notifying the bonding and insurance company(s) of changes 45 in the Work." Add the following subparagraphs: 48 "7.1.4 Contract sum adjustment proposals shall be submitted by the Contractor and by subcontractors through the Contractor on breakdown sheets adopted by the Owner for Change Proposal submittals and 51 the proposal shall be prepared in the following manner: 54 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-6 7.1.4.1 Direct Labor Costs: 3 This is defined as the estimated labor costs determined by either the estimated number of craft hours and the hourly costs necessary to perform the change in Work; or the unit labor costs applied to the material quantities, providing said unit labor costs; whichever is applicable, according to industry y 6 practice. The hourly costs shall be based on the following: 9 (1) Basic Wages 12 Current actual hourly wage rates, including vacation pay, for all labor, crew foreman, and general foreman performing and/or directly supervising the Work on this site. 15 (7) Fringe Benefits Fringe benefits established by the State of Washington, Department of Labor & Industries or 18 contributed to labor trust funds as itemized fringe benefits, whichever are applicable. (3) 21 Workmen's Insurance Direct contributions to the State of Washington as Industrial Insurance, Medical Aid; and Supplemental Pension, by the class and rates established by the State of inrashing.ton .. , 24 Department of Labor & industries. (4)_ Federal Insurance 27 30 (5) 33 36 39 Direct contributions required by the Federal Insurance Compensation Act (F.I C.A.); Federal Unemployment Tax Act (F.U.T.A.), and the State Unemployment Compensation Act (S.U.C.). Costs incurred by the Washington Industrial Safety and Health Act (W.I.S.H.A.); established as 2 percent of 1, 2, 3 and 4, above. (6) Travel allowance and/or subsistence if applicable, not to exceed those established by Regional Labor Union Agreements shall be itemized and identified separately. (7) No administrative time shall be allowed as a line item of the estimated cost of a change order. Administrative costs are considered to be part of the overhead and profit of the Contractor. 7.1.4.2 Direct Material Costs: 42 This is defined as an itemization of the estimated quantity of materials necessary to perform the change in the Work and the cost therefore. These costs shall be by the unit cost applied to the quantity and extended The unit costs shall be based on the following. wnv vv i��y 45 (1) The net costs after all offered or available discounts or rebates. 48 (2) Freight costs, express charges; or special delivery costs when applicable. No lump sum costs will be allowed except when approved in advance by the Architect and Owner. 51 7.1.4.3 Construction Equipment Usage Costs 54 For rental cost for materials for machinery and equipment rented from others, the actual rental costs 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-7 paid plus compensation for furnishing all fuel, oil, lubrication, repairs, maintenance and insurance to the extent that such amounts are not included in the outside rental rate. 3 For Contractor's own equipment, the rates established as computed for the equipment utilizing the most recent edition of the Associated General Contractor's Ownership Manual or the contractor's actual costs 6 of ownership as determined by audit or agreement, whichever is less. 7.1.4.4. Prime Subcontractors Proposals 9 Subcontractor's proposals are to be itemized as in 7.1.4.1, 7.1.4.2, 7.1.4.3 above. 12 7.1.4.5. Overhead and profit by the Contractor actually performing the Work A total amount, not to exceed 15 percent of items 7.1.4.1, 7.1.4.2, and 7.1.4.3 above will be allowed. 15 This is to compensate such contractor for all personnel not defined in 7.1.4 1 (1) above, temporary construction facilities; home office costs; office engineering and estimating costs; and profit, plus any other cost incidental to the performance of the change in work. 18 7.1.4.6 Overhead and Profit by the Contractor or Subcontractors when not Actually Performing the Work 21 Contractor (1) A total amount not to exceed 10 percent of the total amount of the subcontractor's proposal as 24 defined in 7 1.4.4 above will be allowed for all overhead and profit to supervise and administer the subcontractors actually performing the change in work. 27 (2) No direct labor by the Contractor will be allowed added to a subcontractor's proposal Contractor's direct labor, if required, must be submitted as outlined in 7.1.5.2, Direct Labor Costs. 30 Subcontractor Administering, but not performing the Work: 33 In the case of a subcontractor providing pass-through administration of a change, i e., a change order in which work is performed by a subcontractor to a subcontractor, the administering subcontractor will be limited to a maximum of 5 percent overhead and profit on the amount of the change order work 36 performed by its sub -subcontractor. A maximum of 15 percent overhead and profit will be allowed for administration by the administering subcontractor and Contractor combined on work performed by sub -subcontractors. In no case shall the total amount of overhead and profit computed on a change, 39 including sub -subcontractors, subcontractors and contractor, exceed a total of 30 percent. 7.1.4.7 Cost of any Increase or Decrease in Premium by Insurance and Public Works Bond Caused 42 by the Change (1) General Contractor's Liability Insurance 45 To the above, the costs of the General Contractor's Liability Insurance may be added. 48 (2) Bond To the above, the cost of the Contractor's Bond may be added. 51 7.1.4.8 Deductive Changes 54 Items 7.1.4.1, 7.1.4.2, 7.1.4.3, 7.1.4.4, and 7.1 4.7 will be itemized for deleted changes in the Work. 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-8 7.1.4.9. Additive Changes and Deductive Changes Together 3 (1) If a change in the Work involves both additive and deductive changes, the appropriate overhead and profit amount allowed will be added to the net difference of items 7.1.4.1, 7.1.4.2, 7.1.4.3, and 7.1 4.4 6 (2) If other additive changed items are included in the same change proposal, the appropriate overhead and profit allowed is to be applied to these individual change items. 7.1.4 10 Sales tax will be added following the total of the change amount, including mark-ups." 12 7.3.6 In the 4th and 5th lines REPLACE the words "a reasonable allowance for overhead and profit" with the words "an allowance for overhead and profit in accordance with the schedule in Paragraph 7.1 4 above " 15 7.3.6.1 In the second line DELETE the words "or custom". 18 Amend 7.2.2 as follows: " .. those listed in subparagraphs 7.1.4 and 7.3.3." 21 7.2.3 Add the following new subparagraphs: 24 "7.2.3.1 if the costs for change(s) are disputed, the work shall continue with the provision that the adjustment to the Contract Sum will not exceed the larger amount under protest. 27 7.2.3.2 If the Contractor is ordered to proceed under protest, it is the Contractor's obligation to notify the Owner in writing, within 21 days, of the reasons for the proposed amount of the claim. Failure to do so waives the claim by the Contractor. 30 7.2.3 3 If the Contractor knows of or should have knowledge of a concealed or partially concealed condition as part of the site and Contract Documents review prior to the bid, the 33 Contract Sum shall not be increased 7.2.3.4 In no case will any claims for extras be allowed unless such work, labor, materials or 36 equipment have been ordered in writing by Owner through Architect. Claims for such extras must be approved by Architect before Owner makes payment. 39 7.2.3.5 If there exists a conflict among the Contract Documents, assume the most expensive work indicated is to be provided. Further, if work is shown on the drawings but not in the specifications, or work is specified but not shown on drawings, the work is to be provided with 42 specifications or clarification drawings to be issued as appropriate." SupplemerA Paragraph 7.3.6.3 aS follows - 45 "The cost of small tools shall be considered a part of the cost of overhead and not allowed as a separate line item " 48 ARTICLE 8: TIME 51 Supplement Paragraph 8.2.3 as follows: "After substantial completion the Contractor shall carry the work forward expeditiously with adequate 54 forces and shall achieve final completion, satisfying all requirements necessary for the Owner's 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-9 acceptance of the project, within thirty (30) calendar days after substantial completion." 3 Add to Paragraph 8.3 Delays and Extensions of Time: 8.3.1 Modify as follows: 6 Modify the sixth line by changing the word "shall" to "may" 9 Add new paragraphs: "8 3 1 1 If the Contractor is delayed in prosecution and completion of the work by any cause 12 beyond the Contractor's control, Contractor shall have no claim or right of action for damages from Owner for any such cause or delay, unless cause or delay is result of fraud or active interference by the Owner Extension of time commensurate with the actual delay for 15 completion of work may be awarded in writing by Owner provided; that written claim for extension of time is made by Contractor, through the Architect, to Owner, within 20 calendar days from the beginning of the alleged cause for delay. Owner reserves right to withhold 18 granting of any time extension until stipulated contract period is about to expire. 8.3.1.2 The Owner may waive its right to withhold granting of time extensions and may grant 21 extensions of time for any reason. 8.3.1 3 The Contractor shall not be entitled to recovery of damages or extra compensation of 24 any kind for time delays resulting, in any way, from Contractor's failure or inability to perform all portions and phases of the work, throughout the course of the project, in full compliance with Contract Documents requirements. 27 8.3.1 4 Any or each delay will be considered as a single event. No consideration will be given to the compounding of delays. 30 8.3 4 No extension of time for completion will be allowed for delays or suspensions caused by or contributed to by the fault or negligence of Contractor. 33 Work that deviates from the Contract Documents and the Architect requires to be corrected, are not grounds for time extensions. 36 8 4 LIQUIDATED DAMAGES 39 8.4 1 For each calendar day after the contracted date fixed for substantial completion of the project, as adjusted by change order, if applicable, that the work remains uncompleted, the Contractor agrees to pay and authorizes the Owner to deduct from any money due, or coming due to the Contractor the 42 sum of $200.00 as liquidated damages, not as a penalty; provided that nothing contained herein shall preclude Owner from recovering actual damages in a greater amount where the same are proven by a preponderance of the evidence. 45 .1 The time between the date established as Substantial Completion and the date fixed as Final Completion shall not exceed 30 calendar days .2 The right of the Owner of liquidated damages is not affected by partial completion, 48 occupancy, or beneficial occupancy. .3 Liquidated damages do not relieve the Contractor from liability for damages due to other breaches. The Contractor, by submitting its bid, assumes responsibility for 51 liquidated damages and believes them to be reasonable Disagreement with the amount or conditions of liquidated damages are waived unless articulated in writing at the time of the bid." 54 1066.03 Supplementary Conditions Chesterley Park Site Improvements ARTICLE 9: PAYMENTS AND COMPLETION 3 Add new subparagraph: 00800-10 "9 1.2 The contract sum, , and any agreed variations thereof shall include ail taxes imposed by law, 6 except only State and Local Sales Tax. For each progress payment, a proportionate amount of sales tax will be collected from the Owner and will be paid to the State by the Contractor in conformance with the law. The contractor shall furnish proof of payment of all taxes required by law." A 9.3.1 Add the following: 12 "The form of Application for Payment shall be AIA Document G702, Application and Certificate for Payment, supported by AIA Document G703 or Architect's Standard Form, Continuation Sheet; 15 notarized." 9.3.1 Delete the first sentence and replace with the following: 18 "Progress payments will be made to the Contractor on a monthly basis, providing that Contractor shall submit to the Architect properly executed Application and Certificate for Payment for work performed 21 the previous month, by the first working day of each month." Add new subparagraphs: 24 "9.3.1.3 Prior to the release of any funds (first Progress Payment), the Contractor shall submit a list of subcontractors, construction schedule, schedules of values and a Statement of intent to Pay Prevailing 27 Wages for himself and his subcontractors properly signed by the Department of Labor & Industries Refer to Section 01300 for additional requirements. 30 9 3 1 4 A sum not to exceed five percent (5%) of the monies earned by the Contractor on estimates during the progress of the improvement or work shall be reserved by the Owner Said sum is to be retained by the Owner as a trust fund for the protection and payment of any person or persons, 33 mechanic, subcontractor or material supplier who shall perform any labor upon such contract or the doing of said work, all in accordance with the requirements of Chapter 60.28 011 RCW In lieu of cash retainage, the Contractor may post a bond in accordance with Chapter 60.28 RCW. 36 9.3.1 5 No money will be retained on sales tax. 39 9 3.1.6 A sum equal to two percent (2%) of the monies designated for construction will be set aside as a separate line item on the pay request as "close out" to facilitate completion of work in a timely progress. See Section 01300 "Submittals" and Section 01700 "Project Close Out". No funds from this 42 amount will be released until all of the items indicated are completed." 9.6.1 Delete in its entirety and substitute the following 45 "9.6 1 For each properly executed application for payment package submitted by the Contractor, the Owner shall reimburse the Contractor the amount certified by the Architect by the last day of the month 48 following the month of the performance of the work. Prior to final payment of retained monies and/or unpaid balance of the Contract Sum, the Contractor 51 shall submit for himself and for each of his subcontractors the Affidavit of Wages Paid signed by the Department of Labor & Industries, together with such other submittals as required by the contract documents and as may be required by the Owner. 54 1066.03 Supplementary Conditions Chesteriey Park Site Improvements 00800-11 Add the following to Paragraph 9.8.1: 3 "No portion of the project will be considered substantially complete until the local building and fire authorities shall have issued a Certificate of Occupancy covering that portion of the Work. All of the project's parts and systems shall be accessible, operable, and usable by the Owner, including site work. 6 The project shall be cleaned. Only incidental corrective work under punch lists and final cleaning may remain for final completion The Work may not be considered substantially complete if the corrective work or punch list work, in the Architect's reasonable judgment, cannot be completed within thirty (30) 9 calendar days under conditions of Owner occupancy and without material interference with Owner occupancy." 12 Supplement Paragraph 9.10.2 by adding the following: "Retainage shall not be paid until the Contractor has obtained certification or approvals required by law, 15 including the approval of the Department of Labor & Industries of "Affidavit of Wages Paid" and the certification of the Washington Department of Revenue regarding taxes pursuant to RCW 60.28.051 The disposition of retainage shall be fully subject to all rights and requirements stated in RCW 60.28. 18 "Final completion," "acceptance," and "completion of all contract work" shall mean passage of a resolution of acceptance by the Yakima City Council. Such acceptance shall be due promptly upon the issuance of the Architects final Certificate for Payment and Owner's receipt of Contractor's submissions 21 required by this Section 9.10 " ARTICLE 10: PROTECTION OF PERSONS AND PROPERTY 24 10.2.4 Delete in its entirety and replace with the following: 27 "Use of explosives are not permitted in this project." Add new subparagraphs. 30 "10.2.8 Contractor is solely and completely responsible for conditions of job site in connection with work of the Contract, including safety of all persons and property, preparatory to and during performance of 33 the Work. This requirement applies continuously and is not limited to normal working hours. 10.2.9 Contract documents, and all joint and subsequent phases of construction are governed, at all 36 times by applicable provisions, amendments, etc., of governmental laws, regulations and ordinances. 10.2.10 Duty of Architect or Owner's representative to conduct construction review of Contractor's 39 performance is not intended to include review of adequacy of Contractor's safety measures in, on, or near the construction site " 42 ARTICLE 11: INSURANCE AND BONDS 11.1 Contractor's Liability Insurance, expand Paragraph 11.1.1 to include the following. 45 "The Contractor shall obtain liability insurance covering all work of his own and that of his subcontractors. 48 The Contractor shall not commence work until he has obtained all insurance required, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance 51 required of the subcontractor has been so obtained. The Contractor shall carry the following insurance for the duration of the Contract: 54 Compensation Insurance: The Contractor shall carry Workers' Compensation Insurance for all 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800.12 his employees employed at the site of the project. The Contractor shall require the subcontractors similarly to provide Workers' Compensation Insurance for all of the latter's 3 employees. For any employees not subject to the State Act, the Contractor shall provide and shall cause each subcontractor to provide compensation insurance with a private company in an amount equivalent to that provided by the Workers' Compensation Statute, but no less than 6 a $1,000,000 limit of liability, for the protection of his employees not otherwise protected The Contractor shall comply with all the requirements and conditions of the State of Washington 9 Workers' Compensation Law, also with the rules, reguiations and decisions made during the duration of this contract. The Contractor shall save the Owner and agents of the Owner harmless from any loss, damage or expense which they may suffer by failure of the Contractor 12 to comply with the above. Comprehensive General Liability and Automobile Liability insurance' The Contractor shall take 15 out and maintain during the life of this contract and longer where indicated, the following coverages: 18 21 24 27 30 33 36 39 The City of Yakima and Wardell Architects, P.S. shall be named as additional insureds for liability arising out of work under this contract as a result of negligence, real or alleged, on the part of the Contractor, his subcontractors and their subcontractors. The policy shall permit "cross liability", the situation of insured against insured. Coverage and minimum limits of liability shah be as follows* Comprehensive General Liability (including premises -operations; independent contractors' protective; products and completed operations; broad form property damage) - Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Aggregate, Products and Completed Operations Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate Products and Completed Operations Insurance shall be maintained for a minimum period of two years after final payment and Contractor shall continue to provide evidence of such coverage to Owner on an annual basis during the aforementioned period 42 Property Damage Liability Insurance shall include coverage for the following hazards. Explosion, Collapse, Underground 45 48 51 Contractual Liability (Hold Harmless Coverage) for Bodily Injury - $1,000,000 Each Occurrence Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate Personal Injury, with Employment Exclusion deleted. 54 $1,000,000 Aggregate 1066,03 Supplementary Conditions Chesterley Park Site Improvements 00800-13 Comprehensive Automobile Liability (owned, non -owned, hired) Bodily Injury: 3 $1,000,000 Each Person $1,000,000 Each Accident Property Damage. 6 $1,000,000 Each Occurrence Course of Construction Insurance Shall be as Follows: 9 The Contractor shall carry the amount of the contract on an ALS 72 or similar form. 12 Maximum $5,000.00 deductible; the Contractor shall be responsible for the amounts under the deductible. 15 The City of Yakima, all subcontractors and the City of Yakima Architect / Engineering Consultants shall be named as additional insured." 18 Delete Paragraph 11.4.1 in its entirety and substitute the following: "Contractor shall provide to the Owner separate performance and payment bonds (a Washington Public 21 Works Bond) fully satisfying all requirements of RCW Ch. 39.08 Such bonds shall be in an amount equal to one hundred percent (100%) of the Contract sum plus Washington State sales taxes." 24 ARTICLE 12: UNCOVERING AND CORRECTION OF WORK 12.2.1.1 Correction of Work: add the following: 27 "The guarantee and warranty period for heating, piping, electrical, ventilating, refrigeration, plumbing, temperature control, elevators, or other mechanical equipment shall be in effect from the date of 30 Substantial Completion of the Work, unless the whole or partial system or a separate piece of equipment or component is put into use for the benefit of a party other than the installing subcontractor with the prior authorization of the Owner or the Architect. When written authorization has been given, 33 the guarantee and warranty period will commence when that item is placed in operation. At the time of Substantial Completion, the Contractor shall, at no cost to the Owner, place that item in first class operating condition, as if it had not been used " 36 12.2.2.1 Add the following, 39 "The correction work provided in Article 12, shall be in addition to the warranties provided in the Agreement and particularly those provided in paragraph 3 5." 42 ARTICLE 13: MISCELLANEOUS PROVISIONS 13.1.1 add the following: 45 "Contractors shall comply with Chapter 18.27 RCW relating to Contractor registration and Chapter 38 08 RCW relating to Contractor's bond." 48 Add the following paragraphs: 51 "13 8 PREVAILING WAGE RATES 13.8.1 The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the 54 performance of any part of this contract shall be in accordance with provisions of Chapter 39.12 RCW, 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-14 as amended The rules and regulations of the Department of Labor & Industries and the schedule of prevailing wage rates for the locality where this contract will be performed as determined by the 3 Industrial Statistician of the Department of Labor & Industries, are made a part of this contract and are found bound herein in Section 01311. 6 13 8.2 Inasmuch as the Contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates before submitting bids based on these specifications 13 8.3 In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management 12 representatives, the matter shall be referred for arbitration to the Director of the Department & Industries of the State and his decision therein shall be final and conclusive and binding on all parties involved in the dispute as provided for by RCW 39 12.060 as amended 15 13.8 4 Prevailing wage data, clarifications, etc., will be furnished by the Industrial Statistician upon request. Address - Division of Industrial Relations, Department of Labor & Industries, General 18 Administration Building, Olympia, Washington 98504. Telephone (206) 753-6311." "13.9 WAGE RATE FORMS 21 13 9 1 Before payment is made by the local agency of any sums due under this contract, the local agency Must receive from the Contractor and each subcontractor actor a copy of "Statement of Intent to Pay 24 Prevailing Wages" (Form L&I Number F700-029-000) approved by the Washington State Department of Labor & Industries 27 13.9.2 Upon completion of this contract, the local agency must receive from the Contractor and each subcontractor a copy of "Affidavit of Wages Paid" (Form L&I Number F700-007-000) approved by the State Department of Labor & Industries. In addition, the local agency must receive from the prime 30 contractor a copy of "Request for Release" (Form L&l Number F263-083-000) approved by the State Department of Labor & Industries These affidavits will be required before any funds retained, according to the provisions of RCW 60.28.010, are released to the Contractor. Forms may be obtained from the 33 Department of Labor & Industries. A fee amount required by state law for each "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" is required to accompany each form submitted to the Department of Labor & Industries These fees shall be incidental to all the bid items of this 36 contract. 13.9.3 If using the occupation code for wage affidavits and payrolls, and if the project involves more 39 than one jurisdictional area, the Contractor shall reference the area just after the occupation code number." 42 "13 10 EIGHT HOUR LAW AND PAYMENTS FOR LABOR: 13.10.1 In accordance with Chapter 49.28 RCW, the Contractor agrees that no laborer, workman or 45 mechanic in the employ of the Contractor, subcontractor or other person doing or contracting to do the whole or any part of the work contemplated by this contract, shall be permitted or required to work more than eight hours in any one calendar day, provided that in cases of extraordinary emergency, such as 48 danger to life or property, the hours of work may be extended, but in such cases the rate of pay for time employed in excess of eight hours of each calendar day shall be not less than one and one half times the rate allowed for this same amount of time during eight hours of service Any work necessary to be 51 performed after regular working hours, or Sunday or legal holidays shall be performed without additional expense to the Owner." 54 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00800-15 "13.11 OFFSHORE ITEMS 3 13.11 1 In compliance with Chapter 39.25 RCW, you are required at the completion of the above referenced contract to furnish the Owner a certified statement setting forth the nature and source of Offshore Items in excess of Two Thousand Five hundred and no/100 Dollars ($2,500.00) which have 6 been utilized in the performance of the contract. 13.11.2 "Offshore Items" are those items procured from sources beyond the territorial boundaries of 9 the United States including Alaska and Hawaii. 13 11.3 This certified statement is mandatory and must be received before final payment on the 12 contract can be made." "13.12 NON DISCRIMINATION 15 13.12.1 All contractors shall comply with the Washington State Law against discrimination, RCW 49.60, and with all applicable portions of the Title VII and the Civil Rights Act of 1964. 18 13.12.2 Contractor shall agree to fully comply with the following nondiscrimination clause in compliance with the provisions of Chapter 49 60 of the Laws of the State of Washington and Federal Regulations 21 (Title 29CFR, Part 30). 13.12.2 1 The Contractor will not discriminate against any employee or applicant for 24 employment because of race, creed, color, national origin, sex or age. The Contractor will ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex or age. Such action shall include, but not 27 be limited to, the following: Employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. 30 13.12.2.2 The Contractor will, in all solicitations for employees or job orders for employees or job orders for employees placed with any employment agency, union or other firm or agency, 33 state that all qualified applicants will receive consideration for employment without regard to race, creed, color, national origin, sex or age. The words "equal opportunity employer" in advertisements shall constitute compliance with this section. 36 13.12.2.3 The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising 39 the said labor union or workers' representative of the Contractor's commitments under this section. 42 13 12.2.4 The Contractor will include the provisions of the foregoing three paragraphs in every subcontract or purchase order for the goods or services which are the subject matter of this contract. 45 13.12.3 In the event of noncompliance by the Contractor with any of the nondiscrimination provisions of the contract, the contracting agency shall have the right at its option, to cancel the contract in whole 48 or in part. If the contract is cancelled after part performance, the contracting agency shall be obligated to pay the fair market value or the contract price, whichever is lower, for goods or services which have been received and accepted 51 13.12 4 Contractors shall comply with applicable federal regulations and applicable provisions of Chapter 70.92 RCW relating to provisions for the aged and physically handicapped." 54 1066.03 Supplementary Conditions Chesterley Park Site Improvements ADD NEW ARTICLES TO GENERAL CONDITIONS: 3 "ARTICLE 15: STATUTORY PROVISIONS 00800-16 comply with all applicable codes, ordinances, regulations and statutory provisions relating to public 6 works, including, but not limited to, the following: 1 Chapter 70.92 RCW relating to provisions for the aging and physically handicapped. G chapter 39 12 RCW relating to prevailing ublic� �. ......t.�.., ..., . �. RCW r. � v�uu� �y so wages on puu�. works. 3 Chapter 39.16 RCW relating to resident employees on public works. 4. Chapter 49.28 RCW relating to hours of labor 12 5. Chapter 49.60 RCW relating to discrimination. 6. Chapter 39.08 RCW relating to Contractor's bond. 7. Chapter 18.27 RCW relating to registration of Contractors. 15 R Chapter 14:1.9S RCW relating to offshore items. 9. Chapter 60.28 RCW relating to retainage. 10 Chapter 49.17 RCW relating to WISHA and all rules and regulations promulgated. 18 11. WAC 51-11 Washington State Energy Code 12 WAC 51-13 r elating. to Ventilation and Indoor Air Quality. 13. WAC 51-16 Washington State Building Code 21 14. WAC 51-18 relating to Water Conservation Performance Standards. 15. WAC 51-20 relating to Accessibility. 16. WAC 296-62 relating to Occupational Health Standards." 24 "ARTICLE 16: EQUAL OPPORTUNITY 27 16,1 The Contractor shall maintain policies of employment as follows: 16.1.1 The Contractor and all subcontractors shall not discriminate against any employee or applicant 30 for employment because of race, religion, color, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, or national origin. Such action shall 33 include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places 36 available to employees and applicants for employment, notices setting forth the policies of non- discrimination. 39 16.1.2 The Contractor and all subcontractors shall, in all solicitations or advertisements for employees placed by them or on their behalf state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, or national origin." 42 45 END OF SECTION 00800 1066.03 Supplementary Conditions 3 6 9 12 15 18 21 24 27 30 33 Chesterley Park Site Improvements 00800-17 CERTIFICATE OF COMPLIANCE I / We certify that a Statement of Intent to Pay Prevailing Wages as required under RCW 39 12 040 has been submitted to the Department of Labor and Industries of the State of Washington for each Contractor or Subcontractor prior to commencing work on the contract for the Chesterley Park Site Improvements in Yakima, Washington, for the City of Yakima Department of Parks and Recreation. i[Juz 1V-9 Company Name Authorized Signatur 7-a -v1 Date END OF CERTIFICATE 1066.03 Supplementary Conditions Chesterley Park Site Improvements 00900-1 SECTION 00900 - SPECIAL CONDITIONS 3 PART 1 - GENERAL 6 PROVISIONS FOR WOMEN AND MINORITY BUSINESS PARTICIPATION AND AFFIRMATIVE 9 ACTION Prior to awarding a contract, the Owner requires that documentation be provided regarding efforts to 12 maximize the opportunity for Women and Minority Business Enterprises and Women and Minority Workforce Utilization in the performance of this project. 15 The goal for the project is 10% WMBE participation. The Contractor shall: 18 o Identify the MBEs/WBEs used to fulfill the goal. 21 o Identify the subcontractors with the percentage of work they will do. o Furnish an Affirmative Action profile, by ethnic category, on the subcontractors' 24 employees proposed to be utilized to do the subcontract work. o Furnish an Affirmative Action profile, by ethnic category, on the general contrar.tor's 27 employees proposed to be utilized to do the contract work. The above information will be requested by the Owner of the low bidder prior to award of the contract. 30 Other pertinent information is included in this Section. Forms are included in Section 00200, Bid Form. 33 36 1066.03 Special Conditions WOMEN AND MINORITY BUSINESS ENTERPRISE POLICY It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises the maximum opportunity to compete for and to perform contracts. In order to enhance opportunities for women and minority businesses to participate in certain contractor opportunities with the City of Yakima, and as a recipient of federal and state financial assistance, the City is committed to a women and minority business enterprise utilization program. The City is determined to maximize women and minority business opportunities through participation in the competitive bidding process through women and minority business enterprise affirmative action programs administratively established by the City Manager and monitored and implemented in accordance with state and federal rules and regulations. All women and minority business enterprise programs shall include specific goals for participation of women and minority businesses in City projects of at least ten percent (10%) of the total dollar value of City contract over $10,000 Goals shall be reviewed and updated annually by the City Manager for applicability and to ensure that the intent of this policy is accomplished. This statement of policy will be widely disseminated to all managers, supervisors, minorities and women employed by the City of Yakima as well as to contractors, vendors, suppliers, minorities and women who may seek the City's procurement and construction contracts related to the women and minority business enterprise programs. Contractors associations wilt be made aware of construction projects affected by this policy through all available avenues to assure that plans/specifications, bid forms, and invitations to bid are as widely distributed as possible. RESQUYrtON NO, 0 "" 4 8 1 6 A RESOLUTION adopting a "Women And Minority Business Enterprise Policy" for the City of Yakima. WHEREAS, the City of Yakima is the recipient of federal and state assistance which assistance pies with it the obli- gation of contracting with.. Women And Minority Business Enter- prises for the performance of public works, and WHEREAS, it is the intention of the City of Yakima that Women And Minority Business Enterprises shall have the MAXIMUM practicable opportunity to participate in the performance of such public works, and WHEREAS, the City of Yakima is determined to maximize Women And Minority Business Enterprise opportunities for parti- cipation in its competitive bidding process through the adoption of the "Women And Minority Business Enterprise Policy" statement attached hereto, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA; The City Council hereby adopts the "Women And Minority Business Enterprise Policy", a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this .ad day of ,�,�, r- , 1983, ATTEST: City Clerk AFFIRMATIVE ACTION PLAN The bidders, contractors and subcontractors will not be eligible for award of a contract under this Advertisement for Bids unless it certifies as prescribed, that it adopts the minimum goals and timetable of minority and women workforce utilization and specific affirmative action steps as set forth by the City of Yakima, This is directed at increasing minority and women workforce utilization by means of applying good faith efforts to carrying out such steps. However, no contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals within its timetables, but such contractor shall be given the opportunity to demonstrate that it has instituted all of the specific affirmative action steps specified by the City of Yakima, and has made every good faith effort to make these steps work toward the attainment of its goals, all to the purpose of expanding minority and women workforce utilization on all of its projects in the City of Yakima, Washington. In all cases, the compliance of a bidder, contractor or subcontractor will be determined in accordance with its respective obligations under the terms of these Bid Conditions All bidders and all contractors and subcontractors performing or to perform work on projects subject to these Bid Conditions hereby agree to inform their subcontractors of their respective obligations under the terms and requirements of these Bid Conditions, including the provisions relating to goals of minority and women employment and training. Specific Affirmative Action Steps Bidders, contractors and subcontractors subject to this contract must engage in affirmative action directed at increasing minority and women workforce utilization, which is at least as extensive and as specific as the following steps: a. The contractor shall notify community organizations that the contractor has employment opportunities available and shall maintain records of the organizations' response b. The contractor shall maintain a file of the names and addresses of each minority and women worker referred to him and what action was taken with respect to each such referred worker, and if the worker was not employed, the reasons therefore. If suchworker was not sent to the union hiring hall for referral or if such worker was not employed by the contractor, the contractor's file shall document this and the reasons therefore. c. The contractor shall promptly notify the City of Yakima Engineering Division an Contract Compliance Officer when the union or unions with whom the contractor has collective bargaining agreement has not referred to the contractor a minority or woman worker sent by the contractor or the contractor has other information that the union referral process has impeded him in his efforts to meet his goal. d. The contractor shall participate in training programs in the area, especially those funded by the Department of Labor. e. The contractor shall disseminate his EEO policy within his own organization by including it in any policy manual; by publicizing it in company newspapers, annual reports, etc., by conducting staff, employee and union representatives' meetings to explain and discuss the policy; by posting of the policy; and by specific review of the policy with minority employees. f. The contractor shall disseminate his EEO policy externally by informing and discussing it with all recruitment sources; by advertising in news media, specifically including minority paws mariia; and by notifying and discussing it with all subcontractors and suppliers. The contractor shall make specific efforts and constant personal (both written and oral) recruitment efforts directed at all minority or women organizations schools with minority students, minority recruitment organizations and minority training organizations, within the contractor's recruitment areas. h. The contractor shall make specific efforts to encourage present minority employees to recruit their friends and relatives. i The contractor shall validate all man specifications, selection requirements, tests, etc. �. The contractor shall make every effort to promote after school, summer and vacation employment to minority youth. ly The contractor shall develop on-the-job training opportunities and participate and assist in any association or employer group training programs relevant to the contractor's employee needs consistent with its obligations under this bid. 1. The contractor shall continually inventory and evaluate all minority and women personnel for promotion opportunities and encourage minority and women employees to seek such opportunities. m. The contractor shall make sure that seniority practices, job classifications, etc., do not have a discriminatory effect. n. The contractor shall make certain that all facilities and company activities are non- segregated_ o. The contractor shall continually monitor all personnel activities to ensure that his EEO policy is being carried out. p The contractor shall solicit bids for subcontracts from available minority and women subcontractors, engaged in the trades covered by these Bid Conditions, including circulation of minority and women contractor associations. q. Non cooperation: in the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreements, the contractor shall, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex or national origin, making full efforts to obtain qualified and/or quaiifiabie minorities and women. (The U S. Department of Labor has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority or women employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246 and 23 CFR Part 230 as amended, and the Standard Specifications, such contractor shall immediately notify the City of Yakima Engineering Department or the City of Yakima Compliance Officer Chesterley Park Site Improvements 00950-1 SECTION 00950 — REQUIRED CONTRACT PROVISIONS FOR FEDERAL -AID CONSTRUCTION 3 CONTRACTS 6 PART 1 - GENERAL 9 The provisions following this Section are required on work pertaining to construction of the Powerhouse Canal Pathway portion of the Project, which is funded through a Federal Grant. 12 15 18 END OF SECTION 00950 1066.03 Required Contract Provisions for Federal -Aid Construction Contracts REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General. FI. Nondiscrimination.. ... III. Nonsegregated Facilities.... IV Payment of Predetermined Minimum Wage V Statements and Payrolls.. VI. Record of Materials, Supplies, and Labor.......... VII. Subletting or Assigning the Contract .._.-.-..... . VIII. Safety Accident Prevention D(. False Statements Concerning Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act .. XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. XII. Certification Regarding Use of Contract Funds for Lobbymg. ATTACHMENTS A. Employment Preference for Appalachian Contracts (included in Appalacbran contracts only) I. GENERAL Page 1 3 3 6 6 7 7 7 . 8 8 9 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion m any lower tier subcontract or purchase order that may in tum be made. The Required Contract Provisions shall not be incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5-12. Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5 Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause mclude disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6 Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or temtory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et sec.} set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. hi the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO - a. The contractor will work with the State highway agency (SHA) and the Federal Government in carrying out EEO obhgations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3 Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO pohcy and contractual responsibilities to provide EEO m each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minonty group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed m areas readily accessible to employees, applicants for employment and potential employees. Form FHWA-1273 (Rev 3-94) Pane 1 e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4 Recruitment: When advertising for employees, the contractor will mclude in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publica- tions having a large circulation among minority groups in the area from which the project work force would normally be denved a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and pnvate employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential nunonty group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive luring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amend- ed.) 0. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5 Personnel Actions: Wages, workma conditions, and employee beta -lits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discnmmation may affect persons other than the complainant such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision Page 2 for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. e. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d The contractor will periodically review the ttaimug and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7 Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for rnmonty groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below a. The contractor will use best efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national ongin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to Furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, throe • h independent recruitment efforts, full the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall unmediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel_ c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of Form FHWA-1273 (Rev 3-94) the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (I) The number of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made m locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work This information is to be reported on Form FHWA-1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropnate, the bidder, Federal -aid construction contractor, subcontractor, matenal supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the rum does not permit its employees to perforin their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national ongin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications m its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1 General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)) the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Fonn FHWA-1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis - Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provi- sions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly penod (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage detertnmation for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV Form FHWA-1273 (Rev 3-94) Page 3 b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained m 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a elassifrcation in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails m the area in which the work is performed c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropnate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary d In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determi- nation within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day penod that additional time is necessary e. The wage rate (including fringe benefits where appropnate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor or subcontractors, as appropnate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide &Inge benefit or an hourly case equivalent thereof. Page 4 h If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or nroeram. 4 Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employment as an apprentice m such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be pawl net less than thea applicable wagerate listed in thedetermination r-� _rr..__...., ... wage for the classification of work actually performed in addition, any appren- tice perfonnmg work on the job site m excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman-Ievel hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified m the applicable wage determination. Apprentices shall be pard fringe benefits in accordance with the provisions of the apprenticeship program If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the appl.cab._ apprentice classification, frmges shall be paid in accordance with that determination (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the Form FHWA-1273 (Rev_ 3-94) payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site m excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the joumeyman-level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding joumeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth m Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved defrmtion, shall be paid not less than the applicable wage rate on the wage detemunation for the classification of work actually performed 5 Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section W The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same pnme contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7 Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one -and -one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a temtory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7 FormFHWA-1273 (Rev. 3-94) Page 5 9 Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided m the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt) I. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (inclining rates of contributions or costs anticipated for bona fide fnnge benefits or cash equivalent thereof the types described m Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual, wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any Iaborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in wasting to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week in which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, tramees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029-005-0014-1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: Pape 6 (I) that the payroll for the payroll period contains the information required to be maintained under grap,. r", upar^ h 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages eared, other than _permissible deductions as set forth in the Regulations, 29 CFR 3, (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e_ The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection, copying, or transcnption by authorized representatives of the SFIA, the FHWA, or the DOL, and shall permit such representatives to interview employees daring working hours on the job if the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension daily further payment, advance, or guarantee of hands. Furthermore, fail= to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5 12. VL RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall. a. Become familiar with the list of specific materials and supplies contained in Form FHWA.-47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific matenals and supplies fisted on Form FHWA-47, and in the units shown on Form FHWA-47 c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph Ib relative to materials and supplies, a fmal labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract puce, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the Form FHWA-1273 (Rev. 3-94) amount of work required to be performed by the contractor's own organiza- tion (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and m general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph I of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3 The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4 No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced m writing and that it contains all pertinent provisions and requirements of the prune contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3 Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.0 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction m conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepre- sentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal - aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representa- tion, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN MR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.0 1857 et seg., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et sem., as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3 That the rum shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. XL CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Form FHWA-1273 (Rev 3-94) Pale 7 1. instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective pnmary participant to famish a certification or an explanation shall disqualify such a person from participation m this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant teams that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," ""participant," "person," "pnmary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause._ have the meanings set out in the Definitions and CoverageV Executive sections of rules implementing Ex u.ive i,'rder 12549 You may contact the department or agency to which this proposal is submitted for assistance m obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonproeurement portion of the "Lists of Parfies Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary oourse of business dealings. j. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded frons participation m this transaction, m addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form Fl-IWA-1273 (Rev 3-94) Pape 8 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3 -year penod preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph lb of this certification; and d. Have not within a 3 -year period preceding this applica- tion/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective pnmary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any tune the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction,' "debarred," "suspended " "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations_ e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $ I00,000 - 49 CFR 20) 1. The prospective participant certifies, by signmg and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or coopera- tive agreement b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agteement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying " in accordance with its instructions. Form FHWA-1273 (Rev 3-94) Pape 9 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly Form FHWA-1273 (Rev 3-94) Paste 10 ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only ) 1. Dunng the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph lc shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employment Service mdicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent mformation required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3, The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opmion, are not qualified to perform the classification of work required 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fdl positions covered by the certificate, notwithstanding the provisions of subparagraph lc above. 5 The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Form FHWA-1273 (Rev 3-94) Pape 11 AMENDMENT REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS (Exclusive of Appalachian Contracts) Under Section IV, Paragraph 2b(4) is deleted. Under Section IV, Paragraph Y, +Q. -.A helpers" is deleted fromthe title. Under Section IV, Paragraph 4a(1) add: The provisions in this section allowing apprentices to work at less than the predetermined rate when they are registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration or with the Bureaiu of apprenticeship and Training, does not preclude a requirement for the Contractor to pay apprentices the full applicable predetermined rate in the event a State Apprenticeship Agency, recognized by the Bureau, has not approved, or withdraws approval, of an apprenticeship program. Under Section IV, Paragraph 4c is deleted. under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper" Under Section IV, Paragraph 7 is revised by deleting "helpers". Under Section V, Paragraph 2a is revised by deleting "helpers". Under Section V, Paragraph 2d(2) is revised by deleting "helper". Amendment to Form FHWA 1273 (Rev. June 27, 1994) Page 12 1 AMENDMENT 2 REQUIRED CONTRACT PROVISIONS 3 FEDERAL-A1D CONSTRUCTION CONTRACTS 4 (Exclusive of Appalachian Contracts) 5 6 Under Section IV, Paragraph 2b(4) is deleted. 7 8 Under Section IV, Paragraph 4, "and helpers" is deleted from the title. 9 10 Under Section IV, Paragraph 4a(1), add: 11 12 The provisions in this section allowing apprentices to work at Tess than the 13 predetermined rate when they are registered in a bona fide apprenticeship 14 program registered with the U.S. Department of Labor, Employment and Training 15 Administration, or with the Bureau of Apprenticeship and Training, does not 16 preclude a requirement for the Contractor to pay apprentices the full applicable 17 predetermined rate in the event a State Apprenticeship Agency, recognized by 18 the Bureau, has not approved, or withdraws approval, of an apprenticeship 19 program. 20 21 Under Section IV, Paragraph 4c is deleted. 22 23 Under Section IV, Paragraph 6 is revised by deleting "helpers" and "helper". 24 25 Under Section IV, Paragraph 7 is revised by deleting "helpers". 26 27 Under Section V, Paragraph 2a is revised by deleting "helpers". 28 29 Under Section V, Paragraph 2d(2) is revised by deleting "helper". 30 31 Amendment to Form FHWA 1273 1 32 Revised June 27, 1994 PART II CONTRACT REQUIREMENTS (Division 1) Chesterley Park Site Improvements 01010-1 SECTION 01010 - SUMMARY OF THE WORK 3 PART 1 - GENERAL 6 RELATED DOCUMENTS: 9 Drawings and general provisions of the Contract, including General Conditions and Supplementary Conditions and Division 1 Specifications sections, apply to work of this section. 12 SUMMARY OF THE WORK: The project name is Chesterley Park Site Improvements, as shown on Construction Documents dated June 1, 2001, prepared by Wardell Architects, P.S., 509 West Chestnut 15 Avenue, Yakima, WA 98902, (509) 453-3693, Fax (509) 453-1336 The site involved is located at North 40th Avenue and River Road, Yakima, Washington. 18 Briefly, the Work covered under this contract includes the following: Removal of asphalt and concrete curbs; rough and finish site grading; asphalt paving; concrete 21 curbs and pads. Also included is landscape work to include bidder -designed irrigation system, soil amendments, 24 hydroseeding of lawn and new soccer fields, and supply and planting of trees. CODES: 27 All work shall be in accordance with the Uniform Building Code, 1997 Edition, Washington State Regulations for Barrier -free Facilities (Accessibility Code) 1997 Edition, other State -Wide Amendments to 30 the UBC, 1997 Edition, and other statutes as may be required by the City of Yakima or other authorities having jurisdiction or as referenced in these specifications. 33 CONTRACTOR USE OF THE PREMISES: Use of Site. During the entire construction period, the Contractor shall have primary use within the 36 indicated site limits for construction operations. Confine operations at the site to the areas indicated to allow for use of contiguous areas. Portions of the site beyond the Contract limits are not to be disturbed. Keep existing streets, driveways, parking lots, walkways, entrances, and other areas not located within the 39 Contract limits clear and available for the use of the Owner and the General Public at all times. Do not use these areas for storage of materials or parking without the permission of the Owner. 42 OWNER OCCUPANCY: The developed portion of the park will have public events including soccer and other games for the 45 duration of the project. The Contractor shall at all times allow access by the Public and by the Owner to areas outside the contract limits; the Owner will work with the Contractor to insure access to contract areas is maintained. The Contractor shalt protect the area within the contract limits from unauthorized access to 48 insure the safety of the general public to the fullest extent possible. Access to the Skatepark shall be maintained at all times. To the greatest extent possible, the 51 existing parking lot within the project boundaries should be made available for parking by Park users. Note that the heaviest usage of the Park is on weekends and evenings. 54 1066.03 Summary of the Work Chesterley Park Site Improvements 01010-2 SCHEDULE FOR COMPLETION: 3 Work may begin at any time following receipt of the Notice to Proceed. The project shall be substantially complete within 90 calendar days of the date of the Notice to Proceed. A Notice to Proceed is anticipated to be issued within a week of contract award. 6 To insure that new hydroseeded areas shall have favorable germinating and growing conditions, the following shall apply: all hydroseeding shall be undertaken after September 1, 2001, but within a time 9 frame amicable tor the hydroseeding to germinate and become established prior to winter Definitions of Completion relating to Liquidated Damages: 12 Liquidated Damages as defined in the General Conditions and Section 00800, 8.4 will be in effect if substantial completion of the entire project runs beyond the completion date defined above and in the 15 Contract for Construction. 18 PART 2 - PRODUCTS (Not Applicable) 21 PART 3 - EXECUTION (Not Applicable) 24 END OF SECTION 01010 1066.03 Summary of the Work Chesterley Park Site Improvements 01030-1 SECTION 01030 - ALTERNATES 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. SUMMARY 15 This Section specifies administrative and procedural requirements for Alternates. 12 Definition: An Alternate is an amount proposed by Bidders and stated on the Bid Form for certain 18 construction activities defined in the Bidding Requirements that may be added to, deducted from, or different from Base Bid amount if the Owner decides to accept a corresponding change in either the amount of construction to be completed, or in the products, materials, equipment, systems or installation 21 methods described in Contract Documents. Coordination: Coordinate related Work and modify or adjust adjacent Work as necessary to ensure that 24 Work affected by each accepted Alternate is complete and fully integrated into the project. Schedule: A "Schedule of Alternates" is included at the end of this Section. Specification Sections 27 referenced in the Schedule contain requirements for materials and methods necessary to achieve the Work described under each Alternate 30 Include as part of each Alternate, miscellaneous devices, accessory objects and similar items incidental to or required for a complete installation whether or not mentioned as part of the Alternate. 33 PART 2 - PRODUCTS (Not Applicable). 36 PART 3 - EXECUTION 39 SCHEDULE OF ALTERNATES Alternate No. 1: 42 Delete all work relating to concrete pads located at the soccer fields, as described in Note 49, Sheet A-3. 45 Alternate No. 2: Delete providing any and all trees as specified in Section 02900 Landscaping. Delete all work associated 48 with excavation for trees, planting, staking, mulching and anti-disiccant application. 51 List quotation as an Addition to, or a Deduction from the Basic Bid. 54 END OF SECTION 01030 1066.03 Alternates Chesterley Park Site Improvements 01200-1 SECTION 01200 - PROJECT MEETINGS 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section specifies administrative and procedural requirements for project meetings including but not limited to 18 1. Pre -Construction Conference 2 Progress Meetings. 21 Construction schedules are specified in Section 01300 - Submittals 24 PRE -CONSTRUCTION CONFERENCE Architect shall schedule a pre -construction conference and organizational meeting at the Project site 27 or other convenient location no later than 15 days after execution of the Agreement and prior to commencement of construction activities. Purpose of the meeting will be to review responsibilities and personnel assignments. 30 Attendees. The Owner, Architect , Contractor and its superintendent, major subcontractors, manufacturers, suppliers and other concerned parties shall each be represented at the conference by 33 persons familiar with and authorized to conclude matters relating to the Work. Agenda. Discuss items of significance that could affect progress including such topics as tentative 36 construction schedule, critical work sequencing, designation of responsible personnel, procedures for processing field decisions and Change Orders, procedures for processing Applications for Payment, distribution of Contract Documents, submittal of Shop Drawings, Product Data and Samples, preparation 39 of record documents, use of the premises, work and storage areas, deliveries, safety procedures, first aid, security, housekeeping, and working hours. 42 PROGRESS MEETINGS Progress meetings shall be conducted once a week at the Project site, at a time mutually agreed upon. 45 Those attending shall be the Owner, Architect , Contractor's superintendent, and Contractor's project manager, subcontractors, manufacturers, suppliers and other concerned parties as appropriate to the stage of the project and issues to be discussed. 48 Agenda shall include items of significance that could affect progress Include topics for discussion as appropriate to the current status of the Project, including the following - 51 Job status regarding progress schedule Projected areas of construction and trades involved 54 Reasons for delays and plans to make up delays Specific problems/solutions. 1066.03 Project Meetings Chesterley Park Site Improvements 01200-2 At the progress meeting closest to the end of each month, a draft of the Application for Payment shall be presented for review by the Architect. At the same meeting , submit in -progress Record Drawings 3 for review RECORD NG 6 Results and happenings of meetings will be recorded by the Architect and copies of the report will be mailed to the Owner, Contractor, and other participants. a PART 2 - PRODUCTS (Not Applicable) 12 PART 3 - EXECUTION (Not Applicable) 15 END OF SECTION 01200 18 1066.03 Project Meetings Chesterley Park Site Improvements 01300-1 SECTION 01300 - SUBMITTALS 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section specifies administrative and procedural requirements for submittals required for performance of the Work, including shop drawings, samples, product data and other miscellaneous 18 work-related submittals. Shop drawings and other submittals are required to amplify, expand, and coordinate the information contained in the Contract Documents 21 This Section also provides a Check List of Required Submittals relating to contractual matters required by the Owner. 24 OWNER'S CHECK UST OF REQUIRED SUBMITTALS: Agreement: Owner/Contractor - AIA Document A101, 1997 Edition, as modified. 27 Performance Bond/Labor and Material Payment Bond: 100% of the contract sum including Washington State Sates Tax, two part AIA Document A311, February 1970 Edition. 30 Certificate of Insurance (See General and Supplementary Conditions, Article 11)- Provide certification of insurance carried 33 Certificate of Compliance: Form bound herein (following Section 00800). Submit prior to commencing work only if work is to begin before the Statement of Intent to Pay Prevailing Wages 36 has been received Statement of Intent to Pay Prevailing Wages- Must be submitted to the Department of Labor and 39 Industries by the Contractor and Subcontractors. Prepay the filing fee and include the filing fee in the Basic Bid. Final payment can not be released until approved Statements of Intent have been received by the Owner, even if a Certificate of Compliance has been submitted. 42 List of Subcontractors: List of all subcontractors being hired under this contract must be submitted at the earliest possible date, in no case later than the Pre -Construction Meeting. 45 Progress Schedule (See this Section): Use horizontal bar graph or critical path type schedule, whichever best represents the construction schedule Indicate each element of work in sufficient 48 detail to allow easy understanding of the work progress at each stage Schedule of Values: Submit Schedule of Values Conform items to section titles of the 51 Specifications and as directed by Architect. Affidavit of Wages Paid: Submit to the Department of Labor and Industries upon completion of the 54 project. Prepay the filing fee and include the filing fee in the Basic Bid. Final payment cannot be 1066.03 Submittals 3 6 Chesterley Park Site Improvements 01300-2 released until approved Affidavit of Wages Paid has been received by the Owner Record Drawings. (See Section 01700) Submit final Record Drawings and Specifications as part of the Project Closeout. SUBMITTAL PROCEDURES FOR SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. 9 General- Refer to the General Conditions for Basic ProceduresU heUlre$ for submittal handling Coordinate preparation and processing of submittals with performance of construction activities. 12 Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. Transmit different kinds of submittals for the same unit of work so that the process will not be delayed by the Architect's and/or his consultants' need to review submittals concurrently for coordination. Processing. Allow sufficient review time so that installation will not be delayed as a result of the time required to process submittals, including time for resubmittals. 18 Allow two weeks for initial review. Allow additional time if processing must be delayed to permit coordination with subsequent submittals The Architect will promptly advise the Contractor when 21 a submittal being processed must be delayed for coordination If an intermediate submittal is necessery process the same as the initial submittal. �, 1+��•++�� initial suuaJlnLal. Allow two weeks for reprocessing each submittal 27 No extension of Contract Time will be authorized because of failure to transmit submittals to the Architect sufficiently in advance of the Work to permit processing 30 Submittal Preparation. Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title. Include the following information on the label for processing and recording action taken. 24 33 a. Project name. b. Date. 36 c. Name and address of Architect. d. Name and address of Contractor. e Name and address of subcontractor. 39 f Name and address of supplier. g Name of manufacturer. h. Number and title of appropriate Specification Section 42 i. Drawing number and detail references, as appropriate Before submission to the Architect, Contractor shall review all shop drawings and other submittals for 45 completeness and conformance to the Contract Documents and shall stamp submittals accordingly. SHOP DRAWINGS 48 Submit newly prepared information, drawn to accurate scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard 51 information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not considered Shop Drawings 54 Shop Drawings include fabrication and installation drawings, setting diagrams, schedules, patterns, 1066.03 Submittals Chesterley Park Site Improvements 01300-3 templates and similar drawings. 3 Submit one correctable translucent reproducible print and two blue- or black -line prints for the Architect's review; the reproducible print will be returned Do not use Shop Drawings without an appropriate final stamp indicating action taken in connection with construction. 6 PRODUCT DATA 9 Collect Product Data into a single submittal for each element of construction or system Product Data includes printed information such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams and performance curves. Mark 12 each copy to show applicable choices and options. Where printed Product Data includes information on several products, some of which are not required, mark copies to indicate the applicable information. 15 Submittals. Except as otherwise indicated in individual sections of these specifications, submit 4 copies Two copies will be returned. 18 SAMPLES Submit full-size, fully fabricated Samples cured and/or finished as specified and physically identical with 21 the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern Prepare Samples to match the Architects Sample 24 Refer to individual Specification Sections for specific size and quantities of samples 27 CONTRACTOR'S CONSTRUCTION SCHEDULE Bar -Chart Schedule. Prepare a fully developed, horizontal bar- chart type Contractor's construction 30 schedule. Submit at the time of the Pre -Construction Conference Provide a separate time bar for each significant construction activity Provide a continuous vertical 33 line to identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the "Schedule of Values" 36 Distribute copies to the Architect, Owner, subcontractors, and other parties required to comply with scheduled dates When revisions are made, distribute to the same parties and post in the same locations 39 Schedule Updating: Revise the schedule whenever significant changes have been made. At each Progress Meeting, indicate actual job progress on chart. 42 MISCELLANEOUS SUBMITTALS: 45 Warranties- Refer to individual specification sections for specific requirements on warranties, product bonds, workmanship bonds and maintenance agreements. Furnish two executed copies of such warranties, bonds or agreements, plus two additional copies to be into maintenance manuals. 48 Close-out Submittals. Refer to Section "Project Close-out" and to individual sections of the specifications for specific submittal requirements of project close-out information, materials, tools and 51 similar items. 54 1066.03 Submittals Chesterley Park Site Improvements 013004 CONTRACTOR'S APPROVAL: 3 By approving and submitting shop drawings and other submittals, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data and he has and i Ic checked and coordinated each shop drawing and submittal with 6 the requirements of the work and of the Construction Documents a Submittals shall be marked to indicate that they have been reviewed and verified by the Contractor ARCHITECTS ACTION. 12 Except for submittal for record, information or similar purposes, where action and return is required, the Architect will review each submittal, mark to indicate action taken and return promptly. 15 Cnmpiiance with specific characteristics is the Contractor's r>v , u Isibiiity. Architects responsibilities in reviewing and "approving" submittals is limited per provisions of the General Conditions. 18 ill G 1 24 27 PART 2 - PRODUCTS (Not Applicable). PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 1066.03 Submittals 3 6 9 3 Chesterley Park Site Improvements SECTION 01311 - PREVAILING WAGE RATES PART 1 - GENERAL GENERAL REQUIREMENTS 01311-1 RCW 39.12.030 requires that the public agencies print these prevailing wage rates in contract specifications END OF SECTION 01311 1066.03 Prevailing Wage Rates PREVAILING WAGE RATES The prevailing rate of wages to be paid to all workmen, laborers, or mechanics employed in the performance of any part of this contract shall be in accordance with the provisions of Chapter 39,12 RCW, as amended. The rules and regulations of the Department of Labor and Industries are by reference made a part of this contract as though fully set forth herein. The current schedule of prevailing wage rates for the locality or localities where this contract will be performed, as determined by the Industrial Statistician of the Department of Labor and Industries, are included in these contract documents. Inasmuch as the contractor will be held responsible for paying the prevailing wages, it is imperative that all contractors familiarize themselves with the current wage rates, as determined by the Industrial Statistician of the Department of Labor and Industries, before submitting bids based on these specifications. In case any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be adjusted by the parties in interest, including labor and management representatives, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State and his decision therein shall be final and conclusive and biding on all parties involved in the dispute as provided for by RCW 39.12.060 as amended. Current prevailing wage rules and data can be furnished by the Industrial Statistician upon request. You may submit your request to: Department of Labor and Industries ESAC Division PO Box 44540 Olympia, Washington 98504-4540 Telephone: 360-902-5335 State of Washington DEPARTMENT OF LABOR AND INDUSTRIES Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates For Public Wo The PREVAILING WAGES listed here include both the hourly wage rate and the benefits. On public works projects, workers' wage and benefit rates must add to total. A brief description of overtime calculation requirements is provided on the YAKIMA COUNTY Effective 03-03-01 ***********A AA AAAA*A*** h*al A**iF** k*** Jr*** k****Int-*** Classification ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL BOILERMAKERS JOURNEY LEVEL BRICK AND MARBLE MASONS JOURNEY LEVEL CABINET MAKERS (IN SHOP) JOURNEY LEVEL CARPENTERS ACOUSTICAL WORKER BRIDGE, DOCK AND WARF CARPENTERS CARPENTER CREOSOTED MATERIAL DRYWALL APPLICATOR FLOOR FINISHER FLOOR LAYER FLOOR SANDER MILLWRIGHT PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING SAWFILER SHINGLER STATIONARY POWER SAW OPERATOR STATIONARY WOODWORKING TOOLS CEMENT MASONS JOURNEY LEVEL $16.85 1 DIVERS & TENDERS DIVER DIVER TENDER DREDGE WORKERS ASSISTANT ENGINEER ASSISTANT MATE (DECKHAND) BOATMEN ENGINEER WELDER LEVERMAN, HYDRAULIC MAINTENANCE MATES OILER DRYWALL TAPERS JOURNEY LEVEL ELECTRICIANS - INSIDE JOURNEY LEVEL rks Contracts hourly rate of fringe not Tess than this Benefit Code Key PREVAILING WAGE (See Benefit Code Key) Over Time Holiday Note Code Code Code $23.54 1M 5D $35.96 18 5N $30.42 1M 5A $8.45 1 $27.75 1M $33.53 1M $27.49 1M $27.59 1M $27.49 1M $27.62 1M $27.62 1M $27.62 1M $34.00 1M $33.73 1M $27.62 1M $27.62 1M $27.62 1M $27.62 1M $71.01 1M 5D 50 50 50 50 50 50 50 50 50 50 50 5D 50 5D 8A $35.27 1M 5D $34 12 1T 50 $33.68 iT 50 $34.12 IT 5D $34.17 IT 5D $35.56 IT 5D $33.68 1T 50 $34 12 1T 5D $33.78 1T 50 $24 84 1P 5A $35.45 1J 5Z 8L 8L 8L 8L 8L 8L 8L 8L Classification ELECTRICIANS - MOTOR SHOP CRAFTSMAN JOURNEY LEVEL ELECTRICIANS - POWERI !NE CONSTRUCTION CABLE SPLICER YAKIMA COUNTY Effective 03-03=01 PREVAILING WA( $15.37 $14.60 CERTIFIED LINE WELDER $42.16 GROUNDPERSON 538.72 HEAD GROUNDPERSON $28.38 HEAVY LINE EQUIPMENT OPERATOR $29.81 JACKHAMMER DPERATOR $38.72 JOURNEY LEVEL LINEPERSON $29'81 LINE EQUIPMENT OPERATOR 538.72 POLE SPRAYER $32.95 POWDERPERSON $38.72 ELECTRONIC & TELECOMMUNICATION TECHNICIANS $29.81 JOURNEY LEVEL ELEVATOR CONSTRUCTORS $12.07 CONSTRUCTOR MECHANIC $30.35 4A 61 MECHANIC IN CHARGE $41.00 4A 61 54 PROBATIONARY CONSTRUCTOR 515.80 4A 61 FABRICATED PRECAST CONCRETE PRODUCTS $15.80 4A 61 CRAFTSMAN LABORER $8.65 1 PRODUCTION WORKER 57.15 1 FENCE ERECTORS $7.15 1 FENCE ERECTOR FENCE LABORER $13.80 1 FLAGGERS 511.60 1 JOURNEY LEVEL GLAZIERS $21.82 1M 50 JOURNEY LEVEL HEAT & FROST INSULATORS AND ASBESTOS WORKERS $18.26 18 61 MECHANIC HEATING EQUIPMENT MECHANICS 534.58 iF 5C MECHANIC INDUSTRIAL ENGINE AND MACHINE MECHANICS $18'45 1.1 5A MECHANIC INDUSTRIAL POWER VACUUM CLEANER $15.65 1 JOURNEY LEVEL INSPECTION/CLEANING/SEALING OF SEWER & WATER SYSTEMS BY $9.07 1 REMOTE CONTROL CLEANER OPERATOR, FOAMER OPERATOR GROUT TRUCK OPERATOR 11.48 1 HEAD OPERATOR $11.48 1 TECHNICIAN $12'78 1 TV TRUCK OPERATOR $6.72 1 INSULATION APPLICATORS $10.53 1 JOURNEY LEVEL IRONWORKERS $32.91 1M 50 JOURNEY LEVEL (See Benefit Code Key) Over Time Holiday Note Code Cade Code 2A 6C 2A 6C 4A 5A 8E 4A 5A 8E 4A 5A 8E 4A 5A SE 4A SA PE 4A 5A 8E 4A 5A 8E 4A 5A 8E 4A 5A 8E 4A 5A 8E $35.87 18 5A YAKIMA COUNTY Effective 03-03-01 Classification LABORERS ASPHALT RAKER $24.02 1M 5D PREVAILING WAGE BALLAST REGULATOR MACHINE $23.54 1M 5D BATCH WEIGHMAN $21.82 1M 5D (See Benefit Code Key) Over Time Holiday Note Code Code Code CARPENTER TENDER $23.54 1M 50 CASSION WORKER $24.38 1M 50 CEMENT DUMPER/PAVING $24.02 1M 50 CEMENT FINISHER TENDER $23.54 1M 5D CHIPPING GUN (OVER 30 LBS) $24.02 IM 50 CHIPPING GUN (UNDER 30 LBS) $23.54 1M 50 CHUCK TENDER $23.54 1M SD CLEAN-UP LABORER $23.54 1M 50 CONCRETE FORM STRIPPER $23.54 1M 50 CONCRETE SAW OPERATOR $24.02 1M 50 CRUSHER FEEDER $21.82 1M 50 CURING LABORER $23.54 1M 5D DEMOLITION, WRECKING & MOVING (INCLUDING CHARRED MATERIALS) $23.54 1M 5D DITCH DIGGER $23.54 1M 50 DIVER $24.38 1M 50 DRILL OPERATOR (HYDRAULIC, DIAMOND) $24.02 1M 5D DRILL OPERATOR, AIRTRAC $24.38 1M 5D DUMPMAN $23.54 1M 5D FALLER/BUCKER, CHAIN SAW $24.02 1M 50 FINAL DETAIL CLEANUP (Le., dusting, vacuuming, window cleaning; NOT $19.50 1M 50 construction debris cleanup) FINE GRADERS $23.54 1M 50 FIRE WATCH $23.54 1M 50 FORM SETTER $23.54 1M 50 GABION BASKET BUILDER $23.54 1M 50 GENERAL LABORER $23.54 1M 50 GRADE CHECKER & TRANSIT PERSON $24.02 1M 50 GRINDERS $23.54 1M 51) GROUT MACHINE TENDER $23.54 1M 50 HAZARDOUS WASTE WORKER LEVEL A $24.38 1M 5D HAZARDOUS WASTE WORKER LEVEL B $24.02 1M 50 HAZARDOUS WASTE WORKER LEVEL C $23.54 1M 50 HIGH SCALER $24.38 1M 50 HOD CARRIER $24.02 1M 50 JACKHAMMER $24.02 1M 50 LASER BEAM OPERATOR $24.02 1M 50 MINER $24.38 1M 5D NOZZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH $24.02 1M 50 PRESSURE AIR & WATER ON CONCRETE & ROCK, SANDBLAST, GUNITE, SHOTCRETE, WATER BLASTER PAVEMENT BREAKER $24.02 1M 50 PILOT CAR $21.82 1M 5D PIPE RELINER (NOT INSERT TYPE) $24 02 1M 50 PIPELAYER & CAULKER $24.02 1M 5D PIPELAYER & CAULKER (LEAD) $24.38 1M 50 PIPEWRAPPER $24.02 1M 5D POT TENDER $23.54 1M 50 POWDERMAN $24.38 1M 50 POWDERMAN HELPER t9- Fd tKA �n k Classification POWERJACKS RAILROAD SPIKE PULLER (POWER) RE-TIMBERMAN RIPRAP MAN SIGNALMAN SLOPER SPRAYMAN SPREADER (CLARY POWER OR SIMILAR TYPES) SPREADER (CONCRETE) STAKE HOPPER STOCKPII FR TAMPER & SIMILAR ELECTRIC, AIR & GAS TAMPER (MULTIPLE & SELF PROPELLED) TOOLROOM MAN (AT JOB SITE) TOrrtrt-TAILER TRACK LABORER TRACK LINER (POWER) TUGGER OPERATOR VIBRATING S ..tcttu (AIR, GAS, OR ELECTRIC) VIBRATOR WELDER WELL -POINT LABORER LABORERS - UNDERGROUND SEWER & WATER GENERAL LABORER PIPE LAYER $23.54 1M 50 LANDSCAPE CONSTRUCTION $24'02 1M 50 IRRIGATION OR LAWN SPRINKLER INSTALLERS $7.38 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $15.45 1 LANDSCAPING OR PLANTING LABORERS LATHERS $7.63 1, JOURNEY LEVEL MACHINISTS (HYDROELECTRIC SITE WORK) $27.49 1M 50 MACHINIST $16.84 1 METAL FABRICATION (IN SHOP) FITTER LABORER $12.00 MACHINE OPERATOR $10.31 1 PAINTER $11.32 1 WELDER$12.00 1 MODULAR BUILDINGS $11.32 1 JOURNEY LEVEL PAINTERS $14.11 1 JOURNEY LEVEL $16.75 PLASTERERS JOURNEY LEVEL $34.03 PLAYGROUND & PARK EQUIPMENT INSTALLERS JOURNEY LEVEL $7.63 1 PLUMBERS & PIPEFITTERS JOURNEY LEVEL $40.35 POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $32.04 BACKHOE, EXCAVATOR, SHOVEL (3 YO & UNDER) $34.50 BACKHOE, EXCAVATOR, SHOVEL (OVER 3 YD & UNDER 6 YD) v;4.94 Paae 4 YAKIMA COUNTY Effective 03-03-01 PREVAILING WAGE (See Benefit Code Key) Over Time Holiday Note Code_ rode Code $24.02 1M 50 $24.02 1M 5D $24.38 1M 50 $23.54 1M 50 $23.54 1M 5D $23.54 1M 50 $24.02 1M 50 $24.02 1M 50 $23.54 1M 50 $23.54 1M 50 $24.02 1M 50 $24.02 1M 50 $21.82 1M 5D $23.54 1M 50 $23.54 1M 50 $24.02 1 M 5D $24.02 1M 50 $23.54 1M 5D $24.02 1M 5D $23.54 1M 5D $24.02 1M 5D 1 1R 5A 10 5A 1T 5D 8L 1T 50 8L 1T 50 8L YAKIMA COUNTY Effective 03-03-01 Classification PREVAILING WAGE (See Benefit Code Key) Over Time Holiday Note Code Code Code BACKHOE, EXCAVATOR, SHOVEL (6 YD ANO OVER WITH ATTACHMENTS) $35.44 1T 50 8L BACKHOES, (75 HP & UNDER) $34.14 1T 5D 8L BACKHOES, (OVER 75 HP) $34.50 1T 50 8L BARRIER MACHINE (ZIPPER) $34.50 1T 5D 8L BATCH PLANT OPERATOR, CONCRETE $34.50 1T 50 8L BELT LOADERS (ELEVATING TYPE) $34.14 1T 50 8L BOBCAT $32.04 IT 5D 81 BROOMS $32.04 1T 50 8L BUMP CUTTER $34.50 1T 50 8L CABLEWAYS $34.94 1T 50 8L CHIPPER $34.50 1T 5D 8L COMPRESSORS $32.04 IT 50 8L CONCRETE FINISH MACHINE - LASER SCREED $32.04 1T 5D 8L CONCRETE PUMP -TRUCK MOUNT WITH BOOM ATTACHMENT $34.50 1T 50 8L CONCRETE PUMPS $34.14 1T 50 8L CONVEYORS $34.14 1T 5D 8L CRANES, THRU 19 TONS, WITH ATTACHMENTS $34.14 1T 5D 8L CRANES, 20 - 44 TONS, WITH ATTACHMENTS $34.50 1T 50 8L CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING JIB $34.94 1T 50 8L WITH ATACHMENTS) CRANES, 100 TONS -199 TONS, OR 150 FT OF BOOM (INCLUDING JIB $35.44 1T 5D 8L WITH ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB $35.94 1T 50 8L WITH ATTACHMENTS) CRANES, A -FRAME, 10 TON AND UNDER $32.04 1T 5D 8L CRANES, A -FRAME, OVER 10 TON $34.14 1T 5D 8L CRANES, OVER 300 TONS, OR 300' OF BOOM INCLUDING JIB WITH $36.44 1T 5D 8L ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE ( 20 - 44 TONS) $34.50 1T 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (45 - 99 TONS) $34.94 1T 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) $35.44 1T 50 8L CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $35.44 1T 50 8L CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $35.94 1T 50 8L CRUSHERS $34.50 1T 50 8L DECK ENGINEER/DECK WINCHES (POWER) $34.50 1T 5D 8L DERRICK, BUILDING $34.94 1T 50 8L DOZERS, 0-9 & UNDER $34.14 1T 50 8L DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT $34.14 1T 50 8L DRILLING MACHINE $34.50 1T 50 8L ELEVATOR AND MANLIFT, PERMANENT AND SHAFT -TYPE $32.04 1T 5D 8L EQUIPMENT SERVICE ENGINEER (OILER) $34.14 1T 5D 8L FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $34.50 1T 5D 8L FORK LIFTS, (3000 LBS AND OVER) $34.14 1T 50 8L FORK LIFTS, (UNDER 3000 LBS) $32.04 IT 50 8L GRADE ENGINEER $34.14 1T 5D 8L GRADECHECKER AND STAKEMAN $32.04 1T 50 8L HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS $34.14 1T 50 .81 HORIZONTAUDIRECTIONAL DRILL LOCATOR $34.14 1T 5D 8L HORIZONTALJDIRECTIONAL DRILL OPERATOR $34.50 1T 50 8L HYDRALIFTS/BOOM TRUCKS (10 TON & UNDER) $32.04 1T 5D 8L HYDRALIFTS/BOOM TRUCKS (OVER 10 TON) $34.14 1T 5D 8L LOADERS, OVERHEAD (6 YD UP TO 8 YD) $34.94 1T 50 8L LOADERS, OVERHEAD (8 YD & OVER) $35 44 1T 50 8L ki * k A A A Ak-A kA kA A A A #mss}* YAKIMA COUNTY Effective 03-03-01 Classification LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED LOCOMOTIVES, ALL MECHANICS, ALL MIXERS ASPHALT PLANT 1 MOTOR PATROL GRADER (FINISHING) MOTOR PATROL GRADER (NON -FINISHING) MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING OPERATOR PAVEMENT RRFAKER PILEDRIVER (OTHER THAN CRANE MOUNT) PLANT OILER (ASPHALT CRUSHER) POSTHOLE DIGGER, MECHANICAL POWER PLANT PUMPS, WATER QUAD 9, 0-10, AND HD -41 REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING EQUIP RIGGER AND BELLMAN ROLLAGON ROLLER, OTHER THAN PLANT ROAD MIX ROLLERS, PLANTMIX OR MULTIUFT MATERIALS ROTO -MILL, ROTO -GRINDER SAWS, CONCRETE SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING OFF-ROAD EQUIPMENT ( UNDER 45 YD) SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING OFF-ROAD EQUIPMENT (45 YD AND OVER) SCRAPERS, CONCRETE AND CARRY ALL SCREED MAN SHOTCRETE GUNITE SUPFORM PAVERS SPREADER, TOPSIDE OPERATOR - BLAW KNOX SUBGRADE TRIMMER TRACTORS, (75 HP & UNDER ) TRACTORS, (OVER 75 HP) TRANSFER MATERIAL SERVICE MACHINE TRANSPORTERS, ALL TRACK OR TRUCK TYPE TRENCHING MACHINES TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) TRUCK CRANE OILER/DRIVER (100 TON & OVER) WHEEL TRACTORS, FARMALL TYPE YO YO PAY DOZER POWER EQUIPMENT OPERATORS- UNDERGROUND SEWER & WATER ALL CLASSIFICATIONS POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE SPRAY PERSON TREE EQUIPMENT OPERATOR TREE TRIMMER TREE TRIMMER GROUNDPERSON REFRIGERATION & AIR CONDITIONING MECHANICS MECHANIC (See Benefit Code Key) Over PREVAILING Time Holiday Note 1 ./Ani= Code Cui]e Code $34 50 IT 50 $34.50 IT 5D $34.50 9T 50 $34.50 1T 50 $34.50 IT 5D $34.14 1T 5D $34.94 IT 50 $32.04 1T 5D 8L 81 AI 81 81 8L 8L 8L $32.04 1T 5n 8L $34.50 IT 50 8L $34.14 IT 5D 8L $32.04 IT 5D 81 $32.04 1T 5D 81 $32.04 IT 50 81 $34.94 1T 50 8L $34.94 IT 50 81 $32.04 IT 50 8L $34.94 IT 5D 8L $32.04 IT 50 8L $34.14 1T 50 8L $34.50 17 5D 8L $34.14 it 50 81 $34.50 11- 5D 8L $34.94 17 5D 8L $34.14 17 50 8L $34.50 1T 5D 8L $32.04 1T 5D 8L $34.94 IT SD 81_ $34.50 IT 50 81 $34.50 IT 513 8L $34.14 IT 50 8L $34.50 1T 5D 8L $34.50 IT 5D 8L $34.94 1T sn Al $34.14 17 5D 8L $34.14 IT 50 8L $34.50 1 T 50 81 $32.04 1T 5D 8L $34.50 11- 50 8L $19.85 - 1 $28.90 4A 5A $27.34 4A 5A $27.72 4A 5A $25.64 4A 5A $18.70 4A 5A $22.90 YAKIMA COUNTY Effective 03-03-01 Classification RESIDENTIAL BRICK & MARBLE MASONS JOURNEY LEVEL RESIDENTIAL CARPENTERS JOURNEY LEVEL RESIDENTIAL CEMENT MASONS JOURNEY LEVEL RESIDENTIAL DRYWALL TAPERS JOURNEY LEVEL RESIDENTIAL ELECTRICIANS JOURNEY LEVEL RESIDENTIAL GLAZIERS JOURNEY LEVEL RESIDENTIAL INSULATION APPLICATORS JOURNEY LEVEL RESIDENTIAL LABORERS JOURNEY LEVEL RESIDENTIAL PAINTERS JOURNEY LEVEL RESIDENTIAL PLUMBERS & PIPEFITTERS JOURNEY LEVEL RESIDENTIAL SHEET METAL WORKERS JOURNEY LEVEL RESIDENTIAL SOFT FLOOR LAYERS JOURNEY LEVEL ROOFERS JOURNEY LEVEL $25.17 USING IRRITABLE BITUMINOUS MATERIALS $28.17 SHEET METAL WORKERS JOURNEY LEVEL $32.77 SIGN MAKERS & INSTALLERS (NON -ELECTRICAL) JOURNEY LEVEL $14.65 1 SOFT FLOOR LAYERS JOURNEY LEVEL $15.79 SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $6.72 SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $18.87 1 STAGE RIGGING MECHANICS (NON STRUCTURAL) JOURNEY LEVEL $13.23 1 SURVEYORS CHAIN PERSON $9.25 1 INSTRUMENT PERSON $12.05 1 PARTY CHIEF $15.05 1 TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER $24.07 HOLE DIGGER/GROUND PERSON $12.86 INSTALLER (REPAIRER) $23.04 JOURNEY LEVEL TELEPHONE LINEPERSON $22.30 SPECIAL APPARATUS INSTALLER I $24.07 SPECIAL APPARATUS INSTALLER I1 $23.57 TELEPHONE EQUIPMENT OPERATOR (HEAVY) $24 07 TELEPHONE EQUIPMENT OPERATOR (LIGHT) $22.30 PREVAILING WAGE $19.72 $22.81 $16.85 $19.08 $16.97 $11.48 $10.00 $6.84 $11.42 $16.97 $22.42 $17.55 (See Benefit Code Key) Over Time Holiday Note Code Code Code 1 1M 5D 1 1 1 1 1 1 1 1 18 5A 1 1B 51 18 51 1B 5A 1 5T 2B 5A 2B 5A 28 5A 28 5A 28 5A 2B 5A 28 5A 28 5A Classification TELEVISION GROUND PERSON TELEVISION LINEPERSON/INSTALLER TELEVISION SYSTEM TECHNICIAN TELEVISION TECHNICIAN TREE TRIMMER TERRAZZO WORKERS & TILE SETTERS JOURNEY LEVEL TILE, MARBLE & TERRAZZO FINISHERS $2458 FINISHER TRAFFIC CONTROL STRIPERS $20.56 JOURNEY LEVEL TRUCK DRIVERS $26.48 DUMP TRUCK DUMP TRUCK & TRAILER OTHER TRUCKS TRANSIT MIXER WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER t{ OILER $11.15 1 WELL DRILLER $9.20 1 $17.68 1 YAKIMA COUNTY Effective 03-03-01 PREVAILING WAGE (See Benefit Code Key) Over Time Holiday Note Code Code Code $12.13 2B SA $16.59 2B 5A $20.00 28 5A $17.85 2B 5A $22.30 28 5A 4A SA 4A 5A 1K 5A $20.19 1 $24.60 2G 61 $28.33 1N 5D 8M $24.60 2G 61 Pale 8 State of Washington Department of Labor and Industries Prevailing Wage Section - Telephone (360) 902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage Rates The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, workers' wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements is provided on the Benefit Code Key. BUILDING SERVICE EMPLOYEES EFFECTIVE 03-03-01 Classification AniniritIrdrir PREVAILING WAGE *** (See Benefit Code Key) Over Time Holiday Note Code Code Code Counties Covered: KLICKITAT, SKAGIT AND YAKIMA JANITOR $10.00 WAXER $6.72 WINDOW CLEANER $6.72 1 1 1 Counties Covered: LEWIS JANITOR WAXER WINDOW CLEANER $12.50 1 $6.80 1 $8.50 1 Counties Covered:- MASON overedMASON JANITOR WAXER WINDOW CLEANER $6.89 1 $7.30 1 $8.50 1 Counties Covered: OKANOGAN JANITOR $12.50 1 WAXER $10.00 1 WINDOW CLEANER $6.72 1 Counties Covered: PEND OREILLE JANITOR $6.72 WAXER $8.50 WINDOW CLEANER $9.00 1 1 1 Counties Covered: PIERCE JANITOR $12.47 WAXER $9.56 WINDOW CLEANER $14.17 1 1 1 saaammasaaararrsaraarrr BENEFIT CODE KEY - EFFECTIVE 03-03-01 r.aaaaraaaosasaaaartrars+aerates:sassarsaaaasaasamaaasomamaaasarrararaaaraaaraarraaasaaa OVERTIME I -IME CODES OVERTIME CALCULATIONS ARE BASED ON 1HE HOURLY RATE ACTUALLY PAID TO THE WORKER ON PUBLIC WORKS PROJECTS, 1 HL HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MLNUS THE HOURLY RATE OF THE COST OF FRINGE BENEFITS ACTUALLY PROVIDED FOR THE WORKER ALL HOURS WORKED IN EXCESS OF FIGHT (8) HOURS PER DAY OR FORTY (60) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL ALSO 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. ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. D. THE FIRST EIGHT (8) HOURS ON SATURDAYS OF A FIVE - EIGHT HOUR WORK WEEK AND THE FIRST EIGHT (8) HOURS WORKED ON A FIFTH CALENDAR DAY, EXCLUDING SUNDAY, 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 EIGHT (8) HOURS PER DAY ON SATTJRDAY; ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS IN A FIFTH CALENDAR WEEKDAY OF A FOUR - TEN HOUR SCHEDULE; ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY TI-tROUGH FRIDAY, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. F. THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF 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 (EXCEPT LABOR DAY) SHALL BE PAID AT DOUBLE TIE 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 MN (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 ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. J. THE FIRST EIGHT (8) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF 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 SHALL BE PAID AT DOUBLE THS 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. L. ALL HOURS WORKED ON SATURDAYS, 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. M. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS IF WORK IS LOST DUE TO INCLEMENT WEATHER CONDmONS) 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. P. ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS) 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. 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 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 TEMP TNF uOrrur V 17 eTF OF event±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f, ...en ..... ....... • .-.... ._ - - BENEFIT CODE KEY - FF EC 1'TY E 03-03-01 -4- Q. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, TI-IANKSGIVVING DAY, THE DAY AFTER THANKSGIVING DAY AND CHRISTMAS DAY. UNPAID HOLIDAY: PRESIDENTS' DAY. S. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, T SAY AF ER THANKSGIVING DAY, CHRISTMAS EVE DAY, AND CHRISTMAS DAY (8). T. PAID HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9). U. HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, MEMORIAL DAY, DAY BEFORE INDEPENDENCE DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS DAY, CHRISTMAS DAY (10). V. PAID HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTERTHANKSG[VING DAY, CHRISTMAS EVE DAY, CHRISTMAS DAY, EMPLOYEES BIRTHDAY AND ONE DAY OF THE EMPLOYEE'S CHOICE (10). ' W. PAID HOLIDAYS: NEW YEAR'S DAY, DAY BEFORE NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE CHRISTMAS DAY (10). X. PAID UOLIDA YS: NEW YEAR'S DAY, DAY BEFORE OR AFTER NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY, FMPLOYEE'S BIRTHDAY (II). NOTE CODES 8. A. THE STANDBY RATE OF PAY FOR DIVERS SHALL BE ONE-HALF TIMES THE DIVERS RATE OF PAY. IN ADDITION TO THE HOURLY WAGE AND FRINGE BENEFITS, THE FOLLOWING DEPTH PREMIUMS APPLY TO DEPTHS OF FIF lY FEET OR MORE: OVER 50' TO 100' - 51.00 PER FOOT FOR EACH FOOT OVER. 50 FEET OVER 100' TO 175' - 52.25 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 175' TO 250' - 55.50 PER FOOT FOR EACH FOOT OVER 175 FEET OVER 250' - DIVERS MAY NAME THEIR OWN PRICE, PROVIDED IT IS NO LESS THAN THE SCALE LISTED FOR 250 FEET C. THE STANDBY RATE OF PAY FOR DIVERS SHALL BE ONE-HALF TIMES THE DIVERS RATE OF PAY. 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' = 51.00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100' TO 150' - 51.50 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 150' TO 200' - 52.00 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 51.00 PER HOUR E. ALL CLASSIFICATIONS, INCLUDING ALL APPRENTICES, REPORTPNG TO AN EMPLOYER'S DESIGNATED JOB HEADQUARTERS AND WORKING A MINIMUM OF FOUR (4) HOURS IN ANY ONE (1) DAY SHALL RECEIVE A WAGE SUPPLEMENT OF TWENTY-FOUR DOLLARS (524.00) IN ADDITION TO THE PREVAILING HOURLY RATE OF WAGE AND FRINGE BENEFITS. L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: 50.75, LEVEL B: 50.50, AND LEVEL C: 50.25. M. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS: LEVELS A & B: 51.00, LEVELS C & D: 50.50. N. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A: 51.00, LEVEL B: 50.75, LEVEL C: 50.50, AND LEVEL D: 50.25. Washington State Department of Labor and Industries Policy Statement (Regarding the Production of "Standard" or "Non-standard" Items) Below is the department's (State L&I's) list of criteria to be used in determining whether a prefabricated item is "standard" or "non-standard". For items not appearing on WSDOT's predetermined list, these criteria shall be used by the Contractor (and the Contractor's subcontractors, agents to subcontractors, suppliers, manufacturers, and fabricators) to determine coverage under RCW 39.12. The production, in the State of Washington, of non-standard items is covered by RCW 39.12, and the production of standard items is not. The production of any item outside the State of Washington is not covered by RCW 39.12. 1. Is the item fabricated for a public works project? If not, it is not subject to RCW 39.12. If it is, go to question 2. 2. Is the item fabricated on the public works jobsite? If it is, the work is covered under RCW 39.12. If not, go to question 3. 3. Is the item fabricated in an assembly/fabrication plant set up for, and dedicated primarily to, the public works project? If it is, the work is covered by RCW 39.12. If not, go to question 4. 4. Does the item require any assembly, cutting, modification or other fabrication by the supplier? If not, the work is not covered by RCW 39.12. If yes, go to question 5. 5. Is the prefabricated item intended for the public works project typically an inventory item which could reasonably be sold on the general market? If not, the work is covered by RCW 39.12. If yes, go to question 6. 6. Does the specific prefabricated item, generally defined as standard, have any unusual characteristics such as shape, type of material, strength requirements, finish, etc? If yes, the work is covered under RCW 39.12. Any firm with questions regarding the policy, WSDOT's Predetermined List, or for determinations of covered and non -covered workers shall be directed to State L&l at (360) 902-5330. UM $$2$$ Supplemental To Wage Rates Page 1 YYSILJV TS Predetermined List for Suppliers - Manufacturers - Fabricators Below is a list of potentially prefabricated items, originally furnished by WSDOT to Washington State Department of Labor and Industries, that may be considered non- standard and therefore covered by the prevailing wage law, RCW 39.12. Items marked with an X in the "YES" column should be considered to be non-standard and therefore covered by RCW 39.12. Items marked with an X in the "NO" column should be considered ti. L,.�. standard and therefore to be not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. ITEM DESCRIPTION YES NO 1. Manhole Ring & Cover - manhole type 1, 2, 3, and 4 for bridges. For use with Catch Basin type 2. The casting to meet AASHTO-M-105, class 30 gray iron casting. See Std. Plan B -1f, B -23a, B -23b, B -23c, and B -23d. X 2. Frame & Grate - frame and Grate for Catch Basin type 1, 1L, 1P, 2, 3, 4 and Concrete Inlets. Cast frame may be grade 70-36 steel, class 30 gray cast iron or grade 80-55-06 ductile iron. The cast grate may be grade 70-36 steel or grade 80-55-06 ductile iron. See Std. Plan B-2, B -2a, and B -2b. X 3. Grate inlet & Drop Inlet Frame & Grate - Frame and Grate for Grate Inlets Type 1 or 2 or Drop Inlet. Angle iron frame to be cast into top of inlet. See Std. Plan B -4b or B -4h. Frames & Grates to be galvanized. X 4. Concrete Pipe - Plain Concrete pipe and reinforced concrete pipe Class 2 to 5 sizes smaller than 60 inch diameter. X 5. Concrete Pipe - Plain Concrete pipe and reinforced - concrete pipe Class 2 to 5 sizes larger than 60 inch diameter. Supplemental To Wage Rates Page 2 X YES NO 6. Corrugated Steel Pipe - Steel lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, 1 thru 5. X 7. Corrugated Aluminum Pipe - Aluminum lock seam corrugated pipe for culverts and storm sewers, sizes 30 inch to 120 inches in diameter. May also be treated, #5. X 8. Anchor Bolts & Nuts - Anchor Bolts and Nuts, for mounting sign structures, luminaries and other items, shall be made from commercial bolt stock. See Contract Pians and Std. Plans for size and material type. X 9. Aluminum Pedestrian Handrail - Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be in accordance with Section 9-28.15(3). X 10. Major Structural Steel Fabrication - Fabrication of major steel items such as trusses, beams, girders, etc., for bridges. X 11. Minor Structural Steel Fabrication - Fabrication of minor steel items such as special hangers, brackets, access doors for structures, access ladders for irrigation boxes, bridge expansion joint systems, etc., involving welding, cutting, punching and/or boring of holes. See Contact Plans for item description and shop drawings. X 12. Aluminum Bridge Railing Type BP - Metal bridge railing conforming to the type and material specifications set forth in the Contract Plans. Welding of aluminum shall be in accordance with Section 9-28.15(3). X Supplemental To Wage Rates Page 3 13. Concrete Piling--Precast-Prestressed concrete piling for use as 55 and 70 ton concrete piling. Concrete to conform to Section 9-19.1 of Std. Spec.. Shop drawings for approval shall be provided per Section 6-05.3(3) of the Std. Spec. YES NO X 14. Manhole Type 1, 2, 3 and 4 - Precast Manholes with risers and flat top slab and/or cones. See Std. Plans. A 15. Drywell - Drywell as specified in Contract Pians. X 16. Catch Basin - Catch Basin type 1, *IL 1 P, 2, 3, and 4, including risers, frames maybe cast into riser. See Std. Plans. X 17. Precast Concrete Inlet - Concrete Inlet with risers, X frames may be cast into risers. See Std. Plans. 18. Drop Inlet Type 1 - Drop Inlet Type 1 with support X angles and grate. See Std. Plans B -4f and B -4h. 19. Drop Inlet Type 2 - Drop Inlet type 2 with support X angles and grate. See Std. Plans B -4g and B -4h. 20. Grate Inlet Type 2 - Grate Inlet Type 2 with risers and X top unit with bearing angles. 21. Precast Concrete Utility Vaults - Precast Concrete utility vaults of various sizes. Used for in ground storage of utility facilities and controls. See Contract Plans for size and construction requirements. Shop drawings are to be provided for approval prior to casting. X $$1$$ $$2$$ Supplemental To Wage Rates Page 4 YES ,NO 22. Vault Risers - For use with Valve Vaults and Utilities X Vaults. 23. Valve Vault - For use with underground utilities. X See Contract Plans for details. 24. Precast Concrete Barrier - Precast Concrete Barrier for use as new barrier or may also be used as Temporary Concrete Barrier. Only new state approved barrier may be used as permanent barrier. X 25. Reinforced Earth Wall Panels - Reinforced Earth Wall Panels in size and shape as shown in the Plans. Fabrication plant has annual approval for methods and materials to be used. See Shop Drawing. Fabrication at other locations may be approved, after facilities inspection, contact HQ. Lab. X 26. Precast Concrete Wails - Precast Concrete Walls - tilt -up wall panel in size and shape as shown in Plans. Fabrication plant has annual approval for methods and materials to be used. X 27. Precast Railroad Crossings - Concrete Crossing Structure X Slabs. 28. 12, 18 and 26 inch Standard Precast Prestressed Girder - Standard Precast Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)c. X UM $$2$$ Supplemental To Wage Rates Page 5 29. Prestressed Concrete Girder Series 4-14 - Prestressed Concrete Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See -.r-r-. prior casting Std. Spec. Section 6-02.3(25)c. YES NO X 30. Prestressed Tri -Beam Girder - Prestressed Tri -Beam Girders for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)c. X 31. Prestressed Precast Hollow -Core Slab - Precast Prestressed Hollow -core slab for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(25)c. X 32. Prestressed -Bulb Tee Girder - Bulb Tee Prestressed Girder for use in structures. Fabricator plant has annual approval of methods and materials to be used. Shop Drawing to be provided for approval prior to casting girders. See Std. Spec. Section 6-02.3(26)A. X 33. Monument Case and Cover - To meet AASHTO-M-105 class X 30 gray iron casting. See Std. Pian H-7. 34. Cantilever Sign Structure - Cantilever Sign Structure fabricated from steel tubing meeting AASHTO-M-183. See Std. Plans G-3, G -3a, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. 35. Mono -tube Sign Structures - Mono -tube Sign Bridge fabricated to details shown in the Plans. Shop drawings for approval are required prior to fabrication. X Supplemental To Wage Rates Page 6 36. Steel Sign Bridges - Steel Sign Bridges fabricated from steel tubing meeting AASHTO-M-138 for Aluminum Alloys. See Std. Plans G-2, G2a, G -2b, and Contract Plans for details. The steel structure shall be galvanized after fabrication in accordance with AASHTO-M-111. YES NO X 37. Steel Sign Post - Fabricated steel sign posts as detailed in Std. Plan G-8. Shop drawings for approval are to be provided prior to fabrication. X 38. Light Standard -Prestressed - Spun, prestressed, hollow, X concrete poles. 39. Light Standards - Lighting Standards for use on highway illumination systems, poles to be fabricated to conform with methods and materials as specified on Std. Plan J-1, J -1a, and J -lb. See Special Provisions for pre -approved drawings. X 40. Traffic Signal Standards - Traffic Signal Standards for use on highway and/or street signal systems. Standards to be fabricated to conform with methods and material as specified on Std. Plans J-1, J -7a, J -7c, and J-8. See Special Provisions for pre -approved drawings. X 41 Traffic Curb, Type A or C Precast - Type A or C Precast traffic curb, for use in construction of raised channelization, and other traffic delineation uses such as parking lots, rest areas, etc. NOTE: Acceptance based on inspection of Fabrication Plant and an advance sample of curb section to be submitted for approval by Engineer. X Supplemental To Wage Rates Page 7 YES ,NO 42. Traffic Signs - Prior to approval of a Fabricator X X of Traffic Signs, the sources of the following customstd. signing materials must be submitted and approved msg msg for reflective sheeting, legend material, and nil!minelm sheeting NOTE: *** Fabrication •�• sheeting. inspection required. Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed. 43. Cutting & bending reinforcing steel 44. Guardrail components x x custom standard end sect. sect. 45. Aggregates/Concrete mixes Covered by WAC 296-127-018 46. Asphalt Covered by WAC 296-127-018 47. Fiber fabrics X 48. Electrical wiring/components X 49. treated or untreated timber piles X 50. Girder pads (elastomeric bearing) X Supplemental To Wage Rates Page 8 YES NO 51. Standard Dimension lumber X 52. Irrigation components X 53. Fencing materials X 54. Guide Posts X 55. Traffic Buttons X 56. Epoxy X 57. Cribbing X 58. Water distribution materials X 59. Steel "H" piles X 60. Steel pipe for concrete pile casings X 61. Steel pile tips, standard X 62. Steel pile tips, custom X Supplemental To Wage Rates Page 9 WASHINGTON STATE PREAI!Nr_ t••AnE RATES - EFFECTIVE 03l03IU1 METAL FABRICATION (IN SHOP) Classification Over PREVAILING Time Holiday Note WAGE Code Code Code Counties Covered: Adams, Asotin, Columbia, Douglas, Ferry, Franklin, Garfield Kittitas, Lincoln, Okanogan, Pend Oreille, Stevens, Walla Walla and Whitman Fitter 12.76 1 Welder 12.76 1 Machine Operator 12.66 1 Painter 10.20 1 Laborer 8.13 1 Counties Covered: Benton Welder 16.70 1 Machine Operator 10.53 Painter 9.766 1 Laborer 7.06 1 Counties Covered: Chelan Fitter 15.04 1 Welder 12.24 1 Machine Operator 9.71 1 Painter 9.93 1 Laborer 8.77 1 Counties Covered: Clallam, Grays Harbor, Island, Jefferson, Lewis, Mason, Pacific, San Juan and Skagit Fitter 15.16 1 Welder 15.16 1 Machina Operator ' •'•"' 10.66 1 Painter 11.41 1 Laborer 11.13 1 $$1$$ MSS Supplemental To Wage Rates Page 10 Classification METAL FABRICATION (IN SHOP) 03/03/01 Counties Covered: Clark Over PREVAILING Time Holiday Note WAGE Code Code Code Layerout 22.41 1J 6U Fitter 22.05 1J 6U Welder 21.54 1J 6U Painter 19.08 1J 6U Machine Operator 16.58 1J 6U Laborer 16.09 1J 6U Fitter Welder Machine Operator Painter Laborer Fitter Welder Machine Operator Painter Laborer Counties Covered: Snohomish Counties Covered: Spokane Counties Covered: Thurston 15.38 1 15.38 1 8.84 1 9.98 1 9.79 1 12.59 1 10.80 1 13.26 1 10.27 1 7.98 1 Layerout 22.74 1R 6T Fitter 20.85 1R 6T Welder 18.93 1R 6T Machine Operator 15.13 1R 6T Laborer 11.33 1R 6T Fitter/Welder Machine Operator Laborer $$1$$ MU Counties Covered: Whatcom Supplemental To Wage Rates Page 11 13.81 1 13.81 1 9.00 1 Classification v/F%` C�uoir./-%1 iviv /SKI jrivr) US/U3%U1 Counties Covered: Yakima Over PREVAILING Time Holiday Note WAGE Code Code Code Fitter 12.00 1 Welder 11.32 1 Machina Qperator ............,.......... 11.32 1 Painter 12.00 1 Laborer 10.31 1 Counties Covered: Co.rl tz Fitter 22.03 18 6V Welder 22.03 18 6V Machine Operator 22.03 1B 6V Laborer 17.17 18 6V Counties Covered: Grant Fitter 10.79 1 Welder 10.79 1 Painter 7.45 1 Counties Covered: King Fitter 15.86 1 Welder 15,48 1 Machine Operator 13.04 1 Painter 11.10 1 Laborer 9.78 1 Counties Covered: Kitsap Fitter 26.96 1 Welder 13.83 1 Machine Operator 13.83 1 Laborer 6.72 1 Supplemental To Wage Rates Page 12 Classification FitteNWelder Machine Operator Painter Laborer Fitter Welder Machine Operator Laborer METAL FABRICATION (IN SHOP) 03/03/01 Over PREVAILING Time Holiday Note WAGE Code Code Code Counties Covered: Klickitat, Skamania and Wahkiakum Counties Covered: Pierce Supplemental To Wage Rates Page 13 16.99 1 17.21 1 17.03 1 10.44 1 15.25 1 13.98 1 13.98 1 9.25 1 WASHINGTON STAT PREVAILING rvAGE 'RATES -EFFECTIVE 03/03/01 FABRICATED PRECAST CONCRETE PRODUCTS Classification All Classifications Over PREVAILING Time Holiday Note WAGE Code Code Code Counties Covered: Adams, Asotin, Benton, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Lincoln, Okanogan, Pend Oreille, Stevens, Walla Walla, and Whitman Counties Covered: King Architectural and Prestressed Concrete All Classifications 9.96 1 I .6V All Other Concrete Products Maintenance 18.77 1B 6S Operator 18.24 1B 6S Gunite 18.24 1B 6S Carpenter 18.77 1B 6S Fabricator 18,24 18 6S Wet pour 17.99 1B 6S Yard Patch 17.99 1B 6S Welder 18.24 1B 6S Clean Up 17.99 1B 6S All Classifications All Classifications All Classifications $$1$$ $$2$$ Counties Covered: Pierce Counties Covered: Chelan, Kittitas, Klickitat and Skamania 8.00 1 8.61 1 Counties Covered: Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, Kitsap, Lewis, Mason, Pacific, San Juan, Skagit, Snohomish, Thurston, Wahkiakum Supplemental To Wage Rates Page 14 13.50 1 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 03/03/01 FABRICATED PRECAST CONCRETE PRODUCTS Classification Machine Operator Laborer Counties Covered: Spokane Counties Covered: Yakima Over PREVAILING Time Holiday Note WAGE Code Code Code 10.33 1 6.72 1 Craftsman 8.65 1 Production Worker 7.15 1 Laborer 6.72 1 Counties Covered: Whatcom Rebar 14.60 1 Concrete Finisher 12.53 1 Carpenter 11.43 1 Laborer 8.43 1 $$1$$ $$2$$ Supplemental To Wage Rates Page 15 Washington State Department of I ahor and end istries r-----•-•-- ..� gIMMJLI� Policy Statements (Regarding Production and Delivery of Gravel, Concrete, Asphalt, etc.) The following two letters from the State Department of Labor and Industries (State L&I) dated August 18, 1992 and June 18, 1999, clarify the intent and establish policy for administrating the provisions of WAC 296-127-018 COVERAGE AND EXEMPTIONS OF WORKERS INVOLVED IN THE PRODUCTION AND DELIVERY OF GRAVEL, CONCRETE, ASPHALT, OR SIMILAR MATERIALS. Any firm with questions regarding the policy, these setters, or for determinations of covered and non -covered workers shall be directed to State L&I at (360) 902-5330. Effective September ber 1, 1993, minimum prevailing wages for all work covered by WAC 296-127-Q18 for the production and/or delivery of materials to a public works contract will be found under the regular classification of work for Teamsters, Power Equipment Operators, etc. $$1$$ $$2$$ Supplemental To Wage Rates Page 16 ESAC DIVISION - TELEPHONE (206) 586-6887 PO BOX 44540, OLYMPIA, WASHINGTON 98504-4540 August 18, 1992 TO: All Interested Parties FROM: Jim P. Christensen Acting Industrial Statistician SUBJECT: Materials Suppliers - WAC 296-127-018 This memo is intended to provide greater clarity regarding the application of WAC 296-127-018 to awarding agencies, contractors, subcontractors, material suppliers and other interested parties. The information contained herein should not be construed to cover all possible scenarios which might require the payment of prevailing wage. The absence of a particular activity under the heading "PREVAILING WAGES ARE REQUIRED FOR" does not mean that the activity is not covered. Separate Material Supplier Equipment Operator rates have been eliminated. For those cases where a production facility is set up for the specific purpose of supplying materials to a public works construction site, prevailing wage rates for operators of equipment such as crushers and batch plants can be found under Power Equipment Operators. PREVAILING WAGES ARE REQUIRED FOR: 1. Hauling materials away from a public works project site, including excavated materials, demolished materials, etc. 2. Delivery of materials to a public works project site using a method that involves incorporation of the delivered materials into the project site, such as spreading, leveling, rolling, etc. 3. The production of materials at a facility that is established for the specific, but not necessarily exclusive, purpose of supplying materials for a public works project. 4. Delivery of the materials mentioned in #3 above, regardless of the method of delivery. PREVAILING WAGES ARE NOT REQUIRED FOR: 1. The production of materials by employees of an established materials supplier, in a permanent facility, as well as the delivery of these materials, as long as delivery does not include incorporation of the materials into the job site. 2. Delivery of materials by a common or contract carrier, as long as delivery does not include incorporation of the materials into the job site. 3. Production of materials for unspecified future use. $$1$$ $$2$$ Supplemental To Wage Rates Page 17 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES June 18, 1999 TO: Kerry S. Radcliff, Editor Washington State Register FROM: Gary Moore, Director Department of Labor and industries SUBJECT: Notice re WAC 296-127-018, Coverage and exemptions of workers involved in the production and delivery of gravel, concrete, asphalt, or similar materials The department wishes to publish the following Notice in the next edition of the Washington State Register: NOTICE Under the current material supplier regulations, WAC 296-127-018, the department takes the position that prevailing wages do not apply to the delivery of wet concrete to public works sites, unless the drivers do something more than just deliver the concrete: Drivers delivering concrete into a crane and bucket, hopper of a pump truck, or forms or footings, are not entitled to prevailing wages unless they operate machinery or use tools that screed, float, or put a finish on the concrete. This position applies only to the delivery of wet concrete. It does not extend to the delivery of asphalt, sand, gravel, crushed rock, or other similar materials covered under WAC 296-127-018. The department's position applies only to this regulation. If you need additional information regarding this matter, please contact Greg Mowat, Program Manager, Employment Standards, at P.O. Box 44510, Olympia, WA 98504-4510, or call (360) 902-5310. Please publish the above Notice in WSR 99-13. If you have questions or need additional information, please call Selwyn Walters at 902-4206. Thank you. Cc: Selwyn Walters, Rules Coordinator Patrick Woods, Assistant Director Greg Mowat, Program Manager Supplemental to Wage Rates 18 Chesterley Park Site Improvements 02000-1 SECTION 02000 - Canal Pathway Standard Specifications and Contract Provisions 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 SUMMARY' 15 This Section includes requirements for the Canal Pathway portion of the Work. 18 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 Chesterley Park Site Improvements 02000-2 City Of Yakima Chesterley Park Site Improvements, Canal Pathway City Project No. 1753 Federal Aid No. STPE-1485(010) EXPIRES 11-17-2001 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 Chesterley Park Site Improvements 02000-3 CONTENTS CITY OF YAKIMA Chesterley Park Site Improvements Canal Pathway 6 City Project No. 1753 Federal Aid No. STPE-1485(010) 9 SECTION PAGE 12 DESCRIPTION OF THE WORK ............... ..... 4 STANDARD SPECIFICATIONS 15 Standard Specifications. ...... ...... ........... ................. ............ ............... 5 Amendments to the 2000 Standard Specifications .. 6 18 CONTRACT PROVISIONS General Special Provisions ..................................... 25 City of Yakima Special Provisions.............................................................. 43 21 1-02 Bid Procedures and Conditions ........................... ............................ 43 MBE/WBE Form — 5/95 ............................................................. 44 1-03 Award and Execution of Contract 48 24 1-04 Scope of Work.............................................................................. 48 1-05 Control of Work ................................................... ................... 48 1-07 Legal Relations and Responsibilities to the Public .................................. 48 27 1-08 Prosecution and Progress 50 1-10 Temporary Traffic Control.............................................................. 51 2-01 Clearing, Grubbing, and Roadside Cleanup ............................ 52 30 2-02 Removal of Structures and Obstructions ............. .............................. 52 2-03 Roadway Excavation and Embankment .................................... 53 2-07 Watering ............ 53 33 5,04 Asphalt Concrete Pavement 54 8-14 Cement Concrete Sidewalks ............................................ 57 8-22 Pavement Marking. ..... ..... ............ ........ . ....... ..... 58 36 8-30 Repair or Replacement (New Section) ........................ 58 9-03 Aggregates 58 39 (For Required Contract Provisions FHWA Form 1273 See Specification Section 00950) 42 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site improvements 02000-4 DESCRIPTION OF THE WORK 3 This work will consist of furnishing all labor, materials and equipment required to construct 6 approximately 1800 feet of 12 feet wide by 0.2 foot thick Class "A" asphalt and 0.4 foot crushed surfacing base coarse pathway on the east side of 40th Ave. and Powerhouse Rd., between the intersection of 40th Ave. and River Rd. and approximately 500 feet southeast of 40th Ave. and 9 Powerhouse Rd. intersection and approximately 80 feet of rt .a feet wide concrete sidewalk and cutting existing concrete curb and gutter for handicap access construction. All in accordance with the Plans and Specifications as prepared by the Architect of Record. 12 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-5 STANDARD SPECIFICATIONS 3 The 2000 Standard Specifications for Road, Bridge, and Municipal Construction published by the Washington State Department of Transportation and the Washington State Chapter of the American 6 Public Works Association, by this reference, are made a part of these Contract Documents. Except as may be amended, modified, or supplemented hereinafter, each section of the Standard Specifications shall be considered as much a part of these Contract Documents as if they were 9 actually set forth herein. The APWA Supplement to Division 1 (Division 1-99) of the 2000 Standard Specifications for Road, 12 Bridge, and Municipal Construction will apply to this Contract. 15 18 INTRODUCTION The following Amendments and Special Provisions shall be used in conjunction with the 2000 21 Standard Specifications for Road, Bridge, and Municipal Construction (English). 24 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-6 3 AMENDMENTS TO THE STANDARD SPECIFICATIONS The following Amendments to the Standard Specifications are made a part of this contract and 6 supersede any conflicting provisions of the Standard Specifications. For informational purposes, the date following each Amendment title indicates the implementation date of the Amendment or the latest date of revision. Each Amendment contains all current revisions to the applicable section of the Standard Specifications and may include references which do not apply to this particular project. 12 SECTION 1-01, DEFINITIONS AND TERMS June 26, 2000 A 1-01.2(1) Associations and Miscellaneous This section is supplemented with the following: 18 FOP Field Operating Procedure WAQTC Western Alliance for Quality Transportation Construction 21 SOP Standard Operating Procedure 1-02, BID PROCEDURES AND CONDITIONS 24 February 5, 2001 1-02.8(1) Noncollusion Declaration In the first sentence of the second paragraph the reference to "23 CFR Part 635.107(i)(1)" is revised 27 to read "23 CFR 635.112(f)''. In the third sentence of the second paragraph the reference to "23 CFR Part 635.107(i)" is revised to 30 read "23 CFR 635.112(f)(1)' SECTION 1-04, SCOPE OF THE WORK 33 February 5, 2001 1-04.4 Changes 36 In the third paragraph, "8" is revised to read as follows: 39 8. When an item of work, as defined elsewhere in the contract, is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. For the purpose of this section, an item of work will be defined as any item that qualifies for adjustment 42 under the provisions of Section 1-04.6. This section is supplemented with the following: 45 1-04.4(1) Minor Changes 48 Payments or credits for changes amounting to $5,000 or less may be made under the bid item "Minor Change". At the discretion of the Contracting Agency, this procedure for Minor Changes may be used in lieu of the more formal procedure as outlined in Section 51 1-04.4, Changes. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-7 The Contractor will be provided a copy of the completed order for Minor Change. The agreement for the Minor Change will be documented by signature of the Contractor, or 3 notation of verbal agreement. If the Contractor is in disagreement with anything required by the order for Minor Change, the Contractor may protest the order as provided in Section 1-04.5. 6 Payments or credits will be determined in accordance with Section 1-09.4. For the purpose of providing a common proposal for all bidders, the Contracting Agency has 9 entered an amount for "Minor Change" in the Proposal to become a part of the total bid by the Contractor. 12 SECTION 1-06, CONTROL OF MATERIAL June 26, 2000 15 1-06.2(1) Samples and Tests for Acceptance In the first paragraph, the last sentence is revised to read as follows_ 18 Samples not taken by or in the presence of the Engineer or Qualified Tester will not be accepted for test, unless the Engineer permits otherwise_ 21 In the fourth paragraph, the last sentence is revised by the following: The Engineer will respond in writing within three working days of the receipt of the 24 Contractor's written communications. In the fifth paragraph, the first and second sentences are revised by the following: 27 All field and laboratory and materials testing by the Engineer will follow methods described in the contract documents or in the Washington State Department of Transportation Materials 30 Manual, using qualified testing personnel and calibrated or verified equipment. The following provisions will apply when the Contracting Agency uses the specifications or methods from the sources named below: 33 The fifth paragraph is supplemented with the following: 36 WAQTC - Western Alliance for Quality Transportation Construction. The WAQTC designation number refers to this alliance's latest adopted or tentative standard. The standard or tentative standard in effect on the bid advertising date will apply in each case. The 39 Contracting Agency will consider them as in effect 60 calendar days after publication. Copies of any separate WAQTC testing method may be obtained from: The WSDOT Quality 42 Systems Manager, Field Operations Support Service Center, Materials Laboratory, PO Box 47365, Olympia, Washington, 98504-7365. 45 SECTION 1-07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC February 5, 2001 48 1-07.8 High Visibility Apparel In the second paragraph, (1) is revised to read as follows: 51 (1) when personnel are out of view of, or not exposed to traffic, 1-07.11 Requirements For Non-discrimination 54 This section is supplemented with the following: 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements Q2000-8 1-07.11(2)A Equal Employment Opportunity Responsibilities 3 Title VI Responsibilities During the performance, this contract, the Cont actor , for itself, its assignees nd During vl.I of this 6 successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance With Regulations 9 The (Lnntra,4nr shall rnn.r k, ,with the Regulations relative +n nendiscrimina+inn in y Illy Vi/I 1 LI NILJLLJI shall LN111j./Ir ••1\Il LIIL.. IS1 LAICALIV1ilJ relative vv Lv 1l Fl 1Y1.JV11111111G LIVl 1 111 federally assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to 12 time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1 F ? NrvIrlierriminatinn 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 18 retention of subcontractors, 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 21 practices when the contract covers a program set forth in Appendix 8 of the Regulations. 24 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the 27 Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the 30 Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 33 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, 36 accounts, other sources of information, and its facilities as may be determined by the Washington State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders 39 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 the Washington State Department of Transportation, or the Federal 42 Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 45 5. Sanctions for Noncompliance In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Washington State Department of Transportation shall impose 48 such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 51 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 54 2. Cancellation, termination, or suspension of the contract, in whole or in 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-9 part. 3 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless 6 exempt by the Regulations, or directives issued pursuant thereto The Contractor shall take such action with respect to any subcontractor or procurement as the Washington State Department of Transportation or the Federal Highway 9 Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. 12 Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the Washington State Department of 15 Transportation enter into such litigation to protect the interests of the state and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 18 1-07.11(6) Incorporation of Provisions The first sentence is revised to read as follows - 21 The Contractor shall include the provisions of Section 1-07.11(2) Contractual Requirements (1) through (4) and the Section 1-07.11(5) Sanctions in every subcontract including 24 procurement of materials and leases of equipment. 1-07.11(10)B Required Records and Retention 27 This section is revised to read as follows: All records must be retained by the Contractor for a period of three years following completion 30 of the contract work. All records shall be available at reasonable times and places for inspection by authorized representatives of either the Washington State Department of Transportation or the Federal Highway Administration. 33 Federal -Aid Highway Construction Contractors Annual EEO Report FHWA #1391. This form is required for all federally assisted projects provided the contract is 36 equal to or greater than $10,000 and for every associated subcontract equal to or greater than $10,000. Each contract requires separate reports filed for the Contractor and each subcontractor (subject to the above noted criteria). These forms are due by August 25th in 39 every year during which work was performed in July. The payroll period to be reflected in the report is the last payroll period in July in which work was performed. This report is required of each Contractor and subcontractor for each federally assisted contract on which the 42 Contractor or subcontractor performs work during the month of July. Monthly Employment Utilization Reports 45 WSDOT form #820-010. This form is required for all federally assisted projects if the contract is equal to or greater then $10,000 and for every associated subcontract equal to or greater than $10,000. These monthly reports are to be maintained in the respective 48 Contractor or subcontractor's records. In addition, for contracts with a value of $100,000 or more, the Contractor shall submit copies 51 of the completed WSDOT form 820-010 to the Contracting Agency by the fifth of each month throughout the term of the contract. The Contractor shall also collect and submit these forms monthly from every subcontractor who holds a subcontract with a value of $100,000 or more. 54 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-10 Failure to submit the required reports by their due dates may result in the withholding of progress estimate payments. 3 1-07.17 Utilities and Similar Facilities The second paragraph is revised to read: 6 Chapter 19.122 of the Revised Code of Washington (RCW) relates to underground utilities. In accordance with this RCW, the Contractor shall call the One -Number Locater Service for 9 field location of utilities. If no locator service is available for the area, notice shall be provided individually to those owners of utilities known to, or suspected of, having underground facilities within the area of the proposed excavation. 12 1-07.19 Gratuities This section is supplemented with the following: 15 The Contractor shall comply with all applicable sections of the State Ethics law, RCW 42.52, which regulates gifts to State officers and employees Under that statute, any Contracting 18 Agency officer or employee who has or will participate with the Contractor regarding any aspect of this Contract is prohibited from seeking or accepting any gift, gratuity, favor or anything of economic value from the Contractor. Accordingly, neither the Contractor nor any 21 agent or representative shall offer anything of economic value as a gift, gratuity, or favor directly or indirectly to any such officer or employee. 24 1-07.22 Use of Explosives In the second paragraph, the reference to "WAC 295-52" is revised to "WAC 296-52". 27 SECTION 1-08, PROSECUTION AND PROGRESS February 5, 2001 1-08.1 Subcontracting 30 The 7th paragraph is revised to read as follows: On all projects funded with Contracting Agency funds only, the Contractor shall certify to the 33 actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the contract. This Certification shall be submitted to the Project 36 Engineer on WSDOT form 421-023, "Annual Report of Amounts Paid as MBE/WBE Participants", annually for the State fiscal year July 1 through June 30, or through physical completion of the contract, whichever occurs earliest. The report is due July 20th following 39 the fiscal year end or 20 calendar days after physical completion of the contract. The 7th paragraph is supplemented with the following: 42 On all projects funded with both Contracting Agency funds and Federal assistance the Contractor shall submit a "Quarterly Report of Amounts Credited as DBE Participation" on a 45 quarterly basis for every quarter in which the contract is active (work is accomplished) 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. When required, this 48 "Quarterly Report of Amounts Credited as DBE Participation" is in lieu of WSDOT form 421- 023, "Annual Report of Amounts Paid as MBEIWBE Participants". 51 This section is supplemented with the following: 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 Chesterley Park Site Improvements 02000-11 Subcontract Completion and Return of Retainage Withheld The following procedure shall apply to all subcontracts entered into as a part of this Contract: Requirements 1. The subcontractor shall make a written request to the Contractor for the release of the subcontractor's retainage or retainage bond. 2. Within ten (10) working days of the request, the Contractor shall determine if the subcontract has been satisfactorily completed and shall inform the subcontractor, in writing, of the Contractor's determination. 12 3. If the Contractor determines that the subcontract has been satisfactorily completed, the subcontractor's retainage or retainage bond shall be released by the Contractor within ten (10) working days from the date of the written notice. 15 4. If the Contractor determines that the subcontractor has not achieved satisfactory completion of the subcontract, the Contractor must provide the subcontractor with 18 written notice, stating specifically why the subcontract work is not satisfactorily completed and what has to be done to achieve completion. The Contractor shall release the subcontractor's retainage or retainage bond within eight (8) working days 21 after the subcontractor has satisfactorily completed the work identified in the notice. 5 In determining whether satisfactory completion has been achieved , the Contractor 24 may require the subcontractor to provide documentation such as certifications and releases, showing that all laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full_ 27 The Contractor may also require any documentation from the subcontractor that is required by the subcontract or by the Contract between the Contractor and Contracting Agency or by law such as affidavits of wages paid, material acceptance certifications 30 and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. 33 • 6. If the Contractor fails to comply with the requirements of the specification and the subcontractor's retainage or retainage bond is wrongfully withheld, the subcontractor may seek recovery against the Contractor under applicable prompt pay statutes in 36 addition to any other remedies provided for by the subcontract or by law. Conditions 39 1. This clause does not create a contractual relationship between the Contracting Agency and any subcontractor as stated in Section 1-08.1 Also, it is not intended to bestow upon any subcontractor, the status of a third -party beneficiary to the Contract between 42 the Contracting Agency and the Contractor. 2. This section of the Contract does not apply to retainage withheld by the Contracting 45 Agency from monies earned by the Contractor. The Contracting Agency shall continue to process the release of that retainage based upon the completion date of the project as defined in 1-08.5 Time for Completion and in accordance with the requirements and 48 procedures set forth in chapter 60.28 RCW. Payment 51 The Contractor will be solely responsible for any additional costs involved in paying retainage to the subcontractors prior to total project completion. Those costs shall be incidental to the respective bid items. 54 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 Chester ley Park Site improvements 02000-12 1-08.5 Time For Completion Item "c" in the 7th paragraph is revised to read as follows: c. Annual Report of Amounts Paid as MBEIWBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. SECTION 1-09, MEASUREMENT AND PAYMENT February 5, 2001 9 1-09.1 Measurement of Quantities The method of measurement for "Square Yard or Square Foot" is revised to read as follows: 12 Square Yard or Square Foot - the measurement shall be a calculation from the neat dimensions shown in the Plans or as altered by the Engineer If there is an exception within the measured area where the item of work is not performed (such as a drainage vault within a 15 measured sidewalk) and if the exception area is greater than 9 square feet, then the area of the exception will be subtracted from the payment area calculated from the neat dimensions. 18 1-09.6 Force Account This section is revised to read as follows: 21 The terms of the contract or of a change order may rail for work or material to be paid for by force account. If so, then the objective of "this specification is to reimburse the Contractor for all costs associated with the work, including costs of labor, small tools, supplies, equipment, 24 specialized services, materials, applicable taxes and overhead and to include a profit commensurate with those costs. The amount to be paid shall be determined as shown below. 27 1. For 1 abor Labor reimbursement calculations shall be based on a "Project Labor List" (List,) prepared and submitted by the Contractor and by any subcontractor before that firm commences force account work. Once a List is approved by the Engineer, it shall be 30 used to calculate force account labor payment until a new List is submitted and approved, The Engineer may compare the List to payrolls and other documents and may, at any time, require the Contractor to submit a new List. The Contractor may submit a new List 33 at any time without such a requirement. Prior payment calculations shall not be adjusted as a result of a new List. 36 To be approved, the List must be accurate and meet the requirements of this section. It shall include regular time and overtime rates for all employees (or work classifications) expected to participate in force account work. The rates shall include the basic wage and 39 fringe benefits, the current rates for Federal Insurance Compensation Act (FICA), Federal Unemployment Tax Act (FUTA) and State Unemployment Tax Act (SUTA), the company's present rates for Medical Aid and Industrial Insurance premiums and the planned 42 payments for travel and per diem compensation. The rates may also include an allocation of costs of safety and health testing, This allocation shall assure that the amount included for force account is reasonably proportional to the total costs applied to 45 all work. In the event that an acceptable initial List or requested revised List is not received by the 48 time that force account calculations are begun, the Engineer will develop a List unilaterally, utilizing the best data available, that will be used until a Contractor's List is received and approved. Again, prior calculations, prepared using the Engineer's List, will 51 not be revised as a result of differences with the Contractor's List. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-13 The hourly rates established in the current "Project Labor LiSt" shall be applied to the hours of work recorded by the Engineer. The hours of work shall include all hours that 3 are contractual obligations of the Contractor or are customary payments by the Contractor to all employees. 6 In addition to compensation for direct labor costs defined above, the Contracting Agency will pay the Contractor 26 percent of the sum of the costs calculated for labor reimbursement to cover project overhead, general company overhead, profit, bonding, 9 insurance, Business & Occupation tax, and any other costs incurred. 2. For Materials- The Contracting Agency will reimburse invoice cost for Contractor - 12 supplied materials. For the purpose of this provision, "Materials" shall include those items incorporated into the work, supplies used during the work and items consumed. This cost shall include freight and handling charges and applicable taxes. Before work is started, 15 the Engineer may require the Contractor to obtain multiple quotations for the materials to be utilized and select the vendor with prices and terms most advantageous to the Contracting Agency. 18 The Contracting Agency will provide a list of the types and quantities of Contractor - supplied materials witnessed by the Contracting Agency as being utilized in force account 21 work. The list will be fumished promptly after the material is incorporated, on a daily basis unless agreed otherwise. The Contractor may propose corrections to the list and will supply prices for the materials and other costs and return the list to the Contracting 24 Agency To support the prices, the Contractor shall attach valid copies of vendor invoices. If invoices are not available for materials from the Contractor's stocks, the Contractor shall certify actual costs (at a reasonable level) by affidavit. The Engineer will 27 review the prices and any Contractor -proposed corrections and, if reasonable, approve the completed list, Once approved, the prices will be utilized in the calculation of force account reimbursement for materials_ 30 If, in the case of non -invoiced materials supported by Contractor affidavit, the price appears to be unreasonable, the Engineer will determine the cost for all or part of those 33 materials, utilizing the best data available. The Contracting Agency reserves the right to provide materials. In this case, the 36 Contractor will receive no payment for any costs, overhead, or profit arising from the value of the materials themselves. Additional costs to handle and place the Agency - furnished material shall be compensated as described in this specification. 39 In addition to compensation for direct materials cost, the Contracting Agency will pay the Contractor 21 percent of the sum of the costs calculated for materials reimbursement to 42 cover project overhead, general company overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. 45 3 For Fgiiipment. The Contracting Agency will reimburse the Contractor for the cost of equipment utilized in the work. The equipment provided by the Contractor shall be of modern design and in good working condition. For the purpose of this provision, 48 "provided" shall mean that the equipment is owned (either through outright ownership or through a long-term lease) and operated by the Contractor or Subcontractor or that the equipment is rented and operated by the Contractor or Subcontractor. Equipment that is 51 rented with operator shall not be included here, but shall be considered a service and addressed according to section 4 of this provision. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-14 The amount of payment for any Contractor -owned equipment that is utilized shall be determined according to the version of the AGC/WSDOT Equipment Rental Agreement 3 which is in effect at the time the force account is authorized. The rates listed in the Rental Rate Blue Book (as modified by the current AGC/WSDOT Equipment Rental Agreement) shall be full compensation for all fuel, oil, lubrication, ordinary repairs, 6 maintenance, and all other costs incidental to furnishing and operating the equipment except labor for operation. 9 Payment for rented equipment will be made on the basis of a valid invoice, covering the time period of the work. Before work is started, the Engineer may require the Contractor to obtain multiple quotations for the rental of equipment to be utilized and select the 12 vendor with prices and terms most advantageous to the Contracting Agency In addition to the payments for Contractor -owned and rented equipment, one or more 15 lump -sum payments may be made for small tools The amount to be paid shall be determined as outlined in the AGC/WSDOT Equipment Rental Agreement. 18 The Contracting Agency will add 21 percent to equipment costs to cover project overhead, general company overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. This markup will be over and above those equipment 21 costs and will not be adjusted for any equipment overhead amounts included in the Blue Book rates 24 Current copies of the Rental Rate Blue Book and the AGC/"vvSDO T Equipment Rental Agreement will be maintained at each Region office of the Department of Transportation (Compact Disk Version) and at each of the offices of the Associated General Contractors 27 of America (in Seattle, Spokane, Tacoma, and Wilsonville, Oregon) where they are available for inspection. 30 4. For Services- Compensation under force account for specialized services shall be made on the basis of an invoice from the providing entity. A "specialized service" shall be one which is typically billed through invoice in standard industry practice. Before work is 33 started, the Engineer may require the Contractor to obtain multiple quotations for the service to be utilized and select the provider with prices and terms most advantageous to the Contracting Agency. 36 Except as noted below, the Contracting Agency will pay the Contractor an additional 21 percent of the sum of the costs included on invoices for specialized services to cover 39 project overhead, general company overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. 42 When a supplier of services is compensated through invoice, but acts in the manner of a subcontractor, as described in Section 6 of this provision, then markup for that invoice shall be according to Section 6. "Contractor Markup on Subcontractors' Work". 45 5. For Mobjli7atiorr Force account mobilization is defined as the preparatory work performed by the Contractor including procurement, loading and transportation of tools 48 and equipment, and personal travel time (when such travel time is a contractual obligation of the Contractor or a customary payment for the Contractor to all employees). Mobilization also includes the costs incurred during demobilization. Pro -rata 51 adjustments may be made when the mobilization applies to both force account and other contract work The Contracting Agency will pay for mobilization for off-site preparatory work for force account items provided that notice has been provided sufficiently in 54 advance to allow the Engineer to witness the activity, if desired. 1066,03 Canal Pathway Standard Specifications and Contract Provisions 3 Chesterley Park Site Improvements 02000-15 Any costs experienced during mobilization activities for labor, equipment, materials or services shall be listed in those sections of the force account summary and paid accordingly. 6 6 For Contractor Markup pn Subcontractor's Work. When work is performed on a force account basis by one or more approved subcontractors, by lower -tier subcontractors or suppliers, or through invoice by firm(s) acting in the manner of a subcontractor, the 9 Contractor will be allowed an additional markup, from the table below, applied to the costs computed for work done by each subcontractor through Sections 1, 2, 3, and 4, to compensate for all administrative costs, including project overhead, general company 12 overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. 15 A firm may be considered to be acting as a subcontractor when the Engineer observes one or more of the following characteristics: 18 21 • The person in charge of the firm's activities takes an active role in managing the overall project, including extensive coordination, interpretation of plans, interaction with the Contracting Agency or management of a complex and inter- related operation. • Rented equipment is provided fueled, operated and maintained by the firm. 24 Operators of rented equipment are supervised directly by the firm's representative. There is little interaction between the Contractor and the employees of the firm. 27 • The firm appears to be holding the risk of performance and quality of the work. 30 • The firm appears to be responsible for liability arising from the work. Markups on Work Performed by Subcontractor(s)- 33 1. On amounts paid for work performed by each Subcontractor on each force account and calculated through Sections 1-4 up to $25,000 12% 2. On amounts greater than $25,000 up to $100,000 10% 3. On amounts greater than $100,000 7% The amounts and markup rates shall be calculated separately for each subcontractor on each 36 force account item established. The payments provided above shad be full payment for all work done on a force account 39 basis. The calculated payment shall cover all expenses of every nature, kind, and description, including those listed above and any others incurred on the work being paid through force account. Nothing in this provision shall preclude the Contractor from seeking 42 an extension of time or time -related damages to unchanged work arising as a result of the force account work. The amount and costs of any work to be paid by force account shall be computed by the Engineer, and the result shall be final as provided in Section 1-05.1. 45 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 9 12 15 18 21 24 27 30 33 36 39 Chesterley Park Site Improvements 02000-16 An item which has been bid at a unit price or lump sum in the Proposal will not be paid as force account unless a change as defined in Section 1-04.4 has occurred and the provisions require a payment adjustment. Items which are included in the Proposal as Force Account or which are added by change order as Force Account may, by agreement of the parties at any time, be converted to agreed unit prices or lump sums applicable to the remaining work. 1.09.7 Mobilization This section is revised to read as follows: Mobilization consists of preconstruction expenses and the costs of preparatory work and operations performed by the Contractor which occur before 10 percent of the total original contract amount is earned from other contract items. Items which are not to be included in the item of Mobilization include but are not limited to: 1. Any portion of the work covered by the specific contract item or incidental work which is to be included in a contract item or items. 2. Profit, interest on borrowed money, overhead, or management costs. 3. Any costs of mobilizing equipment for force account work. Based on the lump sum contract price for "Mobilization," partial payments will be made as follows: 1. When 5 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 50 percent of the amount bid for mobilization, or 5 percent of the total original contract amount, whichever is the least, will be paid. 2. When 10 percent of the total original contract amount is earned from other contract items, excluding amounts paid for materials on hand, 100 percent of the amount bid for mobilization, or 10 percent of the total original contract amount, whichever is the least, will be paid. 3 When the physical completion date has been established for the project, payment of any amount bid for mobilization in excess of 10 percent of the total original contract amount will be paid. Nothing herein shall be construed to limit or preclude partial payments otherwise provided by the contract. SECTION 1-10, TEMPORARY TRAFFIC CONTROL October 2, 2000 1-10.2(3) Conformance to Established Standards The section is revised to read as follows: Flagging, signs, and all other traffic control devices furnished or provided shall conform to the standards established in the latest adopted edition of the "Manual on Uniform Traffic Control Devices" (MUTCD) published by the U.S. Department of Transportation and the Modifications to the MUTCD for Streets and Highways for the State of Washington. Copies of the MUTCD may be purchased from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Modifications to the MUTCD for Streets and Highways for the State of 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-17 Washington may be obtained from the Department of Transportation, Olympia, Washington 98504. In addition to the standards of the MUTCD described above, the Contracting Agency has scheduled the implementation of crashworthiness requirements for all workzone devices The National Cooperative Highway Research Project (NCHRP) Report 350 has established requirements for crash testing. Workzone devices are divided into four categories. Each of those categories and the schedule for implementation is described: Category 1 includes those items that are small and lightweight, channelizing, and delineating devices that have been in common use for many years and are known to be crashworthy by crash testing of similar devices or years of demonstrable safe performance. These include cones, tubular markers, flexible delineator posts, and plastic drums with no attachments. All Category 1 devices used by the project shall meet the requirements of NCHRP 350 as certified by the manufacturer of the device The Contractor shall obtain the manufacturer's certification documentation for all such devices purchased and shall keep the documentation available for inspection throughout the life of the project. Category 2 includes devices that are not expected to produce significant vehicular velocity change, but may otherwise be hazardous. Examples of this class are barricades, portable sign supports and signs, intrusion alarms and vertical panels Any new Category 2 device purchased after October 1, 2000 shall meet the requirements of NCHRP 350 Existing equipment, purchased prior to October 1, 2000, may be used on the project until December 31, 2007. For the purpose of definition, a sign support and sign shall be considered a single unit. A new sign may be purchased for an existing sign support and the entire unit will be defined as "existing equipment." The contract documents will contain provisions that list all Category 2 devices deemed compliant with NCHRP 350 and acceptable for use on the project. The Contractor may select from that list when obtaining new equipment or may submit other products for the Engineer's consideration. Category 3 is for hardware expected to cause significant velocity changes or other potentially harmful reactions to impacting vehicles. Barriers, fixed sign supports, crash cushions, truck mounted attenuators (TMA's) and other work zone devices not meeting the definitions of Category 1 or 2 are examples from this category. Many Category 3 devices are defined in the design of the project. Where this is the case, NCHRP 350 requirements have been incorporated into the design and the Contractor complies with the requirements by constructing according to the plans and specifications. Where the device is a product chosen by the Contractor, the device chosen must be compliant with the requirements of NCHRP 350. Category 4 includes portable or trailer -mounted devices such as Arrow Displays, Temporary Traffic Signals, Area Lighting Supports, and Portable Changeable Message Signs. After October 1, 2002, this class of devices may only be used if they are placed behind crashworthy barriers or shielded with Truck -Mounted attenuators or crash cushions The condition of signs and traffic control devices shall be new or "acceptable" as defined in the book Quality Standards for Work Zone Traffic Control Devices, and will be accepted based on a visual inspection by the Engineer. The Engineer's decision on the condition of a sign or traffic control device shall be final. When a sign or traffic control device becomes classified as "not acceptable" it shall be removed from the project and replaced within 12 hours. 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 91 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site Improvements 02000-18 SECTION 2-02, REMOVAL OF STRUCTURES AND OBSTRUCTIONS March 6, 2000 2-015 Payment This section is supplemented with the following: If pavements, sidewalks, or curbs fie within an excavation area, their removal will be paid for as part of the quantity removed in excavation. SECTION 2-03, ROADWAY EXCAVATION AND EMBANKMENT June 26, 2000 2-03.3(14)D Compaction and Moisture Control Tests This section is revised to read as follows: Maximum density for materials with 30 percent or more, by weight retained on the U.S. No. 4 sieve shall be determined using WSDOT Test Method No. 606. The maximum density and optimum moisture for materials with Tess than 30 percent, by mass, retained on the U.S. No. 4 sieve shall be determined using WAQTC FOP for AASHTO T 99. In place density will be determined using WAQTC FOP for TM 7 and WSDOT SOP for T 615. The moisture content will be determined using WSDOT FOP for AASHTO Test Method T 217, or WSDOT FOP for AASHTO Test Method T 255. SECTION 3-02, STOCKPILING AGGREGATES June 26, 2000 3-02,3(1) Asphalt Concrete Aggregates This section is deleted. SECTION 5-04, ASPHALT CONCRETE PAVEMENT June 26, 2000 5-04.3(8) Mixing 1n the second paragraph, the last sentence is deleted. 5-04.3(8)A Acceptance Sampling and Testing Section 3.A.(2) the reference to "WSDOT Test Method 712" is revised to "WAQTC FOP for AASHTO T 168". Section 3 C, the referenced sieve sizes for deviation are revised to read as follows* No. 4 sieve and larger No. 6 sieve to No. 80 sieve No. 100 and No. 200 sieve Asphalt % ±4 percent +2 percent ±0.4 percent ±0.3 percent Section 3.D is revised to read as follows. Test Methods. Acceptance testing for compliance of asphalt content will be WSDOT FOP for AASHTO Test Method T 308. 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 Chesterley Park Site Improvements 02000-19 Acceptance testing for compliance of gradation will be WAQTC FOP for ASHTO T 30. 5-04.3(10)B Control In the first paragraph, the reference to "AASHTO T 209." Is revised to read as follows: WSDOT FOP for AASHTO T 209. In the first paragraph, the reference to "WSDOT Test Method 715" is revised to "WAQTC FOP TM 8 and WSDOT SOP T 729". SECTION 8-01, EROSION CONTROL June 26, 2000 8-01.3(4)C Liming This section is supplemented with the following: Liming shall be applied in a separate operation after the application of seed, fertilizer and mulch. 12 SECTION 9-00, DEFINITIONS AND TESTS June 26, 2000 15 9-00.4 Sieve Analysis of Aggregates This section is revised to read as follows: 18 Sieve analysis for acceptance of aggregate gradation shall be performed by procedures described in the WAQTC FOP for AASHTO T 27/11. 21 9-00.8 Sand Equivalent This section is revised to read as follows - 24 The sand equivalent will be the average of duplicate determinations from a single sample. The sand equivalent sample will be prepared in accordance with the WSDOT Field Operating 27 Procedure (FOP) for AASHTO T 176, Alternate Method 2, the pre -wet condition. 9-00.9 Field Test Procedures 30 This section is revised to read as follows: Field test procedures may be either a WSDOT procedure or a Field Operating Procedure 33 (FOP) for an AASHTO, ASTM, or WAQTC test procedure. A Field Operating Procedure is a technically equivalent abridged version of an AASHTO, ASTM, or WAQTC test procedure for use in field conditions. 36 SECTION 9-02 BITUMINOUS MATERIALS June 26, 2000 39 9-02.1(1) Vacant This section is revised to read as follows: 42 9-02.1(1) Test Methods The following WSDOT test methods have been converted to the listed AASHTO test 45 methods. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-20 WSDOT AASHTO Test Test 3 Characteristics Method Methods Penetration 201 T 49 6 Kinematic Viscosity 202 T 201 Absolute viscosity 203 T 202 Cleveland Open Cup 206 T 48 9 Tag Open Cup 207 -T 79 RTFC Procedure 208 T 240 Distillation 211 T 78 12 Emulsified Asphalts 212 T 59 Ductility 213 T 51 Solubility 214 T 44 15 Water Content 217 T 55 9-02.1(5) Recycling Agent 18 This section is revised to read as follows - Recycling agents shall conform to the following requirements: 21 HOT Mix Recycling Agents Note 1 Test RA 5 RA 25 24 Test Method Min. Max. Min. Max. Original Test Viscosity at 140 F cst AASHTO T 201 200 800 1,000 4,000 27 or AASHTO T 202 Flashpoint COC, F AASHTO T 48 204 --- 425 --- 30 Saturates, Wt. % ASTM D2007 --- 30 --- 30 Specific Gravity AASHTO T 228 Report Report or 33 ASTM D1298 Residue Test from RTFC AASHTO T 240 Viscosity Ratio Note 2 --- 3 3 36 Mass Change ± % --- --- 4 -- 3 Note 1: The final acceptance of recycling agents meeting this specification is subject to the 39 compliance of the reconstituted asphalt blends with current asphalt specifications. Note2: Viscosity Ratio = RTFC; Viscosity et 140 F. cst 42 Original Viscosity at 140 F, cst 45 HOT Mix Recycling Agents Note 1 ASTM 48 Test RA 75 RA 250 RA 500 Test Method Min. Max. Min. Ma Min. Max. Original Test 51 Viscosity at 140 F, cst AASHTO T 201 5,000 10,000 15,000 35,000 40,000 60,000 or 54 AASHTO T 202 1066,03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-21 Flashpoint COC, F AASHTO T 48 450 — 450 450 Saturates, Wt. % ASTM D2007 — 30 --- 30 --- 30 3 Specific Gravity AASHTO T 228 Report Report Report or ASTM D1298 6 Residue Test from RTFC AASHTO T 240 Viscosity katio Note 2 --- 3 3 3 9 Weight Change + % 2 2 2 12 Note 1 The final acceptance of recycling agents meeting this specification is subject to the compliance of the reconstituted asphalt blends with current asphalt specifications. 15 Note2: Viscosity Ratio = RTFC Viscosity at140 F. cst Original Viscosity at 140 F, cst 18 9-02.1(8) Hot Melt Traffic Button Adhesive This section is revised to read as follows: 21 The bitumen adhesive material shall conform to the following requirements. Test 24 Specification Method Requirement Flash Point, COC F AASHTO T 48 550 Min. Softening Point, F AASHTO T 53 200 Min. 27 Brookfield Viscosity, 400 F ASTM D 2196 7,500 cP, Max. Penetration, 100g, 5 sec, 77 F AASHTO T 49 10-20 dmm Filler Content, % by weight 30 (Insoluble in 1,1,1 Trichloroethane) ASTM D 2371 50-75 Filler material shall be calcium carbonate and shall conform to the following fineness: 33 Sieve Size Percent Passing No.100 100 36 No. 200 95 No. 325 75 39 Hot melt bitumen adhesive shall develop bond pull -off strength greater than 100 psi between 0 F and 120 F. 42 SECTION 9-03, AGGREGATES February 5, 2001 9-03.1(1) General Requirements 45 This section is revised to read as follows: Portland cement concrete aggregates shall be manufactured from ledge rock, talus, or sand and 48 gravel in accordance with the provisions of Section 3-01. Aggregates found to be potentially reactive per AASHTO T 303 or ASTM C 1260 shall require 51 mitigating measures. Aggregates for use in Commercial Concrete as defined in 6-02.3(2)B shall not require mitigation. Expansions greater than 0.10 percent determined according to AASHTO T 303 or ASTM C 1260 will be considered to be potentially reactive. The Contracting Agency 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-22 will conduct AASHTO T 303 in order to determine the potential reactivity of the aggregates, all other testing is the responsibility of the Contractor. 3 Mitigating measures shall include the use of low alkali cement per 9-01.2(3) and may include the use of fly ash, lithium compound admixtures, or other material as approved by the Engineer. 6 The Contractor shall submit evidence in the form of test results from ASTM C 1260 or AASHTO T 303 that demonstrate the proposed mitigation when used with the aggregates proposed will control the potential expansion before the aggregate source may be used in concrete If fly ash 9 is used, the Contractor shall provide test results from ASTM C 441 that show the fly ash does not cause an expansion reaction greater than that of the comparison control mixture prepared with cement of alkali between 0.40 and 0.60 percent. 12 Mitigating measures will not be required if the Contractor provides test results from ASTM C 1293 or ASTM C 295 that indicate the aggregate is not reactive. An expansion of less than 0.04 15 percent per ASTM C 1293 or an aggregate composition containing less than the following materials per ASTM C 295 will be considered evidence that the aggregates are not reactive. 18 Mineral Limit Optically strained, microfractured, or microcrystalline quartz 5.0% (max.) 21 Chert or chalcedony 3.0% (max.) Tridymite or cristobalite 1.0% (max.) Opal 0.5% (max.) 24 Natural volcanic glass 3 0% (max.) All these mineral limits are based on the total aggregate sample. 27 9-03.1(4)A Deleterious Substances In the second paragraph the reference to "WSDOT Method 103" is revised to "WAQTC FOP for TM 30 1". 9-03.1(4)C Grading 33 In paragraph one, the column "Passing Sieve Size" is revised to read as follows: Passing 36 Sieve Size 2" square 1 1/2" square 39 1" square 3/4" square 1/2" square 42 3/8" square U.S. No. 4 U S. No. 8 45 U.S. No. 16 9-03.1(5) Combined Aggregate Gradation for Portland Cement Concrete 48 Aggregates shall consist of sand, gravel, crushed stone, or other inert material or combinations thereof, having hard, strong durable particles free from adherent coatings. Aggregates shall be washed to remove clay, loam, alkali, organic matter, silt, bark, sticks, or other deleterious matter. 51 9-03.1(5)A Deleterious Substances The amount of deleterious substances in the washed aggregate shall not exceed the following values: 54 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site Improvements 02000-23 1. Particles of specific gravity less than 1.95 2.0 percent by weight 2. Organic matter, by colorimetric test, shall not be darker than the reference Standard color (organic plate No. 3) AASHTO T21 unless other tests prove a darker color to be harmless. 3. Aggregates retained on the U.S No. 4 sieve shall not have a percentage of wear in Los Angeles machine in excess of 35 after 500 revolutions. 4 Clay lumps 5. Shale 6. Wood Waste 7. Amount finer than U.S. No. 200 0.3 percent by weight 1.00 percent by weight 0.03 percent by weight 2.0 percent by weight 9-03.1(5)B Grading If a maximum aggregate size is not specified, the Contractor shall determine the maximum aggregate size, using ACI 211 1 as a guide. In no case will the maximum aggregate size exceed one-fifth of the narrowest dimension between sides of the forms, one-third the depth of slabs, nor three-fourths of the minimum clear spacing between individual reinforcing bars, bundles of bars, or pretensioning strands. The combined aggregate gradation when plotted on the 0.45 power chart shall be between two lines The 0.45 power chart has a vertical axis that is the percent passing and a horizontal axis that is the sieve size raised to the 0.45 power. One line is defined as a line that passes through the point defined as 0 percent passing at the U.S No. 100 sieve size and the point defined as 100 percent passing at the maximum aggregate sieve size. The other line is defined as a line that passes through the origin and the point defined as 100 percent passing two standard sieve sizes down from the maximum aggregate sieve. The Contracting Agency may sample each component aggregate prior to introduction to the weigh batcher or as otherwise determined by the Engineer. Each separate component will be sieve analyzed alone per AASHTO procedures T-11/27. All material components will be mathematically re- combined by proportions (Weighted Average), supplied by the Contractor. 9-03.14(3) Common Borrow In the third paragraph the reference to "Standard Test Designation" is revised to "Test Method" 9-03.20 Test Methods for Aggregates This section is revised to read as follows: The properties enumerated in these Specifications shall be determined in accordance with the following methods of test: Title Sampling Organic Impurities Clay Lumps in Aggregates Abrasion of Coarse Aggregates by Use of the Los Angeles Machine Material Finer than U.S No. 200 Sieve in Aggregates Percent of Fracture in Aggregates Sieve Analysis of Fine and Coarse Aggregates Sand Equivalent Test for Surfacing Materials Determination of Degradation Value Test Method WSDOT FOP for AASHTO T 2 AASHTO T 21 AASHTO T 112 AASHTO T 96 AASHTO T 11 WAQTC FOP for TM 1 AASHTO T 27 WSDOT FOP for AASHTO T 176 Alternate Method 2, the pre -wet condition WSDOT T 113 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 Chesteriey Park Site Improvements 02000-24 Determination of Fineness Modulus Particle Size Analysis of Soils Stabilometer R Value, Untreated Materials Swell Pressure and Permeability Stabilometer S Value, Treated Materials Gradation of Aggregates in ACP Determining Stripping of Asphalt Concrete Compressive Strength of Concrete Flexural Strength of Concrete AASHTO T 27 AASHTO T 88 WSDOT T 611 WSDOT T 611 WSDOT T 703 WAQTC FOP for AASHTO T 30 WSDOT T 718 AASHTO T 22 WSDOT-T 802 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-25 9-03.21(2) Recycled Glass Aggregate 3 In the second paragraph the second sentence is revised to read as follows. Sieve analysis shall be conducted according to WAQTC FOP for AASHTO T 27/11 on at least a 6 quarterly basis by the product supplier. In the fourth paragraph the third sentence is revised to read as follows: 9 Sample collection shall be conducted according to WSDOT FOP for AASHTO T 2. 12 SECTION 9-23, CONCRETE CURING MATERIALS AND ADMIXTURES June 26, 2000 15 9-23.9 Fly Ash The reference to "Table 2" is revised to "Table 1A". 18 SECTION 9-23, CONCRETE CURING MATERIALS AND ADMIXTURES June 26, 2000 9-23.9 Fly Ash The reference to "Table 2" is revised to "Table 1 A". SECTION 9-25, WATER 21 June 26, 2000 9-25.1 Water for Concrete 24 This Section is revised to read as follows: Water for mortar or concrete shall be clear and apparently clean. If the water contains 27 substances that cause discoloration, unusual or objectionable smell or taste, or other suspicious content, the Engineer may require the Contractor to provide test results documenting that the water meets the physical test requirements and chemical limits 30 described in ASTM C94M Section 5 1 3, Tables 2 and 3. Water from mixer washout operations may be used in concrete provided it meets or exceeds the above criteria as well as the following additional requirements - 33 1 Concrete with water from mixer washout operations shall not be used in bridge roadway deck slabs, flat slab bridge superstructures, modified concrete overlays, or 36 prestressed concrete. 2. Specific Gravity shall not exceed 1.07. 39 3. Alkalies, expressed as [Na20+0.65$ K20], shall not exceed 600 ppm. 42 4. Shall be free of coloring agents. 5. If the wash water contains admixtures from different manufacturers, the Contractor 45 shall provide evidence that the combination of admixtures are compatible and do not adversely affect the air void system of the hardened concrete as per Section 6- 02.3(3) 48 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-26 6. All tests to verify that the physical and chemical requirements are met, shall be conducted on the following schedule: 3 a, The physical requirements shall be tested on weekly intervals for four weeks and thereafter on monthly intervals. 6 b. The chemical requirements shall be tested on monthly intervals. 9 c. The specific gravity shall be determined daily in accordance with ASTM D 1429, Test Method D. 12 The Contractor shall use the services of a Laboratory that has a equipment calibration!verification system, and a technician training and evaluation process per AASHTO O R-18 to conduct all tests. The laboratory shall use testing equipment that has been 15 calibrated/verified at least once within the past 12 months to meet the requirements of each test procedure in accordance with the appropriate section of AASHTO R-18. Documentation of tester qualifications and equipment verification records shall be maintained and available 18 for review by the Contracting Agency upon request. Agency reviews of the laboratory facility, testing equipment, personnel, and all qualification, calibration, and verification records will be conducted at the Contracting Agency's discretion. 21 SPECIAL PROVISION The following Special Provisions are made a part of this contract and supersede any conflicting provisions of the 2000 Standard Specifications for Road, Bridge and Municipal Construction (English), and the foregoing Amendments to the Standard Specifications. BID PROCEDURES AND CONDITIONS Preparation Of Proposal (September 5, 1995) On this project, the bidder will not be required to submit with the bid a list of: 1. Subcontractors, and 2. The work the subcontractors will perform. CONTROL OF MATERIAL Foreign Made Materials Section 1-06 is supplemented with the following: (March 13, 1995) The major quantities of steel and iron construction material that is permanently incorporated into the project shall consist of American-made materials only. The Contractor may utilize minor amounts of foreign steel and iron in this project provided the cost of the foreign material used does not exceed one-tenth of one percent of the total contract cast or $2,500 00 , whichever is greater. American-made material is defined as material having all manufacturing processes occur in the United States. The action of applying a coating to steel or iron is deemed a manufacturing process. Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other 106603 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-27 coating that protects or enhances the value of steel or iron. Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes. a. Open hearth furnace. b Basic oxygen. c. Electric furnace. d. Direct reduction. 2. Rolling, heat treating, and any other similar processing. 3. Fabrication of the products a. Spinning wire into cable or strand. b Corrugating and rolling into culverts. c. Shop fabrication. A certification of materials origin will be required for any items comprised of, or containing, steel or iron construction materials prior to such items being incorporated into the permanent work. The certification shall be on DOT Form 350-109 provided by the Engineer, or such other form the Contractor chooses, provided it contains the same information as DOT Form 350-109. CONTROL OF MATERIAL Acceptance of Materials Section 1-06.2 is supplemented with the following: 3 (June 8, 1998) Steel Reinforcing Bar Steel reinforcing bar manufacturers have changed the size designation stamped on their bars. 6 The actual size of the bar remains the same, only the size designation has changed. The table below shows the new size designation for reinforcing steel referenced in the Standard Specifications and the Standard Plans. 9 Std. New Specification Bar Size 12 Designation Diameter Designation #3 (0.375 inches) #10 #4 (0.500 inches) #13 15 #5 (0.625 inches) #16 #6 (0.750 inches) #19 #7 (0.875 inches) #22 18 #8 (1.000 inches) #25 #9 (1.128 inches) #29 #10 (1.270 inches) #32 21 #11 (1.410 inches) #36 #14 (1.690 inches) #43 #18 (2.260 inches) #57 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-28 Rebar stamped with either size designation may be used. LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC Laws To Be Observed Section 1-07.1 is supplemented with the following: (May 28, 1996) Prevention Of Environmental Pollution And Preservation Of Public Natural Resources The Contractor shall comply with the following environmental provisions which are made a part of the contract documents A copy of the environmental provisions are available to the Contractor at the City Engineer's office. If the Contractor's operations involve work outside the areas covered by the following environmental provisions, the Contractor shall advise the Architect and City Engineer and request a list of all additional environmental provisions covering the area involved. A copy of all additional environmental provisions is also available to the Contractor at the City Engineer's office. Refer to Section 1-07.5 of the City of Yakima Special Provisions following these Special Provisions for the specific provisions that apply in addition to the provisions listed in the Standard Specifications and for which the Contractor is responsible. State Taxes Section 1-07.2 is supplemented with the following: (March 13, 1995) The work on this contract is to be performed upon lands whose ownership obligates the Contractor to pay Sales tax. The provisions of Section 1-07.2(1) apply. Fish And Wildlife and Ecology Regulations Permits And Licenses Section 1-07.6 is supplemented with the following: (March 13, 1995) No hydraulic permits are required for this project unless the Contractor's operations use, divert, obstruct, or change the natural flow or bed of any river or stream, or utilize any of the waters of the State or materials from gravel or sand bars, or from stream beds. Equal Employment Opportunity Responsibilities Section 1-07.11 is supplemented with the following: (March 6, 2000) Requirement For Affirmative Action to Fnsure Fgiial Fmpinyment Opportunity (Fxecutive Order 11 946) 1. The Contractor's attention is called to the Equal Opportunity Clause and the Standard Federal Equal Employment Opportunity Construction Contract Specifications set forth herein. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-29 2. The goals and timetables for minority and female participation set by the Office of Federal Contract Compliance Programs, expressed in percentage terms for the Contractor's aggregate work force in each construction craft and in each trade on all construction work in the covered area, are as follows: Women - Statewide Timetable Until further notice Minorities - by Standard Metropolitan_ Statistical Area (SMSA) Goal 6.9% Spokane, WA: SMSA Counties: Spokane, WA 2.8 WA Spokane. Non -SMSA Counties 3 0 WA Adams; WA Asotin; WA Columbia, WA Ferry; WA Garfield; WA Lincoln, WA Pend Oreille; WA Stevens; WA Whitman. Richland, WA SMSA Counties: Richland Kennewick, WA WA Benton; WA Franklin. Non -SMSA Counties WA Walla Walla. 54 3.6 Yakima, WA: SMSA Counties. Yakima, WA 9.7 WA Yakima. Non -SMSA Counties 7.2 WA Chelan; WA Douglas; WA Grant; WA Kittitas; WA Okanogan. Seattle, WA. SMSA Counties: Seattle Everett, WA 7.2 WA King; WA Snohomish. Tacoma, WA 6.2 WA Pierce. Non -SMSA Counties 6.1 WA Clallam; WA Grays Harbor; WA Island; WA Jefferson; WA Kitsap; WA Lewis; WA Mason; WA Pacific; WA San Juan; WA Skagit; WA Thurston; WA Whatcom. Portland, OR: SMSA Counties: Portland, OR -WA 4.5 WA Clark. Non -SMSA Counties 3.8 WA Cowlitz; WA Klickitat; WA Skamania; WA Wahkiakum. These goals are applicable to each nonexempt Contractor's total on-site construction workforce, regardless of whether or not part of that workforce is performing work on a 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-30 Federal, or federally assisted project, contract, or subcontract until further notice. Compliance with these goals and time tables is enforced by the Office of Federal Contract compliance Programs. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, in each construction craft and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contracttor's goal shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Architect and City Engineer within 10 working days of award of any construction subcontract in excess of $10,000 or more that are Federally funded, at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed. 4 As used in this Notice, and in the contract resulting from this solicitation, the Covered Area is as designated herein. _••_ • -•- . • . e• • H-• •0,001 0 11 r *0 00 (Fxectttive Order 11246) 1. As used in these specifications: a. Covered Area means the geographical area described in the solicitation from which this contract resulted; b. Director means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority; c. Employer Identification Number means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U. S. Treasury Department Form 941; d. Minority includes: (1) Black, a person having origins in any of the Black Racial Groups of Africa. (2) Hispanic, a fluent Spanish speaking, Spanish surnamed person of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish origin. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-31 (3) Asian or Pacifid Islander, a person having origins in any of the original peoples of the Pacific rim or the Pacific Islands, the Hawaiian Islands and Samoa. (4) American Indian or Alaskan Native, a person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the Contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith effort to achieve the Plan goals and timetables. 4. The Contractor shall implement the specific affirmative action standards provided in paragraphs 7a through 7p of this Special Provision. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its action. The Contractor shall 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-32 document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each Construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off -the -street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e Develop on-the-job training opportunity and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the U.S. Department of Labor The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations, by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these items with on-site supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and 1066,03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-33 maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. j. Direct its recruitment efforts, both oral and written to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process. Encourage present minority and female employees to recruit other minority persons and women and where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3. L Conduct, at least annually, an inventory and evaluation of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities m. Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out. n. Ensure that all facilities and company activities are nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. 8 Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through 7p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of the obligations under 7a through 7p of this Special Provision provided that the Contractor actively participates in the group, makes every effort to assure that the group 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site improvements 02000-34 has a positive impact on the employment of minorities and women in the industry, ensure that the concrete benefits of the program are reflected in the Contractor's minority and female work -force participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrate the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been estehhsheri The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority croup of women is underutilized). 10 The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, Cex, or national origin. 11. The Contractor shall not enter into any subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246 12. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspensions, terminations and cancellations of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of this Special Provision, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include, for each employee, their name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, the Contractors will not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 0200045 (July 10, 2000) Disadvantaged Business Enterprise (DBE) Participation The Disadvantaged Business Enterprise (DBE) requirements of 49 CFR part 26 apply to this contract. The requirements of this contract are to report what is accomplished to enable the Contracting Agency to track achievement. No preference will be included in the evaluation of bids/proposals, no minimum level of DBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis. DBE Goals No DBE goals have been assigned as a part of this contract. Affirmative Efforts to Increase DBE Participation Contractors are encouraged to: 1. Advertise opportunities for Subcontractors or suppliers in a manner reasonably designed to provide DBEs capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by DBE firms and may be done through general advertisements (e.g., newspapers, journals, etc.) or by soliciting bids/proposals directly from DSEs. 2. Utilize the services of available minority community organizations, minority Contractor groups, local minority assistance offices and organizations that provide assistance in the recruitment and placement of DBEs and other small businesses. 3 Establish delivery schedules, where requirements of the contract allow, that encourage participation by DBEs and other small businesses. 4 Achieve DBE attainment through joint ventures. DBE Eligibility (for reporting purposes only) Definition of DBEs DBE status is designated by: The current list of firms accepted as certified by the Office of Minority and Women's Business Enterprises (OMWBE.) A list of firms accepted as certified by OMWBE is available from that office at (360) 704-1180 or on line through their web site at (www.wsdot.wa.gov/omwbe/). DBE Participation When a DBE participates in a contract, only the value of the work actually performed by the DBE will be counted. 1. Count the entire amount of the portion of the contract that is performed by the DBEs own forces. Include the cost of supplies and materials obtained by the DBE for the work of the contract. Include supplies purchased or equipment leased by the DBE. Exclude supplies and equipment the DBE Subcontractor purchases or leases from the Contractor or its affiliate. 2. Count the entire amount of fees or commissions charged by a DBE firm for providing a bona fide service, such as professional, technical, consultant, or 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site improvements 02000.36 managerial services, or for providing bonds or insurance, provided the fees are reasonable 3. When a DBE subcontracts part of the work of its contract to another firm, the value of the subcontracted work shall be counted if the DBE's RI ibrnntractor is also a DBE. The work that a DBE subcontracts to a non -DBE firm does not count as participation. DBE Prime Contractor A DBE prime Contractor shall only count the work performed with its own forces as well as the work performed by DBE Subconttactors and DBE suppliers. Joint Venture When a DBE performs as a participant in a joint venture, only count that portion of the total dollar value of the contract equal to the distinct, clearly defined portion of the work that the DBE performs with its own forces. Commercially Useful Function You may count expenditures to a DBE Contractor if the DBE is performing a commercially useful function on that contract. 1 A DBE performs a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, installing (if applicable) and paying for the material itself. 2. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. 3. A DBE does not perform a commercially useful function if it fails to exercise responsibility with its own work force for at least 30 percent of the total cost of its contract. Trucking Use the following factors in determining whether a DBE trucking company is performing a commercially useful function: 1 The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible for on a particular contract, and there cannot be a contrived arrangement for the purpose of meeting the DBE goals The DBE must itself own and operate at least one fully licensed, insured, and operational truck that is used on the contract. 3. Credit towards project goals for DBE trucking firms who do not own at least one truck, will be granted only for the fees the DBE firm retains for providing the hauling service. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-37 4. In order for DBE project goals to be credited, DBE trucking firms must be covered by a subcontract or a written agreement approved by WSDOT prior to performing their portion of the work. 5 DBE trucking firms are required to perform at least fifty percent (50%) of the work with his/her own trucks and personnel. 6. DBE trucking firms may utilize owner/operator trucks. The number of owner/operator trucks may not exceed any limitations on subletting or reassigning the work specified. All owner/operators must appear on the DBE Contractor's or DBE Subcontractor's payroll designated as owner/operator. The hours worked or wages paid may be reflected either on the payroll or on the record of payments to each owner/operator. 7. DBE trucking firms may lease or rent trucks from other sources, except from prime Contractors to whom they are Contractors, provided: a) A written valid lease/rental agreement on all trucks leased or rented is submitted to the project manager prior to the beginning of work; and b) Only the vehicle (not the operator) is leased or rented. c) The agreement must include the lessors name, trucks to be leased, and agreed upon amount or method of payment (hour, ton or load hauled). d) All lease agreements shall be long-term agreements, not project -by - project. The DBE is limited to leasing or renting two (2) additional trucks for each truck owned by the DBE trucking firm. Expenditures with DBEs Expenditures with DBEs for materials or supplies shall be counted as provided in the following: Manufacturer If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. Regular Dealer 1. Counting If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. 2. Definition a) To be a regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. b) A person may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone, or asphalt without owning, operating, or maintaining a place of business, as provided elsewhere in this specification, if the person both owns and operates distribution equipment for the products. Any supplementing of regular dealers' own distribution equipment shall be by 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-38 a long-term lease agreement and not on an ad hoc or contract -by -contract basis. c) Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not regular dealers Purchased from a DBE With respect to materials or supplies purchased from a DBE who is neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on a job site, provided the fees are reasonable and typical for the services rendered. No part of the cost of the materials and supplies themselves shall be counted. Procedures Between Award and Execution After award and prior to execution of the contract, the Contractor shall provide the names and addresses of all firms that submitted a bid or quote to the Contractor as part of bidding this contract and note which of those firms were successful and will participate in the contract. These firms may be contacted to solicit genera! information as follows: 1. age of the firm 2. average of its gross annual receipts This information is necessary to maintain a bidder's list in compliance with the requirements of the 49 CFR, Part 26. Simply stated: who is soliciting the work and what is their capacity? The Contracting Agency will use this information to accurately determine an overall goal based on the percentage of DBEs who are ready, willing and able to perform the work. Reporting The Contractor shall submit a "Quarterly Affidavit of Amounts Paid DBE Participants" on a quarterly basis for every quarter in which the contract is active (work is accomplished) 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. The dollars reported will be in accordance with the "DBE Eligibility" section of this specification. Payment Payment for complying with the conditions of this specification and any associated DBE requirements is the Contractor's responsibility. Those costs shall be incidental to the respective bid items. Further Information If further information is desired concerning Disadvantaged Business Enterprise participation, inquiry may be directed to: External Civil Rights Branch Office of Equal Opportunity Washington State Department of Transportation Transportation Bldg., P.O. Box 47314 Olympia, WA 98504-7314 or telephone - (860) 705-7085. Fax (360) 705-6801 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-39 (March 13, 1995) Federal Agency Inspection Section 1-07.12 is supplemented with the following: Required Federal Aid Provisions The Required Contract Provisions Federal Aid Construction Contracts (FHWA 1273) and the amendments thereto supersede any conflicting provisions of the Standard Specifications and are made a part of this contract; provided, however, that if any of the provisions of FHWA 1273, as amended, are less restrictive than Washington State Law, then the Washington State Law shall prevail. The provisions of FHWA 1273, as amended, included in this contract require that the Contractor insert the FHWA 1273 and amendments thereto in each subcontract, together with the wage rates which are part of the FHWA 1273, as amended. Also, a clause shall be included in each subcontract requiring the subcontractors to insert the FHWA 1273 and amendments thereto in any lower tier subcontracts, together with the wage rates. The Contractor shall also ensure that this section, REQUIRED FEDERAL AID PROVISIONS, is inserted in each subcontract for subcontractors and lower tier subcontractors. For this purpose, upon request to the City Engineer, the Contractor will be provided with extra copies of the FHWA 1273, the amendments thereto, the applicable wage rates, and this Special Provision. Temporary Water Pollution/Erosion Control Section 1-07.15 is supplemented with the following: (October 25, 1999) Erosion and Sedimentation Control (ESC) Lead The ESC Lead shall be identified by the Contractor at the preconstruction meeting. The ESC Lead shall have, for the life of the contract, a current Certificate of Training in Construction Site Erosion and Sediment Control signed by the WSDOT Water Quality Program Manager. The Certificate of Training is valid for 3 years from the issue date on the certificate The ESC Lead shall implement the Temporary Erosion and Sedimentation Control (TESC) and Spill Prevention Control and Countermeasures (SPCC) plans. Implementation of the TESC and SPCC plans shall include, but is not limited to: 1. Installing, maintaining, inspecting and repairing all temporary erosion and spill control Best Management Practices (BMPs) included in the TESC and SPCC plans . All BMP's shall be inspected, maintained, and repaired as needed to assure continued performance of their intended function. All on-site erosion and sediment control measures shall be inspected at least once every seven days and within 24 hours after any storm event of greater than 0 5 inches within a 24 hour period. All spills shall be responded to as outlined in the SPCC Plan . Damaged or inadequate TESC measures shall be corrected within 24 hours of the inspection. A Temporary Erosion and Spill Control Report shall be prepared for each inspection and shall be included in the TESC and SPCC files. The inspection report shall include, but not be limited to: a. When, where and how BMPs were installed, removed, or modified; b. Repairs needed or made, c. Observations of BMP effectiveness and proper placement; d. Recommendations for improving performance of BMPs. 2. Preparing and maintaining a TESC and SPCC file on site that includes, but is not limited to. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-40 a. TESC and SPCC Inspection Reports; b. Stormwater site plan; c. Temporary Erosion and Sediment Control (TESC) Plan; d. Contractors addendum to the TESC; e. National Pollutant Discharge Elimination System construction permit (Notice of Intent); f. Grading permit; g. Hydraulics Project Approval. Upon request, the the shall be provided to the Engineer for review. (October 25, 1999) Spill Prevention, Control and Countermeasures Description This work shall consist of preparing a Spill Prevention, Control, and Countermeasures (SPCC) Plan and preparing for implementation of the plan. SPCC Plan Requirements The Contractor shall be responsible for the preparation of an SPCC plan to be used for the duration of the project. The plan shall be submitted to the City Engineer prior to the commencement of any construction activities. A copy of the plan with any shall updates be shall maintained at the work site by the Contractor_ The SPCC plan shall identify construction planning elements and recognize potential spill sources at the site. The Plan shall outline responsive actions in the event of a spill or release and shall identify notification and reporting procedures The Plan shall also outline Contractor management elements such as personnel responsibilities, project site security, site inspections and training. The Plan shall outline what measures the Contractor shall take to prevent the release or spread of the following: An on site review has been completed and the following site(s) and materials have been identified and located and are described in the contract documents. • Any hazardous materials* that the Contractor stores, uses, or generates on the construction site during construction activities. These items include, but are not limited to, gasoline, oils and chemicals. *Hazardous material, as referred to within this specification, is defined in RCW 70.105 010 under "hazardous substance" The SPCC plan shall also address, at a minimum, the following project -specific information: introduction SPCC Plan Elements Site Information Management Approval Site Description Planning and Recognition Spill Prevention and Containment Spill Response Reporting Program Management 1066,03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-41 Attachments: A - Emergency Action Plan S - Site Plan C - Inspection and incident Report Forms Implementation Requirements In the event that hazardous material is encountered during the course of the work, regardless of whether or not the material is shown in the Plans, the implementation of the Contractor's SPCC Plan shall be included in the scope of the contract and shall be carried out by the Contractor. The Contractor shall maintain, at the job site, the applicable equipment and material designated in the SPCC Plan. (October 25, 1999) Payment The lump sum contract price for the "Spill Prevention Plan" shall be full pay for alt labor, equipment, material and overhead costs associated with the preparation of the SPCC Plan and any coordination and preparation needed prior to implementation. if the Contracting Agency is responsible for the cost of response, containment and any cleanup then payment shall be made through existing contract items or an Equitable Adjustment in accordance with Section 1-09.4. Assignment of responsibility for payment shall be as defined elsewhere in the Contract. If the spill is due to the Contractor's operations or negligence nothing in this section shall be construed as relieving the Contractor of responsibility for damage and all cost of response, containment and any cleanup shall be borne by the Contractor. Protection And Restoration Of Property Section 1-07.16 is supplemented with the following - (March 13, 1995) Archaeological And Historical Objects It is national and state policy to preserve, for public use, historical and prehistorical objects such as ruins, sites, buildings, artifacts, fossils, or other objects of antiquity that may have significance from a historical or scientific standpoint. Archaeological or historical objects, which may be encountered by the Contractor, shall not be further disturbed. The Contractor shall immediately notify the Architect of any such finds. The Architect will contact the archaeologist who will determine if the material is to be salvaged. The Contractor may be required to stop work in the vicinity of the discovery until such determination is made. If the archaeologist determines that the material is to be salvaged, the Architect may require the Contractor to stop work in the vicinity of the discovery until the salvage is accomplished. Loss of time suffered by the Contractor due to resulting delays will be adjusted in accordance with Section 1-08.8. (March 13, 1995) Utilities And Similar Facilities Section 1-07.17 is supplemented with the following: 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-42 Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. Public and private utilities, or their contractors, will furnish all work necessary to adjust, relocate, replace, or construct their facilities unless otherwise provided for in the Plans or these Special Provisions Such adjustment, relocation, replacement, or construction will be done during the prosecution of the work for this project, The Contractor shall call the Utility Location Request Center (One Call Center), for field location, not less than two nor 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 may be obtained from the City Engineer. If no one -number locator service is available, notice shall be provided individually to those owners known to or suspected of having underground facilities within the area of proposed excavation. The Contractor is alerted to the existence of Chapter 19.122 RCW, a law relating to underground utilities. Any cost to the Contractor incurred as a result of this law shall be at the Contractors expense. No excavation shall begin until all known facilities, in the vicinity of the excavation area, have been located and marked. The following addresses and telephone numbers of utility companies known or suspected of having facilities within the project limits are supplied for the Contractor's convenience: Qwest 8 W 2nd Avenue, Room 304 Yakima, Washington 98902 509-575-7183 Falcon Cablevision 1005 N 16th Avenue Yakima, Washington 98902 509-575-1697 3 City of Yakima Water Division 2301 Fruitvale Blvd. Yakima, Washington 98902 509-575-6154 City of Yakima Wastewater Division 2220 E. viola, Yakima, Washington 98901 509-575-6077 Cascade Natural Gas Corporation 401 N 1st Street, Yakima, Washington 98901 509-457-5905 6 Pacific Power PO Box 1729 Yakima, Washington 98907 509-575-3146 The Contractor shall notify the Upper Yakima Valley Utilities Coordinating Council -Area 5, 9 telephone number 1-800-553-4344, at least 48 hours prior to start of excavation so that underground utilities may be marked. PROSECUTION AND PROGRESS Subcontracting Section 1-08.1 is supplemented with the following: (October 12, 1998) Prior to any subcontractor or tower tier subcontractor beginning work, the Contractor shall submit to the Engineer a certification (WSDOT Form 420-004) that a written agreement between the Contractor and the subcontractor or between the subcontractor and any lower tier subcontractor has been executed. This certification shall also guarantee that these subcontract agreements include all the documents required by the Special Provision Federal Agency Inspection. A subcontractor or lower tier subcontractor will not be permitted to perform any work under the contract until the following documents have been completed and submitted to the Engineer: 1. Request to Sublet Work (Form 421-012), and 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-43 2. Contractor and Subcontractor or Lower Tier Subcontractor Certification for Federal -aid Projects (Form 420-004). The Contractor's records pertaining to the requirements of this Special Provision shall be open to inspection or audit by representatives of the Contracting Agency during the life of the contract and for a period of not less than three years after the date of acceptance of the contract. The Contractor shall retain these records for that period. The Contractor shall also guarantee that these records of all subcontractors and lower tier subcontractors shall be available and open to similar inspection or audit for the same time period, Time For Completion (March 13, 1995) Section 1-08.5 is supplemented with the following: This project shall be physically completed within Thirty-five (35) working days. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-44 CITY OF YAKIMA SPECIAL PROVISIONS 3 The following Special Provisions supersede any conflicting provisions of the 2000 Standard Specifications for Road, Bridge, and Municipal Construction, including the Division 1 APWA SUPPLEMENT, Section 1-99; and are made a part cf this contract. 6 9 DIVISION 1 - GENERAL REQUIREMENTS 1-02 BID PROCEDURES AND CONDITIONS 12 1-02.1 Qualifications of Bidder (APWA Only) Supplement this section as follows: Pre -qualification is not required for this project. 1$ 1-02.4 Examination of Plans, Specifications, and Site of Work 1-02.4(1) General This section is supplemented with the following: 24 A pre-bid Site Visit will be held on site at the time and date stated in the "Invitation to Bid". The conference will include project discussion, DBE Contractor participation, and the Affirmative Action Plan. 27 1-02.15 Pre -Award Information 30 The section is supplemented with the following: The City will request the following documentation regarding efforts to maximize the 33 opportunity for Women and Minority Business Enterprises and Women and Minority Workforce Utilization in the performance of this project. 36 7 Identify the MBEs and WBE's used to fulfill the City's WMBE goal of 10%. 8. identify the subcontractors with the percentage of work they will do. 9. Furnish an Affirmative Action profile, by ethnic category, on the subcontractor's employees proposed to be utilized to do the subcontract work. 15 21 39 42 45 10. Furnish an Affirmative Action profile, by ethnic category, on the low bidder's employees nrnnncarr tr ha utilized to do the contract work. The above voluntary information will be requested by the City of the low bidder. The City will provide the four (4) page form, a copy of which immediately follows this Special Provision 48 Section 1-02. 51 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-45 3 1 of 4 MBE/WBE FORM - 5/95 6 Date 9 To: City of Yakima, Engineering Division 12 129 No. 2nd Street Yakima, WA 98901 15 Attn: Mr. K Wendell Adams, P.E., City Engineer 18 Re: Chesterley Park Site Improvements, Canal Pathway 21 CITY OF YAKIMA PROJECT NO. 1753 24 We are submitting the following information and documentation regarding Minority and Women Work Force Utilization and Women and Minority Business Enterprises as defined under Section 1-02.15, Pre -Award Information of the Special Provisions. 27 7. A. Identify the MBE's or WBE's used to fulfill the City's WMBE goal of 10%. 30 Name of MBE/WBE 33 Certification No. Bid items above MBE/WBE will accomplish 36 Percent of bid items to total bid (without sales tax): , % 39 Name of MBE/WBE Certification No. 42 Bid items above MBE/WBE will accomplish 45 Percent of bid items to total bid (without sales tax): _ % Total percent of MBEJWBE bid items in project (without sales tax): _ _% 48 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-46 2 of 4 MBE/WBE FORM - 5/95 3 (If total percent of MBE/WBE bid items in project are not at or above the City's goal of 10% provide the information and documentatinn requested in section 7. /a.) 6 7. B. Identify the MBE's or WBE's contacted for subcontractor work: 9 7. B. 1. Name of MBE/WBE Certification No. 12 Contact Person: Phone Number: 15 Bid items above MBE/WBE was requested to quote: 18 71 Reasons for not electing: 24 Documentation regarding MBEIWBE contact is attached: YES NO 7. B. 2. Name of MBE/WBE 27 Certification No 30 Bid items above MBE/WBE was requested to quote: 33 36 39 Reasons for not selecting: Documentation regarding MBE/WBE contact is attached: YES NO 7. B. 3. Name of MBE/WBE Certification No. 45 Bid items above MBE/WBE was requested to quote. Reasons for not electing: 42 48 51 54 Documentation regarding MBE/WBE contact is attached: YES NO 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-47 3 of 4 MBE/WBE FORM - 5/95 3 7. B. 4. Name of BE/WBE 6 Certification No. Bid items above MBE/WBE was requested to quote: 9 Reasons for not electing: 12 15 Documentation regarding MBE/WBE contact is attached: YES NO 18 7. B. 5. Name of BE/WBE 21 Certification No. Bid items above MBE/WBE was requested to quote: 24 Reasons for not electing: 27 30 Documentation regarding MBE/WBE contact is attached: YES NO 33 8. Identify the subcontractors with the percentage of work they will do. 36 Subcontractor Name Percent of Work 39 42 45 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site improvements 02000-48 4 of 4 MBE/WBE FORM - 5/95 3 9. Furnish an Affirmative Action profile, by ethnic category, on the subcontractor's employees proposed to be utilized to do the subcontract work. 6 Subcontractor Name: 9 Ethnic Category Number of Employees Black 12 Hispanic American Indian or Alaskan Native Asian or Pacific Islander 15 Other: White 18 Subcontractor Name: Ethnic Category Number of Employees 21 Black Hispanic 24 American Indian or Alaskan Native Asian or Pacific Islander Other: 27 White 30 10. Furnish an Affirmative Action profile, by ethnic category, on the bidders employees proposed to be utilized to do the contract work. 33 Ethnic Category Number of Employees Black 36 Hispanic American Indian or Alaskan Native Asian or Pacific Islander 39 Other: White 42 45 (Contractor) 48 By: 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-49 1-03 AWARD AND EXECUTION OF CONTRACT 3 1-03.4 Contract Bond 6 Add the following: The bond shall further indemnify and hold the City of Yakima, its employees, agents, and 9 elected or appointed officials, harmless from defects appearing or developing in the material or workmanship provided or performed under the contract within a period of one year after final acceptance by the City. 12 1-04 SCOPE OF WORK 15 1-04.11 Final Cleanup Supplement this section with the following: 18 The Contractor shall do partial cleanup when he determines it is necessary or when, in the opinion of the Architect or City Engineer, partial cleanup shall be done for public safety. The 21 cleanup work shall be done immediately upon notification from the Architect or City Engineer and other work shall not proceed until the partial cleanup is accomplished. 24 1-05 CONTROL OF WORK 1-05.4Conformity with and Deviations from Plans and Stakes (APWA Only) 27 1-05.4(1) Roadway and Utility Surveys (APWA Only) 30 Revise this section to read: The Engineer will establish one time only, vertical and horizontal construction control and 33 base lines. The Contractor shall be responsible for all other construction staking including offset points and grade that the Engineer deems necessary for completion of the work. All associated costs will be incidental to other bid items. 36 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 39 1-07.5 Fish and Wildlife and Ecology Regulations 42 1-07.5(1) General Add the following: 45 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. 48 1-07.5(4) Air Quality 51 Supplement this section with the following: The local air pollution authority is the Yakima Regional Clean Air Authority, (509) 574-1410 54 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 1-07.6 Permits and Licenses 3 Add: 02000-50 The Contractor shall have or obtain a valid City of Yakima Business license for the duration of 6 this project. 1-07.11(10)B Required Records and Retention 9 Revise the first sentence of the first paragraph as follows: 12 Replace "State Department of Transportation" with "the Contracting Agency" The third paragraph is revised to read as follows: 15 The Contractor and all subcontractors on this project shall submit WSDOT Form 820-010 to the City Engineer by the Fifth of the month during the term of the Contract. 18 1-07.18 Public Liability and Property Damage Insurance (APWA only) 21 General Requirements The seventh paragraph is revised as follows: 24 Change "45 days" to "20 days" 27 Revise the eighth paragraph by adding the following to the end of the first sentence: ", the City of Yakima, its employees, agents, and elected or appointed officials". 30 Revise the tenth paragraph to read as follows:. 33 The Contractor shall forward to the City the additional insured endorsement as requested in the Evidence of Insurance Section. 36 Coverages and Limits (APWA only) The section is revised to read: 39 All coverages combined single limit shall be $1,000,000 per occurrence. The commercial general liability policy will contain a "per Job Aggregate" Endorsement. If this 42 endorsement is not provided, an additional $2,000,000 umbrella limit will be required over and above the $1,000,000 underlying. 45 A commercial general liability deductible of $5,000 or less is acceptable. The contractor will be responsible for the payment of that deductible for any losses which occur. Higher retention or deductible limits may be acceptable on prior approval by the City. 48 Providing coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. 51 Evidence of Insurance (APWA only) 54 The section is revised to read: 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 Chesterley Park Site Improvements 02000-51 The Contractor shall provide evidence of insurance by the following method: A completed ACORD form #25 (or equivalent) shall be submitted which conforms to the following requirements: 1 _ The ACORD form shall be accompanied by a completed Endorsement naming the City of Yakima, its agents, employees, and elected or appointed officials as an additional insured and containing the insured's name and policy number, and shall be signed by a duly authorized agent. 2. The wording in the CANCELLATION section "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives" shall be crossed out and initialed by the agent/hroker and shall provide for a cancellation notice of at least 2n mays, to the City of Yakima. 3. Add the following text in the section entitled DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ALLOWED BY ENDORSEMENT / SPECIAL PROVISIONS. The City of Yakima, its agents employees, and elected or appointed officials are additional insured's for "1" Street & N. 4th Street Canal Pathway . 4. Contain the appropriate amount and types of coverage's that are specified by the Contract. 1-08 PROSECUTION AND PROGRESS 1-08.3 Progress Schedule The first and second paragraphs are replaced with the following paragraph: The Contractor shall prepare and submit to the Architect a Construction Progress and Completion Schedule using the Bar Graph or Critical Path Method. Items in the Schedule shall be arranged in the order and sequence in which they will be performed. The Schedule shall conform to the working time and time of completion established under the terms of the Contract and shall be subject to modification by the Architect or City Engineer. The schedule shall be drawn to a time scale, shown along the base of the diagram, using an appropriate measurement per day with weekends and holidays indicated. The Construction Progress Schedule shall be continuously updated and, if necessary, redrawn upon the first working day of each month or upon issuance of any Change Order which substantially affects the scheduling. Copies (2 prints or 1 reproducible) of newly updated Schedules shall be forwarded to the Architect, as directed, immediately upon preparation. The section is supplemented by the following: The Contractor shall submit a weekly activity schedule to the Construction Engineer before 9:00 a.m. on the Friday prior to the week indicated on the schedule. If the Contractor proceeds with work not indicated on his weekly activity schedule, or in a sequence differing from that which he has shown on his schedule, the Engineer may 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-52 order the Contractor to delay unscheduled activities until they are included on a subsequent weekly activity schedule. 3 1-10 TEMPORARY TRAFFIC CONTROL 6 1-10.3 Flagging, Signs, and All Other Traffic Control Devices 1-10.3(3) Construction Signs 9 The first sentence of the first paragraph is revised to read: 12 All signs, barricades, flashers, cones, traffic safety drums, and other traffic control devices required by the approved traffic control plan(s) as well as any other appropriate signs prescribed by the City Engineer shall be furnished by the Contractor. 15 The last two sentences of the first paragraph are deleted. 18 The third paragraph is revised as follows: Delete item 2. 21 Revise item 3 to read: 24 Furnishing, initial installation and subsequent removal of both Class A and B construction signs; and 27 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-53 DIVISION 2 - EARTHWORK 3 2-01 CLEARING, GRUBBING, AND ROADSIDE CLEANUP 2-01.2 Disposal of Usable Material and Debris 6 Revise the third paragraph and single sentence as follows: 9 Change the word "three" to "two". 2-01.2(1) Disposal Method No. 1 -Open Burning 12 This section is deleted. 15 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-02.1 Description 18 Supplement this section with the following: 21 The work shall specifically include the removal of the existing asphalt pavement, curb and gutter, sidewalks, catch basins and grates and frames, drainage manholes and any other materials identified to be removed on the plans within the construction limits shown on the 24 plans, or any other items identified by the Architect to be removed. 2-02.3 Construction Requirements 27 Supplement this section with the following: 30 Prior to removal, the Contractor shall use a vertical sawcut to delineate the areas of pavement removal from those areas that pavement is to remain. 33 Concrete curb and gutter and sidewalks shall be removed to the nearest convenient joint if practical If not practical to remove to the nearest joint, the Contractor shall sawcut these structures in a neat vertical and straight transverse horizontal line to provide a matching joint 36 for the new construction. The materials to be removed under this section shall become the property of the Contractor. 39 The Contractor shall haul the removed materials from the project. Damage caused to that portion of the pavement, curb and gutter or sidewalk that is to remain, 42 due to the Contractor's operation, shall be repaired by the Contractor at the Contractor's expense and to the satisfaction of the Architect. 45 2-02.3(3) Removal of Pavement, Sidewalks, and Curbs Item 1 is revised to read: 48 Haul all broken pieces to an off -project site to be obtained by the Contractor. 51 Item 2 is revised by adding the following to the end of the sentence: "or to the nearest joint as directed." 54 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-54 3 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.4 Measurement 6 Revise the third sentence of Item 1 to read: 9 In roadway excavation, pay quantities will be computed to the neat lines as shown on the plans, and shall include haul. 12 2-03.5 Payment Add the following pay item: 15 "Canal Asphalt Pathway and Concrete Sidewalk", per lump sum 18 Supplement the third paragraph with the following: The lump sum item "Canal Asphalt Pathway and Concrete Sidewalk" shall be full 21 compensation for all labor, equipment; tools, and materials necessary to excavate, load, place, compact, shape, or otherwise dispose of the materials including existing pavement cut at the location as shown on the plans and as staked in the field, for the final pathway cross - 24 section as detailed. 2-07 WATERING 27 2-07.3 Construction Requirements 30 Supplement this section with the following: The Contractor shall secure permission from and comply with al! requirements of the water 33 utility before obtaining water from fire hydrants. The Contractor shall notify the Architect as soon as such permission is granted. 36 The Contractor shall use hydrant wrenches only to open hydrants. While using hydrants, the contractor shall make certain that the hydrant valve is fully open in order to prevent damage to the hydrant valve. A metered hydrant connection furnished by the water utility shall be 39 used as an auxiliary valve on the outlet line for control purposes. Fire hydrant valves shall be closed slowly to avoid a surge in the system causing undue pressure on the water lines. The Contractor shall carefully note the importance of following these directions 42 If a hydrant is damaged due to the Contractor or an employee of the Contractor, the Contractor shall immediately notify the water utility so that the damage can be repaired as 45 quickly as possible. Upon completing the use of the hydrants, the Contractor shall notify the water utility so that 48 the hydrants may be inspected for possible damage. Any damage resulting from the use of the hydrants by the Contractor will be repaired by the water utility, and the cost thereof shall be withheld, if necessary, from the final payment to the Contractor. 51 The Contractor shall furnish all equipment and tools, except the metered hydrant connection, that may be necessary to meet the requirements of the water distribution agency pertaining to 54 hydrant use. 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site Improvements 02000-55 Violation of these requirements will result in fines and will lay the Contractor liable for damage suits because of malfunctioning of damaged fire hydrants, in the event of fire 2-07.4 Measurement This section is revised to read: Water shall be measured with the metered hydrant connection. 2-07.5 Payment This section is revised to read: Water will be furnished by the water utility without charge, but the Contractor shall convey the water from the nearest convenient hydrant or other source at his own expense. DIVISION 5 - SURFACE TREATMENTS AND PAVEMENTS 5-04 ASPHALT CONCRETE PAVEMENT 5-04.2 Materials Supplement this section with the following: Asphalt concrete pavement used on this project shall be Class A. Delete the material reference for "Asphalt Cements" and replace with the following: Asphalt Cement shall be PG 64-28 meeting the requirements of AASHTO MP1. 5-04.3 Construction Requirements 5-04.3(7)A Mix Design Delete all reference to Section 9-03.8(6)A Supplement this section with the following: The Contractor shall provide a mix design, performed 702 (Hveem mix design) to the Engineer for approval paving operation. The use of more than 30 percent of recycled material this project shall not be permitted. 5-04.3(10)B Control. This section is revised to read: in accordance with WSDOT Method at least 5 working days prior to any in the asphalt concrete pavement on For asphalt concrete Classes A, B, E, F, and G, where paving is in traffic lanes, including lanes for ramps, truck climbing, weaving, speed changes, and left turn channelization and the specified compacted course thickness is grater than 0.10 foot, the acceptable level of compaction shall be a minimum of 91 percent of the maximum density as determined by 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 54 Chesterley Park Site improvements 02000-56 WSDOT Test Method 705/AASHTO T209. The level of compaction attained will be determined as the average of not less than 5 nuclear density gauge tests taken on the day the mix is placed (after completion of the finish rolling) at randomly selected locations within each lot. The quantity represented by each lot will be no greater than a single days production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and replaced with satisfactory material. At the option of the Engineer, noncomplying material may be accepted at a reduced price_ Cores may be used as an alternative to the nuclear density gauge tests. When cores are taken by the Engineer at the request of the Contractor, the request shall be made by noon of the first working day following placement of the mix. The Engineer shall be reimbursed for the coring expenses at the rate of $75 per core when the core indicates the acceptable level of compaction within a lot has not been achieved. At the start of paving, if requested by the Contractor, a compaction test section shall be constructed as directed by the Engineer to determine the compatibility of the mix design. Compatibility shall be based on the ability of the mix to attain the specified minimum density (91 percent of the maximum density determined by WSDOT Test Method 705/AASHTO T209). Following determination of compatibility, the Contractor is responsible for the control of the compaction effort. If the Contractor does not request a test section, the mix will be considered compatible Asphalt Concrete Classes A, B, E, F and G constructed under conditions other than listed above shall be compacted on the bases of a test point evaluation of the compaction train. The test point evaluation shall be performed in accordance with instructions from the Engineer. The number of passes with an approved compaction train, required to attain the maximum test point density, shall be used on all subsequent paving. The Contractor shall provide adequate platforms to enable samples to be obtained without the Engineer entering the hauling vehicle. Acceptance testing for compliance of asphalt content will use the Nuclear Asphalt Gauge Procedure WSDOT Test Method 722-T. Acceptance testing for compliance of gradation will use the Quick Determination of Aggregate Gradation Using Alternate Solvent Procedure. WSDOT Test Method 723-T. Asphalt concrete Class D and pre -leveling mix shall be compacted to the satisfaction of the Engineer. In addition to randomly selected locations for tests of the control lot, the Engineer reserves the right to test any area which appears defective and to require the further compaction of areas that fall below acceptable density readings. These additional tests shall not impact the compaction evaluation of the entire control lot. 5-04.3(13) Surface Smoothness The last paragraph is revised with the following: When utility appurtenances such as manhole rings and covers and valve boxes are encountered or are to be located within the asphalt pavement area, these items are either to be removed or not put in place until after the paving operation has been completed. The location of each utility appurtenance and all Monuments shall be referenced prior to the start 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 Chesterley Park Site Improvements 02000-57 of paving operations and a temporary covering shall be placed over the appurtenances to facilitate the continuous paving operation. After paving has been completed, the Contractor shall furnish, install and adjust new castings on all new and existing public utility structures, and new Monument Cases for all monuments as shown on the plans. Utility Castings shall not be adjusted until the pavement is completed, at which time the center of each structure and each monument shall be relocated from the references previously established by the Contractor. The asphalt concrete pavement shall be cut and removed to a neat circle, the diameter of which shall be equal to the outside diameter of the rim plus 2 feet. The new rim shall be placed on cement concrete blocks or adjustment rings and wedged up to the desired grade. The base materials shall be removed and Class 3000 cement concrete shall be placed within the entire volume of the excavation up to, but not to exceed, 1-1/2 " below the finished pavement surface. On the following day, the concrete, the edges of the asphalt concrete pavement and the outer edge of the casting shall be painted with hot asphalt cement. Class G asphalt concrete shall then be placed and compacted with hand tampers and a patching roller. The completed patch shall match the existing paved surface for texture, density and uniformity of grade. The joint between the patch and existing pavement shall then be painted with hot asphalt cement or asphalt emulsion and shall be immediately covered with dry paving sand before the asphalt cement solidifies 5-04.3(15) Asphalt Concrete Approach Add the following to the sentence: "or reconstructed," after the word "constructed".. 5-04.3(17) Paving Under Traffic Revise the last paragraph and sentence as follows: Change the phrase "except temporary pavement markings," to "including temporary pavement markings," 5-04.4 Measurement Add the following to the fifth paragraph. asphalt concrete pavement with PG 64-28 asphalt, 5-04.5 Payment Add the following pay item. "Canal Asphalt Pathway and Concrete Sidewalk", per lump sum Supplement the third paragraph with the following: 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 18 21 24 27 30 33 36 39 42 45 48 51 Chesterley Park Site Improvements 02000-58 The lump sum item "Canal Asphalt Pathway and Concrete Sidewalk" shall be full compensation for all labor, equipment, tools, and materials necessary to excavate, load, place, compact, shape, or otherwise dispose of the materials including existing pavement cut at the location as shown on the plans and as staked in the field, for the final pathway cross- section as detailed. Add the following pay items: "Asphalt Conc. Pavernent Class A with PG 64-28", per ton 5-04.5(1) Quality Assurance Price Adjustment This Section is deleted. 5-04.5(1)A Price Adjustments for Quality of AC Mix This Section is deleted. 5-04.5(1)B Price Adjustments for Quality AC Compaction This Section is deleted_ DIVISION 8 - MISCELLANEOUS CONSTRUCTION 8-14 CEMENT CONCRETE SIDEWALKS 8-14.3 Construction Requirements 8-14.3(3) Placing and Finishing Concrete. Add the following: All sidewalks not located in driveway approach areas shall be four (4) inches in thickness. All sidewalks located in a driveway approach area shall be six (6) inches in thickness within the driveway throat. Existing sidewalks at match lines shall be removed to the nearest convenient existing joint or sawcut in a neat vertical, straight transverse line at locations approved by the Architect. Joint filler material to form a new expansion joint shall be placed as indicated on the Standard Detail for Sidewalk. At all driveway and handicap ramp depressions, the back of the sidewalk grade shall be depressed to maintain a 2 percent transverse grade from back of curb to back of sidewalk, unless otherwise noted on the plans. Signpost Sockets shall be set 1/2 inch above the finished sidewalk and so that the erected signs will be plumb when installed. The Contractor shall correct any misaligned sockets at his own expense. 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 02000-59 The Contractor shall adjust Domestic Water Meter Lids to the sidewalk finish grade where they are located within the limits of the new sidewalk. The Contractor shall contact Nob Hill 3 Water Association to coordinate this work. 6 8-14.5 Payment Add the following pay item: 9 "Canal Asphalt Pathway and Concrete Sidewalk", per lump sum 12 Supplement the third paragraph with the following: The lump sum item "Canal Asphalt Pathway and Concrete Sidewalk" shall be full 15 compensation for all labor, equipment, tools, and materials necessary to excavate, load, place, compact, shape, or otherwise dispose of the materials including existing pavement cut at the location as shown on the plans and as staked in the field, for the final pathway cross - 18 section as detailed. 8-22 PAVEMENT MARKING 21 Supplement this section with the following: 24 The City of Yakima will do all permanent pavement marking. 8-30 REPAIR OR REPLACEMENT (New Section) 27 8-30.1 Description 30 The work shall consist of repair of any incidental damages to landscaping, fencing, private irrigation, top soil, turf or other miscellaneous items within or adjacent to the project area. This includes complete replacement of items that are beyond repair as determined by the 33 Architlect. 8-30.5 Payment 36 Payment will be made for the following bid items: 39 "Repair or Replacement", by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the 42 City has estimated the force account for "Repair or Replacement", and has arbitrarily entered the amount for the pay item in the proposal to become a part of the total bid by the Contractor. 45 DIVISION 9 48 MATERIALS 9-03 AGGREGATES 51 9-03.8 Aggregates for Asphalt Concrete 54 9-03.8(3)C Gradation -- Recycled Asphalt Pavement and Mineral Aggregate 1066.03 Canal Pathway Standard Specifications and Contract Provisions 3 6 9 12 15 Chesteriey Park Site Improvements 02000-60 Revise the second paragraph as follows: Delete the reference to Section 9-03.8(6)A 9-03.8(6)A Basis of Acceptance Delete this section. END OF SECTION 02000 1066.03 Canal Pathway Standard Specifications and Contract Provisions Chesterley Park Site Improvements 01500-1 SECTION 01500 - TEMPORARY FACILITIES 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section specifies requirements for temporary services and facilities, including utilities, construction and support facilities, security and protection. 18 Temporary utilities required include but are not limited to. Water service and distribution, temporary electric power and light, telephone service and storm and sanitary sewer 21 Temporary construction and support facilities required include but are not limited to: temporary heat, field offices and storage sheds, temporary roads and paving, sanitary facilities, including 24 drinking water, temporary enclosures, temporary project identification signs and bulletin boards, waste disposal services, construction aids and miscellaneous services and facilities 27 Security and protection facilities required include but are not limited to: temporary fire protection, barricades, warning signs, lights, enclosure fence for the site, and environmental protection. 30 QUALITY ASSURANCE Regulations: Comply with industry standards and applicable laws and regulations of authorities having 33 jurisdiction, including but not limited to Building Code requirements, health and safety regulations, utility company regulations, Police and Fire Department rules, and environmental protection regulations 36 Standards- Comply with NFPA Code 241, "Building Construction and Demolition Operations", ANSI -A10 Series standards for "Safety Requirements for Construction and Demolition", and NECA Electrical Design Library "Temporary Electrical Facilities " 39 Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use Obtain required certifications and permits 42 PROJECT CONDITIONS 45 Conditions of Use Keep temporary services and facilities clean and neat in appearance Operate in a safe and efficient manner. Take necessary fire prevention measures. Do not overload facilities, or permit them to interfere with progress. Do not allow hazardous, dangerous or unsanitary conditions, 48 or public nuisances to develop or persist on the site. Provide traffic control systems to prevent Owner/occupant/visitor intrusions into work areas, which may 51 pose a safety liability or may endanger quality control. Correct all damage due to such intrusions at no additional cost to the Owner. 54 Protect existing finished surfaces from injury until completion/acceptance 1066.03 Temporary Facilities Chesterley Park Site Improvements 01500-2 PART 2 - PRODUCTS (Not Applicable) 3 PART 3 - EXECUTION 6 INSTALLATION 1 IRA oil alifieri personnel for installation of temporary facilitieslocate facilities where they will serve the Projector each phase or work area adequately and result in minimum interference with performance of the Work and Owner's use and occupancy of the premises. Relocate and modify facilities as required. 12 TEMPORARY UTILITY INSTALLATION 15 Use Charges: Cost or use charges for temporary facilities are not chargeable to the Owner or Architect, and will not be accepted as a basis of claims for a Change Order. 18 Temporary Electric Power Service: Limited sources of electrical power are available at the site . The Contractor shalt coordinate and cooperate with the Owner and provide all lines and cords necessary to convey power to construction work areas. 21 Temporary Telephones: Provide temporary telephone service in the form of telephones installed on the construction sites, or a cellular or mobile phone carried by the Contractor's Project Superintendent. 24 Cellular or mobile phones must have a local prefix. TEMPORARY CONSTRUCTION AND SUPPORT FACILITIES INSTALLATION 27 Sanitary facilities: Provide sanitary facilities including temporary toilets, wash facilities and drinking water facilities, complying with regulations of the State Board of Health governing sanitation of places of work 30 and other agencies having jurisdiction. Install in locations which will best serve project's needs. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere daily Comply 33 with requirements of NFPA 241 for removal of combustible waste material and debris. Enforce requirements strictly. Do not hold materials more than 7 days during normal weather or 3 days when the temperature is expected to rise above 80 deg F (27 deg C). Handle hazardous, dangerous, or unsanitary 36 waste materials separately from other waste by containerizing properly. Dispose of material in a lawful manner 39 Burying or burning waste materials is not permitted. Washing waste materials down sewers or into waterways is not permitted. 42 SECURITY AND PROTECTION FACILITIES INSTALLATION 45 Temporary Fire Protection: Comply with the rules and regulations of the authorities having jurisdiction. Barricades, Warning Signs and Lights: Comply with standards and code requirements for erection of 48 structurally adequate barricades. Paint with appropriate colors, graphics and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed provide lighting, including flashing red or amber lights. 51 Environmental Protection: Provide protection, operate temporary facilities and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, 54 waterways and subsoil might be contaminated or polluted, or that other undesirable effects might result. 1066.03 Temporary Facilities Chesterley Park Site Improvements 01500-3 Avoid use of tools and equipment which produce harmful noise Restrict use of noise making tools and equipment to hours that will minimize complaints from persons or firms on or near the site. 3 ON-SITE STORAGE 6 Coordinate areas to store materials with Owner. OPERATION, TERMINATION AND REMOVAL 9 Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of temporary facilities to essential and intended uses to minimize waste and abuse. 12 Maintenance. Maintain facilities in good operating condition. 15 Termination and Removal: Remove each temporary facility when the need for use has ended. Repair damaged Work, clean exposed surfaces and replace construction that cannot be satisfactorily repaired. 18 END OF SECTION 01500 1066.03 Temporary Facilities Chesterley Park Site Improvements 01631-1 SECTION 01631 - PRODUCT SUBSTITUTIONS 3 PART 1 - GENERAL 6 9 RELATED DOCUMENTS Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section specifies administrative and procedural requirements for handling requests for substitutions for use on the Project. 18 DEFINITIONS Definitions used in this Article are not intended to change or modify the meaning of other terms used 21 in the Contract Documents Prior Approval is defined as the Architect's approval of a requested substitution for a specified product, 24 equipment item, or material and/or acceptable manufacturer of same and are requests made during the bidding period. 27 Substitutions are requests for changes in products, materials, equipment, and methods of construction required by Contract Documents proposed by the Contractor after award of the Contract. The following are not considered substitutions: 30 Substitutions requested by Bidders during the bidding period, and accepted prior to award of Contract, are "Prior Approvals" and are considered as included in the Contract Documents and 33 are not subject to requirements specified in this Section for substitutions. Revisions to Contract Documents requested by the Owner or Architect. 36 Specified options of products and construction methods included in Contract Documents. 39 The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 42 SUBMITTALS General. Submit 2 copies of each request for prior approval or substitution for consideration. Provide 45 transmittal requesting the substitution and indicating material sent. Clearly indicate on each copy specifications sections, paragraphs, drawing locations, details, etc. to which the proposed substitution applies. 48 Identify the product, or the fabrication or installation method to be replaced in each request. Include a complete description of the proposed substitute as necessary for a complete 51 evaluation by the Architect. It is the responsibility of the bidder, sub -bidder, contractor, subcontractor, or supplier to demonstrate to the Architect's satisfaction that the substitution proposed meets the criteria of the Contract Documents. 54 1066.03 Products and Substitutions Chesterley Park Site Improvements 01631-2 Request for Prior Approval Submittal 3 Prior Approval Requests will not be considered unless they reach the Architect at least five (5) working days prior to Bid Opening date. 6 0 Include a full description of the proposed substitute in accordance with requirements above Information lacking clear indications that products comply with specified requirements will likely not result in the Architect's prior approval Architect's Action. AH substitutions approved prior to receipt of bids will be included in an Addendum. Do not base bids on products/suppliers not approved and / or meeting specified 12 requirements, as applicable, for each condition. The bidder is responsible for ensuring that all work complies with indicated requirements. 15 Request for Substitution* Identify the product, or the fabrication or installation method to be replaced in each request. 18 Include a complete description of the proposed substitute as necessary for a complete evaluation by the Architect. 21 Provide complete coordination information, including changes required to other portions of the work or by other trades to accommodate the substitution 24 Provide complete cost information, including a proposal of net change in the contract sum. Provide statement of the effect the substitution will have on the work schedule 27 Architect's Action- Within one week of receipt of the request for substitution, the Architect may request additional information or documentation necessary for evaluation of the request. Within 30 2 weeks of receipt of the request, or one week of receipt of the additional information or documentation, which ever is later, the Architect will notify the Contractor of acceptance or rejection of the proposed substitution. 33 PART 2 - PRODUCTS 36 SUBSTITUTIONS 39 Conditions: The Contractor's substitution request will be received and considered by the Architect when one or more of the following conditions are satisfied, as determined by the Architect; otherwise requests will be returned without action except to record noncompliance with these requirements: 42 Extensive revisions to Contract Documents are not required. Proposed changes are in keeping with the general intent of Contract Documents. 45 The request is timely, fully documented and properly submitted The Contractor's submittal and Architect's acceptance of Shop Drawings, Product Data or Samples that 48 relate to construction activities not complying with the Contract Documents does not constitute an acceptable or valid request for substitution, nor does it constitute approval. 51 PART 3 - EXECUTION (Not Applicable) 54 END OF SECTION 01631 1066.03 Products and Substitutions Chesterley Park Site Improvements 01700-1 SECTION 01700 - CLEANUP AND PROJECT CLOSEOUT 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section specifies administrative and procedural requirements for project closeout, including but not limited to 18 1. Inspection procedures 2. Project record document submittal. 21 3. Operating and maintenance manual submittal 4 Submittal of warranties. 5 Final cleaning. 24 SUBSTANTIAL COMPLETION 27 Inspection Procedures- On receipt of a request for inspection, the Architect , Owner and Contractor shall, within a reasonable time, make a joint observation of work and list items (the "Punch List") still to be completed or corrected. Failure to include items on the Punch List does not alter the responsibility 30 of the Contractor to complete work in accordance with the Construction Documents The Architect will repeat inspection when requested and assured that the Work has been 33 substantially completed. Results of the completed inspection will form the basis of requirements for final acceptance. 36 FINAL ACCEPTANCE 39 When the Architect determines that the work is substantially complete, he will then prepare Letter or Certificate of Substantial Completion, which shall state responsibilities of Owner and Contractor for maintenance, utilities, and insurance, and shall fix a time within which the Contractor shall complete 42 items listed therein. Said time shall be within Contract Time unless extended pursuant to the General Conditions, Paragraph 8 3. Letter or Certificate of Substantial completion will be submitted to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such certificates. 45 Upon correction and completion of all items listed with the Letter or Certificate of Substantial Completion, notify Architect that the work is ready for final acceptance If, during final acceptance 48 inspection, the work listed is still incomplete, seven days will be allowed to correct such incomplete items and, if still incomplete, Owner may proceed in accordance with Article 14.2 of the General Conditions. 51 It is the responsibility of the Contractor to determine that all items are complete before requesting the final inspection. The Architect will not make multiple inspections for final acceptance. 54 1066.03 Cleanup and Project Closeout Chesterley Park Site Improvements 01700-2 RECORD DOCUMENT SUBMITTALS 3 Record Drawings. Maintain a clean, undamaged set of blue or black line white -prints of Contract Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally shown. Give particular attention to concealed elements that would be difficult 6 to measure and record at a later date Set must be kept up-to-date as the work progresses. At the last progress meeting of every month, present record drawing set for review. 0 Record Specifications: Maintain one complete copy of the Project Manual, including addenda, and one copy of other written construction documents such as Change Orders and modifications issued in printed form during construction. Mark these documents to show substantial variations in actual Work 12 performed in comparison with the text of the Specifications and modifications. Give particular attention to substitutions, selection of options and similar information on elements that are concealed or cannot otherwise be readily discerned later by direct observation Note related record drawing information. 15 Upon completion of the Work, submit Record Drawings and Specifications to the Architect for the Owner's records. 18 PART 2 - PRODUCTS (Not Applicable) 21 PART 3 - EXECUTION 24 GENERAL CLEANING 27 General. General requirements for cleaning during construction are also included in the General Conditions and in Section 01500 - "Temporary Facilities". 30 Oversee cleaning and ensure that site and building is maintained free of accumulations of waste materials and rubbish Dispose of all waste in a legal manner at a public or private dumping ground 33 off the Owner's property Store volatile waste in covered metal containers and remove from premises daily Do not allow waste materials, rubbish and debris to accumulate and become an unsightly or hazardous condition 36 Pollution Control. Conduct cleanup and disposal operations to comply with local ordinances and anti- pollution laws. 39 Burning or burying of rubbish and waste materials on the project site is not permitted 42 Disposal of volatile fluid wastes (such as mineral spirits, oil, paint, or paint thinner) in storm or sanitary sewer systems or into streams or waterways is not permitted 45 Dust Abatement: Sprinkle dusty debris with water Dust abatement measures must be undertaken at all times (seven days per week). 48 All repairs to grounds, fencing, buildings and other existing conditions shall be the responsibility of the Contractor. 51 Schedule cleaning operations so that dust and other contaminants resulting from cleaning process will not fall on wet, newly painted or finished surfaces. 54 1066.03 Cleanup and Project Closeout Chesterley Park Site Improvements 01700-3 FINAL CLEANING 3 Cleaning. Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, commercial building cleaning and maintenance program. Comply with manufacturer's instructions and use only cleaning materials recommended by manufacturer 6 of surface to be cleaned. Complete the following cleaning operations before requesting inspection for Certification of 9 Substantial Completion: Remove grease, dirt, dust, stains, fingerprints, and other foreign materials from interior and exterior surfaces. Repair, patch and touch up marred surfaces to match adjacent finishes 12 Maintain cleaning until the project, or portion thereof, is accepted by Owner. 15 END OF SECTION 01700 18 1066.03 Cleanup and Project Closeout PART III TECHNICAL SPECIFICATIONS (Divisions 2 -16) Chesterley Park Site Improvements 02070-1 SECTION 02070 - SELECTIVE DEMOLITION 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section 12 SUMMARY' 15 This Section includes the following: Selective demolition and removal of portion of existing asphalt paving and concrete curbs. 18 Selective demolition and removal of other items as noted. Related Sections. The following Sections contain requirements that relate to this Section - 21 Division 1 Section "Temporary Facilities" for temporary utilities, temporary construction and support facilities, temporary security and protection facilities, and environmental protection 24 measures for selective demolition operations. Division 2 Section "Earthwork" for soil materials, excavating, backfilling, and site grading 27 SCOPE OF WORK 30 The Contractor shall remove and dispose of the following - Existing concrete curbs as indicated. 33 Existing asphalt paving, as indicated. 36 DEFINITIONS Remove. Remove and legally dispose of items except those indicated to be reinstalled, salvaged, or 39 to remain the Owner's property. Remove and Salvage: Items indicated to be removed and salvaged, if any, remain the Owner's 42 property. Remove items and deliver to Owner. MATERIALS OWNERSHIP 45 Except for items or materials indicated to be reused, salvaged, reinstalled, or otherwise indicated to remain the Owner's property, demolished materials shall become the Contractor's property and shall 48 be removed from the site with further disposition at the Contractor's option. QUALITY ASSURANCE 51 Regulatory Requirements: Comply with governing EPA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. 54 1066.03 Selective Demolition Chesterley Park Site Improvements 02070-2 PROJECT CONDITIONS 3 Hazardous Materials - Potential Hazard: To the best of the Owner's knowledge, no hazardous materials will be encountered as a part of demolition or excavation operations Nevertheless, the Contractor shall be alert throughout demolition and excavation to the possibility that hazardous materials may be 6 encountered. Upon discovery or suspicion of discovery of such materials, the Contractor shall immediately notify the Owner in writing, with a copy to the Architect, and shall immediately cease operations in affected areas until conditions are verified and/or corrected, as applicable, by the Owner. 9 Partial Removal: Items of salvageable value to Contractor may be removed from site as work progresses. Salvaged items must be transported from site as they are removed, Storage or sale of 12 removed items or materials on-site will not be permitted. SCHEDULING 15 Arrange selective demolition schedule so as not to interfere with activities taking place in adjacent areas, 18 PART 2 - PRODUCTS (Not Applicable) 21 PART 3 - EXECUTION 24 EXAMINATION 27 Survey existing conditions and correlate with requirements indicated to determine extent of selective demolition required 30 Perform surveys as the Work progresses to detect hazards resulting from selective demolition activities. UTILITY SERVICES 33 Maintain existing utilities indicated to remain in service and protect them against damage during selective demolition operations. 36 Do not interrupt existing utilities serving occupied or operating facilities, except when authorized in writing by Owner and authorities having jurisdiction. Provide temporary services during 39 interruptions to existing utilities, as acceptable to Owner and to governing authorities. Provide not less than 72 hours' notice to Owner if shutdown of service is required. 42 PREPARATION Conduct demolition operations and remove debris to ensure minimum interference with roads and other 45 adjacent occupied and used facilities. Do not close or obstruct roads or other adjacent occupied or used facilities without permission from 48 Owner and authorities having jurisdiction Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. 51 Conduct demolition operations to prevent injury to people and damage to adjacent areas and facilities to remain. Ensure safe passage of people around selective demolition area. 54 Protect existing site improvements, appurtenances, and landscaping to remain. 1066.03 Selective Demolition Chesterley Park Site Improvements 02070-3 Ensure demolition/construction area is securely fenced to discourage unauthorized entry. 3 POLLUTION CONTROLS Use water mist and other suitable methods to limit the spread of dust and dirt. Comply with governing 6 environmental protection regulations Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. 9 Clean adjacent structures and improvements of dust, dirt, and debris caused by selective demolition operations. Return adjacent areas to condition existing before start of selective demolition. 12 DEMOLITION 15 Sawcut and remove existing asphalt paving and curbs to extent necessary to allow new construction. Damages. Promptly repair damages to adjacent facilities or areas caused by demolition operations at 18 no cost to the Owner. DISPOSAL OF DEMOLISHED MATERIALS 21 General. Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site 24 Burning Do not burn demolished materials. 27 Disposal. Transport demolished materials off Owner's property and legally dispose of them. 30 END OF SECTION 02070 1066.03 Selective Demolition Chesterley Park Site Improvements SECTION 02200 - EARTHWORK 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 12 15 02200-1 Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section. SUMMARY This Section includes the following: 18 Preparing and grading subgrades for walks, pavements, and landscaping. Subbase course for walks and pavements. Excavating and backfilling for underground mechanical and electrical utilities and appurtenances. Related Sections: The following Sections contain requirements that relate to this Section. 24 Division 2 Section "Selective Demolition" for removal of slabs, paving and other items. 21 27 DEFINITIONS Excavation consists of the removal of material encountered to subgrade elevations and the reuse or 30 disposal of materials removed. Subgrade: The uppermost surface of an excavation or the top surface of a fill or backfill immediately 33 below subbase, drainage fill, or topsoil materials. Borrow Soil material obtained off-site when sufficient approved soil material is not available from 36 excavations. Base Course: The layer placed directly below slabs and pavements. Unauthorized excavation consists of removing materials beyond indicated subgrade elevations or dimensions without direction by the Architect. Unauthorized excavation, as well as remedial work directed 42 by the Architect, shall be at the Contractor's expense. 39 Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical 45 appurtenances, or other man-made stationary features constructed above or below ground surface. Utilities include on-site underground pipes, conduits, ducts, and cables, as well as underground services 48 within building lines. 51 QUALITY ASSURANCE 54 Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. 1066.03 Earthwork Chesterley Park Site Improvements 02200-2 Testing and Inspection Service: Owner may employ a qualified independent geotechnical engineering testing agency to classify proposed on-site and borrow soils to verify that soils comply with specked 3 requirements and to perform required field and laboratory testing. rn'nv.iLli1 CVIl'4D111VIYJ 6 Existing Utilities: Do not interrupt existing utilities serving facilities occupied by the Owner or others except when permitted in writing by the Architect and then only after acceptable temporary utility services have n � been provided. . DUST CONTROL 12 Use water mist and other suitable methods to limit the spread of dust and dirt. Comply with governing environmental protection regulations. 1E, fV 18 21 PART 2 - PRODUCTS SOIL MATERIALS General: Provide approved borrow soil materials from off-site when sufficient approved soil materials are not available from excavations. 24 Satisfactory Soil Materials: ASTM D 2487 soil classification groups GW, GP, GM, SW, SP, and SM; free of rock or gravel larger than 2 inches in any dimension, debris, waste, frozen materials, vegetation and 27 other deleterious matter. Unsatisfactory Soil Materials: ASTM D 2487 soil classification groups GC, SC, ML, MH, CL, CH, OL, OH, 3n and PT. Backfill and Fill Materials: Satisfactory soil materials., unless indicated otherwise. 33 Base Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand, ASTM D 2940, with at least 95 percent passing a 1 -112-inch sieve and not more 36 than 8 percent passing a No. 200 sieve, Sand Bed Over Polyethylene Sheet Membranes: Non-organic clean sand with 90% passing a #4 sieve 39 and 6% passing a #200 sieve, Pipe Bedding Material: Subbase or base materials with 100 percent passing a 1 -inch sieve and not more 42 than 8 percent passing a No. 200 sieve. Stu -Val Fill: Approved well -graded 1-1/4" minus crushed gravel. 45 PART 3 - EXECUTION 48 PREPARATION 51 54 Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. Protect subgrades and foundation soils against freezing temperatures or frost. Provide protective 1066.03 Earthwork Chesterley Park Site Improvements 02200-3 insulating materials as necessary. 3 Provide erosion control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 6 DEWATERING Prevent surface water and subsurface or ground water from entering excavations, from ponding on 9 prepared subgrades, and from flooding Project site and surrounding area. Protect subgrades and foundation soils from softening and damage by rain or water accumulation. 12 EXCAVATION 15 Explosives: Do not use explosives. Unclassified Excavation: Excavation is unclassified and includes excavation to required subgrade 18 elevations regardless of the character of materials and obstructions encountered. STABILITY OF EXCAVATIONS 21 Comply with local codes, ordinances, and requirements of authorities having jurisdiction to maintain stable excavations. 24 EXCAVATION FOR STRUCTURES 27 Excavate to indicated elevations and dimensions within a tolerance of plus or minus 010 foot. Extend excavations a sufficient distance from structures for placing and removing concrete formwork, installing services and other construction, and for inspections. 30 Excavation for Underground Basins and Mechanical or Electrical Appurtenances: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 0.10 foot. Do not disturb 33 bottom of excavations intended for bearing surface. EXCAVATION FOR WALKS AND PAVEMENTS 36 Excavate surfaces under walks and pavements to indicated cross sections, elevations, and grades. 39 EXCAVATION FOR UTILITY TRENCHES Excavate trenches to indicated or required slopes, depths, and invert elevations. 42 Excavate trenches to uniform widths to provide a working clearance on each side of pipe or conduit. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of 45 pipes and conduit. Remove stones and sharp objects to avoid point loading. 48 UNAUTHORIZED EXCAVATION 51 54 Fill unauthorized excavations as directed by the Architect. STORAGE OF SOIL MATERIALS Stockpile excavated materials acceptable for backfill and fill soil materials, including acceptable borrow 1066.03 Earthwork Chesterley Park Site Improvements 02200-4 materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent wind-blown dust. Stockpile soil materials away from edge of excavations. 3 BACKFILL 6 Backfill excavations promptly, but not before completing the following: Surveying locations of underground utilities for record documents. 9 Testing, inspecting, and approval of underground utilities. Removal of trash and debris from excavation. Removal of temporary shoring and bracing, and sheeting. 12 UTILITY TRENCH BACKFILL 15 Place lace ano compact pipe bedding corse as indicated In applicable Contract ontract Document sections. Shape pe bedding course to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. 18 Concrete backfill trenches that carry below or pass under footings and that are excavated within 18 inches of footings. Place concrete to level of bottom of footings. 21 Place and compact initial backfill of satisfactory soil material or subbase material, free of particles larger ll Ian 1 it lid 1, to a height of 12 it lu IerJ over U le utility pipe'. t conduit. 24 Carefully compact material under pipe haunches and bring backfill evenly up on both sides and along the full length of utility piping or conduit to avoid damage or displacement of utility system. 27 Coordinate backfilling with utilities testing. 30 Place and compact final badtt of satisfactory soil material to final subgrade. FILL 33 Preparation: Remove vegetation, topsoil, debris, wet, and unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placing fills. 36 When subgrade or existing ground surface to receive fill has a density less than that required for fill, break up ground surface to depth required, pulverize, moisture -condition or aerate soil and recompact to 39 required density. Place fill material in layers to required elevations for each location listed below. 42 Under grass, use satisfactory excavated or borrow soil material. Under walks, slabs and pavements, use compacted material, or satisfactory excavated or borrow 45 soil material. MOISTURE CONTROL 48 Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moisture content. 51 Do not place backfill or fill material on surfaces that are muddy, frozen, or contain frost or ice. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet to compact to 54 specified density 1066.03 Earthwork Chesterley Park Site improvements 02200-5 Stockpile or spread and dry removed wet satisfactory soil material. 3 COMPACTION Place backfill and fill materials in layers not more than 6 inches in loose depth for material compacted by 6 heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. 9 Place backfill and fill materials evenly on all sides of structures to required elevations. Place backfill and fill uniformly along the full length of each structure. 12 Percentage of Maximum Dry Density Requirements: Compact soil to not less than the following percentages of maximum dry density according to ASTM D 1557: 15 Under structures, building slabs, steps, and pavements, compact the top 12 inches below subgrade and each layer of backfill or fill material at 95 percent maximum dry density. 18 Under walkways, compact the top 6 inches below subgrade and each layer of backfill or fill material at 95 percent maximum dry density. 21 Under lawn or unpaved areas, compact the top 6 inches below subgrade and each layer of backfill or fill material at 85 percent maximum dry density. 24 GRADING General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with 27 compaction requirements and grade to cross sections, lines, and elevations indicated. Provide a smooth transition between existing adjacent grades and new grades. 30 Cut out soft spots, fill low spots, and trim high spots to conform to required surface tolerances. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades 33 to required elevations within the following tolerances: Lawn or Unpaved Areas: Plus or minus 0.10 foot. 36 Walks: Plus or minus 0.10 foot. Pavements: Plus or minus 1/2 inch. 39 Grading Inside Building Lines: Finish subgrade to a tolerance of 1/2 inch when tested with a 10 -foot straightedge. 42 BASE COURSES Under slabs, pavements and walks, place subbase course material on prepared subgrades. 45 Compact subbase and base courses at optimum moisture content to required grades, lines, cross sections and thickness to not less than 95 percent of ASTM D 4254 relative density. 48 Shape subbase and base to required crown elevations and cross -slope grades. 51 When thickness of compacted subbase or base course is 6 inches or Tess, place materials in a single layer. 54 When thickness of compacted subbase or base course exceeds 6 inches, place materials in equal layers, with no layer more than 6 inches thick or less than 3 inches thick when compacted. 1066.03 Earthwork Cheste:lcy Park Site Improvements 022000=6 Where indicated, install polyethylene sheet and sand bed, taking care to provide a complete 3 membrane and to prevent damaging polyethylene. Coordinate closely with installation of floor slabs and related work. 6 FIELD QUALITY CONTROL Testing Agency Services: Allow testing agency to inspect and test each subgrade and each fill or backfill 9 layer. Do not proceed until test results for previously completed work verify compliance with requirements. Notify, schedule coordinate and cooperate with Owner's Testing and Inspection Agency. 12 When testing agency reports that subgrades, fills, or backfills are below specified density, scarify and moisten or aerate, or remove and replace soil to the depth required, recompact and retest until required 15 density is obtained. DUST CONTROL 18 Pollution Control: Conduct grading operations to comply with local ordinances and anti -pollution laws. 21 Sprinkle dusty debris with water to abate dust. Dust abatement measures must be undertaken at all times (seven days per week). 24 PROTECTION 27 Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris, 30 Repair and re-establish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent construction operations or weather conditions. 33 Settling: Where settling occurs during the Project correction period, remove finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. 36 Restore appearance, quality, and condition of finished surfacing to match adjacent work and eliminate evidence of restoration to the greatest extent possible. 39 DISPOSAL OF SURPLUS AND WASTE MATERIALS 42 Disposal: Remove surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off the Owner's property. 45 48 END OF SECTION 02200 1066.03 Earthwork Chesterley Park Site Improvements 02511 -1 SECTION 02511 - HOT -MIX ASPHALT PAVING 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section includes the following: 18 Hot -mix asphalt paving as shown on drawings. Pavement -marking paint. Wheel stops. 21 Related Sections include the following: 24 Division 2 Section "Earthwork" for prepared subbase. 27 SYSTEM DESCRIPTION Provide hot -mix asphalt pavement and base course according to the materials, workmanship, and other 30 applicable requirements of the referenced standard specifications. CODES AND STANDARDS 33 WSDOT/APWA Standard Specifications: Comply with the 2000 Standard Specifications for Road, Bridge, and Municipal Construction prepared by the Washington State Department of Transportation and the 36 Washington State Chapter of the American Public Works Association and all amendments and revisions applicable thereto. 39 PROJECT CONDITIONS 42 Environmental Limitations: Do not apply asphalt materials if substrate is wet or excessively damp or if the following conditions are not met: 45 Prime and Tack Coats: Minimum surface temperature of 60 deg F (15.5 deg 0). Asphalt Surface Course: Minimum surface temperature of 60 deg F (15.5 deg C) at time of placement. 48 Pavement -Marking Paint: Proceed with pavement marking only on dean, dry surfaces and at a minimum ambient or surface temperature of 40 deg F (4 deg C) for oil-based materials, 51 50 deg F (10 deg C) for water-based materials, and not exceeding 95 deg F (35 deg C) 1066,03 Hot -Mix Asphalt Paving Chesterley Park Site Improvements 02511 P 2 3 PART 2 - PRODUCTS 6 MATERIALS Base Course Material: Free draining compactable granular base materials complying with 9 WSDOT/APWA Section 9-03.9(3), conforming to the following particle size distribution: 12 Passing 1" square sieve Passing 3/4" square sieve Passing 3/8" square sieve 15 Passing 1/4" square sieve Passing US No. 40 sieve Passing US No. 200 sieve 18 2I 100% 95 -100% 50 - 75% 15- 40% 10 - 30% 8% max. Asphalt Concrete Aggregate and Other Materials: Per referenced standard for class of mix indicated. Herbicide Treatment: Commercial chemical for weed control, registered by Environmental Protection Agency Provide granular, liquid or wettable powder form. 24 Asphalt Mix: Asphalt concrete pavement used on this project shall be Class A conforming to the provisions of Section 5-04 of the WSDOT/APWA Standard Specifications. 27 Pavement -Marking Paint: Latex, water -base emulsion, ready -mixed, Complying with FS TT -P-1952. Wheel Stops: Precast, air -entrained concrete, 2500 -psi minimum compressive strength, approximately 6 30 inches high, 9 inches wide, and 72 inches long. Provide chamfered corners and drainage slots on underside, and provide holes for anchoring to substrate. 33 Dowels: Galvanized steel, diameter 3/4 inch, minimum length 10 inches. 36 PART 3 - EXECUTION 39 EXAMINATION Verify that subgrade is dry and in suitable condition to support paving and imposed loads. 42 SURFACE PREPARATION 45 General: Immediately before placing asphalt materials, remove loose and deleterious material from substrate surfaces. Ensure that prepared subgrade is ready to receive paving. 48 Sweep loose granular particles from surface of unbound -aggregate base course Do not dislodge or disturb aggregate embedded in compacted surface of base course. 51 Herbicide Treatment: Apply herbicide according to manufacturer's recommended rates and written 1066,03 Hot -Mix Asphalt Paving Chesterley Park Site Improvements 02511 - 3 application instructions. Apply to dry, prepared subgrade or surface of compacted -aggregate base before applying paving materials. 3 COMPACTION 6 Generale Begin compaction as soon as placed hot -mix paving will bear roller weight without excessive displacement. Compact hot -mix paving with hot, hand tampers or vibratory -plate compactors in areas 9 inaccessible to rollers. Complete compaction before mix temperature cools to 185 deg F (85 deg C). 12 Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. 15 INSTALLATION TOLERANCES Thickness: Compact asphalt mix finish course to not less than 2". 18 Surface Smoothness and Drainage: Compact asphalt to blend smoothly with existing and to provide positive drainage at all locations. 21 PATCHING AND REPAIRS 24 Repairs: Saw cut perimeter of patch and excavate existing pavement section to sound base. Recompact new subgrade. Excavate rectangular or trapezoidal patches, extending 12 inches (300 mm) into adjacent sound pavement, unless otherwise indicated. Cut excavation faces vertically. 27 Where existing base course has been removed or disturbed provide new compacted base to match existing thickness, but not less than 4" depth. Compact 95% of maximum density per 30 ASTM D-1557. Tack coat faces of excavation and allow to cure before paving. 33 Fill excavation with dense -graded, hot -mix asphalt base mix and, while still hot, compact flush with adjacent surface. 36 Crack and Joint Filling: Remove existing filler material from cracks or joints to a depth of 1/4 inch (6 mm). Refill with asphalt joint -filling material to restore watertight condition. Remove excess filler that has accumulated near cracks or joints. 39 Tack Coat Apply uniformly to existing surfaces of previously constructed asphalt or portland cement concrete paving and to surfaces abutting or projecting into new, hot -mix asphalt pavement. Apply at a 42 uniform rate of 0.05 to 0.15 gal./sq. yd. (0.2 to 0 7 Usq. m) of surface. Allow tack coat to cure undisturbed before paving. 45 Avoid smearing or staining adjoining surfaces, appurtenances, and surroundings. Remove spillages and clean affected surfaces. 48 PAVEMENT MARKING Do not apply pavement -marking paint until layout, colors, and placement have been verified with Architect. 51 1066.03 Hot -Mix Asphalt Paving 3 6 9 12 15 Chesterley Park Site Improvements 02611 , 4 Sweep and clean surface to eliminate loose material and dust. Apply paint with mechanical equipment to produce pavement markings of dimensions indicated with uniform, straight edges. Apply at manufacturer's recommended rates to provide a minimum wet film thickness of 15 mils (0.4 mm). VIIHEEL STOPS Securely attach wheel stops into pavement with not Tess than 2 galvanized steel dowels embedded in precast concrete at one-third points. Firmly bond each dowel to wheel stop and to pavement. Extend upper portion of dowel 5 inches into wheel stop and lower portion a minimum of 5 inches into pavement. END OF SECTION 02511 1066.03 Hot -Mix Asphalt Paving Chesterley Park Site improvements 02831-1 SECTION 02831 - CHAIN LINK FENCES AND GATES 3 PART 1 -GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section includes the following: Galvanized -steel chain Zink fabric. 18 Galvanized -steel framework. Polyvinyl chloride privacy slats. 21 Related Sections: The following Sections contain requirements that relate to this Section: 24 Division 2 Section "Earthwork" for filling and grading work. Division 3 Section "Cast -in -Place Concrete" for concrete for post footings. 27 QUALITY ASSURANCE 30 Installer Qualifications: Engage an experienced Installer who has at least three years' experience and has completed at least five chain link fence projects with same material and of similar scope to that indicated for this Project with a successful construction record of in-service performance. 33 Single -Source Responsibility: Obtain chain Zink fences and gates, including accessories, fittings, and fastenings, from a single source. 36 PROJECT CONDITIONS 39 Field Measurements: Verify layout information for fences shown on the Drawings. Verify dimensions by field measurements. 42 PART 2 - PRODUCTS 45 FABRIC 48 Selvage: Knuckled on both selvages for 2 -inch and 2 -1/8 -inch mesh sizes with heights of 60 inches and Tess. 51 Steel Chain -Link Fence Fabric: Fabricated in one-piece widths for fencing 12 feet and Tess in height to comply with Chain Link Fence Manufacturers Institute (CLFMI) "Product Manual" and with requirements indicated below: 54 1066.03 Chain Link Fences and Gates Chesterley Park Site improvements 02831-2 Mesh and Wire Size: 2 -inch mesh, 0.148 -inch diameter (9 gage). 3 Coating: ASTM A 817, Type 2, Class 1, zinc -coated (galvanized) applied after weaving. FRAMING 6 Top Rail: Manufacturer's longest lengths. Provide rail ends or other means for attaching top rail securely to each gate comer, pull and end post. 9 Steel posts, end, intermediate and gate: Furnish posts for supporting single gate leaf, or one leaf of a double gate installation, for nominal gate widths as follows: 12 Up to 6 feet: 2.375 -inch OD with 0.095 -inch minimum um wall thickness , Type I or II steel pipe. 15 FITTINGS AND ACCESSORIES Material: Comply with ASTM F 626. Mill -finished galvanized iron or steel to suit manufacturer's 18 standards. Steel and Iron: Unless specified otherwise, hot -dip galvanize pressed steel or cast-iron fence 21 fittings and accessories with at least 1.2 oz_ zinc per sq. ft. as determined by ASTM A 90. Post and rine Caps: Provide weathertight closure cap for each post. Provide line post caps with loots to 24 receive tension wire or top rail. Tension and Brace Bands: 3/4 -inch -wide minimum hot -dip galvanized steel with a minimum of 1.2 oz. of 27 zinc coating per sq. ft. Tension Wire: 0 177 -inch -diameter metallic -coated steel marcelled tension wire conforming to ASTM A 30 824 with finish to match fabric. Coating Type II zinc in the following class as determined by ASTM A 90: 33 Class 2, with a minimum coating weight of 1.20 oz. per sq. ft. of uncoated wire surface. 36 GATES Fabrication: Fabricate perimeter frames of gates from metal and finish to match fence framework. 39 Assemble gate frames by welding. Provide horizontal and vertical members to ensure proper gate operation and attachment of fabric, hardware, and accessories. Space frame members maximum of 8 feet apart. 42 Provide same fabric as for fence. Install fabric with tension bars and bands at vertical edges and at top and bottom edges_ 45 Install diagonal cross -bracing consisting of 3/8 inch diameter adjustable -length truss rods on gates to ensure frame rigidly without sag or twist. 48 Swing Gates: Comply with ASTM F 900. 51 Steel: Fabricate perimeter frames of minimum 1.90 inch OD Type I or II steel pipe. Gate Hardware: Provide hardware and accessories for each gate, galvanized per ASTM 54 A153, and in accordance with the following: 1066.03 Chain Link Fences and Gates Chesterley Park Site Improvements 02831-3 Hinges: Size and material to suit gate size, non -lift-off type, offset to permit 180 deg. 3 gate opening. Provide 1-1/2 pair hinges for each leaf. Latch: Forked type or plunger -bar type to permit operation from either side of gate, with 6 padlock eye as integral part of latch. Keeper: Provide keeper for each gate leaf, which automatically engages gate leaf and 9 holds it in open position until manually released. Gate stops: Provide gate stops consisting of mushroom -type flush plate with anchors, 12 set in concrete, and designed to engage center drop rod or plunger bar. Include locking device and padlock eyes as integral part of latch, permitting both gate leaves to be locked with single padlock. 15 PRIVACY SLATS 18 Material: Polyvinyl chloride (PVC) light -stabilized, 0.023 inch thick minimum, sized to fit mesh specified in direction indicated. 21 Color. Dark Green. 24 PART 3 - EXECUTION 27 INSTALLATION General: Install fence to comply with ASTM F 567. 30 Excavation: Drill or hand -excavate (using post -hole digger) holes for posts to diameters and spacings indicated, in firm, undisturbed or compacted soil. 33 If not indicated on Drawings, excavate holes for each post to minimum diameter recommended by fence manufacturer, but not Tess than four times the largest cross section of post. 36 Unless otherwise indicated, excavate hole depths approximately 3 inches lower than post bottom, with bottom of posts set not less than 36 inches below finish grade surface. 39 Setting Posts: Center and align posts in holes 3 inches above bottom of excavation. Space a maximum of 10 feet o.c., unless otherwise indicated. 42 Protect portion of posts above ground from concrete splatter. Place concrete around posts and vibrate or tamp for consolidation. Check each post for vertical and top alignment, and hold in position during placement and finishing operations. 45 Top Rails: Run rail continuously through line post caps. Provide expansion couplings as recommended by fencing manufacturer. 48 Bottom Tension Wire: Install tension wire within 6 inches of bottom of fabric before stretching fabric and tie to each post with not Tess than same gage and type of wire. Pull wire taut, without sags. Fasten fabric 51 to tension wire with 0 120 -inch -diameter (11 -gage) hog rings of same material and finish as fabric wire, spaced a maximum of 24 inches o.c. 54 Fabric: Leave approximately 2 inches between finish grade and bottom salvage unless otherwise 1066.03 Chain Link Fences and Gates 3 Chesterley Park Site Improvements 02831.4 indicated. Pull fabric taut and tie to posts, rails, and tension wires. install fabric on security side of fence, and anchor to framework so that fabric remains under tension after pulling force is released. Tension or Stretcher Bars: Thread through fabric and secure to end, corner, pull, and gate posts with tension bands spaced not over 15 inches o.c. Tie Wires: Use wire of proper length to secure fabric firmly to posts and rails. Bend ends of wire to minimize hazard to persons or clothing. 9 Maximum Spacing: Tie fabric to line posts 12 inches o.c. and to rails and braces 24 inches o.c. 12 Fasteners. Install nuts for tension bands and carriage bolts on the side of the fence opposite the fabric side. Peen ends of bolts or score threads to prevent removal of nuts for added security. 15 Privacy Slats: install slats vertically, securely locked in place. 18 GATE INSTALLATION Install gates plumb, level, and secure for full opening without interference. Install ground -set items in 21 concrete for anchorage. Adjust hardware for smooth operation and lubricate where necessary. Install gates according to manufacturer's instructions, plumb, level, and secure. 24 ADJUSTING ING Gates • Readjust gates for optimum operating condition and safety. 27 30 END OF SECTION 02831 1066.03 Chain Link Fences and Gates Chesterley Park Site Improvements SECTION 02900 - LANDSCAPING 3 PART 1 - GENERAL 6 02900-1 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section includes the following: 18 Topsoil and soil amendments. Fertilizers and mulches. Hydroseeding. 21 Trees. Related Sections. The following Sections contain requirements that relate to this Section: 24 Division 2 Section "Earthwork" for protection of existing planting, topsoil stripping and stockpiling, site clearing, excavation, filling and rough grading. 27 Division 2 Section "Irrigation System" for bidder designed underground irrigation system. 30 SUBMITTALS 33 General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. 36 Product certificates signed by manufacturers certifying that their products comply with specified requirements. 39 Manufacturer's certified analysis for standard products. Analysis for other materials by a recognized laboratory made according to methods 42 established by the Association of Official Analytical Chemists, where applicable. Label data substantiating that plants, trees, shrubs, and planting materials comply with 45 specified requirements. 48 Product certificates signed by manufacturers certifying that their products comply with specified requirements. 51 Certification of grass seed from seed vendor for each grass -seed mixture stating the botanical and common name and percentage by weight of each species and variety, and percentage of purity, germination, and weed seed. Include the year of production and date of packaging; 54 identify source, including name and telephone number of supplier. 1066.03 Landscaping Chesteriey Park Site Improvements 02900-2 Maintenance instructions recommending procedures to be established by Owner for maintenance of 3 landscaping during an entire year. Submit before expiration of required maintenance periods. Warranties: Deliver all warranties to the Architect. 6 QUALITY ASSURANCE 9 Installer Qualifications: Engage an experienced Installer who has completed landscaping work similar in material, design, and extent to that indicated for this Project and with a record of successful landscape 12 establishment. Provide quality, size, genus, species, and variety of trees and shrubs indicated, complying with applicable 15 requirements of ANSI Z60.1 "American Standard for Nursery Stock." Topsoil Analysis: Furnish a soil analysis made by a qualified independent soil -testing agency stating 18 percentages of organic matter, inorganic matter (silt, day, and sand), deleterious material, pH, and mineral and plant -nutrient content of topsoil. 21 Report suitability of topsoil for growth of applicable planting material. State recommended quantities of nitrogen, phosphorus, and potash nutrients and any limestone, aluminum sulfate, or other soil amendments to be added to produce a satisfactory topsoil. 24 Substitutions: Do not make substitutions without the written authorization of the Architect. if specified landscape material is not obtainable, submit proof of non-availability to Architect, together with 27 proposal for use of equivalent material. Allow sufficient time (at least 7 days) for review of proposed substitution by the Architect. 30 DELIVERY, STORAGE, AND HANDLING Packaged Materials: Deliver packaged materials in containers showing weight, analysis, and name of 33 manufacturer. Protect materials from deterioration during delivery and while stored at site. Seed: Deliver seed in original sealed, labeled, and undamaged containers. 36 Trees and shrubs: Deliver freshly dug trees and shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set trees and 39 other planting materials in shade, protect from weather and mechanical damage, and keep roots moist by covering with burlap, mulch or other acceptable means to retain moisture. Do not remove container grown stock from containers until planting time. 42 PROJECT CONDITIONS 45 Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage. Hand excavate, as required. Maintain grade stakes until removal is mutually agreed upon by parties concemed. Coordinate with the Owner on location of existing irrigation system. 48 Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Architect before planting. 51 WARRANTY 54 General Warranty: The special warranty specified in this Article shall not deprive the Owner of other rights 1066.03 Landscaping Chesterley Park Site Improvements 02900-3 the Owner may have under other provisions of the Contract Documents and shall be in addition to, and run concurrent with, other warranties made by the Contractor under requirements of the Contract 3 Documents. Special Warranty: Warrant hydroseeded lawn for a period of one year after date of Substantial 6 Completion, against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or incidents that are beyond Contractor's control. 9 Remove and replace dead planting materials immediately unless required to plant in the succeeding planting season. 12 Replace planting materials that are more than 25 percent dead or in an unhealthy condition at end of warranty period. 15 A limit of one replacement of each plant material will be required, except for losses or replacements due to failure to comply with requirements. 18 LAWN MAINTENANCE Begin maintenance of lawns immediately after each area is planted, coordinate continued maintenance 21 with Owner. 24 PART 2 - PRODUCTS 27 TOPSOIL Topsoil: ASTM D 5268, pH range of 6.5 to 7.5, 4 percent organic material minimum, free of stones 1 inch 30 (25 mm) or larger in any dimension, and other extraneous materials harmful to plant growth. Topsoil Source: 33 Import topsoil from off-site sources. Obtain topsoil from naturally well -drained sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. 36 SOIL AMENDMENTS 39 General: Amend soil as required to provide proper nutrients, pH level and humus content for materials to be planted. 42 Lime: ASTM C 602, Class T, agricultural limestone containing a minimum 80 percent calcium carbonate equivalent, with a minimum 99 percent passing a No. 8 (2.36 mm) sieve and a minimum 75 percent passing a No 60 (250 micrometer) sieve. 45 Provide lime in the form of dolomitic limestone. 48 Aluminum Sulfate: Commercial grade, unadulterated. Sand: Clean, washed, natural or manufactured sand, free of toxic materials. 51 Perlite. Horticultural perlite, soil amendment grade. 54 Peat Humus: Finely divided or granular texture, with a pH range of 6 to 7.5, composed of partially 1066.03 Landscaping Chesterley Park Site Improvements decomposed moss peat (other than sphagnum), peat humus, or reed -sedge peat. 02900-4 3 Sawdust or Ground -Bark Humus: Decomposed, nitrogen -treated, of uniform texture, free of chips, stones, sticks, soil, or toxic materials. 6 Manure: Weii-rotted, unleached stable or cattle manure containing not more than 25 percent by volume of straw, sawdust, or other bedding materials; free of toxic substances, stones, sticks, soil, weed seed, and material harmful to plant growth. 9 Herbicides: EPA registered and approved, of type recommended by manufacturer. 12 Water: Potable. FERTILIZER 15 Commercial Fertilizer: Commercial -grade complete fertilizer of neutral character, consisting of fast- and slow-release nitrogen, 50 percent derived from natural organic sources of urea -form, phosphorous, and 18 potassium in the following composition: "4 G I 2i 30 GRASS MATERIALS Grass Seed: Fresh, clean, dry, new -crop seed complying with the Association of Official Seed Analysts' "Rules for Testing Seeds" for purity and germination tolerances. Seed Mixture: Provide seed of grass species and varieties, proportions by weight, and minimum percentages of purity, germination, and maximum percentage of weed seed as indicated on Schedules at the end of this Section. TREES: General: Furnish nursery -grown trees of size, genus, species and variety shown and conforming to ANSI 260.1, with healthy root systems developed by transplanting or root pruning. Provide well -shaped, 33 fully -branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement. 36 Grade- Provide trees of sizes and grades conforming to ANSI 260.1 for type of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to Architect, with a proportionate increase in size of roots or balls. 39 42 Shade Trees: Single -stem trees with straight trunk, well-balanced crown, and intact leader, of height and caliper indicated, conforming to ANSI Z60 1 for type of trees required. Branching Height: 1/3 to 1/2 of tree height. 45 Small trees: Small upright or spreading type, branched or pruned naturally according to species and type, and with relationship of caliper, height, and branching recommended by ANSI Z60.1. Provide balled and burlapped trees. 48 51 Container -grown trees will be acceptable in lieu of balled and burlapped trees subject to meeting ANSI Z60.1 limitations for container stock. MISCELLANEOUS LANDSCAPE MATERIALS 54 Anti -Desiccant: Emulsion -type, film -forming agent designed to permit transpiration but retard excessive 1066.03 Landscaping 3 6 Chesterley Park Site Improvements 02900-5 Toss of moisture from plants. Deliver in manufacturer's fully identified containers and mix in accordance with manufacturer's instructions. Tree Wrap: Tree -wrap tape designed to prevent bore damage and winter freezing and to protect against damage by weed -eaters and other equipment. Stakes and Guys: Provide stakes and deadmen of sound, new hardwood, redwood, or pressure -preservative -treated softwood, free of knots, holes, cross grain, and other defects, 2 by 2 inches 9 by length as required, pointed at one end. Provide guys of plastic adjustable ties ("Aglock" or equal). 12 PART 3 - EXECUTION 15 EXAMINATION Examine areas to receive landscaping for compliance with requirements and for conditions affecting 18 performance of work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. Layout individual tree locations and outline areas and secure Architect's acceptance before start of planting work. Make minor adjustments as may be required. 21 TOPSOIL PLACEMENT AND LAWN PLANTING PREPARATION 24 Loosen subgrade to a minimum depth of 4 inches. Remove stones larger than 1-1/2 inches in any dimension and sticks, roots, rubbish, and other extraneous materials. 27 Spread planting soil mixture to depth required to meet thickness, grades, and elevations shown, after Tight rolling and natural settlement. Do not spread if planting soil or subgrade is frozen. Place approximately 1/2 the thickness of planting soil mixture required. Work into top of loosened subgrade to create a 30 transition layer and then place remainder of planting soil mixture. Grade lawn and grass areas to a smooth, even surface with loose, uniformly fine texture. Roll and rake, 33 remove ridges, and fill depressions to meet finish grades. Limit fine grading to areas that can be planted in the immediate future. Remove trash, debris, stones larger than 1-1/2 inches in any dimension, and other objects that may interfere with planting or maintenance operations. Moisten prepared lawn areas before planting when soil is dry. Water thoroughly and allow surface to dry before planting. Do not create muddy soil. 36 39 HYDROSEEDING NEW LAWNS 42 Hydroseeding: Mix specified seed, fertilizer, and fiber mulch in water, using equipment specifically designed for hydroseed application. Continue mixing until uniformly blended into homogenous slurry suitable for hydraulic application. 45 Mix slurry with nonasphaltic tackifier. 48 Apply slurry uniformly to all areas to be seeded in a 1 -step process. Apply mulch at the minimum rate of 1500 Ib per acre (16.5 kg per 100 sq. m) dry weight but not Tess than the rate required to obtain specified seed -sowing rate. 51 EXCAVATION FOR TREES 54 Pits and Trenches: Excavate with vertical sides and with bottom of excavation slightly raised at center to 1066.03 Landscaping Chesterley Park Site Improvements 02900-6 assist drainage. Loosen hard subsoil in bottom of excavation. 3 Balled and Burlapped Trees and Shrubs: Excavate approximately 1-1/2 times as wide as ball diameter and equal to ball depth, plus the following setting layer depth: Allow 3 inches of planting soil. 9 Container -Grown Trees and Shrubs: Excavate to container width and depth, plus the following setting -layer depth: Allow 3 inches (75 mm) of planting soil. Dispose of subsoil removed from landscape excavations. Do not mix ,,pith planting soil or use as backfin. 12 Obstructions: Notify Architect if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations. 15 Drainage: Notify Architect if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits. shrub pits. 18 Fill excavations with water and allow to percolate out, before placing setting layer and positioning trees and shrubs. PLANTING TREES 24 Set balled and buriapped stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated. 30 Place stock on setting layer of compacted planting soil. Remove burlap and wire baskets from tops of balls and partially from sides, but do not remove from under balls Remove pallets, if any, before setting. Do not use planting stock if ball is cracked or broken before or during planting operation. Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air 33 pockets. When pit is approximately 1/2 backfilled, water thoroughly before placing remainder of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. 36 Set container -grown stock plumb and in center of pit or trench with top of ball raised above adjacent finish grades as indicated. 39 Carefully remove containers so as not to damage root balls. Place stock on setting layer of compacted planting soil. 42 Place backfill around ball in layers, tamping to settle backfill and eliminate voids and air pockets. When pit is approximately 1/2 backfilled, water thoroughly before placing remainder 45 of backfill. Repeat watering until no more is absorbed. Water again after placing and tamping final layer of backfill. 48 Dish and tamp top of backfill to form a 3 -inch -high mound around the rim of the pit. Do not cover top of root ball with backfill. 51 54 Prune, thin, and shape trees according to standard horticultural practice. Prune trees to retain required 1066.03 Landscaping TREE PRUNING Chesterley Park Site Improvements 02900-7 height and spread. Unless otherwise directed by Architect, do not cut tree leaders; remove only injured or dead branches from flowering trees. 3 TREE GUYING AND STAKING 6 Guy and stake trees immediately after planting. Use 3 stakes and plastic adjustable ties ("Aglock" or equal). Provide expandable tree guards at base of trunk extending a minimum of 12" above ground to 9 protect trunks from mowing and trimming damage. 12 MULCHING Mulch 1'-0" diameter circle around trunks of trees with 2" thickness of fine -grind composted bark; hold bark 15 back from tree trunk 2" all around. Mulch continuous area 4'-O" wide at arborvitae rows. 18 ANTI -DESICCANT APPLICATION Apply anti -desiccant material to trees and other plantings in accordance with manufacturer's 21 recommendations. 24 CLEANUP AND PROTECTION During landscaping, keep pavements clean and work area in an orderly condition. 27 Protect landscaping from damage due to landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or 30 replace damaged landscape work as directed. During hydroseeding, care should be taken to avoid overspray of hydroseed mix onto adjacent surfaces 33 such as concrete, asphalt, or structures. If overspray occurs, clean surfaces to restore to original condition. 36 DISPOSAL OF SURPLUS AND WASTE MATERIALS Disposal: Remove surplus soil and waste material, including excess subsoil, unsuitable soil, trash, and 39 debris, and legally dispose of it off the Owner's property. 42 PART 4 - SCHEDULES 45 Schedule of Trees: Specie Common Name Caliper 48 Acer rubrum 'October Glory' Red Maple 2" minimum Catalpa speciosa Western Catalpa 2" minimum 51 Chamaecyparis nootkatensis Alaska Yellow Cedar 2" minimum Platanus acerifolia London Plane Tree 2" minimum 54 Thuja occidentalis "Emerald Green" American Arborvitae 5 gal. 1066.03 Landscaping Chesterley Park Site Improvements 02900-8 3 Schedule of Grass Seed Mixture for Hydroseeding Proportion 6 by weight Common Name Hotanic..al Nam 50% Kentucky Bluegrass Poa pratensis 9 30% Chewings Red Fescue Festuca ruba var 20% Perennial Ryegrass Lolium perenne 12 Wildflower Seed 15 Provide mix formulated for Yakima -area climatic conditions. Mixture should contain no seeds from species considered to be noxious weeds by authorities having jurisdiction. 18 END OF SECTION 02900 21 1066.03 Landscaping Chesterley Park Site Improvements SECTION 02910 - IRRIGATION SYSTEM 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 02910-1 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section includes the following: 18 New service connection from existing irrigation canal, including installation of pump, filters and other required equipment. Bidder Designed Underground Irrigation System. 21 Related Sections: The following Sections contain requirements that relate to this Section: 24 Division 2 Section "Earthwork" for protection of existing planting, topsoil stripping and stockpiling, site clearing, excavation, filling and rough grading. Division 2 Section "Landscaping" for soil preparation, hydroseeding and tree planting. 27 GENERAL 30 The existing irrigation system is connected to City of Yakima potable water system. Irrigation system design will include disconnecting from this system and feeding the entire park (existing and new areas) from new irrigation water intake and pumping system. 33 SUBMITTALS 36 General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. 39 Product Data: Submit manufacturer's technical data and installation and operating instructions for underground sprinkler system components, including all specified and required accessories. 42 Drawings: Prior to beginning work, prepare and submit a drawn to scale, fully annotated underground irrigation system layout plan clearly indicating all aspects of the proposed system. Provide supplementary details, schedules, calculations and data as necessary to fully illustrate the design and proposed 45 installation. Cooperate with Architect to achieve a system meeting intent of contract documents. Resubmit as necessary until approved. 48 Architect's approval of submittals does not relieve Contractor from the responsibility to comply with specified coverage and other performance requirements. 51 Maintenance data for inclusion in "Operating and Maintenance Manual" specified in Division 1 Section "Project Closeout" for the following: 54 1066.03 Irrigation System Chesterley Park Site Improvements 02910-2 Pumps Filters 3 Pressure regulators. Automatic control valves. Sprinklers. 6 Controllers_ Warranties: Deliver all warranties to the Architect. 9 QUALITY ASSURANCE 12 Installer Qualifications. Engage an experienced Installer who has completed irrigation systems similar in material, design, and extent to that indicated for this Project and with a record of successful landscape establishment. 15 Substitutions: Do not make substitutions without the written authorization of the Architect. Provide proposal for use of equivalent components that completely describes those components. Allow sufficient 18 time (at least 7 days) for review of proposed substitution by the Architect. PROJECT CONDITIONS 21 Utilities: Determine location of above grade and underground utilities and perform work in a manner which will avoid damage Hand excavate, as required. Maintain grade stakes until removal is mutually agreed 24 upon by parties concerned. Coordinate with the Owner on location of existing irrigation system and interface between new and existing systems. Coordinate weir box connection work with the Neches Cowiche Canal Co. 27 SEQUENCING AND SCHEDULING 30 Maintain uninterrupted water service to remainder of site. Coordinate any temporary water shutoff with Owner 33 Coordinate irrigation systems work with landscape work specified in Division 2 Section "Landscaping". 36 PART 2 - PRODUCTS 39 WATER INTAKE SYSTEM, GENERAL Take water from the existing concrete weir box at the Naches-Cowiche canal just west of North 40th 42 Avenue. Pipe under North 40t' to a pump and filter station on Park property. Provide 3 phase power to pump Provide 1000 gal. settling tank and drainfield for filter backflush water. Provide piping required to feed new sprinkler stations and existing sprinkler stations. 45 WATER INTAKE SYSTEM, DESIGN CRITERIA 48 Existing system consists of 23-1/2" electric valves operated from a 24 station controller located in the rest room building. Currently two (2) valves are typically operated at one time to cover the existing park in a reasonable time. 51 Provide 960 GPM and ability to operate four (4) irrigation sets simultaneously. 54 The following sizing and equipment is for bidder's information only. Successful bidder must submit a 1066.03 Irrigation System Chesterley Park Site Improvements 02910-3 complete system layout including equipment and sizing calculations for approval_ 3 Existing Weir Box: Provide a steel frame coarse heavy duty trash screen (removable) Supply Pipe: 10" 160# gasket type PVC, punch under North 40th Avenue. Provide air vent at outlet from 6 weir box and a cleanout/drain at the bottom of the supply pipe. Filtration: Arkal Galaxy 5 unit multi -spine disc filter system 80 mesh with pressure actuated auto flush 9 system. 12 15 Pump: ComeII Model 4 HH, 60 HP 1800 RPM with 14" impeller @ 81% efficiency operating @ 55 BHP. Settling Tank and Drain Field: 1000 gallon "septic type" tank. Two lines of plastic infiltrators with crushed rock base, each tine 24 feet long. Mount filter system and pump on 4" unreinforced concrete pad(s). 18 Include automatic pressure sustaining, pressure reducing and quick acting pressure relief valves as appropriate to the system. Provide cut off switch protection to prevent pump operation if water flow is interrupted. 21 IRRIGATION SYSTEM MATERIALS 24 Pressure Pipe and Circuit Pipe (downstream from circuit valves): Comply with the following: ASTM D 1785, Schedule 40 PVC pipe. Pipe Sleeves: ASTM D 1785 Schedule 40 PVC pipe. 30 Pipe Fittings: For PVC plastic pipe, ASTM D 2266 socket fittings with ASTM D 2564 solvent cement. Provide threaded fittings and nipples for sprinkler swing joints and elsewhere as necessary to make connections to valves and devices. 33 Valves: Manufacturer's standard, of type and size indicated, and as follows: 36 Service stop and waste valve: Mueller stop and waste, or equal. Provide Ametek valve box or equal. 27 39 Quick coupling valves for air blowout: Rainbird No. 3 or approved equal. Sprinkler Heads: Manufacturer's standard units designed to provide uniform coverage over entire area of 42 spray for each planting and Landscaping area shown on drawings at available water pressure. Use appropriate heads for locations. Units shall be as follows: 45 Hunter 1-25 Series, stainless steel riser Submit small area proposed sprinklers for approval. 48 A rubber cover kit is required where sprinklers occur in soccer fields. 51 54 Irrigation Controller: Toro FX model (comparable Hunter product is acceptable). 1066.03 Irrigation System Chester -ley Park Site Improvements 02910-4 PART 3 - EXECUTION 3 EXAMINATION 6 Examine areas to receive landscaping and irrigation system for compliance with requirements and for conditions affecting performance of work of this Section. Do not proceed with installation until unsatisfactory conditions have been corrected. Coordinate with landscape contractor on location of trees 9 and planting schedule. IRRIGATION SYSTEM DESIGN 12 Design Requirements- Contractor is responsible for design and provision of a complete operable system including all required components and accessories necessary to comply with specified requirements. 15 Indicate basis of design on shop drawing submittals. Installer is responsible for determining all applicable regulatory requirements and for designing and providing a system and components in compliance therewith. 18 Coordination: Coordinate work of this section with work of all adjacent and affected trades, including all necessary sequencing and timing of installation. Coordinate closely with landscaping work and comply 21 with applicable requirements of other Division 2 sections. Location of Heads: Contractor shall design, and clearly indicate on shop drawing$, proposed locations 24 and types of each sprinkler head. Make minor field adjustments as necessary to insure minimum specified coverages and to avoid obstructions. Arrange, locate and adjusts heads to minimize spraying of pavement and other non -landscaping surfaces. 27 Minimum Water Coverage: System and components shall be designed and installed. to provide 100% double coverage. 30 IRRIGATION SYSTEM INSTALLATION 33 Install entire system including all components, with all accessories required for a complete and fully operational system in accordance with normal practices for first class commercial work. 36 CONTROLLER INSTALLATION Mount new controller in existing controller location in Rest Room Building. Return existing controller to 39 Owner. CLEANUP AND PROTECTION 42 During landscaping, keep pavements clean and work area in an orderly condition. 45 Protect landscaping from damage due to irrigation and landscape operations, operations by other contractors and trades, and trespassers. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged irrigation or landscape work as directed. 48 51 END OF SECTION 02910 1066.03 Irrigation System Chesterley Park Site Improvements 03300-1 SECTION 03300 - CAST -IN-PLACE CONCRETE 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to this Section 12 SUMMARY 15 This Section specifies cast -in place concrete, including formwork, reinforcing, mix design, placement procedures, and finishes and includes the following - 18 Curbs. Sidewalk. 21 Bleacher Pads. Patching. 24 Related Sections- The following sections contain requirements that relate to this Section. Division 2 Sections "Selective Demolition" for removal of existing curbs and asphalt. 27 SUBMITTALS 30 General- Submit the following according to Conditions of the Contract and Division 1 Specification Sections. 33 Product data for proprietary materials and items, including reinforcement and forming accessories, admixtures, patching compounds, waterstops, joint systems, curing compounds, dry -shake finish 36 materials, and others if requested by Architect. 39 QUALITY ASSURANCE Codes and Standards: Comply with provisions of the following codes, specifications, and standards, 42 except where more stringent requirements are shown or specified. American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings." 45 ACI 318, "Building Code Requirements for Reinforced Concrete " Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice." Uniform Building Code (UBC), most recent Edition. 48 Materials and installed work may require testing and retesting at any time during progress of Work. All necessary retesting of rejected materials for installed Work shall be done at Contractor's expense. 51 1066.03 Cast -in -Place Concrete Chesterley Park Site Improvements 03300-2 3 PART 2 - PRODUCTS 6 FORM MATERIALS Form Release Agent: Provide commercial formulation form release agent with a maximum of 350 g/L 9 volatile organic compounds (VOCs) that will not bond with, stain, or adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 12 CONCRETE MATERIALS r 01 UQiid ' I1I l L. ASTIIVI C 150, T ype 1 15 Use one brand of cement throughout Project unless otherwise acceptable to Architect. 18 Normal -Weight Aggregates: ASTM C 33 and as specified. Provide aggregates from a single source for exposed concrete. 21 For exposed exterior surfaces, do not uuse fine or coarse aggregates that contain substances that cause spalling 24 Local aggregates not complying with ASTM C 33 that have been shown to produce concrete of adequate strength and durability by special tests or actual service may be used when acceptable to Architect. 27 Water: Potable. 30 Admixtures, General' Provide concrete admixtures that contain not more than 0 1 percent chloride ions Air -Entraining Admixture. ASTM C 260, certified by manufacturer to be compatible with other required 33 admixtures. Water -Reducing Admixture. ASTM C 494, Type A. 36 High -Range Water -Reducing Admixture: ASTM C 494, Type F or Type G 39 Water -Reducing, Accelerating Admixture ASTM C 494, Type E. Water -Reducing, Retarding Admixture' ASTM C 494, Type D. 42 RELATED MATERIALS 45 Moisture -Retaining Cover: One of the following, complying with ASTM C 171 Waterproof paper 48 Polyethylene film. Polyethylene -coated burlap. 51 Liquid Membrane -Forming Curing Compound: Liquid -type membrane -forming curing compound 1066.03 Cast -in -Place Concrete 3 6 9 12 Chesterley Park Site Improvements 03300-3 complying with ASTM C 309, Type I, Class A. Moisture loss not more than 0.55 kg/sq meter when applied at 200 sq ft./gal Products: Subject to compliance with requirements, provide one of the following, or approved Spartan -Cote, The Burke Co Day -Chem Cure and Seal, Dayton Superior Corp. Horn Clear Seal, A.C. Horn, Inc. Seal N Kure, Metalcrete Industries. Kure -N -Seal, Sonneborn-Chemrex. Bonding Agent: Polyvinyl acetate or acrylic base. 15 Epoxy Adhesive: ASTM C 881, two -component material suitable for use on dry or damp surfaces. Provide material type, grade, and class to suit Project requirements 18 PROPORTIONING AND DESIGNING MIXES Prepare design mixes for each type and strength of concrete by either laboratory trial batch or field 21 experience methods as specified in ACI 301. Design mixes to provide normal weight concrete with the following properties as indicated on drawings, 24 and as required in accordance with City of Yakima standard. Slabs: 3500 psi, 5 1/2 sack. 27 Non -Specified (other) 3000 psi, 5 sack. Water -Cement Ratio. Comply with parameters outlined in UBC Table 19-A-3 maintaining specified 30 slump limits. Slump Limits. Place no concrete with greater than 4 inch slump without prior approval of the Architect. 33 Adjustment to Concrete Mixes Mix design adjustments may be requested by Contractor when characteristics of materials, job conditions, weather, test results, or other circumstances warrant, as 36 accepted by Architect. Laboratory test data for revised mix design and strength results must be submitted to and accepted by Architect before using in Work. 39 ADMIXTURES Use water -reducing admixture or high -range water -reducing admixture (superplasticizer) in concrete, 42 as required, for placement and workability Use accelerating admixture in concrete slabs placed at ambient temperatures below 50 deg F (10 deg 45 C). Use air -entraining admixture in exterior exposed concrete unless otherwise indicated Add air -entraining 48 admixture at manufacturer's prescribed rate to result in concrete at point of placement having total air content with a tolerance of plus or minus 1-1/2 percent within the following limits. 51 Concrete exposed to freezing and thawing. 1066.03 Cast -in -Place Concrete 3 Chesteriey Park Site improvements 03300-4 5 percent for 2 -inch maximum aggregate. 5 5 percent for 1 1/2 -inch maximum aggregate 6 0 percent for 1 -inch maximum aggregate Use admixtures for water reduction and set accelerating or retarding in strict compliance with 6 manufacturer's directions CONCRETE MIXING 9 Ready -Mixed Concrete Comply with requirements of ASTM C 94, and as specified. 12 When air temperature is between 85 deg F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes, and when air temperature is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. 15 PART 3 - EXECUTION 18 GENERAL 21 Construct forms to sizes, shapes, lines, and dimensions shown and to obtain accurate alignment, location, grades, level, and plumb work in finished structures. Provide for openings, offsets, reglets. 24 chamfers, blocking, anchorages and inserts, and other features required in the Work. Use selected materials to obtain required finishes. Solidly butt joints and provide backup at joints to prevent cement paste from leaking 27 Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for 30 inclined surfaces where slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like for easy removal. 33 Provide temporary openings for clean -outs and inspections where interior area of formwork is inaccessible before and during concrete placement. Securely brace temporary openings and set tightly to forms to prevent losing concrete mortar. Locate temporary openings in forms at inconspicuous 36 locations. Chamfer exposed corners and edges as indicated, using chamfer strips fabricated to produce uniform 39 smooth lines and tight edge joints. Provisions for Other Trades: Provide openings in concrete formwork to accommodate work of other 42 trades. Determine size and location of openings, recesses, and chases from trades providing such items Accurately place and securely support items built into forms 45 Cleaning and Tightening* Thoroughly clean forms and adjacent surfaces to receive concrete Remove chips, wood, sawdust, dirt, or other debris just before placing concrete. Retighten forms and bracing before placing concrete, as required, to prevent mortar Teaks and maintain proper alignment. 48 JOINTS 51 Locate and install construction and control joints so they do not impair strength or appearance as shown 1066.03 Cast -in -Place Concrete Chesterley Park Site Improvements 03300-5 on the drawings and in accordance with City of Yakima standards. 3 Use bonding agent on existing concrete surfaces that will be joined with fresh concrete PREPARING FORM SURFACES 6 General Coat contact surfaces of forms with an approved, nonresidual, low-VOC, form -coating compound before placing reinforcement. Do not allow excess form -coating material to accumulate in 9 forms or come into contact with in-place concrete surfaces against which fresh concrete will be placed Apply according to manufacturer's instructions. Coat steel forms with a nonstaining, rust -preventative material. Rust -stained steel formwork is not acceptable. 12 CONCRETE PLACEMENT 15 Inspection. Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast in. Notify other trades to permit installation of their work. 18 General- Comply with ACI 304, "Guide for Measuring, Mixing, Transporting, and Placing Concrete," and as specified. 21 Placing Concrete Slabs. Deposit and consolidate concrete slabs in a continuous operation, within limits of construction joints, until completing placement of a panel or section 24 Consolidate concrete during placement operations so that concrete is thoroughly worked around reinforcement, other embedded items and into corners. 27 Bring slab surfaces to correct level with a straightedge and strike off. Use bull floats or darbies to smooth surface free of humps or hollows Do not disturb slab surfaces prior to beginning finishing operations 30 Maintain reinforcing in proper position on chairs during concrete placement. 33 Cold -Weather Placement: Comply with provisions of ACI 306 and as follows Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures 36 When air temperature has fallen to or is expected to fall below 40 deg F (4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 39 deg C) and not more than 80 deg F (27 deg C) at point of placement. Do not use frozen materials or materials containing ice or snow Do not place concrete on 42 frozen subgrade or on subgrade containing frozen materials Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical 45 accelerators unless otherwise accepted in mix designs. Hot -Weather Placement: When hot weather conditions exist that would impair quality and strength of 48 concrete, place concrete complying with ACI 305 and as specified. Cool ingredients before mixing to maintain concrete temperature at time of placement to below 51 90 deg F (32 deg C) Mixing water may be chilled or chopped ice may be used to control 1066.03 Cast -in -Place Concrete 3 6 9 12 Chesterley Park Site Improvements 03300-6 temperature, provided water equivalent of ice is calculated to total amount of mixing water Using liquid nitrogen to cool concrete is Contractor's option Cover re,nforviny steel with water -soaked burlap if it becomes too hot, , 50 that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete Fog spray forms, reinforcing steel, and subgrade just before placing concrete Keep subgrade moisture uniform VYithe{t puddles Vr th-y areas. Use water -reducing retarding admixture when required by high temperatures, low humidity, or other adverse placing conditions, as acceptable to Architect. MONOLITHIC SLAB FINISHES 15 Float Finish: Apply float finish to monolithic slab surfaces to receive trowel finish and other finishes as specified, slab surfaces to be covered with membrane or elastic waterproofing, membrane or elastic roofing, or sand -bed terrazzo, and where indicated 18 After screeding, consolidating, and leveling concrete slabs, do not work surface until ready for floating. Begin floating, using float blades or float shoes only, when surface water has 21 disappeared, or when concrete has stiffened sufficiently to permit operation of power -driven floats, or both. Consolidate surface witti power -driven floats or by hand -floating if area is small or inaccessible to power units Finish surfaces to tolerances of F(F) 18 (floor flatness) and F(L) 24 15 (floor levelness) measured according to ASTM E 1155 Cut down high spots and fill low spots Uniformly slope surfaces to drains. Immediately after leveling, refloat surface to a uniform, smooth, granular texture. Do not use steel trowels for exterior concrete work. 27 Nonslip Broom Finish: Apply a nonslip broom finish to exterior concrete walks and elsewhere as indicated 30 Immediately after float finishing, slightly roughen concrete surface by brooming with fiber -bristle broom perpendicular to main traffic route. Coordinate required final finish with Architect before 33 application. MISCELLANEOUS CONCRETE ITEMS 36 Filling In Fill in holes and openings left in concrete structures for passage of work by other trades, unless otherwise shown or directed, after work of other trades is in place Mix, place, and cure concrete 39 as specified to blend with in-place construction. Provide other miscellaneous concrete filling shown or required to complete Work. 42 CONCRETE CURING AND PROTECTION General. Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. 45 In hot, dry, and windy weather protect concrete from rapid moisture loss before and during finishing operations with an evaporation -control material Apply according to manufacturer's instructions after screeding and bull floating, but before power floating and troweling. 48 51 Start initial curing as soon as free water has disappeared from concrete surface after placing and finishing. Weather permitting, keep continuously moist for not less than 7 days. 1066,03 Cast -in -Place Concrete 3 6 9 Chesterley Park Site Improvements 03300-7 Curing Methods: Cure concrete by curing compound, by moist curing, by moisture -retaining cover curing, or by combining these methods, as specified Provide moisture curing by the following methods: Keep concrete surface continuously wet by covering with water Use continuous water -fog spray Cover concrete surface with specified absorptive cover, thoroughly saturate cover with water, and keep continuously wet. Place absorptive cover to provide coverage of concrete surfaces and edges, with a 4 -inch lap over adjacent absorptive covers. 12 Provide moisture -retaining cover curing as follows: Cover concrete surfaces with moisture -retaining cover for curing concrete, placed in widest 15 practicable width with sides and ends lapped at least 3 inches and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 18 Apply curing compound on exposed interior slabs and on exterior slabs, walks, and curbs as follows. 21 Apply curing compound to concrete slabs as soon as final finishing operations are complete (within 2 hours and after surface water sheen has disappeared). Apply uniformly in continuous operation by power spray or roller according to manufacturer's directions Recoat areas 24 subjected to heavy rainfall within 3 hours after initial application Maintain continuity of coating and repair damage during curing period. 27 Use membrane curing compounds that will not affect surfaces to be covered with finish materials applied directly to concrete. 30 Curing Formed Surfaces- Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces, by moist curing with forms in place for the full curing period or until forms are removed. If forms are removed, continue curing by methods specified above, as applicable. Curing Unformed Surfaces. Cure unformed surfaces, including slabs, floor topping, and other flat surfaces, by applying the appropriate curing method. 33 36 39 Final cure concrete surfaces to receive finish flooring with a moisture -retaining cover, unless otherwise directed CONCRETE SURFACE REPAIRS 42 Patching Defective Areas: Repair and patch defective areas with cement mortar immediately after removing forms, when acceptable to Architect. 45 48 END OF SECTION 03300 1066.03 Cast -in -Place Concrete Chesterley Park Site Improvements 05500-1 SECTION 05500 - METAL FABRICATIONS 3 PART 1 - GENERAL 6 RELATED DOCUMENTS 9 Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 12 SUMMARY 15 This Section includes the following metal fabrications - 18 Pipe Bollards. Miscellaneous metal not specifically described in other sections. 21 SUBMITTALS 24 General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections. 27 Shop drawings detailing fabrication and erection of each metal fabrication indicated Include plans, elevations, sections, and details of metal fabrications and their connections Show anchorage and accessory items. Provide templates for anchors and bolts specified for installation under other Sections. 30 Samples representative of materials and finished products as may be requested by Architect. 33 QUALITY ASSURANCE 36 Fabricator Qualifications: Firm experienced in producing metal fabrications similar to those indicated for this Project with a record of successful in-service performance, and with sufficient production capacity to produce required units without delaying the Work. 39 Welding Standards. Comply with applicable provisions of AWS D1 1 "Structural Welding Code --Steel," AWS D1.2 "Structural Welding Code --Aluminum," and AWS D1.3 "Structural Welding Code --Sheet 42 Steel." 45 PROJECT CONDITIONS Field Measurements: Check actual locations of construction to which metal fabrications must fit by 48 accurate field measurements before fabrication. Show recorded measurements on final shop drawings Coordinate fabrication schedule with construction progress to avoid delaying the Work. 51 PART 2 - PRODUCTS 1066.03 Metal Fabrications Chesterley Park Site improvements 055Q0_2 FERROUS METALS 3 Metal Surfaces, General: For metal fabrications exposed to view in the completed Work, provide materials selected for their surface flatness, smoothness, and freedom from surface blemishes Do not use materials with exposed pitting, seam marks, roller marks, rolled trade names, or roughness 6 Steel Plates, Shapes, and Bars- ASTM A 36/A 36M. 9 Steel Tubing- Product type (manufacturing method) and as follows: Cold -Formed Steel Tubing- ASTM A 500. 12 Hot -Formed Steel Tubing: ASTM A 501 15 Steel Pipe- ASTM A 53, standard weight (schedule 40), unless otherwise indicated. Galvanized finish. 18 Cast -in -Place Anchors in Concrete Anchors of type indicated below, fabricated from corrosion -resistant materials capable of sustaining, without failure, the Toad imposed within a safety factor of 4, as 21 determined by testing per ASTM E 488, conducted by a qualified independent testing agency. Welding Rods and Bare Electrodes Select according to AWS specifications for the metal alloy_ to be 24 welded. PAINT 27 Shop Primer for Ferrous Metal- Fast -curing, lead- and chromate -free, universal modified -alkyd primer complying with performance requirements of FS TT -P-664, selected for good resistance to normal 30 atmospheric corrosion, compatibility with finish paint systems indicated, and capability to provide a sound foundation for field -applied topcoats despite prolonged exposure 33 FASTENERS General Provide plated fasteners complying with ASTM B 633, Class Fe/Zn 25 for electrodeposited 36 zinc coating, for exterior use or where built into exterior walls. Select fasteners for the type, grade, and class required. 39 GROUT Master Builders "Embeco" pre -mixed grout or approved. 42 FABRICATION, GENERAL 45 Form metal fabrications from materials of size, thickness, and shapes indicated but not less than that needed to comply with performance requirements indicated Work to dimensions indicated or accepted on shop drawings, using proven details of fabrication and support. Use type of materials indicated or 48 specified for various components of each metal fabrication. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges. Shear and punch metals cleanly and accurately. Remove burrs. 51 Ease exposed edges to a radius of approximately 1/32 inch (1 mm), unless otherwise indicated Form bent -metal corners to smallest radius possible without causing grain separation or otherwise impairing 1066.03 Metal Fabrications Chesterley Park Site Improvements 05500-3 work. 3 Weld corners and seams continuously to comply with the following: Use materials and methods that minimize distortion and develop strength and corrosion 6 resistance of base metals Obtain fusion without undercut or overlap. Remove welding flux immediately. At exposed connections, finish exposed welds and surfaces smooth and blended so that no roughness shows after finishing, and contour of welded surface matches those 9 adjacent. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever 12 possible. Use exposed fasteners of type indicated or, if not indicated, Phillips flat -head (countersunk) screws or bolts Locate joints where least conspicuous 15 Provide for anchorage of type indicated, coordinate with supporting structure. Fabricate and space anchoring devices to secure metal fabrications rigidly in place and to support indicated Toads. 18 Shop Assembly' Preassemble items in shop to greatest extent possible to minimize field splicing and assembly Disassemble units only as necessary for shipping and handling limitations. Use connections that maintain structural value of joined pieces. Clearly mark units for reassembly and coordinated 21 installation Cut, reinforce, drill, and tap metal fabrications as indicated to receive finish hardware, screws, and 24 similar items. Fabricate joints that will be exposed to weather in a manner to exclude water, or provide weep holes where water may accumulate. 27 ROUGH HARDWARE Furnish bent, or otherwise custom -fabricated, bolts, plates, anchors, hangers, dowels, and other 30 miscellaneous steel and iron shapes as required for framing and supporting woodwork, and for anchoring or securing woodwork to concrete or other structures Straight bolts and other stock rough hardware items are specified in Division 6 Sections Fabricate items to sizes, shapes, and dimensions 33 required Furnish malleable -iron washers for heads and nuts that bear on wood structural connections, and furnish steel washers elsewhere. 36 PIPE BOLLARDS Fabricate pipe bollards from Schedule 80 steel pipe. Cap bollards with 1/4 -inch (6.4 -mm) minimum steel 39 plate Fabricate sleeves for bollard anchorage from steel pipe with 1/4 -inch- (6 4 -mm-) thick steel plate welded 42 to bottom of sleeve. 45 PART 3 - EXECUTION 48 INSTALLATION, GENERAL Fastening to In -Place Construction' Provide anchorage devices and fasteners where necessary for 51 securing miscellaneous metal fabrications to in-place construction. Include threaded fasteners for concrete and masonry inserts, toggle bolts, through -bolts, lag bolts, wood screws, and other connectors as required 1066.03 Metal Fabrications Chesterley Park Site Improvements 05500-4 Cutting, Fitting, and Placement: Perform cutting, drilling, and fitting required for installing miscellaneous metal fabrications. Set metal fabrication accurately in location, alignment, and elevation, with edges and 3 surfaces level, plumb, true, and free of rack; and measured from established lines and levels. FitFit exposed connections accurately together to form hairline inintc 1A/olrt connections that are not to w� wvuv� w ..v..w .+w.� together ... .... ... ...... ... ... �.... ..... ....... _._.. ....._.._ _..__ �. - • --- — 6 be left as exposed joints but cannot be shop -welded because of shipping size limitations. INSTALLING PIPE BOLLARDS Anchor bollards in concrete with pipe sleeves preset and anchored into concrete After bollards have been inserted into sleeves, fill annular space between bollard and sleeve solidly with nonshrink, 12 nonmetallic grout, mixed and placed to comply with grout manufacturer's directions ADJUSTING AND CLEANING 15 18 For galvanized surfaces, clean welds, bolted connections, and abraded areas, and apply galvanizing repair paint to comply with ASTM A 780. END OF SECTION 05500 1066.03 Metal Fabrications Change Order AIA Document G701 - Electronic Format OWNER ARCHITECT CONTRACTOR FIELD OTHER THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES, CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 PROJECT. (name, address) Chesterley Park Site Improvements North 40th Avenue and River Road Yakima, WA 98902 TO CONTRACTOR. (name, address) Evans and Son, Inc. 2206 Terrace Heights Drive Yakima, WA 98901 The Contract is changed as follows. Per Attachment "A" Total Price This Change Order: CHANGE ORDER NUMBER. 1 DATE. July 17, 2001 ARCHITECT'S PROJECT NO 1066.03 CONTRACT DATE. July 17, 2001 CONTRACT FOR: General Construction DEDUCT $ 69,13 5.01 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum was Net change by previously authorized Change Orders The (Contract Sum prior to this Change Order was The (Contract Sum)' will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum including this Change Order will be $ 553,416.26 $ 0.00 $ 553,416.26 $ 69,135 01 $ 484,281.25 The Contract Time will b - : unchanged) by zero (0 ) days. The Date of Substantial Completion as of the date of this Change Order therefore is October 18, 2001 NOTE. This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed maximum Price which have been authorized by Construction Change Directive. ARCHITECT Wardell Architects, P.S. Address 509 West Che Yaki BY/ DA CONTRACTOR Evans and Son, Inc. Address 2206 errace Heights Drive WA 98901 BY. D Wei OWNER City of Yakima Address 129 North 2nd Street ima, WA 98901 BY�C DATE -7/18 fol AIA DOCUMENT G701 • CHANGE ORDER • 1987 EDITION • AIA • COPYRIGHT 1987 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C., 20006-5292. WARNING Unlicensed photocopying violates U.S. copynght laws and is subject to legal prosecution. This document was electronically produced with permission of the AIA and can be iepioduced without violation until the date of expiration as noted below Electronic Format - 0701-1987 User Document. 106603C01 DOC -- 7/17/2001 AIA License Number 110540, which expires on 10/7/2001 -- Page #1 Attachment "A" Change Order No. 1 7/17/01 1. Delete work to existing asphalt parking lot and work associated with the new parking lot, per Wardell Architects Request for Proposal No. 1 dated July 10, 2001 Includes deletion of surveying requirement. Pricing per Evans and Son, Inc. Letter of 7/11/01 Total Cost This Item DEDUCT $ 55,453.29 2. Revise Irrigation System requirements, per Wardell Architects Request for Proposal No. 2 dated July 10, 2001 Pricing per Evans and Son, Inc. Letter of 7/11/01 Total Cost This Item DEDUCT $ 13,681.72 Total Deduction This Change Order, including WSST: $ 69,135.01 ARCI I tTE CTP July 10 2001 Jim Evans Evans and Son Construction 2206 Terrace Heights Drive Yakima, WA 98901 Re: Chesterley Park Site Improvements Project No. 1066.03 Request For Proposal No. 2; Irrigation System Modifications Please prepare a price proposal for a credit to modify the irrigation system as follows: Downsize all system components to provide 720 gpm and the ability to operate three (3) irrigation sets simultaneously Take water from the existing Naches-Cowiche Canal located South of the site across Powerhouse Road. Run piping to site via open trench if more economical than pushing pipe under road. Sinc obert A. Wardell, AIA Principal cc: Denise Nichols Bob DesGroseflier 509 W Chiestnut.. Yakiiina • WA ••98902: .0.9''4-x .•fit... r� � Jul -11-01 10:11A Evans & Son, Inc. 509-575-1105 EVANS & SON, INC. 2206 Terrace Heights Drive, Yakima, Wa. 9S9Q1 (509) 575-0156 / Fax 575-1105 Contr. Reg. #EVANSS1120JH Mr Robert. A. Wardell Wardell Architects 509 West Chestnut Avenue Yakitna, Washington 98902 (509) 453-3693 (509) 453-1336 Fax July 11, 2001 RE. Chesterly Park Site Improvements Project No. 1 066 03 Dear Mr Wardell — As per your request of July 10. 2001 please find the ['ollowing- Proposal Number One Parking Arca Scope of Work Reduction as listed on your request of July 10, 2001 but also to include deletion of surveying, credit to delete the mentioned items . _ . . $ 55,453.29 Proposal Number Two Irrigation System Modifications as listed on your request of .iuly 10, 2001 stating the downsizing, to provide 720 gprn and ability to operate three sets simultaneously, credit. to downsize •$ 13,681.72 Please note that the above prices do include Washington State Sales Tax if you have any questions please give us a call Thank you for your help on this matter Sincerely, "Setvtng the Valley Since 1952" P 01