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R-2002-030 Washington State Department of Transportation (DOT) Cooperative Agreement for Fair Avenue Park & Ride Lot ( Gateway Ce
RESOLUTION NO. R 2002 -30 A RESOLUTION authorizing and directing the City Manager to execute a cooperative agreement between the City of Yakima and the Washington State Department of Transportation regarding the construction, operation and maintenance of a park and ride lot in the vicinity of Fair Avenue opposite the Gateway Shopping Center. WHEREAS, the City of Yakima is proposing to construct, operate and maintain a park and ride lot in the vicinity of Fair Avenue opposite the Gateway Shopping Center; and WHEREAS, the City provides public transportation and has adopted a comprehensive plan to provide mass transit for the City, and said plan includes providing transit services at said park and ride lot; and WHEREAS, the park and ride lot shall be located on real property that WSDOT maintains is under its jurisdictional control; and WHEREAS, WSDOT has provided funds for the construction of the park and ride lot and requires a cooperative agreement with the City regarding the construction, operation and maintenance of the park and ride lot; and WHEREAS, RCW 47.28.140 authorizes WSDOT and the City to enter into such a cooperative agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of a cooperative agreement with WSDOT for the construction, operation and maintenance of the park and ride lot, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute a cooperative agreement between the City of Yakima and the Washington State Department of Transportation regarding the construction, operation and maintenance of a park and ride lot in the vicinity of Fair Avenue opposite the Gateway Shopping Center. ADOPTED BY THE QTY COUNCIL this 2"d day of April, 2002. ATTEST: City Clerk (1k)res/engineering-gateway park & ride-apr 02.pm ./Z -C Place, Mayor, City Project No. 1913 Parcel No. 5-YG057 IC 5-39-06183 AA 5-11235 1 COOPERATIVE AGREEMENT 2 Operation and Maintenance of the Gateway Park and Ride Lot 3 THIS COOPERATIVE AGREEMENT (hereinafter Agreement) for the operation 4 and maintenance of the Gateway Park and Ride Lot is made and entered into by and between the 5 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (hereinafter WSDOT) 6 and the CITY OF YAKIMA, a municipal corporation of the State of Washington, (hereinafter 7 CITY). 8 RECITALS 9 WHEREAS, the CITY is proposing to construct, operate and maintain a park and ride lot 10 commonly known as the Gateway Park & Ride Lot located in the vicinity of Fair Avenue 11 opposite the Gateway Shopping Center (hereinafter Park and Ride Lot); 12 WHEREAS, the Park and Ride Lot is located on real property under the jurisdiction of 13 WSDOT; 14 WHEREAS, the CITY provides public transportation within the CITY of Yakima, and 15 has adopted a comprehensive plan to provide mass transit for said CITY, which includes 16 providing transit services at the Park and Ride Lot; 17 WHEREAS, the CITY agrees to construct, operate and maintain the Park and Ride Lot in 18 exchange for the right to operate transit services; and 19 WHEREAS, WSDOT and the CITY are authorized to enter into this Agreement pursuant 20 to RCW 47.28.140. 21 NOW, THEREFORE, in consideration of the terms, conditions, covenants and 22 performances contained herein, IT IS MUTUALLY AGREED THAT: 23 1. PREMISES. 24 A. The Premises covered by this Agreement is as shown hachured on Exhibit "A", 25 attached hereto and by this reference made a part hereof, and defined as follows: Page 1 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 That portion of the southeast quarter of the southeast quarter of Section 18, 2 Township 13 North, Range 19 East, W.M., Yakima County, Washington, shown 3 as the hachured area in the attached Exhibit A. 4 B. The CITY has examined the Premises and accepts it in its present condition as 5 part of the consideration of this Agreement. 6 2. TERM. The term of this Agreement shall be ten (10) years, commencing on the date of 7 execution of this Agreement by both parties. 8 3. RENEWAL. 9 A. This Agreement may be renewed by the CITY for two (2) additional ten (10) year 10 periods (Renewal Period); provided that (1) the CITY is not in default and has not been in default 11 during the term or any Renewal Period of this Agreement; (2) there is no other public need for the 12 Premises; (3) the Park and Ride Lot is, in WSDOT's determination, continuing to serve a 13 functional highway purpose; and (4) the terms and conditions of this Agreement conform to the 14 existing state policies or practices, laws, and regulations and contracts, or provided the CITY is 15 willing to amend this Agreement to bring it into compliance with such policies, practices, laws, 16 and regulations, and contracts. 17 B. The Agreement for the Renewal Period shall be on the same terms and conditions 18 as set forth herein, except as modified by any changes in policies, practices, laws, regulations or 19 contracts, as reflected in a written amendment signed by both parties. 20 C. The CITY shall give notice of its intent to renew this Agreement for the Renewal 21 Period at least ninety (90) days, but not more than one year prior to the expiration of this 22 Agreement, or any renewal thereof. 23 4. TERMINATION OF AGREEMENT. 24 A. Either party may terminate this Agreement, in whole or in part, without penalty 25 or further liability as follows: 26 (1) Upon thirty (30) days written notice to the other party in the event that 27 said other party is in default and fails to cure such default within that thirty (30) day period, or 28 such longer period as provided by the non -defaulting party; Page 2 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 (2) Upon 180 days written notice, unless an emergency exists, then 2 immediately, if either party determines that it is in the best interest of that party to terminate 3 this Agreement; or 4 (3) Immediately by WSDOT, upon written notice, if a receiver is appointed to 5 take possession of the CITY'S assets, the CITY makes a general assignment for the benefit of 6 creditors, or the CITY becomes insolvent or takes or suffers under the Bankruptcy Act. 7 B. Waiver or acceptance of any default of the terms of this Agreement by one party 8 shall not operate as a release of the other party's responsibility for any prior or subsequent 9 default. 10 C. If the CITY defaults on any provision in this Agreement three (3) times within a 11 twelve (12) -month period, then the third default shall be deemed "non -curable" and this 12 Agreement may be terminated by WSDOT on thirty (30) days written notice. 13 5. CONSIDERATION. In exchange for the use of the Premises by the CITY to operate a 14 park and ride lot in conjunction with transit services, as described elsewhere herein, the CITY 15 agrees to perform the maintenance services on the Premises, as provided elsewhere herein. 16 6. USE OF PREMISES. 17 A. No use other than operation and maintenance of a Park and Ride Lot in 18 conjunction with transit services shall be permitted without the prior written approval of 19 WSDOT. Operation of transit services are the transfer of motorists from private vehicles to 20 busses or to or from private car pool vehicles, bus to bus transfers, transfers to the CITY van 21 pools, and necessary security activities. Any other use authorized by WSDOT will be pursuant 22 to separate written agreement. This provision applies to other uses by the CITY and uses by 23 third parties. 24 B. The CITY shall have access to the Premises at the location shown on Exhibit 25 «A» 26 C. In using the Premises, the CITY must comply with all policies and regulations 27 heretofore adopted or hereafter promulgated by WSDOT relative to the location, operation, and 28 maintenance of improvements located on this Premises. Page 3 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 D. In using the Premises, it is expressly agreed that the CITY shall comply with all 2 applicable federal, state, and local laws, ordinances, and regulations, including environmental 3 requirements, that are in force or which may hereafter be in force and secure and maintain all 4 necessary permits and licenses. 5 E. The CITY agrees to maintain 63 parking spaces on the Premises divided into the 6 following: 61 standard parking spaces; and 2 handicapped parking spaces. 7 F. Signs, display lights, or advertising media/materials are not permitted on the 8 Premises except on transit buses. As per RCW 46.61.570 and .577, the site sign format as shown 9 on Exhibit "B", attached hereto and by this reference made a part hereof, is hereby approved. 10 H. The CITY will not disturb markers installed by a WSDOT franchise/permit holder 11 or lessee and will contact and provide notice to any franchise/permit holder or lessee and all 12 owners of underground facilities prior to excavation on the Premises. The CITY shall contact 13 WSDOT and call the Underground Utility Locating Service, or its successor organization as part 14 of its efforts to ascertain any and all owners of underground facilities and to locate the 15 underground facility. The CITY shall not damage legally installed underground facilities. The 16 CITY shall comply with all applicable provisions of Chapter 19.122 RCW relating to 17 underground facilities. Excavation on the Premises is considered to be new construction subject to 18 the terms and conditions set forth in Section 10 herein. 19 7. MAINTENANCE. 20 A. The CITY agrees to maintain the Premises in accordance with WSDOT standards 21 set forth in the WSDOT Maintenance Manual, and any amendments thereto, which by this 22 reference are incorporated herein. Maintenance shall include, but not be limited to, all upkeep, 23 cleaning and repair of any passenger shelters, access roads, parking stalls, walkways, lot -related 24 signage, landscaping, illumination, drainage facilities, litter receptacles and such other fixtures and 25 appurtenances which may be installed within or adjacent to the passenger shelters for the 26 purposes of passenger comfort, information or safety. Maintenance shall also include snow and 27 ice removal from the Premises. 28 B. Fences on the Premises shall be maintained by the CITY. If any fence is damaged 29 as a result of the CITY's activities, the CITY will promptly repair such damage at its cost to the 30 WSDOT's satisfaction. Page 4 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 C. WSDOT reserves the right to periodically observe and inspect the maintenance 2 work conducted by the CITY on the Premises. WSDOT shall provide written notice to the CITY 3 to include details of those elements or areas not in compliance with specifically referenced 4 WSDOT maintenance requirements. The notice will set a specified reasonable period of time in 5 which requested corrective action must be taken; provided, that if an emergency exists, corrective 6 action must be taken immediately. If corrective measures are not completed within the specified 7 time period, WSDOT may either perform the maintenance as provided elsewhere herein, or issue 8 a notice of default as provided elsewhere herein. 9 10 D. Landscaping 11 12 (1) The CITY agrees to maintain landscaping and to repair or replace defective 13 materials indicated in the CITY's Fair Ave. - Park and Ride Construction Contract Specifications 14 and Bid Documents for the duration of this agreement. 15 (2) The following individuals are the designated representatives for the 16 purposes of reporting and correcting defects covered under this agreement: 17 WSDOT: Don Wherry, WSDOT Maintenance Superintendent, 900 18 East Selah Rd., Yakima, WA 98901 19 CITY: K. Wendell Adams, P.E., City of Yakima - Department of 20 Community and Economic Development, 129 N. 2nd Street, 21 Yakima, WA 98901. 22 E. The CITY shall provide WSDOT with two (2) copies of the Fair Avenue Park 23 and Ride Construction Contract Specifications and Bid Documents. 24 8. WSDOT RESERVATION OF RIGHT. 25 A. Right of Entry. 26 (1) Nothing herein shall affect WSDOT's, its agent's and contractor's, and the 27 Federal Highway Administration's, right to enter upon and use the Premises at any time for any 28 purpose. 29 (2) Other than in an emergency, WSDOT, as a matter of courtesy, will 30 attempt to give the CITY a minimum of thirty (30) working days notice of any entry that will Page 5 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 unreasonably disrupt the CITY's operation or maintenance on the Premises. All reasonable 2 steps will be taken to minimize impacts to the CITY's operation and maintenance, however, 3 WSDOT assumes no liability of any kind for any such disruption. 4 B. Right to Grant, Maintain, and Operate Utility Franchises, Permits, Easements, 5 and Leases. 6 (1) Nothing in this Agreement shall affect WSDOT's right to grant franchises, 7 easements, permits, or enter into leases or other documents concerning the use of the Premises; 8 provided, that such use does not unreasonably interfere with the CITY's operation or 9 maintenance of the Premises. 10 (2) Nothing in this Agreement shall affect the right for franchisees, permittees, 11 or lessees, to enter upon the Premises to maintain, repair and enhance existing facilities and 12 install, maintain and repair new facilities. 13 (3) Any installation, maintenance and repair of the Premises by a franchisee, 14 permittee, or lessee will be accomplished in such a manner as to minimize any disruption to the 15 CITY's operation and maintenance on the Premises. Except in the event of an emergency, the 16 franchisee, permittee, or lessee will be required to notify the CITY of activities that will involve 17 the use of the Premises prior to such use. In addition, the franchisee, permittee, or lessee will be 18 required to restore paving and grading damaged by the installation, maintenance and/or repair. 19 9. TAXES, ASSESSMENTS, AND UTILITIES. 20 A. The CITY agrees to pay all assessments that benefit the Premises and/or which 21 may hereafter become a lien on the interest of the CITY in accordance with RCW 79.44.010. The 22 CITY shall have the right to appeal disputed charges. 23 B. The CITY also agrees to pay all taxes that may hereafter be levied or imposed 24 upon the CITY or by reason of this Agreement. The CITY shall have the right to appeal 25 disputed charges. 26 27 C. The CITY agrees, except as noted herein, to pay the cost for all utility bills 28 incurred at the Premises, including, but not limited to, sewer, electric, water, surcharges, and rate 29 adjustments that serve the Premises. 30 Page 6 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 10. IMPROVEMENTS. The CITY may install one (1) passenger shelter on the Premises at 2 the location previously agreed to by the parties and as shown on Exhibit "A". In addition and as 3 noted in the Fair Avenue Park and Ride Construction Contract Specifications and Bid Documents 4 (including the Addendum), the City may construct a landscaped waterfall and install lighting on 5 the Premises. 6 7 11. CONSTRUCTION. No construction of new or reconstruction of existing improvements 8 is permitted without the prior written approval of the WSDOT. The CITY covenants that any 9 regrading or improvements to be constructed on the Premises will not at any time during or after 10 construction either damage, threaten to damage, or otherwise adversely affect any part or element 11 of the highway facility or the operation thereof. WSDOT shall be furnished with two (2) sets of 12 complete plans, details, and specifications and revisions thereto for grading and all improvements 13 proposed to be placed on the Premises, and no work shall be done without prior written 14 approval of such plans by WSDOT. All construction work shall be done in conformity with the 15 plans and specifications as approved. WSDOT may take any action necessary, including 16 directing that work be temporarily stopped or that additional work be done, to ensure 17 observation of the plans and specifications, protection of all parts and elements of the highway 18 facility, and compliance with WSDOT's construction and safety standards. The improvements 19 shall be designed and constructed in a manner that will permit access to the Premises for the 20 purpose of inspection, maintenance, and construction when necessary. 21 22 12. LIENS. 23 24 A. Nothing in this Agreement shall be deemed to make the CITY the agent of 25 WSDOT for purposes of construction, repair, alteration, or installation of structures, 26 improvements, equipment, or facilities on the Premises. 27 28 B. The CITY shall at all times indemnify and hold WSDOT harmless from all claims 29 for labor or materials in connection with construction, repair, alteration, or installation of 30 structures, improvements, equipment, or facilities on the Premises by the City or by contractors 31 and/or subcontractors utilized by the City, and from the cost of defending against such claims, 32 including reasonable attorney fees. 33 34 C. When a lien release is obtained, the City shall record the lien release and provide a 35 copy of the release to WSDOT. 36 37 13. PERSONAL PROPERTY. 38 39 A. WSDOT shall not be liable in any manner for, or on account of, any loss or 40 damage sustained to any property of whatsoever kind stored, kept, or maintained in or about the Page 7 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 Premises, except for such claims or losses that may be caused by WSDOT or its authorized 2 agents or employees. 3 4 B. The CITY shall not be liable in any manner for, or on account of, any loss or 5 damage sustained to any WSDOT, its franchisees, lessees and permittees, or other authorized 6 users' personal property of whatsoever kind stored, kept, or maintained on or about the 7 Premises, except for such claims or losses that may be caused by the CITY or its authorized 8 agents or employees. 9 10 C. Upon termination of this Agreement, WSDOT or its agent may remove all 11 personal property of the CITY remaining on the Premises at the CITY's expense and dispose of 12 it in any manner WSDOT deems appropriate. The CITY agrees to reimburse WSDOT for the 13 costs of such removal and disposal within sixty (60) days of the date of WSDOT's invoice. 14 15 14. VACATION OF PREMISES. Upon termination of this Agreement, the CITY shall 16 cease its operations on the Premises. In addition, the CITY agrees to remove the waterfall and 17 related landscaping within sixty (60) days of vacation. This work shall be done at the CITY's 18 expense and to the reasonable satisfaction of WSDOT. In the event the CITY fails to vacate and, 19 if so directed by WSDOT, restore the Premises prior to the date of termination, the CITY shall 20 be liable for any and all costs to WSDOT arising from such failure and agrees to reimburse 21 WSDOT for all such costs within thirty (30) days of the date of WSDOT's invoice for such 22 costs. 23 24 15. NON -APPLICABILITY OF RELOCATION ASSISTANCE. The CITY acknowledges 25 that the signing of this Agreement does not entitle the CITY to assistance under the Uniform 26 Relocation and Real Property Acquisition Policy (Ch. 8.26 RCW). 27 28 16. ENVIRONMENTAL REQUIREMENTS. 29 30 A. WSDOT and the CITY each represent, warrant and agree that it will conduct its 31 activities on and off the Premises in compliance with all applicable environmental laws. As used 32 in this Agreement, "Environmental Laws" means all federal, state and local environmental laws, 33 rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations 34 or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. 35 § 6901, et. seq., the Clean Air Act, 42 U.S.C. § 7401, et seq., the Federal Water Pollution Control 36 Act, 33 U.S.C. § 1251, et seq., the Emergency Planning and Community Right to Know Act, 42 37 U.S.C. § 1101, et seq., the Comprehensive Environmental Response, Compensation and Liability 38 Act, 42 U.S.C. § 2601, et seq., the Oil Pollution Control Act, 33 U.S.C. § 2701, et seq., and 39 Washington or any other comparable local, state, or federal statute or ordinance pertaining to the 40 environment or natural resources and all regulations pertaining thereto. Page 8 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 2 B. Toxic or hazardous substances are not allowed on the Premises without the 3 express written permission of WSDOT and under such terms and conditions as may be specified 4 by WSDOT. For the purposes of this Agreement, "Hazardous Substances," shall include all 5 those substances identified as hazardous under the Comprehensive Environmental Response, 6 Compensation, and Liability Act, 42 U.S.C. § 9601 et seq., and the Washington Model Toxic 7 Control Act, RCW 70.105D et seq., and shall include gasoline and other petroleum products. 8 The CITY is hereby authorized to bring on to the Premises gasoline, petroleum products and any 9 other substances/materials/products (including hazardous substances as defined herein) listed as 10 part of this Agreement necessary to carry out the maintenance and operation requirements set 11 forth in this Agreement. In the event such permission is granted, the disposal of such materials 12 must be done in a legal manner by the CITY. 13 14 C. The CITY agrees to cooperate in any environmental investigations conducted by 15 WSDOT staff or independent third parties where there is evidence of contamination on the 16 Premises, or where WSDOT is directed to conduct such audit by an agency or agencies having 17 jurisdiction. The CITY will reimburse WSDOT for the cost of such investigations, where the 18 need for said investigation is determined to be caused by the CITY's operations. The CITY will 19 provide WSDOT with notice of any inspections of the Premises, notices of violations, and orders 20 to clean up contamination. The CITY will permit WSDOT to participate in all settlement or 21 abatement discussions. In the event that the CITY fails to take remedial measures as duly 22 directed by a state, federal, or local regulatory agency within ninety (90) days of such notice, 23 WSDOT may elect to perform such work, and the CITY covenants and agrees to reimburse 24 WSDOT for all direct and indirect costs associated with WSDOT's work where said 25 contamination is determined to have resulted from the authorized use of the Premises. The CITY 26 further agrees that the use of the Premises shall be such that no hazardous or objectionable 27 smoke, fumes, vapor, odors, or discharge of any kind shall rise above the grade of the right of 28 way excluding normal operation consistent with use as a park and ride lot. 29 30 D. For the purposes of this Agreement, "Costs" shall include, but not be limited to, 31 all response costs, disposal fees, investigatory costs, monitoring costs, civil or criminal penalties, 32 and attorney fees and other litigation costs incurred in complying with state or federal 33 environmental laws, which shall include, but not be limited to the Resource Conservation and 34 Recovery Act, 42 U.S.C. § 6901, et seq.; the Clean Water Act, 33 U.S.C. § 1251; the Clean Air 35 Act, 42 U.S.C. § 7401; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901; and the 36 Washington Model Toxic Control Act, RCW 70.105D et seq. 37 38 E. The CITY agrees to defend, indemnify and hold WSDOT harmless from and 39 against any and all claims, causes of action, demands and liability including, but not limited to, 40 any costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments and Page 9 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 attorneys' fees associated with the removal or remediation of any Hazardous Substances that 2 have been released, or otherwise come to be located on the Premises, including those that may 3 have migrated from the Premises through water or soil to other properties which are caused by or 4 result from the CITY's authorized activities on the Premises. The CITY further agrees to retain, 5 defend, indemnify and hold WSDOT harmless from any and all liability arising from the offsite 6 disposal, handling, treatment, storage, or transportation of any such Hazardous Substances 7 removed from said Premises. 8 9 F. WSDOT agrees to indemnify, defend and hold the CITY harmless from and 10 against any and all claims, causes of action, demands and liability including, but not limited to, 11 any costs, liabilities, damages, expenses, assessments, penalties, fines, losses, judgments and 12 attorneys' fees associated with the existence of, and/or removal or remediation of any Hazardous 13 Substances that have been released, or otherwise come to be located on the Premises, including 14 those that may have migrated through water or soil to the Premises from other property or those 15 that may have migrated from the Premises through water or soil to other properties, which are 16 caused by or result from the WSDOT's activities. WSDOT further agrees to retain indemnify, 17 defend, and hold the CITY harmless from any and all liability arising from the off site disposal, 18 handling, treatment, storage or transportation of any such Hazardous Substances removed from 19 the Premises. 20 21 G. The provisions of this section shall survive the termination or expiration of this 22 Agreement. 23 24 17. SELF-INSURED STATUS OF CITY AND EXCESS LIABILITY INSURANCE. 25 26 A. The CITY is a self-insured municipal corporation but annually purchases a public 27 entity excess liability insurance policy with a limit of at least ten (10) million dollars 28 ($10,000,000) per any one occurrence or wrongful act or series of continuous repeated or related 29 occurrences or wrongful acts in excess of the City's retained limit of one (1) million dollars 30 ($1,000,000). The CITY shall provide WSDOT with a certificate of insurance under the above 31 insurance provisions naming the State as an additional insured under this Agreement. 32 33 B. In the event the CITY, after commencement of this Agreement, elects to terminate 34 said excess liability coverage, the CITY will promptly notify WSDOT. 35 36 C. Said excess liability coverage shall not be deemed as having relieved the CITY of 37 any liability. 38 39 18. INDEMNIFICATION. 40 Page 10 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 A. To the extent allowed by law, the CITY its successors and assigns, will protect, 2 save, and hold harmless WSDOT, its authorized agents and employees, from all claims, actions, 3 costs, damages, or expenses of any nature whatsoever by reason of the acts or omissions of the 4 CITY, its elected officials, officers, agents, contractors, and/or employees, arising out of, or in 5 connection with, its acts or activities or the acts or activities of its elected officials, officers, 6 agents, contractors, and/or employees, authorized by this Agreement. The CITY further agrees 7 to defend WSDOT, its agents or employees, in any litigation, including payment of any costs or 8 reasonable attorneys' fees, for any claims or action commenced, arising out of, or in connection 9 with, the acts or activities authorized by this Agreement. The obligations in this paragraph shall 10 not include such claims, costs, damages, or expenses to the extent caused by the acts of WSDOT 11 or its authorized agents or employees; PROVIDED, that if the claims or damages are caused by 12 or result from the concurrent acts of (a) WSDOT, its agents, contractors, or employees and (b) 13 the CITY, its elected officials, officers, agents, contractors, and/or employees, or involves those 14 actions covered by Ch. 4.24.115 RCW, this indemnity provision shall be valid and enforceable 15 only to the extent of the acts of the CITY's agents or employees. 16 17 B. To the extent allowed by law, WSDOT, its successors and assigns, will protect, 18 save, and hold hatniless the CITY, its elected officials, officers, authorized agents and employees, 19 from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the 20 acts or omissions of WSDOT, its agents, contractors, and/or employees, arising out of or in 21 connection with its acts or activities or the acts or activities of its agents, contractors, and/or 22 employees, authorized by this Agreement. WSDOT further agrees to defend the CITY, its 23 elected officials, officers, agents and/or employees, in any litigation, including payment of any 24 costs or reasonable attorneys' fees, for any claims or action commenced, arising out of, or in 25 connection with, the acts or activities authorized by this Agreement. The obligations in this 26 paragraph shall not include such claims, costs, damages, or expense to the extent caused by the 27 acts of the CITY or its elected officials, officers, authorized agents and/or employees; 28 PROVIDED, that if the claims or damages are caused by or result from the concurrent acts of (a) 29 the CITY, its elected officials, officers, agents, contractors, or employees by or result from the 30 concurrent acts of; (b) WSDOT, its agents, contractors, or employees, or involves those actions 31 covered by Ch. 4.24.115 RCW, this indemnity provision shall be valid and enforceable only to 32 the extent of the acts of WSDOT or WSDOT's agents or employees. 33 34 C. The CITY specifically assumes potential liability for actions brought by the 35 CITY's own employees against WSDOT and, solely for the purpose of this indemnification and 36 defense, the CITY specifically waives any immunity under the state industrial insurance law, 37 Title 51 RCW and has been mutually negotiated by the parties. 38 39 D. WSDOT specifically assumes potential liability for actions brought by WSDOT's 40 own employees against the CITY and, solely for the purpose of this indemnification and defense, Page 11 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 WSDOT specifically waives any immunity under the state industrial insurance law, Title 51 2 RCW and has been mutually negotiated by the parties. 3 4 E. The indemnification provisions in this paragraph shall survive the expiration or 5 termination of this Agreement. 6 7 19. PERFORMANCE BY WSDOT. 8 9 A. If the CITY defaults in the performance or observation of any covenant or 10 agreement contained in this Agreement, WSDOT, without notice if deemed by WSDOT that an 11 emergency exists, or if no emergency, with thirty (30) days notice, may direct the CITY to stop 12 work and may itself perform or cause to be performed such covenant or agreement. Such 13 emergency shall include, but not be limited to, endangerment of the life or safety of users of the 14 Premises and the adjacent highway facility, or the endangerment of the Premises or the adjacent 15 highway facility. 16 17 B. The CITY shall reimburse WSDOT the entire cost and expense of such 18 performance by WSDOT within thirty (30) days of the date of WSDOT's invoice. 19 20 C. Any act or thing done by WSDOT under the provisions of this paragraph shall 21 not be construed as a waiver of any agreement or condition herein contained or the performance 22 thereof. 23 24 20. NONDISCRIMINATION. The CITY, for itself, its successors and assigns, as part of 25 the consideration hereof, does hereby agree to comply with all applicable civil rights and anti - 26 discrimination requirements, including but not limited to Chapter 49.60 RCW. 27 28 21. INDEPENDENT CAPACITY. The CITY shall be deemed an independent contractor for 29 all purposes and the employees of the CITY or any of its contractors, subcontractors, and 30 employees thereof shall not in any manner be deemed employees of WSDOT. 31 32 22. ASSIGNMENT. Neither this Agreement nor any rights created by it may be assigned, 33 sublet, or transferred. 34 35 23. BINDING CONTRACT. This Agreement shall not become binding upon WSDOT 36 unless and until executed by both WSDOT signatories. 37 38 24. MODIFICATIONS. This instrument contains all the agreements and conditions made 39 between the parties hereto and may not be modified orally or in any manner other than by an 40 agreement in writing signed by all parties thereto. No failure on the part of either party to Page 12 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 enforce any covenant or provision herein contained, nor any waiver of any right thereunder, 2 unless in writing, shall discharge or invalidate such covenant or provision or affect the right of t4- 3 either party to enforce the same in the event of any subsequent breach or default. 4 5 25. INTERPRETATION. This Agreement shall be governed by and interpreted in 6 accordance with the laws of the state of Washington. The title to paragraphs or sections of this 7 Agreement are for convenience only and shall have no effect on the construction or interpretation 8 of any part hereof. 9 10 26. TOTALITY OF AGREEMENT. It is understood that no guarantees, representations, 11 promises, or statements expressed or implied have been made by either party except to the extent 12 that the same are expressed in the Agreement. 13 14 27. SEVERABILITY. If any covenant or provision or part thereof, of the Agreement be 15 adjudged void, such adjudication shall not affect the validity, obligation or performance of any 16 other covenant or provision or part thereof, which in itself is valid, if such remainder conforms to 17 the terms and requirements of applicable law and the intent of this Agreement. 18 19 28. SURVIVAL. Any provision of this Agreement which imposes an obligation after 20 termination or expiration of this Agreement shall survive the term or expiration of this Agreement 21 and shall be binding on the parties to this Agreement. 22 23 29. DISPUTE RESOLUTION. 24 25 A. The following individuals are the Designated Representatives for the purpose of 26 resolving disputes that arise under this Agreement: 27 WSDOT: Troy Suing, Planning Engineer 28 WSDOT South Central Region 29 P.O. Box 12560 30 2809 Rudkin Rd. 31 Yakima, WA 98909-2560 32 33 THE CITY: K. Wendell Adams, P.E., City Engineer 34 Department of Community Development 35 City of Yakima 36 129 N. 2nd Street 37 Yakima, WA 98901 38 Page 13 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 B. The WSDOT Designated Representative and the CITY Designated Representative 2 shall confer to resolve disputes that arise under this Agreement as requested by either party. The 3 Designated Representatives shall use their best efforts and exercise good faith to resolve such 4 disputes. 5 C. In the event the Designated Representatives are unable to resolve the dispute, the 6 appropriate WSDOT Regional Administrator and the City Manager of the CITY shall confer and 7 exercise good faith to resolve the dispute. 8 D. In the event the WSDOT Regional Administrator and the City Manager of the 9 CITY are unable to resolve the dispute, the parties may, if mutually agreed in writing, submit the 10 matter to non-binding mediation. The parties shall then seek to mutually agree upon the 11 mediation process, who shall serve as the mediator, and the time frame the parties are willing to 12 discuss the disputed issue(s). 13 E. Each party shall bring to the mediation session, unless excused from doing so by 14 the mediator, a representative from its side with full settlement authority. In addition, each party 15 shall bring counsel and such other persons as needed to contribute to a resolution of the dispute. 16 The mediation process is to be considered settlement negotiations for the purpose of all state and 17 federal rules protecting disclosures made during such conference from later discovery or use in 18 evidence; provided that any settlement executed by the parties shall not be considered 19 confidential and may be disclosed. Each party shall pay its own costs for mediation and share 20 equally in the cost of the mediator. The venue for the mediation shall be in Yakima, Washington, 21 unless the parties mutually agree in writing to a different location. 22 F. If the parties cannot mutually agree as to the appropriateness of mediation, the 23 mediation process, who shall serve as mediator, or the mediation is not successful, then either 24 party may institute a legal action in the Kittitas County Superior Court, State of Washington, 25 unless other venue is mutually agreed to in writing. The parties agree that they shall have no 26 right to seek relief in a court of law until and unless each of the above procedural steps has been 27 exhausted. 28 30. VENUE. In the event any party deems it necessary to institute legal action or 29 proceedings to ensure any right or obligation under this Agreement, the parties hereto agree that 30 such action or proceedings shall be brought in a court of competent jurisdiction situated in 31 Kittitas County, Washington. 32 31. AGREEMENT MANAGEMENT. Page 14 March 14, 2002 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 2 A. The Program Manager for each of the parties shall be responsible for 3 administration of this Agreement and shall be the contact person for all communications and 4 billings regarding the administration of this Agreement. 5 6 B. The Program Manager for the CITY is: K. Wendell Adams, P.E., City Engineer, 7 Department of Economic Development, City of Yakima, 129 N. 2nd Street, Yakima, WA 98901. 8 9 C. The Program Manager for WSDOT is: Troy Suing, Planning Engineer, WSDOT 10 South Central Region, P.O. Box 12560, 2809 Rudkin Rd., Yakima, WA 98909-2560. 11 12 D. Either party may, from time to time, by notice in writing served upon the other 13 party as required elsewhere herein, designate an additional and/or a different mailing address or an 14 additional and/or different person to whom such notice, request, report or other communication 15 are thereafter to be addressed. 16 17 32. NOTICES. 18 19 A. Wherever in this Agreement written notices are to be given or made, they will be 20 served, personally delivered or sent by certified mail or overnight mail addressed to the 21 appropriate party(ies) at the addresses provided herein, unless a different address is designated in 22 writing or delivered to the other party. 23 24 B. Notices of default of this Agreement shall be given to the Program Managers and 25 the individuals listed below: 26 27 (1) CITY: K. Wendell Adams, P.E., City of Yakima Department of Community 28 Development, 129 N. 211d Street, Yakima, WA 98901; 29 30 (2) WSDOT: Troy Suing, Planning Engineer, WSDOT South Central Region, P.O. 31 Box 12560, 2809 Rudkin Rd., Yakima, WA 98909-2560; and 32 33 (3) Department of Transportation, Attn: Cindy Tremblay, Assistant Director, 34 Property Management Program, 310 Maple Park Avenue S.E., P.O Box 4-7338, Olympia, WA 35 98504-7338. 36 37 C. Either party may, from time to time, by notice in writing served upon the other 38 party as required elsewhere herein, designate an additional and/or a different mailing address or an 39 additional and/or different person to whom notices of default are to thereafter to be addressed. 40 Page 15 March 14, 2002 1 2 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 CITY OF YAKIMA Date: Y—,,3 -67) WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Date: �Alil0 By: � are�„/ By: I i//`„ A.-- ��(J Mary P ,, e, Mayor Mary Pia -, Mayor and City Councilor, City of Yakima Gerald L. Gallinger, Director, Real Estate Services �p Date: l�t/� �C R. A. Zais, r., City Manager GI d”, c:-R.:,CT O. QOM— I t asnxu lot-. cae:.A, 0 ,:.30 By. Don Whitehouse, P.E., WSDOT South Central Region Administrator APPR VED AS TO FORM c By: / . )4\7 APPROVED AS TO FORM By: Imo- „ K:,t..L--- \c Lia-.. ..x .is Assistant Attorney General March 14, 2002 Page 16 AGREEMENT City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 1 STATE OF WASHINGTON) 2 ) ss: 3 COUNTY OF YAKIMA ) 2 4 On this 3 day of 4d9 i 1 200, before me personally appeared Mary Place 5 to me known to be the duly elected and qualified Mayor and City Councilor of the City of 6 Yakima, Washington, that executed the within and foregoing instrument and acknowledged said 7 instrument to be the free and voluntary act and deed of said City, for the uses and purposes 8 therein mentioned, and on oath stated that she was authorized to execute said instrument by 9 resolution of the Ma or and City Council of said City, and the seal affixed is the official seal of 10 said City R 0 Be 11 e _.ut(ix 12 13 14 15 16 and official seal the day and year last above written. Notary Public i and for the state of Washington, residing at y6 i- ) My commission expires 5— 1 L--0 17 STATE OF ' INGTON) 18 ) ss: 19 COUNTY OF THURSTON 20 I, the undersigned, a Notary Public in and for the state of Washington, do hereby certify that 21 on this day of , 2002, -before me personally appeared Gerald L. 22 Gallinger, Director, Real Estate Services, for the state of Washington Department of 23 Transportation, and that he executed the within and foregoing instrument and acknowledged the 24 said instrument to be the free and voluntary act and deed of said state of Washington, for the uses 25 and purposes therein set forth, and on oath states that he is authorized to execute said 26 instrument. 27 GIVEN under my hand and official seal the day and year last above written. 28 29 30 31 32 March 14, 2002 —7 Notary Publicif Land for the state of Washington, residing at My commission expires -;a. f r rte) Page 17 AGREEMENT 1 STATE OF WASHINGTON) 2 ) ss: 3 COUNTY OF YAKIMA ) City Project No. 1913 Parcel No. 5-YG057 IC 1-17-05493 AA 1-11178 4 I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify that 5 on this ‘,5=' day of 200, -;--before me personally appeared Don 6 Whitehouse, WSDOT South Central Regional Administrator, for the State of Washington 7 Department of Transportation, South Central Region, and that he executed the within and 8 foregoing instrument and acknowledged the said instrument to be the free and voluntary act and 9 deed of said State of Washington, for the uses and purposes therein set forth, and on oath states 10 that he is authorized to execute said instrument. 11 12 13 14 15 GIVEN under my hand and official seal the day and year last above written. March 14, 2002 Notary Public in and for the state of Washington, residing at My commission expire -q/ j/C c; C, Page 18 7.3 IL.. 110550110*17 3 011 521771 v IM K 1EWI ..CT. TO [AST AME Ia,IM I.GwE.L .CCLss. ARRROVEO ARAL 0.199E 314)31.155i3 540 c OF S 12173 OF 30 52. SEUM .I77 70 OJT MAMA .531....411001.13 APP. 21, iMSI. ACCESS NOTES: O (105701 41 0.10 110E IMATI 42 rill OI ((*271(3 ACCESS A10 Ma v 150 1111L OES440A3E11 a LE,7 O E MEM 573 1 *3040 40 STA l 154.00 LEGEND ACCESS TO of Ilo4 ill 0E0 SOW 1My1 01MER1Y OMEOSolP. '04015 (1001177 1,545 6 s6 SCAt0 111 FEET UNDERCROSSING L 156.06.46 P.O.T.: AL 23.80.61 P.O.T. NEI{ 5E111 SEC. 18 ▪ (5-Ycoo2) ▪ --njfll 10 50034 EXHIBIT "A' 745550 IIMDI T.I3N. R.I9E. W.M SE 9 SE 4 SEC. 18 (5-00007; sw k sw lr SEC. 17 ✓ p. .1 0' s15'S'r �•+— 01,E �11 NK G•20f 5- OP 055`6 T}*54 tj P11 ,}98. 0 . t or 5 R 9 2 ATO ....NNW 5!IIIW ;69 1 i 57400 04 7 -0 •• •lSCH LINE SAC 9 y 11')1 25. 1• . . 1145.1 08 T I614I1 E. I 1 7_- L0_1) GRADE INTERS TAM 22.37M550 TAR 25+78 98 2 MA775. _�: `-- ' F 218+33. 18 120 OI2 054.457 (5-73010 (s-Ycaoi ) COTY OF r ¥A(DMA 5.42 20 R C F01 IKE +Swtime ,.T TO 4'17 J J C "err O 24.•10 22 111. l0 214450 (22' IO ■Iu.•L/. MS1.1 0*J YAKIMA GATEWAY CENTER 7 1.541r7os 355.14•03 5E20•03T ..arwlr >rI.MI.aTATIMIMOLT GRADE INTERSEC AR 25+17.26 P.O.T.= F 217+15.32 P.O.C. EXHIBIT A MO CO /0255 ESTOMMEO SY MUMMY 12047A07 Or E1YYMOMEMTNL MD DESIEOMl5 SES MOE CORER (510Mcs IID 00001 80017[9 OMEIME* 4 MM FOO ACCETi KA MM IM1 WET PLAN Or SOME TOIL. MTOOMO SI 50114 014 SR 82 MP 32.48 TO MP 33.59 EAST YAKIMA AVE. INTERCHANGE MM MOM *5071 OF MT 40 0111710 MCI % KM ILLI OMMOL 10I100 L 150.10 TO SWIM L M640 OS1IIMI* S7A11 EM TMOT O TOIrO1n1101 •VOA. oA1111EfO1 03 1a- 1 G. *° GENj�a •' Park and Ride Access Bus Shelter VttO6`5k0+�9 ,A6 GL t8{2A Z On site sign format: WSDOT and other operator(e.g., transit agency) Path and Ride Parking arEa is avalia?ole to carpool, vanpool, bicycle and transit customers at no charge (or with a current park and ride decal) maximum stay:xxx hours For the safety and convenience of everyone using this facility, please park only in designated spaces. Vehicles blocking access lanes, entrances, exits or other cars, or left unattended for over xxx hours, will be removed at the owner's expense (RCW 46.61.570,577) WSDOT does not assume liability for any loss, theft, or damage to a vehicle or its contents. Unauthorized vehicles, and vehicles with "for sale "signs are not permitted on this facility, and will be removed at the owner's expense. For maintenance or security concerns please call: For rideshare information please call : EX.HEU ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. " g For Meeting of April 2, 2002 A Resolution Authorizing a Cooperative Maintenance and Operation Agreement For the Gateway Park and Ride Lot Chris Waarvick, Director of Public Works Ken Mehin, Transit Manager Kay Adams, City Engineer CONTACT PERSON/TELEPHONE: Karen Allen, Transit Marketing Specialist 575-6005 SUMMARY EXPLANATION: Working in cooperation with the Washington State Department of Transportation (WSDOT), Yakima Valley Council of Governments (YVCOG), and other local groups, construction of the Gateway Park and Ride Lot was recently completed. This agreement sets forth maintenance and operation requirements for the new ridesharing facility, which will provide a place to park for local commuters to carpool and a long distance ridesharing program for those who commute to worksites in adjacent communities. The Gateway Park and Ride Lot is projected to have a very beneficial, long term effect on commute trip reduction requirements to relieve congestion, pollution, and fuel consumption. The cost to operate the Gateway Park and Ride Lot will be funded by the State Commute Trip Reduction Fund and the Federal Transit Administration funding from Yakima Transit. Resolution X Ordinance _ Contract: Cooperative Agreement with WSDOT for Gateway Park and Ride Lot Funding Source State Commute Trip Reduction (CTR) Fund APPROVED FOR SUBMITTAL:2-= ---) City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the resolution authorizing execution of the Cooperative Agreement — Operation and Maintenance of the Gateway Park and Ride Lot BOARD/COMMISSION RECOMMENDATION: The Council Transit Committee recommended that the City Council adopt the resolution authorizing the Cooperative Agreement — Operation and Maintenance of the Gateway Park and Ride Lot. COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-30 el Celtis•k--01Pler Of 36? City of Yakima 1 Engineering Division Fair Avenue -Park & Ride 1 1 1 1 City Project No. 1913 Construction Contract Specifications & Bid Documents 129 North Second Street Yakima, WA 98901 August 2001 Phone (509) 575-6111 Fax (509) 576-6305 /4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Fina Contract Payment for Park & Ride Facility — Fair Avenue SUBMITTED BY: unity & Economic Development — Engineering Division CONTACT PERSON/TELEPHONE: K. W. Adams, P.E., City Engineer y kap 575-6096 SUMMARY EXPLANATION: Item No. * a � 71 - For Meeting 10/15/02 This project consisted of constructing a paved parking lot with drainage facilities and to include street improvements for the adjacent street, which consisted of curb and gutter, sidewalk, commercial driveway approaches, illumination, landscaping and a bus pullout. 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. Retainage bond will be held 30 days after Council approval. Contractor: Superior Paving Co. Contract Award: 10/20/01 Contract Cost: $199,940.96 Amt. This Payment: -0- The above total contract cost is for construction only and does not include engineering and other costs. Resolution Ordinance Other (Specify) Final Estimate Contract Mail to (name and address): Phone: Funding Source Commute Trip,Reduction Funds APPROVED FOR SUBMITTAL: �\ City Manager STAFF RECOMMENDATION: Accept the project and approve the attached final estimate. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Standard Motion V -B was adopted. NO. FILE NO. 1913 CONTRACTOR: SUSPERIOR PAVING CO. PROGRESS ESTIMATE NO. 8 (Final) ITEM 1 SPILL PREVENTION PLAN 2 MOBILIZATION 3 MAINTENANCE AND PROTECTION OF TRAFFIC 4 TRAFFIC CONTROL SUPERVISOR 5 CONSTRUCTION SIGNS CLASS A 6 REMOVAL OF STRUCTURE AND OBSTRUCTIONS 7 ROADWAY EXCAVATION INC. HAUL 8 COMMON GRAVEL BORROW INCL. HAUL 9 CRUSHED SURFACING BASE COURSE 10 AC PAVEMENT, CLASS A WITH PG 64-28 11 CEMENT CONCRETE CURB & GUTTER 12 EXTRUDED CURB 13 CHAIN LILNK FENCE TYPE 3 - 6 FT HEIGHT 14 CEMENT CONCRETE SIDEWALK - 4 IN DEPTH 15 COMMERCIAL DRIVEWAY APPROACH 16 LANDSCAPING 17 ILLUMINATION SYSTEM COMPLETE 18 REPAIR OR REPLACEMENT 19 LOOSE BROKEN BASALT 20 LOOSE RIVER ROCK CHANGE ORDER #1 STRIPING PREVIOUS PAYMENTS 1 $48,219.00 2 $123,516.00 3 $7,707.00 4 $8,459.00 5 $6,457.50 6 $1,484.00 7 $4,098.46 I certify that the above City Engineer CITY OF YAKIMA, WASHINGTON IMPROVEMENT: PARK & RIDE FACILITY - FAIR AVENUE UNIT QUANTITY UNIT PRICE LS 100% $1,000.00 LS 100% $7,500.00 LS 100% $4,500.00 HR 89 $33.00 LF 43 $8.00 LS 100% $1,500.00 CY 645 $6.00 TON 1676 $9.00 TON 1105 $12.00 TON 740 $37.45 LF 456 $10.50 LF 1244 $5.00 LF 539 $10.00 SY 500 $19.50 EA 1 $3,000.00 LS 100% $49,500.00 LS 100% $22,500.00 FA $4,848.46 $5,000.00 TON 514 $13.50 TON 615 $13.50 LS $995.00 $995.00 estimate is true and correct. AMOUNT $1,000.00 $7,500.00 $4,500.00 $2,937.00 $344.00 $1,500.00 $3,870.00 $15,084.00 $13,260.00 $27,713.00 $4,788.00 $6,220.00 $5,390.00 $9,750.00 $3,000.00 $49,500.00 $22,500.00 $4,848.46 $6,939.00 $8,302.50 10/1/02 MADE BY WL % OF CONTRACT CONT AMOUNT 100% $1,000.00 100% $7,500.00 100% $4,500.00 45% $6,600.00 43% $800.00 100% $1,500.00 538% $720.00 140% $10,800.00 92% $14,400.00 114% $24,342.50 81% $5,880.00 94% $6,600.00 98% $5,500.00 94% $10,335.00 100% $3,000.00 100% $49,500.00 100% $22,500.00 97% $5,000.00 122% $5,670.00 110% $7,560.00 $995.00 100% $995.00 TOTAL $199,940.96 103% $194,702.50 CHANGE ORDERS $0.00 TOTAL COMPLETED TO DATE $199,940.96 LESS PREV PAID TOTAL $199,940.96 $0.00 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Engineering Division 129 North Second Street Yakima, Washington 98901 (509) 575-6111 • Fax 576-6305 September 20, 2001 Superior Paving Company P O. Box 10268 Yakima, Washington 98909 Re. Park and Ride Facility -Fair Avenue City Project No 1913, TIB Project No 9-E-180(001)-3 Gentlemen. The City Manager of the City of Yakima has authorized an award of the contract for the above referenced project to your company on the basis of your low bid submitted on September 11, 2001 in the amount of $193,707 50 This letter is official notification of the award of the contract to your company by the City of Yakima. We have prepared and have on hand at the Yakima City Clerk's office four (4) copies of the Contract and one (1) copy of the Specifications for your Surety Company. You have ten (10) days from this date to sign these documents and furnish the required Performance Bond and Certificate of Insurance Your attention is directed to Section 1-07.18 Public Liability and Property Damage Insurance (APWA only) of the APWA Supplement to the Standard Specifications for coverage limits, additional insurance requirements and special ACORD form wording You will be notified of the date for the Pre -construction Conference Please contact Jim Maine of our office within ten (10) days of this date to discuss various forms and documentation that must be completed and turned into him at the Pre -construction Conference The Notice to Proceed will also be discussed at the Pre -construction Conference. Jim's office phone is 575-6138. For your information, we are enclosing a copy of the bid summary for this project. Sincerely, K. Wendell A City Engineer s, P.E. encl. cc: Glenn Rice, Assistant City Manager Jim Maine, Construction Supervisor Larry Johnston, Project Engineer Wendy Leinan, Contract Specialist City Clerk Finance File Yakima Itca*Ams& 0t1 ��.cnr 1994 BID SUMMARY SHEET Park & Ride Facility - Fair Avenue City Project No. 1913 TIB Project No 9-E-180(001)-3 - ENGINEERS ESTIMATE Superior Paving, Co 5% BID BOND 5% BID BOND 5% BID BOND 5% BID BOND 5% BID BOND ITEM NO PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS UNIT PRICE DOLLARS AMOUNT DOLLARS UNIT PRICE DOLLARS AMOUNT DOLLARS UNIT PRICE DOLLARS AMOUNT DOLLARS UNIT PRICE DOLLARS AMOUNT DOLLARS 1 SPILL PREVENTION PLAN 1 LS $500.00 $500.00 $1.000.00 $1,000 00 2 MOBILIZATION 1 LS $1,000.00 $1.000.00 $7,500.00 $7,500.00 3 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS $15,000.00 $15,000.00 $4,500.00 $4.500.00 4 TRAFFIC CONTROL SUPERVISOR 200 HR $30.00 $6,000.00 $33.00 $6,600.00 5 CONSTRUCTION SIGNS CLASS "A" 100 SF $25.00 $2,500.00 $8.00 $800.00 6 REMOVAL OF STRUCT AND OBSTRUCTIONS 1 LS $1.000.00 $1.000.00 $1.500 00 $1,500.00 6 ROADWAY EXCAVATION INCL HAUL 120 CY $6.00 $720.00 7 COMMON GRAVEL BORROW INCL HAUL 1,200 TON $15.00 $18,000.00 $9.00 $10,800 00 8 CRUSHED SURFACING BASE COURSE 1,200 TON $20.00 $24,000.00 $12.00 $14 400.00 9 AC PAVEMENT, CLASS A WITH PG 64-28 650 TON $35.00 $22,750.00 $37 45 $24.342.50 10 CEMENT CONCRETE CURB & GUTTER 560 LF $5.00 $2,800.00 $10 50 $5,880.00 11 EXTRUDED CURB 1,320 LF $5.00 $6.600.00 $5.00 $6.600.00 12 CHAIN LINK FENCE TYPE 3 - 6 FEET HEIGHT 550 LF $18.00 $9,900.00 510.00 $5.500.00 13 CEMENT CONCRETE SIDEWALK -4 INCH DEPTH 530 SY $25.00_ $13,250.00 $19.50 $10.335.00 14 COMMERCIAL DRIVEWAY APPROACH 1 EA $10,000.00 $10,000.00 $3,000.00 $3.000.00 15 LANDSCAPING 1 LS $30,000.00 $30,000.00 $49.500.00 $49.500.00 16 ILLUMINATION SYSTEM COMPLETE 1 LS $15,000.00 $15,000.00 $22,500 00 $22.500.00 17 REPAIR OR REPLACEMENT 1 FA $5,000.00 $5,000.00 55,000.00 $5.000.00 18 LOOSE BROKEN BASALT 420 TON $12.00 $5,040.00 $13.50 $5.670.00 19 LOOSE RIVER ROCK 560 TON $12.00 $6,720.00 $13.50 $7.560.00 TOTAL $194,560 00 $193 707.50 CITY ENGINEERS REPORT __- "`�� � r ``�k CITY OF YAKIMA COMPETITIVE BIDS WERE OPENED ON SEPT 11, 2001 41 ALL BIDS HAVE BEEN REVIEWED BY THIS OFFICE.`+� I RECOMMEND THE CONTRACT BE AWARDED TO'` ++ +,� PARK AND RIDE FACILITY -FAIR AVENUE ei+r�_ -. AWARD MADE BY CITY MANAGER CITY PROJECT NO 1913, TIB PROJECT NO 9-E-180(001)-3 SUPERIOR PAVING COMPAN * .�:�' DATE. SEPT 11,2001 +++\,ORA1 \ FILE. PARK &RIDE FACILITYBID.PUB �b / 200) t vDATE C�NGINEER iLD .. `"�� ���' "�'� DATE CITY MANA R SHEET of City Of Yakima Park & Ride Facility City Project No. 1913 TIB Project Number 9-E-180(001) - 3 EXPIRES 11-17-2001 1 CONTENTS CITY OF YAKIMA Park & Ride Facility City Project No. 1913 TIB Project No. 9-E-180(001) — 3 SECTION PAGE INVITATION TO BID 5 STANDARD SPECIFICATIONS Amendments to the 2000 Standard Specifications CONTRACT PROVISIONS General Special Provisions 7 Project Description 7 1-02 Bid Procedures and Conditions 7 MBE/WBE Form — 5/95 9 1-03 Award and Execution of Contract 13 1-04 Scope of Work 13 1-05 Control of Work 13 1-06 Control of Materials 13 1-07 Legal Relations and Responsibilities to the Public 16 1-08 Prosecution and Progress 22 1-10 Temporary Traffic Control 23 2-02 Removal of Structures and Obstructions 25 2-03 Roadway Excavation and Embankment 26 2-07 Watering 26 5-04 Asphalt Concrete Pavement 28 7-05 Manholes, Inlets, Catch Basins, and Drywells 31 8-00 Landscaping Construction 32 8-04 Curbs, Gutters, and Spillways 34 8-20 Illumination, Traffic Signal Systems, and Electrical 34 8-30 Repair or Replacement (New Section) 35 8-31 Landscape Rock 35 9-03 Aggregates 37 9-15 Irrigation System 37 9-29 Illumination, Signals, Electrical 38 Standard Plans 40 Contract Form 43 Performance Bond Form . 45 Informational Certificate of Insurance 47 Informational Additional Insured Endorsement 49 Minimum Wage Affidavit Form 51 3 PREVAILING WAGE RATES Prevailing Wage Rates 53 State Wage Rates (follow this page as attachments).. 55 PROPOSAL Proposal Form 57 Item Prup"""|13|d Sheet 59 Bid Bond Form .--. . 61 Non'Co|luoionDeoarabnn 63 Non -Discrimination Provision 65 Subcontractor List 67 Women and Mnorfty Business Enterprise Policy 69 Council Resolution 71 Affirmative Action PIan 73 Bidders Certification 75 Subcontractors Certification 76 Proposal Signature Sheet 79 Bidders Check List 81 PLANS & DETAILS Construction Plans Construction Details 4 INVITATION TO BID NOTICE IS HEREBY GIVEN that sealed bids will be received by the City Clerk of the City of Yakima, 129 North 2nd Street, Yakima, Washington, 98901, until 2:00 PM on September 5, 2001 and will then and there be opened and publicly read for the construction of CITY OF YAKIMA Park & Ride Facility City Project No. 1913 TIB Project No. 9-E-180(001) — 3 The work will consist of furnishing all labor, materials and equipment required to construct a paved parking lot with drainage facilities, and to include street improvements for the adjacent street, which will consist of curb and gutter, sidewalk, commercial driveway approaches, illumination, landscaping, and a bus pullout. All in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. All bid proposals shall be accompanied by a bid proposal deposit in cash, certified check, cashier's check or surety bond in an amount equal to five percent (5%) of the amount of such bid proposal. Should the successful bidder fail to enter into such contract and furnish satisfactory performance bond within the time stated in the specifications, the bid proposal deposit shall be forfeited to the City of Yakima. Plans and specifications may be obtained at the Office of the City Engineer located at 129 North 2nd Street upon payment of the amount of $25.00 for each set, non refundable. Informational copies of maps, plans, and specifications are on file for inspection in the Office of the City Engineer of Yakima in Yakima, Washington, and at Plan Centers in Yakima and Kennewick, Washington. A pre-bid conference will be held at Yakima City Hall CED Conference Room, Second Floor, 129 North 2nd Street, Yakima, Washington at 11:00 AM on August 28, 2001. The conference will feature project discussion, DBE Contractor participation, and the Affirmative Action Plan. The City reserves the right to reject any or all bids and proposals. DATED this 2nd day of August, 2001 (SEAL) KAREN ROBERTS CITY CLERK PUBLISH August 15, 2001 August 22, 2001 5 STANDARD SPECIFICATIONS Standard Specifications Amendments to the 2000 Standard Specifications INTRODUCTION The following Amendments and Special Provisions shall be used in conjunction with the 2000 Standard Specifications for Road, Bridge, and Municipal Construction (English). AMENDMENTS TO THE STANDARD SPECIFICATIONS The following Amendments to the Standard Specifications are made a part of this contract and 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. SECTION 1-01, DEFINITIONS AND TERMS June 26, 2000 1-01.2(1) Associations and Miscellaneous This section is supplemented with the following: FOP Field Operating Procedure WAQTC Western Alliance for Quality Transportation Construction SOP Standard Operating ProcedureSECTION 2-01, CLEARING, GRUBBING, AND ROADSIDE CLEANUP August 6, 2001 SECTION 1-02, BID PROCEDURES AND CONDITIONS August 6, 2001 1-02.8(1) Noncollusion Declaration In the first sentence of the second paragraph the reference to "23 CFR Part 635.107(1)(1)" is revised to read "23 CFR 635.112(0". In the third sentence of the second paragraph the reference to "23 CFR Part 635.107(1)" is revised to read "23 CFR 635.112(f)(1)". 1-02.4(1) General The first paragraph is revised to read as follows: The bidder shall carefully examine the bid documents as defined in Section 1-01.3. Submittal of a bid shall be conclusive evidence that the bidder has made these examinations and understands all requirements for the performance of the completed work. The bidder further warrants, agrees, and acknowledges by submitting a bid that it: 1. Has taken steps reasonably necessary to ascertain the nature and location of the work; 2. Has investigated and satisfied itself as to the general and local conditions which can affect the work or its cost, including but not limited to: a. conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials; b. the availability of labor, materials, water, electric power, and roads; c. uncertainties of weather, river stages, tides, or similar physical condition at the site; d. the conformation and condition of the ground; and e. the character of equipment and facilities needed preliminary to and during work performance; f. the site biological hazards and associated physical hazards. Has satisfied character, iand surface itself as the l ac.e., gaa�it„ quantity or' surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the work site (inclliriing material sites) as well as from the bid documents and other information made a part of this contract; and 4. Has satisfied itself as to the adequacy of time allowed for the completion of the physical work on the contract. SECTION 1-04, SCOPE OF THE WORK February 5, 2001 1-04.4 Changes In the third paragraph, "8" is revised to read as follows: 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 under the provisions of Section 1-04.6. This section is supplemented with the following: 1-04.4(1) Minor Changes Payments or credits for changes amounting to $5,000 or Tess 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 1-04.4, Changes. 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 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. Payments or credits will be determined in accordance with Section 1-0G 4. For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for "Minor Change" in the Proposal to become a part of the total bid by the Contractor. SECTION 1-06, CONTROL OF MATERIAL August 6, 2001 1-06.2(1) Samples and Tests for Acceptance In the first paragraph, the last sentence is revised to read: Samples not taken by or in the presence of the Engineer will not be accepted for test, unless the Engineer permits otherwise. In the fourth paragraph, the last sentence is revised to read as follows: The Engineer will respond in writing within three working days of the receipt of the Contractor's written communications. In the fifth paragraph, the first and second sentences are revised to read as follows: 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 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: The fifth paragraph is supplemented with the following: 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 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 Systems Manager, Field Operations Support Service Center, Materials Laboratory, PO Box 47365, Olympia, Washington, 98504-7365. SECTION 1-07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC August 6, 2001 1-07.4 Sanitation This section including title is revised to read as follows: 1-07.4 Sanitation 1-07.4(1) General The Contractor shall provide employees with all accommodations required by the State Department of Social and Health Services and other agencies. These accommodations shall be kept clean, neat, and sanitized, and shall not create any public nuisance. The Contractor shall keep all camp sites clean, burn or properly dispose of all refuse, and leave each site in a neat and sanitary condition. This section is supplemented with the following: 1-07.4(2) Health Hazards Biological hazards and associated physical hazards may be present in the worksite. The Contractor shall take precautions and perform any necessary work to provide and maintain a safe and healthful worksite in accordance with applicable laws. Payment for work necessary to provide and maintain a safe worksite will be incidental to associated items of contract work unless the contract includes provisions to the contrary. 1-07.8 High Visibility Apparel In the second paragraph, (1) is revised to read as foiiows: (1) when personnel are out of view of, or not exposed to traffic, 1-07.11 Requirements For Non-descrimination This section is supplemented with the following: i -u7. i 1(2)A Equai Empioymeni Opportunity Responsibilities Title VI Responsibilities During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance With Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in 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 time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate r inate ori the grounds of race, color, sex, or nationai origin in the selection and 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 practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a 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 Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Washington State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Washington State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 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 such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 2. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the Washington State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. 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 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. 1-07.11(6) Incorporation of Provisions The first sentence is revised to read as follows: 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 procurement of materials and leases of equipment. 1-07.11(10)B Required Records and Retention This section is revised to read as follows: All records must be retained by the Contractor for a period of three years following completion of the contract work. All records shall be available at reasonable times and pieces for inspection by authorized representatives of either the Washington State Department of Transportation or the Federal Highway Administration. Federal -Aid Highway Construction Contractors Annual EEO Report FHWA #1391. This form is required for all federally assisted projects provided the contract is 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 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 Contractor or subcontractor performs work during the month of July. Monthly Employment Utilization Reports WSDOT form #820-010. This form is required for ail 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 Contractor or subcontractor's records. In addition, for contracts with a value of $100.000 or more, the Contractor shall submit copies 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. Failure to submit the required reports by their due dates may result in the withholding of progress estimate payments. 1-07.13(4) Repair of Damage This section is revised to read as follows: The Contractor shall promptly repair all damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1- 07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4 using the estimated bid item "Reimbursement for Third Party Damage". Payment will be limited to repair of damaged work only. No payment wilt be made for delay or disruption of work. For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for "Reimbursement For Third Party Damage" in the proposal to become a part of the total bid by the Contractor. 1-07.15 Temporary Water Pollution/Erosion Control This section is revised to read as follows: In an effort to prevent, control, and stop water pollution and erosion within the project, thereby protecting the work, nearby land, streams, and other bodies of water, the Contractor shall perform all work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. The Contractor shall perform all temporary water pollution/erosion control measures shown in the Plans, specified in the Special Provisions, proposed by the Contractor and approved by the Engineer, or ordered by the Engineer as work proceeds. 1-07.17 Utilities and Similar Facilities The second paragraph is revised to read: 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 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. 1-07.19 Gratuities This section is supplemented with the following: 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 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 agent or representative shall offer anything of economic value as a gift, gratuity, or favor directly or indirectly to any such officer or employee. 1-07.22 Use of Explosives In the second paragraph, the reference to "WAC 295-52" is revised to "WAC 296-52". SECTION 1-07, LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC August 6, 2001 1-07.4 Sanitation This section including title is revised to read as follows: 1-07.4 Sanitation 1-07.4(1) General The Contractor shall provide employees with all accommodations required by the State Department of Social and Health Services and other agencies. These accommodations shall be kept clean, neat, and sanitized, and shall not create any public nuisance. The Contractor shall keep all camp sites clean, burn or properly dispose of all refuse, and leave each site in a neat and sanitary condition. This section is supplemented with the following: 1-07.4(2) Health Hazards Biological hazards and associated physical hazards may be present in the worksite. The Contractor shall take precautions and perform any necessary work to provide and maintain a safe and healthful worksite in accordance with applicable laws. Payment for work necessary to provide and maintain a safe worksite will be incidental to associated items of contract work unless the contract includes provisions to the contrary. 1-07.0 High Visibility Apparel In the second paragraph, (1) is revised to read as follows: (1) when personnel are out of view of, or not exposed to traffic, 1-07.11 Requfremcnts For Non-descrimination This section is supplemented with the following: 1-07.11(2)A Equal Employment Opportunity Responsibilities Titie Vi Responsibilities During the performance of this contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance With Regulations The Contractor shall comply with the Regulations relative to nondiscrimination in 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 time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made part this contract. Nv. a+avw v� reference Vl VI IVv GI IG made IGuli a part of this liVl 111 GI,L. 2. Nondiscrimination The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of 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 practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential si ihr•.nntractnr nr supper Chau be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, sex, or national origin. 4. Information and Reports The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Washington State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the Washington State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. 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 such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: 1. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or; 2. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the Washington State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. 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 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. 1-07.11(6) Incorporation of Provisions The first sentence is revised to read as follows: 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 procurement of materials and leases of equipment. 1-07.11(10)B Required Records and Retention This section is revised to read as follows: All records must be retained by the Contractor for a period of three years following completion 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. Federal -Aid Highway Construction Contractors Annual EEO Report FHWA #1391. This form is required for all federally assisted projects provided the contract is 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 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 Contractor or subcontractor performs work during the month of July. Monthly Employment Utilization Reports WSDOT form #820-010. This form is required for ali 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 Contractor or subcontractor's records. In addition, for contracts with a value of $100,000 or more, the Contractor shall submit copies 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. Failure to submit the required reports by their due dates mal/ result in the withholding of progress estimate payments. J 7 1-07.13(4) Repair of Damage This section is revised to read as follows: The Contractor shall promptly repair al! damage to either temporary or permanent work as directed by the Engineer. For damage qualifying for relief under Sections 1-07.13(1), 1- 07.13(2) or 1-07.13(3), payment will be made in accordance with Section 1-04.4 using the estimated bid item "Reimbursement for Third Party Damage". Payment will be limited to repair of damaged work only. No payment will be made for delay or disruption of work. For the purpose of providing a common proposal for all bidders, the Contracting Agency has entered an amount for "Reimbursement For Third Party Damage" in the proposal to become a part of the total bid by the Contractor. 1-07.15 Temporary Water Pollution/Erosion Control This section is revised to read as follows: In an effort to prevent, control, and stop water pollution and erosion within the project, thereby protecting the work, nearby land, streams, and other bodies of water, the Contractor shall perform all work in strict accordance with all Federal, State, and local laws and regulations governing waters of the State, as well as permits acquired for the project. The Contractor shall perform all temporary water pollution/erosion control measures shown in the Plans, specified in the Special Provisions, proposed by the Contractor and approved by the Engineer, or ordered by the Engineer as work proceeds. 1-07.17 Utilities and Similar Facilities The second paragraph is revised to read: 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 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. 1-07.19 Gratuities This section is supplemented with the following: 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 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 agent or representative shall offer anything of economic value as a gift, gratuity, or favor directly or indirectly to any such officer or employee. 1-07.22 Use of Explosives In the second paragraph, the reference to "WAC 295-52" is revised to "WAC 296-52". SECTION 1-08, PROSECUTION AND PROGRESS August 6, 2001 1-08.1 Subcontracting The 7th paragraph is revised to read as follows: On all projects funded with Contracting Agency funds only, the Contractor shall certify to the actual amounts paid Disadvantaged, Minority, or Women's Business Enterprise firms that were used as subcontractors, lower tier subcontractors, manufacturers, regular dealers, or service providers on the contract. This Certification shall be submitted to the Project 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 the fiscal year end or 20 calendar days after physical completion of the contract. The 7th paragraph is supplemented with the following: 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 quarterly ly 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 "Quarterly Report of Amounts Credited as DBE Participation" is in lieu of WSDOT form 421- 023 "Ann'' lel Report of Amounts Paid MBE/WBE Participants". �+ � nPaid as Iv1uL VV L I-artllJlpan6J , This section is supplemented with the following: Subcontract Completion and Return of Retainage Withheld The following procedure shall ply a?1 . bcontract. entered into of this .... v y:�v.d •au:c .�;;»;; apply to �?33 subcontracts :33;.3 ra'vt3 as a �.: saiii this t� f' J 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. 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. 4. If the Contractor determines that the subcontractor has not achieved satisfactory completion of the subcontract, the Contractor must provide the subcontractor with 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 succontractor's retainage or retainage bond within eight (8) working days after the suocontractor has satisfactorily completed the work identified in the notice. 5. In determining whether satisfactory completion has been achieved , the Contractor may require the subcontractor to provide documentation such as certifications and releases, showing that ail laborers, lower -tiered subcontractors, suppliers of material and equipment, and others involved in the subcontractor's work have been paid in full. 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 and releases from applicable governmental agencies to the extent that they relate to the subcontractor's work. 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 ..I. _a the .-�___ subc •:actor 1 I lay seen recovery against Contractor under applicable prompt pay statutes in addition to any other remedies provided for by the subcontract or by law. Conditions 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 the Contracting Agency and the Contractor. 2. This section of the Contract does not apply to retainage withheld by the Contracting 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 procedures set forth in chapter 60.28 RCW. Payment 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. 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 MBE/WBE Participants or Quarterly Report of Amounts Credited as DBE Participation, as required by the Contract Provisions. 1-08.9 Liquidated Damages The first sentence of the fourth paragraph is revised to read as follows: When the contract work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, and only minor incidental work, replacement of temporary substitute facilities, or correction or repair remains to physically complete the total contract, the Engineer may determine the contract work is substantially complete. SECTION 1-09, MEASUREMENT AND PAYMENT August 6, 2001 1-09.1 Measurement of Quantities The method of measurement for "Square Yard or Square Foot" is revised to read as follows: 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 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. 1-09.2(1) General Requirements for Weighing Equipment This section is revised to read as follows: Any highway or bridge construction materials to be proportioned or measured and paid for by weight shall be weighed on a scale. These materials include natural, manufactured or processed materials obtained from natural deposits, stockpiles, or bunkers. Scales Scales shall: 1. Be accurate to within one-half of 1 percent throughout the range of use; 2. Not include spring balances; 3. Include beams, dials, or other reliable readout equipment; Be arranged ai iged iii U at aptliatolb and .i by uL,tU1,''. i::°:: bafely ai iU easily see iii: dials, beams, rods, and operating scale mechanisms; 5. Be built to prevent scale parts from binding, vibrating, or being displaced and to protect all working parts from falling material, wind, and weather; and n Be carefully maintained, with bunkers and platforms kept clear of accumulated materials that could cause errors and with knife edges given extra care and protection. Weighers The Contractor shall provide, set up, and maintain the scales necessary to perform this work. "Contractor provided scale operations" are defined as operations where a scale is set up specifically for the project and most, if not all, material weighed on the scale is utilized for contract work. In this situation, the contracting ac=t wy will provide a persol i to operate the scale, write tickets, perform scale checks and prepare reports. The Contractor may also utilize permanently installed, certified, commercial scales. "Commercial scale operations" include the use of established scales used to sell materials to the public on a regular basis. In addition, for the purposes of this specification, all batch, hopper, and belt scales are considered to be commercial scales. Commercial scales shall meet the same requirements as Contractor -provided scales. When a commercial scale is used, the Contractor may utilize a commercial scale operator provided it is at no additional cost to the contracting agency. In addition, the Contractor shall ensure that: 1. the Engineer is allowed to observe the weighing operation and check the daily scale weight record; scale verification checks are performed at the direction of the contracting agency (see "1-09.2(5) Measurement"); 3. several times each day, the commercial scale operator records and makes certain the platform scale balances and returns to zero when the load is removed; and 4. test results and scale weight records for each day's hauling operations are provided to the Engineer daily. unless otherwise approved, reporting shall utilize form 422-027, Scaleman's Daily Report. Trucks and Tickets Each truck to be weighed shall bear a unique identification number. This number shall be legible and in plain view of the scale operator. Each vehicle operator shall obtain a weigh or load ticket from the scale operator. The Contractor shall provide tickets for self printing scales. All tickets shall, at a minimum, contain the following information: 1. date of haul; 2. contract number; 3. contract unit bid item; 4. unit of measure; 5. identification of hauling vehicle; and 6. weight delivered a. net weight in the case of batch and hopper scales b. gross weight, tare and net weight in the case of platform scales (tare may be omitted if a tare beam is used) c. approximate load out weight in the case of belt conveyor scales The vehicle operator shall deliver the ticket in legible condition to the material receiver at the material delivery point. 1-09.2(2) Specific Requirements for Batching Scales This section including title is revised to read as follows: 1-09.2(2) Specific Requirements for Batching and Hopper Scales Each batching scale shall be designed to support a weighing container. The arrangement shall make it convenient for the operator to remove material from the weighing container while watching readout devices. Any weighing container mounted on a platform scale shall have its center of gravity directly over the platform center line. Batching scales used for Portland or asphalt cement shall not be used for batching other materials. Readout devices used for batching or hopper scales shall be marked at intervals evenly spaced throughout and shall be based on the scale's nominal rated capacity. These intervals shall not exceed one-tenth of 1 percent of the nominal rated capacity. Before use at a new site and then at 6 -month intervals, all batching and hopper scales shall be: approved under rules of the Weights and Measures Section of the Washington State Department of Agriculture, or serviced and tested with at least 10,000 pounds by an agent of its manufacturer. In either case, the Contractor shall provide the Engineer with a copy of the final test results. 1-09.2(3) Specific Requirements for Platform Scales This section is revised to read as follows: Each platform scale shall be able to weigh the entire hauling vehicle or combination of connected vehicles at one time. No part of the vehicle or vehicle combination will be permitted off the platform as it is weighed. A tare weight shall be taken of each hauling vehicle at least twice daily. Any platform scale shall be installed and maintained with the platform level and with rigid buikheads at either end to prevent binding or shifting. The readout device shall be marked at intervals of no more than 40 pounds. Test records shall show results to the nearest 20 pounds. During weighing operations, weights shall be read and recorded to the nearest 100 pounds. Before use at a new site and then at 6 -month intervals, any platform scale shall be: approved under rules of the Washington State Department of Agriculture's Weights and Measures Section, or serviced and tested with at least 10,000 pounds by an agent of its manufacturer. In either case, the Contractor shall provide the Engineer with a copy of the final test results. ^3.(o.+-a.ii- supplied scale shall inrIea de o cnvc�1so house with o floor space of of least 6 hJ 10 feet. The scale house shall be wind and weather tight, shall have windows for light and ventilation, shall include a door, and shall be lockable. It shall include a table, a chair, electrical power, and a space heater. The Contractor shall provide a rest room near the scale house. 1-09.2(4) Specific Requirements for Belt Conveyor Scales This section is revised to read as follows: The Engineer may approve conveyor -belt weighing of untreated materials if the method and device meet all general requirements for weighing equipment. The recording tape, odometer, totalizer, calibration adjustment, and clock -time imprinter shall be kept locked and the Engineer shall retain all keys. All belt -conveyor scales shall comply with the requirements for Belt -Conveyor Scales in the National Bureau of Standards Handbook No. 44, except where there specifications modify those requirements. A static bad test shall be made: each day after the belt -conveyor has run continuously for about 30 minutes, and again, immediately after the air temperature changes significantly. If the static Toad test reveals a need for adjustment, the Contractor shall perform a chain test. The Contractor shall make the computation of the test chain calibration, the calibration procedures and results, and related records available for the engineer's review. The test chain shall be clearly marked with its calibration, carried in a suitable container, and kept immediately available for testing. 1-09.2(5) Measurement This section is revised to read as follows: Scale Verification Checks Regardless of the type of scale used, a scale verification test shall be performed daily. The Contractor shall designate a separate, certified, platform scale or a separate commercial platform scale, independent of the scale used for weighing construction materials, to be used for scale verification checks. Each batch, hopper or platform scale will be tested by routing a loaded truck onto a separate certified platform scale or a separate commercial platform scale and comparing the weights. If such a separate scale is not reasonably available, the Engineer may approve a Contractor request to use an alternate method of scaie verification checks as described on Form 422-027, "Scaleman's Daily Report" and as appropriate for the type of scale. To test the accuracy of a belt -conveyor scale, the Contractor shall weigh five or more payloads from sequential hauling units and compare these weights with weights of the same payloads taken on a separate certified platform scale. If the test results fluctuate, the engineer may require more than five check loads. Conveyor weights will be based on tonnage values taken from the sealed odometer at the beginning and end of each check period. If scale verification checks shows the scale has been underweighing, it shall be adjusted immediately. The Contractor shall not be compensated for any loss from underweighing. If scale verification checks show the scale has been overweighing, its operation will cease immediately until adjusted. The contracting agency will calculate the combined weight of all materials weighed after the last verification check showing accurate results. This combined weight will then be reduced for payment by the percentage of scale error that exceeds one- half of 1 percent. Minor Construction Items If the specifications and plans require weight measurement for minor construction items, the Contractor may request permission to convert volume to weight. If the Engineer approves, an agreed factor may be used to make this conversion and volume may be used to calculate the corresponding weight for payment. 1-09.2(6) Payment This section is revised to read as follows: The Contracting Agency will pay for no materials received by weight unless they have been weighed as required in this section or as required by another method the Engineer has approved in writing. Unit contract prices for the various pay items of the project cover all costs related to weighing and proportioning materials for payment. These costs include but are not limited to: • furnishing, installing, certifying, and maintaining scales • furnishing a scale house • providing a weigher with a commercial scale, if necessary • providing self printing tickets, if necessary • rerouting a truck for verification weighing • assisting the engineer with scale verification checks • any other related costs associated with meeting the requirements of this section. 1-09.6 Force Account This section is revised to read as follows: The terms of the contract or of a change order may call 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, 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: 1. For Labor: 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 .1.1 ..L.V •u�J ..J be used to calculate force account labor payment until a new List is submiite;dan�d 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 at any time without such a requirement. Prior payment calculations shall not be adjusted as a result of a new List. To be approved, the List must be accurate and meet the requirements of this ^ sectio V VI 1. 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 fringe benefits, the current rates for Federal Insurance Compensation Act (FICA), Federal Unemployment Tax Act (FUTA) and State Unemployment Tax Act (STA), the company's present rates for Medical Aid and Industrial Insurance premiums and the planned 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 all work. initial List o List In the event that an acceptable inl:Ia: :.. requested revised _is::s not receivedby the 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 not be revised as a result of differences with the Contractor's List. 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 are contractual obligations of the Contractor or are customary payments by the Contractor to all employees. 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, insurance, Business & Occupation tax, and any other costs incurred. 2. For Materials: The Contracting Agency will reimburse Invoice cost for Contractor - 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, 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. 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 work. The list will be furnished 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 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 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. 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 materials, utilizing the best data available. The Contracting Agency reserves the right to provide materials. In this case, the 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. 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 cover project overhead, general company overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. 3. For Equipment: 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, "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 rented with operator shall not be included here, but shall be considered a service and addressed according to section 4 of this provision. 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 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, maintenance, and all other costs incidental to furnishing and operating the equipment except labor for operation. 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 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 lump -sum payments may be made for small tools. The amount to be paid shall be determined as outlined in the AGC/WSDOT Equipment Renta! Agreement. add J 21 .-1 to w< The Contracting Agency will add percent to equipment costs 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 costs and will not be adjusted for any equipment overhead amounts included in the Blue rates. f.�lu�, Book 1 7.�.v. Current copies of the Rental Rate Blue Book and the AGC/WSDOT 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 Gerr &aI of America (in Seattle Spokane, Tacoma, and Wilsonville, �r77r7 �1 Contractors ld. r•...r..�-.-_-.__._♦ Spokane, Oregon) where they are available for inspection. 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 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. 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 project overhead, general company overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. 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". _1._:7:__1: defined LL..�. .moi.. r�. 5. For MobiiizaUVn. Force account mobilization is as the preparatory worn performed by the Contractor including procurement, loading and transportation of tools 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 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 advance to allow the Engineer to witness the activity, if desired. 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. For Contractor Markup on SubContractor's Work. When work is performed on a force arrrni int hacic by nna nr mnra annrnveri e7 ih('nntrartnrc by 1mA/ar-flair ci ih('nntrartnrc or suppliers, or through invoice by firm(s) acting in the manner of a subContractor, the 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 overhead, profit, bonding, insurance, Business & Occupation tax, and any other costs incurred. A firm may be considered to be acting as a subContractor when the Engineer observes one or more of the following characteristics: • 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. 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. • The firm appears to be holding the risk of performance and quality of the work. • The firm appears to be responsible for liability arising from the work. Markups on Work Performed by SubContractor(s): 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 force account item established. The payments provided above shall be full payment for all work done on a force account 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 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. 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 print. for "Mobilization," partial payments follows: will ha made aS 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 y 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 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. SECTION 1-99, APWA SUPPLEMENT April 30, 2001 Page 1-109, 1-01.3 Definitions (APWA Only) T his section is supplemented with the following: Traffic (APWA Only) Both vehicular and non -vehicular traffic, such as pedestrians, bicyclists, wheelchairs, and equestrian traffic. Page 1-113, The following is added to page 1-113: SECTION 1-03.3 IS SUPPLEMENTED BY REVISING THE THIRD PARAGRAPH TO READ: 1-03.3 Execution of Contract (APWA only) If the bidder experiences circumstances beyond their control that prevents return of the contract documents within 10 calendar days after the award date, the Contracting Agency may grant up to a maximum of 10 additional calendar days for return of the documents, provided Contracting Agency deems the circumstances warrant it. provided the Contracting Ga. 11 /-1 a%11a/ deems Page 1-122, The following is added to page 1-122: SECTION 1-07.23(1) IS SUPPLEMENTED BY REVISING PARAGRAPH 2 TO READ: 1-07.23(1) Construction Under Traffic (APWA only) To disrupt public traffic as little as possible, the Contractor shall permit traffic to pass through the work with the least possible inconvenience or delay. The Contractor shall maintain existing roads, streets, sidewalks, and paths within the project limits, keeping then; open, and i..1 good, clean, safe condition 1 at all times. Deficiencies caused by the Contractor's operations shall be repaired at the Contractor's expense. Deficiencies not caused by the Contractor's operations shall be repaired by the Contractor when directed by the Engineer, at the Contracting Agency's expense. The Contractor shall also maintain rnaric ctrcctc cirleu»Itrc 7nri n�4hc adjacent to the project limits when affected by the •�... -...., ..vva, v.a�v.. awl�aV MIIV '.✓aIIV ad, aAVVIIa av the project IIII IIaJ •tl ll.rll affected V� the Contractor's operations. Snow and ice control will be performed by the Contracting Agency's expense. The Contractor shall perform the following: 1. Remove or repair any condition resulting from the work that might impede traffic or create a hazard. 2. Keep existing traffic signal and highway lighting systems in operation as the work proceeds. (The Contracting Agency will continue the route maintenance on such system.) 3. Maintain the striping on the roadway at the Contracting Agency's expense. The Contractor shall be responsible for scheduling when a renew striping, subject to the approval of the Engineer. When the scope of the project does not require work on the roadway, the Contracting Agency will be responsible for maintaining the striping. 4. Maintain existing permanent signing. Repair of signs will be at the Contracting Agency's expense, except those damaged due to the Contractor's operations. 5. Keep drainage structures clean to allow for free flow of water. Cleaning of existing drainage structures will be at the Contracting Agency's expense when approved by the Engineer, except when flow is impaired due to the Contractor's operations. SECTION 1-07.23(2) IS SUPPLEMENTED BY REVISING PARAGRAPH 1 TO READ. 1-07.23(2) Construction and Maintenance of Detours (APWA only) Unless otherwise approved, the Contractor shall maintain two-way traffic during construction. The Contractor shall build, maintain in a safe condition, keep open to traffic, and remove when no longer needed: 1. Detours and detour bridges that will accommodate traffic diverted from the roadway, bridge, sidewalk, or path during construction, 2. Detour crossings of intersecting highway, and 3. Temporary approaches. Page 1-125, The following is revised: "g. Property owner releases per Section 1-07.24" is revised to read: "f. Property owner releases per Section 1-07.24" Page 1-125, The following is added to page 1-125: SECTION 1-08.7 IS SUPPLEMENTED BY REVISING PARAGRAPH 2 TO READ: 1-08.7 Maintenance During Suspension (APWA only) At no expense to the Contracting Agency, the Contractor shall provide through the construction area a safe, smooth, and unobstructed roadway, sidewalk, and path for public use during suspension (as required in Section 1-07.23 or the Special Provision). This may include a temporary road or detour. Page 1-125, 1-09.9 Payments (APWA Only) The sixth item in the third paragraph is revised to read: Retainage Per Section 1-09.9(1). Page 1-126, The following is added to page 1-126: SECTION 1-10.1 IS SUPPLEMENTED BY REVISING PARAGRAPH 1 TO READ: 1-10.1 General (APWA only) The Contractor shall provide flaggers, signs, and other traffic control devices not otherwise specified as being furnished by the Contracting Agency. The Contractor shall erect and maintain all construction signs, warning signs, detour signs, and other traffic control devices necessary to warn and protect the public at all times from injury or damage as a result of the Contractor's operations which may occur on highways, roads, streets, sidewalks, or paths. No work shall be done on or adjacent to any traveled way until all necessary signs and traffic control devices are in place. SECTION 2-01, CLEARING, GRUBBING, AND ROADSIDE CLEANUP August 6, 2001 2-01.3(1) Clearing This section is revised to read as follows: The Contractor shall: 1. Fell trees only within the area to be cleared. 2. Close -cut parallel /two theslope of the ground all stumps to be left in the cleared area outside the slope stakes. 3. Close cut all stumps that will be buried by fills 5 feet or less in depth. 4. Follow these requirements for all stumps that will be buried by fills deeper than 5 feet: a. Close -cut stumps under 18 inches in diameter. b. Trim stumps that exceed 18 inches in diameter to no more than 12 inches above original ground level. 5. Leave standing any trees or native growth indicated by the Engineer. v. Trim all trees to be left standing to the height specif1ed by the Engineer, neatly cutting all limbs close to the tree trunk. 7. Thin clumps of native growth as the Engineer may direct. 8. Protect, by fencing if necessary, all trees or native growth from any damage caused by construction operations. 2-91.3(2) Grubbing This section is revised to read as follows: The Contractor shall: 1. Grub deep enough to remove all stumps, large roots, buried logs, and other vegetative material. 2. Grub all areas: a. Inc'_.ated by the Engineer or by the Special Provisions. b. To be excavated, including area staked for slope treatment. c. Where subdrainage trenches will be dug, unsuitable material removed, or structures built. d. In which hillsides or existing embankments will be terraced as described in Section 2-03.3(14). e. Upon which embankments will be placed, except where the subgrade or slope elevation exceeds 5 feet above the natural ground surface, the Contractor may close cut all trees, stumps, and Targe roots less than 18 inches in diameter A contract may include grubbing without mentioning clearing or roadside cleanup. In that case, the Contractor shall remove and dispose of all upturned stumps and roots of windfalls that lie within the cleared area of the right of way, even though they are outside the area staked for grubbing. Such work shall be incidental to other work covered by the Contract. SECTION 2-12, CONSTRUCTION GEOTEXTILE August 6, 2001 2-12.3(5) Temporary Silt Fences This section is deleted. 2-12.4 Measurement The second paragraph, dealing with "Temporary Silt Fence", is deleted. 2-12.5 Payment The bid item "Construction Geotextile for Temporary Silt Fence", per linear foot is deleted. SECTION 3-01, PRODUCTION FROM QUARRY AND PIT SITES May 29, 2001 3-01.5 Measurement In the chart, the reference to "1/4 -Inch Sieve" is revised to read "U.S. No. 4". SECTION 3-02, STOCKPILING AGGREGATES June 26, 2000 3-02.3(1) Asphalt Concrete Aggregates This section is deleted. SECTION 5-02, BITUMINOUS SURFACE TREATMENT May 29, 2001 5-02.3(3) Application of Asphalt In the Application Rate Chart, under "Aggregate Size (In.)" all references to "1/4" are revised to "No. 4". SECTION 5-04, ASPHALT CONCRETE PAVEMENT August 6, 2001 5-04.2 Materials The fifth paragraph is supplemented with the following: The Contractor may substitute alternate grades of PG asphalt cements at no Cost tv the Contracting Agency. The alternate PG asphalt cement shall have an average 7 -day maximum pavement design temperature that is equal to or higher, and a minimum pavement design temperature that is equal to or lower than the specified PG asphalt cement. The Contractor shall designate in writing the grade of PG asphalt cement to be ucerl prior 4r. submittal of the mix decinn "nlv one D(_` acnhalt cement will be allowed for ee LI se;:ar; �� �x.:zs;; ::acsa: v. the .:._r u+.+v:l::. e✓:::� one : v f101J!!C.A:L cement will :.sem ee::e,IYYS %e er each class of asphalt concrete pavement. 5-04.3(1)A Requirements For All Plants The last sentence in #4 is revised to read as follows: Provisions shall be made for measuring the asphalt in the storage tank and a valve shall be placed in either the supply line to the mixer or the storage tank for sampling the material, 5-04.3(5)A Preparation of Existing Surfaces This section is revised to read as follows: Before construction of an asphalt concrete pavement on an existing paved surface, the entire surface of the pavement shall be clean. All fatty asphalt patches, grease drippings, and other objectionable matter shall be entirely removed from the existing pavement. All excess asphalt joint filler shall be completely removed and all premolded and rubberized joint filler shall be removed to a minimum 1/2 inch below the surface of the existing pavement. All pavements or bituminous surfaces shall be thoroughly cleaned of dust, soil, pavement grindings, and other foreign matter. All holes and small depressions shall be filled with an appropriate class of asphalt concrete mix and the surface of the patched area shall be leveled and compacted thoroughly. Unless otherwise approved by the Engineer, the tack coat shall be CSS -1, CSS -1 h, or STE-1 emulsified asphalt. The CSS -1 and CSS -1h emulsified asphalt may be diluted with water at a rate not to exceed one part water to one part emulsified asphalt. The emulsified asphalt shall be applied within the temperature range specified in Section 5-02.3(3). A tack coat of asphalt shall be applied at the rate of 0.02 to 0.08 gallons of residual asphalt per square yard to all paved surfaces on which any course of asphalt concrete is to be placed or abutted. Tack coat shall be uniformly applied to cover the existing pavement with a thin film of residual asphalt free of streaks and bare spots. The spreading equipment shall be equipped with a thermometer to indicate the temperature of the tack coat material. Equipment shall not operate on tacked surfaces until the tack has broken and cured. If the Contractor's operation damages the tack coat it shall be repaired to the satisfaction of the Engineer prior to placement of the asphalt concrete pavement. 5-04.3(5)C Crack Sealing In number 1., the reference to "1/4 inch" is revised to read "No. 4". 5-04.3(8) Mixing In 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. Acceptance testing for compliance of gradation will be WSDOT 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 read "WSDOT FOP for AASHTO T 310" and "WSDOT SOP T 729". 5-04.3(14) Planing Bituminous Pavement The fourth sentence of the fourth paragraph is revised to read as follows: Unless otherwise provided, the Contractor shall provide a waste site for the disposal of these materials as specified in Section 2-03.3(7)C. 5-04.4 Measurement The fourth paragraph is revised to read: All costs for asphalt for tack coat shall be included in the unit contract price per ton of the asphalt concrete pavement. 5-04.5 Payment The sixth and seventh paragraphs are deleted. 5-04.5(1)A Price Adjustments for Quality of AC Mix In the Table of Price Adjustment Factors, under Constituent, the reference to "1/4" sieve" is revised to read "No. 4 sieve". SECTION 7-01, DRAINS Aiiniict R 7(1(11 7-01.3 Construction Requirements The fourth paragraph is deleted. SECTION 8-15, RIPRAP August 6, 2001 8-95,2 ee, ceecn,sggs The requirements for "Filter Blanket" are revised to read as follows: Filter Blanket (shall meet the gradation requirements for Shoulder Ballast) 9-03.9(2) SECTION 8-20, ILLUMINATION, TRAFFIC SIGNAL SYSTEMS_, AND ELECTRICAL August 6, 2001 8-20.3(4) Foundations The thirteenth paragraph is revised to read: For slip bases the combined height of the light standard concrete foundation plus the anchor bolt stub height shall not exceed 4 inches above the ground line. 8-20.3(8) Wiring The tenth paragraph is revised to read as follows: Every conductor at every wire termination, connector, or device shall have a PVC or polyolefin wire marking sleeve bearing as its legend, the circuit number indicated in the contract. All terminal strips shall also bear the circuit number consistant with the contract. SECTION 8-24, ROCK WALL August 6, 2001 Section 8-24 Rock Wall including title is deleted in its entirety and replaced with the following: 8-24 ROCK AND GRAVITY BLOCK WALL, AND GABION CRIBBING 8-24.1 Description This work shall consist of constructing rock and gravity block wall(s), and gabion cribbing in accordance with the Plans, Special Provisions, these Specifications, or as designated by the Engineer. 8-24.2 Materials Materials shall meet the requirements of the following Sections: Rock for Rock Wall and Chinking Material 9-13.7(1) Backfill for Rock Wall 9-13.7(2) Gabion Cribbing 9-27.3 Wire Mesh Fabric 9-27.3(1) PVC Coating for Welded Wire Mesh Fabric 9-27.3(2) Gabion Basket Fasteners 9-27.3(4) Stone 9-27.3(6) Construction Geotextile 9-33 Materials for gravity block walls shall be as specified in the Special Provisions. 8-24.3 Construction Requirements 8-24.3(1) Rock Wall 8-24.3(1)A Geometric Tolerances The completed wall shall meet the following tolerances: 1. Wall batter shall be 6:1 or flatter as specified in the Plans. 2. The exterior slope plane and grade in the finished surface of the wall shall be plus or minus 6 inches. 3. The maximum void between adjacent rocks shall be 6 inches as measured at the smallest dimensions of the void within the thickness of the wall. 8-24.3(1)B Excavation Excavation shall conform to Section 2-09.3(4), and to the limits and construction stages shown in the Plans. The Contractor shall restrict the excavation limits to the length of rock wall that can be constructed in one day's work, except as otherwise noted. The Engineer may permit excavation beyond the limits that can be completed in one day's work provided the Contractor either demonstrates that the excavation will remain stable until the rock wall is completed, or shores the excavation in accordance with Section 2-09.3(4). Slope above the rock wall shall be established prior to excavating for the wall. 8-24.3(1)C Foundation Preparation The foundation for the wall shall be graded as shown in the Plans. Prior to rock placement, the foundation, if not in rock, shall be compacted as approved by the Engineer. Any foundation soils found to be unsuitable shall be removed and replaced in accordance with Section 2-09.3(1)C. Base course rocks shall have full contact with the foundation soils. If necessary, the excavation shall be shaped to fit the rocks. Rocks may be dropped to shape the ground provided the rocks do not crack. Cracked rocks shall be replaced and the foundation regraded to fit the replacement rock. 8-24.3(1)D Construction Geotextile Construction geotexti!e shall be of the type, and shall be placed, as shown in the Plans. 8-24.3(1)E Rock Placement and Backfill Rocks shall be placed so there are no continuous joint planes in either the vertical or lateral direction. Where possible, rocks shall be placed so that the rock shall bear on at least two rocks below !t. Rocks shall be oriented so that flat surface contact points between adjacent rocks are maximized. Point-to-point contact between adjacent rocks shall be minimized. Each rock in a course shall be arranged so that the natural irregularities in the rocks key the rocks together and so that the courses are keyed together. Rocks shall increase in size from the top of the wall to the bottom at a uniform rate. The minimum rock sizes, as referenced from the top of the wall, shall be as follows: vepLrI from Top of Wail Minimum Rock Size at Depth (ft.) from Top of Wall 6 Three Man 9 Four Man 12 Five Man Rocks at the top of the wall shall be Two Man or larger. Where voids larger than 6 inches are present, chinking rock shall be keyed between the rocks to fill the void. Backfill for the rock wall shall be placed behind each course and tamped to provide a stable condition prior to placing rocks for the next successive course. Fnr rnnk wails cnnctn ir_tari in fills, tha fill ¢hll ha rwarhi gilt anri ri it hark to r•nnetrI.ct tha wall. 8-24.3(2) Gravity Block Wali Excavation shall conform to Section 2-09.3(4), and to the limits and construction stages shown in the Plans. Foundation soils found to be unsuitable shall be removed and replaced in accordance with Section 2-09.3(1)C. Slope above the gravity block wall shall be established prior to beginning any excavation for the wall. Gravity block walls are defined as a wall of modular blocks acting as a gravity wall to retain soil. The modular blocks may have features designed to interlock the blocks together. However there shall be no reinforcement of the retained soil nor any reinforcement connection between the modular blocks and the retained soil. Gravity block walls shall be constructed as specified in the Special Provisions and as shown in the Plans. 8-24.3(3) Gabion Cribbing 8-24.3(3)A Foundations Before placing any gabion cribbing, the Contractor shall excavate the foundation or bed to the specified grade in accordance with Section 2-09.3(4). Foundation soils found to be unsuitable shall be removed and replaced in accordance with Section 2-09.3(1)C. 8-24.3(3)B Baskets Baskets may be fabricated from either woven or welded steel wire; however, a gabion structure shall not include both. Baskets may be assembled with either lacing wire or clip fasteners; however, a perimeter or diaphragm edge shall not include both. 8-24.3(3)C Dimensions The Contractor shall supply gabion baskets in the lengths and heights the Plans require. Each length shall be a multiple (double, triple, or greater) of horizontal width. Horizontal width shall be 36 inches. All baskets from the same manufacturer shall be the same width and shall be within a tolerance of 5 percent of the manufacturer's stated sizes. 8-24.3(3)D Fabrication of Baskets Gabions shall be made so that the sides, ends, lid, and diaphragms can be assembled into rectangular baskets of the required sizes at the construction site. Common -wall construction may be used in gabion structures up to 12 feet high. Common -wall construction includes any basket where its top serves as the bottom of the one above it, or where one wall also serves an adjacent basket. When gabion structures are more than 12 feet high, the baskets shall have independent sides, ends, top, and bottom. Each gabion shall be divided by diaphragms into cells the same length as horizontal basket width. Diaphragms shall be made of the same mesh and gage as the basket body. All perimeter and diaphragm edges shall be laced or clipped together so that joints are at least as strong as the body of the mesh itself. The ends of the lacing shall be anchored by three tight turns around the selvage wire. 8-24.3(3)E Filling Baskets Baskets shall be filled with stone. The stone shall be placed and compacted to meet the unit weight requirements of Section 8-24.3(3)F. The stone shall be placed in compacted layers not more than 14 inches deep. If cross - connecting wires are required, the Contractor shall adjust the number and depth of layers so that wires occur between the compacted layers of stone. 8-24.3(3)F Unit Weight Requirements and Test The unit weight of the filled gabion basket shall be at least 100 pounds per cubic foot. Should the unit weight be less than 100 pounds per cubic foot, the gabion will be rejected and the Engineer will require the Contractor to conduct and pass additional unit weight tests before completing other gabions. The Contractor shall conduct either of the following unit weight tests to prove the density of completed gabions: 1. A filled gabion basket shall be selected from the completed structure and weighed. 2 A gabion basket shall be filled with stone from a loaded truck that has been weighed. After filling, the truck and unused stone shall be weighed again The difference between the two weighings shall be used to determine the weight per cubic foot of the stone in the gabion. The Contractor shall conduct one unit weight test for each 500 cubic yards of gabions placed. The Engineer may reduce the specified frequency of these tests provided the specified minimum unit weight has been consistently achieved. In conducting unit weight test 1 or 2, the Contractor shall provide and use scales conforming to Section 1-09.2. 8-24.3(3)G Gabion Cribbing Erection G�rh rnu, or tier of baskets ch.11 he re,ersnahly etrinh+ and chill rnnform with &lirinment :veer v: sere: ve baskets eae es.ee be a ver<,eea eee eerHe 1 t. e. sa:a�. a es and shall eezre .ec...e a .. with s.eee�e ee . +v..a and grade. Hexagonal mesh baskets shall be stretched endwise before filling. The stone shall be carefully placed in layers, then tamped or vibrated. The last layer of stones shall fill each basket completely so that the secured lid will rest upon the stones. Each basket shall be laced securely to all adjacent baskets and its !id then laced or clipped to the sides, ends, and diaphragms. All selvage wires of ends of adjacent baskets shall be laced together. The bottom selvage of the basket being constructed on a previously constructed basket shall be laced to the top of that basket. Backfilling behind or around gabions shall comform to Section 2-09.3(1)E. 8-24.4 Measurement Rock for rock walls and backfill fnr rock walls will be measured by the tnn of rock anti !ally placed. Gabion cribbing will be measured by the calculated neat line volume of gabion baskets in place, using the manufacturer's stated dimensions. Gravity biock waii wi!i be measured by the square foot of completed wall in place. The vertical limits for measurement are from the bottom of the bottom layer of blocks to the top of the top layer of blocks. The horizontal limits for measurement are from the end of wall to the end of wall. Construction geotextile will be measured by the square yard for the surface area actually covered. Structure excavation Class B, structure excavation Class B inclding haul, and shoring or extra excavation Class B, will be measured in accordance with Section 2-09.4. 8-24.5 Payment Payment will be made in accordance with Section 1-04.1 for each of the following bid items that are included in the proposal: Rock for Rock Wall , per ton. The unit contract price per ton for "Rock for Rock Wall" shall also include furnishing and installing chinking materials. "Backfill for Rock Wall", per ton. "Gabion Cribbing", per cubic yard. "Gravity Block Wall", per square foot. "Construction Geotextile", per square yard. "Structure Excavation Class B", per cubic yard. "Structure Excavation Class B Incl. Haul", per cubic yard. "Shoring or Extra Excavation Class B", per square foot. SECTION 9-01, PORTLAND CEMENT August 6, 2001 9-01.2(4) Blended Hydraulic Cement This section is revised to read as follows: Blended hydraulic cement shall be either Type IP (MS), Type I (SM) (MS) or Type 1 (PM) (MS) cement conforming to AASHTO M 240 with the additional requirements that the use of portland blast furnace slag cement and pozzolans other than fly ash are not allowed in Type IP (MS) and Type I (PM) (MS) cement and that the maximum amount of fly ash in Type IP (MS) is limited to 25 percent by weight of the cementitious material, except when required for the mitigation of Alkali Silica Reactivity. The source of the fly ash or slag, as well as the weight of fly ash or slag shall be certified on the cement mill test certificate and shall be reported as a percent by weight of the total cementitious material. The fly ash or slag constituent content in the finished cement will not vary more than plus or minus 5 percent by weight of the finished cement from the certified value. Fly ash shall meet the requirements of Section 9-23.9 of these Standard Specifications. Slag used in blended cements will be Ground Granulated Blast Furnace Slag. Ground granulated blast furnace slag shall meet the requirements of AASHTO M 302, Grade 100 or Grade 120. The grade of the ground granulated blast furnace slag, the source, and type of manufacturing facility shall be certified on the cement mill test certificate. SECTION 9-02, BITUMINOUS MATERIALS August 6, 2001 9-02.1(1) Vacant This section is revised to read as follows: 9-02.1(1) Test Methods The following WSDOT test methods have been converted to the listed AASHTO test methods. WSDOT AASHTO Test Test Characteristics Method Methods Penetration 201 T 49 Kinematic Viscosity 202 T 201 Absolute viscosity 203 T 202 Cleveland Open Cup 206 T 48 Tag Open Cup 207 T 79 RTFC Procedure 208 T 240 Distillation 211 T 78 Emulsified Asphalts 212 T 59 Ductility 213 T 51 Solubility 214 T 44 Water Content 217 T 55 9-02.1(4) Asphalt Cements This section is revised to read as follows: Asphalt cement meeting the requirements of AASHTO MP1 of the grades specified in the of _�a contract shall be used in the production asphalt concrete pavement. 9-02.1(4)A Paving Asphalt This section including title is revised to read as follows: Q-(17 1 /A1A Varmnf 9-02.1(4)B Modified Paving Asphalt This section including title is revised to read as follows: 9-02.1(4)B Vacant 9-02.1(5) Recycling Agent This section is revised to read as follows: Recycling agents shall conform to the following requirements: HOT Mix Recycling Agents Note 1 Test RA 5 Test Method RA:.. Max.• ��� nIcanvu :VIII:. IVIQA RA25 IVI I I1. IVICIA. Original Test Viscosity at 140 F cst AASHTO T 201 200 800 1,000 4,000 or AASHTO T 202 Flashpoint COC, F AASHTO T 48 204 425 Saturates, Wt. % ASTM 02007 --- 30 --- 30 Specific Gravity AASHTO T 228 Report Report or ASTM D1298 Residue Test from RTFC AASHTO T 240 Viscosity Ratio Note 2 --- 3 3 Mass Change ± % 4 3 Note 1: The final acceptance of recycling agents meeting this specification is to the compliance of the reconstituted acnhalt b enric with current specifications. Note2: Viscosity Ratio = RTFC Viscosity at 140 F, cst subject McrhnIt Original Test Viscosity at 140 F, cst Original Viscosity at 140 F, cst HOT Mix Recycling Agents Note 1 ASTM Test RA 75 RA 250 RA 500 Test Method Min. Max. Min. Max. Min. Max. AASHTO T 201 5,000 10,000 15,000 35,000 40,000 60,000 or AASHTO T 202 Flashpoint COC, F AASHTO T 48 450 450 450 Saturates, Wt. % ASTM D2007 --- 30 --- 30 30 Specific Gravity AASHTO T 228 Report Report Report or ASTM D1298 Residue Test from RTFC Viscosity Ratio Note 2 Weight Change + % AASHTO T 240 3 2 3 3 2 2 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. Note2: Viscosity Ratio = RTFC Viscosity at140 F, cst Original Viscosity at 140 F, cst 9-02.1(8) Hot Melt Traffic Button Adhesive This section is revised to read as follows: The bitumen adhesive material shall conform to the following requirements: Test Specification Method Requirement Flash Point, COC F AASHTO T 48 550 Min. Softening Point, F AASHTO T 53 200 Min. 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 (Insoluble in 1,1,1 Trichloroethane) ASTM D 2371 50-75 Filler material shall be calcium carbonate and shall conform to the following fineness: Sieve Size Percent Passing No. 100 100 No. 200 95 No. 325 75 Hot melt bitumen adhesive shall develop bond pull -off strength greater than 100 psi between 0 F and 120 F. 9-02.2(1) Certification of Shipment The second paragraph is revised to read as follows: The Bill of Lading shall be supplied at the time of shipment of each truck load, truck and trailer, or other lot of asphalt. in addition to the copies the Contractor requires, one copy of the Bill of Lading including the Certification Statement shall be sent with the shipment for agency use. This section is supplemented with the following: Polymerized Cationic Emulsified Asphalt CRS -2P The asphalt CRS -2P shall be a polymerized cationic emulsified asphalt. The polymer shall be milled into the asphalt or emulsion during the manufacturing of the emulsion. The asphalt nRS 2P _LA11 .Y__a ah_ r_:: _...:__ ..___:r:,...tion,.. AASHTO Test Specifications Method Minimum Maximum Viscosity ©122°F. SFS T 59 100 400 Storage Stability 1 day % T 59 1 Demulsibility 35 ml. 0.8 % Dioctyl Sodium Sulfosuccinate T 59 40 Particle Charge T 59 positive Sieve Test % T 59 Distillation Oil distillate by vol. of emulsion % T 59 (Note 1) 0 Residue T 59 65 Test on the Residue from distillation Penetration @77°F T 49 100 Torsional Recovery % (Note 2) 18 or Toughness/Tenacity in -lbs (Note 3) 50/25 Note: 0.30 Q 250 1. Distillation modified to use 300 grams of emulsion heated to 350°F ± 9°F and maintained for 20 minutes. 2. The Torsional Recovery test shall be conducted according to the California Department of 1 ransportation Test Method No. 332. 3. Benson method of toughness and tenacity; Scott tester, inch -pounds at 77°F, 20 in. per minute pull. Tension head 7/8 in. diameter. At the option of the supplier the Benson Toughness/Tenacity test can be used in lieu of Torsional Recovery based on type of modifier used. If the Benson Toughness/Tenacity method is used for acceptance the supplier must supply all test data verifying specification conformance. SECTION 9-05, DRAINAGE STRUCTURES, CULVERTS, AND CONDUITS April 30, 2001 9-05.16 Grate Inlets and Drop Inlets The first paragraph is revised to read as follows: Steel in grates, angles, and anchors for grate inlets shall conform to ASTM A 36, except structural tube shall conform to ASTM A 500, Grade B. After fabrication, the steel shall be galvanized in accordance with AASHTO M 111, or galvanized with a hot -sprayed (plasma flame applied) 6 mil minimum thickness zinc coating. The second paragraph is revised to read as follows: Steel grating shall be fabricated by weld connections. Welds, welding procedures, and welding materials shall conform with the AWS D1.1, latest edition, Structural Welding Code. 9-05.18 Safety Bars for Culvert Pipe This section is revised to read as follows: Steel pipe used as safety bars and steel pipe used as sockets shall conform to ASTM A 53, Grade B. Steel tubing used as safety bars shall conform to ASTM A 500, Grade B. Steel plate shall conform to ASTM A 36. All parts shall be galvanized after fabrication in accordance with AASHTO M 111. SECTION 9-14, EROSION CONTROL AND ROADSIDE PLANTING May 29, 2001 9-14.4(3) Bark or Wood Chips The reference to "1/4 -inch" is revised to read "U.S. No. 4". 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 1A". SECTION 9-25, WATER June 26, 2000 9-25.1 Water for Concrete This section is revised to read as follows: Water for mortar or concrete shall be clear and apparently clean. If the water contains substances that cause discoloration, unusual or objectionable smell or taste, or other ci ucpicinu is content the Engineer may require the Contractor to provide test results documenting that the water meets the physical test requirements and chemical limits 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: 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 prestressed concrete. 2. Specific Gravity shall not exceed 1.07. 3. Alkalies, expressed as [Na2O+0.658 K2O], shall not exceed 600 ppm. A Shall be free of coloring agents. 5. if the wash water contains admixtures from different manufacturers, the Contractor 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). 6. All tests to verify that the physical and chemical requirements are met, shall be conducted on the following schedule: h The physical requirements shall be tested on weekly intervals for four weeks and thereafter on monthly intervals. The chemical requirements shall be tested on monthly intervals. c. The specific gravity shall be determined daily in accordance with ASTM D 1429, Test Method D. 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 R-18 to conduct all tests. The laboratory shall use testing equipment that has been 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 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. SECTION 9-27. CRIBBING August 6, 2001 9-27.3(2) Gabion Baskets In number 3, "d" is revised to read as follows: d. Hardness - Shore "A" not Tess than 75 when tested according to ASTM D 2240 9-27.3(6) Stone This section is revised to read as follows: Stone for filling gabions shall have a Degradation Factor of at least 30. The stone shall be dense enough to pass the unit -weight test described in Section 8-24.3(3)F. Stone shall meet the following requirements for gradation: Sieve Size Percent Passing 8" square 100 6" square 75-90 4" square 0-10 Fracture 75 All percentages are by weight. SECTION 9-28, SIGNING MATERIALS_AND FABRICATION August 6, 2001 9-28.1(1) Basis for Acceptance The first paragraph is revised to read as follows: Reflective sheeting shall be accepted on the basis of inclusion of the material/product on the Qualified Product List or by approval of a Request for Approval of Materials. The sign fabricator shall have available for inspection a copy of the Manufacturer's Certificate of Compliance for each lot of reflective sheeting. This certificate shall verify that the reflective sheeting meets all the requirements of Section 9-28.12. 9-28.2 Manufacturer's Identification and Date This section is revised to read as follows: All signs shall show the manufacturer's name and date of manufacture on the back. In addition, the width and height dimension, in inches, and the number of the sign as it appears in the Plans shall be placed using three-inch series C black letters on the back of destination, distance and large special signs. Hand painted numbers are not permitted. 9-28.11 Hardware The first sentence of the first paragraph is revised to read as follows: RnItS nuts and wacherc shall ha of the cams material fnr PA attachment except fnr - cr signs mounted on Overhead Sign Structures (Le. sign bridges, cantilevers, and bridge mounted) all bolts, u -bolts, washers, nuts, and locknuts shall be stainless steel only. In the first paragraph, the specification for "Washers" is revised to read: ASTM B 209 2024-T4 Aluminum ASTM A 36 Steel ASTM F 594 Stainless Steel In the first paragraph, the specification for "Angie and "Z" Bar' is revised to read: ASTM B 221 6061-T6 Aluminum ASTM A 36 Steel 1.. the fi �..L M LL._ [+..,ecificatio... for "S Mounting Bracket" is revised 111 file 1it't paragraph. LUC otJCutim.dUUit RP 01.10p and Mounting 1..71acket is revs ed to read: ASTM A 666, Type 201 Stainless Steel The last paragraph is revised to read as follows: All steel parts shall be galvanized per AASHTO M 111. Steel bolts and related connecting hardware shall be galvanized per AASHTO M 232. 9-28.14(2) Steel Structures and Posts The first paragraph is revised to read as follows: Anchor rods and washers for sign bridge and cantilever sign structure foundations shall conform to Section 9-06.5(4). Anchor rods shall be galvanized after fabrication a minimum of 1'-n" at tha avnncard anti in nnrnrrianra with ®®RHTCI M 919 Ni itd anti wacharc chali ha galvanized after fabrication in accordance with AASHTO M 232. Anchor rod templates shall conform to ASTM A 36, but need not be galvanized. SECTION 9-28, SIGNING MATERIALS AND FABRICATION August 6, 2001 9-28.1(1) Basis for Acceptance The first paragraph is revised to read as follows: Reflective sheeting shall be accepted on the basis of inclusion of the material/product on the Qualified Product List or by approval of a Request for Approval of Materials. The sign fabricator shall have available for inspection a copy of the Manufacturer's Certificate of Compliance for each lot of reflective sheeting. This certificate shall verify that the reflective chaatinn maatc nil tha rani iiramantc of Ccrtinn (1-95;z.19. 9-28.2 Manufacturer's Identification and Date This section is revised to read as follows: All signs shall show the manufacturer's name and date of manufacture on the back. In addition, the width and height dimension, in inches, and the number of the sign as it appears in the Plans shall be placed using three-inch series C black letters on the back of destination, distance and large special signs. Hand painted numbers are not permitted. 9-28.11 Hardware The first sentence of the first paragraph is revised to read as follows: Bolts, nuts, and washers shall be of the same material for each attachment, except for signs mounted on Overhead Sign Structures (i.e. sign bridges, cantilevers, and bridge mounted) all bolts, u -bolts, washers, nuts, and locknuts shall be stainless steel only. In the first paragraph, the specification for "Washers" is revised to read: ASTM B 209 2024-T4 Aluminum ASTM A 36 Steel ASTM F 594 Stainless Steel In the first paragraph, the specification for "Angle and "Z" Bar" is revised to read: ASTM B 221 6061-T6 Aluminum ASTM A 36 Steel In the first paragraph, the Specification for "Strap and Mounting Bracket" is revised to read: ASTM A 666, Type 201 Stainless Steel The last paragraph is revised to read as follows: All steel parts shall be galvanized per AASHTO M 111. Steel bolts and related connecting hardware shall be galvanized per AASHTO M 232. 9-28.14(2) Steel Structures and Posts The first paragraph is revised to read as follows: Anchor rods and washers for sign bridge and cantilever sign structure foundations shall conform to Section 9-06.5(4). Anchor rods shall be galvanized after fabrication a minimum of 1'-0" at the exposed end in accordance with AASHTO M 232. Nuts and washers shall be galvanized after fabrication in accordance with AASHTO M 232. Anchor rod templates shall conform to ASTM A 36, but need not be galvanized. SECTION 9-29, ILLUMINATION, SIGNALS, ELECTRICAL April 30, 2001 9-29.2 Junction Boxes This section is revised to read as follows: Junction boxes shall conform to the requirements set forth in the contract. This section is supplemented with the following: 9-29.2(1) Standard Junction Box install standard junction boxes at iocations shown in the pians. Standard junction boxes shall be concrete junction boxes conforming to details in the standard plans, or approved non -concrete junction boxes. Standard junction boxes and lids shall be capable of withstanding a 15,000 pound vertical load test applied uniformly through a 10 inch x 10 inch x /Z inch steel plate centered on the cover. The make and type of proposed junction box shall have been tested by an independent materials testing facility to meet loading requirements. Concrete in concrete junction boxes shall have a minimum compressive strength of 6000 .- .i lJ.ae wtran reinforced with a welded wire hnaenee.n nur d.f.+vfnc+i when rcinfnedr,- d kvith welded wire fabric or fiber reinforcement. The frame shall be anchored to the box by welding the wire fabric to the frame or by welding headed studs 3/8 — inch x 3 inches long, as specified in section 9-06.15, to the frame. The wire fabric shall be attached to the studs and frame with standard tie practices. The box shall contain ten studs located near the centerline of the frame and box wall. The studs shall be placed one anchor in each corner, one at the middle of each width and two equally spaced on each length of the box. The steel frame, lid support, and lid shall be painted with a black paint containing g r ust inhibitors. Material for concrete junction boxes shall conform to the following: Concrete Reinforcing Steel Fiber Reinforcing Lid Frame Lid Support & Handle Anchors (studs) Section 6-02 Section 9-07 ASTM C 1116, Type 111 ASTM A786 diamond plate steel ASTM A786 diamond plate steel or ASTM A 36 flat steel ASTM A 36 steel Section 9-06.15 Non -concrete junction boxes shaii be gray in coior and shali have approximately the same inside dimensions as concrete junction boxes. Non -concrete junction box lids shall include a pull slot and shall be secured with two 1/2 inch stainless steel hex -head bolts recessed into the cover. The tapped holes for the securing bolts shall extend completely through the box to prevent accumulation of debris. Bolts shall conform to ASTM F 593, stainless steel. 9-29.2(3) Structure Mounted Junction Box Junction boxes installed on structures or embedded in structures (including boxes embedded in barrier) shall be galvanized cast iron or stainless steel and shall conform to NEMA 4X requirements. Cover screws shall be stainless steel. Each box shall include a neoprene cover gasket. A 3/8 - inch drain shall be installed in each junction box. The size of NEMA 4X junction boxes shall be as shown in the pians. 9-29.2(4) Cover Markings Junction boxes with metallic lids shall be marked with the appropriate legend in accordance with the bead a �-`-°'- in the n. . . .�. Non-metaiiic ii . weld details Siandard Pians. Non-metaiiic lids snail be embossed with the appropriate legend and a non-skid surface. Legends for metallic lids and non-metallic lids shall be 1 -inch nominal height. Junction boxes shall be marked or embossed for use in accordance with the plans and following schedule: System Type Legend Traffic Signal Interconnect (6pr) COMM Fiber Optic Trunk Lines ITS HUB to TC (25pr) ITS Fiber Optic Laterals to CC ITS TC to DS (6pr) ITS TC to HAR (6pr) SC&DI ITS TC to CC (6pr) ITS TC to VMS '(6pr) -ITS TC to WSTA (6pr) ITS All other lateral 6pr (i.e. neon control, etc.) TS CC to camera (coax, control cables, old style) ITS CC to camera (fiber, new style) ITS HAR to antenna (coax) ITS VMS to sign (control cables) ITS WSTA to temp sensor, weather station ITS DS to loops (2cs) ITS DS to ramp meter (5c) ITS Flashing Beacons ITS Neon Power ITS Transformers to Cabinets ITS Service to Transformers LT All power for lighting LT Signal Controller to Displays TS Signal Controller to Loops_ TS Signal Controller to Emergency Preempt TS Telephone Service Drop TEL Telephones at Flyer Stops, Park & Rides, Etc. TEL 9-29.6(1) Steel Light and Signal Standards The first paragraph is revised to read as follows: Steel plates and shapes for light and signal standards shall conform to ASTM A 36. Shafts for Tight and signal standards, except Type PPB signal standards, shall conform to ASTM A 572, Grade 50. Shafts and caps for Type PPB signal standards, slipfitters for type PS, 1, FB, and RM signal standards, and all pipes shall conform to ASTM A 53, Grade B. Base plates for Tight standards shall conform to ASTM A 572, Grade 50, except as otherwise noted in the Standard plans for fixed base light standards. Base plates for signal standards shall conform to ASTM A 36. Connecting bolts shall conform to AASHTO M 164. Fasteners for handhole covers, bands on lighting brackets, and conductor attachment brackets shall conform to ASTM F 593. 9-29.6(2) Slip Base Hardware This section is revised to read as follows: Slip plates and anchor plates for light standards and for Type FB and RM signal standards shall conform to ASTM A 572, Grade 50. The keeper plate shall be 28 gage, conforming to ASTM A 526, coating G 90. Clamping bolts for slip base assemblies and slip base adapters shall conform to AASHTO M 164. Studs and bolts for slip base adapters shall conform to AASHTO M 164. Nuts shall conform to AASHTO M 291, Grade DH. Hardened washers shall conform to AASHTO M 293. Plate washers shall conform to ASTM A 36. 9-29.13 Traffic Signal Controllers The last paragraph is revised to read as follows: The Contractor, Subcontractor, or controller manufacturer shall be required to perform quality control inspections based on their QC program annually submitted and approved by WSDOT. The Contractor, Subcontractor, or controller manufacturer shall certify that the controller meets all requirements of the Standard Specifications and Special Provisions for the specific application. The QC program shall include, but not be limited to, the following: A) Quality Statement B) Individual responsible for quality (organizational chart) C) Fabrication procedures D) Test prnrarhi free E) Documented inspection reports F) Documented test reports G) Certification package SECTION 9-33, CONSTRUCTION GEOTEXTILE June 26, 2000 9-33.2 Oeotextlile Properties In tables 1 and 3 the value "<50%/ 50%" is revised to "<50%/>50%". CONTRACT PROVISIONS General Special Provisions Contract Form Performance Bond Form Informational Certificate of Insurance Informational Additional Insured Endorsement Minimum Wage Affidavit Form SPECIAL PROVISIONS 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), including the Division 1 APWA SUPPLEMENT, Section 1-99, which is made a part of this contract, and the foregoing Amendments to the Standard Specifications. DIVISION 1 - GENERAL REQUIREMENTS DESCRIPTION OF WORK PROJECT DESCRIPTION This project consists of furnishing all labor, materials and equipment required to construct a paved parking lot with drainage facilities, landscaping, and to include street improvements for the adjacent street, which will consist of curb and gutter, sidewalk, commercial driveway approaches, and a bus pullout. All in accordance with the Plans and Specifications as prepared by the City Engineer of the City of Yakima. 1-02 BID PROCEDURES AND CONDITIONS 1-02.1 Qualifications of Bidder (APWA Only) Supplement this section as follows: Pre -qualification is not required for this project. 1-02.4 Examination of Plans, Specifications, and Site of Work 1-02.4(1) General This section is supplemented with the following: A pre-bid conference will be held at Yakima City Hall CED Conference room, second floor, 129 N. 2nd Street, Yakima, Washington 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. 1-02.6 Preparation Of Proposal Section 1-02.6 is supplemented with the following: (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 7 1-02.12 Public Opening Of Proposal Section 1-02.12 is supplemented with the following: Date Of Opening Bids Sealed bids are to be received at the following location prior to the time Specified: City Clerk's Office, City of Yakima, 129 N. 2nd Street, Yakima, Washington 98901 The bid opening date for this project is September 5, 2001. Bids received will be publicly opened and read after 2:00 P. M. on this date. 1-02.15 Pre -Award Information The section is supplemented with the following. The City will request the fnllowinn documentation regarding efforts to mwimizo the ...,. .. .� will ...y......... ., ,... ,..,,..,._,... documentation sea..::vs+:.:v:: :�e�sa: sa:: :s3 efforts ..... ,e:ur.:::::�c e::� opportunity for Women and Minority Business Enterprises and Women and Minority Workforce Utilization in the performance of this project. 7. Identify the MBE's and WBE's used to fulfill the City's WMBE goal of 10%. 8 Identify the ci ihrnntrartnrs 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. 10. Furnish an Affirmative Action profile, by ethnic category, on the low bidder's employees proposed to be 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 Section 1-02. 8 1 of 4 MBE/WBE FORM - 5/95 Date: To City of Yakima, Engineering Division 129 No 2nd Street Yakima, WA 98901 Attn: Mr. K. Wendell Adams, P.E., City Engineer Re: Park and Ride Facility City of Yakima Project No. 1913 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. 7. A. Identify the MBE's or WBE's used to fulfill the City's WMBE goal of 10%. Name of MBE/WBE Certification No. Bid items above MBE/WBE will accomplish Percent of bid items to total bid (without sales tax): Name of MBE/WBE Certification No. Bid items above MBE/WBE will accomplish Percent of bid items to total bid (without sales tax). Total percent of MBE/WBE bid items in project (without sales tax): _% 9 2 of 4 MBE/WBE FORM - 5/95 (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 documentation requested in section 7. B.) 7. R. Identify the MBE's or WBE's contacted for subcontractor work: 7. B. 1. Name of MBE/WBE Certification No, Contact Person: Phone Number: Bid items above MBEM/BE was requested to quote: Reasons for not electing. Documentation I egar thung MBE/WBE rnntact is attached: YES 7. NO B. 2. Name of MBE/WBE Certification No. Bid items above MBE/WBE was requested to quote: Reasons for not selecting: Documentation regarding MBE/WBE contact is attached: YES NO 7. B. 3. Name of MBE/WBE Certification No. Bid items above MBE/WBE was requested to quote - Reasons for not electing: Documentation regarding MBE/WBE contact is attached. YES NO 3 of 4 MBE/WBE FORM - 5/95 7. B. 4. Name of BE/WBE Certification No. Bid items above MBE/WBE was requested to quote: Reasons for not electing: Documentation regarding MBE/WBE contact is attached: YES NO 7. B. 5. Name of BE/WBE Certification No Bid items above MBE/WBE was requested to quote: Reasons for not electing: Documentation regarding MBE/WBE contact is attached: YES NO 8. Identify the subcontractors with the percentage of work they will do. Subcontractor Name Percent of Work 11 sof 4 i"t+'3i3EMBE FORM = 5/95 9. Furnish an Affirmative Action profile, by ethnic category, on the subcontractor's employees proposed to be utilized to do the subcontract work. vUbliVl lLP L,tur Ndtit C. Ethnic Category Number of Employees Black Hispanic American Indian or Alaskan Native Asian or Pacific Islander Other: White Subcontractor Name. Ethnic Category Number of Employees Black Hispanic American Indian or Alaskan Native Asian or Pacific Islander Other: White 10. Furnish an Affirmative Action profile, by ethnic category, on the bidders employees proposed to be utilized to do the contract work, Ethnic Category Number of Employees Black Hispanic American Indian or Alaskan Native Asian or Pacific Islander Oilier: White (Contractor) By: 12 1-03 AWARD AND EXECUTION OF CONTRACT 1-03.4 Contract Bond Add the following: The bond shall further indemnify and hold the City of Yakima, its agents, employees and 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. 1-04 SCOPE OF WORK 1-04.4 Changes 1-04.4(1) Minor Changes Delete this supplement section 1-04.11 Final Cleanup Supplement this section with the following: The Contractor shall do partial cleanup when he determines it is necessary or when, in the opinion of the Engineer, partial cleanup shall be done for public safety. The cleanup work shall be done immediately upon notification from the Engineer and other work shall not proceed until the partial cleanup is accomplished 1-05 CONTROL OF WORK 1-05.4 Conformity with and Deviations from Plans and Stakes (APWA Only) 1-05.4(1) Roadway and Utility Surveys (APWA Only) Revise this section to read The Engineer will establish one time only, vertical and horizontal construction control and 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. 1-06 CONTROL OF MATERIAL 1-06.2 Acceptance of Materials 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 cost or $2,500.00 , whichever is greater. 13 American-made erican-made � i aterial is defined as material having all manufacturing processes occur ill the United States The action of applying a coating to steei or iron is deemed a manufacturing process Coating includes epoxy coating, galvanizing, aluminizing, painting, and any other coating that protects or enhances the value of steel or iron Any process from the original reduction from ore to the finished product constitutes a manufacturing process for iron. The following are considered to be steel manufacturing processes: 1. Production of steel by any of the following processes. a. Open hearth furnace. u. �aslc oxygel1. c. Electric furnace. d. Direct reduction. 2 Roiling, heat -treating, and any other similar processing. 3. Fabrication of the products a. Spinning wire into cable or strand. b Corrugating rolling culvertc� u. vv��u� �.g and��.� intoculverts. 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 iterns �s bei1 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 atio� �� as DOT Form 350-109. 1-06.2(1) Samples and Tests for Acceptance Supplement this section with the following: All testing shall be done by a materials testing laboratory chosen and employed by the City of Yakima. The initial tests will be at the expense of the City of Yakima. Subsequent tests if required due to test failure shall be at the expense of the Contractor. The following testing frequencies shall apply to this project. The testing frequencies may be modified to assure compliance with the specifications. In each case, the Engineer may require additional tests be performed at the Contractor's expense, if test results do not meet the required densities and results. Trench Backfilling Compaction tests shall be taken at a frequency and at depths sufficient to document that the required density has been achieved At a minimum, one (1) compaction test shall be taken for each 100 linear feet of main pipeline trench and one (1) test for each street crossing At alternating 100 -foot locations along the main trench line, tests shall be taken at 1 -foot, 2 -foot and 3 -foot depths below finish grade. Compaction shall conform to Section 7-08.3(3) or 7-10.3(11) as applicable to the pipeline being constructed. At a minimum, compaction within the roadway area shall be to at least 95% of maximum density as determined by ASTM D 1557 (Mr dificri Prr r'tnr) 14 Embankment Construction Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved At a minimum, one (1) compaction test shall be taken for every 5000 square feet of surface area for each lift of roadway embankment. Roadway embankment compaction shall be as specified in Section 2-03.3(14) Subarade Preparation Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5,000 square feet of surface area for each lift of roadway subgrade. Subgrade compaction shall be as specified in Section 2-06.3(2). Ballast and Crushed Surfacing Compaction tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5,000 square feet of surface area for each lift of ballast or crushed surfacing. Compaction of ballast and crushed surfacing shall be as specified in Section 4- 04.3(5). Asphalt Concrete Pavement Copies of the maximum Rice density test for each class of asphalt concrete pavement and copies of all test results shall be provided to the Engineer as construction progresses. Density tests shall be taken at a frequency sufficient to document that the required density has been achieved. At a minimum, one (1) compaction test shall be taken for every 5000 square feet of surface area for each lift of asphalt concrete pavement. Compaction of asphalt concrete pavement shall be as specified in Section 5- 04.3(10)B of these Special Provisions. 15 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC 1-07.1 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 is available to the Contractor at the Project Engineer's office. If the Contractor's operations involve work outside the areas covered by the following environmental provisions, the Contractor shall advise the 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 Project Engineer's office. Regulations of Yakima County Clean Air Authority 1-07.2 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. The Contractor shall include Washington State retail sales taxes in the various unit bid prices or other contract amounts. 1-07.5 Fish And Wildlife and Ecology Regulations 1-07.5(1) General Add the following: The Contractor shall be liable for the payment of all fines and penalties resulting from failure to comply with the federal, state, and local pollution control regulations. 1-07.5(4) Air Quality Supplement this section with the following: The local air pollution authority is the Yakima Regional Clean Air Authority, (509) 574- 1410. 1-07.6 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. Supplement this Section with the following: The Contractor shall have or obtain a valid City of Yakima Business license for the duration of this project. 1-07.15 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 BMPs 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: a. TESC and SPCC Inspection Reports; 17 b. Stormwater site plan, c. Tomporary Erosion and Sediment control (Ti ESC) Han, 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 file shall be provided to the Engineer for review (October 25, 1999) Spill Prevention, Control and Countermeasures Descriptio_ ves�npuc�n 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 pian shall be submitted to the Project Engineer prior to the commencement of any construction activities. A copy of the plan with any updates shall be 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 al d 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: • Any hazardous material* found on site and encountered during construction but not identified in 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 7(1 1 ft1 (11(1 , inrlor "ho,,rrin, s substance". . v. �v. •V v��J� ��f-�GV VV VGNJtG11Vli . 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 Attachments. A - Emergency Action Plan B - Site Sait_ Plan C - Inspection and Incident Report Forms 18 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 all 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. 1-07.16 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 pre -historical 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 Engineer of any such finds. The Engineer 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 Engineer 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. 1-07.17 Utilities And Similar Facilities (March 13, 1995) Section 1-07.17 is supplemented with the following: Locations and dimensions shown in the Plans for existing facilities are in accordance with available information obtained without uncovering, measuring, or other verification. 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 19 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 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 19.199 RC` \A! law relating to underground utilities. Any cost to the Contractor incurred as a result of this law shall be at the Contractor's 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 Charter Cablevision 1005 N 1Sth Avenue Yakima, Washington 98902 509-575-1697 7 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 Pacific Power PO Box 1729, Yakima, Washington 98907 509-575-3146 The Contractor Shall notify the Upper Yakima Valley l ltilities Coordlna_ting Council -Area 5, telephone i �u� i Iber 1-800-553-4344, at least 48 hours prior to start of excavation so that underground utilities may be marked. It shall be the Contractor's responsibility to investigate the presence and location of all utilities prior to bid opening and to assess their impacts on his construction activities. Utilities, new or old, may be renewed, relocated, or adjusted for the proposed construction The Contractor shall, prior to beginning any work, meet with all utility organizations (public and private) in the field to familiarize himself with existing utility locations, along with familiarizing himself with plans and schedules for the installation of new, relocated, or adjusted utilities. Both public and private utility organizations, along with private contractors working for these organizations, may be doing utility installations within the area. The proposed construction work must be coordinated with these utility installations. The Contractor shall arrange with the owners and operators of the respective utility systems to mark the locations and, if necessary or prudent, to expose the existing utilities prior to construction of the facilities contained in this Contract. The Contractor shall coordinate his work with other contractors who may be working in the project area and cooperate with them. 1-07.18 Public Liability and Property Damage Insurance (APWA only) General Requirements The seventh paragraph is revised as follows: Change "45 days" to "20 days" Revise the eighth paragraph by adding the following to the end of the first sentence: 20 ", the City of Yakima, its employees, agents, and elected or appointed officials". Revise the tenth paragraph to read as follows: The Contractor shall forward to the City the additional insured endorsement as requested in the Evidence of Insurance Section. Coverages and Limits (APWA only) The section is revised to read: 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 endorsement is not provided, an additional $2,000,000 umbrella limit will be required over and above the $1,000,000 underlying. 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. Providing coverage in these stated amounts shall not be construed to relieve the Contractor from liability in excess of such limits. Evidence of Insurance (APWA only) The section is revised to read: 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/broker and shall provide for a cancellation notice of at least 20 days, 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 Wastewater Manhole Rehabilitation, City Project 1926. 4. Contain the appropriate amount and types of coverage's that are specified by the Contract. 1-07.23 Public Convenience And Safety 1-07.23(1) Construction Under Traffic Section 1-07.23(1) is supplemented with the following: 21 (March 13, 1995) The construction safety zone for this project is 10 -feet from the outside edge of the traveled way During nonworking hours equipment or materials shall not be within the safety zone unless it is protected by permanent guardrail or temporary concrete barrier The use of temporary concrete barrier shall be permitted oniy if the Engineer approves the installation and location. During the actual hours of work, unless protected as described above, only materials absolutely necessary to construction shall be within the safety zone and only construction vehicles absolutely necessary to construction shall be allowed within the safety zone or allowed to stop or park on the shoulder of the roadway. The Contractor's nonessential vehicles and employees private vehicles shall not be permitted to park within the safety zone at any time unless protected as described above. Deviation from the above requirements shall not occur unless the Contractor has requested the deviation in writing and the Engineer has provided written approval. 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 Engineer 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 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 _�_� the Engineer, of newiy updated Schedules shall be forwarded ded to Engineer, 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 order the Contractor to delay unscheduled activities until they are included on a subsequent weekly activity schedule. 1-08.5 Time For Completion (March 13, 1995) Section 1-08.5 is supplemented with the following. This project shall be physically completed within Twentv-five (25) working days. 22 1-08.10(1) Termination by Default Revise the last sentence of the fifth paragraph as follows: Replace "State of Washington, Department of Transportation" with "Contracting Agency" 1-10 TEMPORARY TRAFFIC CONTROL 1-10.2(1)B Traffic Control Supervisor Revise the first sentence to read: A TCS shall be on the project whenever traffic control devices and or flaggers are required to fulfill the requirements of the Contractor's approved Traffic Control Plan or as authorized by the Engineer. 1-10.3 Flagging, Signs, and All Other Traffic Control Devices 1-10.3(1) Traffic Control Labor Revise the first sentence of the third paragraph with the following: Delete the phrase "Traffic Control Labor" and replace it with "Maintenance and Protection of Traffic". Revise the fourth paragraph as follows: Delete the first sentence. Delete the phrase "Traffic Control Labor" in the second sentence and replace it with "Maintenance and Protection of Traffic". 1-10.3(3) Construction Signs The first paragraph is revised as follows: The first sentence is revised to read: 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 Engineer shall be furnished by the Contractor, Delete the last two sentences. The third paragraph is revised as follows: Delete item 2. Revise item 3 to read. Furnishing, initial installation and subsequent removal of both Class A and B construction signs; and 1-10.3(5) Temporary Traffic Control Devices The first and second sentences are revised as follows: Delete the phrase "Temporary Traffic Control Devises" and replace it with "Maintenance and Protection of Traffic". 23 1-10.4 Measurement Delete the second paragraph and replace with the following. "Maintenance and Protection of Traffic" shall cover all traffic control labor as set forth in Section 1-10.3(1), except the labor for Traffic Control Supervisor, and furnishing all temporary traffic control devices as set forth in Section 1-10.3(5) as required by the approved Traffic Control Plan 1-10.5 Payment (APWA Only) Add the following pay item "Maintenance and Protection of Traffic," per Lump Sum The lump sum contract price shall be full compensation for furnishing and maintaining fiaggers, modifying or adapting the Traffic Control Pian, furnishing, maintaining, moving and removing temporary traffic control signs and devises, traffic control vehicle, pilot car, and other traffic control measures required by the Approved Traffic Control Plan. No further payment will be made. 24 DIVISION 2 - EARTHWORK 2-02 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 2-02.1 Description Supplement this section with the following: The work shall specifically include the removal of existing asphalt pavement, curb and gutter, and any other materials identified to be removed on the plans within the construction limits shown on the plans, or any other items identified by the Engineer to be removed 2-02.3 Construction Requirements Supplement this section with the following: 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. 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 for the new construction. The materials to be removed under this section shall become the property of the Contractor. 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, due to the Contractor's operation, shall be repaired by the Contractor at the Contractor's expense and to the satisfaction of the Engineer. 2-02.3(3) Removal of Pavement, Sidewalks, and Curbs Supplement this section with the following: The Contractor shall remove and dispose of all existing paving that is required to be removed for this project as directed by the Engineer. Where removal of existing pavement is required, this work shall be accomplished in advance of the construction activities and shall conform to the requirements of Section 2-02.3(3) of the Standard Specifications, except as herein modified. All final cuts prior to paving shall be made by sawcut unless otherwise specifically directed. For trenches, the cuts shall be a minimum of 6 -inches wider than the undisturbed base width for each side of the trench. In no case shall the overlaid asphalt joint be in line with the shear plane of the excavation. All sawcuts shall be clean, vertical cuts and with a tolerance of 1 -inch of the specified line Depths of cuts shall be sufficient to permit the removal of the pavement between or along side existing pavement without damage to pavement or structures to be left in place All cuts shall be continuous and shall be made with a machine especially equipped for this purpose. The Contractor shall be required to provide his own disposal site for the material to be wasted. Item 1 is revised to read: Haul all broken pieces to an off -project site to be obtained by the Contractor. Item 2 is revised by adding the following to the end of the sentence. "or to the nearest joint as directed." 25 2-03 ROADWAY EXCAVATION AND EMBANKMENT 2-03.1 Description Revise the first sentence of the first paragraph as follows. Add "and parking areas" following "roadway" 2-03.4 Measurement Revise Item 1. as follows: Add "roadway excavation including haul" after "Roadway excavation" Supplement with the following: (March 13, 1995) Only one determination of the original ground elevation will be made on this project. Measurement for roadway excavation and embankment will be based on the original ground elevations recorded previous to the award of this contract. Control stakes will be set during construction to provide the Contractor with all essential information for the construction of excavation and embankments if discrepancies are discovered in the ground elevations, which will materially affect the quantities of earthwork, the original computations of earthwork quantities will be adjusted accordingly Earthwork quantities will be computed, either manually or by means of electronic data processing equipment, by use of the average end area method or by the finite element analysis method utilizing digital terrain modeling techniques. "Common Borrow Including Haul", shall be measured by the ton in the conveyance vehicle. Copies of the ground cross-section notes will be available for the bidder's inspection, before the opening of bids, at the Project Engineer's office. I innn award of the contract, conies of the orininai ground cross-sections will be furnished to the successful bidder on request to the Project Engineer. 2-03.5 Payment Add the following payment items: "Roadway Excavation incl. Haul", per cubic yard. "Common Borrow Including Haul", per ton. The unit contract price per cubic yard shall be full pay to perform the work as specified, including terracing the existing slope. 2-07 WATERING 2-07.3 Construction Requirements Supplement this section with the following. The Contractor shall secure permission from and comply with all requirements of the City of Yakima Water Division before obtaining water from fire hydrants. The Contractor shall notify the Engineer as soon as such permission is granted. 26 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 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. 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 quickly as possible. Upon completing the use of the hydrants, the Contractor shall notify the water utility so that 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. 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 hydrant use. 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 provided by the City of Yakima Water Division. 2-07.5 Payment This section is revised to read: Water will be furnished by the City of Yakima Water Division without charge. The Contractor shall convey the water from the nearest convenient hydrant or other source at his expense. 27 P1..n•+.•1si P.ir"fr®A•.C`3a1C9fidA9.51ii!\1"1rC wain r Ft /MARCAITC L./ Vi.ii*4 * .i — u—"ii iii Fix i:., i i��Yii .ri i_ii . V r'u:u .— _ o_::: �::: a. 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 in accordance with WSDOT Method 702 (Hveem mix design) to the Engineer for approval at least 5 working days prior to any paving operation. The use of more than 30 percent of recycled material in the asphalt concrete pavement on this project shall not be permitted. 5-04.3(10)B Control. This section is revised to read. 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 e 91 the maximum density ae determined by aiiau be a minimum of u i percent of iii.. i�w........... ...........� ..... ................... ..,� 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 day's production or approximately 400 tons, whichever is less. Control lots not meeting the minimum density standard shall be removed and replaced with satisfactory material. At the option of the Engineer, non -complying 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 7R 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 Sovent 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 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. 29 5-04.3(15) Asphalt Concrete Approach Add the following to the sentence: "or reconstructed," after the word "constructed" 5_(1A 3(17) Paving 1 Inrinr Tr,ffic 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 items: "Asphalt Conc. Pavement 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. 30 DIVISION 7 DRAINAGE STRUCTURES, STORM SEWERS, SANITARY SEWERS, WATER MAINS, AND CONDUITS 7-05 MANHOLES, INLETS, AND CATCH BASINS 7-05.3 Construction Requirements 7-05.3(1) Adjusting Manholes and Catch Basins to Grade This section is revised to read: Manholes, Catch Basins, Valve Boxes, Monument Cases and other utility castings shall be adjusted in accordance with Section 5-04.3(13). 31 DIVISION 8 — ±y!lSCELLANEOUS L UlL S ! 3SUC ! ON LANDSCAPING SPECIFICATIONS Description of Work All landscape work shall consist of landscape, waterfall and irrigation system elements as shown on the plans. Contractor will furnish and install an electrically controlled automated irrigation system for landscaping of the Park and Ride area, design, provide all required materials and construct a "double waterfall" water feature. Other related work shall consist of bidder designed plans and details for those elements not specifically shown on the pian sheets, but specified or implied to be included in the completed project. This shall include, but is not limited to all soils, grades, plant materials, irrigation parts, design layout, native rock placement, and waterfall -retention pond All work to be done in accordance with these Contract Documents and in accordance with current industry standards. Contractor must design each element and submit to the engineer for approval prior to purchase of materials or placement of materials on site. Construction The Contractor shall design and prepare working drawings showing the location of all equipment and irrigation system configuration including all pipe sizing, and irrigation station distribution, etc. for the Park & Ride Facility according to the following criteria as well as current industry standards: 1. The new system shall be a fully electric, multiple station, timer -controlled irrigation system with manual over -ride capability. The electric valves, sprinklers and controller shall be as specified in Section 9-15 as modified by these Special Provisions. 2. The electrical system shall conform to Section 8-03.3(6) and applicable portions of Sections 8-20 and 9-29 of the Standard Specifications. 3. The controller shall be located at a site proposed by the contractor and as approved by the Engineer. 4. Sprinklers shall be appropriately distributed throughout the facility with an appropriate mixture of spray heads and drip heads. Ail heads shall be manufactured by either NFI SON or TORO for proposed landscape areas. All irrigation lines under asphalt or concrete covered areas shall be sleeved inside of PVC conduits. Some areas that are not designated as having plants placed immediately shall be accommodated with spray or drip accommodation as approved by the Engineer. 5. The Contractor shall stake the irrigation system following the approved working drawings before the construction begins. Alterations and changes in the layout may be expected in order to conform to ground conditions and to obtain full and adequate coverage of plant material with water; however, no changes in the system as approved shall be made without the prior authorization of the Engineer. 6. No more than two (2) pipes maximum shall be allowed in the same trench and shall have a minimum separation of 4". 7. Sprinklers shall be installed and positioned per manufacturer's recommendation for the type of sprinkler used and for the best and most efficient watering pattern and coverage R At lead one (1) uraterinr ctatinn chall ho inctallerl to cenarately Water ear•h of the five (5) main planting areas. A mixture of spray heads and drip irrigation heads on a single station will not be allowed. 32 9. The Contractor's working drawings shall be updated by the Contractor as required during construction. Two sets of reproducible drawings showing the final configuration of the installation shall be submitted to the Engineer as "As Built" record drawings after completion of all work of the contract. Power Panel: 1. The contractor must install a new electrical pump panel for the sole purpose of providing power to match pump requirements. 2. Shall be lockable and rated for outdoor use. 3. Shall be located as shown on the plans. 4. Shall be connected to a new underground service connection provided by the City. "Landscaping" Bid Item • All planting areas, (beds as shown on plans including the waterfall area) shall be graded with 1 -foot depth of Topsoil Type 'C'. • Columnar Oak to be planted along Fair Avenue shall be planted with a minimum of 24" topsoil to the outside of the root ball and a minimum topsoil depth of 12". • Plant material shall be of Washington State Nursery Standards. • The contractor, as directed by the Engineer, shall place Columnar Basalt Rock provided by the City in the numbers and where shown on the plans. • All valves, electric valves, timer, piping, electrical panel, filtering system, plants soil, and other appurtenances and amenities shall be furnished and installed by the Contractor to provide a complete system. • Waterfall area shall be designed to be natural looking environment and in designated area — S.W. corner of existing retention pond. • The bid item Landscaping shall include excavating and reshaping of existing soil in the waterfall area to enhance native rock setting and the waterfall area. (Approx. 400 yards) • Waterfalls shall include firestone fish safe 45 mil rubber liners, valves, four (4) 4 1/2 HP Goulds pumps (#WS05), U.V.I. filters, discharge lines, waterfall layout and design hard materials shall be local moss lycon rock with 1/3 rock being 2-3 man rock and 1/3 being 1 man rock and hand carry. • Large native rocks shall be placed and clustered throughout the waterfall area in odd numbers such as...1,3 and 5's in a minimum of five locations. • All cascading falls to be constructed of Anderson flat rock, min of (2) 4'-5' falls. • All spillways and creek beds shall have native river rock sizing from 2"-12" with mortar base or equal. • All plant materials shall be of nursery standards. • Included in this bid — all excavation, rock hauling, rock placement, plants, machine time and labor. Measurement "Landscaping" bid item shall be measured per "lump sum " 33 Payment Payment will be made in accordance with Section 1-04.1, for the following bid items when included in the proposal. "Landscaping", lump sum. All costs for contract for Landscaping -h_„ fu pay for furnishing i._ - ii All the unit price LQIIUJI.Qhllll� item shall be full pay �urrnsnuiy an labor, tools equipment, and materials required to construct a complete system. 8-04 CURBS, GUTTERS, AND SPILLWAYS 8-04.1 Description Supplement this section with the following: The work shall include the installation of commercial driveway approaches. 8-04.2 Construction Requirements 8-04.3(1) Cement Concrete Curbs, Gutters, and Spillways Supplement this section by including the following. Commercial Driveway Appr oaath: Shall be constructed as shown on the City of Yal<i i 1a Standard Detail for Commercial Driveway Approach. The sidewalks and the ramps shown on each side of the approach detailed on the standard detail shall be paid for under Section 8-14 of the Standard Specifications. 8-04.4 Measurement Add the following: Commercial Driveway Approach shall be measured per lump sum installed at the location shown on the plans and in accordance with the standard detail. 8-04.5 Payment Add the following: "Commercial Driveway Approach", per lump sum. The payment for "Commercial Driveway Approach", per lump sum shall be full compensation for all work, equipment and materials and all other items necessary for the complete installation of the approach at the location as shown on the plans and in accordance with the standard detail. 8-20 ILLUMINATION, TRAFFIC SIGNAL SYSTEMS, AND ELECTRICAL Note: These Special Provisions supplement, or supersede the appropriate articles of sections 8-20 and 9-29 of the Standard Specifications. 8-20.1 Description of Work Illumination work for this project shall consist of the following items. • I-urnishing and installing modified Type B Service with Panel • Furnishing and installing new luminaire poles and fixtures, including new luminaire foundations, and luminaire pole bases. • Furnishing and installing conduit and junction boxes. 34 • Furnishing and installing, and connecting conductors to luminaires. • Making all necessary electrical connections and other work to assure luminaire system is working correctly. • Furnish and installing an electrical supply system for the landscaping features, including all wiring and conduits to assure the system is working correctly 8-20.5 Payment The lump sum contract price for "Illumination System Complete", shall be full compensation for all materials, labor equipment and tools necessary to construct and complete the respective system including backfilling, compacting, and repair of conduit trenches, installation of electrical system for the landscaping features, all in accordance with the plans, these Special Provisions and Standard Specifications. 8-30 REPAIR OR REPLACEMENT (New Section) 8-30.1 Description 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 Engineer. 8-30.5 Payment Payment will be made for the following bid items: "Repair or Replacement", by force account. For the purpose of providing a common proposal for all bidders, and for that purpose only, the 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. 8-31 LANDSCAPE ROCK (New Section) 8-31.1 Description This work shall consist of furnishing and placing loose broken basalt or large loose river rock of the type specified at the locations and in the conformity with the lines and dimensions as shown in the plans or established by the Engineer. 8-31.2 Materials Loose Broken Basalt Loose broken basalt shall be of local origin, hard, sound and durable basalt rock. Broken basalt shall be basalt ranging in size to a maximum of 12 inches. Loose broken basalt shall meet the following requirements for grading. 10% to 30% 30% to 50% 30% to 50% 10% to 20% 10% to 30% Minimum Size 8 inch 6 inch 4 inch 2 inch %2 inch Maximum Size 2 inch Acceptance shall be based on visual inspection by the Engineer. 35 Loose River Rock Loose river rock shall be unbroken, clean river rock ranging in size from a minimum of 2 inches to a maximum of 12 inches. Loose river rock shall meet the following requirements for grading: 10% to 30% 50% to 80% 10% to 30% Minimum Size 8 inch 4 inch 2 inch Maximum Size 4 inch Acceptance shall be based on visual inspection by the Engineer. 8-31.3 Construction requirements 8-31.1(1) Loose Broken Basalt Loose broken basalt shall be placed in such a manner that all voids shall be filled with smaller rock leaving a well graded compact mass. The stone shall be placed to such thickness as is shown on the plans or as directed by the Engineer. The exposed face of the basalt rock shall be made as smooth as the shape and size of the stones will permit and shall not vary more that 4 inches from a plane surface on the placement area. 8-31.1(2) Loose River Rock Loose river rock shall be placed to such thickness as is shown on the plans or as directed by the Engineer. The river rock shall be made as smooth as the shape and size of the stones will permit and shall not vary more that 4 inches from a plane surface on the placement area. 8=31.4 Measurement Loose broken basalt will be measured by the ton. Loose river rock will be measured by the ton. 8-31.1 Payment Payment will be made in accordance with Section 1-04.1, for each of the following bid items that are included in the proposal: "Loose Broken Basalt", per ton. "Loose River Rock", per ton. The unit contract price per ton for the rock specified shall be full pay for furnishing all labor, tools equipment, and materials required to construct the rock placement. DIVISION 9 MATERIALS 9-03 AGGREGATES 9-03.8 Aggregates for Asphalt Concrete 9-03.8(3)C Gradation -- Recycled Asphalt Pavement and Mineral Aggregate 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. 9-15 IRRIGATION SYSTEM 9-15.1 Pipe, Tubing, and Fittings Revise this section to read: All distribution pipes and fittings used on this project shall conform to Section 9-15.1(2) polyvinyl chloride pipe and fittings. 9-15.3 Automatic Controllers Revise this section as follows: Add the following paragraphs: Acceptable automatic controller(s) shall be TORO XF-416 Series or approved equal, with capacity large enough to meet the needs of the system to be installed. The box for the controller shall be a metal box of weatherproof design with a hasp for locking. The box shall be as manufactured by Haffman and have a catalog number of A -18R186 with an enclosure type of 3R or approved equal. 9-15.4 Sprinkler Heads Revise this section to read: Sprinklers shall be either NELSON or TORO series to be appropriate with site to be watered. TORO 570 series sprinklers shall be used for smaller controlled areas. 9-15.5 Valve Boxes and Protective Sleeves Revise this section to read: Add the following paragraph: Sleeves shall be installed under all paved and surfaced areas, through walls, and as required to facilitate a smooth construction sequence. Sleeves shall be a minimum diameter of equal to or greater than twice the diameter size of the inserted pipe and shall extend a minimum of 12" beyond the edge of the structure involved. The ends of the sleeves shall be plugged to prevent soil from entering the sleeve. 37 9-15.7(2) -15.i( ) futvratin Control Valves Revise this section as follows: Replace the first paragraph with the following: Acceptable automatic control valves shall be TORO 216 Series Brass Valves, Electric mnriPls, nr annrnven Ppm' 9-15.13 Pressure Regulating Valves Revise this section as follows: Replace the first sentence with the following. Pressure reducing valves shall have an adjustable outlet range of 20 to 100 psi and a minimum working pressure of 95 psi. 9-29 ILLUMINATION, SIGNALS, ELECTRICAL 9-29.1 Conduit Revise this section to read: Conduit shall he Schedule 40 Polyvinyl Chloride (PVC) conforming to all NEC requirements regarding electrical grade - gray color PVC conduits. 9-29.2 Junction Boxes Revise this section to read: Junction boxes shall be constructed of polymer concrete and reinforced by a heavy - weave fiberglass similar and equal to "Composolite" as manufactured by Quazite Corporation. Boxes and covers shall be concrete gray color. Covers shall be rated for a minimum load of 15,000 lbs, and the boxes shall be rated for a minimum of 8,000 lbs over a 10"x10" area. The material compressive strength shall be no less than 11,000 psi and shall be tested to -50° F. The covers shall have a minimum coefficient of friction of 0.5, and shall have the logo "Traffic Signal" or "Street Lighting" as appropriate on them. . 9-29.6 Light and Signal Standards Add the following sentence: All aluminum alloys shall comply with metallurgical and mechanical properties set forth in the Aluminum Association Standards. 9-29.6(5) Foundation Hardware Revise this section to read as follows: The anchor bolts, nuts, washers, and other foundation hardware on this project shall be supplied by the light standard manufacturer, and shall be hot -dipped galvanized over their entire length and surface per ASTM A 153. 3R 9-29.6(6) Light Standards (NEW SECTION) Light standards for this project shall be as shown on Standard Detail E4a (Attached) Area & Parking Light from the City of Yakima Standard Details or equal as approved by the City Engineer. The shaft of the Light standards shall be weldable grade, got -rolled, commercial -quality carbon steel tubing with a minimum yield of 50,000 psi (7 gauge). Uniform wall thickness of .188 -inch. Shaft is one-piece with a longitudinal, electric, resistance weld. Uniformly square in cross-section with flat sides, small corner radii. The anchor base shall be fabricated from hot -rolled carbon steel plate that meets or exceeds a minimum yield strength of 36,000 psi. The anchor base shall be provided with slotted holes. Anchor bolts shall be galvanized per ASTM A-153 and made of 1 -inch diameter steel rod having a minimum yield strength of 55,000 psi. Accessories shall include anchor bolts (each with two heavy hex nuts and washers) as sized by the manufacturer, bolt templates, full base covers, and pole end caps. Poles shall provide a nominal fixture mounting height of thirty feet (30'). Handholes shall be 3 -inches by 5 -inches (minimum) and shall be located at least 12 inches above the base. A 1/2 -inch UNC ground stud shall be located inside the handholes. Finish shall be dark bronze polyester powder paint (DDB) standard. Base cover shall be finished to match the pole. 9-29.10 Luminaires Supplement this section with the following: Luminaires shall be Luthonia Lighting, KAD HPSV 400 Watt with Type III Cutoff Optics in Dark Bronze (DDB) color or an approved equal with 400 -Watt, 240 Volt high-pressure sodium vapor luminaire. All luminaires shall have individual photoelectric controls unless otherwise noted. The luminaire distribution type shall be type M -C -III. High-pressure sodium lamps shall have a 24,000 -hour rated life 9-29.24(2) Electrical Circuit Breakers and Contactors Revise this section as follows: Delete the second paragraph. 39 S i ANDAKv PLANS August 6, 2001 The State of Washington Standard Plans for Road, Bridge and Municipal Construction [M21-01 (English)] transmitted under Publications Transmittal No. 00-062, effective October 2, 2000 is made a part of this contract. The Standard Plans are revised as follows: A-2 Sheet 1 in the LONGITUDINAL SECTION, the note "Crushed surfacing top course 0.2" MIN compacted depth" is revised to read: "Crushed surfacing top course 0.2' MIN compacted depth". I'1_._1'_t _■�_..I,n L.-� LL_ IIA P111' _4 L. IIIt%II Bar list, transverse bottom i Marx bars, the. quantity : is revised w . `. . B-3 In Section A -A, "Pipe support 3" x 0.75" aluminum" is revised to "Pipe support 3" x .075" aluminum". Note 3 is revised as follows: Line 2, 0.60" is revised to 0.060" Line 3, 0.64" is revised to 0.064" Line 4, 0.60" is revised to 0.060" B-11 in detail Thermoplastic Pipe, the statement "Bedding material for thermoplastic pipe" is revised to read "Gravel Backfill for Pipe Zone Bedding". D -la Sheet 1 The chart "FOOTING REINFORCEMENT/STEM REINFORCEMENT", note "*", the quantity of Class 4000 concrete for Barrier Alternate 2 is revised from "1.123 CY" to "0.123 CY". F -2b Sheet 2 In the detail for shoulder paving with guardrail posts, the shoulder paving shall extend only to the inside face of the guardrail post. F-3 Sheet 2 In note 9 concrete Class 3000 is revised to concrete Class 4000. G-2 Sheet 1 In the Sign Bridge Layout, the reference to 1' 3" is deleted. G-3 In the Typical Truss Details, 1/4" welds are revised to 3/16" welds. H-1 1. the tyre chart "Guide Post Types", Type G reflective sheeting 3" x 3i8" is revised to 3.: x 8". H-4 Sheet 1 40 Plan Sheet H-4 Sheet 1 is deleted and replaced with Plan Sheet H-4 Sheet 1 published in Metric Standard Plans transmittal No. 00-061. J -7a Sheet 2 of 2 In the Flashing Beacon Detail, "(200 amber lens)" is revised to "(8" amber Tens)". K-1 through K-18 These plans shall not be used on projects administered by WSDOT. The following are the Standard Plan numbers applicable at the time this project was advertised. The date shown with each plan is the publication approval date shown in the lower right-hand corner of that plan. Standard Plans not having this date shall not be used in this contract. A-1 10/08/99 C -6d 5/30/97 G-7 7/18/97 A-2 12/23/98 C -6f 7/25/97 G -8a 10/06/99 A-3 5/09/97 C-7 8/10/98 G -8b #1 5/05/00 A-4 3/07/97 C -7a 8/01/97 G -8b #2 5/05/00 C-8 8/10/98 G -8b #3 5/05/00 B-1 3/07/97 C -8a 7/25/97 G -9a #1 4/02/99 B -la 3/07/97 C -8b 7/17/98 G -9a #2 4/02/99 B -lb 3/07/97 C -8c 5/30/97 G -9b #1 4/02/99 B-1 a 3/07/97 C -8d 7/25/97 G -9b #2 4/02/99 B-lz 5/30/97 C -8e 4/02/99 G -9b #3 4/02/99 B-2 5/09/97 C -9a 3/14/97 B -2a 5/09/97 C-10 #1 7/21/98 H-1 7/18/97 B -2b 4/18/97 C-10 #2 7/31/98 H -la 4/14/00 B -2c 7/25/97 C-11 5/30/97 H-1 b 5/05/00 B-3 5/09/97 C-11 a 2/19/99 H -lc 8/01/97 B -3a 5/09/97 C-11 b #1 .... 2/19/99 H-ld 7/18/97 B -4b 5/09/97 C-11 b #2 .... 8/01/97 H -le 4/14/00 B -4c 5/09/97 C-12 1/06/00 H-2 8/01/97 B -4f 5/09/97 C-13 #1 4/16/99 H-3 4/14/00 B -4g 7/18/97 C-13 #2 4/16/99 H -3a 6/23/00 B -4h 5/09/97 C -13a 4/16/99 H-4 #1 2/18/00 B-7 5/09/97 C -13b 4/16/99 H-4 #2 2/18/00 B -7a 3/07/97 H-4 #3 2/18/00 B-8 5/09/97 D -la #1 .... 10/06/99 H-5 2/18/00 B -8a 7/25/97 D -la #2 .... 10/06/99 H -5a 2/18/00 B-9 5/09/97 D-1 b #1 .... 10/06/99 H -5b 2/18/00 B -9a 5/09/97 D -lb #2.... 10/06/99 H -5c 8/01/97 B -9b 5/09/97 D-1 c #1 .... 10/06/99 H -5d 4/14/00 B -9c 7/18/97 D -lc #2 .... 10/06/99 H-6 1/06/00 B -9d 7/18/97 D-1 d #1 .... 10/06/99 H-7 8/10/98 B-11 5/09/97 D-ld #2 .... 10/06/99 H8 9/18/98 B-13 12/04/98 D -le #1 .... 10/06/99 H-9 4/18/97 B-18 5/09/97 D -le #2 10/06/99 H-10 5/29/98 B -18a 5/09/97 D -1f #1 10/06/99 H-12 6/23/00 B -18b 7/18/97 D-lf #2 10/06/99 H-13 7/25/97 B-19 5/30/97 D -2a 3/14/97 H -13a 7/25/97 B -20d 7/18/97 D -2b 3/14/97 H-14 #1 4/23/99 B-21 7/18/97 D -2c 3/14/97 H-14 #2 4/23/99 B -21a 8/10/98 D -2d 3/14/97 B-22 5/09/97 D -2e 3/14/97 1-1 7/18/97 41 B -22a 8/01/97 D -2f 3/14/97 i-2 4/23/99 B -23a 5/09/97 D -2g 3114/97 i-3 8/20/99 B -23b ....5/09/97 D -2h ...... .. 3/14/97 B -23c 5/09/97 D -2i 3/14/97 J -lb 10/08/99 B -23d 5/09/97 D -2j 3/14/97 J -lc 4/24/98 B-25 5/09/97 D -2k 3/14/97 J -le 8/01/97 B-26 7/18/97 D -2i 3/14/97 J-1 f 6/23/00 B-27 8/01/97 D -2m 3/14/97 J-3 8/01/97 B-28 10/06/99 D -2n 3/14/97 J -3b 4/24/98 B-29 4/24/98 D -2o 3/14/97 J -3c 6/19/98 B-30 8/10/98 D -2p 3/14/97 J -3d 4/02/99 D -2y 3/14/97 J-5 8/01/97 C-1 7/31/98 D -2r 3/14/97 J -6c 4/24/98 C -la 7/31/98 D -2s 3/14/97 J -6f 4/24/98 C -lb #1 3/17/00 D -2t 3/14/97 J -6g 8/01/97 C -lb #2 3/17/00 D -2u 3/07/97 J -6h 4/24/98 (`_1c 5/30/97 n -2v 3/07/x7 J -7a .6/23/00 v -1c r� ,.,,..,,.,, .,. C-1 d 3/14/97 D -2w 3/07/97 J -7c 6/19/98 C-2 1/06/00 D -2x 3/07/97 J -7d 4/24/98 C -2a 7/17/98 D -2y 9/12/97 J -8a 8/01/97 C -2b 6/12/98 D-4 12/11/98 J -9a 4/24/98 C -2c 1/08/99 D-6 6/19/98 J-10 7/18/97 P' e')ri l P) / 7 A P1 /P) / i A A .. 4/02/99 -0 5/2,x/98 D-/ 10/06/99 J-11a..,,,,,,..,. C-2e 3/07/97 97 Li-7ci 10/06/99 C -2f 3/14/97 D-9 #1 12/11/98 K-1 3/07/97 C -2g 3/28/97 D-9 #2 12/11/98 K-2 3/07/97 C -2h 3/28/97 K-3 3/07/97 C -2i 3/28/97 E-1 7/25/97 K-5 3/07/97 C -2j 6/12/98 E-2 5/29/98 K-7 3/07/97 C -2k 3/14/97 E-5 5/29/98 K=8 3/07/97 C -2m 3/14/97 K-10 3/07/97 C -2n 3/14/97 F-1 7/18/97 K-11 3/07/97 C -2p 3/28/97 F-2 8/27/99 K-13 3/07/97 C-3 8/10/98 F -2a 5/30/97 K-16 3/07/97 C -3a 3/14/97 F -2b 3/14/97 K-17 3/07/97 C -3b 3/14/97 F-3 2/09/00 K-18 3/07/97 C -3c 3/28/97 C -4a 3/14/97 G-2 7/02/98 L-1 7/18/97 C -4b 6/23/00 G -2a 7/02/98 L-2 7/18/97 C -4e 3/17/00 G-3 7/02/98 L-3 7/18/97 C-5 3/14/97 G -3a 7/02/98 L-5 7/31/98 C-6 5/30/97 G -4a 4/02/99 L -5a 7/31/98 C -6a..,,,.,,...,3/14/97 G -4b...........8/12/94 L-6 7/25/97 C -6c 1/06/00 G-6 #1 4/28/00 G-6 #2 4/28/00 G-6 #3 4/28/00 CONTRACT THIS AGREEMENT, made and entered into in triplicate, this c21 day of , 2001, by and between the City of Yakima, hereinafter called the Owner, and Superior Paving Company a Washington Corporation, hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, labor and equipment for THE BID AMOUNT OF $ 193,707.50 , for Park and Ride Facility -Fair Avenue, Project No. 1913, TIB Project No. 9-E- 180(001)-3 all in accordance with, and as described in the attached plans and specifications and the 2000 Standard Specifications for Road, Bridge, and Municipal Construction which are by this reference incorporated herein and made a part hereof, and shall perform any alterations in or additions to the work provided under this contract and every part thereof Work shall start within ten (10) days after the Notice to Proceed and shall be completed in Twenty Five(25) working days. The first chargeable working day shall be the 11th working day after the date on which the City issues the Notice to Proceed. If said work is not completed within the time specified, the Contractor agrees to pay to the Owner the sum specified in the Standard Specifications for each and every day said work remains uncompleted after expiration of the specified time, as liquidated damages. The Contractors shall provide and bear the expense of all equipment, work and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City of Yakima. II. The City of Yakima hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same according to the attached plans and specifications and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices hereto attached, at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor IV. It is further provided that no liability shall attach to the City of Yakima by reason of entering into this contract, except as expressly provided herein. IN WITNESS WHEREOF the parties hereto have caused this agreement to be executed the day and year first herein above written. Countersigned: CITY OF YAKIMA this d lik day of t 'r 2001 Attest: City Clerk CONTRACTOR By: Contractor ,a Corporation (Print Name) Its (President, Owner, etc.) 43 Address: Wggtor Stade x, p rtmeDt i'c ��' s` 4 E ° i Sid Morrison Secretary of Transportation September 20, 2001 Mary Place, Mayor City of Yakima 129 N. 2nd Street Yakima, WA 98901 RE: I-82, Parcel 5-YG057, Gateway Park and Ride Lot — Advanced Authorization to Construct South Ceratyal 81e ioin 2809 Rudkin Road, Union Gap 0 Box 12560 akima. WA 98909-2560 509-577-1600 Dear Mayor: The Department of Transportation and the City of Yakima are in the process of completing the Agreement to facilitate the location, construction and maintenance of the park and ride lot along Fair Avenue. This letter will permit the construction of the site to fit the City's currently scheduled Project, No. 1913. This advanced authorization is granted with the understanding that; 1) the Federal Highway Administration currently has control over this right of way; 2) the park and ride lot will not be opened to the public until the Agreement is fully executed. If the provisions of this letter are acceptable, please sign both copies and return them to this office for final signature. One fully executed original will be returned for City records. Sincerely, Ga?vcz-s Todd Trepanief, P.E. Acting Region Administrator DJ/dj Acceptance: CITY OF YAKIMA .0or Mary Place, 1yor Date: 677/0/ B.A.Zai , Jr., City Y Manager WASHINGTON STATE DEPARTMENT OF TRANSPORTATION South Central Region Administrator Date: Date: PERFORMANCE BOND BOND TO CITY OF YAKIMA KNOW ALL MEN BY THESE PRESENTS. BOND NO. 23-64-20 That we, the undersigned, SUPERIOR PAVING CO. a WASHINGTON Corporation as Principal and AMERICAN HOME ASSURANCE COMPANY a corporation organized and existing under the laws of the State of New York as a surety corporation, and qualified under the laws of the State of Washington to become surety upon bonds of contractors with municipal corporations, as surety, are jointly and severally held and firmly bound to the CITY OF YAKIMA in the penal sum of $ 193 , 707.50 for the payment of which sum on demand we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. This obligation is entered into in pursuance of the statutes of the State of Washington, the Ordinances of the CITY OF YAKIMA. DATED at Yakima, Washington, this day of , 2001 . Never -the -less, the conditions of the above obligations are such that: WHEREAS, pursuant to action taken by the Yakima City Council on , 20 Ol , the City Manager and City Clerk of the CITY OF YAKIMA has let or is about to let to the said SUPERIOR PAVING CO. , the above bounded Principal, a certain contract, the said contract being numbered 1 91 and providing for PARK & RIDE FACILITY (which contract is referred to herein and is made a part hereof as though attached hereto), and, WHEREAS, the said Principal has accepted, or is about to accept, the said contract, and undertake to perform the work therein provided for in the manner and within the time set forth; NOW THEREFORE, if the said SUPERIOR PAVING CO. 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 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 employees, agents, and elected or appointed officials, harmless from any damage or expense by reason of failure of performance as specified in said contract or from defects appearing or developing in the material or workmanship provided or performed under said contract within a period of one year after its acceptance thereof by the CITY OF YAKIMA, then and in that event this obligation shall be void; but otherwise it shall be and remain in full force and effect. SIJPRRTOR PAVTN(; CO Approveds to form: (City Attomey) Its: (Contra r) BILL A I I TT (Print Name) VICE—PRESIDENT (President, Owner, etc...) OME AS..RANC CI 'ANY (Print Name) Its: Attorney—in—Fact American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 70 Pine Street, New York, N Y 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No 13-B-41133 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Ronald J. Lange, Paula NI. McCoy, James B. Binder, Harold R. Ross, Anne E. Strieby, W. J. McCoy, Jennifer L. Kane: of Seattle, Washington --- its true and lawful Attorney(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby IN WITNESS WHEREOF, American I -Tome Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents this 25th day of June, 2001 A. Mallonee, ice President STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 25th day of June, 2001 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa., to me personally known to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority of his office. 4114 " OR New YOrk 6 In Bronx County Commission Expires Feb. 14, 2002 CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. on May 18, 1976 "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereoff, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney -in -Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." 1, Elizabeth M. Tuck, Secretary of American Home Assurance Company and of National Union Fire Insurance Company of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations, and the Powers of Attorney issued pursuant thereto, are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation 65166 (4/99) this day of Elizabeth M. Tuck, Secretary ACORa, CERTIFICATE OF LIABI LITY INSURANCUPE225SP DATE (MM/DD/YY) 09/26/01 PRODUCER RS&P - Seattle P. O. Box 24347 Seattle WA 98124 'Seattle Fax:206-956-9600 INSURED Superior Paving Company P.O. Box 10268 Yakima, WA 98909 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: Valiant Insurance Company INSURER B: Northern Ins Co of New York INSURER C: INSURER D• INSURER E. COVERAGES 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. (NSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A I GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CON95586344 CG0001 03/31/01 03/31/02 EACH OCCURRENCE $ 1,000,000 X FIRE DAMAGE (Any one fire) $ 300,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PRO LOC JECT B AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CON95586351 03/31/01 03/31/02 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X BODILY INJURY (Per person) $ X X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) I GARAGE LIABILITY ANY AUTO •'AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESS LIABILITY CON95586385 03/31/01 03/31/02 EACH OCCURRENCE $10,000,000 X OCCUR CLAIMSMADE AGGREGATE $10,000,000 DEDUCTIBLE RETENTION $ $ X $ i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY LA WASHINGTON STOP GAP CON95586344 03/31/01 03/31/02 TU - TORY LAM TS OER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER IDESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Park and Ride Facility Fair Avenue City Project No. 1913, TIB Project No. 9-E-180(001)-3 -Additional Insured: City of Yakima its agents,employees and (elected or appointed officials this insurance is primary and noncontributory ) form CG2010 attached xxxx CERTIFICATE HOLDER Y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION City of Yakima Engineering Division 129 North Second Street Yakima, WA 98901 ACORD 25-S (7/97) YAKI-06 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EINDEMVINISIOIMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, IMPOIMMIERT4WIDISCONOLL WAIARROMMINVESIX EDR-•-ES.... •TINE ©ACORD CORPORATION 1988 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement effective September 26, 2001 12:01 A.M. standard time Policy No. CON95586344 Named Insured Superior Paving Company Countersigned by Scott Strickland (Authorized Representative) SCHEDULE Name of Person or Organization: City of Yakima its agents,employees & elected or appointed officials (If noentry 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 work" for that insured by or for you. Copyright, Insurance Services Office, Inc. 1992 MINIMUM WAGE AFFIDAVIT STATE OF WASHINGTON) ) ss COUNTY OF YAKIMA ) I, the undersigned, having been duly sworn, depose, say and certify that in connection with the performance of the work, payment for which this voucher is submitted, I have paid the following rate per hour to each classification of laborers, workmen, or mechanics, as indicated upon the attached list, now referred to and by such reference incorporated in and made an integral part hereof, for all such employed in the performance of such work; and no laborer, workman or mechanic so employed upon such work has been paid Tess than the prevailing rate of wage or less than the minimum rate of wages as specified in the principal contract; that I have read the above and foregoing statement and certificate, know the contents thereof and the substance as set forth therein is true to my knowledge and belief. Subscribed and sworn to before me on this Contractor day of , 200 Notary Public in and for the State of Washington residing at 51 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 53 PREVAILING WAGE RATES Department of labor & Industries Statement Prevailing Wage Rates for Yakima County Benefit Code Key Supplemental To Wage Rates STATE WAGE RATES ARE INSERTED FOLLOWING THIS PAGE 55 BENEFIT CODE KEY - EFFECTIVE 08-31-01 *********#******** **** ****.******************.************************* *.******.f*". kap*******.........:..*********s OVERTIME CODES OVERTIME CALCULATIONS ARE BASED ON THE HOURLY RATE ACTUALLY PAID TO THE WORKER. ON PUBLIC WORKS PROJECTS, THE HOURLY RATE MUST BE NOT LESS THAN THE PREVAILING RATE OF WAGE MINUS THE HOURLY RATE OF THE COST OF FRINGE BENEFITS ACTUALLY PROVIDED FOR THE WORKER. 1 ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 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 SATURDAY; 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 THROUGH 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 THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. G. THE FIRST TEN (10) HOURS WORKED ON SATURDAYS AND THE FIRST TEN (10) HOURS WORKED ON A FIFTH CALENDAR WEEKDAY IN A FOUR - TEN HOUR SCHEDULE, SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF TEN (10) HOURS PER DAY MONDAY THROUGH SATURDAY, AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PMD 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 THE HOURLY RATE OF WAGE. K. ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 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 CONDITIONS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. N ALL HOURS WORKED ON SATURDAYS (EXCEPT MAKEUP DAYS) SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 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 TIMES THE HOURLY RATE OF WAGE. BENEFIT CODE KEY - EFFECTIVE 08-31-01 -2- 1 S. ALL HOURS WORKED ON SUNDAYS BETWEEN THE HOURS OF 12:O0AM SUNDAY AND 6:OOAM MONDAY AND ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. T ALL HOURS WORKED ON SATURDAYS, EXCEPT MAKE-UP DAYS, SHALL BE PAID AT ONE AND ONE-HALF TIMES THE H! mT V HATE nF v./ACP. AT1 WIT TP wnnyWD AQP 6:00PM SATTTDWAV Tn 6:00 A! M. *4nnmAY A.ND ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. U ALL HOURS WORKED ON SATURDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS (EXCEPT LABOR DAY) SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON LABOR DAY SHALL BE PAID AT THREE TIMES THE HOURLY RATE OF WAGE. W ALL HOURS WORKED ON SATURDAYS AND SUNDAYS (EXCEPT MAKE-UP DAYS) SHALL BE PAID AT ONE AND ONE - HAT F TIMES THE HOURLY RATE OF WAGE. AT HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. 2, ATT HOURS WORKED TN EXCESS OF FIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. A. THE FIRST SIX (6) HOURS ON SATURDAY SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED IN EXCESS OF SIX (6) HOURS ON SATURDAY AND ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. B. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. C ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TSS THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON HOLIDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. D ALL HOURS WORKED ON SATURDAYS AND SUNDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT STRAIGHT TIME IN ADDITION TO THE HOLIDAY PAY. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT ONE AND ONE-HA-T.F TIMES THE HOURLY RATE nE WAGE. E. ALL HOURS WORKED ON SATTTRT)AYC 0R T -TOT TnAYC (FXCFPT TAR0R DAY) SHAT T RF PATI) AT ONF AND ONF-HALF TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SUNDAYS OR ON LABOR DAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. F. THE FIRST EIGHT (8) HOURS WORKED ON HOLIDAYS SHALL BE PAID AT THE STRAIGHT HOURLY RATE OF WAGE IN ADDITION TO THE HOLIDAY PAY ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS ON HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. G. ALL HOURS WORKED ON SUNDAY SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAAT TWOAND ONE-HALF TIMES THE HOURLY RATE OF WAGE INCLUDING HOLIDAY PAY. J ALL HOURS WORKED ON SUNDAYS SHALL BE PAID AT TWO TIMES THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON PAID HOLIDAYS SHALL BE PAID AT TWO AND ONE-HALF TIMES THE HOURLY RATE OF WAGE, INCLUDING THE HOLIDAY PAY ALL HOURS WORKED ON UNPAID HOT MAYS SHAT BE PAID AT TWn TIMES THE HOURLY RATE OF WAGE. M. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. 0. ALL HOURS WORKED ON SUNDAYS AND HOLIDAYS SHALL BE PAID AT ONE AND ONE-HALF TIMES THE HOURLY RATE OF WAGE. 4. A. ALL HOURS WORKED IN EXCESS OF EIGHT (8) HOURS PER DAY OR FORTY (40) HOURS PER WEEK SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. ALL HOURS WORKED ON SATURDAYS, SUNDAYS AND HOLIDAYS SHALL BE PAID AT DOUBLE THE HOURLY RATE OF WAGE. HOLIDAY CODES 5 A. HOLIDAYS NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AF ER THANKSGIVING DAY, AND CHRISTMAS DAY (7) B HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, THE DAY BEFORE CHRISTMAS, AND CHRISTMAS DAY (8) 5 C HOLIDAYS. NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, BENEFIT CODE KEY - EFFECTIVE 08-31-01 -3- THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8) D HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY. LABOR DAY, THANKSGIVING DAY. THE FRIDAY AND SATURDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8) G HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (7) H. HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, AND CHRISTMAS (6) I. HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6) N HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY. VETERANS' DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (9) O PAID HOLIDAYS. NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6). Q PAID HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (6) R. PAID HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, ONE-HALF DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY. (7 1/2). S. PAID HOLIDAYS: NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, AND CHRISTMAS DAY (7). T. PAID HOLIDAYS: SEVEN (7) PAID HOLIDAYS. U PAID HOLIDAYS. NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY, AND A DAY OF THE EMPLOYEES CHOICE (7) V. PAID HOLIDAYS: SIX (6) PAID HOLIDAYS. W PAID HOLIDAYS: NINE (9) PAID HOLIDAYS. X. HOLIDAYS: AFTER 520 HOURS - NEW YEAR'S DAY, THANKSGIVING DAY AND CHRISTMAS DAY AFTER 2080 HOURS - NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, CHRISTMAS DAY AND A FLOATING HOLIDAY (8). Y. HOLIDAYS: NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, PRESIDENTIAL ELECTION DAY, THANKSGIVING DAY, THE FRIDAY FOLLOWING THANKSGIVING DAY, AND CHRISTMAS DAY (8). Z. HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, VETERANS DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8). 6 A. PAID HOLIDAYS: NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (8) C. HOLIDAYS. NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE DAY AFTER THANKSGIVING DAY, THE LAST WORK DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (9) D PAID HOLIDAYS. NEW YEAR'S DAY, WASHINGTON'S BIRTHDAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, THE DAY BEFORE OR THE DAY AFTER CHRISTMAS DAY (9) H. HOLIDAYS. NEW YEAR'S DAY, MARTIN LUTHER KING JR. DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AFIER THANKSGIVING DAY, AND CHRISTMAS DAY (8) I. PAID HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, FRIDAY AFTER THANKSGIVING DAY, AND CHRISTMAS DAY (7). 6. L. HOLIDAYS. NEW YEAR'S DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, THE FRIDAY AMER THANKSGIVING DAY, THE LAST WORKING DAY BEFORE CHRISTMAS DAY, AND CHRISTMAS DAY (8) BENEFIT CODE KEY - EFFECTIVE 08-31-01 -4- PAID HOLIDAYS. NEW YEAR'S DAY. MEMORIAL DAY. INDEPENDENCE DAY, LABOR DAY. THANKSGIVING DAY, THE DAY AIFLR THANKSGIVING DAY AND CHRISTMAS DAY UNPAID HOLIDAY PRESIDENTS' DAY S. PATS HOLIDAYS NEW YEAR'S DAY, MFMORTAT. DAY. INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY THE FRIDAY AFTER THANKSGIVING DAY CHRISTMAS F.VF. DAY AND CHRT.STMAS DAY (R) 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 AFTER THANKSGIVING DAY, CHRISTMAS EVE DAY, CHRISTMAS DAY, EMPLOYEE'S 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 HOLIDAYS NEW YEAR'S DAY, DAY BEFORE OR AFTER NEW YEAR'S DAY, PRESIDENTS DAY, MEMORIAL DAY, INDEPENDENCE DAY, LABOR DAY, THANKSGIVING DAY, DAY AFTER THANKSGIVING DAY, CHRISTMAS DAY, DAY BEFORE OR AFTER CHRISTMAS DAY, EMPLOYEE'S BIRTHDAY (11) 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 FIFTY FEET OR MORE: OVER 50 TO 100' - $1.00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100' TO 175' - $2.25 PER FOOT FOR EACH FOOT OVER 100 FEET OVER 175' TO 250' - $5.50 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 PREMLUMS APPLY TO DEPTHS OF FIE d Y FEr a OR MORE: OVER 50' TO 100' - $1.00 PER FOOT FOR EACH FOOT OVER 50 FEET OVER 100' TO 150' - $1.50 PFR FOOT FOR EACH FOOT OVER 1001 FEET OVER 150' TO 200' - $2.00 PER FOOT FOR EACH FOOT OVER 150 FEET OVER 200' - DIVERS MAY NAME THEIR OWN PRICE D WORKERS WORKING WITH SUPPLIED AIR ON HAZMAT PROJECTS RECEIVE AN ADDITIONAL $1.00 PER HOUR. L. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A. $0.75, LEVEL B. $0.50, AND LEVEL C: $0.25. M. WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS. LEVELS A & B $1.00, LEVELS C & D. $0.50. N WORKERS ON HAZMAT PROJECTS RECEIVE ADDITIONAL HOURLY PREMIUMS AS FOLLOWS - LEVEL A. $1.00, LEVEL B. $0.75, LEVEL C. $0.50, AND LEVEL D: $0.25. 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&1 at (360) 902-5330. $$1$$ $$2$$ Supplemental To Wage Rates Page 1 WSDOT's 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 J RCW n la_ 1. J with X the 111 11 1..� V IJ L. covered by 39.12. items marked an in "NO" column should be considered to be standard and therefore not covered. Of course, exceptions to this general list may occur, and in that case shall be evaluated according to the criteria described in State and L&I's policy statement. 11 tM UtJUKIN 1 IUN Y ES 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-lf, B -23a, B -23b, B -23c, and B -23d. X 2. Frame & Grate - frame and Grate for Catch Basin type 1, 1 L, 1 P, 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 $$1$$ $$2$$ 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 Plans and Std. Plans for size and material type. X 9. Aluminum Pedestrian Handrail - Pedestrian handrail conforming to the type and material specifications set forth in the contract plans. Welding of aluminum shall be in accordance with Section 9-28.15(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 $$1$$ $$2$$ 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 X and flat top slab and/or cones. See Std. Plans. 15. Drywell - Drywell as specified in Contract Plans. X 16. Catch Basin - Catch Basin type 1, 1 L, 1P, 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. Cee 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 Walls - Precast Concrete Walls - tilt -up wall panel in size and shape as shown in Plans. Fabrication plant has annual approval for methods and materials to be used. X 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 $$1$$ $$2$$ Supplemental To Wage Rates Page 5 29. Prestressed Concrete Girder Series 4-14 - Prestressed Concrete Girders for use in structures. Fabricator piant has annual approvai 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. 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 VII lJl.1 for 1•4Jl. in Fabricator plant IIIJJ 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 I-1-7. 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. X 35. Mono -tube Sign Structures - Mono -tutee Sign Bridge fabricated to details shown in the Plans. Shop drawings for approval are required prior to fabrication. $$1$$ $$2$$ 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. Pian 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-1 a, and J-1 b. 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 Tots, 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 $$1$$ $$2$$ 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 aluminum sheeting. NOTE: *** Fabrication inspection required. Only signs tagged "Fabrication Approved" by WSDOT Sign Fabrication Inspector to be installed. 43. Cutting & bending reinforcing steel X 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 $$1$$ $$2$$ 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 $$1$$ $$2$$ Supplemental To Wage Rates Page 9 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 08/31/01 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 1 Painter 9.76 1 Laborer 7.06 1 Fitter Welder Machine lil lle O./per ator Painter Laborer Counties Covered: Chelan 15.04 1 12.24 1 9.71 i 9.93 1 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 Machine Operator 10.66 1 Painter 11.41 1 Laborer 11.13 1 $$1$$ $$2$$ Supplemental To Wage Rates Page 10 Classification METAL FABRICATION (IN SHOP) 08/31/01 Counties Covered: Clark Over PREVAILING Time Holiday Note WAGE Code Code Code Layerout 22.98 1J 6U Fitter 22.64 1J 6U Welder 21.54 1J 6U Painter 19.57 1J 6U Machine Operator 17.00 1J 6U Laborer 16.49 1J 6U Fitter Welder Machine Operator Painter Laborer Counties Covered: Snohomish Counties Covered: Spokane 15.38 1 15.38 1 8.84 1 9.98 1 9.79 1 Fitter 12.59 1 Welder 10.80 1 Machine Operator 13.26 1 Painter 10.27 1 Laborer 7.98 1 Counties Covered: Thurston 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 Counties Covered: Whatcom Fitter/Welder 13.81 1 Machine Operator 13.81 1 Laborer 9.00 1 $$1$$ $$2$$ Supplemental To Wage Rates Page 11 Classification METAL FABRICATION (IN SHOP) 08/31/01 Counties Covered: Yakima Over PREVAILING Time Holiday Note WAGE Code Code Code Fitter 12.00 1 Welder 11.32 1 Machine Operator 11.32 1 Painter 12.00 1 Laborer 10.31 1 Counties Covered: Cowlitz Fitter 22.03 1B 6V Welder 22.03 1B 6V Machine Operator 22.03 1B 6V Laborer 17.17 1B 6V Counties Covered: Grant Fitter 10.79 1 Welder 10.79 1 Painter 7.45 1 Fitter Weider Machine Operator Painter Laborer Fitter Welder Machine Operator Laborer $$1$$ $$2$$ Counties Covered: Kinn Counties Covered: Kitsap Supplemental To Wage Rates Page 12 15.86 1 15.48 1 13.04 1 11.10 1 9.78 1 26.96 1 13.83 1 13.83 1 6.72 1 Classification METAL FABRICATION (IN SHOP) 08/31/01 Over PREVAILING Time Holiday Note WAGE Code Code Code Counties Covered: Klickitat, Skamania and Wahkiakum Fitter/Welder 16.99 1 Machine Operator 17.21 1 Painter 17.03 1 Laborer 10.44 1 Counties Covered: Pierce Fitter 15.25 1 Welder 13.98 1 Machine Operator 13.98 1 Laborer 9.25 1 $$1$$ $$2$$ Supplemental To Wage Rates Page 13 WASHINGTON STATE PREVAILING WAGE RATES - EFFECTIVE 08/31/01 FABRiCA T ED PRECAST CONI.Kt i t 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 10.60 1 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 1B 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 Skarnania 10.00 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 08/31/01 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 Labor and Industries 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 MA T ERiALS. Any firm with questions regarding the policy, these letter` • for determinations of covered and non -covered workers shall be directed to Sty: _ _&I at (360) 902-5330. Effective September 1, 1993, minimum prevailing wages for all work covered by WAC 296-127-018 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 tabes the nncitinn that prevailing vuanec fin 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 delive ► 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 $$1$$ $$2$$ Supplemental to Wage Rates 18 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 Works Contracts 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. YAKIMA COUNTY Effective 08-31-01 (See Benefit Code Key) Over PREVAILING Time Holiday Note Classification WAGE Code Code Code ASBESTOS ABATEMENT WORKERS JOURNEY LEVEL $24.25 1M 5D BOILERMAKERS JOURNEY LEVEL $35.96 1B 5N BRICK AND MARBLE MASONS JOURNEY LEVEL $30.42 1M 5A CABINET MAKERS (IN SHOP) JOURNEY LEVEL $8.45 1 CARPENTERS ACOUSTICAL WORKER $28.10 1M 5D BRIDGE, DOCK AND WARF CARPENTERS $34.34 1M 5D CARPENTER $27.84 1M 5D CREOSOTED MATERIAL $27.84 1M 5D DRYWALL APPLICATOR $27.84 1M 5D FLOOR FINISHER $27.97 1M 5D FLOOR LAYER $27.97 1M 5D FLOOR SANDER $27.97 1M 5D MILLWRIGHT $35.34 1M 5D PILEDRIVERS, DRIVING, PULLING, PLACING COLLARS AND WELDING $34.54 1M 5D SAWFILER $27.97 1M 5D SHINGLER $27.97 1M 5D STATIONARY POWER SAW OPERATOR $27.97 1M 5D STATIONARY WOODWORKING TOOLS $27.97 1M 5D CEMENT MASONS JOURNEY LEVEL $16.85 1 DIVERS & TENDERS DIVER $74.30 1M 5D 8A DIVER TENDER $37.01 1M 5D DREDGE WORKERS ASSISTANT ENGINEER $35.67 18 5D 8L ASSISTANT MATE (DECKHAND) $35.23 1B 5D 8L BOATMEN $35.67 1B 5D 8L ENGINEER WELDER $35.72 1B 5D 8L LEVERMAN, HYDRAULIC $37.11 1B 5D 8L MAINTENANCE $35.23 1B 5D 8L MATES $35.67 1B 5D 8L OILER $35.33 1B 5D 8L DRYWALL TAPERS JOURNEY LEVEL $25.44 1P 5A ELECTRICIANS - INSIDE JOURNEY LEVEL $36.81 1J 5Z ELECTRICIANS - POWERLINE CONSTRUCTION CABLE SPLICER $42.16 4A 5A CERTIFIED LINE WELDER $38.72 4A 5A GROUNDPERSON $28.38 4A 5A HEAD GROUNDPERSON $29.81 4A 5A HEAVY LINE EQUIPMENT OPERATOR $38.72 4A 5A JACKHAMMER OPERATOR $29.81 4A 5A JOURNEY LEVEL LINEPERSON $38.72 4A 5A LINE EQUIPMENT OPERATOR $32.95 4A 5A POLE SPRAYER $38.72 4A 5A Page 1 Classification YAKIMA COUNTY Effective 08-31-01 (See Benefit Code Key) Over PREVAILING Time Holiday Note WAGE Code Code Code POWDERPERSON $29.81 4A 5A ELECTRONIC & TELECOMMUNICATION TECHNICIANS JOURNEY LEVEL $12.07 1 ELEVATOR CONSTRUCTORS CONSTRUCTOR $31,29 4A 61 MECHANIC $42.25 4A 61 MECHANIC IN CHARGE $46.63 4A 61 PROBATIONARY CONSTRUCTOR $16.27 4A 61 LABORER $6.72 1 PRODUCTION WORKER $7.15 1 FENCE ERECTORS FENCE ERECTOR $13.80 1 FENCE LABORER $11.60 1 FLAGGERS JOURNEY LEVEL $22.53 1M 5D GLAZIERS JOURNEY LEVEL $18.43 1B 61 HEAT & FROST INSULATORS AND ASBESTOS WORKERS MECHANIC $35.83 1F 5C INSULATION APPLICATORS JOURNEY LEVEL $34.34 iM 5D IRONWORKERS JOURNEY LEVEL $37.07 1B 5A 1 ARf1RFRC ASPHALT RAKER $24 73 1M 5D BALLAST REGULATOR MACHINE $24.25 1M 5D BATCH WEIGHMAN $22.53 1M 5D CARPENTER TENDER $24.25 1M 5D CASSION WORKER $25.09 1M 5D CEMENT DUMPER/PAVING $24.73 1M 50 CEMENT FINISHER TENDER $24.25 1M 5D CHIPPING GUN (OVER 30 LBS) $24.73 1M 5D CHIPPING GUN (UNDER 30 LBS) $24.25 1M 5D CHUCK TENDER $24.25 1M 5D CLEAN-UP LABORER $24.25 1M 5D CONCRETE FORM STRIPPER $24.25 1M 5D CONCRETE SAW OPERATOR $24.73 1M 5D CRUSHER FEEDER $22.53 1M 5D CURING LABORER $24.25 1M 5D DEMOLITION, WRECKING & MOVING (INCLUDING CHARRED MATERIALS) $24.25 1M 5D DITCH DIGGER $24.25 1M 5D DIVER $25.09 1M 5D DRILL OPERATOR (HYDRAULIC, DIAMOND) $24.73 1M 5D DRILL OPERATOR, AIRTRAC $25.09 1M 5D DUMPMAN $24.25 1M 5D FALLER/BUCKER, CHAIN SAW $24.73 1M 5D FINAL DETAIL CLEANUP (i.e., dusting, vacuuming, window cleaning; NOT $20.21 1M 5D construction debris cleanup) FINE GRADERS $24.25 1M 5D FIRE WATCH $24.25 1M 5D FORM SETTER $24.25 1M 5D GABION BASKET BUILDER $24.25 1M 5D GENERAL LABORER $24.25 1M 5D r'RArIE vHEr'KER a9„ TRANcIT PER'cr'N @7A 7.�i 91v 5D GRINDERS $24.25 1M 5D GROUT MACHINE TENDER $24.25 1M 5D HAZARDOUS WASTE WORKER LEVEL A $25.09 1M 5D HAZARDOUS WASTE WORKER LEVEL B $24 73 1M 5D Page 2 * YAKIMA COUNTY Effective 08-31-01 *** kik**** k********************** kik+kit****************** k+kik#************* k***************** R*t***************** *** Classification (See Benefit Code Key) Over PREVAILING Time Holiday Note WAGE Code Code Code HAZARDOUS WASTE WORKER LEVEL C $24.25 1M 5D HIGH SCALER $25.09 1M 5D HOD CARRIER $24.73 1M 5D JACKHAMMER $24.73 1M 5D LASER BEAM OPERATOR $24.73 1M 5D MINER $25.09 1M 5D NOZZLEMAN, CONCRETE PUMP, GREEN CUTTER WHEN USING HIGH $24.73 1M 5D PRESSURE AIR & WATER ON CONCRETE & ROCK, SANDBLAST, GUNITE, SHOTCRETE, WATER BLASTER PAVEMENT BREAKER $24.73 1M 5D PILOT CAR $22.53 1M 5D PIPE RELINER (NOT INSERT TYPE) $24.73 1M 5D PIPELAYER & CAULKER $24.73 1M 5D PIPELAYER & CAULKER (LEAD) $25.09 1M 5D PIPEWRAPPER $24.73 1M 5D POT TENDER $24.25 1M 5D POWDERMAN $25.09 1M 5D POWDERMAN HELPER $24.25 1M 5D POWERJACKS $24.73 1M 5D RAILROAD SPIKE PULLER (POWER) $24.73 1M 5D RE-TIMBERMAN $25.09 1M 5D RIPRAP MAN $24.25 1M 50 SIGNALMAN $24.25 1M 5D SLOPER SPRAYMAN $24.25 1M 5D SPREADER (CLARY POWER OR SIMILAR TYPES) $24.73 1M 5D SPREADER (CONCRETE) $24.73 1M 5D STAKE HOPPER $24.25 1M 5D STOCKPILER $24.25 1M 5D TAMPER & SIMILAR ELECTRIC, AIR & GAS $24.73 1M 5D TAMPER (MULTIPLE & SELF PROPELLED) $24.73 1M 5D TOOLROOM MAN (AT JOB SITE) $22.53 1M 5D TOPPER-TAILER $24.25 1M 5D TRACK LABORER $24.25 1M 5D TRACK LINER (POWER) $24.73 1M 5D TUGGER OPERATOR $24.73 1M 5D VIBRATING SCREED (AIR, GAS, OR ELECTRIC) $24.25 1M 5D VIBRATOR $24.73 1M 5D WELDER $24.25 1M 5D WELL -POINT LABORER $24.73 1M 5D LANDSCAPE CONSTRUCTION IRRIGATION OR LAWN SPRINKLER INSTALLERS $7.38 1 LANDSCAPE EQUIPMENT OPERATORS OR TRUCK DRIVERS $15 45 1 LANDSCAPING OR PLANTING LABORERS $7.63 1 LATHERS JOURNEY LEVEL $27.84 1M 5D PAINTERS JOURNEY LEVEL $16.75 1 PLASTERERS JOURNEY LEVEL $35.63 1R 5A PLUMBERS & PIPEFITTERS JOURNEY LEVEL $40.40 1Q 5A POWER EQUIPMENT OPERATORS ASSISTANT ENGINEERS $33.59 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (3 YD & UNDER) $36 05 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (OVER 3 YD & UNDER 6 YD) $36 49 1T 5D 8L BACKHOE, EXCAVATOR, SHOVEL (6 YD AND OVER WITH ATTACHMENTS) $36.99 1T 5D 8L BACKHOES, (75 HP & UNDER) $35 69 1T 5D 8L Page 3 YAKIMA COUNTY Effective 08-31-01 ***************************************************************************************************************** Classification (See Benefit Code Key) Over PREVAILING Time Holiday Note WAGE Code Code Code BACKHOES, (OVER 75 HP) $36.05 1T 5D 8L BARRIER MACHINE (ZIPPER) $36.05 1T 5D 8L BATCH PLANT OPERATOR, CONCRETE $36.05 1T 5D 8L BELT LOADERS (ELEVATING TYPE) $35.69 1T 5D 8L BOBCAT $33.59 1- 5D 81_ BROOMS $33.59 1T 5D 8L BUMP CUTTER $36.05 1T 5D 8L LAa%LIJ IV= Ain 1T 5D 8L t i nYS m.v.`ea CHIPPER $36.05 1T 5D 8L COMPRESSORS $33.59 1T 5D 8L CUNI;Kt 1 t FINISH IVIACHUNt LAJtt JI.KGGU $33.59 1T 5f 1 RI CONCRETE PI AMPS $35.69 1T 5D 8L CONCRETE PUMP -TRUCK MOUNT WITH BOOM ATTACHMENT $36.05 1T 5D 8L CONVEYORS $35.69 1T 5D 8L CRANES, THRU 19 TONS, WITH ATTACHMENTS $35.69 1T 5D 8L CRANES, 20 - 44 TONS, WITH ATTACHMENTS $36.05 1T 5D 8L CRANES, 45 TONS - 99 TONS, UNDER 150 FT OF BOOM (INCLUDING MB WITH $36.49 1T 5D 8L ATACHMENTS) CRANES, 100 TONS - 199 TONS, OR 150 FT OF BOOM (INCLUDING JiB WITH $36.99 1T 50 8L ATTACHMENTS) CRANES, 200 TONS TO 300 TONS, OR 250 FT OF BOOM (INCLUDING JIB WITH $37.49 1T 5D 8L ATTACHMENTS) CRANES, A -FRAME, 10 TON AND UNDER $33.59 1T 50 8L CRANES, A -FRAME, OVER 10 TON $35.69 1T 5D 8L C37 99 1T cn 8 CRANES, OVER ,iUU TONS, OR 3VU OF BOOM INCLUDING Jib 'WITH .VJ i .tea i 1 .av a,L ATTACHMENTS CRANES, OVERHEAD, BRIDGE TYPE (20 - 44 TONS) $36.05 1T 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (45 - 99 TONS) $36.49 1T 5D 8L CRANES, OVERHEAD, BRIDGE TYPE (100 TONS & OVER) $36.99 1T 5D 8L CRANES, TOWER CRANE UP TO 175' IN HEIGHT, BASE TO BOOM $36.99 1T 5D 8L CRANES, TOWER CRANE OVER 175' IN HEIGHT, BASE TO BOOM $37.49 1T 5D 8L CRUSHERS $36.05 1T 5D 8L DECK ENGINEER/DECK WINCHES (POWER) $36.05 1T 5D 8L DERRICK, BUILDING $36.49 1T 5D 8L DOZERS, 0-9 & UNDER $35.69 1T 5D 8L DRILL OILERS - AUGER TYPE, TRUCK OR CRANE MOUNT $35.69 1T 5D 8L DRILLING MACHINE $36.05 1T 5D 8L ELEVATOR AND MANLIFT, PERMANENT AND SHAFT -TYPE $33.59 1T 5D 81. EQUIPMENT SERVICE ENGINEER (OILER) $35 69 1T 50 8L FINISHING MACHINE/BIDWELL GAMACO AND SIMILAR EQUIP $36.05 1T 5D 8L FORK LIFTS, (3000 LBS AND OVER) $35.69 1T 5D 8L FORK LIFTS, (UNDER 3000 LBS) $33.59 1T 5D BL GRADE ENGINEER $35.69 1T 5D 8L GRADECHECKER AND STAKEMAN $33.59 1T 5D 8L HOISTS, OUTSIDE (ELEVATORS AND MANLIFTS), AIR TUGGERS $35.69 1T 5D 8L HORIZONTAUDIRECTIONAL DRILL LOCATOR $35.69 1T 5D 8L HORIZONTAUDIRECTIONAL DRILL OPERATOR $36.05 1T 5D 8L HYDRALIFTS/BOOM TRUCKS (10 TON & UNDER) $33.59 1T 5D RL HYDRALIFTS/BOOM TRUCKS (OVER 10 TON) $35.69 1T 5D 8L LOADERS, OVERHEAD (6 YD UP TO 8 YD) $36.49 1T 5D 8L LOADERS, OVERHEAD (8 YD & OVER) $36.99 1T 5D 8L LOADERS, OVERHEAD (UNDER 6 YD), PLANT FEED $36.05 1T 5D 8L LOCOMOTIVES, ALL $36.05 1T 5D 8L MECHANICS, ALL $36.05 1T 5D 8L MIXERS, ASPHALT PLANT $36.05 1T 5D 8L MOTOR PATROL GRADER (FINISHING) $36.05 1T 5D 8L MOTOR PATROL GRADER (NON -FINISHING) $35.69 1T 5D 8L Page 4 * Classification YAKIMA COUNTY Effective 08-31-01 (See Benefit Code Key) Over PREVAILING Time Holiday Note WAGE Code Code Code MUCKING MACHINE, MOLE, TUNNEL DRILL AND/OR SHIELD $36.49 1T 5D 8L OIL DISTRIBUTORS, BLOWER DISTRIBUTION AND MULCH SEEDING OPERATOR $33.59 1T 5D 8L PAVEMENT BREAKER $33.59 1T 5D 8L PILEDRIVER (OTHER THAN CRANE MOUNT) $36.05 1T 5D 8L PLANT OILER (ASPHALT CRUSHER) $35.69 1T 5D 8L POSTHOLE DIGGER, MECHANICAL $33.59 1T 5D 8L POWER PLANT $33.59 1T 5D- 8L PUMPS, WATER $33.59 1T 5D 8L QUAD 9, D-10, AND HD -41 $36.49 1T 5D 8L REMOTE CONTROL OPERATOR ON RUBBER TIRED EARTH MOVING EQUIP $36.49 1T 5D 8L RIGGER AND BELLMAN $33.59 1T 5D 8L ROLLAGON $36.49 1T 5D 8L ROLLER, OTHER THAN PLANT ROAD MIX $33.59 1T 5D 8L ROLLERS, PLANTMIX OR MULTILIFT MATERIALS $35.69 1T 5D 8L ROTO -MILL, ROTO -GRINDER $36.05 1T 5D 8L SAWS, CONCRETE $35.69 1T 50 8L SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $36.05 1T 5D 8L OFF-ROAD EQUIPMENT ( UNDER 45 YD) SCRAPERS - SELF PROPELLED, HARD TAIL END DUMP, ARTICULATING $36.49 1T 5D 8L OFF-ROAD EQUIPMENT (45 YD AND OVER) SCRAPERS, CONCRETE AND CARRY ALL $35.69 1T 5D 8L SCREED MAN $36.05 1T 5D 8L SHOTCRETE GUNITE $33.59 1T 5D 8L SLIPFORM PAVERS $36A9 1T 5D 8L SPREADER, TOPSIDE OPERATOR - BLAW KNOX $36.05 1T 5D 8L SUBGRADE TRIMMER $36.05 1T 5D 8L TRACTORS, (75 HP & UNDER) $35.69 1T 5D 8L TRACTORS, (OVER 75 HP) $36.05 1T 5D 8L TRANSFER MATERIAL SERVICE MACHINE $36.05 1T 5D 8L TRANSPORTERS, ALL TRACK OR TRUCK TYPE - $36A9 1T 5D 8L TRENCHING MACHINES $35.69 1T 5D 8L TRUCK CRANE OILER/DRIVER ( UNDER 100 TON) $35.69 1T 5D 8L TRUCK CRANE OILER/DRIVER (100 TON & OVER) $36.05 1T 5D 8L WHEEL TRACTORS, FARMALL TYPE $33.59 1T 5D 8L YO YO PAY DOZER $36.05 1T 5D 8L POWER LINE CLEARANCE TREE TRIMMERS JOURNEY LEVEL IN CHARGE $28.90 4A 5A SPRAY PERSON $27.34 4A 5A TREE EQUIPMENT OPERATOR $27.72 4A 5A TREE TRIMMER $25 64 4A 5A TREE TRIMMER GROUNDPERSON $18.70 4A 5A REFRIGERATION & AIR CONDITIONING MECHANICS MECHANIC $22.90 1 ROOFERS JOURNEY LEVEL $25.77 1B 51 USING IRRITABLE BITUMINOUS MATERIALS $28.77 1B 51 SHEET METAL WORKERS JOURNEY LEVEL (FIELD OR SHOP) $34.29 1B 5A SOFT FLOOR LAYERS JOURNEY LEVEL $15.79 1 SOLAR CONTROLS FOR WINDOWS JOURNEY LEVEL $6.72 1 5T SPRINKLER FITTERS (FIRE PROTECTION) JOURNEY LEVEL $18.87 1 SURVEYORS CHAIN PERSON $9.25 1 INSTRUMENT PERSON $12.05 1 PARTY CHIEF $15.05 1 Page 5 * Classification YAKIMA COUNTY Effective 08-31-01 (See Benefit Code Ke") Over PREVAILING Time Holiday Note WAGE Code Code Code TELEPHONE LINE CONSTRUCTION - OUTSIDE CABLE SPLICER $24.74 26 5A HOLE DIGGER/GROUND PERSON $13.18 28 5A INSTALLER (REPAIRER) $23.66 2B 5A JOURNEY LEVEL TELEPHONE LiN i- t<JON $22.91 28 5A SPECIAL APPARATUS INSTALLER I $24.74 2B 5A SPECIAL APPARATUS INSTALLER II $24.21 2B 5A TELEPHONE EQUIPMENT OPERATOR (HEAVY) $24.74 28 5A TELEPHONE EQUIPMENT OPERATOR (LIGHT) $22.91 2B 5A TELEVISION GROUND PERSON $12.42 2B 5A TELEVISION LINtY tKJVN/INJIALLER $17.02 2B 5A TELEVISION SYSTEM TECHNICIAN $20.54 2B 5A TELEVISION TECHNICIAN $18.33 2B 5A TREE TRIMMER $22.91 26 5A TERRAZZO WORKERS & TILE SETTERS JOURNEY LEVEL $24.36 4A 5A TILE, MARBLE & TERRAZZO FINISHERS FINISHER $20.56 4A 5A TRAFFIC CONTROL STRIPERS JOURNEY LEVEL 327.67 1K 5A TRUCK DRIVERS ASPHALT MIX $14.19 1 A2r 62 DUMP TRUCK $25.62 1 DUMP TRUCK & TRAILER $25.62 1 OTHER 1 RUCKS •$725.62 1 TRANSIT MIXER $25.62 1 WELL DRILLERS & IRRIGATION PUMP INSTALLERS IRRIGATION PUMP INSTALLER $11.15 1 OILER $9.20 1 WELL DRILLER $17.68 1 Page 6 PROPOSAL Proposal Form Item Proposal Bid Sheet Bid Bond Form Non -Collusion Declaration Non -Discrimination Provision Subcontractor List Women and Minority Business Enterprise Policy Council Resolution Affirmative Action Plan Bidders Certification Subcontractors Certification Proposal Signature Sheet Bidders Check List PROPOSAL To the City Clerk Yakima, Washington This certifies that the undersigned has examined the location of: City of Yakima Park and Ride Facility City Project No. 1913 Transportation Improvement Board No. 9-E-(180)-3 and that the plans, specifications and contract governing the work embraced in this improvement, and the method by which payment will be made for said work, is understood. The undersigned hereby proposes to undertake and complete the work embraced in this improvement, or as much thereof as can be completed with the money available in accordance with the said plans, specifications and contract, and the following schedule of rates and prices. NOTE. Unit prices for all items, all extensions, and total amount of bid, shall be shown, and be written in ink or typed. Show unit prices in figures only. Figures written to the right of the dot (decimal) in the dollars column shall be considered as cents. 57 ITEM PROPOSAL BID SHEET City of Yakima Park & Ride Facility City Project No. 1913 Transportation Improvement Board No. 9-E-(180)-3 rrojeci 59 ITEM NO. PROPOSAL ITEM PAYMENT SECTION QTY UNIT UNIT PRICE DOLLARS AMOUNT DOLLARS 1 SPILL PREVENTION PLAN 1 LS 1-07.15 4 boo ,,OO li ano.co 2 MOBILIZATION 1 LS ' 1-09.7 Z 5w zio 7. 3 MAINTENANCE AND PROTECTION OF TRAFFIC 1 LS ' 1-10.5 200 HR ,5e)f). a co 4, 5,e)o.enc, _ 4 TRAFFIC CONTROL SUPERVISOR 1-10.5 5 CONSTRUCTION SIGNS CLASS A 100 SF 1-10.5 6 REMOVAL OF STRUCTURES AND OBSTRUCTIONS 1 LS 2-03/,, 54ti - 6n id 6 ROADWAY EXCAVATION INCL. HAUL 120 CY 2-03.5 7 COMMON GRAVEL BORROW INCL. HAUL 1,200 TON 4-04.549/ . Pec).,96 8 CRUSHED SURFACING BASE COURSE 1,200 TON ' ::,--',:-' , :, ''' 40, ,, '.,;k:,,.:,-•'- -'4',-4i 4-04.5 i '1449* 4712 9 ASPHALT CONC. PAVEMENT, CLASS 'A' WITH PG 64-28 650 TON 63 7- •,15 5-04.5 10 CEMENT CONCRETE CURB & GUTTER 560 LF 8-04 ita 5e 3 fro. eo 11 EXTRUDED CURB 1,320 LF _ -, ,., liki,-7-:-. 8-04 12 CHAIN LINK FENCE TYPE 3 - 6 FEET HEIGHT 550 LF 8-12 /0.40 4 -5x,„ e)c) 13 CEMENT CONCRETE SIDEWALK - 4 -INCH DEPTH 530 SY 8-14/91523 JO S35:60 14 COMMERCIAL DRIVEWAY APPROACH 1 EA 8-04 cs, OC.)0-60 0_41_060-6C) 15 LANDSCAPING 1 LS -, ,,, .-. '-,, Special Provisions, Division 8 4/9,,, 54949- evo ,V5., 5eza-exp 16 ILLUMINATION SYSTEM COMPLETE 1 LS , 8-20 c:=,N=2,, 64949 -exp ,,2c,2,620. 4.0 17 REPAIR OR REPLACEMENT 1 FA $ 5,080.00 : : ,' $ 5, .004-0' 8-30 18 LOOSE BROKEN BASALT 420 TON 8-31 /..3..50 4:' ,•729-e:e, 19 LOOSE RIVER ROCK 560 TON 8-31, /43,50 _ ......„ _ [ 2, .5.-‘g9-6 rrojeci 59 American Home Assurance Company National Union Fire Insurance Company of Pittsburgh, Pa. Principal Bond Office 70 Pine Street, New York, N Y 10270 KNOW ALL MEN BY THESE PRESENTS: POWER OF ATTORNEY No. 13-B-41133 That American Home Assurance Company, a New York corporation, and National Union Fire Insurance Company of Pittsburgh, Pa., a Pennsylvania corporation, does each hereby appoint ---Ronald J. Lange, Paula M. McCoy, James B. Binder, Alice R. W'ienckoski, Harold R. Ross, Anne E. Strieby, W. J. McCoy: of Seattle, Washington --- its true and lawful Attorney( s) -in -Fact. with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the respective company thereby IN WITNESS \\I-IEREOF, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pa. have each executed these presents t its 29th day of AAigust, 2000 awrence \V Carlstrom, Senior Vice President NationaUnion Fire Insurance Company of Pittsburgh. PA Vice President, American Home Assurance Company STATE OF NEW YORK } COUNTY OF NEW YORK }ss. On this 29th day of August. 2000 before me came the above named officer of American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh. Pa. to me personally' kno%\n to be the individual and officer described herein, and acknowledged that he executed the foregoing instrument and affixed the seals of said corporations thereto by authority, of his office. CERTIFICATE Excerpts of Resolutions adopted by the Boards of Directors of American Home Assurance Company Pittsburgh. Pa. on May 18, 1976 r F NEb'\1 YORK no 01L _ flth l J2t3 1 QUALIFIED IN RICHMOND COUNT' CERTIFICATE FILED NEW YORK COUNTY EXPIRES DECEMBER X151 and National Union Fire Insurance Company of "RESOLVED, that the Chairman of the Board. the President, or any Vice President be, and hereby is, authorized to appoint Attorneys -in -Fact to represent and act for and on behalf of the Company to execute bonds, undertakings. recognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company. in the transaction of its surety business, "RESOLVED, that the signatures and attestations of such officers and the seal of the Company may be affixed to any. such Power of Attorney or to any certificate relating thereto by facsimile. and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking„ recognizance or other contract of indemnity or writing obligatory in the nature thereof: "RESOLVED. that any such Attorney -in-Fact deli\ering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof, said date to be not later than the date of delivery thereof by such Attorney -in -Fact." I, Elizabeth M -Duck, Secretary of American I -Ione Assurance Company and of National Union Fuc Insurance Company. of Pittsburgh, Pa. do hereby certify that the foregoing excerpts of Resolutions adopted by the Boards of Directors of these corporations. and the Powers of Attorney issued pursuant thereto are true and correct, and that both the Resolutions and the Powers of Attorney are in full force and effect. IN WITNESS \\ IIEREOF, I have hereunto set my hand and affixed the facsimile seal of each corporation this 5th day of September 65166 (4,'9Q) 2lizabeth l\1 "fuck, Secretary 2001 BID BOND FORM Herewith find deposit in the farmva�f,a� mount isrtified eck, notless than five pershiers ccash, or bid bond ent of the total bid, in the amount of $! - Sign Here BID BOND KNOW ALL MEN BY THESE PRESENTS: -chat we, SUPERIOR PAVING CO. AMERICAN HOME ASSURANCE COMPANY City of Yakima, as Obligee, in the penal for the payment of which the Principal administrators, successors and assigns, , as principal, and _, as Surety, are held and firmly bound unto the sum of FIVE PERCENT (5%) OF TOTAL BID Dollars, and the Surety bind themselves, their heirs, executors, 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 FAIR AVENUE - PARK & RIDE FACILITY, TIB 9-E-180(001)-3 , 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 5th DAY OF September SUPER -:R P VI, CO. By: /r '/ is>i�irr. �#' AME', CAN HO'`y `� . .�� OMP N' aula M. McCoy, Attorney -in -Fact Received return of deposit in the sum of $ 20 NON -COLLUSION DECLARATION 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 (USOOT) 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. 63 NON-DISCRIMINATION PROVISION During the performance of this contract, the contractor agrees as follows. (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 " 65 SUBCONTRACTOR LIST (To be submitted with the Bid Proposal) Prepared in compliance with RCW 39.30.060 as amended Failure to list subcontractors who are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter 18.106 RCW, and electrical as described in Chapter 19.28 RCW will result in your bid being non-responsive and therefore void. Subcontractor(s) that are proposed to perform the work of heating, ventilation and air conditioning, plumbing, as described in Chapter18.106 RCW, and electrical as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Subcontractor Name Item Numbers Bid Items to be performed by the Prime Contractor: Prime Contractor Name/ate., Item Numbers 67 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 will 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. 69 RESOLUTION NO. 1- 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 carries 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. �Q ADOPTED BY THE CITY COUNCIL this .day of 1983. Mayor 6SCI Cla A j -‘0,1-Q ATTEST: _1l ) L City Clerk 71 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 such worker 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. 73 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 news media; and by notifying and discussing it with all subcontractors and suppliers V v g 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. 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_ k. 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. 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., not y wv vi oniva uv� ro, 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 qualifiable 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. 74 BIDDERS CERTIFICATION A bidder will not be eligible for award of a contract under this invitation for bids unless such bidder has submitted as a part of its bid the following certification, which will be deemed a part of the resulting contract: 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: and; 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. �Z— PJ��''i�nature of Authorized Representative of Bidder) 75 SUBCONTRACTORS CERTIFICATION Subcontractors' Certification is not required at the time of bid. This Certification must be completed by each subcontractor prior to award of any subcontract. (SUBCONTRACTOR) 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) 76 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 Bid 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 77 him the requirement to come forward with evidence to show that 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 formai 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 shah not apply to contract when the head the procedures .. ... ... .............,.......... ... .,. ....... ..... .., apply ... any_v. a. ...aa 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 78 PROPOSAL Park & Ride Facility City Project No. 1913 The bidder is hereby advised that by signature of this proposal acknowledged all requirements and signed all certificates contained h A proposal guaranty in an amount of five percent (5%) of the approximate estimate of quantities at the above prices and in the attached hereto: CASH 0 IN THE AMOUNT OF CASHIER'S CHECK 0 DOLLARS CERTIFIED CHECK PROPOSAL BOND he/she is deemed to have erein. total bid, based upon the form as indicated below, is ❑ ($ ) PAYABLE TO THE STATE TREASURER rEj IN THE AMOUNT OF 5% OF THE BID " Receipt is hereby acknowledged of addendum(s) No.(s) PHONE NUMBER SIGNAT RE OF AUT f RIZED OFFICIAL(s) 41/ FIRM NAME (ADRESS) z STATE OF WASHINGTON CONTRACTORS LICENSE NUMBER Note: FEDERAL ID No. J-a„.0ce,a' i/ l l`If 1 /1X1913471'I/ 1 (1) This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Secretary of Transportation will be cause for considering the proposal irregular and subsequent rejection of the bid (2) Please refer to section 1-02.6 of the standard specifications, re: "Preparation of Proposal," or "Article 4" of the Instructions to Bidders for building construction jobs. Should it be necessary to modify this proposal either in writing or by electronic means, please make reference to the following proposal number in your communication (3) 79 BIDDER'S CHECK LIST 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, extensions and total amounts bid must be shown in the spaces provided. B. PROPOSAL SIGNATURE SHEET To be filled in and signed by the bidder. 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. SUBCONTRACTOR LIST The form must be filled in. Failure to provide this information WILL NOT render the bid non-responsive. E. MBE/WBE FORM 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 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 1-07.18 (APWA) of the Standard Specifications and Special Provisions. 81 PLANS & DETAILS Construction Plans Construction Details 10" 5/8" REBAR © 10' O.C. NOTE 1. WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING NO. 5. CEMENT CONCRETE EXTRUDED CURB City of Yakima — Engineering Division APPROVED: 8.13.01 CITY OF YAKIMA - STANDARD DETAIL CONCRETE EXTRUDED CURB Ria CEMENT CONCRETE EXTRUDED CURB WHERE DESIGNATED COMPACTED SUB GRADE 6" CSBC (COMPACTED DEPTH) 3" CLASS "A" ACP (COMPACTED DEPTH) TYPICAL PARKING PAVEMENT SECTION City of Yakima — Engineering Division APPROVED: 8.14.01 CITY OF YAKIMA - STANDARD DETAIL PARKING PAVEMENT SECTION R9a HEAD/LUMINAIRE SHALL BE KAD 400S R3 240 SPD09 AS MANUFACTURED BY LITHONIA LIGHTING OR APPROVED EQUAL. 30' MOUNTING HEIGHT 4 BOLT GALVANIZED STEEL BASE PLATE 9" 17 1/2" ARM SQUARE o_ w n 0 LPOLE SHALL BE SSS 30 6G AS MANUFACTURED BY LITHONIA LIGHTING OR APPROVED EQUAL >i HAND HOLE W/ REMOVABLE COVER SCHEDULE 40 PVC CONDUIT(S) EXTEND 5" ABOVE BASE _ AND ANGLE END TOWARD HAND HOLE IN POLE. in 5/8" x 10' COPPER WELD GROUND ROD (SERVICE POLE ONLY) FINISHED GRADE CEMENT CONCRETE ANCHOR 36" DIAMETER x 8' DEPTH. FORM 24" SQUARE x 4" DEPTH AT TOP OF BASE (CHAMFER EDGES). GROUT BETWEEN ANCHOR BASE AND BASEPLATE AFTER POLE IS PLUMB AND SECURED. 4 GALVANIZED STEEL ANCHOR BOLTS WITH DOUBLE NUTS AND DOUBLE WASHERS. ANCHOR BOLTS SHALL EXTEND 4" ABOVE CONCRETE BASE. BOLT CIRCLE DIMENSIONS AND ANCHOR BOLT SIZE SHALL BE SUBMITTED BY POLE MANUFACTURER. REINFORCING STEEL BARS REQUIRED. 8—NO. 7 BARS VERTICAL. EVENLY SPACED AROUND PERIMETER. 8—NO. 4 HOOPS AT 12" ON CENTERS. 3" MINIMUM CONCRETE COVER. REBAR SHALL NOT BE WELDED. AREA & PARKING LIGHT City of Yakima — Engineering Division APPROVED: 8.14.01 CITY OF YAKIMA - STANDARD DETAIL AREA & PARKING LIGHT E4a CONCRETE APRON 7' MIN. OR TO R/W LINE (WHICHEVER IS GREATER) RP PREFERRED RAMP CONFIGURATION 15' (MIN) SEE PLAN WIDTH PER YMC 8.64.070 CONCRETE VALLEY GUTTER SEE PLANS Amonlimmor M A ---J RAISED CURBING MAY CONTINUE INTO SITE. RP • ALTERNATE RAMP CONFIGURATION VALLEY GUTTER TO FLOW LINE 3' VALLEY GUTTER SECTION A MIN. 4" COMPACTED DEPTH CRUSHED SURFACING, TOP COURSE NOTES 1 CURB & GUTTER, VALLEY GUTTER, & CONCRETE APPROACH SHALL BE SEPARATED BY 3/8" THICK EXPANSION JOINT MATERIAL. 2. THIS DETAIL INDICATES GENERAL CONFIGURATION REQUIREMENTS FOR COMMERCIAL DRIVEWAY APPROACHES. STYLE AND LOCATION OF HANDICAP RAMPS WILL DEPEND UPON SITE CONDITIONS AND SHALL BE CONSTRUCTED ACCORDING TO THE SPECIFIC PROJECT SITE PLAN APPROVED BY THE CITY ENGINEER. 3. WSDOT CLASS 3000 CONCRETE WITH COARSE AGGREGATE GRADING NO. 5. R„ COMMERCIAL APPROACH City of Yakima — Engineering Division APPROVED: 10.5.99 CITY OF YAKIMA • STANDARD DETAIL COMMERCIAL APPROACH R11 11M 4 .1 ST I It it 1'1 1 1 11 rorkm GARFIELD SCHOOL " \ • • CITY OF YAKIMA - ENGINEERING DIVISION FAIR AVENUE - PARK & RIDE PROJECT CITY PROJECT NUMBER 1913 TRANSPORTATION IMPROVEMENT BOARD (TIB) PROJECT NUMBER 9-E-180(001)-3 ''ESST Jilif I 11 p 1. CIST_r , \ \ : \ „ :.. s • , ' 1 , ,`, :',\'t, ' \ .-4" , S. ' 11 EAT s • '.1 ', 'i, ' \ '' ''' :4•'A '', 'it \ '' '' 11 i ''' ' ‘''', •E I ,l, \ t '' . . : \ '', \ \ iERRACE H1 RD \ , t' . , t • t . 1 , ,.,,...Mittith # , t , • \ .l, ,\ 1 1 , l • '''. ' ' — 0 akirria, ! „ , r \ MITIXI ST I ' 1 , VICINITY MAP NOT TO SCALE posnaer sr RR. IT KIWANIS PARK PLAN DISCLAIMER UNDERGROUND FEATURES SHOWN HEREON REPRESENT BEST AVAILABLE INFORMATION AS OBTAINED FROM LOCAL RECORDS AND VISIBLE SURFACE EVIDENCE. THE CONTRACTOR IS CAUTIONED TO VERIFY THE LOCATION AND DEPTH OF ALL UNDERGROUND FACILITIES. STATE LAW REQUIRES THAT ALL EXCAVATION WORK MUST BE PROCEEDED BY NOTIFICATION TO ALL OWNERS OF UNDERGROUND FACILITIES THROUGH A ONE NUMBER LOCATOR SERVICE: 1-800-553-4344 EXPIRES 11/17/2001 8 3 01 1 CONSTRUCTION NOTES 10 CONSTRUCT 7' WIDE CONCRETE SIDEWALK PER CITY OF YAKIMA STANDARD DETAIL. 11 CONSTRUCT 6' X 12' CONCRETE BUS SHELTER SLAB. 12 CONSTRUCT CONCRETE CURB & GUTTER PER CITY OF YAKIMA STANDARD DETAIL. 13 CONSTRUCT CONCRETE EXTRUDED CURB PER CITY OF YAKIMA STANDARD DETAIL. 14 CONSTRUCT 5' DRAIN OPENINGS IN NEW EXTRUDED CURB EVERY 50' AS SHOWN ON THE PLANS. 15 CONSTRUCT COMMERCIAL DRIVEWAY APPROACH PER CITY OF YAKIMA STANDARD DETAIL. 16 CONSTRUCT HANDICAP RAMP PER CITY OF YAKIMA STANDARD DETAIL. 17 CONSTRUCT BUS TURNOUT PER CITY OF YAKIMA STANDARD DETAIL. c PIER 1 IMPORTS / / ,/ / ;^ / ,/ / \J ,, \�, Project Eng. RJD O si, d, CONSTRUCTION NOTES 20 DOMESTIC WATER AND IRRIGATION METER TO BE INSTALLED BY CITY OF YAKIMA FORCES AND COORDINATED BY THE CONTRACTOR. 21 INSTALL NEW ELECTRICAL PULL BOX AND LIGHT PER CITY OF YAKIMA STANDARD DETAIL. 22 INSTALL NEW ELECTRICAL CONDUIT PER CITY OF YAKIMA STANDARD DETAIL. 23 INSTALL NEW ELECTRICAL CONTROL PANEL FOR USE WITH NEW LANDSCAPE WATERFALL PUMPS, AREA LIGHTS & FUTURE ELECTRICAL NEEDS. 24 INSTALL NEW ELECTRICAL PULLBOX PER CITY OF YAKIMA STANDARD DETAIL. PIER 1 IMPORTS • N Project Eng. RJD Drawing Scales UTILITY PLAN �. \ . . `\ " ` ` \ ` ` .°�, ` � � ` � ^�` ' • � \ ` �� W-; ' ` ` , \ \\ ` \\\` ``` �` \ ` , `\ \\\ ).�».^ �v � ' - CONSTRU UC7FUON NOTES • TIB PROJECT NUMBER 9-E-180(001)-3 City of Yakima Project No. 1913 0� REMOVE 12' DEPTH OF NATIVE MATERIAL FROM THE BOTTOM OF THE RETENTIO BASIN FOR CREATION OF LANDSCAPE MOUNDS. CONSTRUCT 5 EQUAL -SIZED EARTH MOUNDS FROM MATERIAL EXCAVATED FROM THE FLOOR OF THE RETENTION BASIN COVER EACH MOUND WITH A MINIMUM OF 10 CUBIC YARDS OF IMPORTED TOPSOIL. (I� �� 12" DEPTH OF IMPORTED TOPSOIL TO BE PLACED IN OTHERWISE NON -DESIGNATED AREAS. 0 PLACE COLUMNAR BASALT ROCKS, NUMBER AS GRAPHICALLY SHOWN ON THE PLANS, WHICH WILL BE PROVIDED BY THE CITY OF YAKIMA ON SITE. �o*/ �� INSTALL NEVV8'HIGH, TYPE 3.CH/\|NLINK FENCE. �� \�o/ �� PLANT 1>6''-2"CALIPER COLUK�NAROAK TREES, LO{�AT|ONPER PLANS. �� CONTRACTOR TO KEEP ALL BASALT ROCK A MINIMUM OF 18" FROM TREE TRUNKS IZ , PLACE 8" DEPTH RIVER ROCK THROUGH OUT RETENTION BASIN AND LANDSCAPE AREA PER PLANS. Project Eng. RJD 1— cri Z� \o(/ PLACE 8''NOK1|NALDEPTH BR[>KENBASALT |NDES|��NATEDAREAS PER PLANS. �� �38\ DESIGN AND CONSTRU��TNEVVLANOS(�APEVVATERFALLVV|TH|NAREA DESIGNATED. �� LANDSCAPE PLAN PIER 1 IMPORTS I _ thh' to ta71W tes.. Depart est i nsp r Sid Morrison Secretary of Transportation September 20, 2001 Mary Place, Mayor City of Yakima 129 N. 2nd Street Yakima, WA 98901 RE: I-82, Parcel 5-YG057, Gateway Park and Ride Lot — Advanced Authorization to Construct 'South Ce ,ntw l iAe 9 SE 2809 Ruclkin Road, Union Gap 8 0 Box 12560 "akima, \N/ 98909-2560 509-577-1600 Dear Mayor: The Department of Transportation and the City of Yakima are in the process of completing the Agreement to facilitate the location, construction and maintenance of the park and ride lot along Fair Avenue. This letter will permit the construction of the site to fit the City's currently scheduled Project, No. 1913. This advanced authorization is granted with the understanding that; 1) the Federal Highway Administration currently has control over this right of way; 2) the park and ride lot will not be opened to the public until the Agreement is fully executed. If the provisions of this letter are acceptable, please sign both copies and return them to this office for final signature. One fully executed original will be returned for City records. Sincerely, Todd Trepanief, P.E. Acting Region Administrator DJ/dj Acceptance: CITY OF YAKIMA Mary Place,RVlayor Date: 6160/01 R.A. ZaiJr., City Manager WASHINGTON STATE DEPARTMENT OF TRANSPORTATION South Central Region Administrator Date: Date: